AVAILABILITY OF PUBLIC RECORDS:
All public record to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the City Clerk’s Office, City Hall located at 333 90 th Street, Daly City, CA during normal business hours, at the same time that the public records are distributed or made available to the legislative body.
CITY OF DALY CITY
Regular Meeting - CITY COUNCIL
AGENDA
Monday, April 25, 2022 - 7:00 PM
COVID-19 ANNOUNCEMENT - PUBLIC MEETINGS
Pursuant to Government Code section 54953(e) et seq., members of the Daly City Council and staff will participate in this meeting via a teleconference. Members of the public are encouraged to watch the meeting via livestream on the City’s YouTube Channel at https://www.youtube.com/DalyCityVideoMeetings, the City’s agenda website at https://www.dalycity.org/agendas or on local Channel 27 (Comcast).
Public Participation:
There are two ways to submit public comment: (1) send written comments by 4:00 pm on meeting day and (2) join to speak at the meeting via Zoom.
To submit a comment in writing, please email [email protected] and write “Public Comment” in the subject line. In the body of the email, include the item number and/or title of the item as well as your comments. All comments received by 4:00 pm will be emailed to the City Council members prior to the meeting. Those comments received after 4:00 pm will be added to the record and shared with the City Council members following the public meeting. Comments are not read aloud into the record.
To speak at the meeting via Zoom, join at https://bit.ly/dalycityapr25zoom. Zoom will require an email address and name. The name entered will be visible online and will be used to notify you that it is your turn to speak.
You may also join by visiting https://zoom.us/join. Enter meeting ID: 857 4010 2419, then enter email address and name. The April 25, 2022 Regular City Council meeting may also be accessed via telephone by dialing +1 669 900 6833 (Local). Enter the meeting ID: 857 4010 2419, then press #.
When you would like to speak on an item during the public comment portion of the meeting, you will need to use the “raise hand” feature in Zoom. Public comment is limited to two (2) minutes maximum, and speakers may only comment once per item. You must familiarize yourself with Zoom prior to joining the meeting. The City will not be providing technical support.
If you do not wish to speak, the City requests that you watch the livestream of the meeting on the City’s YouTube Channel at https://www.youtube.com/DalyCityVideoMeetings, the City’s agenda website at https://www.dalycity.org/agendas or on local Channel 27 (Comcast).
Persons with disabilities who require auxiliary aids or services in attending or participating in this meeting should call the office of the City Clerk at 991-8078 as soon as possible.
Agenda – City Council
Monday, April 25, 2022
CALL TO ORDER:
PLEDGE TO THE FLAG:
ROLL CALL:
PRESENTATIONS:
1. Proclaiming April 2022 as National Poetry Month, Daly City Youth Poet Laureate Representative
2. Poetry Reading by Daly City Youth Laureate
3. Proclaiming May 1, 2022 as Global Love Day, John Goltz, Vice President, The Love Foundation
4. Proclaiming May 2022 as Mental Health Month, Stephanie Garma Balon and Christi Morales- Kumasawa, Co-Chairs, Filipino Mental Health Initiative, San Mateo County
APPROVAL OF MINUTES:
5. Regular Meeting of April 11, 2022
APPROVAL OF AGENDA:
CONSENT AGENDA
All items listed on the Consent Agenda are considered to be routine and may be approved by one roll call vote of the City Council. There shall be no separate discussion of the matters on the Consent Agenda unless requested by a member of the City Council. If discussion is required, that item will be removed from the Consent Agenda and will be considered separately at the end of the Agenda.
Resolutions:
6. Authorizing City Manager to Execute a Professional Services Agreement for the Vision Zero Community Outreach Project
7. Amending Traffic Regulations to: (1) Install a 15 ft. No Parking (red) zone at the southwest corner of South Hill Boulevard and Bellevue Avenue (TSR 22/33); and (2) Install 57 ft. No Parking (red) zones at the northeast and northwest corners of the driveway on Southgate Avenue to Fernando Rivera Intermediate and Thomas Edison Elementary Schools (TSR 22/36)
8. Authorizing City Manager to Execute an Amendment to the Professional Services Agreement for the Mussel Rock 2019 Gabion Wall and Stormwater Maintenance Project
Agenda – City Council
Monday, April 25, 2022
9. Authorizing Amendment to the Professional Services Agreement with Tetra Tech, Inc. for Mussel Rock Waste Boundary Investigation for the Mussel Rock Upper Disposal Area
10. Approving Reclassification of Network Administrator II to Financial Services Manager
11. Approving the Recovered Organic Waste Product and Recycled-Content Paper Procurement Policy
END OF CONSENT AGENDA
PUBLIC HEARINGS:
12. HOME Investment Partnerships-American Rescue Plan (HOME-ARP) Allocation Plan STAFF: Betsy ZoBell
RECOMMENDATION: Open/Close Hearing
Adopt Resolution by Roll Call Vote
13. City’s HUD Consolidated One-Year Action Plan for Fiscal Year 2022-23 STAFF: Lenelle Suliguin
RECOMMENDATION: Open/Close Hearing
Adopt Resolution by Roll Call Vote
ORDINANCES:
14. Second Reading, Ordinance No. 1457, Amending Title 17 of the Daly City Municipal Code, Re: Locational Standards for Smoke Shops
STAFF: Rose Zimmerman
RECOMMENDATION: Adopt Ordinance by Roll Call Vote
PUBLIC APPEARANCES/ORAL COMMUNICATIONS:
NOTE: Speakers are limited to two minutes, unless modified by the Mayor. The Council cannot take action on any matter raised under this item.
APPOINTMENTS: Board/Commission Membership Committee Appointments
Agenda – City Council
Monday, April 25, 2022
REPORTS:
15. Council Committee
16. City Council
17. Staff
ADJOURNMENT:
Proclamation
National Poetry Month
WHEREAS, the Academy of American Poets established the month of April as National Poetry Month in 1996; and
WHEREAS,National Poetry Month seeks to highlight the extraordinary legacy and ongoing achievement of American poets; introduce Americans to the pleasures and benefits of reading poetry; bring poets and poetry to the public in immediate and innovative ways; make poetry an important part of our children’s education; and
WHEREAS,National Poetry Month, under the leadership and direction of the Academy of American Poets, is now the largest literary celebration in the world; and WHEREAS,poetry enhances and enriches the lives of all Americans; and WHEREAS, poetry, as an essential part of the arts and humanities, affects every aspect of life in America today, including education, the economy, and community pride and development; and
WHEREAS,poetry has produced some of the nation’s leading creative artists and has inspired other artists in fields such as music, theatre, film, dance, and the visual arts.
NOW, THEREFORE, I, Roderick Daus-Magbual, Mayor, and members of the City Council, hereby proclaim April 2022, as NATIONAL POETRY MONTH in the City of Daly City and encourage the Daly City community to observe this month, to celebrate the cultural riches our community has to offer, and to recognize the important role poetry has in creating and sustaining this great nation with appropriate ceremonies, activities, and programs.
Signed and sealed by the Mayor and City Council
of the City of Daly City this 25th day of
April, 2022.
Roderick Daus-Magbual, Mayor
Raymond A. Buenaventura, Vice Mayor
Pamela DiGiovanni, Councilmember
Juslyn C. Manalo, Councilmember
Glenn R. Sylvester, Councilmember
Proclamation
GLOBAL LOVE DAY - MAY 1, 2022
WHEREAS,The Love Foundation, Inc., a non-profit organization, has announced GLOBAL LOVE DAY to facilitate in establishing LOVE & PEACE on our planet; and
WHEREAS,GLOBAL LOVE DAY will establish a worldwide focus towards "unconditionally loving each other as we love ourselves"; and WHEREAS,we are One Humanity on this planet; and
WHEREAS,all life is interconnected and interdependent; and WHEREAS,all share in the Universal bond of love; and
WHEREAS,love begins with self-acceptance and forgiveness; and WHEREAS,with respect and compassion we embrace diversity; and WHEREAS,together we make a difference through love; and WHEREAS,The Love Foundation, Inc. invites mankind to declare May 1, 2022, as GLOBAL LOVE DAY, a day of forgiveness and unconditional love.
GLOBAL LOVE DAY will act as a model for all of us to follow, each and every day.
NOW, THEREFORE, I, RODERICK DAUS-MAGBUAL, Mayor, and members of the City Council of the City of Daly City, do hereby proclaim MAY 1, 2022, as GLOBAL LOVE DAY in Daly City and we invite all citizens to observe this day, which honors the public cause for Global Love, World Peace, and Universal Joy.
Signed and sealed by the Mayor and City Council
of the City of Daly City this 25th day of April, 2022.
Roderick Daus-Magbual, Mayor
Raymond A. Buenaventura, Vice Mayor
Pamela DiGiovanni, Councilmember
Juslyn C. Manalo, Councilmember
Glenn R. Sylvester, Councilmember
Proclamation
Mental Health Month- May 2022
WHEREAS,mental health conditions are one of the most common health conditions worldwide, and the COVID-19 pandemic has triggered a 25% increase in the prevalence of anxiety and depression; and
WHEREAS,last year, the U.S. Surgeon General issued a health advisory on the youth mental health crisis that has been further exposed by the COVID-19 pandemic; and WHEREAS,one out of every 24 Californians with a serious mental health condition have difficulty functioning in everyday life and if left untreated, have life expectancies 25 years shorter than the general population; and
WHEREAS,every day, millions of people face stigma related to mental health and substance use conditions and may feel isolated and alone, going years before receiving any help; and
WHEREAS,mental health and substance use conditions are treatable health conditions, and people who have mental health and substance use conditions can recover and lead full and meaningful lives; and
WHEREAS,this year’s May Mental Health Month theme, #SMCTakeAction4MH, encourages everyone to take actionable steps towards addressing mental health and substance use conditions with the overarching goal to support mental wellness; and WHEREAS,Daly City has joined the San Mateo County Mayors Mental Health Initiative where mayors across the 20 cities in San Mateo County have come together with the mission of promoting awareness of and access to mental health resources in their communities; and
WHEREAS,Daly City is also advancing the mental health of the community by participating in a Community Wellness Crisis Response Team pilot program with the goal of de-escalating mental health crisis calls to 9-1-1 in the community by clinically trained mental health staff; and
WHEREAS,Daly City wishes to increase the public's knowledge of signs and symptoms of mental health and substance use conditions, professional and self-help resources, and self-care practices.
NOW, THEREFORE, I, RODERICK DAUS-MAGBUAL, Mayor, and members of the City Council of the City of Daly City, do hereby proclaim May 2022 as Mental Health Month in Daly City to enhance public awareness of mental health to help end the stigma and direct members of the community to resources and support for mental health and substance use conditions.
Signed and sealed by the Mayor and City Council
of the City of Daly City this 25th day of April 2022.
Roderick Daus-Magbual, Mayor
Raymond A. Buenaventura, Vice Mayor
Pamela DiGiovanni, Councilmember
Juslyn C. Manalo, Councilmember
Glenn R. Sylvester, Councilmember
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
APRIL 11, 2022
--------------------------------
Note on Public Comments: For this meeting, members of the public were encouraged to watch the meeting via livestream and speak at the meeting via Zoom, and/or submit public comments via email to the City Clerk’s Office prior to the public meeting. Persons with disabilities who require auxiliary aids or services in attending or participating in this meeting were instructed to call the office of the City Clerk at 991-8078 prior to the meeting.
Visit https://www.youtube.com/c/DalyCityVideoMeetings to view videos of the City Council meetings
The meeting was called to order by Mayor Daus -Magbual at 7:00 P.M. by video conference call pursuant to Governor Gavin Newsom’s Executive Order N-29-20.
ROLL CALL: Councilmembers Present:
Roderick Daus-Magbual, Mayor
Raymond A. Buenaventura, Vice Mayor
Pamela DiGiovanni
Juslyn C. Manalo
Glenn R. Sylvester
Staff Present:
Shawnna Maltbie, City Manager
Rose L. Zimmerman, City Attorney
K. Annette Hipona, City Clerk
PRESENTATIONS:
Proclaiming April 2022 as Fair Housing Month
(Daniel Williams, Fair Housing Staff Attorney, Project Sentinel)
Proclaiming April 10, 2022 as John Madden Day
(Mayor Daus-Magbual)
APPROVAL OF MINUTES:
Regular Meeting of March 28, 2022
It was moved by Councilmember Manalo, seconded by Vice Mayor Buenaventura and carried to approve the minutes of March 28, 2022.
APPROVAL OF AGENDA:
It was moved by Councilmember Manalo, seconded by Vice Mayor Buenaventura and carried to approve the agenda.
CONSENT AGENDA:
It was moved by Councilmember DiGiovanni, seconded by Councilmember Manalo and carried to approve the consent agenda with the exception of items #4 and #6 which were pulled for further discussion.
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
APRIL 11, 2022
2 Communications:
Receive and File Fiscal Year 2013 -2014 Through Fiscal Year 2020- 2021 Housing Successor Agency Annual Report
Deputy Director of Finance and Administrative Services Abby Veeser provided clarification on the annual filing which is used to report out the activities of the Housing Successor Agency and to demonstrate how the City is using its 20% H ousing Set-Aside funding. Housing and Community Development Supervisor Betsy ZoBell clarified how some of the funds were spent on homeless prevention activities.
It was moved by Councilmember Manalo, seconded by Vice Mayor Buenaventura and carried to approve the report.
Resolutions:
Authorizing City Manager to Execute a Three-Year Agreement with Looking Point for the Purchase of Cisco UCS Servers and VMware Software
Resolution 22-51, Authorizing Execution Of A Three -Year Agreement With Looking Point For Purchase And Implementation Of UCS Servers And VMware Software
Accepting and Appropriating Funding from the County of San Mateo for Summer Enrichment Programs
Recreation Services Manager Denise Brown reported on a $20,000 grant funding received from San Mateo County; the funding will be used towards scholarships, added enrichment for summer programs and camps, and enrollment costs for socio -economically disadvantaged youth. Ms. Brown acknowledged Recreation Services Supervisor Gina Magagnini and Senior Recreations Services Supervisor Jennifer Der for their work in obtaining the funding.
It was moved by Councilmember Manalo, seconded by Councilmember DiGiovanni and carried by voice vote to adopt the following resolution:
Resolution 22-52, Accepting And Appropriating Funding From The County Of San Mateo For Summer Enrichment Programs
Setting Time and Place of Public Hearing - Proposed Adoption of Ordinance for Military Equipment Policy (Set Hearing: 5/9/22)
Resolution 22-53, Setting Time And Place Of Public Hearing For Proposed Ordinance Adding Chapter 9.56 To The Daly City Municipal Code Re: Police Acquisition And Use Of Military Equipment
Authorizing the Elimination of Overdue Fines for Library Materials
Resolution 22-54, Eliminating Overdue Fines For Library Materials
Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361
Resolution 22-55, Authorizing Remote Teleconference Meetings By The City Council And All
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
APRIL 11, 2022
3 Boards, Commissions, And Standing Committees Of The City In Accordance With Assembly Bill 361 For A Period Of Thirty Days
END OF CONSENT AGENDA
PUBLIC HEARINGS:
Zone Change ZC -01-22-15477 – Amendment to Title 17 Zoning Locational Standards for Smoke Shops and Tobacco Stores
Planning Manager Michael Van Lonkhuysen proposed establishing regulations for new smoke shops and tobacco stores , including a 1,000-foot buffer zone from existing like businesses to prevent the concentration of these uses in one area. The Council discussed issues with the proposed regulations and whether or not there should be any amendments to the zone change . Staff provided clarification on the difference between a location standard zone change and a prohibition zone change . Staff addressed questions on how existing smoke and tobacco shops are affected by the zone change, whether there is a potential for overlap with cannabis shops, and the non-transferability of a smoke shop business license.
It was moved by Councilmember Sylvester, seconded by Vice Mayor Buenaventura and carried to open the public hearing.
Call-in User2 requested imposing similar regulations for stores selling alcohol.
It was moved by Councilmember Sylvester, seconded by Councilmember DiGiovanni and carried to close the public hearing.
It was moved by Vice Mayor Buenaventura, seconded by Councilmember Manalo and carried for the City Attorney to read by title only, via the following voice vote:
Ayes: Buenaventura, Manalo, Daus-Magbual
Noes: DiGiovanni, Sylvester
Councilmember Manalo introduced the following ordinance:
Ordinance 1457, Amending Title 17 of Daly City Municipal Code Re: Locational Standards for Smoke Shops and Tobacco Stores
ORDINANCES:
Second Reading, Ordinance No. 1456, Amending Section 2.58.060 of the Municipal Code Re: Small Business Commission Meetings
It was moved by Councilmember Manalo, seconded by Vice Mayor Buenaventura and carried by unanimous roll call vote to adopt the following ordinance:
Ordinance 1456, Amending Section 2.58.060 of Title 2 of the Daly City Municipal Code Re:
Small Business Commission Meetings
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
APRIL 11, 2022
4 PUBLIC APPEARANCES:
Call-in User2 voiced concern about Councilmember DiGiovanni being muted during the previous meeting. The caller requested City commissions to center the community and requested having more community outreach to increase community involvement.
REPORTS:
City Council
Councilmember DiGiovanni acknowledged celebrations of Autism Acceptance Month, National Dispatcher Appreciation Week, Ramadan, Passover and Easter. Councilmember DiGiovanni reported attendance at Colma’s Town Hall meeting with Assemblymember Phil Ting and Assemblymember Kevin Mullin to discuss the budget surplus.
Vice Mayor Buenaventura provided an update on Pilipino Bayanihan Resource Center’s (PBRC) donation drive for relief for the people of Ukraine; he will provide more information on the logistics of the drive and the shipment of goods as it becomes available. Vice Mayor Buenaventura spoke with Caltrain representatives and provided an update on the Alice Bulos City sign.
Mayor Daus-Magbual reported attendance at a general meeting/community town hall with PBRC and its members to discuss community services and the Mayor’s State of the City; the Mayor reported on the upcoming opening of the Alice Bulos Community Hub and other community opportunities. Mayor Daus-Magbual met with Peninsula Family Services Project and thanked Maria Damp and Heather Cleary for their service to seniors, the youth and residents of the Bayshore neighborhood. Mayor Daus-Magbual announced the upcoming Ukrainian flag-raising to demonstrate solidarity with the people of Ukraine and to strive for peace; the flag-raising will take place at City Hall on April 13 th.
Councilmember Manalo participated in a panel with the League of African American Caucus to celebrate Women’s History Month and to discuss issues of equity and representation. Councilmember Manalo acknowledged the 80th commemoration of the Bataan Death March to pay homage to Filipino WWII veterans and American veterans who were in the march; the Philippine Consulate will be holding an exhibit in tribute for the month of April. Councilmember Manalo supported raising the Ukrainian flag to continue to fight against war.
ADJOURNMENT:
Mayor Daus-Magbual adjourned the meeting at 8:36 PM in memory of Jesus Benjamin Pecson, Carlos Manuel Lacayo, Vladimir Ruvinsky and Stephen Soto.
Approved as submitted, this 25th
City Clerk
day of April , 2022.
Mayor
City Council Agenda ReportItem # _____
Meeting Date: April 25, 2022
Subject: Authorize the City Manager to Execute a Professional Services Agreement for the Vision Zero Community Outreach Project
Recommended Action
Staff recommends that the City Council authorize the City Manager to execute an agreement for professional services with Toole Design, of Oakland, California, to provide community outreach and branding materials to support the City’s Vision Zero Community Outreach Project.
Background
On April 12, 2021, council approved the San Mateo County TA Measure W Funds (Pedestrian and Bicycle Program) Vision Zero Community Outreach Program funding agreement for a grant amount of $50,000. These funds coupled with the required $50,000 local match, totaling $100,000, will fund the Vision Zero Community Outreach Project.
The Vision Zero Community Outreach Project is the next step in implementing the City’s recently adopted Vision Zero Action Plan, the first in San Mateo County. The Action Plan requires outreach and education of all roadway users as we work towards a goal of zero serious injuries and fatalities by 2035. The community outreach will include branding materials for the city’s program, updating of the City’s website, education materials, and Vision Zero promotion at public events.
Discussion
On November 18, 2021, staff released a Request for Proposals (RFP) to 14 firms from the City’s 2021 General Engineering Services short list with expertise in traffic engineering services. Three firms submitted proposals by the due date of December 16, 2021. The City convened an evaluation panel to score and rank the firms based on the proposals and oral interviews. Toole Design was deemed to be the most qualified consultant by the evaluation panel. Toole Design will work with the City through a series of project meetings. They will prepare branding for the outreach efforts as well as orchestrate various outreach methods including: City webpage, social media, video outreach, pop-up events, local school engagement, yard signs, and gas station ads.
Fiscal Impact
The professional services agreement with Toole Design provides for a not-to-exceed amount of $100,000 to provide community outreach and branding materials to support the Vision Zero Community Outreach Project. The amount includes branding, outreach strategies, and campaign implementation services. Sufficient funds for these services are available in the FY 2021-22 CIP Account 17-312-218 Capital Projects Fund – Vision Zero Community Outreach Project.
Summary/Conclusion
Staff recommends that the City Council authorize the City Manager to execute an agreement for professional services with Toole Design, of Oakland, California, to provide community outreach and branding materials to support the City’s Vision Zero Community Outreach Project.
Authorizing Professional Services Agreement for the Vision Zero Community Outreach Project Meeting Date: April 25, 2022
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Mike Burnfield Richard Chiu Jr.
Engineer 1 Director of Public Works
Attachment:
1. Toole Design Professional Services Agreement
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AGREEMENT WITH TOOLE DESIGN
FOR DESIGN PROFESSIONAL SERVICES
FOR
City of Daly City
This Agreement, made and entered into this ____ day of __________, 2022 (the “Effective Date”) by and between the CITY OF DALY CITY, a municipal corporation existing under the laws of the State of California (”CITY"), and Toole Design Group, LLC, a Maryland Limited Liability Company ("CONSULTANT"):
Toole Design Group, LLC
8484 Georgia Avenue, Suite 800
Silver Spring, MD 20910
R E C I T A L S :
A. CITY desires certain construction document services hereinafter described as the design services for Vision Zero Outreach.
B. CITY desires to engage CONSULTANT to provide these consulting services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - SCOPE OF SERVICES
The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A to this Agreement, the proposal from Toole Design dated March 23 rd, 2022, attached and incorporated by reference.
SECTION 2 - DUTIES OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.
CONSULTANT represents that it is qualified to furnish the services described under this Agreement.
CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.
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SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.
CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT'S work.
SECTION 4 - TERM
The services to be performed under this Agreement shall commence on the Effective Date and be completed within one (1) year.
SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT, on a time and materials basis, pursuant to rates stated in Exhibit A to this Agreement, attached and incorporated by reference. In no event shall CONSULTANT’s total compensation under this Agreement exceed one hundred thousand dollars ($100,000.00).
SECTION 6 – TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.
Upon termination and upon CITY'S payment of the amount required to be paid, documents become the property of CITY, and CONSULTANT shall transfer them to CITY upon request without additional compensation.
SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not. Ownership shall not extend to CONSULTANT’S underlying means and methods used to create work product. Additionally, any images, graphics, photographs, etc. contained within CONSULTANT’S documents thereto belonging to CONSULTANT shall remain property of CONSULTANT unless otherwise indicated in the scope of services.
SECTION 8 - INDEPENDENT CONTRACTOR
It is understood that Consultant, in the performance of the work and services agreed to be
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performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.
SECTION 9 - CONFIDENTIALITY
All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release.
SECTION 10 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
SECTION 11 – USE OF SUBCONSULTANTS
CONSULTANT shall not subcontract any services to be performed by it under this Agreement without the prior written approval of the CITY, which shall not be unreasonably withheld, except for service firms engaged in drawing, reproduction, typing, and printing. CONSULTANT shall be solely responsible for reimbursing any subconsultants and the CITY shall have no obligation to them.
SECTION 12 - CONSULTANT'S STATUS
It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent CONSULTANT as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.
SECTION 13 – SB 1383 COMPLIANCE
To the extent applicable, CONSULTANT shall comply with the requirements set forth in SB 1383 and Public Contracts Code Section 22150 for the procurement of recycled paper products.
To the extent that the fitness and quality are equal, CONSULTANT shall purchase recycled products, as defined in Public Contracts Code Section 12200 instead of nonrecycled products.
Upon completion of the term of this Contract, CONSULTANT shall provide records to the CITY demonstrating compliance with this section, including copies of all invoices, receipts, or other proofs of purchase that detail the procurement of paper products.
SECTION 14 - INDEMNITY
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To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), Consultant and Consultant’s sureties agree to defend, indemnify and hold harmless the City, its officers, agents, officials, representatives, employees and volunteers (collectively “Indemnitees”) from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including, without limitation, court costs, reasonable attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation), to the extent that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any Subconsultant, anyone directly or indirectly employed by them, or anyone that they control (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent that such Liabilities are arise out of the sole negligence, active negligence, or willful misconduct of Indemnitee.
Acceptance by the City of the work performed under this Agreement does not operate as a release of Consultant from such professional responsibility for the work performed pursuant to this Agreement.
The duty of Consultant and its sureties to indemnify and hold harmless as set forth above, shall include the duty to defend as set forth in Section 2778 of the California Civil Code, provided, however, that nothing herein shall be construed to require the Consultant to indemnify the City, its subsidiary districts, its officers, agents or employees against any responsibility for liability in contravention of Section 2782 of the California Civil Code.
Consultant and its sureties expressly and specifically agree to waive any and all subrogation rights it may have against the City, its subsidiary districts, officers or employees.
Indemnification and waiver of subrogation contained in this section shall remain operative and in full force and effect regardless of any termination of this Agreement.
SECTION 15 - INSURANCE
CONSULTANT shall procure and maintain for the duration of the contract and three years thereafter (five years for building or major improvements) insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONSULTANT, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1.Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall
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apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2.Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3.Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4.Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate
If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT. CONSULTANT maintains the following deductibles:
General Liability - $1,000 property deductible
Automobile - $500
Professional Liability - $75,000
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONSULTANT; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the CONSULTANT’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the CONSULTANT’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.
Waiver of Subrogation
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CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract Effective Date, the CONSULTANT must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
SECTION 16 - NONASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY.
SECTION 17 - RELIANCE UPON PROFESSIONAL
SKILL OF CONSULTANT
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It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.
SECTION 18 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 19 – SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
SECTION 20 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
SECTION 21 - NON-DISCRIMINATION
CONSULTANT represents that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subconsultants shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.
SECTION 22 - MEDIATION
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Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
SECTION 23 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT'S services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT'S wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT'S standard hourly rates at the time of actual testimony.
SECTION 24 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: Michael Burnfield
City of Daly City Public Works Engineering Division
333 90th Street
Daly City, CA 94015
To CONSULTANT: Jessica Fields
Toole Design Group, LLC
8484 Georgia Avenue, Suite 800
Silver Spring, MD 20910
SECTION 25 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.
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This document may be amended only by writt en instrument, signed by both CITY and CONSULTANT.
SECTION 26 – AUTHORITY TO ENTER INTO AGREEMENT
CONSULTANT has all requisite power and aut hority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the indivi duals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
SECTION 27 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year first above written.
CITY OF DALY CITY CONSULTANT
Toole Design Group, LLC
Shawnna Maltbie Jessica Fields
City Manager Regional Operations Director,
Western US and Texas
APPROVED AS TO FORM
Rose Zimmerman
City Attorney
Created:
By:
Status:
2022-04-08
Miranda Hingston ([email protected])
Signed
Transaction ID: CBJCHBCAABAAGGQv2ip2ZjCJHSHbrZvDyEMFOIy63ctv 00OAK.00100.00_Toole-Vision-Zero-Outreach-
Agreement-R1
Final Audit Report 2022-04-08
"00OAK.00100.00_Toole-Vision-Zero-Outreach-Agreement-R1" History
Document created by Miranda Hingston ([email protected]) 2022-04-08 - 3:23:38 PM GMT
Document emailed to Jessica Fields ([email protected]) for signature 2022-04-08 - 3:23:59 PM GMT
Email viewed by Jessica Fields ([email protected]) 2022-04-08 - 3:36:44 PM GMT
Document e-signed by Jessica Fields ([email protected]) Signature Date: 2022-04-08 - 3:41:31 PM GMT - Time Source: server
Agreement completed.
2022-04-08 - 3:41:31 PM GMT
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EXHIBIT A
March 23, 2022
City of Daly City
Public Works Department – Engineering Division
Attn: Michael Burnfield, Engineer 1
333 90th Street, Daly City, CA 94015
Submitted via email to [email protected]
RE: Daly City Vision Zero Community Outreach Program
REVISED SCOPE OF WORK AND FEE
Dear Michael Burnfield and Staff,
Provided herein is a revised Scope of Work and Fee for the Daly City Vision Zero Community Outreach Program.
This Scope and Fee reflects the conversations conducted between Toole Design and City staff to refine the project approach in March and April 2022. This document contains Toole Design’s scoping assumptions, and enumerated deliverables for each task.
If you have any questions, please contact Jessica Fields at [email protected].
Sincerely,
Mia Candy
Project Planner II, Associate
TOOLE DESIGN
30 SCOPE OF WORK
This scope of work is for professional services to plan and implement the Vision Zero Community Outreach
Program for the City of Daly City. The Toole Design Team will provide professional branding, communications,
outreach, and engagement services, as well as project
coordination and management.
This Scope of Work Assumes:
The project will kickoff in April 2022 and will conclude within nine (9) months, by the end of December 2022.
The Toole Design team will produce one (1) draft for
each deliverable for review by City staff (and key
stakeholders where appropriate). Toole Design will
develop the final deliverable in response to one (1)
round of City review.
Where possible, City staff will compile all comments
from staff and stakeholders into one set of
consolidated comments. Toole Design will incorporate
consolidated comments to produce the final
deliverable.
All material translation will be conducted in-house by
the City of Daly City. The City will provide translated text to Toole Design, and we will convert the text into public-facing deliverables.
Standard/ minor printing such as flyers or fact sheets
may be conducted in-house by the City of Daly City.
Specialized printing, such as large posters, yard signs, or stickers, will be produced via local vendors and
charged as a direct expense by Toole Design.
TASK 1: PROJECT MANAGEMENT AND
ADMINISTRATION
TASK 1.1: KICKOFF MEETING
Toole Design will convene and facilitate a kickoff
meeting with City staff and key stakeholders. During
the kickoff meeting, we will review the scope of work,
identify project opportunities and concerns, finalize
the schedule, and confirm deliverables. We will also
establish communication preferences, set expectations
for review periods, and determine a schedule for
recurring project management meetings. Following the
kickoff meeting, Toole Design will finalize the scope of work, schedule, and budget. Toole Design will also set
up an online, shared drive to ensure to ensure efficient collaboration throughout the project.
TASK 1.2: PROJECT MANAGEMENT MEETINGS
Toole Design's Project Manager, Mia Candy, will
schedule and facilitate monthly meetings with City
staff to review ongoing work and discuss upcoming
tasks. Project management meetings are critical to
ensure our team is on budget, on schedule, and is
delivering high-quality work that meets the City’s
expectations. Mia is a collaborative, flexible Project
Manager who believes in communicating early and
often—she will be available as needed by phone and
email throughout the lifetime of the project.
TASK 1 DELIVERABLES:
Kickoff meeting agenda and summary notes
Shared project drive
Final scope, schedule, and budget
Monthly project management meetings
TASK 2: BRANDING
Compelling and consistent visual communication is an
essential element of any successful safety education
program or campaign. We will develop a captivating
brand for the City’s Vision Zero effort, including a
unique logo, title, tagline, color palette, and a set of graphic templates.
TASK 2.1: DEFINE THE MESSAGE AND TONE
Toole Design develops cohesive, compelling behavior
change campaigns throughout the country. We have
found people shift their behavior and commit to safety
when the campaign:
Is rooted in real-world safety data and trends,
Speaks to community values and priorities, and
Is customized for different demographic groups or
user types.
We will launch Task 2 with a presentation to City staff of best practices and success stories from similarly
diverse communities. City staff will review the suite
of examples and select campaign elements that will
resonate with Daly City residents. For example, some
communities respond well to data and statistics, while
other are moved to action through their commitment to
family and community.
Toole Design will review the Vision Zero Action Plan
closely to pull out key safety data and statistics that will inform the campaign messages.
We will work with City staff to develop messaging that
will effectively reach appropriate target audiences in
Daly City every day. Target groups may include:
VISION ZERO COMMUNITY OUTREACH PROGRAM
31 Residents who drive, bicycle, walk, and take
transit in Daly City
Visitors that drive to, and through, Daly City to
reach retail and services
Parents, youth, and/or seniors
People who’s primary language is Tagalog,
Chinese, or Spanish
Messages will be woven into a logical storyline, so
the campaign remains new and interesting over the
course of its life. Toole Design will develop a memo that summarizes the key messages and data to review with
Daly City staff to confirm accuracy and relevance.
TASK 2.2: COMMUNITY AND
STAKEHOLDER INTERVIEWS
Once the City has narrowed down the list of preferred
campaigns, Toole Design proposes that we hold one
focus group or up to four one-on-one interviews
with local community leaders. During this task,
we will present the draft messaging and example
branding to representatives from key communities
in Daly City to understand whether they will resonate
with community members. We will discuss key
community values that can be integrated into Vision
Zero messaging. For example, in some communities,
respect for elders is a top community value. In this
case, safety messaging can be tailored to focus on
safety and comfort for older adults.
TASK 2.3: DEVELOP BRANDING
Toole Design will integrate City feedback and
community input into a final set of Vision Zero
messages. We will craft a branding toolkit that
communicates these messages visually. The toolkit
will include a campaign name, logo, tagline, and visual palette (colors, iconography, infographics, and/or
photographs). The Toole Design Team will work with
the City’s in-house translators to provide all branding materials in English, Tagalog, Chinese, and Spanish.
The branding toolkit will serve as the foundation for
this engagement effort, as well as designed for long-
term City use. Toole Design will provide the City with
all native graphic files so they can be customized,
refined, and updated for years to come.
TASK 2 DELIVERABLES:
Best practices presentation
Draft and final messaging memorandum
One (1) focus group or up to four (4) interviews
with community leaders
Draft and final campaign name, logo, tagline, and
graphics
Up to fifteen (15) graphics for customization
throughout the campaign and intergration with
social media materials
Native graphic design files
TASK 3: OUTREACH STRATEGY
AND IMPLEMENTATION
Toole Design has worked with CIty staff to identify a set of engagement strategies that are contextual, culturally sensitive, and effective. Task 3.1 is dedicated to
finalizing the outreach strategy, and Task 3.2 provides a suite of techniques from which City staff can select.
TASK 3.1: FINALIZE OUTREACH STRATEGY
Once the key message and branding elements are
established, Toole Design will work closely with City
staff to prepare a detailed outreach strategy. We have
worked with City staff to select a set of techniques
that are most likely to result in behavioral change,
within the time and budget constraints. During Task
2.2, we will develop a memorandum outlining the
final outreach strategy, including a detailed budget,
timeline, key events and locations, and contact
information for stakeholders.
As part of the outreach strategy, we will also develop
evaluation metrics for the outreach campaign.
Given the challenges of evaluating behavior change
in response to safety messaging, we will focus on
evaluating and documenting the extent of outreach
conducted, and level of responsiveness received.
We will also evaluate how well the program reaches
vulnerable roadway users such as students, seniors,
and community members that typically do not
participate. Example metrics may include, but are not
limited to:
• Number of webpage visits and level of engagement with social media content • Number of community members spoken to during pop-up events • Number of outreach flyers, posters, signs, fact sheets, or other collateral distributed • Qualitative feedback on campaign content and messaging from key community leaders (for example, teachers) • Number of students served by classroom curricula
TOOLE DESIGN
32 TASK 3.2: C AMPAIGN IMPLEMENTATION
The Toole Design Team will work with City staff
to implement the following Vision Zero campaign
strategies:
Webpage and Social Media
Toole Design recommends the City establish a web
page on the City’s website to host all online and digital campaign resources, as well as the Vision Zero Action
Plan and related documents. Hosting the web page
will give City staff long-term control over the digital elements of the campaign as the campaign evolves.
Toole Design will prepare copy for the web page, as
well as a social media campaign toolkit for Facebook,
Twitter, and Instagram. The toolkit will include copy,
graphics, and a campaign calendar to help City staff run the social media campaign over time.
Safety/Campaign Videos (Up to 3)
Toole Design will create up to three (3) short (30
seconds – 1 minute) Vision Zero safety videos. Our
in-house production team provides different types
of videos and animation, depending on the goals and
audience. We will work with the City to determine the
best use of project resources and finalize the number
and format of videos.
Reaching Drivers
(Yard Signs and Gas Station Toppers)
The "emphasis areas" sited in the Daly City Vision
Zero Action Plan suggest there is a critical need to
affect behavioral change among drivers. Many safety
campaigns focus heavily on vulnerable users—
bicyclists and pedestrians—which ignores drivers
as key decision-makers. As part of a driver-focused
outreach strategy, Toole Design will design a suite
of materials to communicate with drivers while they
are in their cars. Materials will include up to 200 Yard Signs and up to ten (10) gas station toppers. Both will be distributed along the High Injury Network, with
specific locations to be determined in collaboration
with City Staff.
Vision Zero for Youth and Seniors
The Daly City Vision Zero Action Plan shows that 45 of
the 50 schools in Daly City are within a quarter mile of the High Injury Network. While youth under the age of
20 are slightly underrepresented in the crash statistics, there is still work to be done to protect Daly City's youth from traffic violence. Toole Design will develop lesson plans and curriculum content for teachers and school
district staff; Vision Zero activity books and worksheets for students; and tip sheets for parents and caregivers.
These efforts will be integrated with the existing San
Mateo County Safe Routes to School Program, for
which Toole Design provides High School curricula and
trainings.
The Daly City Vision Zero Action Plan also found that
seniors are disproportionately affected by crashes. To
address this, Toole Design can create a Vision Zero for Seniors strategy.
Pop-Up Events (up to four)
The City's Vision Zero Action Plan found that over
half of all crashes in Daly City involve bicyclists and pedestrians. Pop-up events can be a highly effective
technique to reach people who walk and bike.
Across the country, Vision Zero experts are bringing
campaigns and messaging to residents in the places
where they spend the most time—at the park, at the
grocery store, at libraries and community centers,
and at transit stops. Pop-up events are a short-term
strategy that can quickly and effectively get campaign
materials into the hands of residents and visitors.
Toole Design will plan and execute up to four (4)
pop-up events at key community spaces in Daly City.
We will develop a toolkit of materials, activities, and resources that City staff can use to continue the Vision Zero campaign and recreate pop-ups, long after the
project is over.
TASK 3 DELIVERABLES:
D raft and final outreach strategy, including key
contacts, public/ community spaces, event dates,
and a detailed outreach strategt
D
raft and final webpage content
D
raft and final social media content (for up to four
social media platforms)
D
raft and final safety videos (up to three)
D
raft and final yard signs (up to 200)*
Draft and final gas station toppers (up to 10) and
coordination with advertising company
*
City staff may b e required to lead the distribution and collection of yard signs
VISION ZERO COMMUNITY OUTREACH PROGRAM
33 MANAGEMENT AND COORDINATION
Our Project Manager, Mia Candy, is experienced
in planning, design, public health, and community
engagement. Mia has a thorough grasp of the technical,
interpersonal, and administrative needs of every
phase of the project. She will be the primary point
of contact for all task orders and will be responsible
for the quality of every deliverable. She will keep
close tabs on the project budget and schedule. Mia’s
project management style is defined by open, honest
communication; thoughtful client services; and long-
term relationship building. Her goal is to provide every client with a supportive, innovative team that delivers exceptional work products on time, and within budget.
At Toole Design, we strive to make each project a fun,
collaborative experience for our client and internal
team. Like all Project Managers at Toole Design, Mia
employs several management techniques to effectively
track projects and maintain progress. She will conduct
a regular weekly review of project schedules and costs
and will make adjustments accordingly.
Sara Schooley, our proposed Campaign Lead, will
be the point of contact should Mia not be available.
Jessica Fields is Toole Design's Principal-in-Charge for this project, and she is available to address high-level issues and to assist Mia and Sara.
Mia will implement a comprehensive project
management approach through use of the following:
Work plan and project kickoff meeting
Ongoing client check-in calls
Monthly progress reports
Quality assurance and quality control
These tools, along with typical project correspondence, will ensure the work tasks, schedule, and budget are
reviewed and fully communicated throughout the project.
BUDGET MANAGEMENT
Toole Design uses Deltek’s Ajera Complete, a fully
integrated project management and accounting
software that follows generally accepted FAR
accounting principles. This software system is used
by all employees and provides instant access to
project financial information about direct and indirect expenditures, charges to a given project, status of
invoicing and payments, and other critical project data.
EQUIPMENT AND TOOLS
As a full-service planning and engineering firm,
Toole Design maintains an array of communication
techniques to facilitate project management and data
transfers. We have high quality computer hardware,
including super work stations, DVD writers, GPS-
enabled digital still and video cameras, scanners,
high speed color plotters, laser printers, and laptop
computers. We have a centralized email system with
high-speed internet access and regularly use video
conferencing to facilitate interoffice communications,
and we maintain a secure FTP site that facilitates
rapid data transfers between our offices and clients.
We maintain a myriad of survey, design, and analysis
tools and software to promote efficient work and
meet the needs of our clients including: AutoCAD Civil
3D, MicroStation, GeoPak, AutoTurn, Guidsign, ArcGIS
Desktop, Adobe Creative Cloud, Microsoft Office
products, among others.
VISION ZERO COMMUNITY OUTREACH PROGRAM
3 PROJECT FEE
HOURLY RATE HOURS FEE
TASK 1: PROJECT MANAGEMENT AND ADMINISTRATION
Task 1.1: Kickoff Meeting 16 $2,344
Task 1.2: Project Management Meetings (10) 44 $6,372
Task 1 Total 60 $8,716
TASK 2: BRANDING
Task 2.1: Define the Message and Tone 43 $4,929
Task 2.2: Community and Stakeholder Interviews 62 $7,446 Task 2.3: Develop Branding 124 $12,730
Task 2 Total 229 $25,105
TASK 3: OUTREACH STRATEGY AND IMPLEMENTATION
Task 3.1: Finalize Outreach Strategy 24 $3,104
Task 3.2: Campaign Implementation
Online and Digital Outreach (Webpage, Social Media, and Videos) 220 $24,270 In-Person Outreach (Pop-Ups and School Engagement) 208 $22,804 Hard Copy Outreach Materials (Yard Signs and Gas Station Ads) 100 $10,968 Task 3 Total 552 $61,146
Total Labor $94,967
Total Direct Costs (printing/fabrication for outreach materials) $5,033 TOTAL FEE $100,000
TOOLE DESIGN
2 HOURLY BILLING RATES
CLASSIFICATION RATES
Principal-in-Charge $304
Quality Assurance/Quality Control $248
Engineering Lead II $274
Engineering Lead I $240
Senior Engineer $208
Project Engineer $179
Engineer II $152
Engineer $132
Planning Lead II $272
Planning Lead I $234
Senior Planner $194
Project Planner $167
Planner II $138
Planner $109
Landscape Architect Lead $231
Senior Landscape Architect $221
Landscape Architect $163
Senior Urban Designer $234
Designer $107
Designer II $120
GIS Specialist $119
GIS Analyst $147
Graphic Designer $112
Administration $91
Senior Land Surveyor $217
Project Land Surveyor $178
NOTES:
Rates based on anticipated period of performance: March 2022 to December 2022 Escalation occurs annually, February and July, dependent on staff’s hire date Additional staff may be added during the term of the contract Staff may change classification and rate during the term of the contract Task cost may vary up to 10% without need for realignment, contract total will only be adjusted by amendment
City Council Agenda ReportItem # _____
Risel
Meeting Date: April 25, 2022
Subject: Amend Traffic Regulations to: (1) Install a 15 ft. No Parking (red) zone at the southwest corner of South Hill Boulevard and Bellevue Avenue (TSR 22/33); and (2) Install 57 ft. No Parking (red) zones at the northeast and northwest corners of the driveway on Southgate Avenue to Fernando Rivera Intermediate and Thomas Edison Elementary Schools (TSR 22/36).
Recommended Action
Recommend the City Council amend the City’s traffic regulations as follows:
1. Install a 15 ft. red zone at the southwest corner of South Hill Boulevard and Bellevue Avenue along the south side of South Hill Boulevard, just west of Bellevue Avenue (TSR 22/33); and
2. Install 57 ft. red zones at the northeast and northwest corners of the driveway on Southgate Avenue to Fernando Rivera Intermediate and Thomas Edison Elementary Schools, along the north side of Southgate Avenue (TSR 22/36).
Background
On February 10, 2022 and March 10, 2022, the City’s Traffic Safety Committee met and reviewed various requests for traffic improvements, signage and pavement markings, and recommended that the City Manager proceed with amending the aforementioned traffic regulations.
Discussion
The amendment to the traffic regulations are recommended for the following reasons:
1. The 15 ft. No Parking (red) zone is needed to allow city staff to access a critical zone water valve that is manually operated several times a week.
2. Staff received requests from the principal and parents to install red zones at the northeast and northwest corners of the driveway on Southgate Avenue to Fernando Rivera Intermediate and Thomas Edison Elementary Schools. The red zones are needed to improve the visibility of pedestrians crossing the driveway and sight distance for vehicles exiting the schools’ driveway.
Fiscal Impact
Funding is available for the proposed signs and/or markings in the Street Maintenance operating budget 17-314-330 for the current Fiscal Year 2021-2022.
Amend Traffic Regulations
Meeting Date: April 25, 2022
Summary/Conclusion
Recommend the City Council amend the aforementioned traffic regulations.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Shirley Chan Richard Chiu, Jr.,
Traffic Engineer Director of Public Works
Attachment: Traffic Improvements Location Maps
THE CITY OF DALY CITY
TSR 22-33
THE CITY OF DALY CITY
TSR 22/36
City Council Agenda ReportItem # _____
Meeting Date: April 25, 2022
Subject: Authorize the City Manager to Execute an Amendment to the Professional Services Agreement for the Mussel Rock 2019 Gabion Wall and Stormwater Maintenance Project
Recommended Action
Staff recommends that the City Council authorize the City Manager to execute Amendment #1 to the agreement for professional services with 4Leaf, Inc. of Pleasanton, California, to perform additional construction management and support services in the amount of $90,967.00, for a total contract amount of $165,837.00.
Background
On April 26, 2021, City Council awarded a contract to Brannon Corporation for construction of the Mussel Rock 2019 Gabion Wall and Stormwater Maintenance project.
On June 28, 2021, City Council awarded a contract to Anchor Engineering, Inc. for the construction management and support services for the Mussel Rock 2019 Gabion Wall and Stormwater Maintenance project. On March 22, 2022, an agreement was executed with 4Leaf, Inc., to replace Anchor Engineering, Inc. for the project moving forward.
Discussion
Due to the unique geologic and seismic conditions on the site, its vicinity to the Pacific Ocean, regulatory requirements, and the complex nature of the landfill itself, the project has encountered various unforeseen conditions. Adverse weather conditions between October and December significantly delayed construction activities, and adverse weather in March and April caused further delays. This, coupled with further complications on the site related to wet soil conditions and urgent work on the Upper Disposal Area have further extended the construction period past its originally estimated completion date of January 2022. Construction activities are currently anticipated to conclude by summer of 2022.
The current professional services agreement contract amount with 4Leaf, Inc. is $74,870.00. Under the proposed Amendment #1, 4Leaf will provide the additional services required to support the project in an amount not to exceed $90,967.00, for a total contract amount of $165,837.00.
Fiscal Impact
Amendment #1 would increase the contract by an amount not to exceed $90,967.00, for a proposed total contract amount of $165,837.00. Sufficient funds are available in General Capital Project Fund – Mussel Rock Seawall project account 31-310-547.
Authorize the City Manager to Execute an Amendment to the Professional Services Agreement for the Mussel Rock 2019 Gabion Wall and Stormwater Maintenance Project Meeting Date: April 25, 2022
Summary/Conclusion
Staff recommends that the City Council authorize the City Manager to execute Amendment #1 to the agreement for professional services with 4Leaf, Inc. of Pleasanton, California, to perform additional construction management and support services in the amount of $90,967.00, for a total contract amount of $165,837.00.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Kevin Fehr Richard Chiu, Jr.
City Engineer Director of Public Works
Attachment:
1. Mussel Rock Landfill Professional Services Agreement Amendment #1
Agreement Amendment No. 1 Page 1
Professional Services for the Mussel Rock 2019 Gabion Wall and Stormwater Maintenance Project
AGREEMENT AMENDMENT NO. 1 Pages 1-3
DATE: A p r i l 1 4 , 2 0 2 2
OWNER: C i t y o f D a l y C i t y
K e v i n F e h r , C i t y E n g i n e e r
333 – 90
th Street, Daly City, CA 94015
( 650) 991-8064
I. DESCRIPTION OF AGREEMENT AMENDMENT
A. Consultant shall perform additio nal work on the existing con tract in accordance with the Budget Ame ndment Request to Continue Providing Part-Time Construction Management and Full-Time Inspection Services for the City of Daly City’s Mussel Rock Gab ion Wall and Stormwater Maintenance Project, dated April 4, 2022 (Attachment 1), for an additional cost not to exceed $90,967.00.
$90,967.00
Total $90,967.00
SUMMARY OF FUNDS TO BE CHARGED: 31-310-547-4536 $90, 967.00
Attachments:
1. Budget Amendment Request to Continue Providing Part-Time Construction Management and Full-Time Inspection Services for the City of Daly City’s Mussel Rock Gabion Wall and Stormwater Maintenance Project, dated April 4, 2022
CITY OF DALY CITY
MUSSEL ROCK LANDFILL
PROFESSIONAL SERVICES AGREEMENT
Mussel Rock 2019 Gabion Wall and Stormwater Maintenance Project
Agreement Amendment No. 1 Page 2
Professional Services for the Mussel Rock 2019 Gabion Wall and Stormwater Maintenance Project
II. CONDITIONS OF AGREEMENT AMENDMENT
It is understood and agreed that this Agreement Amendment is p ursuant to and in accordance with all relevant provisions, conditions and requirements contained in the fully executed agreement March 22, 2022.
The Consultant is responsible f or reaching settlements with al l subconsultants, suppliers, and vendors whose work, materials or services were associated w ith this Agreement Amendment, including all claims arising out of this Agreement Amendment and holds the City of Daly City harmless from a ny and all claims and defense costs relating to such entities.
III. ADDITIONAL CONDITIONS OF AGREEMENT AMENDMENT
None
IV. COST ANALYSIS
Original Agreement Total: $ 74,870.00
Agreement Amendment No. 1: $ 90,967.00
Revised Current Agreement Total: $165,837.00
All Agreement Amendments as
Percentage of Original Agreement Total: 122%
Agreement Amendment No. 1 Page 3
Professional Services for the Mussel Rock 2019 Gabion Wall and Stormwater Maintenance Project ACCEPTED:
CONSULTANT:
4Leaf, Inc.
BY: _____________________________
G
e n e B a r r y
Vice President
DATE:_______________________
ACCEPTED:
OWNER:
City of Daly City
BY: _____________________________
K
e v i n F e h r
City Engineer
DATE: __________________________
BY:
_____________________________
Richard Chiu, Jr.
Director of Public Works
DATE: __________________________
BY: _____________________________
Shawnna Maltbie
City Manager
DATE: __________________________
Engineering Construction Management Inspection Plan Check
2126 Rheem Drive Pleasanton, CA 94588 Phone (925) 462-5959 8896 North Winding Way Fair Oaks, CA 95629 Phone (916) 965-0010 City of Daly City April 04, 2022
Kevin Fehr, P.E.
City Engineer
333 90th Street
Daly City, CA 94015
Submitted via E‐mail as Acrobat PDF Document to [email protected]
Subject: Budget Amendment Request to Continue Providing Part‐Time Construction Management and Full‐Time Inspection Services for the City of Daly’s City Mussel Rock Gabion Wall and Stormwater Maintenance Project.
Dear Mr. Fehr,
4LEAF, Inc. (4LEAF) is submitting this Budget Amendment request to continue providing part‐time Construction Management (CM)
and Full‐Time Inspection Services for the on‐going City of Daly City’s (City) Mussel Rock Gabion Wall and Stormwater Maintenance Project (“Project”). We estimate that the existing, initial budget of $74,870 that was authorized under Professional Services Agreement (PSA) dated March 22, 2022 will be expended by May 2, 2022 and additional budget will be necessary through the Project’s completion which is estimated to be near the end of June 2022.
Per our discussions, this Budget Amendment request was developed on the assumption of a project completion date of Friday, July 1, 2022. We are requesting a budget amendment in the amount of Ninety Thousand, Nine Hundred Sixty‐Seven Dollars ($90,967). Attachment A provides our detailed cost estimate and assumptions for the following scope of services under this budget amendment request.
Task 1: Continue performing Part‐time Construction Management and Full‐time Construction Inspection Services.
Task 2: Project Closeout.
4LEAF appreciates the opportunity to provide this Budget Amendment request to the City. If you have any questions, please do not hesitate to contact me by phone at (925) 462‐5959 or by email at [email protected].
Respectfully submitted,
4LEAF, Inc.
Gene Barry, P.E.
Vice President
Attachment A: Detailed Cost Estimate.
Attachment A
Cost Estimate to Continue Providing Construction Management and Construction Inspection Services for the City of Daly City Mussel Rock Gabion Wall and Stormwater Maintenance Project April 4, 2022
Task
Sub
Task Task Description
Principal‐In‐Charge
(4LEAF)
Construction Manager
(4LEAF)
Construction Inspector
(4LEAF)
Construction Manager /
Inspector
(4LEAF) ‐ OT
Public Works Inspector
Apprentice
Total Hours Per Task
Cost Per Task
Notes
Hourly Rate $191 $161 $151 $204 $95 See Notes (a) through (f) 1 Construction Management and Construction Inspections Hours Hours Hours Hours Hours
1.1 Perform Construction Management and Inspections. 0 131 252 0 383 $59,143 See Note (g).
1.2 Project Management. 16 0 0 0 16 $3,056
1.3 Special Inspections and Materials Testing (BAGG or CTS). $5,000 See Note (h).
1.4 Administrative Processing Fee on Subconsultants and Outside Services (10%). $500
Task 1 Subtotal: 16 131 252 0 399 $67,699
2 Project Closeout Hours Hours Hours Hours Hours
2.1 Final Inspections and Provide Red‐Lined Set of Drawings to Client. 0 0 80 0 80 $12,080 See Note (i).
2.2 Construction Management ‐ Project Closeout. 0 60 0 0 60 $9,660 See Note (i).
2.3 Project Management. 8000 8 $1,528
Task 2 Subtotal: 8 60 80 0 148 $23,268
Subtotal (4LEAF + BAGG / CTS): 24 191 332 0 547 $90,967 3 Public Works Inspection Apprenticeship (if Required) Hours Hours Hours Hours Hours Hours
3.1 Provide Public Works Inspection Apprentice 00000 0 $ 0 S e e Notes (a) and (b).
Task 4 Subtotal (Apprentice Only) 00000 0 $0
TOTAL (4LEAF + Apprentice if required) 24 191 332 0 0 547 $90,967 Notes:
(i) Assumes project closeout activities will be performed between June 20 and July 1, 2022. (d) Does not include scope for performing Labor Compliance Monitoring services or verification that the contractor and subcontractors are uploading payroll information to DIR's website. Assumes these tasks will be performed by City staff.
(a) Assumes project will require compliance with California Prevailing Wage rate requirements under SB 854, and the City will be required to file a PWC‐100 Form to the California Department of Industrial Relations for the project. (h) For Budgetary Purposes Only. We have included a nomininal budget amount for the existing Materials Testing company, BAGG, or 4LEAF's subconsultant Construction Testing Services (CTS) to be available to perform limited Quality Assurance (QA) materials testing (e.g. soils compaction testing) if requested by the City. (b) Per the new requirements being enforced under SB 854 and because it is assumed that a PWC‐100 Form has been filed by the City to the CA DIR, 4LEAF is required to notify an authorized Apprenticeship Committee through submittal of a DAS‐140 form. Assumes that a public works apprentice inspector will not be dispatched by the apprenticeship committee. (c) 4LEAF staff will be supplied with typical tools of the trade to perform their daily tasks (e.g. cell phone, laptop computer, and PPE). It is not known if there is an existing contractor construction trailer for the Project. (g) It is estimated that the current budget for the Professional Services Agreement in the amount of $74,870 and dated March 22, 2022 will be expended by the first part of the week of May 2nd and additional budget will be required to continue performing CM and Inspection services for the Project. Based on conversations with the City's Engineer, Kevin Fehr, this budget amendment was prepared assuming the Project completion of July 1, 2022. This estimate assumes one, part‐time Construction Manager (approximately 20 hours per week) and one, full‐time Construction Inspector through June 17, 2022; followed by project closeout under Task 2. Does not include any hours for overtime or any weekend, holiday, or nighttime work.
(e) Assumes project will continue to use Procore under Anchor CM's existing seat license as the web‐based document control system. (f) Assumes the City / Design Team, Tetra Tech, will continue reviewing and approving submittals and RFIs and providing design clarifications or changes as the Project's Designer of Record. 1 of 1
City Council Agenda ReportItem # _____
Meeting Date: April 25, 2022
Subject: Amendment to the Professional Services Agreement with Tetra Tech, Inc. for Mussel Rock Waste Boundary Investigation for the Mussel Rock Upper Disposal Area
Recommended Action
Staff recommends the City Council:
1. Appropriate $133,759.90 of the Mussel Rock Landfill Maintenance Fees; and
2. Approve and authorize the City Manager to execute an amendment to the professional services agreement with Tetra Tech, inc. of Oakland, California, to provide additional Mussel Rock Waste Boundary Investigation services for the Mussel Rock Upper Disposal Area in the amount of $123,759.90, for a total contract amount of $198,759.90.
Background
The Mussel Rock Landfill is a closed landfill in Daly City located adjacent to the Pacific Ocean near Westline Drive. It contains over a million cubic yards of waste and is subject to continuous land movement and erosion. The site contains two, large landfill areas, more formally known as the Lower Disposal Area (LDA) within the middle and southern areas of the site, and the Upper Disposal Area (UDA) located in the northern portion of the site.
In mid-January 2022, City staff observed that material from the highest point of the bluffs that approached the UDA had slid down the embankment and exposed solid waste contents near the approximate limits of the UDA. A portion of solid waste materials have collapsed and have fallen down the embankment. The cause, extent of, and any point of origin of the most recent land movement are unknown at this time. During a site visit on January 24, 2022, City staff found that landslide material on the slopes far below the UDA have generally reached the beach level. Since these two recent discoveries of materials at the beach level and of the exposed solid waste near the top of the bluff, city staff have provided verbal and written notification to staff at the Regional Water Quality Control Board, San Mateo County Environmental Health Services, and the California Coastal Commission.
On March 15, 2022, an agreement was executed with Tetra Tech to provide services for the Mussel Rock Upper Disposal Area project site in an amount not to exceed $75,000.00. The work includes an Observation Memo which summarizes responses to the landslide, remediation measures of the exposed waste on the bluff, a current aerial survey of the Mussel Rock project site, and additional as needed services associated with the project site in response to the aforementioned observations.
Discussion
Due to the exposed waste on the North Bluff area, additional investigation into the limits of the upper landfill is needed. This additional work will accurately define the limits of the existing upper landfill. The proposed $123,759.90 amendment includes budget for a waste boundary investigation
Amendment to the Professional Services Agreement with Tetra Tech, Inc. for Mussel Rock Waste Boundary Investigation for the Mussel Rock Upper Disposal Area
Meeting Date: April 25, 2022
including site borings and general surveying. If approved, the existing contract of $75,000 would increase to a total contract amount of $198,759.90. Additional studies will also be required on the adjacent landslide in this area. City Staff have already initiated a geotechnical study that will study the landslide in conjunction with the proposed work. Each of these studies are intended to provide a base level of information about the Upper Disposal Area in order to evaluate future courses of action to mitigate any concerns that have or may arise in this area.
Fiscal Impact
The total estimated cost for the amended agreement with Tetra Tech, Inc. provides for a total not- to-exceed amount of $198,759.90. An additional $10,000 is needed for staff time for a total cost of $208,759.90.
An additional appropriation of $133,759.90 is needed in the Fiscal Year 2021-22 General Fund CIP - Mussel Rock Maintenance and Monitoring project account 31-310-550.
If approved, this action will appropriate $133,759.90 to fully fund the amendment and staff time.
There are sufficient funds in the Mussel Rock Landfill Maintenance Fees for this action.
Summary/Conclusion
Staff recommends the City Council:
1. Appropriate $133,759.90 of the Mussel Rock Landfill Maintenance Fees; and
2. Approve and authorize the City Manager to execute an amendment to the professional services agreement with Tetra Tech, inc. of Oakland, California, to provide additional Mussel Rock Waste Boundary Investigation services for the Mussel Rock Upper Disposal Area in the amount of $123,759.90, for a total contract amount of $198,759.90.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Michael Burnfield Richard Chiu Jr.
Engineer 1 Director of Public Works
Attachment:
1. Tetra Tech Inc. Agreement Amendment
Agreement Amendment No. 1 Page 1
Mussel Rock Landfill – Professional Services for North Bluff Services
AGREEMENT AMENDMENT NO. 1 Pages 1-3
DATE: March 24, 2022
OWNER: City of Daly City
Kevin Fehr, City Engineer
333 – 90
th Street, Daly City, CA 94015
(650) 991-8163
I. DESCRIPTION OF AGREEMENT AMENDMENT
A. Consultant shall perform additional work on the existing contract in accordance with the Proposal and Cost Estimate – Waste Boundary Investigation, Upper Disposal Area Mussel Rock Landfill, dated March 24, 2022 (Attachment 1), for an additional cost not to exceed $123,759.90.
$123,759.90
TOTAL $123,759.90
SUMMARY OF FUNDS TO BE CHARGED: 31-310-550-4536 $123,759.90
CITY OF DALY CITY
MUSSEL ROCK LANDFILL
PROFESSIONAL SERVICES AGREEMENT TO
Mussel Rock North Bluff Services
Agreement Amendment No. 1 Page 2
Mussel Rock Landfill – Professional Services for North Bluff Services
II. CONDITIONS OF AGREEMENT AMENDMENT
It is understood and agreed that this Agreement Am endment is pursuant to and in accordance with all relevant provisions, conditions and requirements contained in the fully executed agreement March 15, 2022.
The Consultant is responsible for reaching settlem ents with all subconsultants, suppliers, and vendors whose work, materials or services were associated with this Agreement Amendment, including all claims arising out of this Agreement Amendment and holds the City of Daly City harmless from any and all claims and defense costs relating to such entities.
III. ADDITIONAL CONDITIONS OF AGREEMENT AMENDMENT
Insert if any
IV. COST ANALYSIS
Original Agreement Total: $ 75,000.00
Agreement Amendment No. 1: $ 123,759.90
Revised Current Agreement Total: $ 198,759.90
All Agreement Amendments as
Percentage of Original Agreement Total: 165%
Agreement Amendment No. 1 Page 3
Mussel Rock Landfill – Professional Services for North Bluff Services
ACCEPTED:
CONSULTANT:
Tetra Tech Inc.
BY: _____________________________
Ed Sussenguth
Operations Manager
DATE:_______________________
ACCEPTED:
OWNER:
City of Daly City
BY: _____________________________
Kevin Fehr
City Engineer
DATE:_______________________
BY: _____________________________
Richard Chiu, Jr.
Director of Public Works
DATE: __________________________
BY: _____________________________
Shawna Maltbie
City Manager
DATE: __________________________
Agreement Amendment No. 1 Page 4
Mussel Rock Landfill – Professional Services for North Bluff Services
ATTACHMENT 1
Tetra Tech, Inc.
1999 Harrison Street, Suite 500, Oakland, CA 94612-3599 Tel 510.302.6300 Fax 510.433.0830 www.tetratech.com
March 24, 2022
Mr. Kevin Fehr, P.E.
City Engineer
Daly City - City Hall
333 – 90th Street
Daly City, CA 94015-1895
RE: Proposal and Cost Estimate, Revision 1
Waste Boundary Investigation, Upper Disposal Area
Mussel Rock Landfill, City of Daly City, California
Mr. Fehr:
Tetra Tech appreciates the opportunity to submit this proposal and cost estimate to the City of Daly City (City), Engineering Division, Department of Public Works for the investigation to be performed along the lower waste boundary at the Upper Disposal Area (UDA). The purpose of the investigation is to positively identify the lateral limits of waste placement in the UDA. Currently, the accepted, but unsubstantiated limits of waste are represented on the 2016 topographic map as a blue dashed line around the entire UDA.
Recently, waste from the UDA has been exposed on the upper face of the adjacent canyon wall. The canyon is situated below and west of the UDA. Progressive erosion of the upper cliff face (Merced Formation) has resulted in a loss of material that is undermining the lowest portion of the UDA.
SCOPE OF WORK
The proposed investigation has two components that includes the waste boundary investigation and a determination of the maximum depth of waste in the middle of the UDA. Tetra Tech proposes to initially advance 14 shallow soil borings and 2 deep soil borings as shown on Figure 1 with the representative Northing and Easting coordinates taken from the 2016 aerial topographic map. The 16 boring locations will be surveyed in the field and staked prior to drilling.
Task 1 - Planning, Health and Safety Plan, and Pre-Drilling Survey Tetra Tech will use two subcontractors (drilling and survey). A separate scope of work for each subcontractor will be prepared. Three drilling companies were requested to submit lump sum bids for Tasks 2 and 3. Task 1 includes preparation of as project schedule primarily based on the driller’s availability and coordination with the work that is occurring now at the UDA. Tetra Tech will prepare a site specific health and safety plan (HSP) for drilling through landfill waste. In addition, Tetra Tech will review the driller’s own HSP. Prior to drilling mobilization, Tetra Tech’s surveyor will stake the 16 boring locations in accordance the California State Plane, Zone 3, NAD1983/NAVD1988 and as indicated on Figure 1.
Task 2 - Limits of Waste Boundary Investigation, Post-Drilling Survey The initial baseline boring locations (UDA-B1 through UDA-B14) are spaced approximately 100 feet apart along the UDA boundary as shown on Figure 1. The depth to waste at the UDA boundary is estimated to be 3 to 8 feet below surface grade (bgs). Soil borings will be advanced with an 8-inch diameter auger. If waste is not identified at the initial baseline location within 10 feet bgs, the driller will step inward 5 feet and re-drill.
This will be repeated until the limits of waste are identified. Conversely, if waste is encountered at the initial baseline location, the driller will step outward 5 feet and re-drill. This will be repeated until the limits of waste are identified. The verified waste boundary will be staked and resurveyed (northing, easting, elevation) at the 14 boring locations following completion of the field work.
Soil borings at the documented waste boundary will be advanced an additional 20 feet below the bottom of the waste. Split spoon soil samples will be collected during Standard Penetration Testing (SPT) every 5 feet of depth and blow counts to recorded. The SPT recovers a disturbed soil sample that can be classified on
Mr. Kevin Fehr
March 24, 2022
TETRA TECH
site. The blow count data will provide a determination of the density and strength of the soil, which may likely be important in future evaluations.
Spoils from each boring will be collected and hauled to the Consolidation Cell for on-site disposal. Each bore hole will be grouted with 5% bentonite and Portland cement grout.
Task 3 – Deep Borings
The maximum depth of waste within the UDA will be determined from six deep soil borings to be drilled along a northwest to southeast orientation that approximates the alignment of the UDA canyon. The deep soil borings combined with the boring log from existing monitoring well KMW-3 will be used to estimate UDA waste volume and provide CSA with subsurface data to supplement their evaluation of the north canyon.
Tetra tech will determine the north and easting coordinates for the six deep soil borings.
This revision of the original UDA boundary investigation submitted to the City on February 22, 2022 includes for additional deep interior soil borings recommended by Cotton Shires & Associates (CSA). The number of deep interior soil borings are increased from two to six. The locations of the six deep interior soil borings are shown on the attached plan view of the UDA prepared by CSA (Proposed Boring Layout [Draft]). The three deep borings nearest the silting basin will need to be cleared for access. The three lower (west) borings are located just off the UDA access road. Tetra Tech will determine if clearing is required for access.
The deep soil borings will be advanced to the bottom of waste estimated to be approximately 50 bgs. Once the bottom of waste is achieved and documented, both soil borings will be advanced an additional 20 feet below bottom of waste. Similar to the waste boundary borings, split spoon soil samples will be collected during SPT every 5 feet of depth and blow counts to recorded to determine soil properties below the landfill waste.
Spoils from each boring will be collected and hauled to the Consolidation Cell for on-site disposal. Each bore hole will be grouted with 5% bentonite and Portland cement grout.
Task 4 – Reporting
Based on the documented UDA waste limit boundary verified in the field during the investigation and the post-drilling survey of the 14 documented boring locations, Tetra Tech will prepare a technical memorandum that will describee the investigation purpose, drilling method, scope of work, depth and locations of borings, summary table of waste/soil encountered and SPT data with depth, and waste disposal. A revised UDA boundary in AutoCAD will be prepared that will overlay on the 2016 topographic map and the new 2022 topographic map when available.
KEY PROJECT TEAM
Mike Velzy, PE – Senior Project Manager/Civil Engineer. Mr. Velzy is a California registered Professional Engineer (Civil), and currently manages the biannual Groundwater and Surface Water Monitoring project and has managed regulatory compliance, monitoring, and engineering projects at the MRL for the City since 1998. Mr. Velzy has over 30 years of professional engineering experience, including 15 years working for the City on various MRL projects. He has prepared plans and specifications for similar projects at the site. He will oversee the field investigation project, including drilling, land survey, and reporting.
Victor Early, PG, CEG – Senior Engineering Geologist. Mr. Early is a California registered Professional Geologist and Certified Engineering Geologist with more than 30 years of experience as an Engineering Geologist and a manager in the environmental and geotechnical consulting industry. Mr. Early will manage the auger drilling at the waste boundary and the two deep borings through the center of the landfill to determine depth.
Mr. Kevin Fehr
March 24, 2022
TETRA TECH
Jessica Robinson - Staff Geologist. Ms. Robinson is an environmental geologist with 3 plus years of field experience in wildfire remediation, environmental surveys, risk assessments and environmental drilling. Ms.
Robinson conducts site assessments, environmental sampling, data management, and report preparation.
She will take the California Professional Geology test for registration in March 2022. She has worked with Victor Early on other recent drilling projects.
Dustin Gehrett, CAD Designer. Mr. Gehrett has 14 years of experience as a designer and drafter in the fields of civil, mining, architectural, structural, electrical, process and mechanical design and drafting working in roles of designer, drafter and CAD manager. He has experience designing and drafting various aspects of civil engineering projects ranging from residential subdivisions, commercial land development, waterlines and utilities, and up to large scale earth moving projects such as dams and water diversion channels. Mr. Gehrett will prepare a new CAD layer showing the 2022 documented waste limit boundary.
Subcontractors
Tetra Tech will use Cascade Environmental (Richmond, CA) to drill all borings. Cascade Environmental was the low bid of the drillers that submitted, which included Cascade Environmental, PentaCore, and Gregg. F3 & Associates (F3 [Benicia, CA]) will provide the pre- and post-investigation surveys. F3 has worked with Mike Velzy at Mussel Rock Landfill for nearly 10 years and are familiar with all the necessary off-site control points.
COST ESTIMATE AND SCHEDULE
Schedule
The project schedule is based on a start date from the Notice to Proceed (unknown). The project duration is estimated to be is approximately 10 to 11 weeks.
Tasks Description Est. Duration
(weeks)
1 Planning, Health and Safety Plan, Pre-Drilling Land Survey and Staking
0-3
• Site Clearing Would Be Implemented in the Period (by others) 2, 3 Limits to Waste Boundary Investigation and Deep Borings (includes Post- Drilling Survey)
4-7
4 Reporting 7-10
Total Project Duration 10-11
Cost Estimate
Tetra Tech will charge the City of Daly City $123,759.90 to implement the revised scope of work in accordance with the UDA Waste Boundary Investigation Cost Estimate (Table 1) and the Summary of Project Costs below.
Summary of Project Costs
Tasks Task Description Estimated
Cost
1 Planning, Health & Safety Plan, Pre-Drillling Survey $4,120.48 2 Limits to Waste Boundary Investigation, Post-Drilling Survey $55,762.78 3 Deep Borings $54,112.78
4 Reporting $9,763.88
Total Project Price: $123,759.90
Mr. Kevin Fehr
March 24, 2022
TETRA TECH
GENERAL ASSUMPTIONS
1. No hazardous materials are exposed or uncovered during drilling. If hazardous materials are exposed or uncovered, sampling, analytical testing, and characterization for off-site disposal would be performed on a time and materials basis as a change order condition.
2. Tetra Tech’s Proposed Project Schedule may be modified based on the City’s input.
3. Tetra Tech and its drilling subcontractor will have access to the UDA.
4. Drilling spoils will be hauled to the new Consolidation Cell for disposal. The quantity of waste generated by the UDA investigation is estimated to be 15 to 25 cubic yards.
5. Tetra Tech will use California State Plane, Zone 3, NAD1983/NAVD1988 as the basis of the surveyed locations.
6. The City’s MRL general contractor will clear access for drilling the six deep borings on the UDA and haul/dispose of the green waste along with the drill cuttings (Assumption 4) at the new Consolidation Cell.
LIMITATIONS
Tetra Tech offers a full range of technical services to suit the varying needs of our clients. Although risk can never be eliminated, more detailed and extensive work may yield more information, which may help our clients understand and manage the degree of risk. Since such detailed services involve greater expense, our clients participate in determining the level of service that provides adequate information for their purposes at an acceptable level of risk. Acceptance of this proposal indicates the Client generally accepts the proposed scope of services.
Tetra Tech will not assume responsibility or liability whatsoever for any claim, loss of property value, damage, or injury which results from pre-existing hazardous materials being encountered or present on the project Site, or from the discovery of such hazardous materials as part of the construction effort. Tetra Tech is not responsible for the validity of the data and information provided to Tetra Tech from the Client.
We look forward to the opportunity to work with the City on this project. Please contact Mike Velzy at (510) 874-3138 if you have any questions or comments.
Respectfully submitted,
TETRA TECH, INC.
Michael E. Velzy, P.E. Ed Sussenguth
Senior Project Manager Northwest Operations Manager
cc: Mike Burnfield, PE, City of Daly City
Victor Early, Tetra Tech
Attachments: Site Plan – Boring Locations for Upper Disposal Area Proposed Boring Locations (CSA)
Table 1 – UDA Waste Boundary Investigation Cost Estimate (Revision 1)
LEGEND
PACIFIC OCEAN
LOWER
DISPOSAL
AREA
ESTIMATED EROSION
SINCE 2016
(red dashed line)
1 REFER TO CSA
PROPOSED BORING
LOCATION MAP FOR
REVISED DEEP
BORING LOCATIONS
Approx. Limit ofUpper DisposalArea
Base of CanyonAlignment(CSA interpretation)
NorthNorth
050100200(feet)
195019431965Example Alignmentfor Line of DeepBorings
Possibly ShiftBoring toCanyonAlignment?
COTTON,SHIRES ANDASSOCIATES, INC.CONSULTING ENGINEERS AND GEOLOGISTSDALY CITY, CALIFORNIA-AMAMMarch 20221"=200'FIGURE NO.PROJECT NO.DATESCALEAPPROVED BYGEO/ENG BYPROPOSED BORING LAYOUT 1Mussel Rock Upper Disposal AreaDRAFT
RATE
Staff Category $/hour Hours Amount Hours Amount Hours Amount Hours Amount Hours Amount Mike Velzy Program Manager $245.00 2 $490. 00 6 $1,470.00 6 $1,470.00 8 $1,960.00 22 $5,390.00 Victor Early Project Manager $162.00 2 $324. 00 12 $1,944.00 12 $1,944.00 10 $1,620.00 36 $5,832.00 Jessica Robinson Project Geologist $95.00 12 $1, 140.00 48 $4,560.00 48 $4,56 0.00 32 $3,040.00 140 $13,300.00 Patrick Wooliever Senior Engineer / Review $162.00 $0.00 $0.00 $0.00 4 $648.00 4 $648.00 Rindy Mortensen Sr. Procurement $153.00 2 $306.00 $0.00 $0.00 $0.00 2 $306.00 Dustin Gehrett CAD $116.00 $0.00 $0.00 $0.00 16 $1,856.00 16 $1,856.00 Jan Johan Word Processing $65.00 $0.00 $0.00 $0.00 4 $260.00 4 $260.00 Gloria Driscoll Financial Manager $153.00 1 $153.00 1 $153.00 1 $153.00 1 $153.00 4 $612.00 19 $2,413.00 67 $8,127.00 67 $8,127.00 75 $9,537.00 228 $28,204.00
Rate Qty Amount Qty Amount Qty Amount Qty Amount Qty Amount $2.75 19 $52.25 67 $184.25 67 $184.25 75 $206.25 228 $627.00 $75 $0.00 6 $450.00 6 $450.00 $0.00 12 $900.00
Lodging ($/night) $165 $0.00 4 $660.00 4 $660.00 $0.00 8 $1,320.00 Meals ($/day) $60 $0.00 5 $300.00 5 $300.00 $0.00 10 $600.00 $0.58 $0.00 200 $116.00 200 $116.00 $0.00 400 $232.00
$20 $0.00 1 $20.00 1 $20.00 $0.00 2 $40.00
$200 $0.00 1 $200.00 1 $200.00 $0.00 2 $400.00
$25 $0.00 2 $50.00 2 $50.00 $0.00 4 $100.00
$52.25 $1,980.25 $1, 980.25 $206.25 $4,219.00
10% $5.23 $198.03 $198.03 $20.63 $421.90
$57.48 $2,178.28 $2,178.28 $226.88 $4,640.90
Rate Qty Amount Qty Amount Qty Amount Qty Amount Qty Amount Cascade Environmental $79,650 $0.00 0.5 $39,825.00 0.5 $39,825.00 $0.00 1 $79,650.00 F3 & Associates $1,500 1 $1,50 0.00 1 $1,500.00 $0.00 $0.00 2 $3,000.00 $1,500.00 $41,325.00 $ 39,825.00 $0.00 . $82,650.00
10% $150.00 $4,132.50 $3,982.50 $0.00 $8,265.00
Total Subcontractors $1,650.00 $45,457.50 $43,807.50 $0.00 $90,915.00 TOTAL ESTIMATED PRICE $4,120.48 $55,76 2.78 $54,112.78 $9 ,763.88 $123,759.90 TOTAL
Total Labor
ODC COSTS
TABLE 1
UDA Waste Boundary Investigation Cost Estimate (Revision 1) Mussel Rock Landfill, Daly City, California
TASK 5
Reporting
IN HOUSE ODCs
LABOR
TASK 1
Planning, HSP,
Pre-Drilling Survey
TASK 2
Boundary
Investigation, Post-Drilling
Survey
TASK 4
Deep Borings
SUBCONTRACTORS
Subtotal Subcontractors
Fee on Subcontractors
Total ODCs
Computer Usage ($/hour)
TRAVEL
Incidental Travel (gas, tolls) ($/per day)
Field Equipment - MultiRay 5-Gas Meter+PID ($/week)
Miscellaneous Field Supplies (per day)
Subtotal ODCs
Fee on ODCs
Vehicle Rental ($/per day)
Mileage ($/per mile)
03/24/2022
City Council Meeting Agenda ReportItem # _____
Meeting Date: April 25, 2022
Subject: Reclassification of Network Administrator II to Financial Services Manager Recommended Action:
Reclassify Network Administrator II to Financial Services Manager in Finance and Administrative Services Department.
Background:
Staff in the Finance and Administrative Services Department completed a review of the resource needs of the Department and determined that the Accounting Division required more resources to better comply with audit requirements, ongoing financial compliance with Government Accounting Standards Board (GASB) regulations, and significant other annual reporting. To better align staffing with the identified needs, staff recommends reclassifying a currently vacant, budgeted Network Administrator II position to a Financial Services Manager position within the Department. The reclassified position will be responsible for managing all Citywide audits; GASB compliance; developing the Annual Comprehensive Financial Report, among other required annual reporting; and managing the Accounting Division.
The current Network Administrator II position is set at salary range U087 and budgeted at $143,126 per year. The proposed Financial Services Manager position would be set at salary range U086 and budgeted at $136,046 per year, a slight decrease.
Fiscal Impact:
The Network Administrator II position is currently budgeted in the Information Services Fund (Fund 55). As part of the reclassification, the costs of the position will move from Fund 55 to the General Fund, which currently funds the majority of Finance positions. Fund 55 is funded 75% by the General Fund and 25% by all other funds in the City, which means that approximately $107,345 of the Network Administrator II costs are funded by the General Fund. By reclassifying and moving the position, the full cost of the position will be in the General Fund, an approximate increase of $28,702 to the General Fund.
Recommendation:
Staff recommends reclassifying the Network Administrator II position to a Financial Services Manager position, effective as of April 11, 2022. Staff is available to provide additional information desired by the Mayor or Council Members.
Respectfully submitted,
Tim Nevin
Director, Finance and Administrative Services
City Council Meeting Agenda ReportItem # _____
Meeting Date: April 25, 2022
Subject: Approving the Recovered Organic Waste Product and Recycled-Content Paper Procurement Policy
Recommended Action
Staff recommends that the City Council approve the updated Recovered Organic Waste Product and Recycled-Content Paper Procurement Policy.
Background
On November 8, 2021, the Daly City Council approved the Recovered Organic Waste Product and Recycled-Content Paper Procurement Policy to comply with Senate Bill (SB) 1383. Section 4 of the policy requires that all paper purchases contain 30 percent postconsumer recycled-content and are recyclable. As the City implements these changes in its purchasing practices, staff has noticed a significant increase in costs when switching to recycled-content product equivalents. For example, a ream of colored card stock is $8.47, and a ream of its recycled-content equivalent is $75.45.
The Recovered Organic Waste Product and Recycled-Content Paper Procurement Policy has been updated to address these cost prohibitive recycled-content paper products. All departments and divisions purchasing paper products and printing and writing paper, as well as vendors providing paper products and printing and writing papers, shall select the recycled-content equivalent whenever the total cost is the same or a lesser total cost than non-recycled items or whenever the total cost is no more than 3 percent (3%) of the total cost for the non-recycled items.
Fiscal Impact
Any increases associated with switching to recycled-content product equivalents is expected to be absorbed by current department budgets for FY 2021-22.
Summary/Conclusion
Staff recommends that the City Council adopt a resolution approving the updated Recovered Organic Waste Product and Recycled-Content Paper Procurement Policy.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Leilani Ramos Stephen Stolte
Assistant to the City Manager Assistant City Manager Attachments: Draft City of Daly City Recovered Organic Waste Product and Recycled-Content Paper Procurement Policy
CITY OF DALY CITY
RECOVERED ORGANIC WASTE
PRODUCT AND RECYCLED-CONTENT PAPER
PROCUREMENT POLICY
TABLE OF CONTENTS
SECTION 1. PURPOSE ..................................................................................................1 SECTION 2. DEFINITIONS.............................................................................................1 SECTION 3. RECOVERED ORGANIC WASTE PRODUCT PROCUREMENT.............5
3.1 Procurement Target.......................................................................................5
3.2 Requirements for Jurisdiction Departments...................................................6
3.3 Requirements for Direct Service Providers..................................................11 SECTION 4. RECYCLED-CONTENT PAPER PROCUREMENT.................................15
4.1 Requirements for Jurisdiction Departments.................................................15
4.2 Requirements for Vendors...........................................................................16 SECTION 5. RECORDKEEPING RESPONSIBILITIES................................................18 SECTION 6. EFFECTIVE DATE OF POLICY...............................................................19
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Organic Waste Product Procurement Policy
RECOVERED ORGANIC WASTE PRODUCT AND
RECYCLED-CONTENT PAPER PROCUREMENT
POLICY
SECTION 1. PURPOSE
A. It is the policy of the City of Daly City, applicable to all departments and divisions, to incorporate environmental considerations including recycled-content and recovered Organic Waste product use into purchasing practices and procurement.
This Recovered Organic Waste Product Procurement Policy (Policy) will help the City to:
1. Protect and conserve natural resources, water, and energy;
2. Minimize the City’s contribution to climate change, pollution, and solid waste disposal; and,
3. Comply with State requirements as contained in 14 CCR Division 7, Chapter 12, Article 12 (SB 1383 procurement regulations) to procure a specified amount of Recovered Organic Waste Products to support Organic Waste disposal reduction targets and markets for products made from recycled and recovered Organic Waste materials, and to purchase Recycled- Content Paper Products and Recycled-Content Printing and Writing Paper.
SECTION 2. DEFINITIONS
A. “Annual Recovered Organic Waste Product Procurement Target” means the amount of Organic Waste in the form of a Recovered Organic Waste Product that the City is required to procure annually under 14 CCR Section 18993.1. This target shall be calculated by multiplying the per capita procurement target, which shall be
0.08 tons of Organic Waste per California resident per year, times the City’s residential population using the most recent annual data reported by the California Department of Finance. Annually, CalRecycle will provide notice to each City of its Annual Recovered Organic Waste Product Procurement Target by posting such information on CalRecycle’s website and providing written notice directly to the City.
B. “Compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4).
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Compost eligible for meeting the Annual Recovered Organic Waste Product Procurement Target must be produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7 or produced at a large volume in-vessel digestion facility that composts on-site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State’s composting operations regulatory requirements.
C. “Direct Service Provider” means a person, company, agency, district, or other entity that provides a service or services to City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17).
D. “Electricity Procured from Biomass Conversion” means electricity generated from biomass facilities that convert recovered Organic Waste, such as wood and prunings from the municipal stream, into electricity. Electricity procured from a biomass conversion facility may only count toward the City’s Annual Recovered Organic Waste Product Procurement Target if the facility receives feedstock directly from certain permitted or authorized compostable material handling operations or facilities, transfer/processing operations or facilities, or landfills, as described in 14 CCR Section 18993.1(i).
E. “Organic Waste” means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, yard trimmings, organic textiles and carpets, lumber, wood, Paper Products, Printing And Writing Paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.
F. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as otherwise defined in 14 CCR Section 18982(a)(51).
G. “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or as otherwise defined in 14 CCR Section 18982(a)(54).
H. “Procurement of Recovered Organic Waste Products” shall mean purchase or acquisition (e.g., free delivery or free distribution from a hauler or other entity via a written agreement or contract), and end use by the City or others. The City’s Annual Recovered Organic Waste Product Procurement Target can be fulfilled directly by the City or by Direct Service Providers through written contracts or agreements for Procurement of Recovered Organic Waste Products at the City’s behest.
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I. “Publicly-Owned Treatment Works” or “POTW” has the same meaning as in Section 403.3(r) of Title 40 of the Code of Federal Regulations. For the purposes of this Policy, the POTW shall be the Department of Water & Wastewater, located at 153 Lake Merced Blvd., Daly City, CA 94015.
J. “Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an in-vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12.
K. “Recordkeeping Designee” means the public employee appointed by the City Manager or their designee to track procurement and maintain records of Recovered Organic Waste Product procurement efforts both by the City and others, if applicable, as required by 14 CCR, Division 7, Chapter 12, Articles 12 and 13.
L. "Recyclability" means that the Paper Products and Printing and Writing Paper offered or sold to the City are eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations Section 260.12 (2013).
M. “Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper” means such products that consist of at least thirty percent (30%), by fiber weight, postconsumer fiber, consistent with the requirements of Sections 22150 to 22154 and Sections 12200 and 12209 of the Public Contract Code, and as amended.
N. “Renewable Gas” means gas derived from Organic Waste that has been diverted from a landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recover Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
O. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as amended, supplemented, superseded, and replaced from time to time.
P. “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this policy, the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in 2020 that created
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Organic Waste Product Procurement Policy
Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.
Q. “SB 1383 Eligible Mulch” means mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7. This SB 1383 Eligible Mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4):
1. Produced at one of the following facilities:
i. A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10);
ii. A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or, iii. A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.
2. Meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Sections 17852(a)(24.5)(A)1 through 3, as enforced by Daly City Municipal Code Chapter 8.80.
R. “State” means the State of California.
SECTION 3. RECOVERED ORGANIC WASTE PRODUCT PROCUREMENT
3.1 Procurement Target
A. City will annually procure for use or giveaway a quantity of Recovered Organic Waste Products that meets or exceeds its Annual Recovered Organic Waste Product Procurement Target through the implementation of Sections 3 through 5 of this Policy.
B. To be eligible to meet the Annual Recovered Organic Waste Product Procurement Target, products that may be procured include the following (provided that each product meets the criteria included in their respective definition in Section 2 of this Policy):
1. SB 1383 Eligible Compost (as defined in Section 2.B).
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Organic Waste Product Procurement Policy
2. SB 1383 Eligible Mulch (as defined in Section 2.R).
3. Renewable Gas (in the form of transportation fuel, electricity, or heat) (as defined in Section 2.O).
4. Electricity Procured from Biomass Conversion (as defined in Section 2.D).
3.2 Requirements for Jurisdiction Departments
A. Compost and SB 1383 Eligible Mulch procurement. Divisions and departments responsible for landscaping maintenance, renovation, or construction shall comply with the following requirements that may be applicable to the work being performed:
1. Use Compost and SB 1383 Eligible Mulch produced from recovered Organic Waste, as defined in Section 2.B and 2.R of this Policy, for landscaping maintenance, renovation, or construction, as practicable, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section
17852(a)(24.5)(A)(1) through (3).
2. When City uses Compost and SB 1383 Eligible Mulch and the applications are subject to the City’s Water Conservation in Landscaping Ordinance (WELO), pursuant to Daly City Municipal Code Section 17.41.010, comply with one of the following, whichever is more stringent, (i) Daly City Municipal Code Section 17341.010 if more stringent than the State’s Model Water Efficient Landscape Ordinance (MWELO), or (ii) Sections 492.6 (a)(3)(B), (C), (D), and (G) of the State’s Model Water Efficient Landscape Ordinance, Title 23, Division 2, Chapter 2.7 of the CCR, as amended September 15, 2015, which requires the submittal of a landscape design plan with a “Soil Preparation, Mulch, and Amendments Section” to include the following:
a. For landscape installations, Compost at a rate of a minimum of 4 cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.
b. Apply a minimum three- (3-) inch layer of mulch on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, leave up to five percent (5%) of the landscape area without mulch. Designated insect habitat must be included in the landscape design plan as such.
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Organic Waste Product Procurement Policy
c. Procure organic mulch materials made from recycled or post- consumer materials rather than inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances.
d. For all mulch that is land applied, procure SB 1383 Eligible Mulch that meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land applications specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
3. Keep records, including invoices or proof of Recovered Organic Waste Product procurement (either through purchase or acquisition), and submit records to the Recordkeeping Designee, on a schedule to be determined by Recordkeeping Designee.
Records shall include:
a. General procurement records, including:
(i) General description of how and where the product was used and applied, if applicable;
(ii) Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were
procured;
(iii) Type of product;
(iv) Quantity of each product; and,
(v) Invoice or other record demonstrating purchase or
procurement.
b. For Compost and SB 1383 Eligible Mulch provided to residents through giveaway events or other types of distribution methods, keep records of the Compost and SB 1383 Eligible Mulch provided to residents. Records shall be maintained and submitted to the Recordkeeping Designee in accordance with the requirements specified in Section 3.2.A.3.
c. For procurement of SB 1383 Eligible Mulch, maintain an updated copy of the ordinance requiring that the mulch procured by the City or Direct Service Provider meets the land application standards specified in 14 CCR Section 18993.1, as it may be amended from
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time to time, as currently reflected in Daly City Municipal Code Chapter 8.80.
4. When Procurement of Recovered Organic Waste Products occurs through a Direct Service Provider, enter into a written contract or agreement or execute a purchase order with enforceable provisions that includes: (i) definitions and specifications for SB 1383 Eligible Mulch, Compost, Renewable Gas, and/or Electricity Procured from Biomass Conversion; and, (ii) an enforcement mechanism (e.g., termination, liquidated damages) in the event the Direct Service Provider is not compliant with the requirements.
B. Renewable Gas procurement (used for fuel for transportation, electricity, or heating applications). For Renewable Gas procurement, City shall:
1. Procure Renewable Gas made from recovered Organic Waste for transportation fuel, electricity, and heating applications to the degree that it is appropriate and available for the City and to help meet the Annual Recovered Organic Waste Product Procurement Target, which requires compliance with criteria specified in 14 CCR Section 18993.1.
2. Keep records in the same manner indicated in Section 3.2.A.3 for the amount of Renewable Gas procured and used by the City, including the general procurement record information specified in Section 3.2.A.3.a, and submit records to the Recordkeeping Designee on a schedule to be determined by Recordkeeping Designee. City shall additionally obtain the documentation and submit records specified in Section 3.2.B.3 below, if applicable.
3. If the City procures Renewable Gas from a POTW,
a. Annually verify that the Renewable Gas from the POTW complies with the requirements specified in 14 CCR Section 18993.1(h), including, but not limited to the exclusion in 14 CCR Section 17896.6(a)(1) and the items listed in this Section 3.2.B.3. b. Annually receive a record from the POTW documenting the tons of Organic Waste received by the POTW from: (i) a compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10), that is permitted or authorized under 14 CCR Division 7; (ii) transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or (iii) a solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27
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Organic Waste Product Procurement Policy
CCR Division 2.
c. Annually receive documentation from the POTW of the percentage of biosolids that the POTW produced and transported to activities that constitute landfill disposal in order to demonstrate that the POTW transported less than twenty-five percent (25%) of the biosolids it produced to activities that constitute landfill disposal. For the purposes of this Policy, landfill disposal is defined pursuant to 14 CCR Section 18983.1(a) and includes final disposition at a landfill; use of material as alternative daily cover or alternative intermediate cover at a landfill, and other dispositions not listed in 14 CCR Section 18983.1(b). Alternative daily cover or alternative intermediate cover are defined in 27 CCR Sections 20690 and 20700, respectively. d. Annually receive documentation that the POTW receives vehicle- transported solid waste that is an anaerobically digestible material for the purpose of anaerobic co-digestion with POTW treatment plant wastewater to demonstrate that the POTW meets the requirement of 14 CCR Section 18993.1(h)(2).
e. City shall submit these records to the Recordkeeping Designee on a schedule to be determined by Recordkeeping Designee.
C. Electricity Procured from Biomass Conversion. For Electricity Procured from Biomass Conversion, City shall:
1. Procure electricity from a biomass conversion facility that receives feedstock from a composting facility, transfer/processing facility, a solid waste landfill, and/or receives feedstock from the generator or employees on behalf of the generator of the Organic Waste and to the degree that it is available and practicable for the City and to help meet the Annual Recovered Organic Waste Product Procurement Target, which requires compliance with criteria specified in 14 CCR Section 18993.1.
2. Maintain records and conduct the following recordkeeping activities:
a. Keep records in the same manner indicated in Section 3.2.A.3 of this Policy for the amount of Electricity Procured from Biomass Conversion facilities, including the general procurement record information specified in Section 3.2.A.3.a.
b. Receive written notification by an authorized representative of the biomass conversion facility certifying that biomass feedstock was received from a permitted solid waste facility identified in 14 CCR Section 18993.1(i).
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Organic Waste Product Procurement Policy
c. Provide these records to the Recordkeeping Designee.
3.3 Requirements for Direct Service Providers
A. Direct Service Providers of landscaping maintenance, renovation, and construction shall:
1. Use Compost and SB 1383 Eligible Mulch, as practicable, produced from recovered Organic Waste, as defined in Section 2.B and 2.R of this Policy, for all landscaping renovations, construction, or maintenance performed for the City, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application shall comply with 14 CCR, Division 7, Chapter 12, Article 12 and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section
17852(a)(24.5)(A)(1) through (3).
2. If Direct Service Provider is subject to the City’s WELO pursuant to Daly City Municipal Code 17.41.010, comply with one of the following, whichever is more stringent: (i) the locally-adopted WELO that is more stringent than the State’s MWELO, or (ii) Sections 492.6 (a)(3)(B), (C), (D), and (G) of the State’s MWELO, Title 23, Division 2, Chapter 2.7 of the CCR, as amended September 15, 2015, which requires the submittal of a landscape design plan with a “Soil Preparation, Mulch, and Amendments Section” to include the following:
a. For landscape installations, Compost at a rate of a minimum of 4 cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.
b. Apply a minimum three- (3-) inch layer of mulch on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, leave up to five percent (5%) of the landscape area without mulch. Designated insect habitat must be included in the landscape design plan as such.
c. Procure organic mulch materials made from recycled or post- consumer materials rather than inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances.
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Organic Waste Product Procurement Policy
d. For all mulch that is land applied, procure SB 1383 Eligible Mulch that meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land applications specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
3. Keep and provide records of Procurement of Recovered Organic Waste Products (either through purchase or acquisition) to Recordkeeping Designee, on a schedule to be determined by Recordkeeping Designee.
Information to be provided shall include:
a. General description of how and where the product was used and if applicable, applied;
b. Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured;
c. Type of product;
d. Quantity of each product; and,
e. Invoice or other record demonstrating purchase or procurement.
B. Direct Service Provider of Organic Waste collection services:
1. May provide Compost or SB 1383 Eligible Mulch to City and its customers via period “giveaways”
2. Shall keep and provide records to the City including the following:
a. Dates provided
b. Source of product including name, physical location and contact information for each entity, operation or facility from whom the Recovered Organic Waste Products were procured;
c. Type of product;
d. Quantity provided; and,
e. Invoice or other record or documentation demonstrating purchase, procurement, or transfer of material to giveaway location.
C. Renewable Gas procurement by Direct Service Providers
3. If Renewable Gas made from recovered Organic Waste is used by Direct Service Providers, Direct Service Providers shall submit information listed
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in Section 3.3.B.2.a-e on a schedule to be determined by City, but not less than annually to the Recordkeeping Designee.
4. Renewable Gas used by Direct Service Providers under Sections 3.3.A and
3.3.B shall comply with criteria specified in 14 CCR Section 18993.1.
SECTION 4. RECYCLED-CONTENT PAPER PROCUREMENT
4.1 Requirements for Jurisdiction Departments
A. If fitness and quality of Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper are equal to that of non-recycled items, all departments and divisions of City shall purchase Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper (rather than non-recycled items) that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, consistent with the requirements of the Public Contract Code, Sections 22150 through 22154 and Sections 12200 and 12209, as amended.
If fitness and quality of Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper are equal to that of non-recycled items, all departments and divisions of Jurisdiction shall purchase Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, whenever the total cost is the same or a lesser total cost than non-recycled items or whenever the total cost is no more than 3 percent (3%) of the total cost for the non-recycled items, consistent with the requirements of the Public Contract Code, Sections 22150 through 22154 and Sections 12200 and 12209, as amended.
B. All Paper Products and Printing and Writing Paper shall be eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).
C. Provide records to the Recordkeeping Designee of all Paper Products and Printing and Writing Paper purchases on a schedule to be determined by Recordkeeping Designee (both recycled-content and non-recycled content, if any is purchased) made by a division or department or employee of the City. Records shall include a copy of the invoice or other documentation of purchase, written certifications as required in Section 4.2.A.3-4 for recycled-content purchases, vendor name, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-Recycled-Content Paper Products and/or non-Recycled-Content Printing and Writing Paper are provided, include a description of why Recycled-Content Paper Products and/or Recycled- Content Printing and Writing Paper were not provided.
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City of Daly City
Organic Waste Product Procurement Policy
4.2 Requirements for Vendors
A. All vendors that provide Paper Products (including janitorial Paper Products) and Printing and Writing Paper to City shall:
1. Provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, if fitness and quality are equal to that of non- recycled item.
Provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, if fitness and quality are equal to that of non- recycled item, and available at equal or less price or available at no more 3 percent (3%) of the total cost for non-recycled Paper Products.
2. Only provide Paper Products and Printing and Writing Papers that meet Federal Trade Commission Recyclability standard as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).
3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
4. Certify in writing, under penalty of perjury, that the Paper Products and Printing and Writing Paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).
5. Provide records to the Recordkeeping Designee of all Paper Products and Printing and Writing Paper purchased from the vendor on a schedule to be determined by Recordkeeping Designee (both recycled-content and non- recycled content, if any is purchased) made by a division or department or employee of the Jurisdiction. Records shall include a copy of the invoice or other documentation of purchase, written certifications as required in Section 4.2.A.3-4 for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-Recycled-Content Paper Products and/or non- Recycled-Content Printing and Writing Paper are provided, include a description of why Recycled-Content Paper Products and/or Recycled- Content Printing and Writing Paper were not provided.
B. All vendors providing printing services to the Jurisdiction via a printing contract or written agreement, shall use Printing and Writing Paper that consists of at least
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City of Daly City
Organic Waste Product Procurement Policy
thirty percent (30%), by fiber weight, postconsumer fiber, or as amended by Public Contract Code Section 12209.
SECTION 5. RECORDKEEPING RESPONSIBILITIES
A. The City Manager’s department will be the responsible department and will select an employee to act as the Recordkeeping Designee that will be responsible for obtaining records pertaining to Procurement of Recovered Organic Waste Products and Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper.
B. The Recordkeeping Designee will do the following to track Procurement of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled-Content Printing and Writing Paper:
1. Collect and collate copies of invoices or receipts (paper or electronic) or other proof of purchase that describe the procurement of Printing and Writing Paper and Paper Products, including the volume and type of all paper purchases; and, copies of certifications and other required verifications from all departments and/or divisions procuring Paper Products and Printing and Writing Paper (whether or not they contain recycled content) and/or from the vendors providing Printing and Writing Paper and Paper Products. These records must be kept as part of City’s documentation of its compliance with 14 CCR Section 18993.3.
2. Collect and collate copies of invoices or receipts or documentation evidencing procurement from all departments and divisions procuring Recovered Organic Waste Products and invoices or similar records from vendors/contractors/others procuring Recovered Organic Waste Products on behalf of the City to develop evidence of Jurisdiction meeting its Annual Recovered Organic Waste Product Procurement Target. These records must be kept as part of the City’s documentation of its compliance with 14 CCR Section 18993.1.
3. Collect, collate, and maintain documentation submitted by the City, Direct Service Providers, and/or vendors, including the information reported to the Recordkeeping Designee in accordance with Sections 3.2.A.3, 3.2.B.2,
3.2.C.2, 3.3.A.3, 3.3.B.2, 3.3.C.3, 4.1.C, and 4.2.A.5.
4. Compile an annual report on the City’s direct procurement, and vendor/other procurement on behalf of the City, of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled-Content Printing and Writing Paper, consistent with the recordkeeping requirements contained in 14 CCR Section 18993.2 for the Annual Recovered Organic Waste Product Procurement Target and 14 CCR Section 18993.4 for
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City of Daly City
Organic Waste Product Procurement Policy
Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper procurement. This report shall be made available to the City’s responsible entity for compiling the annual report to be submitted to CalRecycle (which will include a description of compliance on many other SB 1383 regulatory requirements) pursuant to 14 CCR Division 7, Chapter 12, Article 13. The procurement report shall also be shared with the City Council annually as evidence of implementing this Policy.
SECTION 6. EFFECTIVE DATE OF POLICY
This Policy shall go into effect January 1, 2022.
City Council Meeting Agenda ReportItem # _____
Meeting Date: April 25, 2022
Subject:HOME Investment Partnerships-American Rescue Plan (HOME-ARP) Allocation Plan Recommended Action
Conduct a Public Hearing to obtain citizen comments on the draft HOME-ARP Allocation Plan for Fiscal Year 2021-22
Adopt a resolution to approve the City’s HOME-ARP Allocation Plan for submission to HUD, certifying that the City of Daly City has followed its adopted Community Participation Plan Approve the use of a total of $211,676 in HOME-ARP funds for the purpose of administration and amend the FY22-23 budget to reflect utilization of these funds for staff and other administrative costs incurred in the administration of HOME-ARP funding. Approve a Substantial Amendment to the FY 21-22 HUD Action Plan incorporating the HOME-ARP Allocation Plan
Adopt a resolution authorizing the City Manager or her designee to sign the appropriate forms and certifications as part of the City's submission of the HOME-ARP Allocation Plan to HUD
Background
The American Rescue Plan Act (ARPA) was passed on March 11, 2021, as a response to the COVID-19 pandemic and established a special, one-time allocation of HOME Investment Partnership – American Rescue Plan (HOME-ARP) funds to reduce homelessness and increase housing stability across the country. HUD issued guidance for the utilization of the HOME-ARP funds through CPD-Notice 21-10 on September 13, 2021, to ensure the funds are utilized to benefit qualifying populations and for activities not normally permitted under the HOME program.
As a HOME-participating jurisdiction, the City received a one-time allocation of $1,411,179 in HOME-ARP funds from the U.S. Department of Housing and Urban Development (HUD). In order to receive HOME-ARP funds, participating jurisdictions must develop a HOME-ARP Allocation Plan that is approved by HUD. The Plan is required to include a summary of the consultation, needs assessment, gaps analysis, planned activities, housing production and preservation goals and description of the public participation process utilized in developing the Allocation Plan.
During the months of October 2021 through March 2021 staff carried out the research and consultation process described in CPD Notice 21-10 to determine the best use of HOME-ARP funds in Daly City.
Discussion
HOME-ARP funds must be used to assist individuals/households who are homeless, at risk of
City Council Agenda Report
Subject: HOME-ARP Allocation Plan
Meeting Date: April 25, 2022
homelessness, or other vulnerable populations (e.g., individuals fleeing domestic violence). HOME -ARP funds can be used to provide affordable housing, tenant -based rental assistance, supportive services and non-congregate shelter.
Based on the analysis and consultations carried out pursuant to CDP Notice 21-10, a draft HOME- ARP Allocation Plan has been prepared, which envisions use of $1,199,503 in HOME-ARP funds to support the development of affordable housing. The funding will be used to subsidize the capital costs of developing affordable rental housing for extremely low-income households or those with incomes below 30% AMI and other qualifying populations. The draft Allocation Plan anticipates that at least five (5) units of affordable rental housing will be developed with the HOME-ARP funds and that the City will partner with a developer that will use the HOME-ARP funding to leverage other resources to create additional units.
When a particular site and developer are identified, staff will return to the City Council with a specific HOME-ARP funding proposal.
The draft HOME-ARP Allocation Plan also specifies the use of $211,676 in HOME -ARP funds for the purpose of administration and planning. This is 15 percent of the total allocation and is allowed under CPD Notice 21-10. Of this, $70,558.95 was approved by the City Council for FY 21-22 and has been utilized for the planning activities associated with preparation and approval of the HOME- ARP Allocation Plan.
On March 10, 2022, staff met with the CDBG Advisory Committee comprised of Mayor Rod Daus- Magbual and Councilmember Juslyn Manalo to review the draft HOME-ARP Allocation Plan.
Public Review
The draft HOME-ARP Allocation Plan has been available for public review for 30 days. Notice of tonight’s hearing and the availability of the Plan for review was published in the Examiner and on the City’s website and emailed to interested parties. To date, no comments have been submitted to the City.
Conclusion
Approve the draft HOME-ARP Allocation Plan which describes use of $1,199,503 of the City’s HOME-ARP allocation for the purpose of development of affordable housing for households of extremely low income and a total of $211,676 for associated administration and planning costs.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Betsy ZoBell Tatum Mothershead
Housing and Community Development Supervisor Director, Economic & Community Development
City Council Agenda Report
Subject: HOME-ARP Allocation Plan
Meeting Date: April 25, 2022
Attachments:
Attachment A –HOME-ARP Allocation Plan
asdfa
City Council Meeting Agenda ReportItem #
Meeting Date: April 25, 2022
Subject: City’s HUD Consolidated One-Year Action Plan for Fiscal Year 2022-23 Recommended Action
1 . Conduct a Public Hearing to obtain citizen comments on the draft One-Year U.S. Department of Housing and Urban Development (HUD) Action Plan for Fiscal Year 2022- 23; 2 . Allocate funds for various CDBG and HOME activities for Fiscal Year 2022-23; 3 . Approve the draft One-Year Action Plan document and funding contingencies for submission to HUD when HUD posts the Fiscal year 2022-23 allocations; and 4 . Adopt a resolution authorizing the City Manager or her designee to sign the appropriate forms and certifications as part of the City's submission to HUD of the FY 2022-23 Action Plan.
Background
Beginning on July 1, 1995, the U.S. Department of Housing and Urban Development required that local jurisdictions prepare a Five-Year Consolidated Plan in order to receive Federal funds through the Community Development Block Grant (CDBG), Home Investment Partnership Act (HOME), Emergency Shelter Grant (ESG), and Housing Opportunities for Persons with AIDS (HOPWA) Programs. Daly City has historically participated in HUD’s CDBG and HOME programs. The Five- Year Consolidated Plan provides long-range guidelines with proposed priorities, strategies and potential activities to address the City’s housing and community development needs. For each year during the Five-Year period, the City must also prepare a One-Year Action Plan that describes the specific activities (and associated costs) the City will pursue. Fiscal Year 2022-23 is the fifth and final year of the current Five-Year Consolidated Plan.
Discussion
A. Citizen Participation
HUD requires citizen participation during the development and review of the One-Year Action Plan.
This was accomplished at the December 13, 2021 public hearing on Housing and Community Development Needs and the public noticing of the draft One-Year Action Plan review period. The draft One-Year Action Plan review period was for thirty days, beginning March 24, 2022 through April 25, 2022. The draft was made available on the City’s website and could be emailed or mailed upon request. Public notice on the availability, public hearing and description of the draft One- Year Action Plan was printed in The Examiner, posted on the City's website, and emailed to various community organizations.
City Council Agenda Report
Subject: HUD One-Year Action Plan Fiscal Year 2022-23
Meeting Date: April 25, 2022
B. CDBG Funding
FY22-23 is the final year of the Five Year Consolidated Plan period; the final year is a one-year funding cycle. HUD has not yet provided the CDBG and HOME allocation amounts for FY22-23.
As in years past when HUD is delayed in providing the allocation amounts, staff has provided allocation estimates based on the current year allocation and has provided for funding contingencies for when the estimated allocations are greater or less than the actual allocations. Staff cannot submit the One Year Action Plan until HUD has finalized the FY22-23 CDBG and HOME allocations.
On March 10, 2022, staff met with the CDBG Advisory Committee consisting of Mayor Rod Daus- Magbual and Councilmember Juslyn Manalo. Staff provided funding recommendations and a funding contingency plan. The draft One Year Action Plan estimates that $1,329,447 in CDBG funds would be available for activities in FY22-23. This estimated amount consists of $1,077,165 in projected FY22-23 CDBG Entitlement Grant, plus estimated current year program income of $48,800 and $203,482 in unallocated funds. A summary of the recommended CDBG funding allocations for the One-Year Action Plan is provided in Exhibit A. The funding contingency plan is provided in Exhibit B. The funding recommendations are discussed below for the CDBG funding categories of Administration, Housing, Capital Projects, Economic Development and Public Service.
Administration:
Staff recommends funding at $225,193. This is within the 20% limit for Administration. 1) Program Administration at $210,293. This activity encompasses the general administration and planning activities for all CDBG activities. Expenses under this category include the salaries for all CDBG staff and related overhead expenses (except those directly related to housing rehabilitation). Please note that this is less $15,000 than what was in the draft Action Plan so that the Project Sentinel activity below can be incorporated in the Administration category. 2) Project Sentinel at $15,000 for its fair housing program which includes educating the public and the housing industry that housing discrimination is illegal, informing the community that assistance is available to those encountering discrimination, investigating cases where complaints have been alleged, and maintaining a housing hotline for information and referral. In addition, Project Sentinel provides extensive landlord/tenant information and referral in areas other than fair housing. Project Sentinel is projected to serve at least six Daly City residents with cases involving discrimination in FY22-23. Project Sentinel will also conduct seven fair housing audits in Daly City which helps to identify housing discrimination but will not result in a direct beneficiary. Given HUD requirements regarding Fair Housing and National Objective goals, the draft Action Plan envisions categorizing Project Sentinel’s activities as Administration rather than a Public Service. The organization will use CDBG funds for salaries and administrative expenses.
City Council Agenda Report
Subject: HUD One-Year Action Plan Fiscal Year 2022-23
Meeting Date: April 25, 2022
Housing:
Staff recommends funding at $554,933. The recommended projects are the following:
1) City's Residential Rehabilitation Program at $514,933 - This program provides low-interest rate loans and deferred loans to lower-income residents in Daly City for home repairs that bring properties up to a decent, safe, and sanitary condition. It is estimated that 13 rehab loans and senior minor home repair grants will be made to lower income households in Fiscal Year 2022-
23. Please note that the $15,000 deducted from Program Administration above has been added to this activity, making this activity $15,000 greater than what was in the draft Action Plan. 2) Rebuilding Together/Safe at Home at $20,000 - The Safe at Home program will provide minor home repair services on a year round basis for low-income homeowners, particularly the disabled and elderly. This Rebuilding Together program will provide minor home repairs for at least five Daly City households.
3) Center for Independence of Individuals with Disabilities (CID) at $20,000 - The Housing Accessibility Modification (HAM) Program by CID will eliminate architectural barriers and provide a variety of minor modifications to make homes safer and more accessible for approximately ten Daly City disabled and elderly households in Fiscal Year 2022-23.
Capital Projects:
Staff recommends funding at $423,121.
1) Section 108 Loan Payments for Construction of the Bayshore Community Center at $423,121 - Construction of the Bayshore Community Center was completed in 2006. The Bayshore Community Center includes a multi-purpose room, exercise facility, activity rooms, and a public library in the primarily low-income Bayshore neighborhood. The City utilized a HUD Section 108 Loan to finance $4.5 million of the Center’s $11 million construction costs. The City is using CDBG funds for repayment of the loan. This is the final loan repayment.
Economic Development
Staff recommends funding at $25,000
1) Renaissance Entrepreneurship Center at $25,000. This program provides technical assistance, microenterprise classes and workshops, business consulting, loan packaging, and peer support programs to microenterprises. It is estimated that 30 microenterprises and/or entrepreneurs will be assisted.
Public Service Programs/Projects:
Staff recommends funding at $101,200 which is within the maximum allowed by HUD for Public Services. As a general rule, a minimum grant of $10,000 is recommended. 1) Life Moves/Family Crossroads at $18,000. The program provides temporary shelter as well as case management to arrest the cycle of homelessness by helping homeless families and individuals to obtain stable incomes, jobs, and housing. The program is projected to serve 12
City Council Agenda Report
Subject: HUD One-Year Action Plan Fiscal Year 2022-23
Meeting Date: April 25, 2022
homeless households (or an estimated 40 persons) during Fiscal Year 2022-23. CDBG funding will be used for salary and benefits for staff. Families will be served at Family Crossroads in Daly City.
2) Legal Aid Society of San Mateo County/Homesavers Program at $13,200. The Homesavers Program provides legal services to low income Daly City residents with a focus on tenant/landlord disputes and evictions. This funding will be allocated to staff salary/benefits.
Homesavers will assist approximately 75 Daly City households. 3) Peninsula Family Service/Bayshore Child Care Services at $30,000. The program provides subsidized care to children (ages 3 months through 12 years of age) of lower income families.
The program shall serve approximately 15 Daly City children during Fiscal Year 2022-23. CDBG funding is used for staff salaries.
4) Project Read at $20,000 for its free, library-based literacy program. The program trains community members as tutors who volunteer to teach basic reading and writing skills to English speaking adults over the age of 16 who have very limited or no basic reading and writing skills.
Itis projected that approximately 30 Daly City residents will be assisted in Fiscal Year 2022-23.
Project Read will use CDBG funds for staff salaries and benefits. 5) Meal Delivery program at $20,000. A service provider will be selected to provide meal delivery for homebound seniors and/or persons with disabilities. It is estimated that 20 low income seniors and/or persons with disabilities will be assisted.
C. HOME Funding
As indicated previously, HUD has not yet provided funding allocations for FY22-23. Based on the current allocation, staff estimates the City will receive $389,735 in new HOME funds for FY2022-23.
The HOME funds will be used to help build affordable housing. At least 15% of the funds for housing development must go towards housing sponsored, owned, or developed by a community housing development organization (CHDO). The recommended HOME funding allocations for the One-Year Action Plan is summarized as follows:
1) HOME Administration at $38,974 - Encompasses the general administration and planning for all HOME activities. This amount is 10% of the estimated new HOME grant for Fiscal Year 2022-
23. 2) Affordable Housing Development at $350,761 - This will be used for development and construction costs related to affordable housing. These funds will supplement about $895,000 in prior year HOME funds. Staff continues to work with developers to identify affordable housing developments that can be funded with HOME funds.
City Council Agenda Report
Subject: HUD One-Year Action Plan Fiscal Year 2022-23
Meeting Date: April 25, 2022
These funding recommendations will be adjusted when HUD notifies the City of its FY2022-23 allocation so that the amount allocated to administration is 10% of the grant amount and the balance is allocated to Affordable Housing Development.
Summary/Conclusion
The recommendations for Fiscal Year 2022-23 are eligible uses of CDBG and HOME funds and represent an opportunity for the City to help lower income Daly City families and individuals.
Council approval of the draft Fiscal Year 2022-23 One-Year Action and the funding contingencies will enable staff to formalize CDBG and HOME recommendations and submit the One Year Action Plan when the City receives formal notification of its CDBG and HOME allocations for FY2022-23.
With submission of the Action Plan, the City can proceed with implementation of the housing and community development activities described above.
To date, we have received no written correspondence or verbal comments from the public regarding the recommended allocations or the FY 2022-23 Action Plan.
Staff is available to provide additional information desired by the Mayor or Council Members.
Respectfully submitted,
Lenelle D. Suliguin Tatum Mothershead
Senior Management Analyst Director, Community Development Attachments:
Exhibit A- Proposed FY22-23 CDBG allocations
Exhibit B – Funding Contingencies
Draft Action Plan
City Council Agenda Report
Subject: HUD One-Year Action Plan Fiscal Year 2022-23
Meeting Date: April 25, 2022
EXHIBIT A
PROPOSED FY22-23 CDBG ALLOCATIONS
ACTIVITY FY22-23 Recommendations
Administration
General Administration $210,193
Project Sentinel/Fair Housing $15,000
subtotal $225,193
Capital Projects
Section 108 Loan Payments (P+I) $423,121
subtotal $423,121
Economic Development
Renaissance Entrepreneurship $25,000
subtotal $25,000
Housing
Rebuilding Together/Safe at Home $20,000
CID/Housing Accessibility Modification (HAM)
Program $20,000
Residential Rehab $514,933
subtotal $554,933
Public Services
Life Moves/Family Crossroads $18,000
Legal Aid/Homesavers $13,200
Peninsula Family Service $30,000
Project Read $20,000
*Meal Delivery Program $20,000
Unity Core Group $ -
subtotal $101,200
TOTAL $1,329,447
*Service Provider to be determined.
City Council Agenda Report
Subject: HUD One-Year Action Plan Fiscal Year 2022-23
Meeting Date: April 25, 2022
EXHIBIT B
FUNDING CONTINGENCIES
FY22-23
Recommendation
*General Administration 210,193
Section 108 Loan Payments (P&I) 423,121
*Project Sentinel/Fair Housing 15,000
Residential Rehab 514,933
Peninsula Family Service 30,000
Legal Aid/Homesavers 13,200
LifeMoves/Emergency and Transitional Housing 18,000
Rebuilding Together/Safe at Home 20,000
CID/Housing Accessibility Modification (HAM) Program 20,000 Project Read 20,000
Meal Home Delivery 20,000
Renaissance Entrepreneurship Center 25,000
TOTAL 1,329,447
*Administration activity
If CDBG allocation is less than estimated:
1- GeneralAdministration amount will be reduced so that Administration activities do not exceed 20% admin cap
2- Residential Rehab will be reduced up until it is funded at $460,000. 3- Once Residential Rehab is funded at $460,000, activities below it in table will be funded in descending order.
If CDBG allocation is more than estimated:
1- General Administration amount will be increased so Administration activities is at the 20% admin cap
HUD
CONSOLIDATED
PLAN
City of Daly City
ONE-YEAR ACTION PLAN
Program Year 2022-2023
Department of Economic and Community Development
Housing and Community Development Division
Draft
C
ITY OF DALY CITY
PY
22-23, Year 5
of Five Year HUD Consolidated Plan FY2018-2022
City Council
Dr. Rod Daus-Magbual, Mayor
Raymond Buenaventura, Vice Mayor
Pamela DiGiovanni
Juslyn Manalo
Glenn Sylvester
Responsible Agency: Department of Economic and Community Development T atum Mothershead, Director
Prepared By: Housing and Community Development Division Betsy ZoBell, Housing and Community Development Supervisor Lenelle D. Suliguin, Housing Coordinator
Marina Anaya, Community Development Specialist
Draft
Table of Contents
FY22-23 Annual Action Plan
AP-05 Executive Summary 1
PR-05 Lead & Responsible Agencies 4
AP-10 Consultation 5
AP-12 Participation 14
AP-15 Expected Resources 16
AP-20 Annual Goals and Objectives 20
AP-35 Projects 25 AP-38 Project Summary 27
AP-50 Geographic Distribution 35
AP-55 Affordable Housing 36
AP-60 Public Housing 38
AP-65 Homeless and Other Special Needs Activities 39
AP-75 Barriers to affordable housing 42
AP-85 Other Actions 44
AP-90 Program Specific Requirements 46
APPENDICES
Appendix A: SF 424 and Certifications
Appendix B: Affidavit of Publication
Appendix C: Public Comments
Appendix D: Map
Appendix E: CDBG PY22-23 Funding Table and Contingencies Appendix F: CDBG Funding Contingencies
Appendix G: Additional Narratives
Draft
Annual Action Plan
2022
1 OMB Control No: 2506-0117 (exp. 09/30/2021)
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
1. Introduction
The City of Daly City receives federal funds in the form of Community Development Block Grant (CDBG) funds and HOME funds from the Department of Housing and Urban Development. These funds are integral to the City's efforts to help better the lives of low and moderate income persons in its community. As a grantee, the City is required to prepare a Five-Year Consolidated Plan which incorporates an assessment and analysis of the housing and non-housing community development needs in Daly City. The plan covers the program years beginning July 2018 through June 2023. An Annual Action Plan is prepared for each program year within the Consolidated Plan period. This Annual Action Plan is for PY22-23 (July 1, 2022 to June 30, 2023), the final year of the Five Year Consolidated Plan.
At the writing of this draft Action Plan, the City has not yet been notified of its PY22-23 CDBG and HOME allocations. As a result, the City has prepared this draft Action Plan using its current CDBG and HOME allocations to estimate the funding available for PY22-23. Staff estimates that the City will have $1,329,447 for CDBG activities. This includes an estimated $1,077,165 CDBG allocation combined with anticipated unspent prior year funds and program income. The City estimates $389,735 in HOME funds.
Contingencies have been provided in the Appendix to illustrate how the CDBG and HOME funds will be allocated if the funding estimates are greater or lesser than the estimated funding amounts.
2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.
The objectives and outcomes identified in this Action Plan address the housing and community development needs in Daly City, and that have been identified in the Consolidated Plan. The objectives address these priority needs:
• Maintain and improve housing stock
• Increase the supply of affordable housing
• Preserve housing affordability
• Support public services that serve lower income persons and these groups: children and youth, the homeless, and special needs populations
Draft
Annual Action Plan
2022
2 OMB Control No: 2506-0117 (exp. 09/30/2021)
• Maintain and improve public facilities
• Economic Development
The City will collaborate with both public and private organizations to address these needs. In addition, it will work to address barriers to affordable housing and lead based paint hazards. It will collaborate with the San Mateo County Continuum of Care to address homelessness.
3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.
The City provides an evaluation of its past performance in the Consolidated Annual Performance and Evaluation Report (CAPER). A CAPER is prepared for each program year and at the end of the Consolidated Plan Period. A CAPER for the PY21-22 Action Plan will be submitted in September 2022.
The most recent CAPER, for the PY20-21 Action Plan, reports that CDBG funds were used to provide various public services and housing rehab during the PY20-21 Action Plan. Some of these performance outcomes include:
• Literacy tutoring to 15 low income persons
• Legal services to 109 low income renter households to help stabilize housing and prevent evictions.
• Childcare services for 16 low income households
• Fair housing cases for four households
• Transitional shelter for seven homeless families
These community development and housing funds from HUD have been essential in helping the City provide services to its lower income residents. The City plans to continue its efforts to address the priority needs summarized previously.
4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.
The citizen participation and consultation processes involve two public hearings, a public noticing and review period of the draft One-Year Action Plan, and consultations with various agencies and collaboratives such as the Continuum of Care, the Housing Authority of San Mateo County, and service providers serving Daly City residents. The 30-day public review period and noticing of the draft One-Year Action Plan begins March 24, 2022 through April 25, 2022. A virtual hearing will be conducted that provided the public an opportunity to comment on the draft Action Plan. Sections AP10 and AP12 provide more information on the citizen participation process.
Draft
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2022
3 OMB Control No: 2506-0117 (exp. 09/30/2021)
5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.
There were no comments received at the public hearing on housing and community development needs held on December 13, 2021. A virtual hearing for the draft One-Year Action Plan for PY22-23 will be held on April 25, 2022. A summary of the comments from the public hearings will be included in Table 4 of Section AP-12.
6. Summary of comments or views not accepted and the reasons for not accepting them To be completed after Public Hearing on April 25, 2022.
7. Summary
This Action Plan for PY22-23 is the final year of the City's Five-Year HUD Consolidated Plan. The projects and activities for PY22-23 continue to prioritize the objectives identified in the Five-Year Plan. Funds from the Department of Housing and Urban Development are critical in helping the City meets its community development objectives. Without these funds, the City would not be able to provide funding support for much needed services to its lower income residents.
Draft
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PR-05 Lead & Responsible Agencies – 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.
Agency Role Name Department/Agency
Lead Agency DALY CITY
CDBG Administrator DALY CITY Economic and Community Development Department HOPWA Administrator
HOME Administrator DALY CITY Economic and Community Development Department HOPWA-C Administrator
Table 1 – Responsible Agencies
Narrative (optional)
The Housing and Community Development (HCD) division of the City of Daly City’s Economic and Community Development department is responsible for preparing the Consolidated Plan as well as administering both the HOME and CDBG programs. The HCD division also administers the City’s Below Market Rate program and serves as staff to the Daly City Housing Development Finance Agency.
Consolidated Plan Public Contact Information
City of Daly City, ECD/HCD, 333 - 90th Street, Daly City, CA 94015 650-991-8068 (phone)
650-991-8070 (fax)
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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)
1. Introduction
The City of Daly City recognizes that consultation is an important part of preparing the HUD Consolidated Plan. The City of Daly City collaborated with the County of San Mateo to jointly reach out to the Housing Authority of San Mateo County, the San Mateo County Continuum of Care, the San Mateo County STD/HIV Program, and the San Mateo County Health Department to request data and information required in the Consolidated Plan. The City also attended roundtable discussions hosted by the County to hear input from service providers, real estate stakeholders and affordable housing developers in the County and followed up with questions specific to Daly City. The City also reached out to the Daly City Community Service Center, one of a network of agencies in the County that provides emergency food, shelter, clothing, employment services and short-term counseling.
The City engages in various regional efforts including those addressing planning, housing, transportation, and sustainability issues. For example, the City has participated in a regional sea level rise study, has identified Priority Development Areas for ABAG, and engaged in the Regional Housing Needs Allocation process in the County. These regional efforts involve working and consulting with various agencies that may not be included in Table 2 of this section since they are not consulted directly on the Action Plan; however, they are consulted on regional issues that inform local concerns in the Action Plan such as affordable housing in the City.
The Five-Year Consolidated Plan laid out the priorities and the One-Year Action Plans support these priorities. The PY22-23 Action Plan will be the final year of the City's Five-Year Consolidated Plan. In preparing the Annual Action Plan, the City invited input on Daly City community development needs at a public hearing in December 2021.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The City of Daly City enhances coordination between public and assisted housing providers and private and governmental health, mental health and service agencies in several ways. Primarily, it networks with these agencies through participation in consortiums such as the Continuum of Care (CoC). The Continuum of Care meets at least quarterly and has representatives from various agencies including governmental health, mental health and service agencies.
In consulting with various agencies through the process of drafting the Consolidated Plan, the City identifies contacts with whom it can coordinate. Oftentimes, it is knowing who to contact at an agency that is key to engagement and coordination. The quarterly CoC meetings are helpful in facilitating communication and coordination with different agencies. Close collaboration with the other four Draft
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entitlement jurisdictions in San Mateo County that receive CDBG funds also enhances coordination.
For its current Five-year HUD Consolidated Plan period, the City completed an Assessment of Fair Housing (AFH) in collaboration with the County of San Mateo, the San Mateo County Housing Authority, the South San Francisco Public Housing Authority, and the cities of South San Francisco, San Mateo, and Redwood City. The City will continue to coordinate with these local governments and housing authorities to address some of the shared AFH goals.
Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.
City staff is a member of the Continuum of Care (CoC) Steering Committee for San Mateo County which meets at least quarterly to discuss the needs and efforts to address the needs of homeless persons and persons at risk of homelessness. Other members of the CoC Steering Committee represent various agencies that include health services, mental health facilities, foster care and other youth facilities, corrections programs and institutions. Through participation in the CoC and networking with the Steering Committee members, the City indirectly consults with several agency types. The City funds LifeMoves, a homeless service provider, and maintains relationships with other providers such as Samaritan House and Community Overcoming Relationship Abuse (CORA). City staff participates in the review and ranking of project applications submitted to the CoC program NOFA (Notice of Funding Availability). City staff also assist in the biennial One-Day homeless count. In January of this year, city staff facilitated the deployment of volunteers participating in the street count of homeless persons in Daly City.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City does not receive ESG funds.
2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
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Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization SAN MATEO COUNTY
Agency/Group/Organization Type Services - Narrowing the Digital Divide
Agency - Emergency Management
Other government - County
What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs
Homelessness Strategy
Market Analysis
Lead-based Paint Strategy
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency consulted on regular working
basis.
2 Agency/Group/Organization Housing Authority of the County of San Mateo
Agency/Group/Organization Type PHA
What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs
Homeless Needs - Chronically
homeless
Homeless Needs - Families with
children
Homelessness Needs - Veterans
Homelessness Needs -
Unaccompanied youth
Homelessness Strategy
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Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency consulted on regular working
basis.
3 Agency/Group/Organization San Mateo County Continuum of Care
Agency/Group/Organization Type Other government - County Regional organization
What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless
Homeless Needs - Families with
children
Homelessness Needs - Veterans
Homelessness Needs -
Unaccompanied youth
Homelessness Strategy
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Collaborative consulted on regular
working basis.
4 Agency/Group/Organization HIP Housing
Agency/Group/Organization Type Housing
Services - Housing
What section of the Plan was addressed by Consultation? Housing Need Assessment Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency consulted on regular working
basis.
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5 Agency/Group/Organization Renaissance Entrepreneurship Center
Agency/Group/Organization Type Services-Employment
Regional organization
Microenterprise assistance
What section of the Plan was addressed by Consultation? Economic Development Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency consulted on regular working
basis.
6 Agency/Group/Organization LifeMoves
Agency/Group/Organization Type Services-homeless
Regional organization
What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless
Homeless Needs - Families with
children
Homelessness Needs - Veterans
Homelessness Needs -
Unaccompanied youth
Homelessness Strategy
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency consulted on regular working
basis.
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7 Agency/Group/Organization Center for Independence of
Individuals with Disabilities
Agency/Group/Organization Type Services - Housing
Services-Elderly Persons
Services-Persons with Disabilities
Regional organization
What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency consulted on regular working
basis.
8 Agency/Group/Organization Rebuilding Together Peninsula Agency/Group/Organization Type Housing
Services - Housing
Services-Elderly Persons
Regional organization
What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency consulted on regular working
basis.
9 Agency/Group/Organization Mid-Peninsula The Farm, Inc.
Agency/Group/Organization Type Housing
What section of the Plan was addressed by Consultation? Housing Need Assessment Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency consulted on regular working
basis.
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10 Agency/Group/Organization LEGAL AID SOCIETY OF SAN MATEO COUNTY
Agency/Group/Organization Type Services - Housing
Regional organization
Legal services
What section of the Plan was addressed by Consultation? Housing Need Assessment Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency consulted on regular working
basis.
11 Agency/Group/Organization Peninsula Family Service
Agency/Group/Organization Type Services-Children
What section of the Plan was addressed by Consultation? Anti-poverty Strategy Youth services
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency consulted on regular working
basis.
12 Agency/Group/Organization PROJECT READ
Agency/Group/Organization Type Services-Education
Literacy
What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency consulted on regular working
basis.
13 Agency/Group/Organization PROJECT SENTINEL
Agency/Group/Organization Type Service-Fair Housing
What section of the Plan was addressed by Consultation? Housing Need Assessment Fair Housing
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Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency consulted on regular working
basis.
14 Agency/Group/Organization Daly City Partnership
Agency/Group/Organization Type Services - Housing
Services-Children
Services-Persons with Disabilities
Services-homeless
Services-Health
What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically
homeless
Homeless Needs - Families with
children
Homelessness Strategy
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency consulted on regular working
basis.
Identify any Agency Types not consulted and provide rationale for not consulting Various agency types and organziations were notified of the public hearing on housing and community development needs and the draft One- Year Action Plan.
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Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of Care San Mateo County Human Services Agency, Center on Homelessness
Daly City's goals for addressing homelessness in the Strategic Plan support the goals of the Continuum of Care.
Housing Element City of Daly City Both plans share the goals of increasing, maintaining and improving the housing stock.
Table 3 – Other local / regional / federal planning efforts
Narrative (optional)
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AP-12 Participation – 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting
The City has a citizen participation plan which outlines the process for engaging its residents in the Consolidated Plan and Action Plans. The process requires public noticing, a public comment period, and two public hearings. The process impacts goal setting by facilitating communication between the City and its residents regarding community development priorities and needs.
On December 13, 2021, the Daly City City Council held a public hearing to obtain citizens’ views on community development and housing needs that are eligible for CDBG and HOME funding for Program Year 2022-23 and to address the citizen participation and planning process for preparation of the Action Plan. A legal notice announcing the meeting was published in The Examiner Peninsula on November 14, 2021, and the Public Notice was posted on the City's website and emailed to various community organizations.
On April 25, 2022, the Daly City City Council will hold a public hearing regarding the draft Action Plan and the funding recommendations for PY22-23 CDBG and HOME funds. A legal notice announcing the public hearing and the public review comment period for the draft Action Plan will be published in The Examiner Peninsula on March 24, 2022 and posted on the City's website. The public notice will also be emailed to community service agencies serving Daly City residents. The draft PY22-23 Action Plan will be made available on the City's website and could be mailed upon request. In an effort to broaden citizen participation, the City makes the public notices posted on its website available in Chinese, Spanish, and Tagalog.
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Citizen Participation Outreach
Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
1 Public Hearing
Non-
targeted/broad
community
A virtual public
hearing was held on
December 13, 2021
to hear comments on
housing and
community
development needs
in Daly City. No
comments were
received.
No comments were
received.
No comments were
received.
2 Public Hearing
Non-
targeted/broad
community
A virtual public
hearing will be hold
on the draft One-Year
Action Plan on April
25, 2022.
To be completed
after public
hearing.
To be completed after
public hearing.
3 Internet Outreach
Non-
targeted/broad
community
Notices of Public
Hearings and the
draft Action Plan
were made available
on the City's website.
See above. See above.
Table 4 – Citizen Participation Outreach
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
The City, as of the writing of this draft Action Plan, has not yet received its CDBG and HOME allocation amounts for PY22-23. To comply with public review and noticing requirements, the City has drafted this Action Plan by estimating what it expects to receive in PY22-23 funding. The Appendix provides for contingencies should the funding estimates be off. The draft Action Plan shall be finalized and submitted to HUD after the City receives official notification of its PY22-23 CDBG and HOME allocations. The City will use CDBG funds for program administration, housing residential rehabilitation, public facilities, public services, economic development and to pay back its Section 108 loan that was used for the construction of the Bayshore Community Center. It will use its HOME funds for program administration and the development of affordable housing.
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Anticipated Resources
Program Source
of Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services 1,077,165 48,800 203,482 1,329,447 0
CDBG funds will be used to address
housing needs and economic
development, repay a Section 108 loan,
provide public services, and program
administration.
HOME public -
federal
Acquisition
Homebuyer
assistance
Homeowner
rehab
Multifamily rental
new construction
Multifamily rental
rehab
New construction
for ownership
TBRA
389,735 0 895,386 1,285,121 0
HOME funds will be used for program
administration and to increase or
improve the supply of affordable
housing.
Table 5 - Expected Resources – Priority Table
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Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
CDBG funds leverage a variety of both public and private funds so that our Public Service recipients can provide the services that they do. CDBG funds alone are not sufficient. In the PY20-21 CAPER, $141,753 in Daly City CDBG funds to subrecipients leveraged almost $4 million dollars of public and private sources of funding.
Because no one source of funding is sufficient to complete an affordable housing project, various sources will need to be combined to fully fund a project. Federal funds alone are not enough to fund a development. Recent projects have included public sources of funding as well as private funds, such as monies raised by Habitat for Humanity from individual donors and private foundations.
The City will satisfy its matching requirements by encouraging and partnering with developers to compete for tax credits, State funding, or other sources for which projects are eligible. A Habitat for Humanity development nearing construction completion that did not receive City HOME funds may be HOME-eligible. Funds provided from the Daly City Housing Development Finance Agency (DCHDFA) to finance the site acquisition may be used to satisfy HOME matching requirements. There are a couple of multifamily projects in Daly City that are under Planning review that could also result in HOME-eligible units.
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If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The San Mateo County Housing Authority owns land in the Bayshore neighborhood and is working with Mid-Peninsula Housing to redevelop the 150-unit Midway Village site for more affordable housing. The DCHDFA also owns land in the Bayshore neighborhood that is adjacent to the Cow Palace. The Agency has an executed Exclusive Right to Negotiate with Bridge Housing, a nonprofit housing developer, to develop affordable housing on the site. Both sites present opportunities to address the need for more affordable housing identified in the Plan.
Discussion
CDBG and HOME funds allow the City to support community development organizations that provide valuable services to its lower income residents and to build much needed affordable housing. This financial support helps organizations and development projects raise funding from private sources.
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 AFH1: Develop new
affordable
ownership units
2018 2022 Affordable
Housing
AFH: Historic lack of
credit, high housing
prices
AFH: Loss/lack of
affordable housing
2 AFH2: Develop new
affordable rental
units
2018 2022 Affordable
Housing
AFH: Historic lack of
credit, high housing
prices
AFH: Loss of affordable
rents/displacement
HOME:
$1,246,147
3 AFH4: Fund rehab
and accessibility
improvements
2018 2022 Affordable
Housing
Non-Homeless
Special Needs
AFH: Lack of accessible
housing
CDBG:
$20,000
Homeowner Housing
Rehabilitated: 10 Household
Housing Unit
4 AFH6: Acquisition
and Rehab
2018 2022 Affordable
Housing
AFH: Loss/lack of
affordable housing
AFH: Loss of affordable
rents/displacement
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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
5 AFH9: Support fair
housing/renter
services
2018 2022 Affordable
Housing
Fair housing
AFH: Loss/lack of
affordable housing
AFH: Loss of affordable
rents/displacement
CDBG:
$28,200
Public service activities for
Low/Moderate Income
Housing Benefit: 75
Households Assisted
Other: 6 Other
6 Provide minor home
repair
2018 2022 Affordable
Housing
Non-Homeless
Special Needs
AFH: Lack of accessible
housing
Maintain and improve
housing stock
CDBG:
$20,000
Homeowner Housing
Rehabilitated: 5 Household
Housing Unit
7 Provide City
Residential
Rehabilitation
Program
2018 2022 Affordable
Housing
Non-Homeless
Special Needs
AFH: Lack of accessible
housing
Maintain and improve
housing stock
CDBG:
$499,933
Homeowner Housing
Rehabilitated: 13 Household
Housing Unit
8 Provide public
servcies for children
and youth
2018 2022 Non-Housing
Community
Development
Public Services CDBG:
$30,000
Public service activities other
than Low/Moderate Income
Housing Benefit: 15 Persons
Assisted
9 Provide public
services for the
homeless
2018 2022 Homeless Public Services CDBG:
$18,000
Public service activities for
Low/Moderate Income
Housing Benefit: 13
Households Assisted
10 Provide public
services - general
2018 2022 Affordable
Housing
Non-Housing
Community
Development
Public Services CDBG:
$40,000
Public service activities other
than Low/Moderate Income
Housing Benefit: 50 Persons
Assisted
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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
11 Encourage economic
development
2018 2022 Non-Housing
Community
Development
Economic Development CDBG:
$25,000
Businesses assisted: 30
Businesses Assisted
Table 6 – Goals Summary
Goal Descriptions
1 Goal Name AFH1: Develop new affordable ownership units Goal
Description
Work with developers to build affordable ownership units for lower income households. 2 Goal Name AFH2: Develop new affordable rental units
Goal
Description
Work with affordable housing developers to build new rental housing for lower income households. Staff is working to identify HOME-eligible affordable housing projects. Until a specific project can be identified, a goal indicator is still to be determined.
3 Goal Name AFH4: Fund rehab and accessibility improvements Goal
Description
This goal addresses the needs of seniors and those with physical disabilities by providing assistance for installing housing accessibility modifications.
4 Goal Name AFH6: Acquisition and Rehab
Goal
Description
The AFH has identified as a goal acquisition and rehab of rental buildings as a way to preserve housing affordability.
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5 Goal Name AFH9: Support fair housing/renter services
Goal
Description
The AFH has identified the goal of maintaining funding and support for outreach services to homeowners and renters at risk of being displaced, evicted, and/or facing fair housing challenges. 6 Goal Name Provide minor home repair
Goal
Description
Provide minor home repair to low income households to keep them safe and comfortable in their homes. 7 Goal Name Provide City Residential Rehabilitation Program Goal
Description
The City Residential Rehabilitation Program offers low interest complete rehab loans to low income households to repair and improve the condition of their homes. The program also offers paint only and roof only loans, and offers senior grants of $2,500 for minor home repair.
8 Goal Name Provide public servcies for children and youth Goal
Description
Support public service programs that serve children and youth. This includes programs that provide support for child care services.
9 Goal Name Provide public services for the homeless
Goal
Description
Provide support to transitional housing programs to help homeless households trying to move in to permanent housing. 10 Goal Name Provide public services - general
Goal
Description
Provide public services to low income households that better their job skills through improved literacy, and provide meal delivery to homebound seniors.
11 Goal Name Encourage economic development
Goal
Description
The City's goal for economic development includes retention and expansion of small businesses and achieving economic stability through job creation. Microenterprise and entrepreneurship training and technical assistance programs support this goal.
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Estimate the number of extremely low-income, low-income and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215 (b)
There is not yet a specific project identified for the HOME funds, thus making it difficult to estimate the number of extremely low income, low income and moderate income families that will be provided affordable housing through the use of HOME funds. The City continues to explore affordable housing development possibilities that include acquisition and rehab, new construction, and possibly homeowner rehabilitation. The actual projects to be undertaken will depend on timing and financial feasibility, among other things. For construction or acquisition/rehab projects, the City would target HOME funds to benefit lower income families. Without a specific project, it is not known which maximum per unit HOME subsidy limits apply. These limits affect the number of HOME units that are produced or rehabbed.
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Projects
AP-35 Projects – 91.220(d)
Introduction
The City has a two-year CDBG funding cycle for the first and third years of its Five Year HUD Consolidated Plan, and a one-year cycle for the final year of the Consolidated Plan period. PY22-23 is the final year of the Consolidated Plan period. A new Five-year Consolidated Plan will be prepared for the period beginning July 1, 2023.
The City will continue to make payments on its Section 108 loan using CDBG funds. The Section 108 loan payment will comprise 39% of the estimated PY22-23 CDBG allocation, and it is anticipated the loan will be paid off in 2022.
Projects
# Project Name
1 2022 CDBG Program Administration
2 Rebuilding Together Minor Home Repair
3 City Residential Rehab Program
4 CID/Housing Accessibility Modification (HAM) Program
5 Legal Aid/Homesavers
6 LifeMoves Family Crossroads
7 Project Sentinel/Fair Housing
8 2022 HOME program administration
9 Affordable Housing Development
10 Peninsula Family Service
11 Project Read
12 2022 Section 108 loan payment for Bayshore Community Center 13 Meal Home Delivery
14 Microenterprise Assistance
Table 7 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The City allocates as much as is allowable to program administration and utilizes a large portion of the amount available for housing activities. Daly City is part of the San Francisco Bay Area which is one of the most expensive places to live in the country. The City allocates funding to housing and capital improvements/public facilities to meet its Consolidated Plan goals; and as funds allow, to economic Draft
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development. In PY22-23, $423,121 of its CDBG budget is going towards repayment of a Section 108 loan that was used for the construction of the Bayshore Community Center. This is almost 40% of the City's PY22-23 CDBG allocation.
Affordable housing continues to be an underserved need. Daly City will use CDBG funds for housing rehabilitation and modification to help households remain in their homes. If homeowners are unable to stay in their homes, it is likely that they would have to move out of the area. The City will also be funding various public services that support child care, literacy, and legal assistance for lower income tenants facing eviction. The City will allocate its PY22-23 HOME funds for program administration and the development of affordable housing. The City will partner with affordable housing developers to leverage these limited funds with other sources. Daly City's Inclusionary Housing Ordinance provides for a housing trust fund that may be used to leverage HOME dollars.
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AP-38 Project Summary
Project Summary Information
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1 Project Name 2022 CDBG Program Administration
Target Area
Goals Supported
Needs Addressed
Funding CDBG: $225,193
Description Program administration for PY22-23 CDBG allocation.
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
Not applicable.
Location Description 333 - 90th Street, Daly City, CA 94015 Planned Activities Writing reports, planning activities, monitoring contracts, ensuring compliance with CDBG requirements.
2 Project Name Rebuilding Together Minor Home Repair
Target Area
Goals Supported Provide minor home repair
Needs Addressed Maintain and improve housing stock
Funding CDBG: $20,000
Description Safe at Home minor home repair program for low income households.
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
It is estimated that five low income households will benefit.
Location Description Daly City locations to be determined during program year.
Planned Activities This project consists of Rebuilding Together Safe at Home program that provides minor home repair assistance.
3 Project Name City Residential Rehab Program
Target Area
Goals Supported Provide City Residential Rehabilitation Program Draft
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Needs Addressed AFH: Lack of accessible housing
Maintain and improve housing stock
Funding CDBG: $499,933
Description Provide City Residential Rehabilitation program.
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
It is estimated that 13 low income households will benefit.
Location Description Daly City, specific locations to be determined.
Planned Activities Provide and process senior home grants, minor home repair loans, and complete rehabilitation loans.
4 Project Name CID/Housing Accessibility Modification (HAM) Program Target Area
Goals Supported AFH4: Fund rehab and accessibility improvements Needs Addressed AFH: Lack of accessible housing
Funding CDBG: $20,000
Description Provide home accessibility modifications such as ramps and grab bars.
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
It is estimated that ten households with disabilities will benefit.
Location Description Daly City, specific locations to be determined.
Planned Activities Install grab bars, shower heads, ramps and other accessibility features as needed.
5 Project Name Legal Aid/Homesavers
Target Area
Goals Supported AFH9: Support fair housing/renter services Needs Addressed AFH: Loss/lack of affordable housing
AFH: Loss of affordable rents/displacement
Funding CDBG: $13,200
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Description Provide legal assistance to Daly City residents with a focus on evictions and landlord-tenant disputes.
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
It is estimated that 75 low income renter households will benefit.
Location Description
Planned Activities Provide legal assistance to low income households facing eviction or landlord-tenant disputes. Advise tenants on tenant rights. 6 Project Name LifeMoves Family Crossroads
Target Area
Goals Supported Provide public services for the homeless Needs Addressed AFH: Loss/lack of affordable housing
Public Services
Funding CDBG: $18,000
Description Provide temporary transitional housing and services to homeless families. Services include case management, intake and assessment, and community referrals.
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
It is estimated that 12 homeless households will be assisted.
Location Description 50 Hillcrest, Daly City, CA
Planned Activities Provide transitional housing to homeless families. All clients will receive individualized case management and housing information and referrals. 7 Project Name Project Sentinel/Fair Housing
Target Area
Goals Supported AFH9: Support fair housing/renter services Needs Addressed AFH: Loss/lack of affordable housing
AFH: Loss of affordable rents/displacement
Funding CDBG: $15,000
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Description Fair housing program that includes public information and education on fair housing, referrals, and investigation of fair housing complaints.
Program will also include conducting fair housing audits.
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
It is estimated that six households will benefit from cases and/or investigations of fair housing complaints. More persons will benefit from fair housing education through outreach and presentations as well as fair housing audits. This is a fair housing project subject to the Admin cap and is not considered a public service in PY22-23.
Location Description Fair housing outreach and presentations located in Daly City are to be determined, or may be conducted virtually.
Planned Activities Provide fair housing activities to include fair housing information and referral, investigations of bona fide fair housing complaints, and offering of tester training. Conduct fair housing audits.
8 Project Name 2022 HOME program administration
Target Area
Goals Supported
Needs Addressed
Funding HOME: $38,974
Description 2022 HOME program administration.
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
Not applicable.
Location Description City Hall, 333 - 90th Street, Daly City Planned Activities HOME program administration which includes monitoring HOME projects, meeting with affordable housing developers, and preparing reports and plans.
9 Project Name Affordable Housing Development
Target Area
Goals Supported AFH2: Develop new affordable rental units Needs Addressed AFH: Historic lack of credit, high housing prices AFH: Loss/lack of affordable housing
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Funding HOME: $1,246,147
Description The City is exploring eligible affordable housing developments for HOME investment. The funds for this project include $350,761 of PY22-23 HOME funds, $350,761 of PY21-22 HOME funds, $285,557 of PY20-21 HOME funds and $259,068 of PY19-20 HOME funds.
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
To be determined.
Location Description Daly City, specific locations to be determined.
Planned Activities Affordable housing development including new construction, acquisition and/or rehab.
10 Project Name Peninsula Family Service
Target Area
Goals Supported Provide public servcies for children and youth Needs Addressed Public Services
Funding CDBG: $30,000
Description Provide year-round full-time subsidized child care services for low income families.
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
It is estimated that 15 low income children will benefit.
Location Description 7222 Mission Street, Daly City, CA Planned Activities Provide subsidized child care services for young children, infants to toddlers. The program employs a child-centered curriculum based on best teaching practices.
11 Project Name Project Read
Target Area
Goals Supported Provide public services - general
Needs Addressed Public Services
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Funding CDBG: $20,000
Description Literacy program to help English-speaking adults improve their reading and writing skills.
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
It is estimated that 30 low income persons will benefit.
Location Description Project Read learners and tutors meet at the Daly City libraries, at the Jefferson Adult School, or virtually.
Planned Activities Provide free individualized tutoring to English-speaking adults to help them improve their reading and writing skills, skills that are important life and job skills. Provide training and support to volunteer tutors. 12 Project Name 2022 Section 108 loan payment for Bayshore Community Center Target Area
Goals Supported
Needs Addressed Maintain and improve public facilities
Funding CDBG: $423,121
Description Section 108 loan payments for construction of the Bayshore Community Center.
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
The Bayshore Community Center serves the Bayshore neighborhood which is home to about 4,500 persons.
Location Description 450 Martin St., Daly City, CA
Planned Activities This is a payment on the Section 108 loan that was used for the construction of the Bayshore Community Center. The Center was completed in 2006.
13 Project Name Meal Home Delivery
Target Area
Goals Supported Provide public services - general
Needs Addressed Public Services
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Funding CDBG: $20,000
Description Provide meal delivery to low income homebound seniors and/or persons with disabilities.
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
It is estimated that 20 low income seniors will benefit.
Location Description To be determined.
Planned Activities Provide free or low cost meal delivery to homebound seniors and/or persons with disabilities. Service provider to be determined. 14 Project Name Microenterprise Assistance
Target Area
Goals Supported Encourage economic development
Needs Addressed Economic Development
Funding CDBG: $25,000
Description Provide microenterprise assistance and entrepreneurship training through Renaissance Entrepreneurship Center.
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
It is estimated that 30 microenterprises and/or entrepreneurs will be assisted.
Location Description to be determined.
Planned Activities Provide technical assistance and education to microenterprises and low income entrepreneurs.
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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed In PY22-23, in general, assistance is not directed to a geographic area. Daly City is a densely populated area only covering about eight square miles. Public services are located in different areas of the City and are accessible and available to lower income residents. The residential rehabilitation and minor home repair programs are available to income eligible households throughout the City. Other projects are all accessible by public transportation.
Geographic Distribution
Target Area Percentage of Funds
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically Not applicable.
Discussion
Public improvement projects are generally located in low income census tracts as required by CDBG.
Opportunities for housing development are primarily located on in-fill sites in or close to Mission St., Geneva Avenue, and other areas in proximity to public transit. Investment in these housing opportunities is in line with the region’s focus on infill housing and transportation-oriented development. There may be additional funds available for affordable housing development in these priority-development areas.
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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
Affordable housing support for the non-homeless will include the City’s Residential Rehab program and support for Rebuilding Together Peninsula’s Safe at Home minor home repair program. The City’s affordable housing goal for special needs is incorporated in its support for the Center for the Independence of the Disabled’s (CIID) program to provide home accessibility modifications for the physically disabled.
The City provides support to Legal Aid to assist lower income tenants with housing related issues such as eviction and tenant/landlord disputes. The assistance helps households maintain their housing but are not reported in the tables below. Also not included in the tables below are the goals for Life Moves' Family Crossroads program in Daly City which provides transitional shelter and case management to homeless families.
One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 18
Special-Needs 10
Total 28
Table 9 - One Year Goals for Affordable Housing by Support Requirement
One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 0
Rehab of Existing Units 28
Acquisition of Existing Units 0
Total 28
Table 10 - One Year Goals for Affordable Housing by Support Type Draft
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Discussion
The City's one year goals above show the number of households to be supported through the CDBG- funded housing rehabilitation and minor home repair programs. The City also provides support to Legal Aid to assist lower income tenants with housing related issues such as eviction and tenant/landlord disputes. The assistance helps households maintain their housing but are not reported in the tables above. Also not included in the tables are the goals for Life Moves' Family Crossroads program in Daly City which provides transitional shelter and case management to homeless families.
The City continues to work with developers to explore the development of affordable housing. It is currently in discussion with Bridge Housing regarding development of land owned by Daly City Housing Finance Agency (DCHFA) in the Bayshore neighborhood. Production numbers related to this development are not included in the tables above because entitlements have not yet been approved for the site. Additionally, the City is still exploring other projects in which it can invest its HOME funds. This process takes time particularly since the use of HOME funds requires that funding is secured for the project, a process that can take several years.
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AP-60 Public Housing – 91.220(h)
Introduction
There is no public housing in Daly City.
Actions planned during the next year to address the needs to public housing The City will work with the Housing Authority of the County of San Mateo (HACSM) as needed to address the needs of public housing.
Actions to encourage public housing residents to become more involved in management and participate in homeownership
There is no public housing in Daly City. However, the City will work with the HACSM as needed.
If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
Not applicable. The PHA is not designated as troubled.
Discussion
There is no public housing in Daly City.
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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
The City will collaborate with other governmental and nonprofit organizations in its homeless and other special needs activities. The City meets at least quarterly with other entitlement communities in the County, and at least quarterly with the County’s Continuum of Care (CoC) collaborative. Participation in the Continuum of Care has been integral to the City’s understanding of the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act which consolidates HUD’s homeless assistance programs. The CoC, in its efforts to comply with HEARTH, has set up subcommittees to work on a range of system-wide planning efforts to achieve the HEARTH outcomes below. The City will have staff participate in the subcommittees
• Reductions in total numbers of homeless people;
• Reductions in the number of new entries into homelessness; • Reductions in the rate of returns to homelessness; and • Reductions in the length of time people are homeless.
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
• The City will work with Daly City Partnership to operate the Daly City Community Service Center which conducts client intake to assess individual needs and makes referrals to emergency shelters. The Daly City Community Service Center is part of the Core Service Agency Network of San Mateo County, a network of eight agencies located throughout the County that provide general information and referral resources for emergency shelter, food, clothing, utilities assistance, employment information and short-term case management. • The Economic and Community Development department will continue to work with the City's Police department and Community Service Center to discuss outreach to homeless persons and suggest areas of coordination where possible.
Addressing the emergency shelter and transitional housing needs of homeless persons • The City will work with Daly City Partnership to operate the Daly City Community Service Center which conducts client intake and makes referrals to emergency shelters. • The City will provide CDBG funds to LifeMoves for operation of Family Crossroads, the transitional shelter for families located in Daly City. • The City will engage in the Continuum of Care policy discussions to address emergency shelter and transitional housing needs of homeless persons.
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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
• The City will provide CDBG funds to LifeMoves for operation of emergency and transitional shelters that serve homeless Daly City residents. LifeMoves provides case management to the families and individuals they shelter to help them become stable and transition to permanent housing.
• The City will actively engage in the Continuum of Care policy discussions and efforts to help the various populations of homeless persons transition to permanent housing. Previous policy discussions have included the establishment of performance standards to assist in the evaluation of current programs that help the homeless. The performance standards will help identify best practices and areas of improvement. The City participated in reviewing and approving these standards.
• The City will collaborate with homeless service providers and serve as a resource as needed.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: 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); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.
• The City will work with Daly City Partnership to operate its Daly City Community Service Center which conducts client intake and makes referrals to emergency shelters. • The City will provide CDBG funds to the Legal Aid Society’s Homesavers Project. This project helps tenants who are having problems with their landlords and offers legal counseling, advice and representation in dealing with evictions and disputes over the condition of the premises. • The City will engage in the Continuum of Care policy discussions and efforts to coordinate discharge policies of public funded institutions and systems of care. • The City, both through the Community Service Center and the Economic and Community Development department, will continue to learn about and develop relationships with the various community agencies that can provide services to help low-income individuals and families avoid homelessness.
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Discussion
The San Mateo County Continuum of Care (CoC) guides the implementation of the County’s housing and social service system to meet the needs of homeless individuals and families. The County Department of Housing and the City of Daly City, along with the other three entitlement cities in the County, have seats on the CoC Steering Committee. The City will work with the CoC to meet the needs of the homeless and other special needs.
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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:
The limited availability of developable vacant land, the high cost of construction, and community opposition to development are all barriers to housing development. These barriers become more pronounced with affordable housing. Unlike market rate housing, there is no for-profit motivation to build affordable housing so affordable housing development is more dependent on public funding.
Negative perceptions of affordable housing also contribute to community opposition. The City will work with affordable housing developers to address these barriers to affordable housing.
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The City will continue to implement the following actions to reduce barriers to affordable housing:
• Continue the process of updating the City's zoning ordinance to facilitate and encourage the construction of higher-density mixed-use developments along Mission Street and Geneva Avenue and locations within close proximity to public transit. • Improve the public’s perception and acceptance of affordable housing by assisting experienced housing developers to create attractive, well-managed developments and by requiring that developers conduct community meetings regarding their proposed affordable housing projects. • Provide reduced parking requirements for affordable housing developments. • Allow the construction of additional second units throughout the City. • Avoid rezoning properties that are presently designated or zoned for residential uses for non- residential uses.
• Provide one-stop permitting and parallel building plan checking through the Building Division, Planning Division, and Department of Public Works as an effort to streamline project approvals.
Discussion:
These tasks include exploring incentive programs for lot mergers and increasing minimum lot sizes along the commercial corridors to encourage higher density and mixed-use developments, reducing parking requirements, and formalizing a plan check prioritization system that would give priority to affordable housing projects.
The City is currently in the process of updating its Housing Element. The Housing Element is a planning document that requires the City to demonstrate how it plans to meet its Regional Housing Needs Allocation (RHNA) . The document outlines policies and programs to facilitate the production of housing Draft
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at various income levels and contemplates how to address barriers to affordable housing. The City’s current Housing Element can be found at www.dalycity.org/housingelement. The updated Housing Element will be available in 2023.
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AP-85 Other Actions – 91.220(k)
Introduction:
Actions planned to address obstacles to meeting underserved needs The housing and community development needs in Daly City exceed the City’s resources to meet them.
Consequently, the City attempts to leverage resources from other government programs and private sources. The City will address obstacles to meeting underserved needs by collaborating with other public and private agencies and pursuing funding sources as they become available for specific priority activities.
Actions planned to foster and maintain affordable housing The City’s actions to foster and maintain affordable housing include:
• Monitoring its existing stock of deed-restricted affordable housing units through property inspections and continued relationships with property managers. • Exploring other funding sources for affordable housing such as private and regional/state funding opportunities.
• Encouraging higher density mixed-use developments.
• Implementing the City's Inclusionary Housing Ordinance adopted in December 2018. This ordinance establishes inclusionary housing requirements for new residential developments in the City.
• Collaborating with regional public and private agencies working to promote affordable housing.
Actions planned to reduce lead-based paint hazards
The City’s actions to reduce lead-based paint hazards include:
• Providing lead hazard notification, evaluation, and reduction in its residential rehabilitation program.
• Providing information referrals and requiring abatement of lead hazards in housing units where children under the age of six reside.
• Providing information to contractors about training and certifications needed to provide lead- based paint abatement services.
• Coordinating with the County of San Mateo, other local jurisdictions and the private sector in efforts to reduce lead-based paint hazards.
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Actions planned to reduce the number of poverty-level families As expressed earlier in the Consolidated Plan, the goals of the City’s efforts to reduce the number of poverty level families are to strengthen the economic climate, increase employment opportunities and assist in the retention of existing neighborhood-serving commercial businesses in low and moderate income areas. These goals guide the City’s actions to reduce the number of poverty-level families which include:
• Supporting public services that provide assistance to very low income families. • Providing information and referral at the Daly City Community Service Center to connect very low income families to various programs and services such as rental and utility assistance. • providing technical assistance and support to microenterprises and potential entrepreneurs to encourage their success and job creation.
• Enhancing employment opportunities for very low income residents by establishing, when appropriate, first source hiring agreements.
Actions planned to develop institutional structure
Actions to develop institutional structure include:
• On-going efforts to streamline the review and approval process for new developments • Assisting nonprofit service providers through the CDBG program • Conducting outreach to potential private sector partners in affordable housing development (i.e. lenders, realtors)
• Working with local foundations and public agencies to access their programs to assist low and moderate income residents
• Participating in the Continuum of Care and coordinating with homeless service providers • Participating in local and regional collaborations to address housing and special needs. This includes on-going quarterly meetings with other CDBG and HOME grantees in the County to coordinate training and technical assistance for city and County staff and their subrecipients.
Actions planned to enhance coordination between public and private housing and social service agencies
Actions to enhance coordination between public and private housing and social service agencies include:
• Participating in the Continuum of Care
• Coordinating with other local and regional jurisdictions on efforts to foster affordable housing and assist low income households
• Updating information on existing and identifying new agencies and or collaboratives of social service agencies
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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.
1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 48,800
2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0
3. The amount of surplus funds from urban renewal settlements 0
4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0
5. The amount of income from float-funded activities 0
Total Program Income: 48,800
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan.
100.00%
HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)
1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows:
The City does not intend to use other forms of investment beyond those identified in Section
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92.205, it will then revise its Consolidated Plan to include them. The forms of investment described in Section 92.205 are: equity investments, interest bearing loans or advances, non-interest bearing loans or advances, interest subsidies, deferred payment loans, and grants.
2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:
The City shall use resale to ensure affordability of its homebuyer activities. The City requires homebuyers to submit an annual certification of principal residency throughout the affordability period specified.
A Deed of Trust (securing the HOME promissory note) and a Resale Restriction Agreement are recorded against the property for a term of 45 years. No payment is due on the loan until the unit is sold. At that time a new eligible buyer assumes the loan or is paid back to the City if a new eligible buyer is not found. The City has the right and option to purchase the unit at the time of sale. (This option to repurchase is also granted to Habitat for Humanity for its developments). The Resale Restriction specifies that subsequent buyers of a HOME-assisted unit must meet income requirements (household income no more than 80% of area median income).
3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:
The City shall ensure the affordability of units for the affordability period through the Resale Restriction recorded on the property, and not through a presumption of affordability. The Resale Restriction specifies the calculation for the resale price. The resale price is calculated as the original purchase price adjusted by the percentage change in the area median income (as published annually by HUD). Quality improvements to the property, if any, are also taken into consideration. The resale price provides the buyer with a fair return on investment, which is defined as the buyer’s initial investment during the affordability period. Generally, this includes the amount of the down payment and documented costs of capital improvements.
4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:
HOME funds will not be used to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds.
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APPENDIX A
SF 424 and Certifications
[to be inserted]
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APPENDIX B
Proof of Publication
[to be inserted]
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APPENDIX C
Public Comments
[to be inserted]
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APPENDIX D
Maps
PUBLIC SERVICES
• 1: Legal Aid Society
• 3: Peninsula Family Services
• 6: LifeMoves – Family Crossroads
The following public services have not been mapped because their headquarters and/or facilities are outside of Daly City:
• Project Read (South San Francisco)
• Project Sentinel (Redwood City)
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APPENDIX E
CDBG PY22-23 CDBG Funding Table
ACTIVITY FY22-23
Recommendations
Administration
General Administration $225,193
Project Sentinel/Fair Housing $15,000
subtotal $240,193
Capital Projects
Section 108 Loan Payments (P+I) $423,121
Sidewalk Curb Ramps $ -
subtotal $423,121
Economic Development
Renaissance Entrepreneurship $25,000
subtotal $25,000
Housing
Rebuilding Together/Safe at Home $20,000
CID/Housing Accessibility Modification (HAM) Program $20,000 Residential Rehab $499,933
subtotal $539,933
Public Services
Life Moves/Family Crossroads $18,000
Legal Aid/Homesavers $13,200
Peninsula Family Service $30,000
Project Read $20,000
*Meal Delivery Program $20,000
Unity Core Group $ -
subtotal $101,200
TOTAL $1,329,447
* Funding for a meal delivery program is recommended; service provider is To Be Determined.
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APPENDIX F
CDBG Funding Contingencies
FY22-23
Recommendation
General Administration 225,193
Section 108 Loan Payments (P&I) 423,121
Project Sentinel/Fair Housing 15,000
Residential Rehab 499,933
Peninsula Family Service 30,000
Legal Aid/Homesavers 13,200
LifeMoves/Emergency and Transitional Housing 18,000
Rebuilding Together/Safe at Home 20,000
CID/Housing Accessibility Modification (HAM) Program 20,000 Project Read 20,000
Meal Home Delivery 20,000
Renaissance Entrepreneurship Center 25,000
TOTA L 1,329,447
If CDBG allocation is less than estimated:
1- General Administration amount will be reduced so that it does not exceed 20% admin cap
2- Residential Rehab will be reduced up until it is funded at $460,000. 3- Once Residential Rehab is funded at $460,000, activities below it in table will be funded in descending order.
If CDBG allocation is more than estimated:
1- General Administration amount will be increased so that it is at the 20% admin cap 2- Additional funding will be allocated to Residential Rehab.
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APPENDIX G
Additional Narratives
• Monitoring
• Timeliness of Expenditures
• Minority/Women’s Business Outreach
• Affirmative Marketing
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Additional Narratives
Monitoring
The City of Daly City prepares a number of existing reports to the Federal Department of Housing and Urban Development that help determine whether programs are being carried out according to statutory and regulatory requirements. Each year, the Economic and Community Development department (ECD) prepares the Consolidated Annual Performance and Evaluation Report, and conducts public hearings and meetings to obtain community input concerning the progress of program implementation and input regarding community development needs. In addition, capital and construction projects funded with federal dollars are monitored for compliance with applicable environmental, procurement, financial and labor regulations.
Nonprofit organizations receiving CDBG are regularly monitored by ECD staff through monthly and quarterly reports, as well as through on-site monitoring visits to assure compliance with CDBG regulations and stated program performance goals. The City’s CDBG monitoring plan envisions that no fewer than 10 percent of subrecipients will be monitored in each fiscal year and that all subrecipients will be monitored at least once every three years. The City anticipates monitoring three subrecipients in PY22-23.
ECD staff also monitor HOME-funded projects regularly. A building inspector conducts the on-site physical inspection of the buildings. HOME-funded rental projects include:
• Vista Grande Apartments
• School House Station Apartments
• Hillcrest Gardens
• 1293 Hillside
• Sweeney Lane Apartments
For ownership projects, staff collects annual certifications that the owner is using the unit as their primary residence.
Timeliness of Expenditures
The City of Daly City strives to expend its CDBG and HOME funds in a timely manner while meeting the priorities and goals established in the Action Plan. The City works to avoid delays to capital improvement projects as much as possible and to make sure that there are adequate marketing and outreach efforts on behalf of its community development programs. The City generally has not had problems meeting its CDBG timeliness expenditure ratio (i.e. Letter of Credit to CDBG entitlement award) as it allocates CDBG to projects that expend funds timely. HOME has a complex set of timeliness regulations, and the City closely monitors the HOME deadline compliance reports to track its commitment and disbursement deadlines. The challenge of compiling multiple funding sources together to be able to fully fund affordable housing development impacts the timeliness of HOME expenditures.
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PY22-23 Action Plan City of Daly City
Minority/Women’s Business Outreach
The City will make efforts to encourage the use of minority and women-owned businesses in HOME- assisted projects. The City will keep records regarding the number and dollar amounts of participation by minority and women-owned businesses. Outreach efforts may include:
• Mailing of opportunities to lists obtained from the Minority Business Development Agency under the Department of Commerce and the Interagency Committee on Women’s Business Enterprise and United Minority Business Entrepreneurs.
• News releases, in addition to formal requests for bids, which highlight MBE and WBE opportunities under the HOME Program.
Affirmative Marketing
In order to affirmatively market housing activities containing five or more HOME-assisted units, the City or the HOME subrecipient shall:
• Publish notices in local newspapers and other widely accessible mediums to inform the public about the availability of HOME-funded activities. Fair housing brochures will be made available to interested parties. Equal opportunity and fair housing logos will be used in the advertisements, as well as a nondiscrimination clause.
• Post notices in places of wide public use (e.g. City Hall, public libraries) to inform the public about the availability of HOME-funded activities. Locations (e.g. senior centers) where the target group for a HOME-funded project is located (e.g. senior housing) should be sought. • When applicable, make presentations to organizations for people most in need of a particular HOME-funded project.
• Comply with the guidelines described under “Minority/Women’s Business Outreach” in order to ensure inclusion of minority and women-owned businesses. • Maintain records of affirmatively marketing activities to document that good faith efforts were made to broadly market available housing units.
• Work with the developer to complete a marketing plan that affirmatively markets the HOME- funded activity.
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ORDINANCE NO. 1457
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DALY CITY AMENDING TITLE 17 OF DALY CITY MUNCIPAL CODE RE:
LOCATIONAL STANDARDS FOR SMOKE SHOPS AND TOBACCO STORES The City Council of the City of Daly City DOES ORDAIN as follows:
SECTION 1.Section 17.04.010 of the Daly City Municipal Code is hereby amended to read as follows:
17.40.10 Definitions
1.1. “Ancillary sale” shall mean where a grocery store, supermarket, convenience store or similar market uses no more than two percent of its gross floor area, or 200 square feet, whichever is less, for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars, cigarettes or tobacco. For any grocery store, convenience market, retail kiosk or similar use consisting of 250 square feet or less, “ancillary sale” shall mean where no more than five square feet are used for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars, cigarettes or tobacco. The display, sale, distribution, delivery, offering, furnishing, or marketing of e-cigarettes or any other tobacco products or tobacco paraphernalia, regardless of square footage used, is subject to the restrictions of this chapter and shall not constitute ancillary sale” under any circumstances.
20.1. “E-cigarette” shall mean any electronically actuated device or inhaler meant to simulate cigarette smoking that uses a heating element to vaporize a liquid solution, popularly referred to as “juice,” and that causes the user to exhale any smoke, vapor, or substance other than that produced by unenhanced human exhalation. The juice used in e-cigarettes typically contains nicotine, and for this reason e-cigarettes and their juice can be classified as both tobacco products and tobacco paraphernalia.
44.1. “Smoke shop and tobacco store” shall mean any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia; provided, however, that any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale shall not be defined as a “smoke shop and tobacco store” and shall not be subject to the restrictions in this chapter.
52.1 “Tobacco” shall mean any preparation of the nicotine-rich leaves of the tobacco plant, which are cured by a process of drying and fermentation for use in smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body.
52.2 “Tobacco paraphernalia” shall mean any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances as defined in California Health and Safety Code Section 11054 et seq. Items or devices classified as tobacco paraphernalia include but are not limited to the following: pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-
cigarettes, e-cigarette juice, buzz bombs, vaporizers, hookahs, and devices for holding burning material. Lighters and matches shall be excluded from the definition of tobacco paraphernalia.
52.3 “Tobacco product” shall mean any product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from the tobacco plant, or otherwise derived, which is intended to enable human consumption of the tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. For the purposes of this chapter, the term “tobacco product” excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose. (Ord. 14-2031 § 6, 2014.) SECTION 2: Section 17.16.010 of the Daly City Municipal Code is hereby amended to add the following definition to the Table of Use and to read as follows:
17.16.010 C-O Office Commercial District – Table of Uses
1. Uses Permitted
A. Smoke Shops and Tobacco Store Business
SECTION 3.Section 17.17.010 of the Daly City Municipal Code is hereby amended to add the following definition to the Table of uses and to read as follows:
17.17.010 BOC Bart Office Commercial District – Table of Uses A. Uses Permitted
1. Smoke Shops and Tobacco Store Business
SECTION 4.Section 17.18.010 of the Daly City Municipal Code is hereby to add the following definition to the Table of uses and to read as follows:
17.18.010 C 1 Light Commercial District Table of uses.
1. Uses Permitted
A. Smoke Shops and Tobacco Store Business
SECTION 5.Section 17.20.10 of the Daly City Municipal Code is hereby amended to add the following definition to the Table of uses and to read as follows:
17.20.010 – – C-2 Heaving Commercial District Table of uses
1. Uses Permitted
A. Smoke Shops and Tobacco Store Business
SECTION 6.Chapter 17.21 – SC Sullivan Corridor Specific Plan District, of the Daly City Municipal Code is hereby amended to add the following definition to the Table of uses and to read as follows:
17.21.030 Specific plan designations and regulations
Amend Table C-R/O – Retail and Office Commercial to include Smoke Shops and Tobacco Store Business under
1. Uses Permitted.
A. Smoke Shops and Tobacco Stores Business
Amend Table C-O Office Commercial to include Smoke Shops and Tobacco Stores Business under
1. Uses Permitted
A. Smoke Shops and Tobacco Stores Business
Amend Table C-S Service Commercial to include Smoke Shops and Tobacco Stores Business under
1. Uses Permitted
A. Smoke Shops and Tobacco Stores Business
Amend Table C-N Neighborhood Commercial to include Smoke Shops and Tobacco Stores Business under
1. Uses Permitted
A. Smoke Shops and Tobacco Stores Business
Amend Table C-R/R Residential Retail Commercial to include Smoke Shops and Tobacco Stores Business under
1. Uses Permitted (Use Permit Required under D)
D. Smoke Shops and Tobacco Stores Business
SECTION 7.Section 17.40.070 of the Daly City Municipal Code is hereby added to read as follows:
17.40.070 Locational standard for Smoke Shops and Tobacco Store Businesses Smoke shops and tobacco store businesses, or similar uses, shall be separated by at least one thousand (1,000) minimum distance, as measured directly from the property line to property line, from any parcel on which an existing smoke shop or tobacco store business is located.
SECTION 8. Environmental Determination
The City Council of the City of Daly City finds and determines that the implementation of measures described in this Chapter is in furtherance police powers of the City of Daly City, and that these purposes are exempt from the provisions of the California Environmental Quality Act (CEQA); Chapter 3 (commencing with Section 21100) of Division 13 of the Public Resources Code, as provided in categorical exemption Classes 1, 4, 5, 7, 8, 9, and or 21 of the CEQA Guidelines (Title 14, California Code of Regulations, Sections 15301-15329).
SECTION 9. Severability:
If any section, subsection or sentence of this Ordinance is found by a court of competent jurisdiction to be invalid or unlawful, the City Council finds and declares that the remainder of this ordinance would be and is enforceable and would have been adopted notwithstanding the finding of invalidity as to any section, subsection or sentence.
SECTION 10. Effective Date; Publication and Posting:
Pursuant to the provisions of Government Code Section 36933, a summary of this ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this ordinance is scheduled to be adopted, the City Clerk shall (1) publish the summary, and (2) post it in the City Clerk’s office a certified copy of this ordinance. Within fifteen (15) days after the adoption of this ordinance, the City Clerk shall (1) publish the summary and (2) post in the City Clerk’s office a certified copy of the full text of this ordinance along with the names of those City Council members voting for and against this ordinance or otherwise voting.
This ordinance shall become effective thirty (30) days from and after its adoption.
Introduced this 11 th day of April 2022.
Passed and adopted as an Ordinance of the City of Daly City at a regular meeting of the City Council of the City of Daly City held on the day of 2022, by the following vote:
AYES, Councilmembers
NOES, Councilmembers
Absent, Councilmembers:
CITY CLERK OF THE CITY OF DALY CITY
APPROVED:
______________________________________
MAYOR OF THE CITY OF DALY CITY