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, September 26, 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 or the City’s agenda website at https://www.dalycity.org/agendas.
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/dalycitysep26zoom. 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: 892 5179 3442, then enter email address and name. The September 26, 2022 Regular City Council meeting may also be accessed via telephone by dialing +1 669 900 6833 (Local). Enter the meeting ID: 892 5179 3442, 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 or the City’s agenda website at https://www.dalycity.org/agendas.
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, September 26, 2022
CALL TO ORDER:
PLEDGE TO THE FLAG:
ROLL CALL:
PRESENTATIONS:
1. Proclaiming Week of October 9-15, 2022 as National Fire Prevention Week - Sean Kavanaugh, Deputy Fire Chief, North County Fire Authority
APPROVAL OF MINUTES:
2. Regular Meeting of September 12, 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:
3. Adopt Resolution in Support of the Caution Against Racially and Exploitative Non-Emergencies (CAREN) Act
4. Adopt Resolution in Support of Mickelson Therapy Pool
5. Commend Jose Corea on the Occasion of his Retirement
6. Set Time and Place for a Public Hearing on the Appeal of Administrative Use Permit AUP-5- 22-15728 (Wireless Facility Use Permit Modification (AT&T)) at 1000 Crocker Avenue (APN 004-450-130) Set Hearing 10/24/22
7. Accept Final Subdivision Improvements for the Habitat Geneva Development Located at 3001 Geneva Avenue
8. Adopt Memorandum of Understanding and Salary Schedule between the City of Daly City and Teamsters Local 856 Safety Inspectors Unit
Agenda – City Council
Monday, September 26, 2022
9. Adopt Memorandum of Understanding and Salary Schedule between the City of Daly City and Teamsters Local 856 Police Assistants Unit and Approval of Proposed Revision of the Police Assistant II Job Specification
10. Adopt Memorandum of Understanding and Salary Schedule between the City of Daly City and Teamsters Local 856 Clerical/Technical Unit, Approval of Proposed Revision of the Permit Assistant Job Specification and Assignment of Permit Assistant II to Range 37Z of the Teamsters Clerical Technical Salary Schedule
11. Adopt Memorandum of Understanding and Salary Schedule between the City of Daly City and International Union of Operating Engineers Stationary Engineers Local 39 Operating Engineers Unit
12. Adopt Memorandum of Understanding and Salary Schedule between the City of Daly City and International Union of Operating Engineers Stationary Engineers Local 39 Plant Maintenance Unit
13. Adopt Memorandum of Understanding and Salary Schedule between the City of Daly City and Economic Community Development Professional Staff Association (ECDPSA)
END OF CONSENT AGENDA
COMMUNICATIONS:
14. Response to the San Mateo County Civil Grand Jury Report “The Other Water Worry: Is Your Water Provider Prepared for the Big One”
STAFF: Joshua Cosgrove
RECOMMENDATION: Motion to approve
15. Developer Selection and Authorization to Prepare an Agreement to Negotiate Exclusively for 1837 Junipero Serra Blvd. Daly City, California
STAFF: Tatum Mothershead
RECOMMENDATION: Council Determination
Agenda – City Council
Monday, September 26, 2022
ORDINANCES:
16. Second Reading, Ordinance No. 1459, Amending the Zoning Map Re: Planned Development Standards - PD-60 B - Westlake
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
REPORTS:
17. Council Committee
18. City Council
19. Staff
ADJOURNMENT:
PROCLAMATION
NATIONAL FIRE PREVENTION WEEK
WHEREAS, the City of Daly City and the North County Fire Authority are committed to ensuring the safety and security of all those living in and visiting Daly City; and WHEREAS, fire is a serious public safety concern both locally and nationally and homes are the locations where people are at greatest risk from fire; and WHEREAS,according to National Fire Protection Association, at home, the place people feel safest from fire, is where they are at the greatest risk; and WHEREAS,when a home fire does occur, it’s more likely to be serious; people are more likely to die in a home fire today than they were in 1980; and WHEREAS,seventy four percent of all U.S. fire deaths occur in homes; and WHEREAS, making sure your home escape plan meets the needs of all your family members, including those with sensory or physical disabilities; and WHEREAS, Daly City residents should install smoke alarms inside every sleeping room, outside each separate sleeping area, and on every level of your home; and WHEREAS,Daly City residents should know two ways out of every room, if possible. Make sure all doors and windows open easily; and
WHEREAS,Daly City residents should identify an outside meeting place a safe distance from your home where everyone should meet; and
WHEREAS,Daly City residents should practice a home fire drill at least twice a year with everyone in the household to include a day and night drill; and WHEREAS,“Fire Won’t Wait. Plan Your Escape” is the 2022 National Fire Prevention Week theme which reinforces the critical importance of developing a home escape plan with all members of the household and practicing it regularly.
NOW, THEREFORE, I, ROD DAUS-MAGBUAL, Mayor and members of the City Council do hereby proclaim October 9-15, 2022, as National Fire Prevention Week throughout this City, and we urge all the people of Daly City to be aware of their surroundings, look for available ways out in the event of a fire or other emergency, respond when the smoke alarm sounds by exiting the building immediately, and to support the many public safety activities and efforts of North County Fire Authority and emergency services during National Fire Prevention Week 2022.
Signed and sealed by the Mayor and City Council of the City of Daly City this 26th day of September 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
SEPTEMBER 12, 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:
Tom Piccolotti, Interim City Manager
Rose L. Zimmerman, City Attorney
K. Annette Hipona, City Clerk
PRESENTATIONS:
Proclamation – Suicide Prevention Month
(Sheri Bowles, San Mateo County Suicide Committee)
Proclamation -National Preparedness Month
(Matt Peterson, Battalion Chief, North County Fire Authority)
APPROVAL OF MINUTES:
Regular Meeting of July 25, 2022 and Special Meeting of August 8, 2022
It was moved by Councilmember Manalo, seconded by Councilmember DiGiovanni and carried to approve the minutes of July 25, 2022 and August 8, 2022.
APPROVAL OF AGENDA:
It was moved by Council DiGiovanni, seconded by Councilmember Manalo and carried to approve the agenda with the amendment to move item #27 directly after the Consent Agenda and to remove item #26 from the agenda.
CONSENT AGENDA:
It was moved by Councilmember Sylvester, seconded by Councilmember DiGiovanni and carried to approve the consent agenda except for items #7, 11, 14, and 18, which were removed for discussion.
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 12, 2022
2 Communications:
Accepting 2022 Qtr. 2 Investment Report
Resolutions:
Approving Employment Agreement of Interim City Manager
Resolution 22-138, Approving An Employment Agreement With Thomas Piccolotti To Serve As Interim City Manager
Authorizing the Interim City Manager to Execute an Agreement for Financing Two New Pierce Fire Engines
Resolution 22-139, Authorizing Execution Of An Agreement With Community Leasing Partners For The Financing Of Two New Pierce Fire Engines
Approving Consolidated Annual Performance Evaluation Report (CAPER) for the Fiscal Year (FY) 2021-22 One-Year Action Plan
Housing Coordinator Lenelle Suliguin provided the staff report for the CAPER and included a summary of the allocations and expenditures of the CDBG and CDBG-CV funds for fiscal year 2021-22.
It was moved by Councilmember Manalo, seconded by Councilmember DiGiovanni and carried by voice vote to adopt the following resolution:
Resolution 22-140, Approving Submission To The Federal Department Of Housing And Urban Development (HUD) For Fiscal Year 2021-2022 Consolidated Annual Performance Evaluation Report For The Community Development Block Grant And Home Programs
Adopting Memorandum of Understanding and Salary Schedule between the City of Daly City and Police Officers Association
Resolution 22- 141, Adopting Composite Summary Memorandum Of Understanding With The Daly City Police Officers Association (July 1, 2022 Through June 30, 2024)
Adopting Memorandum of Understanding and Salary Schedule between the City of Daly City and Police Management
Resolution 22- 142, Adopting Composite Summary Memorandum Of Understanding With The Daly City Police Management Association (July 1, 2022 Through June 30, 2024)
Adopting Memorandum of Understanding and Salary Schedule between the City of Daly City and San Mateo County International Association of Firefighters Local 2400
Resolution 22-143, Adopting Composite Summary Memorandum Of Understanding With The San Mateo County International Association Of Firefighters Local 2400 (July 1, 2022 Through June 30, 2024)
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 12, 2022
3 Accepting and Appropriating a $5,000 Parks Pass Grant from the California State Library
Library Services Manager Chela Anderson provided the staff report for the $5,000 grant with the recommendation to appropriate the full amount for building StoryWalks.
It was moved by Councilmember Manalo , seconded by Councilmember DiGiovanni and carried by voice vote to adopt the following resolution:
Resolution 22-144, Accepting And Appropriating Grant From The California State Library’s Parks Pass Grant Program For Building StoryWalks
Approving Vehicle Maintenance and Fuel Supply Agreement Between the City of Daly City and the City of South San Francisco
Resolution 22-145, Authorizing Execution Of Agreement Between The City Of Daly City And The City Of South San Francisco For Vehicle Maintenance And Fuel Supply
Approving Proposed Police Department Staffing Change - Reclassification of Police Records Clerk II to Account Clerk II
Resolution 22-146, Approving Reclassification Of Police Records Clerk II To Account Clerk II In Range 31Z Of The Teamster Clerical Technical
Authorizing Interim City Manager to Execute a Professional Services Agreement with Park Engineering for Mission Street Streetscape Project
Senior Engineer Roland Yip provided the staff report with the recommendation to execute the agreement in an amount not to exceed $118,000.
It was moved by Councilmember Manalo , seconded by Councilmember DiGiovanni and carried by voice vote to adopt the following resolution:
Resolution 22-147, Authorizing Executi on Of Professional Services Agreement With Park Engineering To Provide Construction Inspection Services For The Mission Street Streetscape Project
Authorizing Interim City Manager to Execute a Professional Services Agreement with Placeworks, Inc. for the Preparation of the Commercial Mixed-Use Zone Development
Resolution 22-148, Authorizing Execution Of Professional Services Agreement With Placeworks, Inc. For The Preparation Of The Commercial Mixed-Use Zone Development
Approving Proposed Revisions of Various AFSCME Job Specifications; Reassignment of Senior Recreation Services Supervisor to Range X065 of AFSCME Salary Schedule and Reclassification of Librarian IIs to Librarian IIIs (Civil Service)
Resolution 22-149, Approving Proposed Revisions Of Various AFSCME Job Specifications; Reassignment Of Senior Recreation Services Supervisor To Range X065 Of AFSCME Salary Schedule And Reclassification Of Librarian II To Librarian III (Civil Service)
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 12, 2022
4 Authorizing Interim City Manager to Execute an Agreement Between the City of Daly City and the Daly City Peninsula Partnership Collaborative (DCP) to Extend the Term to Manage the Community Service Center through June 30, 2025
Resolution 22-150, Authorizing Execution Of A Three-Year Contract Extension Between The City Of Daly City And The Daly City Partnership To Manage And Operate The Community Service Center
Accepting and Appropriating Funding from the County of San Mateo for the Second Course Meal Program
Recreation Services Manager Denise Brown provided the staff report with the recommendation to accept and appropriate funding ($390,000) to subsidize the County- sponsored “Second Course” meal program from July 1, 2022 through June 30, 2023.
It was mov ed by Councilmember Manalo , seconded by Councilmember DiGiovanni and carried by voice vote to adopt the following resolution:
Resolution 22-151, Approving And Authorizing Amendment #1 To Agreement With The County Of San Mateo For The Second Course Meal Program
Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361
Resolution 22-152, Authorizing Remote Teleconference Meetings By The City Council And All Boards, Commissions, And Standing Committees Of The City In Accordance With Assembly Bill 361 For A Period Of Thirty Days
Check Registers
Check Registers for the Month of July 2022
END OF CONSENT AGENDA
RESOLUTIONS:
Resolution Establishing Eviction Protections Due to Nonpayment of Rent and No-Fault Evictions for Residential Tenants Where the Failure to Pay Rents Results from Income Loss Resulting From COVID-19
City Attorney Rose Zimmerman presented the staff report for the proposed resolution and discussed legislation that was signed by Governor Newsom (SB 91, AB 2179) and the Mayor’s direction to prepare a draft resolution extending eviction protections for residential tenants through December 31, 2022.
Shane Sag isi, Legal Aid Society of San Mateo County, urged the Council to consider passing stronger eviction protections for tenants and stated the proposed resolution would have minimal impacts.
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 12, 2022
5 The following speakers supported the resolution and cited the following reasons: to protect tenants from displacement and prevent homelessness; unemployment; loss of income or fixed income due to the pandemic; the high price of housing; to protect the Daly City community; stresses on families’ mental health; landlord intimidation, the lengthy time to receive rent reliefs; and the resolution’s temporary but crucial timeframe. Speakers urged the Council to approve the resolution and thanked them for their time.
Lorena Melgarejo, Faith In Action (FIA) Nicole Banks, FIA Bernadette McDonalds, FIA Ethel Rodriguez, FIA
Rosendo (for Carolina Gaborette) Wendy Cruz, FIA
Melissa Mejia Natalie Guerrero
Elena Melendez John Jimenez
Bob Banks, FIA Christopher
Ramon Quintero, Anti-Displacement Coalition
The following speakers opposed the draft resolution and cited the following reasons: the mortgages and various expenses that landlords face ; unfair burden for landlords who are also struggling during the pandemic; disincentivizes property owners to create more housing units; the resolution’s lack of legal authority and the need for more research into this legislation; and errors in the resolution. Suggestions included having tax breaks, utility and license fee discounts, and more outreach for rental property owners.
Some landlords supported assisting tenants with the application process to receive rental relief.
Vhangee Mesa Rhovy Lyn Antonio, CA Apartment Association Jennifer L. Fernando Pena, San Mateo Association of Realtors Xin Ma Paul Beaudreau
Meina Young
The Council discussed the feedback they received from the public, thanked everyone who spoke, and provided questions to staff. Ms. Zimmerman addressed questions and concerns regarding which individuals the resolution applies to; whether the resolution had any legality; the narrative and intent of the draft resolution; clarifications on legislation AB 2179; whether the resolution was too broad in scope, and whether the resolution violates any laws. The Council provided direction on additional research and data they required to make a decision.
It was moved by Councilmember DiGiovanni, seconded by Mayor Daus-Magbual to adopt the resolution. The motion failed via the following roll call vote:
Ayes: DiGiovanni, Daus-Magbual
Noes: Buenaventura, Manalo, Sylvester
It was moved by Councilmember Manalo and seconded by Vice Mayor Buenaventura to table the existing item for further research and study. Councilmember Sylvester requested to amend the motion to include an opportunity to create an ordinance instead of a resolution . Councilmember Sylvester’s amendment was not accepted into the motion. Councilmember Manalo’s motion carried via the following roll call vote:
Ayes: Buenaventura, DiGiovanni, Manalo, Daus-Magbual
Noes: Sylvester
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 12, 2022
6 PUBLIC HEARINGS:
Westlake Shopping Center Mixed -Use Building (99 Southgate Avenue) – Zone Change ZC-04- 21- 014994 and Design Review DR-04-21-014995
Councilmember DiGiovanni recused herself from the item due to its location and left the meeting at 9:20 PM. Planning Manager Michael Van Lonkhuysen presented the staff report and Kimco Westlake’s request to construct a 214-unit mixed-use building at the site previously used by Burlington Coat Factory.
Mike Strauss, Kimco Representative, addressed questions and discussed concerns including – whether construction will be done in phases; whether affordable units will be dispersed o r concentrated; whether affordable housing can be increased from 10% to 20%; whether Daly City residents are given preference for units; whether prevailing wage will be utilized; and whether they have reached out to labor groups and have plans to use labor unions in the County.
It was moved by Councilmember Sylvester, seconded by Mayor Daus-Magbual and carried to open the public hearing.
Call In User, the Public, referred to the abundance of housing in the Westlake area and Daly City.
The Public voiced concern with the existing traffic congestion on John Daly Blvd., the potentially low vacancy rates, and the proposed building blocking views of current tenants who live in Westlake Village.
Rebecca Husted, D aly City/Colma Chamber of Commerc e President, referred to the community forums that were conducted by the Chamber of Commerce to assist Kimco Bay Relations to receive feedback on the matter.
It was moved by Councilmember Sylvester, seconded by Councilmember Manalo and carried to close the public hearing.
Mr. Strauss addressed questions on the community meeting s that were conducted , on pedestrian safety improvements, and the type of retail being considered for the project . Ms. Zimmerman clarified between the first reading and second reading of the ordinance and Ms. Mothershead clarified what is being voted on tonight. Mr. Strauss gave a presentation of Kimco’s proposal and long-term goals. Mr. Strauss was open to work in good faith efforts to use prevailing wage, labor unions and a PLA for the project.
It was moved by Councilmember Sylvester, seconded by Mayor Daus-Magbual and carried by voice vote for the City Attorney to read the ordinance by title only.
Mayor Daus-Magbual introduced the following ordinance:
Ordinance 1459, Amending The Daly City Zoning Map By Amending Ordinance No. 1316 Re:
Planned Development Standards For PD60B
It was moved by Councilmember Sylvester, seconded by Councilmember Manalo and carried to adopt the resolution by roll call vote:
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 12, 2022
7 Resolution 22-153, Adopting A Mitigated Negative Declaration, Adopting Mitigation Monitoring And Reporting Program , Adopting Findings Of Fact For Zone Change Z C-04-21-014994 And Design Review DR-04-21-014995 For Westlake Shopping Center Mixed-Use Building (99 Southgate Avenue)
Councilmember DiGiovanni rejoined the meeting at 10:36 PM.
COMMUNICATIONS:
Sacred Heart Cathedral Preparatory: Marchbank Park Proposal - Phil Freed, Director of Athletics
Interim City Manager Tom Piccolotti introduced Dr. Melinda Skrade, President, Sacred Heart Cathedral. Dr. Skrade presented Sacred Heart’s proposal for the use of Marchbank Park by the school after they make extensive upgrades, enhancements and investments to the playing field. Sacred Heart also proposes an annual rental fee of the field of $100,000 for 15 years. Phil Freed, Sacred Heart A thletic Director, discussed the long-term goals with the proposed project and referred to a prior similar project - the James P. Lang Field. Dr. Skrade highlighted the benefits of having a public/private partnership and summarized the terms of agreement.
Dr. Skrade, Mr. Freed and Verde Design addressed questions on community access to the park and programs, on the cost estimate for the project ($1.8 million), on the proposed hours of use, how the hours of use will affect the community’s use, and the possibility of including a dog run.
It was moved by Councilmember Manalo, seconded by Councilmember Sylvester and carried by voice vote to agendize the item at a future meeting.
Approval of Written Response to 2021/2022 San Mateo County Civil Grand Jury Report, “A Delicate Balance between Knowledge and Power: Government Transparency and the Public’s Right to Know”
City Attorney Rose Zimmerman presented the Grand Jury’s findings and recommendations for the City of Daly City and summarized the City’ proposed draft written response. According to Ms. Zimmerman, the City must provide a response to the Grand Jury no later than November 9, 2022.
It was moved by Councilmember DiGiovanni , seconded by Councilmember Manalo and carried by voice vote to approve the written response.
Considering Partnership with the University of the Philippines Alumni Association of San Francisco (UPAASF) "Fiesta in Daly City" Event at Gellert Park
Assistant City Manager Stephen Stolte presented the UPAASF’s proposal for partnership on the “Fiesta in Daly City” event on September 25 at Gellert Park. Mr. Stolte recommended that the City Council provide direction to staff on event partnership and fee waivers.
Liza Gino (UPAASF President), Edcelyn (Board member), and Chato Calderon (Vice President) provided background on their organization’s projects and provided information on the fiesta event at Gellert Park to celebrate the community and Filipino Cuisine.
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 12, 2022
8 It was moved by Councilmember Manalo, seconded by Councilmember DiGiovanni and carried by unanimous roll call vote to adopt the following resolution:
Resolution 22-154, Partnering With The University Of The Philippines Alumni Association Of San Francisco “Fiesta In Daly City” Event At Gellert Park And Authorizing Waiver Of Fees And Other Requirement For Rental Of The Gellert Park Picnic Shelter
AWARD OF BIDS/CONTRACTS:
Award of Construction Contract for the Mission Street Streetscape Project
Senior Civil Engineer Roland Yip provided recommendations to accept all bids for the project and award a construction contract to Sposeto Engineering, Inc. in the amount of $1,400,529.05. Director of Public Works Richard Chiu addressed questions and ensured that the department has implemented in its practice to do outreach targeting smaller, disadvantaged, minority-owned businesses in their advertisement process. Mr. Chiu also clarified that the City, as a public agency, is required to pay prevailing wages.
It was moved by Councilmember Manalo, seconded by Councilmember DiGiovanni and carried by unanimous roll call vote to adopt the following resolution:
Resolution 22- 155, Authorizing Execution Of Construction Contract For The Mission Street Streetscape Project
PUBLIC APPEARANCES/ORAL COMMUNICATIONS:
Lindsay Raike, CEO of Warm Water Wellness, encouraged Council to support the re-opening of the Mickelson Therapy Pool by way of a City resolution. Ms. Raike and her team collaborated with other cities and Supervisor David Canepa to seek support from the Attorney General to re-open the pool.
Call-In User 4, the Public, voiced concern about the time allotted for public commenter(s) at a previous meeting and the lack of communication or response from the City. The Public was in support of Sacred Heart School.
Call-In User6, Norm, voiced concern for not having enough funding for mental wellness and facilities, as they have major impacts on veterans and the community. Norm also requested having de- escalation training for law enforcement officers.
REPORTS:
City Council Committees: July 25 – September 12, 2022
Development Council Subcommittee (Daus-Magbual/Manalo)
Peninsula Clean Energy
(Diversity, Equity, Accessibility, and Inclusion Subcommittee) (Daus-Magbual) Cal Cities (League of Cities) (Manalo)
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 12, 2022
9 City Council
Councilmember Manalo was honored to be elected as President of the Cal Cities API Caucus and thanked Mayor Daus-Magbual for attending the swearing in ceremony. Councilmember Manalo voiced support for having a resolution for re-opening of the Mickelson Therapy Pool.
Mayor Daus-Magbual congratulated Councilmember Manalo for being elected President of the Cal Cities API Caucus and acknowledged her for representing Daly City in this capacity.
ADJOURNMENT:
Mayor Daus-Magbual adjourned the meeting on Tuesday, September 13, 2022 at 12:25 AM in memory of Gary Fox, Nancy McCarthy, Natividad P. Yuchingtat, and Jennifer Lealao.
Approved as submitted, this 26th
City Clerk
day of September , 2022.
Mayor
City Council Agenda ReportItem # _____
Considerati
Meeting Date: September 26, 2022
Subject: Adopting Resolution in Support of the Caution Against Racially and Exploitative Non-Emergencies (CAREN) Act
Recommended Action
Adopt a resolution in support of the Caution Against Racially and Exploitative Non-Emergencies (CAREN) Act.
Background
There have been numerous incidents across the country, Bay Area and Daly City involving individuals contacting law enforcement to report innocuous behavior as suspicious, or to falsely report alleged criminal behavior, for what appear to be solely discriminatory reasons. Daly City Police are contacted by individuals for the specific intent to discriminate against persons on the basis of race, color, ancestry, ethnicity, national origin, place of birth, sex, age religious affiliation, creed, disability, gender, sexual orientation, or gender identity, weight, or height.
Discussion
In order to prevent discriminatory law enforcement reports against people of color, the City Council may consider adopting this resolution to send a clear message that Daly City does not tolerate misuse of law enforcement.
The resolution is not intended to discourage individuals from contacting law enforcement when they are facing real danger or desire to report a crime.
Summary/Conclusion
Staff recommends that the City Council consider adopting the resolution in support of the Caution Against Racially and Exploitative Non-Emergencies (CAREN) Act.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Tom Piccolotti
Interim City Manager
Attachments: Resolution in Support of the Caution Against Racially and Exploitative Non- Emergencies (CAREN) Act
1 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DALY CITY IN SUPPORT
OF THE CAUTION AGAINST RACIALLY AND EXPLOITATIVE NON-EMERGENCIES (CAREN) ACT
WHEREAS, Daly City Police are contacted by individuals for the specific intent to discriminate against persons on the basis of race, color, ancestry, ethnicity, national origin, place of birth, sex, age religious affiliation, creed, disability, gender, sexual orientation, or gender identity, weight, or height; and
WHEREAS, there have been numerous incidents across the country, Bay Area and Daly City involving individuals contacting law enforcement to report innocuous behavior as suspicious, or to falsely report alleged criminal behavior, for what appear to be solely discriminatory reasons; and
WHEREAS, discriminatory law enforcement reports against people of color for racially motivated reasons are common enough that many people of color have experienced one or more incident of being contacted by law enforcement when engaging in normal day-to-day activities; and
WHEREAS, these incidents cause serious harm to the person falsely accused of a crime, cause anxiety and distrust among people of color, and put an unnecessary strain on law enforcement officers responding to frivolous and false calls; and WHEREAS, the misuse of law enforcement by members of the public to discriminate against others should not be tolerated and Daly City should take action to stop such behavior in every way possible;
WHEREAS, this resolution is not intended to discourage individuals from contacting law enforcement when they are facing real danger or desire to report a crime.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Daly City, California does hereby resolve support of the Caution Against Racially and Exploitative Non-Emergencies (CAREN) Act.
BE IT FURTHER RESOLVED that the city should consider creating a means for people who suffer this kind of discrimination to seek redress from those who have targeted them through a civil cause of action for damages that will discourage this type of behavior and provide a tangible way for these victims to be compensated for this wrong.
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DALY CITY IN SUPPORT
OF THE CAUTION AGAINST RACIALLY AND EXPLOITIVE NON-EMERGENCIES (CAREN) ACT
I hereby certify the foregoing to be a true copy of a Resolution adopted by the City Council of Daly City, California, at a regular meeting thereof held on the day of , 2022, by the following vote of the members thereof:
AYES, and in favor thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
CITY CLERK OF THE CITY OF DALY CITY
APPROVED:
MAYOR OF THE CITY OF DALY CITY
City Council Meeting Agenda ReportItem # _____
Meeting Date: September 26, 2022
Subject: Adopt Resolution in Support of Mickelson Therapy Pool Recommended Action
Adopt a resolution calling on Sutter Health to reopen the Mack E. Mickelson Arthritis and Rehabilitation Center Therapy Pool for community use at the Mills Health Center in San Mateo, with the same open access hours in place prior to January 2020.
Background/Discussion
The Mack E. Mickelson Arthritis and Rehabilitation Center Therapeutic Pool is an Americans with Disabilities Act accessible warm water therapy pool used by residents of all ages throughout San Mateo County with chronic pain, permanent disabilities, debilitating injuries, autoimmune disorders, and mobility impairments. The Mickelson Therapy Pool was constructed over 25 years ago using charitable contributions from residents of San Mateo County to serve as the centerpiece of an arthritis and rehabilitation center by Mills Peninsula.
The only pool in San Mateo County specifically designed for therapeutic use, it has been closed since March 2020, when the first shelter-in-place order went into effect. In 2021, Sutter Health announced that it would permanently close the Mickelson Therapy Pool to independent use by patrons despite the critical need for this facility.
Since last year, a group of pool users has formed a 501(c)(3), Warm Water Wellness, Inc., to advocate for the reopening of the pool. Over 4,800 patients, caregivers, and community members have signed a petition to reopen the Mickelson Therapy Pool to increase the health, independence, and dignity of those residents who rely upon it. The President of the group, Lindsay Raike, spoke during public comment at the September 12, 2022 City Council meeting to ask the Council to adopt a resolution calling on Sutter Health to reopen the pool. Staff received direction from the Mayor and City Council to place this item on the next agenda.
Fiscal Impact
None.
Summary/Conclusion
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Thomas J. Piccolotti Leilani Ramos
Interim City Manager Assistant to the City Manager
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DALY CITY SUPPORTING THE REOPENING OF THE MACK E. MICKELSON THERAPY POOL WHEREAS, the Mack E. Mickelson Therapy Pool (“Mickelson”) is an ADA- accessible warm water therapy pool located in San Mateo, California at Mills Health Center, which is operated by Sutter Health; and
WHEREAS, Mickelson was constructed over 25 year ago using charitable contributions from residents of San Mateo County as a centerpiece of an arthritis center created by Mills Peninsula; and
WHEREAS, for over 25 years, thousands of residents of San Mateo County who suffered, and many who continue to suffer, from health issues including permanent disabilities, debilitating injuries, autoimmune disorders, and mobility impairments – among others – used Mickelson to rehabilitate those health issues and mitigate physical decline; and WHEREAS, Mickelson is able to provide both preventative and interventionist therapies to residents of San Mateo County suffering from health issues; and WHEREAS, there is also an apparent and growing need for Mickelson and the services it provides due to San Mateo County’s rapidly increasing number of elderly residents who are highly likely to suffer from health issues requiring a warm water therapy pool; and WHEREAS, as the only pool of its kind in San Mateo County, there are no comparable warm water therapy pools that can adequately accommodate the residents of San Mateo County who previously relied upon Mickelson and are now suffering from acute and chronic physical pain and mental anguish without it; and
WHEREAS, closing Mickelson removes a valuable healthcare resource for people to assist them in daily activities; and
WHEREAS, over 4,800 patients, caregivers, and community members have signed a petition to reopen Mickelson in order to increase the health, independence, and dignity of residents who rely upon it,
NOW, THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City of Daly City that it does hereby support promptly reopening the Mack E. Mickelson Arthritis and Rehabilitation Center therapy pool for community use with the same open access hours that it had prior to January of 2020 as the most prudent option to preserve and improve the health of residents in San Mateo County who now rely upon or who will rely upon, warm water therapy to maintain their health, independence, and dignity.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DALY CITY SUPPORTING THE REOPENING OF THE MACK E. MICKELSON THERAPY POOL I hereby certify the foregoing to be a true copy of a Resolution adopted by the City Council of Daly City, California, at a regular meeting thereof held on the day of , 2022, by the following vote of the members thereof:
AYES, and in favor thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
CITY CLERK OF THE CITY OF DALY CITY
APPROVED:
MAYOR OF THE CITY OF DALY CITY
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DALY CITY
COMMENDING JOSE COREA ON THE OCCASION OF HIS RETIREMENT WHEREAS, JOSE COREA is retiring on October1, 2022, concluding 14 years of dedicated service with the City of Daly City; and
WHEREAS, JOSE started his career with the City of Daly City as a custodian in August of 2008 after working for Bechtel Group Inc. in downtown San Francisco for 30 years; and WHEREAS, JOSE’S first placement was cleaning the medical center in Daly City, then transitioning to the Bayshore Community Center where he truly enjoyed working and interacting with local youth even mentoring many of the kids that he still keeps in touch with to this day; and WHEREAS, after 8 years of service working at the Bayshore Community Center, JOSE reluctantly was re-assigned to City Hall where he will retire from; and WHEREAS, JOSE has enjoyed working at City Hall and for City management and has always understood the difficulty it takes to run all facets of the city and embodies the City’s mission and value statement; and
WHEREAS, JOSE has a wealth of knowledge in both the trade and city workings, communicates well with everyone he meets, is honest of what his capabilities are and is not afraid to ask for help when it may be needed, provides the best quality work possible, and is always willing to go above and beyond his job duties; and
WHEREAS, everyone that meets JOSE knows he is a man of integrity, a true team player, easily earning their trust and gaining their respect.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Daly City that it does hereby commend JOSE COREA for his many years of dedicated and outstanding service to the Daly City Community and extends its very best wishes to JOSE on the occasion of his retirement.
I hereby certify the foregoing to be a true copy of a Resolution adopted by the City Council of Daly City, California, at a regular meeting thereof held on the day of , 2022, by the following vote of the members thereof:
AYES, and in favor thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
CITY CLERK OF THE CITY OF DALY CITY
APPROVED:
MAYOR OF THE CITY OF DALY CITY
City Council Meeting Agenda ReportItem # _____
Meeting Date: September 26, 2022
Subject: Setting Time and Place for a Public Hearing on the Appeal of Administrative Use Permit AUP-5-22-15728 (Wireless Facility Use Permit Modification (AT&T)) at 1000 Crocker Avenue (APN 004-450-130)
Recommended Action
Set time and place for a public hearing on October 24, 2022, to consider the appeal filed against the approval of Administrative Use Permit AUP-5-22-15728.
Background
On July 13, 2022, the Planning Division approved Administrative Use Permit AUP-5-22-15728, which approved the modification of the existing wireless facility by relocating three (3) panel antennas and adding four (4) new panel antennas, for a net increase of four (4) antennas, and relocating the pole by 6’ to the west located on the hillside at 1000 Crocker Avenue in Daly City.
On July 18, 2022, Kun Lau, the appellant, filed a timely appeal of the approval of Administrative Use Permit AUP-5-22-15728. Under Daly City Municipal Code Section 17.49.050, the City Council is required to conduct a public hearing within ninety (90) days of the filing of an appeal of an administrative use permit.
Summary/Conclusion
Staff recommends that the City Council set October 24, 2022, at 7:00 p.m. as the date and time for a public hearing to consider the appeal of Administrative Use Permit AUP-5-22-15728.
Staff is available to provide any additional information desired by the Mayor or Council members.
Respectfully submitted,
Brian Paland Tatum Mothershead
Assistant Planner Director of Economic and Community Development
City Council Agenda ReportItem # _____
Meeting Date: September 26, 2022
Subject: Final Acceptance of the Subdivision Improvements for the Habitat Geneva Development Located at 3001 Geneva Avenue
Recommended Action
Staff recommends that the City Council adopt a resolution to accept the completion of subdivision improvements for the Habitat Geneva development located at 3001 Geneva Avenue and authorize the release of bonds in accordance with the Subdivision Improvement Agreement.
Background
On May 28, 2019, the City Council approved the tentative map for the Habitat Geneva development located at 3001 Geneva Avenue. In an effort to contribute to the affordability of the project, the City Council waived the park-in-lieu fees that would have otherwise applied to the project (Resolution 19-80). On February 24, 2020, the City Council approved the Subdivision Improvement Agreement and Final Map SUB-1-19-13832 for Habitat Geneva. Habitat Geneva is an affordable housing development consisting of six townhome-style residential condominium units at the northeast corner of Geneva Avenue and Schwerin Street proposed by Habitat for Humanity Greater San Francisco, Inc. (Subdivider).
Subdivision improvements associated with the construction of the project included street improvements, sidewalk, grading and drainage, water, sanitary sewer, streetlights, joint trench utilities, and landscaping. The total value of the subdivision improvements is $140,818.
On September 13, 2021, the City Council accepted an Emergency Access Easement from the Subdivider for a 4-foot wide emergency access along the north and east sides of the property.
Discussion
The Developer has completed the construction of improvements in accordance with the Subdivision Improvement Agreement, the plans and specifications, and to the satisfaction of the City Engineer.
The Developer provided bonds in the amount of $140,818, which may now be released in accordance with the terms of the Subdivision Improvement Agreement. A warranty bond in the amount of $14,081.80 will be held for a one-year period, in the event that any of the improvements fail within that time.
Fiscal Impact
The streets and water utilities in this area are already maintained by the City. Landscaping improvements along the property frontages will be maintained by the Subdivider. Sewer utilities are maintained by the Bayshore Sanitary District. There is no significant fiscal impact as a result of this action.
Final Acceptance of the Subdivision Improvements for the Habitat Geneva Development Located at 3001 Geneva Avenue
Meeting Date: September 26, 2022
Summary/Conclusion
Staff recommends that the City Council adopt a resolution to accept the completion of subdivision improvements for the Habitat Geneva development located at 3001 Geneva Avenue and authorize the release of bonds in accordance with the Subdivision Improvement Agreement.
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
City Council Meeting Agenda ReportItem # _____
Meeting Date: September 26, 2022
Subject: Adoption of Memorandum of Understanding and Salary Schedule between the City of Daly City and Teamsters Local 856 Safety Inspectors Unit Recommended Action
Staff recommends that the City Council adopt by resolution the Memorandum of Understanding and salary schedule between the City of Daly City and Teamsters Local 856 Safety Inspectors Unit.
Discussion
The management “meet and confer” representatives designated by the City Council of the City of Daly City have met and conferred in good faith with the representatives of the Teamsters Local 856 Safety Inspectors Unit and, as a result, have arrived at a Memorandum of Understanding concerning wages, hours and conditions of employment as follows:
Cost of Living Adjustment:
Effective the first full pay period of August 2022 - 4% salary increase Effective the first full pay period of August 2023 - 4% salary increase Effective the first full pay period of August 2024 - 4% salary increase Standby Pay:
Effective in the first full pay period of August 2022, the parties agree to increase Standby Pay to $8.50 per hour.
Juneteenth:
The parties agree to add Juneteenth (celebrated) to the list of holidays.
Fiscal Impact
The City will need to increase the General Fund budget for FY 2023 to accommodate the salary and benefit increases proposed as part of the three-year contract with the Teamsters Safety Inspectors Unit. These budget increases will be brought together with all other budget increases resulting from labor negotiations as part of the mid-year adjustments, most likely in February or March. Staff estimates that the General Fund budget deficit for FY 2023 will increase by about $2.32 million to $4.87 million because of salary and benefits changes resulting from labor negotiations.
Summary/Conclusion
Staff requests that the City Council adopt the Memorandum of Understanding between the City of Daly City and Teamsters Local 856 Safety Inspectors Unit for the period of August 1, 2022, through July 31, 2025.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
City Council Agenda Report
Subject: Adoption of Memorandum of Understanding and Salary Schedule between the City of Daly City and
Meeting Date: September 26, 2022
Respectfully submitted,
Natalie Sakkal
Director of Human Resources
CITY OF DALY CITY APPROVED BY
JOB SPECIFICATION PERSONNEL BOARD: 01/08/2009 CITY COUNCIL: 03/09/2009
RES. NO.: 09-24
POLICE ASSISTANT II
DEFINITION
Under general supervision, performs parking enforcement activities; occasionally performs a variety of routine law enforcement activities, including serving subpoenas, fingerprinting, relieving at the complaint desk, and processing abandoned vehicles; performs other related duties as required. This is not a sworn Peace Officer position; no weapon will be authorized.
EXAMPLES OF DUTIES
Performs assigned duties relative to parki ng enforcement which ar e of a routine and limited nature, including enforcement of parking regulations, observes and marks parked cars, issues parking citations, contacts vehi cle tow service for removal of cars parked illegally, and explains parking r egulations to motorists. Ot her responsibilities include directing traffic, carrying out school securi ty checks, police station security checks, processes abandoned vehicles and animal comp laints, handles transportation details, prepares reports of actions taken and unusual incidents observed; testifies in court when citations are contested; and fingerprints citizens.
Emphasis One:
Community Services Officer
Provides support to the Field Operations Bureau by responding to a variety of incidents and completing investigations and reports concerning such incidents. Collects and processes evidence from crime scenes an d investigates and completes reports concerning traffic collisions.
Emphasis Two:
Property and Evidence Technician
Performs property and evidence duties including intake, classification, tracking, disposal, and release duties. Works primarily in the Police Property Room. Interacts with personnel from within the Police Department, the court system, and the County crime laboratory.
Emphasis Three:Two
Court Liaison
Reviews official police records such as arrest reports and associated documents.
Determines timelines and official tasks associated with court documents and incarcerated individuals. Conveys official documents to t he District Attorney’s office for filing of
JOB SPECIFICATION
POLICE ASSISTANT II (PAGE 2)
charges. Represents the Daly City Police Department at the San Mateo County Courts.
MINIMUM QUALIFICATIONS
Ability to: Understand and follow verbal and written directions and Department rules and regulations; learn standard broadcasting procedures of a police radio; prepare clear and concise written reports; observe accurate ly and remember names, faces, numbers, incidents and places, think and act quickly in emergencies, inte ract positively and cooperate with co-workers, res pond politely to customers, work as a team member, function under demanding time pressure, respond in a positive manner to supervision, and attend work and perform duties on a regular and consistent basis.
Education: Graduation from high school or equivalent.
Experienc
e: One Two years of experience as a Police Assistant.
Age: Must be 18 years of age for entrance.
Physical: Have the physical strength, stamina, and agility adequat e to perform all duties
of a Police Assistant II.
License: Possession of a valid Class C California Driver's License.
R: 01/099/22
Approved:
Date:
09/12/2022
City Council Meeting Agenda ReportItem # _____
Meeting Date: September 26, 2022
Subject: Adoption of Memorandum of Understanding and Salary Schedule between the City of Daly City and Teamsters Local 856 Police Assistants Unit, Approval of Proposed Revision of the Police Assistant II Job Specification and Reassignment of Community Services Officer to Range D 030 of the Teamsters Police Assistants Salary Schedule Recommended Action
Staff recommends that the City Council approve the following:
1. Adopt by resolution the Memorandum of Understanding and salary schedule between the City of Daly City and Teamsters Local 856 Police Assistants Unit.
2. Adopt the proposed revision to the Police Assistant II job specification (attached) and adjustment of the Police Assistant II salary range to be 5% above Police Assistant I.
3. Reassignment of the Community Services Officer from Range D 027 to Range D 030 of the Teamsters Police Assistants salary schedule.
Discussion
The management “meet and confer” representatives designated by the City Council of the City of Daly City have met and conferred in good faith with the representatives of the Teamsters Local 856 Police Assistants Unit and, as a result, have arrived at a Memorandum of Understanding concerning wages, hours and conditions of employment as follows:
Cost of Living Adjustment:
Effective the first full pay period of September 2022 - 4% salary increase Effective the first full pay period of September 2023 - 4% salary increase Effective the first full pay period of September 2024 - 4% salary increase Police Assistant II and Community Services Officer Salary Ranges The Police Assistant II salary range will be adjusted to be 5% above Police Assistant I and Community Services Officer salary range to be 10% above Police Assistant I. The Community Services Officer will be reassigned from Range D 027 to Range D 030 of the Teamsters Police Assistants salary schedule.
Juneteenth
The parties agree to add Juneteenth (celebrated) to the list of holidays.
Fiscal Impact
The City will need to increase the General Fund budget for FY 2023 to accommodate the salary and
City Council Agenda Report
Subject: Adoption of Memorandum of Understanding and Salary Schedule between the City of Daly City and Meeting Date: September 26, 2022
benefit increases proposed as part of the three-year contract with the Teamsters Police Assistants Unit. These budget increases will be brought together with all other budget increases resulting from labor negotiations as part of the mid-year adjustments, most likely in February or March. Staff estimates that the General Fund budget deficit for FY 2023 will increase by about $2.32 million to $4.87 million because of salary and benefits changes resulting from labor negotiations.
Summary/Conclusion
Staff requests that the City Council adopt the Memorandum of Understanding between the City of Daly City and Teamsters Local 856 Police Assistants Unit for the period of September 1, 2022, through August 31, 2025.
The Interim City Manager has approved the proposed civil service job specification and the City has met and conferred in good faith with the affected bargaining unit and, as a result, have agreed to the proposed job specification change. Staff is recommending that the City Council approve the proposed Police Assistant II job specification.
Staff is also recommending that the City Council approve the adjustment of the Police Assistant II salary range to be 5% above Police Assistant I and the Community Services Officer be reassigned to Range D 030 of the Teamsters Police Assistants salary schedule.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Natalie Sakkal
Director of Human Resources
City Council Meeting Agenda ReportItem # _____
Meeting Date: September 26, 2022
Subject: Adoption of Memorandum of Understanding and Salary Schedule between the City of Daly City and Teamsters Local 856 Clerical/Technical Unit, Approval of Proposed Revision of the Permit Assistant Job Specification and Assignment of Permit Assistant II to Range 37Z of the Teamsters Clerical Technical Salary Schedule
Recommended Action
1. Staff recommends that the City Council adopt by resolution the Memorandum of Understanding and salary schedule between the City of Daly City and Teamsters Local 856 Clerical/Technical Unit.
2. Staff recommends that the City Council adopt the proposed revision to the following job specification
oPermit Assistant to Permit Assistant I/II (attached)
3. Staff recommends that the Permit Assistant II classification be assigned to Range 37Z of the Teamsters Clerical Technical salary schedule.
Discussion
The management “meet and confer” representatives designated by the City Council of the City of Daly City have met and conferred in good faith with the representatives of the Teamsters Local 856 Clerical/Technical Unit and, as a result, have arrived at a Memorandum of Understanding concerning wages, hours and conditions of employment as follows:
Cost of Living Adjustment:
Effective the first full pay period of September 2022 - 4% salary increase Effective the first full pay period of September 2023 - 4% salary increase Effective the first full pay period of September 2024 - 4% salary increase Permit Assistant I/II
The City is proposing to revise the existing Permit Assistant job specification to create a Permit Assistant I/II Job Specification and assign the Permit Assistant II classification to the Teamsters Clerical Technical salary range 37Z (equivalent to Miscellaneous salary range U 040). The Permit Assistant I will remain at salary range 30Z of the Teamsters Clerical Technical salary schedule.
Juneteenth:
The parties agree to add Juneteenth (celebrated) to the list of holidays.
City Council Agenda Report
Subject: Adoption of Memorandum of Understanding and Salary Schedule between the City of Daly City and Teamsters Local 856 Clerical/Technical Unit
Meeting Date: September 26, 2022
Fiscal Impact
The City will need to increase the General Fund budget for FY 2023 to accommodate the salary and benefit increases proposed as part of the three-year contract with the Teamsters Clerical/Technical unit. These budget increases will be brought together with all other budget increases resulting from labor negotiations as part of the mid-year adjustments, most likely in February or March. Staff estimates that the General Fund budget deficit for FY 2023 will increase by about $2.32 million to $4.87 million because of salary and benefits changes resulting from labor negotiations.
Summary/Conclusion
Staff requests that the City Council adopt the Memorandum of Understanding between the City of Daly City and Teamsters Local 856 Clerical/Technical Unit for the period of September 1, 2022, through August 31, 2025.
The Interim City Manager has approved the proposed civil service job specification and the City has met and conferred with the affected bargaining unit and, as a result have agreed to the proposed job specification change. Staff is recommending that the City Council approve the proposed Permit Assistant I/II job specification and assignment of the Permit Assistant II to Range 37Z of the Teamsters Clerical Technical salary schedule.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Natalie Sakkal
Director of Human Resources
CITY OF DALY CITY APPROVED BY
JOB SPECIFICATION PERSONNEL BOARD: 07/16/2015
CITY COUNCIL: 08/10/2015
RES. NO.: 15-130
PERMIT ASSISTANT I/II
DEFINITION
Permit Assistant I: Under general supervision, the Permit Assistant I performs a variety of responsible clerical, adminis trative and technical office work exercising independent judgment and other related duties as required.
Permit Assistant II: Under direction, to per form similar, but more complex work, and is expected to have the competence and judgement to work more independently.
The Permit Assistant II class is flexibly st affed and normally filled by advancement from the Permit Assistant I class, or when filled from the outside, require pr ior experience.
Under the flexible staffing concept, if the Permit Assistant II position becomes vacant it may reasonably be filled at the Permit Assistant I position for training purposes or when filled from the outside, require specific public works and permitting experience. Appointment to this class requires the employee to be performi ng substantially the full range of technical office duties and to meet the qualification st andards for the class. The class requires the ability to work independently exercising judgment and initiative.
CLASSIFICATION CHARACTERISTICS
The Permit Assistant position may be assigned to either the Economic and Community Development Department or Public Works Department.
EXAMPLES OF DUTIES
Provides essential support activities to management staff, including the Department Head.
Assembles, prepares, proofs and processes final c opies of reports, letters, case records, lists, receipts, legal documents, agendas, requi sitions, permits, licenses, charts, and estimates. Prepare forms, report templates and similar documents, as well as other clerical and administrative functions relat ed to Department operations. Utilize software applications to run reports and analyze Makes and checks simple arithmetical computations; checks and tabulates statistical data. Sets up and maintains records and indexes and files. Monitor and assist in the operation of online permit issuance, plan check, inspection requests, and records requests using software applicatiitonsan automated land use data bases system . Operates a variety of current office machines, including but not limited to computers, mobile devices, printers, typewriters, copi ers, adding and facsimile machines. Answers and routes telephone calls, inquiries, request for service, etc. for one or more divisions, effectively and efficiently responding to public and intra-office inquiries.
Greets and assists members of the public and business visitors regarding a variety of permit process requirements and completi ng applications for permits. Receives,
JOB SPECIFICATION
PERMIT ASSISTANT I/II (PAGE 2)
distributes, and dispatches intr a-office and US mail. Attend meetings. Performs related duties as assigned.
In addition to the issuance of permits and distribution of plan checks for intradepartmental review, this position will also distribute and track the plan case application process. The position will be versed in all permit types an d provide continuity and connectivity between all the permit activity throughout the Department. The position will be required to cover the permit counter when necessary which includes the review and issuance of a variety of permit applications, receipt and distribution of plans, and process re lated inquires, as needed. Coordinate with other Cit y department and divisions, and with outside agencies as needed.
Assignment to Economic and Community Development Department:
Conducts research on a variety of community development and permitting issues. Route, track, assemble, and facilitate the distribution of plans and related correspondences in the review of a variety of plans not specific to just the building division . Works extensively in Energov and MuniBase program s and cross-training of ba ck-up staff in Economic and Community Development Department for critical functions of the Permit Assistant position.
In the event that Public Works plans are received as part of a full development submittal at the ECD counter, this position will review and distribute, those plans as required.
Assignment to Public Works Department:
Conducts research, analyze and run reports on a variety of public works and permitting issues. Assist in the preparation of plan check comments, standards, procedures, guidelines, and tracking and monitoring of fees. Route, track, assemble, and facilitate the distribution of plans and related correspondences in the review of a variety of plans. Assist in the preparation of. Works extensively in various software applications Energov and MuniBase programs and cross-training of back-up staff in Public Works Department for critical functions of the Permit Assistant I/II position.
MINIMUM QUALIFICATIONS
Knowledge of: Appropriate business English including correct spelling, accepted grammar and punctuation and basi c arithmetic. Effe ctive verbal and quantitative skills as well as competent and effective use of software personal computer applications. Modern office procedures and methods in cluding scanning, filing and re cord keeping practices.
Construction drawings and blueprint reading of plans, specification, and estimates ; development construction types; inspection methods and procedures; office practices and thorough knowledge of City/departmental policies and procedures. Familiarity with Federal, state and municipal codes, or dinances, and regulations related to building construction,
JOB SPECIFICATION
PERMIT ASSISTANT I/II (PAGE 3)
site improvements, subdivis
ion process, utility construction, as well as improvements and encroachment within the City’s right-of-way.
Ability to: Permit Assistant I: Establish and maintain effective, tactful, positive and fair working relationships with property owners, developers, building contractors and the general public even in occa sionally hostile situations; review development permit applications for completeness and correctness; use assessor’s parcel map to locate property; calculate square foot age; input and access data using software applicationsa computer; accurately perform basic clerical work; follow oral and written instructions; work accurately without direct supervision; independently maintain routine records and complex files, prepare statistical, financial and technical operational reports, and learn and apply laws and regulations; interact posi tively and cooperate with co -workers, respond politely to customers, work as a team member, function under demanding time pressure, respond in a positive manner to supervision, and attend work and perform duties on a regular and consistent basis.
Permit Assistant II: In addition to the requirem ents of Permit Assistant I, perform work of a more complex nature including, but not li mited to, preparing complex reports, studies, analysis, procedures, and research of inside and outside agencies.
Ex
perience: Permit Assistant I: Three (3) years, full-time, paid, increasingly responsible clerical and public contact experience which includes at least twoone years of demonstrated current software computer application competency and one year of public contact work in a similar enforcement or permitting department or agency or experi ence with land use regulations, the building process, or construction. Additional education beyond high school may be substituted for the required experience on the basis that one year of education equals six months of experience to utilize a maximum of tw o years of additional education. The substitution of two years of education for one year of experience doe s not eliminate the requirement of two a full years of demonstrated current softwarecomputer application competency.
Permit Assistant II: Four (4) years, full-time, paid, increasingly responsible clerical or public contact experience which includes at leas t three years of demonstrated current computersoftware application competency and two years of public contact work in a similar enforcement or permitting department or agency or experience with land use regulations, the building process, or construction.
Education
: Permit Assistant I: Graduation from high school or equivalent.
Permit
Assistant II: Graduation from high school or equivalent supplemented by college level coursework in architecture, construction, civil engineering, planning, or a related field.
JOB SPECIFICATION
PERMIT ASSISTANT I/II (PAGE 4)
License: Possessio
n of a valid Class C Californi a Driver’s License and an acceptable driving record.
R: 7/9/201509/2022
Approved:
Date:
09/12/2022
City Council Meeting Agenda ReportItem # _____
Meeting Date: September 26, 2022
Subject: Adoption of Memorandum of Understanding and Salary Schedule between the City of Daly City and International Union of Operating Engineers Stationary Engineers Local 39 Operating Engineers Unit
Recommended Action
That the City Council adopt by resolution the Memorandum of Understanding and salary schedule between the City of Daly City and International Union of Operating Engineers Stationary Engineers Local 39 Operating Engineers Unit
Discussion
The management “meet and confer” representatives designated by the City Council of the City of Daly City have met and conferred in good faith with the representatives of the International Union of Operating Engineers Stationary Engineers Local 39 Operating Engineers Unit and, as a result, have arrived at a Memorandum of Understanding concerning wages, hours and conditions of employment as follows:
Cost of Living Adjustment:
Effective the first full pay period of September 2022 - 4% salary increase Effective the first full pay period of September 2023 - 4% salary increase Effective the first full pay period of September 2024 - 4% salary increase Certification Pay:
Effective in the first full pay period of September 2022, certification pay will increase from 4% to 5% per grade. Maximum eligibility increases from 20% to 25% total.
Shift Differential Pay:
Effective in the first full pay period of September 2022, 2023 and 2024, shift differential pay will increase as follows:
a. Year 1: $4/hour
b. Year 2: $5/hour
c. Year 3: $6/hour
Juneteenth:
The Juneteenth holiday (celebrated) will be added to the list of holidays.
City Council Agenda Report
Subject: Adoption of Memorandum of Understanding and Salary Schedule between the City of Daly City and International Union of Operating Engineers Stationary Engineers Local 39 Operating Engineers Unit
Meeting Date: September 26, 2022
Safety Eyewear:
The City will provide reimbursement of up to $200 for every 24-month period for City approved prescription safety eyewear.
Safety Footwear:
The City shall reimburse members up to three hundred fifty dollars for the purchase and/or repair of safety footwear (including socks/boot laces/inserts) as needed, subject to prior approval of the supervisor and upon presentation of a valid receipt for actual purpose.
Fiscal Impact
The City will need to increase the budgets for the two Enterprise Funds, the Water Utility Fund (Fund 41) and the Sanitation District Fund (Fund 87), for FY 2023 to accommodate the salary and benefit increases proposed as part of the three-year contract with the Local 39 Operating Engineers Unit. City staff estimates a budget increase of about $62,700 for Fund 41 and $156,600 for Fund 87 for FY 2023. These budget increases will be brought together with all other budget increases resulting from labor negotiations as part of the mid-year adjustments, most likely in February or March.
Summary/Conclusion
Staff requests that the City Council adopt the Memorandum of Understanding between the City of Daly City and International Union of Operating Engineers Stationary Engineers Local 39 Operating Engineers Unit for the period of September 1, 2022, through August 31, 2025.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Natalie Sakkal
Director of Human Resources
City Council Meeting Agenda ReportItem # _____
Meeting Date: September 26, 2022
Subject: Adoption of Memorandum of Understanding and Salary Schedule between the City of Daly City and International Union of Operating Engineers Stationary Engineers Local 39 Plant Maintenance Unit
Recommended Action
Staff recommends that the City Council adopt by resolution the Memorandum of Understanding and salary schedule between the City of Daly City and International Union of Operating Engineers Stationary Engineers Local 39 Plant Maintenance Unit.
.
Discussion
The management “meet and confer” representatives designated by the City Council of the City of Daly City have met and conferred in good faith with the representatives of the International Union of Operating Engineers Stationary Engineers Local 39 Plant Maintenance Unit and, as a result, have arrived at a Memorandum of Understanding concerning wages, hours and conditions of employment as follows:
Cost of Living Adjustment:
Effective the first full pay period of September 2022 - 4% salary increase Effective the first full pay period of September 2023 - 4% salary increase Effective the first full pay period of September 2024 - 4% salary increase Educational Incentive/Certification Pay:
Effective in the first full pay period of September 2022, the current certification pay will increase from 4% to 5% per grade. Maximum eligibility increases from 16% total to 20% total OR from 20% total to 25% total, depending on the classification.
Standby Pay:
Effective in the first full pay period of September 2022, the City agrees to increase Standby Pay from $80/day to $100/day.
Juneteenth:
The Juneteenth holiday (celebrated) will be added to the list of holidays.
Fiscal Impact
The City will need to increase the budgets for the two Enterprise Funds, the Water Utility Fund (Fund 41) and the Sanitation District Fund (Fund 87), for FY 2023 to accommodate the salary and benefit increases proposed as part of the three-year contract with the Local 39 Plant Maintenance Unit. City staff estimates a budget increase of about $79,900 for Fund 41 and $233,900 for Fund 87 for FY 2023. These budget increases will be brought together with all other budget increases resulting from labor negotiations as part of the mid-year adjustments, most likely in February or March.
City Council Agenda Report
Subject: Adoption of Memorandum of Understanding and Salary Schedule between the City of Daly City and Meeting Date: September 26, 2022
Summary/Conclusion
Staff requests that the City Council adopt the Memorandum of Understanding between the City of Daly City and International Union of Operating Engineers Stationary Engineers Local 39 Plant Maintenance Unit.for the period of September 1, 2022, through August 31, 2025.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Natalie Sakkal
Director of Human Resources
City Council Meeting Agenda Report Item # _____
Meeting Date: September 26, 2022
Subject: Adoption Memorandum of Understanding and Salary Schedule between the City of Daly City and Economic Community Development Professional Staff Association (ECDPSA)
Recommended Action
Staff recommends that the City Council adopt by resolution the Memorandum of Understanding and salary schedule between the City of Daly City and Economic Community Development Professional Staff Association (ECDPSA).
Discussion
The management “meet and confer” representatives designated by the City Council of the City of Daly City have met and conferred in good faith with the representatives of the ECDPSA and, as a result, have arrived at a Memorandum of Understanding concerning wages, hours and conditions of employment as follows:
Cost of Living Adjustment:
• Effective the first full pay period of October 2022 - 4% salary increase • Effective the first full pay period of October 2023 - 4% salary increase • Effective the first full pay period of October 2024 - 4% salary increase
Juneteenth:
The Juneteenth holiday (celebrated) will be added to the list of holidays.
Fiscal Impact
The City will need to increase the General Fund budget for FY 2023 to accommodate the salary and benefit increases proposed as part of the three-year contract with the ECDPSA. These budget increases will be brought together with all other budget increases resulting from labor negotiations as part of the mid-year adjustments, most likely in February or March. Staff estimates that the General Fund budget deficit for FY 2023 will increase by about $2.32 million to $4.87 million because of salary and benefits changes resulting from labor negotiations.
Summary/Conclusion
Staff requests that the City Council adopt the Memorandum of Understanding between the City of Daly City and ECDPSA for the period of October 1, 2022, through September 30, 2025.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
City Council Agenda Report
Subject:
Meeting Date: September 26, 2022
Respectfully submitted,
Natalie Sakkal
Director of Human Resources
City Council Meeting Agenda ReportItem # _____
props
Meeting Date: September 26, 2022
Subject: Response to the San Mateo County Civil Grand Jury Report Recommended Action
City Council review, comment, and approve the formal response to the San Mateo County Civil Grand Jury Report:
The Other Water Worry: Is Your Water Provider Prepared for the Big One.
Background/Discussion
The San Mateo County Civil Grand Jury released its “The Other Water Worry: Is Your Water Provider Prepared for the Big One” Report on August 5, 2022 and directed affected agencies to produce formal responses reviewed by their governing councils and boards at a public meeting. The report focuses on emergencies to regional and local water systems during disasters that could potentially impact water supply and resources. The City of Daly City met most of the findings and recommendations of the report and did not have to respond to Findings 3, 4, or 5 or Recommendations 3, 4, or 5. Two Findings in the report focus on the emergency response training outlined in the Emergency Response Plan (ERP) of the different water agencies in San Mateo County. Staff in the Department of Water and Wastewater Resources (DWWR) along with engineering consultants developed the ERP in 2020 and finalized it 2021. As part of the ERP development process and through the DWWR Training Program, many of the specific training topics specified in the document were completed. However, the table top exercise to train for emergency response to the City’s water system is not complete but scheduled to take place later this year.
In the San Mateo County Civil Grand Jury report, they made the following findings and recommendations for the City of Daly City (included are our staff responses):
FINDINGS
F1. The water provider was unable to demonstrate that it conducts the emergency exercises specified by its ERP, which may compromise its ability to supply water following a catastrophic interruption in water distribution service.
Response:
The City disagrees partially with the finding. The City of Daly City Emergency Response Plan (ERP), developed in 2020 and finalized in 2021, specifies training such as providing information to employees on emergency preparedness, giving employees an opportunity to assess preparedness at work and home, and determine whether policies and procedures exist to handle specific situations which may arise during an emergency. It also specifies training on CPR Basic First Aid, fire extinguisher, and fire prevention. The training may be met through the use of videos, information handouts, table top exercises, plant evacuation drills, and discussions. The City has done many of these trainings and can provide documentation but has not completed the table top exercise of emergency response to the water system.
Staff is working with engineering consultants and California Water/Wastewater Agency Response Network (CalWARN) to complete the table top exercise training before March 31, 2023.
F2. The water provider was not able to produce documentation analyzing past exercises to test readiness and improve their performance, which may compromise its ability to supply water following a catastrophic interruption in water distribution service.
Response:
The City disagrees partially with the finding. The ERP, developed in 2020 and finalized in 2021, specifies training such as providing information to employees on emergency preparedness, giving employees an opportunity to assess preparedness at work and home, and determine whether policies and procedures exist to handle specific situations which may arise during an emergency. It also specifies training on CPR Basic First Aid, fire extinguisher, and fire prevention. The training may be met through the use of videos, information handouts, table top exercises, plant evacuation drills, and discussions. The City has done many of these trainings and can provide documentation but has
City Council Agenda Report
Subject: Response to the San Mateo County Civil Grand Jury Report Meeting Date: September 26, 2022
not completed the table top exercise of emergency response to the water system. Staff is working with engineering consultants and California Water/Wastewater Agency Response Network (CalWARN) to complete the table top exercise training before March 31, 2023.
RECOMMENDATIONS:
R1. The Grand Jury recommends that, by March 31, 2023, the water provider perform emergency preparedness exercises consistent with its emergency response plan.
Response:
The City has not yet implemented this recommendation but will by March 31, 2023. The City is currently working with its engineering consultants and California Water/Wastewater Agency Response Network (CalWARN) to complete the table top exercise specified by the City’s ERP. This exercise will include information on key facilities, emergency response roles, communication methods, public notification information, response actions and procedures, mitigation actions, and detection strategies. It will include incident action checklists for the possible water supply catastrophes like earthquake(s), drought, cybersecurity, flooding, wildfire, etc.
R2. The Grand Jury recommends that, by March 31, 2023, the water provider perform an analysis and document an After-Action Report consistent with its emergency response plan.
Response:
The City has not yet implemented this recommendation but will by March 31, 2023. The City is currently working with its engineering consultants and CalWARN to complete the exercise specified by the City’s ERP. As part of this emergency preparedness exercise, the City and consultants will perform an analysis and document an After-Action Report that is consistent the Emergency Response Plan.
Fiscal Impact
There is no fiscal impact.
Summary/Conclusion
City Council review, comment and approve the formal response to the San Mateo County Civil Grand Jury Report: The Other Water Worry: Is Your Water Provider Prepared for the Big One.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Thomas J. Piccolotti Joshua Cosgrove
Interim City Manager Acting Director of Water and Wastewater Resources Attachment:
1. Draft Response to Civil Grand Jury 2022
oFFICE OF THE CITY MANAGER
CITY OF DALY CITY
333 – 90TH STREET
DALY CITY, CA 94015-1895
(650) 991-8127
September 27, 2022
Honorable Amarra A. Lee
Judge of the Superior Court
c/o Jenarda Dubois
Civil Grand Jury Coordinator
Hall of Justice
400 County Center, 2nd floor
Redwood City, CA 94063-1655
Subject: To what extent are water providers in San Mateo County prepared to supply water to customers in the event of a major seismic catastrophe?
Dear Honorable Judge Amarra A. Lee,
On behalf of the City Council of the City of Daly City, I have been requested to submit for the City the following responses to the Civil Grand Jury findings to the above referenced report. The City Council met at the September 26, 2022 Council Meeting, reviewed the response below, and approved sending this letter.
FINDINGS
F1. The water provider was unable to demonstrate that it conducts the emergency exercises specified by its ERP, which may compromise its ability to supply water following a catastrophic interruption in water distribution service.
Response:
The City disagrees partially with the finding. The City of Daly City Emergency Response Plan (ERP), developed in 2020 and finalized in 2021, specifies training such as providing information to employees on emergency preparedness, giving employees an opportunity to assess preparedness at work and home, and determine whether policies and procedures exist to handle specific situations which may arise during an emergency. It also specifies training on CPR Basic First Aid, fire extinguisher, and fire prevention. The training may be met through the use of videos, information handouts, table top exercises, plant evacuation drills, and discussions. The City has done many of these trainings and can provide documentation but has not completed the table top exercise of emergency response to the water system. Staff is working with engineering consultants and California Water/Wastewater Agency Response Network (CalWARN) to complete the table top exercise training before March 31, 2023.
F2. The water provider was not able to produce documentation analyzing past exercises to test readiness and improve their performance, which may compromise its ability to supply water following a catastrophic interruption in water distribution service.
Response:
The City disagrees partially with the finding. The ERP, developed in 2020 and finalized in 2021, specifies training such as providing information to employees on emergency preparedness, giving employees an opportunity to assess preparedness at work and home, and determine whether policies and procedures exist to handle specific situations which may arise during an
emergency. It also specifies training on CPR Basic First Aid, fire extinguisher, and fire prevention. The training may be met through the use of videos, information handouts, table top exercises, plant evacuation drills, and discussions. The City has done many of these trainings and can provide documentation but has not completed the table top exercise of emergency response to the water system. Staff is working with engineering consultants and California Water/Wastewater Agency Response Network (CalWARN) to complete the table top exercise training before March 31, 2023.
RECOMMENDATIONS:
R1. The Grand Jury recommends that, by March 31, 2023, the water provider perform emergency preparedness exercises consistent with its emergency response plan.
Response:
The City has not yet implemented this recommendation but will by March 31, 2023. The City is currently working with its engineering consultants and California Water/Wastewater Agency Response Network (CalWARN) to complete the table top exercise specified by the City’s ERP. This exercise will include information on key facilities, emergency response roles, communication methods, public notification information, response actions and procedures, mitigation actions, and detection strategies. It will include incident action checklists for the possible water supply catastrophes like earthquake(s), drought, cybersecurity, flooding, wildfire, etc.
R2. The Grand Jury recommends that, by March 31, 2023, the water provider perform an analysis and document an After- Action Report consistent with its emergency response plan.
Response:
The City has not yet implemented this recommendation but will by March 31, 2023. The City is currently working with its engineering consultants and CalWARN to complete the exercise specified by the City’s ERP. As part of this emergency preparedness exercise, the City and consultants will perform an analysis and document an After-Action Report that is consistent the Emergency Response Plan.
The City of Daly City appreciates the opportunity to provide responses to the San Mateo County Civil Grand Jury Report.
The City Council approved the responses contained herein on September 26, 2022.
Should you or the Civil Grand Jury require additional information, please contact me directly at (650) 991-8127.
Respectfully,
Thomas J. Piccolotti
Interim City Manager
2021-22 San Mateo County Civil Grand Jury 1
The Other Water Worry:
Is Your Water Provider Prepared for the Big One?
Release Date: August 5, 2022
Issue Summary Background Discussion Findings Recommendations Request for Responses Methodology Bibliography Appendices Responses
ISSUE
To what extent are water providers in San Mateo County prepared to supply water to customers in the event of a major seismic catastrophe?
SUMMARY
Along with the danger of drought, San Mateo County faces the likelihood of a powerful earthquake that could disrupt our supply of drinking water. Most of the water consumed in San Mateo County is sourced from the Hetch Hetchy Water System operated by the San Francisco Public Utilities Commission. In the event of a major earthquake, County water providers expect to regain access to this water supply within 72 hours after a catastrophic seismic event. However, some of those same water providers lack sufficient water reserve capacity to keep their customers’ taps flowing for a three-day period without access to Hetch Hetchy water.
The Grand Jury found that the challenges of the County’s aging water infrastructure are exacerbated by the diffuse patchwork of 16 water providers, each with its own pipes, tanks, management, and business model. Each of the 12 water providers the Grand Jury investigated had adopted a formal emergency response plan (ERP) as required by the Environmental Protection Agency (EPA). Nearly all the ERPs reviewed include provisions for exercises and after-action reports to identify problems. Some of those water providers indicated they had attended emergency response exercises run by other organizations, but none provided documentation that they had performed the emergency exercises specified by their ERPs. None of those water providers produced any after-action reports consistent with their ERPs.
Electric power is critical to the basic functioning of water providers’ service, so back-up generators with sufficient fuel are needed in the event of an electrical power loss. Only about half of the water providers interviewed by the Grand Jury maintain a three-day supply of fuel for their emergency needs.
The County Department of Emergency Management is responsible for coordinating countywide emergency preparedness. The Grand Jury found that this department has had limited contact with
2021-22 San Mateo County Civil Grand Jury 2
water providers and could not produce a current list of emergency contacts.
Based on its investigation, the Grand Jury recommends that:
County water providers perform emergency preparedness exercises consistent with their emergency response plans;
County water providers perform an analysis and document an after-action report consistent with their emergency response plans;
County water providers develop plans to increase emergency water storage sufficient to provide emergency water for a period of at least three days; County water providers develop plans to increase emergency fuel storage sufficient to provide emergency fuel for a period of at least three days; and County Department of Emergency Management develop a plan to bring its policy in line with EPA recommendations to coordinate disaster response with County water providers.
GLOSSARY
After-Action Report – An After-Action Report is an evaluation of an emergency response exercise designed to assess performance of exercise objectives and capabilities by documenting strengths, weaknesses, and corrective actions.
BAWSCA – The Bay Area Water Supply and Conservation Agency is a consortium formed by the State of California and major water providers in the San Francisco Bay area for the purpose of negotiating water purchases to buy water from the Hetch Hetchy Regional Water System.
SFPUC – The San Francisco Public Utilities Commission owns and controls the water that flows from the Hetch Hetchy Regional Water System to water providers.
BACKGROUND
Water Matters
Access to clean drinking water is widely recognized as an essential public service. The current drought is now the most visible challenge to our water supply service, but there is another dangerous, and likely inevitable threat to the local water delivery infrastructure in San Mateo County.
2021-22 San Mateo County Civil Grand Jury 3
Earthquakes (Will) Happen
The U.S. Geological Survey estimates that the San Francisco Bay area faces a 72% probability of a magnitude 6.7 earthquake sometime in the next 30 years.1 The San Andreas Fault, which triggered the devastating 1906 San Francisco earthquake (magnitude 7.8), runs straight through San Mateo County. The Hayward Fault, which geologists say is overdue for a major earthquake that may destroy important infrastructure, runs through the East Bay.2 In Figure 1, the percentage shown in the colored circles on each named fault represents the probability that a magnitude 6.7 or greater earthquake will occur somewhere on that fault by the year 2043. The dark lines outlined in various colors represent major plate boundary faults; the thinner, yellow lines mark smaller and lesser-known faults.
Figure 1: Map of Earthquake Outlook for the San Francisco Bay region 2014–20433
1 USGS, “What is the probability that an earthquake will occur in the Los Angeles Area? In the San Francisco Bay area?”, accessed June 4, 2022, https://www.usgs.gov/faqs/what-probability-earthquake-will-occur-los-angeles-area- san-francisco-bay-area
2 USGS, "Earthquake outlook for the San Francisco Bay region 2014–2043 - Fact Sheet”, accessed June 4, 2022, https://pubs.er.usgs.gov/publication/fs20163020
3 https://www.usgs.gov/faqs/what-probability-earthquake-will-occur-los-angeles-area-san-francisco-bay-area, June 13, 2022
2021-22 San Mateo County Civil Grand Jury 4
A large earthquake along any of the major faults in the area could cause land displacement and related damage. For example, the images in Figure 2 show the damage to large water mains caused by the 1906 San Francisco earthquake on the San Andreas Fault.4 Most of the damage done to San Francisco as a result of the earthquake was attributable to lack of water to fight the fire.
Figure 2: Water Mains Damaged by the 1906 San Francisco Earthquake
Shaking Up the Water System
“The water system is the utility most vulnerable to earthquake damage, and that damage could be the largest cause of economic disruption following an earthquake.” - Los Angeles Mayor’s Office, Resilience By Design (2015) 5
Water systems, relying as they do on underground pipes, are susceptible to damage and failure in the event of earthquakes. This problem is compounded by the fact that County water providers are operating with components that are up to a century old and nearing the end of their useful lives.6
Potential pipe failures are not the only points of vulnerability to earthquake damage. The County’s many water systems – with networks of dams, aqueducts, pump stations, valves, storage tanks, above-ground water mains, and tunnels – are susceptible to damage from earth movement or loss of pumping power. Damage to the electrical grid, phone systems, and transportation infrastructure are also likely obstacles to rapid earthquake response.
In August 2014, a magnitude 6.0 earthquake occurred in Napa County. Aftershocks causing earth movement and further damage continued for months. As many as 163 water pipeline breaks were
4 Water Mains Damaged in 1906 San Andreas Fault Earthquake www.geengineeringsystems.com/ewExternalFiles/1906-2006.pdf, accessed June 2, 2022 and J.B. Macelwane archives, St. Louis University
5 Los Angeles Mayor’s Office, “Resilience by Design” 2015, accessed June 4, 2022, https://www.usrc.org/wp- content/uploads/LA-Resilient-by-Design.pdf
6 Grand Jury interview
2021-22 San Mateo County Civil Grand Jury 5
reported and service to some customers was disrupted for weeks.7 In 2011, more than two million Japanese households were without water service following the magnitude 9.1 Tohoku earthquake. Over a million households remained without water service for two weeks.8
The California Governor’s Office of Emergency Services has published a warning to Californians that they should be self-sufficient for at least three days after a major earthquake.9 The Centers for Disease Control recommends that households keep on hand at least a gallon of water per day for each person in the household, with sufficient water for three days for drinking and sanitation.10 The East Bay Municipal Utility District recommends two gallons of water per day for at least seven days for each person in the household.11
So, Who Will Keep Your Taps Flowing?
The County’s drinking water is almost entirely sourced from the Hetch Hetchy Regional Water System, including the Hetch Hetchy reservoir impounded behind the O’Shaughnessy Dam in Yosemite National Park, over 130 miles away and administered by the San Francisco Public Utilities Commission (SFPUC). The Bay Area Water Supply and Conservation Agency (BAWSCA) was formed in 2003 to represent 26 cities, water districts, and private utilities that purchase water from the SFPUC.12
7 Pacific Earthquake Engineering Research Center, University of California Berkeley, “The M w 6.0 South Napa Earthquake of August 24, 2014”, June 2016, https://peer.berkeley.edu/sites/default/files/cssc1603- peer201604_final_7.20.16.pdf
8 T. Okamoto, Y. Kuwata, “Influence to Water Outage due to Damage to Regional Water Supply during the 2011 off the Pacific Coast of Tohoku Earthquake”, 2012, https://www.iitk.ac.in/nicee/wcee/article/WCEE2012_1681.pdf 9 “Community members are expected to be self-sufficient up to 3 days after a major earthquake without government response agencies, utilities, private-sector services, and infrastructure components. Education programs are currently in place to facilitate development of individual, family, neighborhood, and business earthquake preparedness .” California Governor’s Office of Emergency Services, “Earth Quake, Can You Go It Alone For Three Days”, accessed June 10, 2022, https://www.ucop.edu/risk-services/_files/bsas/safetymeetings/oesearthquakebrochure.pdf 10 CDC, “Creating and Storing an Emergency Water Supply”, accessed June 4, 2022, https://www.cdc.gov/healthywater/emergency/creating-storing-emergency-water-supply.html/ 11 East Bay Municipal District (EBMUD), accessed June 14, 2022, https://www.ebmud.com/about-us/construction- and-maintenance/fire-safety-and-suppression/emergency-preparedness 12 Two small water providers do not get their water from SFPUC -- they are County Service Area 7, with 70 customers, in La Honda, and County Service Area 11, with 90 customers in Pescadero.
2021-22 San Mateo County Civil Grand Jury 6
Sixteen water providers in the County deliver water purchased from SFPUC to residential and business customers in their territories, as shown in Figure 3.13
Figure 3: Water Providers in San Mateo County
Those water providers vary significantly in size of area served, number of customers, water capacity, and form of ownership and control. Some water providers are municipal water districts managed by individual cities; some are special districts run by an elected board; and still others are investor-owned utilities regulated by the California Public Utilities Commission. The areas served by water providers generally do not conform to city boundaries. A single city may be served by several water providers, and one water provider may serve residents in different cities.
Although water providers are independently managed, most of their systems include physical linkages – known as “interties” – that allow them to share water supplies with another provider.
13 Based on User Survey 2014-2015, bawsca.org, accessed June 13, 2022
2021-22 San Mateo County Civil Grand Jury 7
Figure 4 shows the daily water usage by each water provider in San Mateo County.
Figure 4: Daily Water Usage (in Millions of Gallons) from County Water Providers
19.1 12.0
9.2 5.9
4.3 3.4
3.1 2.8
2.7 2.6
2.5 1.9
1.8 1.5
0.8 0.6
Cal Water--Bayshore
Cal Water--Bear Gulch
Redwood City
Daly City
Estero Municipal Improvement District
Burlingame
San Bruno
Menlo Park
Hillsborough
Mid Peninsula Water District
North Coast Water District
Millbrae
Coastside County Water District
East Palo Alto
Westborough Water District
Brisbane
Millions of Gallons per Day
Water Provider
Daily Water from SMC Providers (2020-2021)
(Data from: bawsca.org, May 14, 2022)
2021-22 San Mateo County Civil Grand Jury 8
Securing the Source
The SFPUC has almost completed a ten-year water system improvement project on the Hetch Hetchy Water System. The work included earthquake-hardening construction on dams, aqueducts, underground tunnels, and 280 miles of large diameter pipes that span three major faults (Calaveras, Hayward, and San Andreas) and many secondary faults.
Figure 5: Hetch Hetchy Regional Water System
Prior to a recent Water System Improvement Program, BAWSCA estimated that the water delivery system was at significant seismic risk for outages of 20 - 30 days or more following an earthquake.14 The design criteria for the Hetch Hetchy System seismic upgrade included the goal that most of the water network managed by SFPUC will be restored to 70% of water providers within 24 hours after a major earthquake.15
Hardening and modernizing vulnerable water infrastructure against a major earthquake is costly, disruptive, and impractical for individual water providers. Therefore, much of the local distribution system, between the SFPUC “turnout” to the water provider and the water providers’ customers’ taps, is likely to be older and more vulnerable to earthquake damage.16
14 BAWSCA, “Water System Improvement Program”, accessed June 5, 2022, https://bawsca.org/water/supply/improvement
15 https://ssc.ca.gov/wp-content/uploads/sites/9/2020/08/sfpuc_final_version_12_4-19-06.pdf 16 Grand Jury interview
2021-22 San Mateo County Civil Grand Jury 9
Federal Oversight
Several federal agencies share responsibility for regulation and oversight of water providers in San Mateo County.17
Of primary importance to this investigation is oversight administered through the Environmental Protection Agency (EPA). It implements the America’s Water Infrastructure Act of 2018 (AWIA). AWIA requires water providers serving more than 3,300 people to develop a Risk and Resilience Assessment (Resiliency Assessment) that addresses risks from both natural hazards and malevolent actors. It includes an assessment of the resilience of water system infrastructure and operations, including cybersecurity. AWIA also requires providers to develop an Emergency Response Plan (ERP) that includes plans, procedures, and strategies to prepare for and respond to threats identified in their Resiliency Assessment. Water providers were required to self-certify and submit their ERPs to the EPA by December 31, 2021.18 The AWIA requirements for a compliant ERP are shown in Appendix A.
The EPA offers online tools and other resources to help water providers prepare and comply with their AWIA requirements.19 The EPA also encourages utilities to conduct tabletop emergency preparedness exercises as part of their emergency preparedness.20
State Oversight
The State of California has numerous departments, councils, agencies, and commissions involved with water service in one way or another. With respect to emergency preparedness in particular, the California Water Code requires each provider serving more than 3,000 customers to prepare, and submit to Department of Water Resources, an Urban Water Management Plan outlining plans for a diminished water supply. This plan should include planning for water shortages in the event of a natural disaster, and is required to be updated every five years.21
Some water providers are investor-owned companies. These providers are regulated as public utilities by the California Public Utilities Commission, which oversees their rates and operations.
The California Water Service Company, an investor-owned company, is the single largest provider in San Mateo County (see Appendix B).
17 E.g., Department of Homeland Security, Department of Defense, Department of the Interior, Department of Agriculture, Department of Energy, and Department of Health and Human Services. Cody, Schneider, Tiemann, Selected Federal Water Activities: Agencies, Authorities, and Congressional Committees , Congressional Research Service, 2017
18 EPA, “America's Water Infrastructure Act: Risk Assessments and Emergency Response Plans”, accessed June 9, 2022, https://www.epa.gov/waterresilience/awia-section-2013 19 EPA, “Vulnerability Self-Assessment Tool (VSAT): Protect Your Community From Risk”, accessed June 14, 2022
20 EPA, “Tabletop Exercise Tool for Water Utilities”, accessed June 9, https://www.epa.gov/waterresiliencetraining/tabletop-exercise-tool-water-utilities-emergency-preparedness- response-and Climate Resiliency
21 2022, California Department of Water Resources, “Urban Water Management Plans”, accessed June 9, 2022, https://water.ca.gov/Programs/Water-Use-And-Efficiency/Urban-Water-Use-Efficiency/Urban-Water-Management Plans#:~:text=The%20requirements%20for%20UWMPs%20are,required%20to%20submit%20an%20UWMP
2021-22 San Mateo County Civil Grand Jury 10
County Oversight
No County agency is specifically assigned responsibility for regulation of water providers.
COVID-19 Considerations
Beginning in 2020, the COVID-19 pandemic dramatically impacted every aspect of life, including how public agencies delivered their services. Supply chain disruptions, staffing dislocation, and pandemic restrictions had significant impact on these agencies.
The Role of Readiness: Plan, Practice, Evaluate
“The water system’s training program should … include routine training drills, tabletop exercises and possibly functional exercises, depending on the utilities[’] resources. …The water system should include all the key players in the training exercises, so everyone is familiar with emergency policies and procedures.”22
“Train as you fight; fight as you train – keep the training and exercises close to real as possible because the skills and muscle memory developed is what will be called upon in the face of a real incident.”23
-California State Water Board
Water service interruptions in the event of an earthquake may be inevitable, but the extent and duration of those interruptions will largely depend on preparedness of water providers and emergency managers. How do water providers anticipate and plan for the potential chaos, obstacles, hazards, and contingencies that an actual catastrophe may bring?
The EPA and the Federal Emergency Management Agency (FEMA), a major agency of the Department of Homeland Security, both play significant roles in helping water providers prepare for water emergencies.
The EPA provides tools for agencies to help them prepare their ERPs, including:
Tools on how to train and perform exercises for their personnel and response partners on the contents of their ERPs, including the roles and responsibilities of specific parties.24
22 2015, State Water Resources Control Board Division of Drinking Water Emergency Response Plan Guidance for Public Drinking Water Systems Serving a population of 3,300 or more (approximately 1,000 SC or more , accessed June 9, 2022,
https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/documents/security/ddw_em ergency_guidelin es_0215.pdf
23 California Water Boards, “Water Resiliency”, accessed June 9, 2022, https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/water_resiliency/ 24 EPA, “Developing Emergency Response Plans with the Drinking Water State Revolving Fund”, accessed June 9, 2020, https://www.epa.gov/sites/default/files/2021-06/documents/emergency_response_plan-final.pdf
2021-22 San Mateo County Civil Grand Jury 11
Resources on how to plan for an emergency and how to practice and evaluate those plans before they’re needed. Those resources include videos, detailed checklists, interactive maps, and mitigation and funding recommendations.25
An online guide, titled “Tabletop Exercise Tool for Drinking Water and Wastewater Utilities,” that offers a comprehensive program to assist managers in developing and customizing exercise scenarios with unique local elements and challenges.26 An interactive, user-friendly Earthquake Resiliency Guide that helps water and wastewater utilities be more resilient to earthquakes.27 A Water Sector Utility Incident Action Checklist (excerpt reproduced in Figure 6).28
Figure 6: EPA - Actions to Prepare for an Earthquake29
25 EPA, “The Earthquake Resilience Guide for Water and Wastewater Utilities”, accessed June 9, 2022, https://www.epa.gov/sites/default/files/2018-02/documents/180112-earthquakeresilienceguide.pdf 26 EPA, “Tabletop Exercise Tool for Water Utilities: Emergency Preparedness, Response and Climate Resiliency”, accessed June 14, 2022, https://www.epa.gov/waterresiliencetraining/tabletop-exercise-tool-water-utilities- emergency-preparedness-response-and
27 EPA, “Earthquake Resiliency Guide” (updated February 2022), https://www.epa.gov/waterutilityresponse/earthquake-resilience-guide, accessed June 15, 2022. This resource can be found at Appendix C.
28 EPA, “Water Sector Utility Incident Action Checklist,” https://www.epa.gov/system/files/documents/2021- 10/incident-action-checklist-earthquakes_508c-final.pdf, accessed June 19, 2022 29 See Appendix D
2021-22 San Mateo County Civil Grand Jury 12
According to the EPA, “… [t]he water sector should be engaged in a continuous cycle of planning, organizing, training, equipping, exercising, evaluating, and taking corrective actions to achieve and maintain readiness to respond to, and reduce impacts from, emergencies.
Preparedness also leads to increased resiliency, which is a key component of a utility’s ability to provide critical services under adverse conditions.”30 That preparedness cycle is illustrated in Figure 7.
Figure 7: EPA Preparedness Cycle
FEMA has long recognized that well-designed practice sessions or tabletop exercises are a cost- effective, low risk mechanism for training staff, promoting communication across organizations and validating plans, procedures, equipment, systems, tools, facilities, and training for emergency management.31 There have been extensive government efforts to support that goal.
For example, the Department of Homeland Security created The Homeland Security Exercise and Evaluation Program (HSEEP) to train stakeholders like water and sanitation systems in developing and implementing essential readiness components.32
An “After-Action Report” is a formal review of an emergency preparedness exercise, such as a tabletop exercise, that is designed to identify what worked and what needs to be improved. It converts lessons learned from the exercise into concrete, measurable steps to improve response capabilities. It specifically details the actions to take to address recommendations presented, who will be responsible for taking the action, and the timeline for completion.33
Experience gained from both the 1991 Oakland Hills fire and the 1989 Loma Prieta earthquake highlighted the importance of mutual aid among water providers. The California
30 EPA, “How to Develop a Multi-Year Training and Exercise (T&E) Plan”, accessed June 14, 2022, https://www.epa.gov/sites/default/files/2015-05/documents/how_to_develop_a_multi- year_training_and_exercise_plan_a_tool_for_the_water_sector.pdf See also NIH, “Use of After-Action Reports (AARs) to Promote Organizational and Systems Learning in Emergency Preparedness”, accessed June 14, 2022, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3447598/ 31 The White House archives, President George Bush, “Katrina Lessons Learned”, accessed June 9 , 2022, https://georgewbush-whitehouse.archives.gov/reports/katrina-lessons-learned/appendix-a.html 32 FEMA, “Homeland Security Exercise ad Evaluation Program (HSEEP)”, accessed June 9, 2022, https://www.fema.gov/emergency-managers/national-preparedness/exercises/hseep 33 San Francisco Department of Emergency Management, “Phase 4: After Action Report and Improvement Planning,”accessed June 14, 2022, https://sfdem.org/phase-4-after-action-report-and-improvement-planning-0
2021-22 San Mateo County Civil Grand Jury 13
Water/Wastewater Agency Response Network (CalWARN) was formed and membership eventually expanded to include over 190 utilities across the state. “The mission of CalWARN is to support and promote statewide emergency preparedness, disaster response, and mutual assistance processes for public and private water and wastewater utilities.”34 Its network enables agencies to locate and share vital resources, including both equipment and personnel during emergencies. The EPA recommends that water providers participate in mutual aid activities.35
The County Executive’s Office describes the responsibility of the Department of Emergency Management (County DEM) as “alerting and notifying appropriate agencies within the county’s 20 cities when disaster strikes; coordinating all agencies that respond; ensuring resources are available and mobilized in times of disaster; developing plans and procedures in response to and recovery from disasters; and developing and providing preparedness materials for our residents.”36 Formerly operated by the County Sherriff’s Office as the Office of Emergency Services, County DEM came under the authority of the County Executive’s Office in 2021 and later became a stand-alone County department.
The Grand Jury investigated the degree to which water providers in the County are preparing for potential difficulties in restoring water to customers in the event of an abrupt service interruption.
DISCUSSION
While the SFPUC is nearing completion of its upgrade to the seismic resilience of the Hetch Hetchy Regional Water System, County water providers have managed their infrastructure upgrade programs in diverse ways. Some water providers reported that they can only afford enough capital outlay to replace about 2% of aging components per year without severely increasing water rates.37 History suggests they could face crippling pipeline breaks, equipment damage, and fuel shortages during the aftermath of a major seismic event.
Mitigating an earthquake’s impact requires the ability to:
Quickly identify and repair damage, much of it underground and invisible; Coordinate and communicate with scattered staff in a chaotic post-quake environment; Locate and transport emergency equipment and supplies;
34 CalWARN Mission Statement, accessed June 14, 2022. https://www.calwarn.org 35 EPA, “Water Sector Utility Incident Action Checklist,” accessed June 19, 2022, https://www.epa.gov/system/files/documents/2021-10/incident-action-checklist-earthquakes_508c-final.pdf 36 County of San Mateo, Department of Emergency Management, accessed June 9, 2022, https://www.smcgov.org/ceo/department-emergency-management 37 Grand Jury interviews
2021-22 San Mateo County Civil Grand Jury 14
Quickly react and adapt to both likely and unpredictable challenges in a stressful environment; and
Coordinate response with emergency agencies and other water providers.38
Federal and State regulations and guidelines require water providers to document the adequacy of emergency preparation measures, including an ERP. The Grand Jury sought to verify that the individual water providers were in compliance with provisions of their ERPs.39 We also sought to assess emergency preparedness, and potential improvements to the emergency response planning of County water providers.
The Grand Jury selected 12 of the 16 major County water providers, representing a cross-section of populations served and types of providers (municipal water districts, special districts, and public utilities). We reviewed documents and conducted interviews with representatives from each of these water providers listed in Figure 8.
Figure 8: Water Providers Investigated
Water Provider Provider Type40 Population Served
(2021)41
Brisbane Municipal Water District 4,657
Hillsborough Municipal Water District 10,869
Westborough Water District Special District 12,703
Coastside County Water District Special District 18,738 East Palo Alto Municipal Water District 26,181
Mid-Peninsula Water District Special District 26,924
Estero Municipal Improvement
District Special District 37,687
North Coast County Water District Special District 38,546 Cal Water Bear Gulch Public Utility 60,827
Redwood City Municipal Water District 90,518
Daly City Municipal Water District 106,638
Cal Water Bayshore Public Utility 200,111
As required by the America’s Water Infrastructure Act (AWIA), each of these providers has prepared, self-certified, and submitted to the EPA a Resiliency Assessment and an ERP.42 Brisbane was not required by AWIA to submit an ERP specifically, but has an equivalent document titled an Emergency Operations Plan.
38 EPA, March 2018, “Connecting Water Utilities and Emergency Management Agencies”, accessed June 10, 2022, https://www.epa.gov/sites/default/files/2018-05/documents/water_emaconnection.pdf/ 39 Grand Jury interviews/correspondences
40 Grand Jury interviews
41 BAWSCA.org member agency profiles
42 EPA, “America's Water Infrastructure Act: Risk Assessments and Emergency Response Plans”, accessed June 10, 2022, https://www.epa.gov/waterresilience/awia-section-2013
2021-22 San Mateo County Civil Grand Jury 15
Emergency Response Plans: Promise, Performance, Documentation
The ERPs of all water providers the Grand Jury investigated included provisions for emergency readiness exercises. Only seven specified that these exercises would be performed at least annually. Others contained no commitment about the frequency of exercises. Some water providers we investigated indicated that the COVID-19 pandemic hampered their capacity to perform the exercises required by their ERPs.
The SFPUC invites most County water providers to attend its annual emergency preparedness exercises. Several water providers told us they attend these exercises. Two water providers (Westborough Water District and East Palo Alto) indicated that they did not participate and they did not receive invitations.43 In addition, several water providers informed us that they had participated in general emergency preparedness exercises organized by local public safety and similar agencies in the past.
The Grand Jury was unable to determine whether the SFPUC exercises, or local emergency response planning exercises, satisfied the specific requirements described in the water districts’ respective ERPs, as submitted to EPA.
None of the water districts investigated was able to present to the Grand Jury any documentation showing that they had conducted the water district readiness exercises described in their respective ERPs. In addition, no water provider was able to present to the Grand Jury any After- Action Report related to its ERP requirements.
Backup Water and Fuel
The SFPUC publication on seismic design criteria states that their performance goal for the Hetch Hetchy’s Water System Improvement Program is to restore winter demand volume to 70% of their customer turnouts within 24 hours of a major earthquake.44 The Grand Jury noted that County water providers are reasonably confident the improved SFPUC system will be functioning within three days.45
Grand Jury interviews and BAWSCA data indicate that only seven of the 12 water providers investigated by the Grand Jury had back-up water storage sufficient for three days of normal usage. Several water providers informed the Grand Jury that they should also maintain a three- day back-up storage of fuel to keep generators operating to run the water delivery system during an emergency.
43 Grand Jury interview
44 https://ssc.ca.gov/wp-content/uploads/sites/9/2020/08/sfpuc_final_version_12_4-19-06.pdf 45 Grand Jury interview
2021-22 San Mateo County Civil Grand Jury 16
Only seven of the water providers we investigated had a three-day back-up fuel supply. Only four had a three-day back-up supply of both water and fuel, as shown in Figure 9.
Figure 9: Days of Emergency Supplies, by Water Provider46
County Responsibilities
In a catastrophic event, County DEM is responsible for alerting and coordinating agencies’ responses, ensuring availability of resources, and developing plans for response and recovery.
The EPA has published guidance for cooperation that is needed between local emergency management agencies, such as County DEM, and the water providers serving the local communities. Its recommendations include:
Sharing contact information between the agencies and water providers; Joint training and exercises and mutual facilities tours;
46 Grand Jury interviews; BAWSCA, “Member Agency Profiles”, accessed June 11, 2022, https://bawsca.org/members/profiles
0 1
2 3
4 5
6 7
8 Days of Emergency Supplies, by Water Provider
Back-up Water (days)
Back-up Fuel (days)
Minumum Recommendation - 3 Days
2021-22 San Mateo County Civil Grand Jury 17
Creating a “water desk” at the emergency agency; and
Coordinating public messaging during a water emergency. 47 The Grand Jury found a gap between these recommendations and County DEM practices.
County DEM informed us that it had no water desk, had not conducted emergency water interruption exercises, had not developed a coordination plan for emergency water interruption, and did not have a current list of emergency contacts for County water providers.
Several water providers informed the Grand Jury that they had, had no recent contact with the County DEM. Several informed us that they believe the County should be responsible for countywide water disaster exercises. To date, County DEM has conducted emergency preparedness exercises, but none addressing catastrophic water interruption.
FINDINGS
The following findings apply to the specific governing bodies identified under “Request For Responses” below:
F1. The water provider was unable to demonstrate that it conducts the emergency exercises specified by its ERP, which may compromise its ability to supply water following a catastrophic interruption in water distribution service.
F2. The water provider was not able to produce documentation analyzing past exercises to test readiness and improve their performance, which may compromise its ability to supply water following a catastrophic interruption in water distribution service.
F3. The water provider does not have three days of emergency water storage, which may compromise its ability to supply water following a catastrophic interruption in water distribution service.
F4. The water provider does not have three days of emergency fuel storage, which may compromise its ability to supply water following a catastrophic interruption in water distribution service.
F5. The County Department of Emergency Management has not followed EPA recommendations that it coordinate disaster response with County water providers, which may compromise its ability to coordinate a response to a catastrophic interruption in water distribution service.
47 EPA, “Connecting Water Utilities and Emergency Management Agencies”, accessed June 10, 2022, https://www.epa.gov/sites/default/files/2018-05/documents/water_emaconnection.pdf
2021-22 San Mateo County Civil Grand Jury 18
RECOMMENDATIONS
The following recommendations apply to the specific governing bodies identified under “Request for Responses” below:
R1. The Grand Jury recommends that, by March 31, 2023, the water provider perform emergency preparedness exercises consistent with its emergency response plan.
R2. The Grand Jury recommends that, by March 31, 2023, the water provider perform an analysis and document an After-Action Report consistent with its emergency response plan.
R3. The Grand Jury recommends that, by March 31, 2023, the water provider develop plans to increase emergency water storage sufficient to provide emergency water for a period of at least three days.
R4. The Grand Jury recommends that, by March 31, 2023, the water provider develop plans to increase emergency fuel storage sufficient to provide emergency fuel for a period of at least three days.
R5. The Grand Jury recommends that, by December 31, 2022, the County Department of Emergency Management develop a plan to bring its policy in line with EPA recommendations to coordinate disaster response with County water providers.
2021-22 San Mateo County Civil Grand Jury 19
REQUEST FOR RESPONSES
Pursuant to Penal Code Section 933.05, the Grand Jury requests responses from the following governing bodies:
Water Provider F1 F2 F3 F4 F5 R1 R2 R3 R4 R5
Brisbane/GV Municipal
Improvement District X X X X
Hillsborough X X X X X X X X
Westborough Water District X X X X X X
Coastside County Water District X X X X
East Palo Alto X X X X X X X X
Mid-Peninsula Water District X X X X X X
Estero Municipal Improvement
District X X X X
North Coast County Water
District X X X X X X
Redwood City X X X X X X
Daly City X X X X
San Mateo County X X
The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted subject to the notice, agenda, and open meeting requirements of the Brown Act.
RESPONSE REQUIREMENTS
California Penal Code Section 933.05, provides (emphasis added):
(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall report one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for
2021-22 San Mateo County Civil Grand Jury 20
discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
METHODOLOGY
Preliminary Research
The Grand Jury reviewed many news articles and many publicly-available materials that described how water is distributed to San Mateo County and damage that may be caused by catastrophic earthquakes. We also researched which Federal, State, and local agencies help regulate water in San Mateo County. The sources of such documents included various departments of San Mateo County government, LAFCO, Federal and State agencies (including EPA, FEMA, DHS, and USGS), BAWSCA, and others.
Interviews and Document Requests
The Grand Jury conducted 27 interviews of public officials representing San Mateo County government departments, the San Francisco Public Utilities Commission, and water providers serving customers across San Mateo County. These included individuals that had general and specific knowledge regarding emergency services, water provision, and water ecosystems in San Mateo County. The Grand Jury also reviewed a multitude of documents provided by these agencies in response to document requests.
2021-22 San Mateo County Civil Grand Jury 21
Bibliography
Association of Bay Area Governments. “Multi-Jurisdictional Local Hazard Mitigation Plan, 2010”. https://abag.ca.gov/sites/default/files/lhmp-infrastructure-ch.pdf. Accessed June 21, 2022
Association of Bay Area Governments. “Cascading Failures: Earthquake Threats to Transportation and Utilities”. December 2014.
https://abag.ca.gov/sites/default/files/infrastructurereport_2014.pdf. Accessed June 21, 2022
Bay Area Water Supply and Conservation Agency. “The Wholesale Regional Water System Security and Reliability Act” https://bawsca.org/docs/AB_1823_facts.pdf.
Accessed June 12, 2022
Bay Area Water Supply and Conservation Agency. “Member Agency Profiles”. https://bawsca.org/members/profiles. Accessed June 12, 2022 Bay Area Water Supply and Conservation Agency. “San Francisco Public Utilities Commission Regional Capital Projects Underway.” April 2003. https://bawsca.org/docs/CIP_projects.pdf. Accessed June 21, 2022 Bland, Alister. “How California Water Suppliers Are Getting Earthquake Ready.” April 19, 2018. https://deeply.thenewhumanitarian.org/water/articles/2018/04/19/how- california-water-suppliers-are-getting-earthquake-ready. Accessed June 21, 2022 Carle, David. Introduction to Water in California, Second Edition. University of California Press, 2016
County of San Mateo. “Water Supply Fix Underway”. March 31, 2011. https://www.smcgov.org/district-2-carole-groom/news/water-supply-fix-under-way.
Accessed June 21, 2022
Craig, Sarah. “Hetch Hetchy’s Water Epic Journey, From Mountains to Tap”. July 12, 2018. KQED. https://www.kqed.org/news/11674188/hetch-hetchy-waters-epic-journey- from-mountains-to-tap. Accessed June 21, 2022
2021-22 San Mateo County Civil Grand Jury 22
Kenter, Peter. “Water Utility System Rebuilds System After Disaster” Municipal Sewer and Water. July 2016.
https://www.mswmag.com/editorial/2016/07/water_utility_rebuilds_system_after_disaste r. Accessed June 21, 2022
Metropolitan Water District of Southern California. “Metropolitan's emergency storage requirement.” 5.11 (2010).
http://mwdh2o.granicus.com/MetaViewer.php?view_id=7&clip_id=755&meta_id=24400 Accessed June 21, 2022
Metropolitan Water District of Southern California. “Seismic Resilience Report 2020 Update”. February 2020. https://www.mwdh2o.com/media/20396/seismic-resilience- report-2020-update.pdf. Accessed June 21, 2022
Tetra Tech. “2021 Multijurisdictional Local Hazard Mitigation Plan October | 2021 Volume 1—Planning-Area-Wide Elements”. October 2021.
https://www.smcgov.org/ceo/2021-multijurisdictional-lhmp. Accessed June 21, 2022 US Department of the Interior, US Geological Survey. “The HayWired Earthquake Scenario – Earthquake Hazards.” Version 1.2 December 2018. https://pubs.usgs.gov/sir/2017/5013/sir20175013ah_v1.2.pdf. Accessed June 21, 2022 The United States Environmental Protection Agency (EPA). “Planning for an Emergency Water Supply”. June 2011. https://www.epa.gov/sites/default/files/2015- 03/documents/planning_for_an_emergency_drinking_water_supply.pdf. Accessed June 21, 2022
Water Research Foundation. “Business Continuity Planning for Water Utilities:
Guidance Document”. 2013.
https://www.waterisac.org/system/files/Business+Continuity+Planning+for+Water+Utilit ies.pdf. Accessed June 21, 2022
2021-22 San Mateo County Civil Grand Jury 23
List of Appendices
Appendix A: Select Federal and State Laws Affecting Water Providers
Appendix B: California Water Service, Areas Served
Appendix C: Earthquake Resiliency Guide
Appendix D: EPA Incident Action Checklist – Earthquake
2021-22 San Mateo County Civil Grand Jury 24
APPENDIX A
SELECT FEDERAL AND STATE LAW AFFECTING WATER PROVIDERS
America’s Water Infrastructure Act of 2018
Section 2013 of the law requires providers serving more than 3,300 people to develop and submit to the EPA a Risk and Resilience Assessment (Resiliency Assessment) as well as an Emergency Response Plan (ERP). The law requires that both documents include specific information.
Risk and Resilience Assessment (Section 2013)
1) “…[t]he risk to the system from malevolent acts and natural hazards; 2) the resilience of the pipes and constructed conveyances, physical barriers, source water, water collection and intake, pretreatment, treatment, storage and distribution facilities, electronic, computer, or other automated systems (including the security of such systems) which are utilized by the system; 3) the monitoring practices of the system;
4) the financial infrastructure of the system;
5) the use, storage, or handling of various chemicals by the system; and 6) the operation and maintenance of the system.”
Emergency Response Plan (Section 2013)
1. “…strategies and resources to improve the resilience of the system, including the physical security and cybersecurity of the system;
2. plans and procedures that can be implemented, and identification of equipment that can be utilized, in the event of a malevolent act or natural hazard that threatens the ability of the community water system to deliver safe drinking water;
3. actions, procedures and equipment which can obviate or significantly lessen the impact of a malevolent act or natural hazard on the public health and the safety and supply of drinking water provided to communities and individuals, including the development of alternative source water options, relocation of water intakes and construction of flood protection barriers; and
4. strategies that can be used to aid in the detection of malevolent acts or natural hazards that threaten the security or resilience of the system.”
2021-22 San Mateo County Civil Grand Jury 25
California Water Code
At the State level, California Water Code California Water Code, §10610-10656 and §10608 specify that water providers serving more than 3,000 connections develop and submit an Urban Water Management Plan.
Urban Water Management Plan (UWMP)
The UWMP is largely focused on the need for providers to develop measures to reduce demand and to design sets of mitigation measures for possible implementation in the event of drought conditions or emergency loss of water service resulting from natural disaster. The UWMP is required to:
(1) Assess the reliability of water sources over a 20-year planning time frame. (2) Describe demand management measures and water shortage contingency plans. (3) Report progress toward meeting a targeted 20 percent reduction in per-capita (per- person) urban water consumption by the year 2020.
(4) Discuss the use and planned use of recycled water.
2021-22 San Mateo County Civil Grand Jury 26
APPENDIX B
CALIFORNIA WATER SERVICE, AREAS SERVED
Bayshore District - services the cities of
● San Carlos
● San Mateo
● South San Francisco
● Colma
Bear Gulch District – services the cities of
● Portola Valley
● Woodside
● Atherton
● Menlo Park
● Unincorporated Portions of
San Mateo County
California Water Service (an investor-owned
water provider) provides water to residents in
these cities through its Bayshore and Bear
Gulch districts. California Water Service rates
and operations are regulated by the California Public Utility Commission.
2021-22 San Mateo County Civil Grand Jury 27
APPENDIX C
EPA, “Earthquake Resiliency Guide” (2018)
https://www.epa.gov/waterutilityresponse/earthquake-resilience-guide (accessed June 15, 2022).
2021-22 San Mateo County Civil Grand Jury 28
APPENDIX D
EPA Incident Action Checklist – Earthquake
Incident Action Checklist – Earthquake
Earthquake Impacts on Water and Wastewater Utilities
An earthquake is caused by the shifting of tectonic plates beneath the Earth’s surface. Ground shaking from moving geologic plates collapses buildings and bridges, and sometimes triggers landslides, avalanches, fla s
h
flo
o
ds, fire
s
and t sunami s . The strong ground motion of earthquakes has the potential to cause a great deal of damage to drinking water and wastewater utilities, particularly since most utility components are constructed from infle
x
i bl e ma t er ial s (e. g. , concr et e, me t al pi pes) . Ear thquakes cr eat e ma ny cascadi ng and secondar y impacts that may include, but are not limited to:
• Structural damage to facility infrastructure and equipment • Water tank damage or collapse
• Water source transmission line realignment or damage
• Damage to distribution lines due to shifting ground and soil liquefaction, resulting in potential water loss, water service interruptions, low pressure, contamination and sinkholes and/or large pools of water throughout the service area • Loss of power and communication infrastructure
• Restricted access to facilities due to debris and damage to roadways
The following sections outline actions water and wastewater utilities can take to prepare for, respond to and recover from an earthquake.
Example of Water Sector Impacts and Response to an Earthquake East Bay Municipal Utility District Mitigates Earthquake Impacts Following the 1989 Loma Prieta earthquake, the East Bay Municipal Utility District (EBMUD) in Oakland, California, began developing a comprehensive seismic program to increase their ability to recover from earthquake impacts and reduce water and wastewater service interruptions. Taking a proactive approach, EBMUD was the fir s
t US wa t er ut ility to comp r ehensi vel y ret rof it i
ts ser vice area f aci l ities t o addr ess
seismic weaknesses.
The utility began by assessing its entire water distribution network to determine areas of improvement. Upgrades included installation of fle x
i bl e
joints and hoses to minimize pipe ruptures and to facilitate rerouting of water around broken pipes. The utility also created alternative transmission routes for pipes that cross fault zones.
EBMUD did a great deal of work to reinforce aqueducts to make them more resilient to earthquake impacts, including strengthening levees at aqueduct crossings and pipe foundations at river crossings, reinforcing pipe joints on buried portions of pipe, and strengthening pipe support structures on elevated portions of the aqueduct. The utility is also designing aqueduct interconnections to create bypasses around damaged segments after a levee failure or earthquake. These bypasses allow the utility to continue providing service to customers while permanent repairs are being made.
Since 1989, EBMUD has invested more than $350 million in their seismic program, which has been primarily funded by bonds that are being repaid through a seismic surcharge on customers’ water bill of just over one dollar per month for single-family residential homes.
Source: EBMUD’s 2011 “Earthquake Readiness: Protecting Life Safety and Public Health ” FEMA
The actions in this checklist are divided up into three “rip & run” sections and are examples of activities that water and wastewater utilities can take to: prepare for, respond to and recover from an earthquake. For on-the-go convenience, you can also populate the “My Contacts” section with critical information that your utility may need during an incident. 1 of 8
City Council Meeting Agenda ReportItem # _____
Meeting Date: September 26, 2022
Subject:Developer Selection and Authorization to Prepare an Exclusive Negotiating Agreement for 1837 Junipero Serra Blvd. Daly City, California
Recommendation
Staff recommends that the City Council select a developer based on the proposals submitted for 1837 Junipero Serra Blvd. Daly City, California and authorize staff to engage in an Exclusive Negotiating Agreement (ENA) with the selected developer for subsequent review and approval by the City Council.
Background
On February 15, 2022, the City Council received presentations from and interviewed four developer teams that are interested in developing the City’s property at 1837 Junipero Serra Boulevard. A fifth development team was interviewed on March 14, 2022. The City Council selected three of the development teams to submit a refined term sheet and to progress to a second round of interviews that will occur at tonight’s study session. The selected teams were JM McLennan Development, L.F. George Properties Corporation, and Phase 3 Real Estate Partners, Inc.
The refined term sheet was to include the following details:
1. Buyer (type of entity)
2. Purchase price (at fair market value or necessary subsidy, with corresponding project proforma / evidence of financial feasibility)
3. Deposit (associated with City reimbursement for processing/negotiation expenses vis-à-vis a Disposition and Development Agreement, including when non-refundable)
4. Source(s) of funds (equity and debt)
5. Due diligence period
6. Due diligence and closing contingencies
7. Closing timing
8. Expected obligations of City (if applicable)
9. Proposed project description and schedule
10. Qualitative and quantitative overview of economic and community benefits from project (e.g., tax revenues)
11. Other relevant terms (assumption regarding expected use of union labor for construction and/or operation, covenants, buy back provisions, etc.)
A summary of the developer terms, prepared by Kosmont, is shown on Attachment A. On July 18, 2022, the Council conducted a second round of interviews. At that meeting, Phase 3 withdrew their proposal.
After interviewing the remaining two developers, JM McLennan Development and L.F. George Properties Corporation, the City Council had remaining questions regarding project benefits and potential revenue.
City Council Agenda Report September 26, 2022
Developer Selection and Authorization to Page 2 of 3
Prepare an Agreement to Negotiate Exclusively for
1837 Junipero Serra Blvd. Daly City, California
Discussion
Since the July meeting, Kosmont and staff have worked with the two development teams to obtain more refined revenue projections. Attachments B(JM McLennan) and C (LF George), are the developer responses to the additional information requests. Kosmont prepared its own analysis of potential revenues based on the provided information. Key components of the revenue projections were one-time revenues from the sale of the property and ongoing revenues based on property tax, sales, taxes, business license taxes, and transient occupancy tax (TOT) if applicable. A summary of those revenue projections is provided on Attachment D.
The JM McLennan Development submittal reflects a mixed-use hotel/residential concept, including 180 hotel rooms, 40 studios for flexible use (short-term rentals, extended stay, or apartments), ten top floor condominium units, a 30,000 square foot conference center, and a 30,000 square foot athletic club. Based on Kosmont’s analysis, the proposal would contribute $1,050,000 in one time revenue from the property sale and an ongoing revenue stream of approximately $1.6 million annually, with a significant portion of the revenue coming from TOT.
The L.F. George Properties Corporation submittal reflects a 300-unit residential building with 25 affordable units for Daly City employees and an additional 20 affordable units. An 8,000 square foot community center and 10 ground floor commercial tenant spaces are also proposed. Kosmont’s analysis indicates one-time revenue of $1.8 million and an ongoing annual revenue stream of $332,000. The projected revenue initially submitted by L.F. George reflected a significantly higher annual revenue of $1.08 million. Based on follow up communications and concurrence with the LF George team, Kosmont’s projections are correct.
Next Steps
Based on the submitted RFP, and all the information available, the City Council can select the developer they believe is best able to meet the City’s goals. Once a developer is selected, the next step would be to proceed with executing an Exclusive Negotiating Agreement (ENA). The purpose of the ENA is to provide the developer assurances that the City will work exclusively with it, while the developer funds the cost of refining the design of the project and the studies associated with the project that will be necessary to obtain the land use approvals for the project.
The ENA itself does not commit the City to selling or the developer to buying the property. It is a contract whereby the City and Developer agree to negotiate in good faith during the term of the ENA to prepare a Disposition and Development Agreement (DDA) for future consideration by the City Council. The ENA, which will be brought back for Council consideration at a future meeting, will provide for the developer to apply for and pay all expenses related to the land use entitlements and environmental review needed for the proposed hotel project, while the City and Developer engage in exclusive, good faith negotiations regarding the terms of a DDA for the sale and development of the property with a hotel.
City Council Agenda Report September 26, 2022
Developer Selection and Authorization to Page 3 of 3
Prepare an Agreement to Negotiate Exclusively for
1837 Junipero Serra Blvd. Daly City, California
Conclusion
With Council direction tonight, staff will move forward with the next step of this process, preparing an ENA for City Council approval.
Respectfully submitted,
Tatum Mothershead
Director, Economic and Community Development
Attachments
Attachment A – Kosmont Summary of Developer Terms
Attachment B – JM McLennan Supplemental Information
Attachment C – LF George Properties Supplemental Information Attachment D – Kosmont Direct Fiscal Comparison
City of Daly City – Pacific Plaza Development Opportunity Site (1837 Juniperro Serra Blvd.) Round 2 Term Sheet Summary
July 12, 2022
1601 N. Sepulveda Blvd. #382, Manhattan Beach, CA 90266 I ph 424.297.1070 I www.kosmont.com L.F. George Properties Corporation McLennan Development Phase 3 Real Estate Partners
and Bain Capital
(“Atlantic P3 Life Sciences Holding VI LLC”)
1) Purchase Price
and Timing
$4,000,000
Transferrable within 7 business days of
entitlement approval
Between $2,500,000 and $5,000,000 – TBD
based on appraisal
Closing within 60 days of building permit
issuance
Greater of:
Fair market value for 250-key hotel (based on
appraisal – in recognition of original land use
intent); or
$85 per R&D gross SF (approx. $15.8 million
based on proposal)
Contingent on “agreement on design and
financial parameters through entitlement
process – e.g., no less than 100,000 SF)
Closing 60 days after end of any public appeal
period following entitlement approvals
2) Deposit $500,000
within 3 days of term sheet execution
non-refundable upon entitlement approval
$250,000
upon issuance of Exclusive Right to Negotiation
(ERN) for 10 months
Additional $50,000 for additional 90 days if
needed
$500,000
Within 5 business days of RFP award
Additional $1,500,000 within 3 business days of
expiration of Due Diligence Period, at which
point all deposits become non-refundable
Deposits refundable “if design and financial
parameters are not met”
3) Project
Description
300-unit residential, 10-story building
25 affordable units for Daly City employees and
family members
20 additional affordable units
8,000 SF community / event center
180 hotel rooms
40 studios for short-term or extended stay or
apartment rental
10 top-floor condominium (for-sale)
30,000 SF event center for groups up to 1,500
211,100 SF total, 7-story building
186,100 SF R&D
25,000 SF event center
9,100 SF rooftop terrace (in addition to building
SF noted above)
City of Daly City – Pacific Plaza Development Opportunity Site (1837 Juniperro Serra Blvd.) Round 2 Term Sheet Summary
July 12, 2022
1601 N. Sepulveda Blvd. #382, Manhattan Beach, CA 90266 I ph 424.297.1070 I www.kosmont.com L.F. George Properties Corporation McLennan Development Phase 3 Real Estate Partners
and Bain Capital
(“Atlantic P3 Life Sciences Holding VI LLC”)
10 ground floor “commercials” (tenant spaces) 30,000 SF athletic club / physical therapy (relocation of existing facility in City)
Fitness center and café open to public
Parking to be provided via the two garages in
the larger development complex (Developer
notes its ability to allocate spaces accordingly)
4) Obligations of City Soil report, EIR, “all related documentation” “Detailed agreement with parking structure ownership to provide necessary dedicated
parking spaces for the project per existing
agreement”
None identified
5) Community and
Economic
Benefits
Affordable housing component, community
center, garden, solar system
Indirect jobs and taxable spending from
residents
Property tax (estimated by Kosmont at
$270,000 annually)
Other revenues not identified
Event center
Hotel tax (TOT) estimated at $1.3M annually
Proposed “Apartment in lieu Fee” of 2.5% of
monthly rental income (estimated at $24,000
annually)
Event center sales taxes (estimated at $50,000
annually)
Proposed Event Center ticket tax/fee of $0.50 per
ticket (estimated at $54,000 annually)
Proposed Event Center room rental fee of 5% of
gross rental revenues (estimated at $19,200
annually)
Event center, rooftop terrace
Hotel tax (TOT) in-lieu at $1 million annually,
escalating at CPI, no more than 2% annually) –
into perpetuity
If less than 186,100 SF of R&D approved,
amount shall be reduced on PSF basis ($5.37
per R&D SF)
High-quality / high-wage employment (630 jobs
estimated at $143K salary)
Indirect spending from employees
Property tax (estimated by Kosmont at $317,000
annually)
Business license tax / other revenues not
identified
City of Daly City – Pacific Plaza Development Opportunity Site (1837 Juniperro Serra Blvd.) Round 2 Term Sheet Summary
July 12, 2022
1601 N. Sepulveda Blvd. #382, Manhattan Beach, CA 90266 I ph 424.297.1070 I www.kosmont.com L.F. George Properties Corporation McLennan Development Phase 3 Real Estate Partners
and Bain Capital
(“Atlantic P3 Life Sciences Holding VI LLC”)
Business license taxes on gross receipts
(estimated at $209,000 annually – portion is
relocated from existing fitness center in town)
Property tax (estimate adjusted by Kosmont at
$168,000 annually)
Hotel employment (135 hotel jobs estimated by
Kosmont)
6) Sources of Equity
and Debt
$5M equity / $85M debt
(Proof of funds for $4.4 million)
Robert McLennan and McLennan Family Trust
for pre-development
Liaoning Benefit Petroleum (US) Corp
partnership for development
Approx. 6% McLennan / 94% LBP
65% debt (via JLL Capital Markets brokerage)
35% equity (from Bain Capital Real Estate Life
Sciences Fund)
7) Due Diligence
Period
“ASAP” 10 months with additional 90-day option (ENA
period)
60 days from Disposition and Development
Agreement (DDA) execution
8) Development
Schedule
Construction complete within 3 years Opening 2025 / 2026 ENA/DDA 1-5 months Entitlement 9-15 months for CUP
Design 8 months
Construction 24 months
(2024/2025 completion)
9) Union Labor Construction and operation utilizing prevailing wages
100% union labor for construction
Operations not addressed
Intention to use union labor and prevailing wage
(assuming for construction)
1837 Junipero Serra
Summary Sources and Basis of project feasibility and Economic Impacts Significant Assumptions:
• Building Shell: 286,000 gross area
• Shell construction: $350/ per sq. ft.
• Gross Total Cost: $100M
• Total Soft Costs: $17M
• Building Allocation:
o Hotel/Apartments 148,189 sq. ft. – 51.8%
o Health Club and Physical Therapy 35,588 sq. ft.- 12.4% o Event Center 33,361 sq. ft. -11.6%
o Parking 65,478 sq. ft. -22.9%
o Mechanicals 4,377 sq. ft. – 1.5%
• Hotel Operations:
o Initially 180 guestrooms hotel / 40 units of residential and extended stay Year 2027 2028 2029 2030 2031
Hotel Occupancy 67% 70% 72% 74% 74%
Ave. Daily Rate $ 250.00 $270.00 $286.20 $297.65 $309.55 Rooms Revenue
($M) $11.0 $12.4 $13.5 $14.5 $15.0
T.O.T Tax @ 13%
($M) $1.43 $1.61 $1.76 $1.88 $1.96
o Other Annual Revenue:
Food & Beverage ($M) $4.0 $4.1 $4.2 $4.4 $4.6
Parking $(000) $650 $657 $664 $670 $677
Health Club Lease TBD
Live Nation Event Ctr TBD
Apartments-40 units
(net) $(000)
$960 $989 $1,018 $1,049 $1,080
• Valuation Model:
o DCF Valuation Model: $124M / $563K per unit
o Residual funds available for Land Acquisition: $ 6M
o Supports 60% Loan ($75M)
o Five Year IRR = 10.7
• Basis for Benefits to Daly City – Summary
o Annual TOT Tax (above): $1.4M initially
o “ Fee in Lieu”: Apartments
Apartments 2027 2028 2029 2030 2031
Number 40
Occupancy 80% 90% 95% 95% 95%
Monthly Rate $2,500 $2,800 $3,000 $3,000 $3,000
Annual Rent $30,000 $33,600 $36,000 $36,000 $36,000 Total Rent $960,000 $1,209,600 $1,368,000 $1,368,000 $1,368,000 City in lieu fee 2.50% $24,000 $30,240 $34,200 $34,200 $34,200
o Retail Sales Tax: Food & Beverage and Sundry:
Year 2027 2028 2029 2030 2031
Food and Beverage
Rev $4,000,000 $4,120,000 $4,243,600 $4,370,908 $4,502,035 Retail Tax @ 9.75% $390,000 $401,700 $413,751 $426,164 $438,948 Daly City 1.5% $60,000 $61,800 $63,654 $65,564 $67,531
o Payroll Taxes: Based on the hybrid operation, the annual payroll is approximately $5M. Payroll taxes @ 1.5% means approximately $75,000 annually
Summary
The proposed mixed-use development will provide both hotel and apartment uses where the relative proportions of hotel vs. apartment units can be adapted to meet market needs. In addition, a major Health Fitness Club and vibrant event center will complement the entire development. These uses will combine to provide local employment opportunities and substantial economic and fiscal impacts for the City. As the chart below depicts, over the first five years of operation the proposed development will deliver $9.5M in direct quantifiable impact to the City, averaging $1.75M per year.
Direct Impact to Daly City
Direct to
Daly City
2027 2028 2029 2030 2031
T.O.T. TAX $1,430,000 $1,610,000 $1,760,000 $1,880,000 $1,960,000 In Lieu Fees $24,000 $30,240 $34,200 $34,200 $34,200
Retail Tax $60,000 $61,800 $63,654 $65,564 $67,531
Payroll Tax $75,000 $75,000 $75,000 $75,000 $75,000
Total $1,589,000 $1,777,040 $1,932,854 $2,054,764 $2,136,731 Total Estimated Direct Impact – First Five Years : $9,490,389 Note: Other fiscal and economic impacts for the City will be “indirect” and includes retail sales and other economic activity generated by a mix of our daily population of hotel guests, apartment dwellers, health club members, and event attendees. It is very difficult to quantify, but certainly exists.
August 25, 2022
Mayor and Council Members at City of Daly City
333 90th Street
Daly City, CA 94015
Kosmont Companies
Attn: Ken K. Hira and Joseph Dieguez
1601 N. Sepulveda Blvd. #382
Manhattan Beach, CA 90266
Re: 1837 Junipero Serra Blvd. Daly City
To: City of Daly City Mayor Rod Daus-Magbual, Vice Mayor Raymond Buenaventura, City Council members, Glenn Sylvester, Pamela DiGiovanni and Juslyn Manalo:
On behalf of LF George Properties, I would like to provide more detailed information on the potential fiscal benefits from the project 1837 Junipero Serra, Daly City.
After further analysis, it was determined the project will contribute over $1,008,000+ annually to City of Daly City from retail sales tax and property taxes (basing off of the property tax distribution, 17% of the total amount will be distributed to the City).
Benefits contribute to the City. Breakdown listed below.
1. One time contribute to Daly City of $1M (Total purchase price $4M).
2. 17% of property tax from Owners to City Budget - $808,000.00/annually and Local / Sales Tax from the Retails – Estimating over $200,000.00/annually. Total 1.08M to the City annually.
3. Waived or discounted rent to Daly City Community Groups and nonprofits organization serving Daly City.
Providing over 10,000 sq.ft. in building B for City to utilize as a community center for events and meetings.
4. Development will intend to utilize 90% union labor.
5. Development will generate 150 employees, daily during construction over the course of 3 years. After completion, the project will create over 80 permanent jobs.
6. Developer are offering 45 below market rate units. Among the 45 units, 25 units will be assign for workforce residents which shall be City employees and or City employees’ family member(s), such as, policeman, teachers and or City staffs/personnels. The remaining 20 units will be assign for low income families.
Our team is available on both dates proposed for the hearing. Please feel free to reach out with any questions. Thank you.
Regards,
George Lam
L.F. GEORGE PROPERTIES CORPORATION
159 El Camino Real, Millbrae CA 94030
650-697-3800 | [email protected]
Pacific Plaza Development Opportunity Site - 1837 Juniperro Serra Blvd.
Direct Fiscal Revenue Comparison (Annual)
LF George Properties JM McLennan Development Notes
One-Time Revenues from Sale
Proposed sale price $4,000,000 $5,250,000 Will be based on fair market value appraisal (assumed range of $4.5-6.0m) Estimated proceeds to City (~20%) $800,000 $1,050,000
Proposed one-time contribution to City $1,000,000
Total proposed one-time revenues to City $1,800,000 $1,050,000 Ongoing Revenues 808000
Existing City Revenue Categories
1) Estimated Property Tax $278,400 $191,600 Figures provided by developers were refined by Kosmont based on standard methodology, incorporated assumptions about breakdown of for-sale and rental units for LF George 2) Sales Tax (on-site) $27,585 $60,000
3) Hotel Transient Occupancy Tax (TOT) $1,322,147 Room rate assumption reflects Kosmont independent market verification 4) Business License Taxes $26,972 $209,000 Kosmont estimate for LF George B.L.T. (net relocation of existing business) ($209,000)
Estimated Total - Existing Categories $332,957 $1,573,747 Proposed New City Revenue Categories
5) Apartment Fee in Lieu (2.5% gross rev) $24,192
6) Room Rental Fee (5.0% gross rev) $19,200
7) Ticket tax ($0.50 per ticket) $54,000
Estimated Total - Proposed New Categories $0 $97,392
Estimated Grand Total Annual Fiscal Revenues $332,957 $1,671,139 9/22/2022
Pacific Plaza Development Opportunity Site - 1837 Juniperro Serra Blvd.
Other Benefits Noted LF George Properties JM McLennan Development Notes 31 commercial jobs estimated by
Kosmont
135 hotel jobs estimated by
Kosmont plus event center jobs
TBD and gym/physical therapy
jobs transferred from existing
busines location
Community Meeting Room and
Banquet Room - Offering waived
or discounted rent to Daly City
Neighborhood / Community
Groups and nonprofit
organizations serving Daly City.
Discounted rent for lease
assistance to Retail Business
operated by Daly City residents
to insure startup success.
Affordable housing component,
community center, garden, solar
system
Indirect jobs and taxable
spending from residents
9/22/2022
1 ORDINANCE NO. 1459
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DALY CITY AMENDING THE DALY CITY ZONING MAP BY AMENDING ORDINANCE NO. 1316 RE: PLANNED DEVELOPMENT STANDARDS FOR PD-60B
(APNs 002-170-220, 002-170-230; 002-201-140, 002-201-520, 002-201-530, 002-201-540, 002- 201-550, 002-201-560, 002-201-570, 002-191-270, 002-191-330) Westlake Shopping Center
BE IT ORDAINED by the City Council of the City of Daly City, as follows:
Section 1. Findings.The City Council of the City of Daly City finds that, as conditioned, Planned Development PD 4-17-1276, amending Planned Development PD-60B is in compliance with Title 17 of the Daly City Municipal Code (Zoning Ordinance), as well as the General Plan of the City of Daly City, as amended and as to each element of the Daly City General Plan. Approval of the zone change will not be detrimental to the health, safety, morals, comfort and general welfare of persons residing in or working in the neighborhood. The City Council further finds that the amendment to PD-60B to allow modification to the Planned Development PD-60A zoning to accommodate the project, including a 20 percent reduction of the parking requirement due to the mixed-use nature of the project and reconfigured building design will not be detrimental to the surrounding areas or result in substantial environmental damage or disturbance or be injurious or detrimental to the property and improvements in the neighborhood or the general welfare of the City of Daly City.
Section 2. Environmental Compliance – Mitigation Monitoring Program.
The City Council has reviewed the proposal under the requirements of the California Environmental Quality Act (CEQA) and has determined, that a Mitigated Negative Declaration is the appropriate level of environmental review. The Daly City Planning Commission and City staff recommend that a Mitigated Negative Declaration per Section 15070(a) of the CEQA Guidelines be adopted for this project.
The City Council approves the Mitigation Monitoring and Reporting Program (MMRP) for this project and hereinafter finds that the mitigated negative declaration, to and including the MMRP complies and conforms with the California Environmental Quality Act and the Guidelines implementing the Act.
Section 3. Zoning Reclassification.The zoning as designated upon the “Official Zoning Map” of the City of Daly City, as adopted by Daly City Ordinance No. 635, and thereafter amended from time to time, is hereby changed as to the parcel identified on the attached map incorporated herein by this reference, to Planned Development Zoning PD-60B, which hereinafter provides for a change of boundary on the “Official Zoning Map” and the establishment of specific standards for development on the subject property. All improvement shall comply with the approved Planned Development Standards hereinafter adopted for Planned Development PD-60B.
2 PLANNED DEVELOPMENT STANDARDS
PLANNED DEVELOPMENT ZONE PD-60B
WESTLAKE SHOPPING CENTER
The purpose and intent of these Planned Development Standards is to establish a Planned Development Zoning District for PD-60B, which encompasses the entire project site.
I. GENERAL
1. When these planned development standards conflict with other sections of the Zoning Ordinance, these standards prevail only to the extent of the conflict. Where these planned development standards do not provide regulations, the Zoning Ordinance shall apply as to the most similar land use or standard.
2. Any modifications to plans approved by the City Council shall require an amendment of the original PD approval and shall be subject to separate approval by the Planning Commission and City Council. Minor changes of the approved plans due to code requirements or conditions of approval may be approved by the Planning Division.
3. All structures, landscape areas, required facilities and amenities shall be maintained in a neat, safe, and healthful condition, subject to improvement and upgrading of plans as required by this Planned Development approval.
4. The property owners of PD-60B shall seek to provide a balanced mix of uses with compatible peak hours and parking needs.
II. PERMITTED USES
1. The following uses are permitted as part of Planned Development Zone PD-60B:
Administrative, business and professional offices
Art Studio
Bakery (retail)
Bank and Savings and loan offices
Barber or Beauty shop
Book or stationary store
Business office
Candy store
Clothing or Department store
Coffee shop
Drugstore
Hardware store
Retail household appliance sales and services
3 Florist
Gift shop
Ice cream store
Laundry or cleaning stores
Instruction studio (dance or martial arts)
Jewelry store
Medical/Dental clinic
Pet food store
Professional office
Photographic studio
Prescription pharmacies
Residential apartments (Buildings R and C only)
Restaurant (excluding drive-through)
Shoe repair
Sporting goods
Tailor shop
Trade or business school
Toy Store
Travel agent
Variety store
Video rental
2. The following uses will be permitted with a Use Permit in the PD-60A zone:
Accessory buildings or use
Bar or Cocktail lounge
One health and fitness club
Outdoor sales
Pet shop
Businesses whose principal use is for the operation of amusement devices Veterinary hospital or office
3. When a use is not specifically listed, it shall be assumed that when the unlisted use is similar to nor more objectionable than a permitted use, such use shall be permitted in the district to the same requirements of the most similarly listed use.
III. DEVELOPMENT STANDARDS
1. Parking
A. The property owners shall comply with and enforce a Parking Management Plan approved by the City. The Parking Management Plan shall be an
4 appendix to and recorded as part of the Planned Development Standards for PD-60B. The Parking Management Plan shall include the following:
a. Operable or inoperable vehicles shall be stored at the site for more than 24 hours.
b. No vehicles or trailers shall be advertised for sale or rent on the site and no vehicle sales, leasing or rentals shall be conducted at the site. d. Measures to manage the parking during the peak hours. The plan may include such measures as valet parking, incentives to carpooling and disincentives to parking in the residential areas near the development.
e. The precise plan shall show all required dimensions on back-up distance, fire access drives and parking spaces, including compact and handicap spaces. The plan shall indicate how the compact spaces shall be marked on the site.
f. Applicant will post signs, impose conditions upon tenant, and make every effort to restrict deliveries to the development by large semi- trucks, refrigerated trucks, or trucks larger than a four wheel delivery van during peak traffic hours. Smaller delivery vehicles may make such deliveries.
g. On-site commercial parking shall be provided at a parking ratio of not less than 3.29 parking spaces per 1,000 square feet of leasable building area, with a total number of up to 663,806 commercial square feet square feet permitted in the center. Residential parking in Building R (179 apartments) and. Building C (214 apartments) shall be provided at a rate of one space for each studio unit, 1.5 spaces for each one- bedroom unit and two spaces for each unit of two bedrooms or more, with an overall ratio of at least 1.25 parking spaces per residential unit and shall be subject to Sections (j), (k), and (l), below. Excess residential parking spaces in the underground garage associated with Building R shall be dedicated to employee parking.
h. Secure bicycle parking shall be provided at strategic locations throughout the shopping center including the ground floor of any parking structure.
i. The parking areas shall conform to plans approved as part of the precise plan for PD-60B and shall be maintained in accordance with City standards.
j. Parking counts for all residential uses within the PD-60B zoning
5 district shall comply with the standards set forth in Chapter 17.34 (Off-Street Parking and Loading) of the Zoning Ordinance with the application of Section 17.34.010(E)(1) permitting a reduction of 20 percent of the parking requirement due to the mixed-use nature of land use between commercial and residential. This reduction shall remain in effect for as long as the management and ownership of the entirety of the PD-60B district remains under single ownership. k. PD-60B shall permit 20 percent of the parking space count to be sized and designated for “small cars only” serving all land uses on site subject to the standards set forth in Section 17.34.030 of the Zoning Ordinance.
l. PD-60B shall permit up to 20 percent of the parking space count to be met with tandem parking spaces inside residential garages.
2. Signage
A. New Signage for the project should enhance the building facades. Tenant blade signs should be located within the central portion of the site, along both sides of Main Street and blend into the overall character of an updated Main Street design. Signs added to tower buildings should be logo signs at the top, attached flush with the towers and lighted at night.
B. Four directories with a total of 40 square feet per side may be located strategically within the site to provide maps and directions for patrons.
C. The primary entry point from John Daly Boulevard should feature two signs located on both corners of Main Street. The two signs should feature solid identity elements at the base. One of those signs may be a pylon sign up to 60A feet in height. The pylon sign may contain the following maximum sign area per side: a) 100 square feet for the shopping center identifier, b) 625 square feet for tenant advertising, and c) 120 square feet for an electronic reader/message board. The design of such sign shall be subject to review and approval by a Design Review Committee and shall not exceed 845 square feet on any side.
D. Signage shall include: a) an entry monument sign at one location with a total sign area of 60 square feet for each face, b) up to four entry boundary marker signs, each sign face allowed 36 square feet maximum, with a maximum height of 16 feet, width of 7 feet and depth of 14 inches; and c) eight 36 square foot building logos.
E. All project site signage shall conform to the Tenant Sign Criteria for PD- 60B. All changes to the Tenant Sign Criteria shall be submitted to the
6 Design Review Committee for approval, except that minor changes can be approved administratively by the Planning Division.
F. The Tenant Sign Criteria shall be an appendix to and recorded as part of the Planned Development Standards for PD-60B.
3. Circulation
A. All deliveries shall gain access to the project site by way of Lake Merced Boulevard and Park Plaza Drive.
a. Deliveries to the development by large semi-type trucks shall not take place during peak traffic hours. Smaller delivery vehicles may deliver at all hours.
b. The applicant shall implement a Congestion Management Plan, per the C/CAG Guidelines for Implementation of the Land Use Component of the Congestion Management Program, which will include but not be limited to, provisions for such programs as carpooling, preferential parking and use of the Hire Daly City First Program and encouraging a hiring preference for local residents.
4. Landscaping
A. All landscaping improvements shall conform to the approved landscaping plan and with Section 17.41 (Landscaping) of the Zoning Ordinance. a. Landscaping shall be installed in accordance with approved plans and maintained in a neat, clean and healthful condition.
b. In general, all shrubs or any vegetation at points of ingress or egress shall be maintained at a height of no greater than 30 inches. Trees must be trimmed in a manner to maintain a site clearance underneath the branches of five feet from grade.
c. Landscaping shall be planted at the base of any monument signs and shall be maintained in a healthy growing condition and be replaced as necessary. The plants shall include a variety of flowering evergreen shrubs and flowering ground cover.
5. Architecture/Site Design
A. Architectural design of all structures and facades, all materials and colors, and all landscaping shall comply with plans approved by a Design Review Committee.
7 a. Once approved, any major architectural modification shall be subject to approval by a Design Review Committee, except that minor changes may be approved administratively by the Planning Division.
b. All roof equipment shall be screened from view from the surrounding streets.
c. The Planning Division shall approve the design and location of all trash or storage enclosures and other proposed fencing or walls. d. All restaurants shall be provided with a state-of-the-art, low-noise, air filtration system to remove odors from air emissions caused by cooking.
e. All ground mounted appurtenances, such as transformers or air conditioning units shall be undergrounded.
f. The Tenant Criteria Manual shall be an appendix to and recorded as part of the Planned Development Standards for PD-60B.
6. Maintenance
A. A maintenance plan for on-site litter control shall be submitted by the applicant and approved by the City. The litter control maintenance plan shall include provision for on-going maintenance required for the project use. The maintenance plan shall be recorded as part of the PD-60B planned development standards. The maintenance plan shall include the following standards:
b. The entire development area shall be maintained in a neat, safe, and healthful condition.
c. A garbage disposal plan approved by the Planning Division and the Streets Division shall specify that:
i. All trash shall be confined in approved receptacles and enclosures.
ii. All unenclosed materials, equipment and/or supplies of any kind shall be maintained within approved enclosure areas.
Any stacked or stored items shall not exceed the height of the enclosure.
8 iii. All trash and storage enclosures shall be properly maintained in accordance with approved plans.
iv. The applicant shall prepare an agreement to implement a weekly litter cleanup plan for all open areas, planters and public sidewalks adjacent to the development. All waste materials generated by the development, such as cardboard boxes, skids, garbage, litter, etc., must be stored in the enclosure for disposal. No waste material shall be visible at any time. All enclosures shall be designed to conceal the contents. All enclosures should be kept clean and free of odor at all times.
7. Lighting
A. All exterior lighting shall be in accordance with precise plans and shall be adequately maintained according to approved standards.
B. Site lighting shall be directed downward to protect adjacent residential neighborhoods from glare.
8. Building Area Limitation
A. There shall be no additional square footage allowed in PD-60B beyond what is permitted through approval of the precise plan. Minor additions or alterations to square footage for any given designated use (+/- 2%) may be approved by the Planning Division if such changes are to meet specific code requirements and do not affect the overall mass of the building.
B. The Planned Development zone shall include not more than 663,806 commercial square feet square feet of retail and office uses, and 179 apartments in Building R, and 214 apartments in Building C.. The general distribution of allowable square footage shall be in substantial accordance with the Precise Plan.
9. Hours of Operation
A. The hours of retail store operation shall not be limited. However, if the store operation receives significant complaints due to noise or public nuisance, the issue of limiting store hours shall be brought before a Council Committee appointed by the Mayor for consideration.
10. Residential Open Space
A. The property owner shall maintain not less than 150 square feet per dwelling unit as usable open space in Buildings R and C.
9 Section 4. Summary Publication:Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption.
Section 5. Environmental Determination:The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15378, that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a project as provided by the Act, in that it does not have a potential for resulting in a detrimental physical change in the environment, directly or ultimately, as provided in Title 14, Section 15378(a), and that it is also exempt under the definition of "project" in Section 15378(b)(3) in that it concern general policy and procedure making.
Section 6. 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.
Introduced this 12 th day of September 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