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, October 10, 2022 - 7:00 PM
To attend in person:
Monday, October 10, 2022 – 7:00 pm
City Hall Council Chambers – 2nd Floor
City Hall, 333 – 90th Street
Daly City, CA 94015
To attend virtually via Zoom:
https://bit.ly/dalycityoct10zoom
To watch the live telecast:
Comcast Channel 27, https://www.youtube.com/DalyCityVideoMeetings, or https://www.dalycity.org/agendas Public Participation:
There are three ways to submit public comment: (1) send written comments by 4:00 pm on meeting day, (2) attend the meeting in person, and (3) join to speak at the meeting via Zoom.
1. 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.
2. To speak at the meeting in person, please complete a Speaker Card located at the entrance to the Council Chambers and submit to a Staff Member as early in the meeting as possible.
3. To speak at the meeting via Zoom, join at https://bit.ly/dalycityoct10zoom. 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: 859 2262 5753, then enter email address and name. The meeting may also be accessed via telephone by dialing +1 669 900 6833 (Local). International numbers available: https://us02web.zoom.us/u/kAibLOyym. Enter the meeting ID 859 2262 5753, then press #.
When you would like to speak on an item during the public comment portion of the meeting, you will need to use the “raise hand” feature in Zoom. Public comment is limited to two (2) minutes maximum, and speakers may only comment once per item. You must familiarize yourself with Zoom prior to joining the meeting. The City will not be providing technical support.
If you do not wish to speak, the City requests that you watch the livestream of the meeting on the City’s YouTube Channel at https://www.youtube.com/DalyCityVideoMeetings, the City’s agenda website at https://www.dalycity.org/agendas or on local Channel 27 (Comcast).
Persons with disabilities who require auxiliary aids or services in attending or participating in this meeting should call the office of the City Clerk at 991-8078 as soon as possible.
Agenda – City Council
Monday, October 10, 2022
CALL TO ORDER:
PLEDGE TO THE FLAG:
ROLL CALL:
PRESENTATIONS:
1. Honoring the Creators of the Greetings from Daly City Mural in Top of the Hill
2. Proclaiming October 2022 as Filipino American History Month - Chel Gilla, Tselogs; Clint Gerona, Charles Gracie Jiu Jitsu; Malu Rivera-Peoples, WSPA; Patrick Rivera-Cruz, WSPA; Christina Fargas-Newell, WSPA
APPROVAL OF MINUTES:
3. Regular Meeting of September 26, 2022
APPROVAL OF AGENDA:
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.
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:
4. Authorize the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361
5. Authorize Application to the Pedestrian and Bicycle Program Cycle 6 for Measures A and W Grant Funding for the Daly City Vision Zero Design Standards Project
6. Authorize Application to the Pedestrian and Bicycle Program Cycle 6 for Measures A and W Grant Funding for the Lake Merced Boulevard Lane Reconfiguration and Bicycle Lane Protection Project
7. Adopt Resolution in Support of the Caution Against Racially and Exploitative Non-Emergencies (CAREN) Act
Agenda – City Council
Monday, October 10, 2022
8. Request Use of Federal Asset Forfeiture Funds to Purchase Protective Ballistic Shields for the Daly City Police Department
9. Notice of Completion for the Polaris Park Improvement Project Playground Equipment Installation
10. Set Time and Place for a Public Hearing to Consider Adoption of an Ordinance updating the Building and Fire Codes Updates (Set Hearing 11/14/22)
11. Set Time and Place of Public Hearing - Proposed Adoption of Ordinance for Unlawful Possession of Catalytic Converters (Set Hearing 10/24/22)
12. Adopt Resolution in Support of the City and County Association of Government’s (C/CAG) Transportation Demand Management (TDM) Program
Check Registers:
13. Check Registers for the Month of August 2022
END OF CONSENT AGENDA
AWARD/REJECTION OF BIDS/CONTRACTS:
14. Reject All Bids for the Mussel Rock Sediment Removal Project STAFF: Kevin Fehr
RECOMMENDATION: Adopt Resolution by Roll Call Vote
RESOLUTIONS:
15. Developer Selection and Authorization to Prepare an Agreement to Negotiate Exclusively for 1837 Junipero Serra Blvd. Daly City, California (Requesting Motion to Continue to 10/24/2022) STAFF: Tatum Mothershead
RECOMMENDATION: Council Determination
16. 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
Agenda – City Council
Monday, October 10, 2022
APPOINTMENTS: Board/Commission Membership Committee Appointments
REPORTS:
17. Council Committee
18. City Council
19. Staff
ADJOURNMENT:
Proclamation
Filipino American History Month in Daly City
October 2022
WHEREAS,The celebration of Filipino American History Month in October commemorates the first recorded presence of Filipinos in the continental United States, which occurred on October 18, 1587, when “Luzones Indios” came ashore from the Spanish galleon Nuestra Senora de Esperanza and landed at what is now Morro Bay, California.
WHEREAS,In 2009, U.S. Congress recognized October as Filipino American History Month in the United States. Various states, counties, and cities in the U.S. have established proclamations and resolutions declaring observance of Filipino American History Month.
WHEREAS,The late Dr. Fred Cordova, along with his wife, Filipino American National Historical Society (FANHS) Founder Dr. Dorothy Laigo Cordova, first introduced October as Filipino American History Month in 1992 with a resolution from the FANHS National Board of Trustees, marking the 30 th anniversary of Filipino American History Month celebration.
WHEREAS, the City of Daly City commemorates Filipino American History Month each October, a month-long observance to honor and share the rich tapestry of Filipino American art, history, culture, and identity; and WHEREAS, this year the Daly City community celebrates Filipino American History Month with Kasayahan Sa Daly City, on Saturday, October 8, 2022, from 11 a.m. to 4 p.m., featuring music, dance, crafts, local Filipino vendors, and delicious Fil- Am cuisine; and
WHEREAS,the entertainment line-up includes performances by Ruby Ibarra, Drop N Harmony, DJ Qbert, Maddie B, Melvinsings!, Vince A, Nate Guinto, Kulintang Dialect, Mabuhay Folkloric Society, Shogun V, Ceej Frankera, Jazelle and many others; and
WHEREAS,Daly City’s Department of Library and Recreation Services has partnered with the Pilipino Bayanihan Resource Center to help further develop Kasayahan Sa Daly City into Daly City’s signature community festival and to provide the event in-person for the first time since 2019 to the community; and WHEREAS,Daly City’s Department of Library and Recreation Services has curated a selection of titles by and about Filipinos and Filipino Americans for adults, teens, and children; and
WHEREAS,along with Neil Frank R. Ferrer, Consul General of the Republic of the Philippines in San Francisco, the City of Daly City encourages youth to embrace the Spark*Connect*Empower* movement within the Filipino American Community, to strengthen familial and ancestral connections with the Philippines.
NOW, THEREFORE, I, MAYOR RODERICK DAUS-MAGBUAL, and members of the City Council of the City of Daly City, do hereby proclaim the month of October 2022 as FILIPINOAMERICAN HISTORY MONTH IN DALY CITY.
Signed and sealed by the Mayor and City Council of the City of Daly City this 10th day of October 2022.
Roderick Daus-Magbual, Mayor
Raymond Buenaventura, Vice Mayor
Pamela DiGiovanni, Councilmember
Juslyn C. Manalo, Councilmember
Glenn R. Sylvester, Councilmember
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 26, 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:
Proclaiming Week of October 9-15, 2022 as National Fire Prevention Week (Sean Kavanaugh, Deputy Fire Chief, North County Fire Authority)
APPROVAL OF MINUTES:
Regular Meeting of September 12, 2022
It was moved by Councilmember DiGiovanni, seconded by Mayor Daus-Magbual and carried to approve the minutes of September 12, 2022.
APPROVAL OF AGENDA:
Vice Mayor Buenaventura referred to an allegation of assault from Councilmember Manalo against a fellow Councilmember. Vice Mayor Buenaventura requested for the continuance of items on the agenda, voicing concern that the current situation may call into question decisions that are made by the involved Councilmembers.
Councilmember Manalo made an allegation of assault against Councilmember DiGiovanni, referring to an incident that occur red at City Hall and in which Councilmember Manalo was later hospitalized. Councilmember Manalo requested the continuance of item #3 on the agenda.
Councilmember DiGiovanni denied the allegation of assault and incident and claimed that the allegation was politically motivated. Councilmember DiGiovanni referred to being bullied during the past months by supporters of her colleagues.
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 26, 2022
2 Mayor Daus-Magbual requested for the continuance of item #3 to the next regular City Council meeting of October 10, 2022.
Councilmember Sylvester concurred with the request to continue item #3, requested to pull item #5 for further discussion, and approve the rest of the consent agenda.
CONSENT AGENDA:
It was moved by Councilmember DiGiovanni, seconded by Mayor Daus-Magbual and carried to approve the consent agenda except item #3, which was continued to October 10, 2022, and item #5, which was removed for discussion.
Resolutions:
Adopt Resolution in Support of the Caution Against Racially and Exploitative Non -Emergencies (CAREN) Act
The item was continued to the regular meeting of October 10, 2022.
Adopt Resolution in Support of Mickelson Therapy Pool
Resolution 22-156, Supporting the Reopening of the Mack E. Mickelson Therapy Pool
Commend Jose Corea on the Occasion of his Retirement
The Council commended Mr. Corea on the occasion of his retirement and thanked him for his years of service. Mr. Corea thanked the Council and staff for the recognition.
It was moved by Council Manalo, seconded by Council Sylvester and carried by voice vote to adopt the following resolution:
Resolution 22-157, Commending Jose Corea on the Occasion of His Retirement
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
Resolution 22- 158, Setting Time And Place Of Public Hearing Regarding Appeal Of Administrative Use Permit AUP-5-22-15728 (Wireless Facility) At 1000 Crocker Avenue
Accept Final Subdivision Improvements for the Habitat Geneva Development Located at 3001 Geneva Avenue
Resolution 22- 159, Accepting Subdivision Improvements For Major Subdivision ( SUB-1-19- 13832) For The Habitat Geneva Development – 3001 Geneva Avenue
Adopt Memorandum of Understanding and Salary Schedule between the City of Daly City and Teamsters Local 856 Safety Inspectors Unit
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 26, 2022
3 Resolution 22- 160, Adopting Composite Summary Memorandum Of Understanding With Teamsters Local 856 Safety Inspectors Unit (August 1, 2022 To July 31, 2025)
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
Resolution 22- 161, Adopting Composite Summary Memorandum Of Understanding With Teamsters Local 856 Police Assistants Unit (September 1, 2022 through August 31, 2022)
Resolution 22-162, Adopting Revised Job Specifications Of Police Assistant II And Reassignment Of The Community Services Officer From Range D027 To Range D030 Of The Teamsters Police Assistants Salary Schedule
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
Resolution 22- 163, Adopting Composite Summary Memorandum Of Understanding With Teamsters Local 856 Clerical Technical Unit (September 1, 2022 Through August 31, 2025)
Resolution 22-164, Adopting Revised Job Specifications And Assignment Of Permit Assistant I I To Range 37Z Of The Teamsters Clerical Technical Salary Schedule
Adopt Memorandum of Understanding and Salary Schedule between the City of Daly City and International Union of Operating Engineer s Stationary Engineers Local 39 Operating Engineers Unit
Resolution 22-165, Adopting Composite Summary Memorandum Of Understanding With The International Union Of Operating Engineers, Stationary Engineers, Local 39 Operating Engineers Unit (Effective September 1, 2022 Through August 31, 2025)
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
Resolution 22-166, Adopting Composite Summary Memorandum Of Understanding With The Plant Maintenance Association Unit (September 1, 2022 to sunset August 31, 2025)
Adopt Memorandum of Understanding and Salary Schedule between the City of Daly City and Economic Community Development Professional Staff Association (ECDPSA)
Resolution 22-167, Adopting Composite Summary Memorandum Of Understanding With The Economic And Community Development Professional Staff Association (October 1, 2022 through September 30, 2025)
END OF CONSENT AGENDA
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 26, 2022
4 COMMUNICATIONS:
Response to the San Mateo County Civil Grand Jury Report "The Other Water Worry: Is Your Water Provider Prepared for the Big One?
It was moved by Vice Mayor Buenaventura, seconded by Mayor Daus -Magbual and carried to continue the item to the regular meeting of October 10, 2022.
Developer Selection and Authorization to Prepare an Agreement to Negotiate Exclusively for 1837 Junipero Serra Blvd. Daly City, California
It was moved by Mayor Daus -Magbual, seconded by Vice Mayor Buenaventura and carried to continue the item to the regular meeting of October 10, 2022.
ORDINANCES:
Second Reading, Ordinance No. 1459, Amending the Zoning Map Re: Planned Development Standards - PD-60 B – Westlake
Councilmember Manalo left the meeting at 7:38 PM. Councilmember DiGiovanni recused herself from voting on the item due to a conflict of interest.
Tom Nuris was in in favor of the project. After seeing the site empty for so long, Mr. Nuris urged the Council to approve the project which will make dynamic use of the property to enhance the community.
Call-In User_2 reported seeing a public comment for item #3 which was not heard. The caller said the Westlake project was a mistake and will have negative impacts on traffic congestion and noise.
It was moved by Councilmember Sylvester, seconded by Mayor Daus-Magbual and carried by the following roll call vote to adopt Ordinance 1459:
Ayes: Buenaventura, Sylvester, Daus-Magbual
Noes: None
Recused: DiGiovanni
Absent: Manalo
Ordinance 1459, Amending The Daly City Zoning Map By Amending Ordinance No. 1316 Re:
Planned Development Standards For PD-60B (Westlake Shopping Center)
Councilmember DiGiovanni rejoined the meeting at 7:44 PM.
PUBLIC APPEARANCES/ORAL COMMUNICATIONS:
Call-In User, Brian Shields, Carpenters Local 217, spoke about the need for labor standards and a policy that will secure the working class of Daly City. Without such standards and policies in place, the construction force is systematically abused through wage theft, lack of workers comp, and safety violations.
Mr. Shields offered to answer questions that the Council may have.
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 26, 2022
5 Call-In User_3, John Daly, stated the League of Women Voters should not have held a forum since two candidates were missing. John pushed for a m ental health resources budget , commended AHMC for purchasing Seton, requested a tow n hall to address the candidates and address racism , and listed qualifications needed to become a Councilmember.
Call-In User_1, Norm, requested response and feedback from management and Council to work together with the community on building a safer Daly City. Norm noted the lack of video for the A rts & Culture Commission meeting to showcase artists’ work. Norm requested working on de-escalation training for law enforcement with Councilmember Sylvester and requested the City to work with the community.
Simon Liang, L ocal 217 Member, noted the benefits of being a part of a union which included having stable work, good pay for employees and safety standards for employees.
Karen voiced concern over two parcels in Daly City – 50 Lynvale Ct. and 20 Skyline Dr . Karen requested the parcels be rezoned to Open Space so that in the event of their purchase, construction would be allowed on those parcels. Karen asked for the necessary steps for rezoning the parcels.
REPORTS:
Council Committee
Commute.org/CCAG (DiGiovanni)
Peninsula Clean Energy (PCE) (Daus-Magbual)
Mayor Daus-Magbual announced that he and Vice Mayor Buenaventura will be sitting on the Library and Recreation Ad Hoc Committee.
City Council
Councilmember DiGiovanni acknowledged the Latinx heritage celebration at Gellert Park and thanked the Recreation Department for their work. Councilmember DiGiovanni acknowledged the 1st annual UPAASF event and commended Lisa Gino, Odette, the alumni and the vendors for their work.
Councilmember DiGiovanni greeted all of those who celebrate the Jewish New Year, known as Rosh Hashanah. Councilmember DiGiovanni thanked Victoria Magbilang, Jefferson High students and Dragonfly for their Daly City mural.
Councilmember Sylvester attended a program at the CalCities meeting but will defer his report to the next meeting in which he will address Prop. 47 and report on establishing a task force to consider and review catalytic converter thefts and retail thefts.
Mayor Daus-Magbual acknowledged the Latino Heritage Month event at Gellert Park as a great in-person celebration. Mayor Daus-Magbual thanked Jefferson High’s GrizzArt art students, Victoria Magbilang, Bay Area Mural Program, and Dragonfly for the Daly City mural located at City Mitsubishi; the Mayor hopes to honor them in person. Mayor Daus-Magbual acknowledged the success of the UPAASF event and thanked all the organizers including Lisa Gino, Ben Menor, the artists and the vendors.
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 26, 2022
6 Staff:
Interim City Manager Tom Piccolotti thanked the Mayor for forming the Library and Recreation Ad Hoc Committee and reported on staff currently working on presentations for the committee.
ADJOURNMENT:
Mayor Daus-Magbual adjourned the meeting at 8:23 PM in memory of Dr. Tomas Mariano.
Approved as submitted, this 10th
City Clerk
day of October , 2022.
Mayor
City Council Agenda ReportItem # _____
Considerati
Meeting Date: October 10, 2022
Subject: Adopt Resolution Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361
Recommended Action
Adopt a resolution authorizing continued remote teleconference public meetings by the City Council and all subordinate boards, commissions, and standing Committees of the City in accordance with Assembly Bill 361 for an additional Period of 30 Days.
Background
Since March of 2020 and because of the COVID-19 pandemic, the City Council of the City of Daly City, and all of its subordinate bodies, boards, commissions and subcommittees, have been meeting remotely pursuant to the Governor's Executive Order N-29-20, which suspended certain teleconference requirements of the Brown Act. On June 11, 2021, the Governor issued Executive Order N-08-21, which rescinds these suspensions effective September 30, 2021.
In recognition of the fact that the pandemic is ongoing, on September 16, 2021, the Governor signed AB 361, an urgency measure, which amends the Brown Act and authorizes teleconferenced public meetings under certain circumstances where the participation is from a remote location. AB 361 went into effect October 1, 2021 and expires on January 1, 2024. If the City Council desires to continue to meet remotely, it must comply with AB 361.
AB 361 applies to meetings during a state of emergency as declared by the Governor. There must also be either imposed or recommended measures to promote social distancing by state or local officials, or a finding by the legislative body that meeting in person would present imminent risks to the health or safety of attendees as a result of the emergency.
AB 361 includes additional requirements in the form of an initial authorizing resolution (effective for up to 30 days) and subsequent resolutions to extend the use of remote meetings for additional periods of 30 days thereafter. The bill included an urgency provision making the law immediately effective upon signature by the Governor.
Discussion
The City must comply with the provisions of the Brown Act implemented by AB 361 for remote meetings, or it must comply with the pre-COVID-19 requirements for remote meetings set forth in Government Code section 54953(b)(3).
AB 361 requires several procedural safeguards to protect public participation during a remote meeting, key ones of which are summarized as follows: The public must have the ability to address the legislative body directly and must be given information on how to address the body. The public must be provided either a call-in or internet-based service option. The body must stop the meeting if the call-in or internet-based option fails. The legislative body cannot require that public comments be submitted in advance (although this option can be provided). Speakers cannot be required to pre-register (except as required by an independent call-in or internet platform).
Adopt Resolution Authorizing Remote City Council Meetings Under New State Brown Act Requirements (AB 361)
Meeting Date: October 10, 2022
Members of the public must be given a reasonable time to register to provide public comment.
Agencies that provide a timed public comment period shall not close the public comment period until that time period has expired.
On October 11, 2021, the City Council adopted Resolution No. 21-138, authorizing the continued remote teleconference public meetings by the City Council and all subordinate boards, commissions, and standing Committees in the City in accordance with AB 361. On November 8, 2021, the City Council adopted Resolution No. 21-50, authorizing the continued remote teleconference public meetings by the City Council and all subordinate boards, commission, and standing Committees in the City for an additional thirty (30) days. On December 13, 2021, the City Council adopted Resolution No. 21-63 authorizing the continued remote teleconference public meetings for an additional thirty (30) days. On January 10, 2022, the City Council adopted Resolution No. 22-01 authorizing the continued remote teleconference public meetings by the City Council and all subordinate boards, commission, and standing Committees in the City for an additional thirty (30) days. On February 14, 2022, the City Council adopted Resolution No. 22-24 authorizing the continued remote teleconference public meetings for an additional thirty (30) days.
At the February 14 th City Council meeting, staff received feedback from the City Council on an eventual return to in-person public meetings. At the March 14, 2022, staff received additional feedback and the City Council adopted Resolution No. 22-45 authorizing the continued remote teleconference public meetings for an additional thirty (30) days. On April 11, 2022, the City Council adopted Resolution No.22-55 authorizing the continued remote teleconference public meetings for an additional thirty (30) days. On May 9, 2022, the City Council adopted Resolution No. 22-70 authorizing the continued remote teleconference public meetings for an additional thirty (30) days. In order to continue remote teleconference public meetings, the City Council must adopt a resolution extending an additional thirty days (30) days. On June 13, 2022, the City Council adopted Resolution No. 22-93 authorizing the continued remote teleconference public meetings for an additional thirty (30) days. On July 11, 2022, the City Council adopted Resolution No. 22-108 authorizing the continued remote teleconference public meetings for an additional thirty (30) days.
On August 8, 2022, the City Council adopted Resolution No. 22-136 authorizing the continued remote teleconference public meetings for an additional thirty (30) days. On September 12, 2022, the City Council adopted Resolution No. 22-152 authorizing the continued remote teleconference public meetings for an additional thirty (30) days. In order to continue remote teleconference public meetings, the City Council must adopt a resolution extending an additional thirty days (30) days.
Accordingly, if the Council wishes for itself, all of its subordinate bodies, and all of its boards and their subcommittees to be able to meet remotely during the current declared state of emergency, it should adopt a resolution finding that measures to promote social distancing by state or local officials, and/or meeting in person would present imminent risks to the health or safety of attendees is a result of the emergency. This resolution would permit meetings pursuant to AB 361 for a maximum period of 30 days. If the Council desires to continue using the teleconference exception beyond that initial 30-day period, it must confirm the circumstances of the state of emergency and make required findings at least 30 days after adoption of that resolution and every 30 days thereafter.
Adopt Resolution Authorizing Remote City Council Meetings Under New State Brown Act Requirements (AB 361)
Meeting Date: October 10, 2022
The California Environmental Quality Act (CEOA), State CEOA Guidelines Section 15061(b)(3) provides a "common sense" exemption to environmental review that CEQA only applies to projects that have the potential for causing a significant effect on the environment.
Councilmembers received an update that technology improvements in Council Chambers to allow for hybrid virtual/in-person meetings are currently underway. Councilmembers also expressed interest in system testing prior to launching hybrid meetings. Staff will continue to work with the technology vendor to upgrade the system and repair the audio equipment in Council Chambers.
Given the timeline for this upgrade, City staff will plan to bring this 30-day Resolution for Council consideration again at the regular City Council meeting and can seek additional feedback at that time.
Summary/Conclusion
Staff recommends that the City Council adopt the attached Resolution authorizing the continued remote teleconference public meetings by the City Council and all subordinance boards, commissions, and standing Committees for an additional 30 days pursuant to AB 361.
Staff also seeks initial feedback on a future return to in-person public meetings.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Rose Zimmerman Stephen Stolte
City Attorney Assistant City Manager
Attachments: 1. Draft Resolution Regarding Remote Teleconference Meetings
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DALY CITY 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
WHEREAS, COVID-19 (also known as the “Coronavirus Disease”) is a respiratory disease that has spread across the globe, with thousands of confirmed cases in California, including the City of Daly City; and
WHEREAS, on January 31, 2020, the United States Secretary of Health and Human Services declared a public health emergency based on the threat caused by COVID-19, and the President of the United States issued a Proclamation Declaring a National Emergency Concerning COVID-19 beginning March 1, 2020; and
WHEREAS, in response to COVID-19, the Governor of the State of California issued a Proclamation of a State of Emergency in response to COVID-19 on March 4, 2020; and WHEREAS, the City Council of the City of Daly City adopted a proclamation of a local emergency related to the COVID-19 virus on March 16, 2020; and WHEREAS, the City of Daly City (“City”) is committed to preserving and fostering public access, transparency, observation, and participation in meetings of the City Council and Boards, Commissions, and Standing Committees (hereafter collectively referred to as “legislative bodies;” and
WHEREAS, all meetings of the City Council and legislative bodies are open and public as required by the Ralph M. Brown Act, Government Code Sections 54950 – 54963, so that any member of the public may attend, observe, and participate in a meaningful way; and
WHEREAS, Government Section 54953(b)(3) of the Brown Act allows a local legislative body to hold public meetings by teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to attend and to address the local legislative body, as long as the following requirements are met:
1. Each teleconference location from which a member is participating is noticed on the agenda;
2. Each teleconference location is accessible to the public;
3. Members of the public must be able to address the body at each teleconference location;
4. At least one member of the legislative body must be physically present at the location specified in the meeting agenda; and
5. During teleconference meetings, at least a quorum of the members of the local body must participate from locations within the local body’s territorial jurisdiction; and
WHEREAS, the Brown Act, as amended by AB 361 (2021), at Government Code Section 54953(e) et seq., allows for remote observation and participation in meetings by members of a legislative body and members of the public without compliance with the requirements of Government Code Section 54953(b)(3), subject to certain conditions; and WHEREAS, the initial required condition is a declaration of a state of emergency by the Governor pursuant to the California Emergency Services Act at Government Code Section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state and within the boundaries of the City, caused by conditions as described in Government Code Section 8558; and WHEREAS, the Governor’s Proclamation of a State of Emergency includes area within the jurisdictional boundaries of the City; and
WHEREAS, Government Code Section 54953(e)(3)(A-B) added by AB 361 provides an alternative to having public meetings in accordance with Government Code Section 54953(b)(3) when City Council has reconsidered the circumstances of the COVID-19 state of emergency and that the following circumstances exist:
1. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s Boards, Commissions, and Standing Committees to meet safely in person; and
2. The State of California and the County of San Mateo continue to recommend measures to promote social distancing.
WHEREAS, Government Code Section 54953(e) et seq. further requires that state or local officials have imposed or recommended measures to promote social distancing or the legislative body finds that meeting in person would present an imminent risk to the health or safety of attendees; and
WHEREAS, such conditions now exist in the City in that (i) State and Local officials recommend social distancing measures and (ii) emergency conditions evidenced by COVID- 19 and its variants create ongoing COVID-19 cases, hospitalizations, and deaths and meeting in person would present imminent risk to health or safety of attendees; and WHEREAS, the City Council affirms that it will allow for observation and participation by Council Members as well as Board, Commission, and Standing Committee Members and the public via Zoom in an effort to protect the constitutional and statutory rights of all attendees; and
WHEREAS, Government Code Section 54953(e)(3) requires that the City Council review the need and make findings for continuing the teleconferencing as authorized by AB 361 at least once every thirty (30) days until the Governor terminates the state of emergency.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DALY CITY HEREBY RESOLVES AS FOLLOWS:
Section 1. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. The City Council finds that the state of emergency conditions related to COVID- 19 as set forth in the Governor’s and City’s Proclamations of Emergency and are on- going.
Section 3. The City Council further finds that state and county official recommend social distancing conditions causing imminent risk to attendees as described above exist.
Section 4. The City Council hereby recognizes and affirms the existence and conditions of a state of emergency as proclaimed by the Governor and the City in the City and affirms, authorizes, and proclaims the existence of a local emergency throughout the City.
Section 5. The City Council finds that the state of emergency as a result of COVID- 19 and the new variant Omicron continues to directly impact the ability of members of the City Council and the members of the City’s Boards, Commissions, and standing committees to meet safely in person and such fact creates an imminent health risk to such members.
Section 6. The City Council hereby authorizes the City Council and all of the Boards, Commissions, and Standing Committees of City to conduct their meetings without compliance with Government Code Section 54953(b)(3), and to instead comply with the remote meeting requirements as authorized by Government Code Section 54953(e) et seq.
Section 7. The City Manager and the City Clerk are authorized and directed to take all actions reasonably necessary to carry out the intent and purpose of this Resolution, including, conducting open and public meetings remotely in accordance with Government Code Section 54953(e) et seq., and other applicable provisions of the Brown Act, for all City Council meetings, and all Boards, Commissions, and standing committee meetings of the City.
Section 8. This Resolution shall take effect immediately upon its adoption and remain in effect for 30 days or until such time as the City Council adopts a Subsequent Resolution in accordance with Government Code Section 54953(e)(3) to extend the time during which the City Council and all City legislative bodies may continue to meet remotely, without compliance with Government Code Section 54953(b)(3), but otherwise as permitted by Government Code Section 54953(e) et seq.
Section 9.If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end of the provisions of this Resolution are severable.
Section 10.The City Clerk of the City of Daly City shall certify to the adoption of this Resolution.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DALY CITY 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
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:
ASSISTANT CITY CLERK OF THE CITY OF DALY CITY
APPROVED:
MAYOR OF THE CITY OF DALY CITY
City Council Meeting Agenda ReportItem # _____
Meeting Date: October 10, 2022
Subject: Authorization to Apply to the Pedestrian and Bicycle Program Cycle 6 for Measures A and W Grant Funding for the Daly City Vision Zero Design Standards Project Recommended Action
Staff recommends that the City Council approve the resolution authorizing staff to submit a grant application to the San Mateo County Transportation Authority (TA) for the Pedestrian and Bicycle Program Cycle 6, Fiscal Years 2023 and 2024 for the Daly City Vision Zero Design Standards Project.
Background
On June 7, 1988, the voters of San Mateo County approved a ballot measure to allow the collection of a half-cent transaction and use tax (sales tax) in San Mateo County for 20 years. The tax revenues were to be distributed by the TA for highway and transit improvements pursuant to the Transportation Expenditure Plan presented to the voters. On November 2, 2004, the voters of San Mateo County approved the continuation of the Measure A half-cent sales tax and adopted a new Transportation Expenditure Plan for an additional 25 years (2009-2033).
In 2018, the voters of San Mateo County approved the Measure W Program to allow the collection of a new half-cent sales tax to implement transportation improvements identified in the San Mateo County Congestion Relief Plan for 30 years (2019-2049). Five percent of the sales tax revenues from Measure W are available for the construction of facilities for pedestrian and bicyclists, as well as planning and promotional programs.
Discussion
On August 4, 2022, the TA issued a Call for Projects for Pedestrian and Bicycle Program funds. The goal of the program is to fund projects that improve bicycling and pedestrian accessibility and safety in San Mateo County. The proposed project should encourage more residents to participate in active transportation and thereby reduce auto trips and congestion. A total of approximately $17.8 million is available for this cycle of the Pedestrian and Bicycle Program, which covers Fiscal Years 2023 and 2024.
Applications for the Pedestrian and Bicycle Program were due to the TA on September 23, 2022 and a resolution of local support for the projects must be submitted no later than November 30, 2022. The Pedestrian and Bicycle Program is a combination of sales tax collected under the Countywide Measure A and Measure W Sales Tax Programs. A minimum of 10% local match must be provided for projects or a reduced minimum of 5% local match for projects based in an approved equity priority zone.
Staff identified a non-infrastructure project for the grant and prepared an application for the Daly City Vision Zero Design Standards Project. This project would develop a toolkit to reference for
Subject: Meeting Date: October 10, 2022
making improvements to bicycle and pedestrian facilities. Specifically, standards and guidelines for high visibility crosswalks, high visibility bicycle markings, bulb-outs, travel lane widths and pedestrian crossing warning devices will be established for use along the High Injury Network and other City roadways. The grant application is requesting $65,000 in funding with an additional $10,000 provided by the City in local matching funds.
Fiscal Impact
No appropriation is needed at this time. Should the city be successful in securing the grant funds, staff will request the City Council appropriate the grant funds and the required local match of $10,000 for the Daly City Vision Zero Design Standards Project. For projects of this type, the matching funds would typically be allocated from the City’s Measure A, Measure W or other local transportation related funding sources.
Summary/Conclusion
Staff recommends that the City Council approve the resolution authorizing staff to submit a grant application to the TA for the Daly City Vision Zero Design Standards Project.
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: October 10, 2022
Subject: Authorization to Apply to the Pedestrian and Bicycle Program Cycle 6 for Measures A and W Grant Funding for the Lake Merced Boulevard Lane Reconfiguration and Bicycle Lane Protection Project
Recommended Action
Staff recommends that the City Council approve the resolution authorizing staff to submit a grant application to the San Mateo County Transportation Authority (TA) for the Pedestrian and Bicycle Program Cycle 6, Fiscal Years 2023 and 2024 for the Lake Merced Boulevard Lane Reconfiguration and Bicycle Lane Protection Project.
Background
On June 7, 1988, the voters of San Mateo County approved a ballot measure to allow the collection of a half-cent transaction and use tax (sales tax) in San Mateo County for 20 years. The tax revenues were to be distributed by the TA for highway and transit improvements pursuant to the Transportation Expenditure Plan presented to the voters. On November 2, 2004, the voters of San Mateo County approved the continuation of the Measure A half-cent sales tax and adopted a new Transportation Expenditure Plan for an additional 25 years (2009-2033).
In 2018, the voters of San Mateo County approved the Measure W Program to allow the collection of a new half-cent sales tax to implement transportation improvements identified in the San Mateo County Congestion Relief Plan for 30 years (2019-2049). Five percent of the sales tax revenues from Measure W are available for the construction of facilities for pedestrian and bicyclists, as well as planning and promotional programs.
Discussion
On August 4, 2022, the TA issued a Call for Projects for Pedestrian and Bicycle Program funds. The goal of the program is to fund projects that improve bicycling and pedestrian accessibility and safety in San Mateo County. The proposed project should encourage more residents to participate in active transportation and thereby reduce auto trips and congestion. A total of approximately $17.8 million is available for this cycle of the Pedestrian and Bicycle Program, which covers Fiscal Years 2023 and 2024.
Applications for the Pedestrian and Bicycle Program were due to the TA on September 23, 2022 and a resolution of local support for the projects must be submitted no later than November 30, 2022.
Approximately $17.8 million is available for the two-year funding cycle FY 2023 and FY 2024. The Pedestrian and Bicycle Program is a combination of sales tax collected under the Countywide Measure A and Measure W Sales Tax Programs. A minimum of 10% local match must be provided for projects or a reduced minimum of 5% local match for projects based in an approved equity priority zone.
Subject: Meeting Date: October 10, 2022
Staff identified a pedestrian and bicycle improvement project to be eligible for the grant funding and prepared an application for the Lake Merced Boulevard Lane Reconfiguration and Bicycle Lane Protection Project. The project would analyze opportunities and conduct public outreach to reconfigure the lane geometry on Lake Merced Boulevard between John Daly Boulevard and John Muir Drive. If feasible, the project would consider restriping the corridor for one travel lane and a separated bikeway in each direction using low-cost, short-term materials so that staff can monitor the effectiveness of the improvements. The lane reduction and protected bikeways would likely improve bicycle safety and slow traffic along the corridor to enhance the safety and operations for all users on the corridor. The estimated cost for the project is approximately $525,000. The grant application is requesting $498,750 in funding with an additional $26,250 provided by the City in local matching funds. Since the project is located within a SamTrans Transportation Equity Zone, the project qualifies for the reduced minimum match of 5%.
Fiscal Impact
No appropriation is needed at this time. Should the city be successful in securing the grand funds, staff will request the City Council appropriate the grant funds and the required local match of $26,250 for the Lake Merced Boulevard Lane Reconfiguration and Bicycle Lane Protection Project. For projects of this type, the matching funds would typically be allocated from the City’s Measure A, Measure W or other local transportation related funding sources.
If the project improvements are determined to be effective after monitoring, additional funds will be needed at a later date to implement the improvements long-term.
Summary/Conclusion
Staff recommends that the City Council approve the resolution authorizing staff to submit a grant application to the TA for the Lake Merced Boulevard Lane Reconfiguration and Bicycle Lane Protection Project.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Shirley Chan Richard Chiu, Jr.
Senior Civil Engineer Director of Public Works
City Council Agenda ReportItem # _____
Considerati
Meeting Date: October 10, 2022
Subject: Adopt 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 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. Law enforcement is 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,
Thomas J. Piccolotti
Interim City Manager
Attachments: Resolution in Support of the Caution Against Racially and Exploitive 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, law enforcement is 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, gender identity, weight, or height; and
WHEREAS, there have been numerous incidents across the country 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 reports against people of color for racially motivated reasons are common enough that many people of color have experienced one or more incidents 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: October 10, 2022
Subject: Requesting Use of Federal Asset Forfeiture Funds to Purchase Protective Ballistic Shields for the Daly City Police Department
Recommended Action
Staff recommends Council approve the use of Federal Asset Forfeiture Funds to purchase (5) protective ballistic shields for critical incident responses by the Daly City Police Department.
Background
Daly City Police Officers utilize protective ballistic shields during high-risk critical incidents. Like all ballistic equipment, such as patrol vests, these products have a recommended service life of 5- years to ensure ballistic protection. Our current ballistic shields have exceeded the service life and need replacement.
Discussion
Our department deploys protective ballistic shields during critical incidents on patrol and during high-risk operations involving potentially armed and violent persons. The shields provide a resource for officers, allowing them the ability to efficiently address active threat situations and potentially de-escalate conflict without having to result to force. Ballistic material can degrade over time from use, storage, and environmental factors. To ensure reliable ballistic performance, manufactures recommend a 5-year replacement program. Our current shields have exceeded the recommended replacement timeline, and they are showing signs of degradation from the factors listed above. We are planning to replace (3) shields stored in patrol supervisor vehicles for immediate deployment during active critical incidents within the community, and (2) shields available for our planned critical incident responses with tactical units. Staff evaluated, tested, and received recommendations for several shields. We determined the Point-Blank Enterprise Paraclete Aspis X Gen II ballistic shield meets our needs. This shield is utilized by agencies we have trained with, providing us the opportunity to properly evaluate.
Fiscal Impact
Funding is available using Federal Asset Forfeiture Funds.
The one-time purchase cost for (5) Point Blank Enterprise Paraclete Aspis X Gen II ballistic shields is not to exceed $40,000.00.
Summary/Conclusion
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Cameron Christensen
Acting Chief of Police
City Council Agenda ReportItem # _____
Meeting Date: October 10, 2022
Subject: Notice of Completion for the Polaris Park Improvement Project Playground Equipment Installation
Recommended Action
Staff recommends that the City Council authorize the filing of the Notice of Completion and accept the improvements completed in compliance with the agreement with Ross Recreation Equipment, Inc. for the purchase and installation of new playground equipment and playground safety surface at Polaris Park.
Background
On October 25, 2021, the City Council approved Resolution No. 21-141, “Approving Applications for Per Capita Grant Funds”. The Polaris Park Improvement project was included in the application submittal. Polaris Park was chosen due to the age and condition of the play equipment and the inability to find replacement parts in the event of a failure.
The Per Capita Program allocation for the City of Daly City is $244,645. The Per Capita Program requires a minimum 20% local match. The total estimated cost of the project is $375,000 which includes a 15% contingency.
On February 28, 2022, the City Council approved Resolution No. 22-37, authorizing the City Manager to execute an agreement with Ross Recreation Equipment, Inc to purchase and install new playground equipment and safety surface at Polaris Park in the amount of $243,336.39 as part of the Polaris Park Improvement Project.
Discussion
Ross Recreation Equipment, Inc. of Santa Rosa, California has completed all improvements required by the agreement for a total amount of $243,336.39.
Upon authorization by City Council, the Notice of Completion will be recorded, and retention payment will be released after noticing period has been completed.
Fiscal Impact
The contract was completed in the total amount of $243,336.39 with funds available in FY 2021-22 Capital Projects Fund – Polaris Park Improvement Project account 31-317-940.
Notice of Completion for the Polaris Park Improvement Project Playground Equipment Installation Meeting Date: October 10, 2022
Summary/Conclusion
Ross Recreation Equipment, Inc. of Santa Rosa, California has completed all work described in the agreement. Staff recommends that the City Council authorize the filing of the Notice of Completion and accept the completed improvements.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Jeffery Fornesi Richard Chiu, Jr.
Asst. to the Director of Public Works Director of Public Works Attachments:
1. Notice of Completion
2. Resolution
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
OFFICE OF THE CITY CLERK
CITY OF DALY CITY
333 - 90th Street
Daly City, California 94015
Notice of Completion
NOTICE IS HEREBY GIVEN as follows:
1. The date of completion of the work of improvement is:
2. The owner of the work of improvements is: City of Daly City, a Municipal Corporation.
3. The address of the owner of the work of improvement is: City Hall 333 - 90th Street
Daly City, California 94015
4. The nature of the owner’s interest or estate is: In fee.
5. The work of improvement is located in Daly City, California, and is particularly described as follows:
POLARIS PARK IMPROVEMENT PROJECT
PLAYGROUND EQUIPMENT INSTALLATION
The name of the original contractor for the work of improvement is:
Ross Recreation Equipment, Inc.
100 Brush Creek Road, #206
Santa Rose, CA 95404
Dated:
The undersigned, being duly sworn, says: That he is the owner of the aforesaid interest or estate in the pro perty described in the foregoing notice; that he has read t he same, and knows the contents thereof, and that the facts stated therein are true.
CITY OF DALY CITY, OWNER
Richard Chiu, Jr., Public Works Director
STATE OF CALIFORNIA,
COUNTY OF SAN MATEO }SS.
Subscribed and sworn to (or affirmed) before me on this day of , 2022 ,
by . , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Signature
Name (Typed or Printed)
Notary Public in and for said County and State
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DALY CITY ACCEPTING
COMPLETION OF CERTAIN PROJECT IN THE
DEPARTMENT OF PUBLIC WORKS
(Polaris Park Improvement Project Playground Equipment Installation)
A. The Project Manager has a dvised t hat the project se t forth hereinafter has been completed in accordance with the terms of the contract with the City of Daly City and Ross Recreation Equipment, Inc., a CA Corporation.
B. The City Council of the City of Daly City desires to acknowl edge the completion of such project so that notice of completion may be given.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Daly City that pursuant to the above, the City of Daly City does hereby accept as complete the following described project:
POLARIS PARK IMPROVEMENT PROJECT
PLAYGROUND EQUIPMENT INSTALLATION
BE IT FURTHER RESOLVED by the City Council of the City of Daly City that said project be, and it is hereby accepted as complete, and at the expiration of fifty -five (55) days from this date, final payment in connection with this pro ject be, and it is hereby authorized, provided that all statutory liens, claims and withholds are satisfied pursuant to law.
I hereby certify the foregoing to be a true copy of a Resolution adopted by the City C ouncil of Daly City, California, at a special meeting thereof held on the ______ day of __________________, 20____, 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: October 10, 2022
Subject:Setting Time and Place of Public Hearing – Proposed Adoption of Ordinance for Unlawful Possession of Catalytic Converters
Recommended Action
City Council to set October 24, 2022, during the regularly scheduled Council meeting as time and place, of public hearing for first reading of the proposed adoption of an Ordinance for the unlawful possession of catalytic converters.
Background
Catalytic converter thefts have risen steadily over the last few years, causing financial and emotional strain on community members forced into costly and time-consuming repairs. Criminal statutes exist to combat the theft trend, however mere possession of what appears to be a stolen catalytic converter without an identified victim or other evidence remains a challenge to prove.
Discussion
Catalytic converter thefts have become one of the most lucrative crimes. The vehicle emissions part can be recycled for valuable metals within the converter or sold back to repair shops acting as a fence for the stolen property. Citizens of Daly City have been victimized by what is difficult crime to combat, costing them thousands of dollars and extensive time away from their personal and professional lives while coordinating repairs. The Daly City Police Department took 90 catalytic converter thefts in 2020, 182 in 2021 and are on pace to average a similar number of thefts in 2022, with 149 cases already this year. Criminal statutes for tampering with a vehicle or possession of stolen property exist, but both require corroborating or additional evidence for arrest and prosecution.
It is possible for an officer to encounter a subject with what appears to be an unlawfully possessed catalytic converter. Without an identified victim or additional evidence, there is little an officer can do to arrest or confiscate the item. The proposed Daly City Ordinance would make it unlawful to possess what could be articulated as a stolen catalytic converter. The officer could confiscate the item and cite the individual for a municipal code infraction, heard before a court at a hearing with a potential fine.
Staff believes this Ordinance will provide an enforcement tool to what has become significant strain on our community. Staff is recommending that the City Council set October 24, 2022, during the regularly scheduled Council meeting, as time and place for the initial public hearing to review and introduce a new ordinance.
Summary/Conclusions
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Cameron Christensen
Acting Chief of Police
City Council Meeting Agenda ReportItem # _____
Meeting Date: October 10, 2022
Subject: Resolution of Support for City and County Association of Government’s (C/CAG) Transportation Demand Management (TDM) Program
Recommended Action
Adopt a Resolution supporting City and County Association of Government’s (C/CAG) Transportation Demand Management (TDM) Program.
Background
C/CAG is responsible for overseeing the San Mateo Congestion Management Program (CMP). The Land Use Impact Policy – also known as the TDM Policy – is a component of the CMP. The policy provides guidelines for analyzing the impact of land use decisions made by local municipalities in the County. The purpose of the policy is to preserve acceptable performance on the county’s network and to establish community standards for consistent, system-wide review of development-related transportation impacts.
Transportation Demand Management (TDM) refers to policies and strategies that aim to reduce travel demand, particularly single occupant vehicles, or to redistribute that demand to off-peak times. Reducing the demand for single occupant vehicles trips and shifting those trips to carpools, bicycles, pedestrians, and transit trips are ways to reduce congestion and make more efficient use of the existing transportation system.
Discussion
As of January 1, 2022 the C/CAG TDM Policy requires that local jurisdictions in San Mateo County notify C/CAG of any new development project that is estimated to generate 100 average daily trips (ADT).
C/CAG has prepared a checklist that jurisdictions can provide to developers to complete and submit to C/CAG prior to project approval. The selected TDM measures can then be incorporated into the project in the form of Conditions of Approval.
Commute.org will be a partner to C/CAG and will also be available for checklist assistance to local jurisdictions and/or development applicant. Implementation will be a collaboration between project applicants/tenants, local jurisdiction, Commute.org, and C/CAG. Commute.org will biennially survey project tenants and employees regarding status of TDM measures conditioned by the local jurisdiction during development review.
Staff has been in contact with C/CAG staff about upcoming projects that will be subject to this policy and intends to participate in the program as required.
Respectfully submitted,
Tatum Mothershead
Director, Economic and Community Development
1 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DALY
SUPPORTING CITY AND COUNTY ASSOCIATION OF GOVERNMENT’S
TRANSPORTATION DEMAND MANAGEMENT PROGRAM
WHEREAS, the City of Daly City desires to adopt a Resolution supporting City and County Association of Government’s (C/CAG) Transportation Demand Management (TDM) Program, and WHEREAS, C/CAG is responsible for overseeing the San Mateo Congestion Management Program (CMP). The Land Use Impact Policy – also known as the TDM Policy – is a component of the CMP. The policy provides guidelines for analyzing the impact of land use decisions made by local municipalities in the County. The purpose of the policy is to preserve acceptable performance on the county’s network and to establish community standards for consistent, system-wide review of development-related transportation impacts, and
WHEREAS, TDM refers to policies and strategies that aim to reduce travel demand, particularly single occupant vehicles, or to redistribute that demand to off-peak times. Reducing the demand for single occupant vehicles trips and shifting those trips to carpools, bicycles, pedestrians, and transit trips are ways to reduce congestion and make more efficient use of the existing transportation system, and WHEREAS, As of January 1, 2022 the C/CAG TDM Policy requires that local jurisdictions in San Mateo County notify C/CAG of any new development project that is estimated to generate 100 average daily trips. Implementation of the policy will be a collaboration between project applicants/tenants, local jurisdiction, Commute.org, and C/CAG. Commute.org will biennially survey project tenants and employees regarding status of TDM measures conditioned by the local jurisdiction during development review.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Daly City that it does hereby support the City and County Association of Government’s Transportation Demand Management Program
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 Agenda ReportItem # _____
Meeting Date: October 10, 2022
Subject: Reject All Bids for the Mussel Rock Sediment Removal Project Recommended Action
Staff recommends that the City Council reject all bids for the Mussel Rock Sediment Removal Project.
Background
The Mussel Rock Landfill is a closed landfill in Daly City located adjacent to the Pacific Ocean near Westline Drive. It contains over a million cubic yards of waste and is subject to continuous land movement and erosion. The site contains two, large landfill areas, more formally known as the Lower Disposal Area (LDA) within the middle and southern areas of the site, and the Upper Disposal Area (UDA) located in the northern portion of the site.
The Mussel Rock Sediment Removal Project would have removed approximately 1,500 cubic yards of sediment and other materials from the beach area on the north side of Mussel Rock Landfill, and would have stockpiled the material on-site.
Discussion
Two (2) proposals were received for this project on August 8, 2022 with total bids of $497,966.25 and $508,000.00.
The following table summarizes the two bids:
Bidder Total Bid Comment on
Bidder
1. Patriot Environmental
Services $497,966.25 Responsive
Proposal
2. Brannon Corporation $508,000.00 Responsive
Proposal
The apparent responsive and responsible low bidder is Patriot Environmental Services of Wilmington, California.
However, based on recent geotechnical review and new information of the project area, staff do not recommend moving forward with the project at this time.
Fiscal Impact
There is no fiscal impact as a result of this action.
Reject All Bids for the Mussel Rock Sediment Removal Project Meeting Date: October 10, 2022
Summary/Conclusion
Staff recommends that the City Council reject all bids for the Mussel Rock Sediment Removal Project.
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: October 10, 2022
Subject:Continuance of 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 continue this matter to the October 24, 2022 meeting to ensure developer and consultant attendance.
Background
Selection of a developer for the City-owned parcel at 1837 Junipero Serra Boulevard was previously scheduled for the September 26, 2022 meeting, but was continued to tonight’s meeting.
To ensure that both development teams and the City’s consultant, Kosmont, are available, staff is requesting to have this item be heard on the regular Council meeting of October 24, 2022.
Respectfully submitted,
Tatum Mothershead
Director, Economic and Community Development
City Council Meeting Agenda ReportItem # _____
Meeting Date: October 10, 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 October 10, 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 October 10, 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
City Council Meeting Agenda ReportItem # _____
props
Meeting Date: October 10, 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: October 10, 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
October 11, 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 October 10, 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