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 24, 2022 - 7:00 PM
To attend in person:
Monday, October 24, 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/dalycityoct24zoom
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/dalycityoct24zoom. 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: 854 3480 5814, 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 854 3480 5814, 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 24, 2022
CALL TO ORDER:
PLEDGE TO THE FLAG:
ROLL CALL:
PRESENTATIONS:
1. Art & Lit Fest and Daly City Youth Poet Laureate - Aileen Cassinetto, 2019-2022 San Mateo County Poet Laureate & Victoria Magbilang, DCPLA Executive Director
2. San Mateo County Shared Micromobility Feasibility Study and Implementation Plan - Kim Weaver, C/CAG
3. Proclamation - Domestic Violence Awareness Month, Junior Flores - President of ALLICE Kumares and Kumpares
4. Proclamation - National Breast Cancer Awareness Month
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:
5. Adopt Resolution for the State Lands Commission Lease - Vista Grande
6. Set Time and Place for a Public Hearing on Community Development and Housing Needs, and Authorizing the Solicitation of Request for Proposals of CDBG Funds (Set Hearing: 12/12/22)
7. Commend Angela Padilla on the Occasion of Her Retirement
8. Adopt Memorandum of Understanding and Salary Schedule between the City of Daly City and Fire Management
9. Authorize the Purchase of Submersible Well Pump
Agenda – City Council
Monday, October 24, 2022
Check Registers:
10. Check Registers for the Month of September 2022
END OF CONSENT AGENDA
PUBLIC HEARINGS:
11. Introduction of Ordinance Adding Chapter 9.58 - Re: Unlawful Possession of Used Catalytic Converter
STAFF: Cameron Christensen
RECOMMENDATION: Motion for City Attorney to Read by Title Only Councilmember Introduce Ordinance
COMMUNICATIONS:
12. Developer Selection and Authorization to Prepare an Exclusive Negotiating Agreement for 1837 Junipero Serra Blvd. Daly City, California
STAFF: Tatum Mothershead
RECOMMENDATION: Council Determination
13. Parking Variance for Day Care Center at 92 Hill Street – Variance VARC-5-22-15962 A. Findings
B. EA (Categorical Exemption)
C. VARC-5-22-15962
STAFF: Brian Paland
RECOMMENDATION: Adopt Resolution by Roll Call Vote
14. Parking Variance for Restaurant Use at 6540 Mission Street – Variance VARC-5-22-15680 A. Findings
B. EA (Categorical Exemption)
C. VARC-5-22-15680
STAFF: Brian Paland
RECOMMENDATION: Adopt Resolution by Roll Call Vote
Agenda – City Council
Monday, October 24, 2022
15. Appeal of Administrative Use Permit AUP-5-22-15728 AT&T Wireless Facility Use Permit Renewal and Modification, 1000 Crocker Avenue, Daly City (APN 004-450-130) A. Findings
B. EA (Categorical Exemption)
C. AUP-5-22-15728
STAFF: Brian Paland
RECOMMENDATION: Adopt Resolution by Roll Call Vote
16. Report of Planning Commission Action Related to Zone Change ZC-09-21-015237 – Amendment to King Plaza Planned Development Zoning (PD 47) STAFF: Michael Van Lonkhuysen
RECOMMENDATION: Council Determination
APPOINTMENTS: Board/Commission Membership Committee Appointments
REPORTS:
17. Council Committee
18. City Council
19. Staff
ADJOURNMENT:
Proclamation
Domestic Violence Awareness Month
October 2022
WHEREAS, the City of Daly City recognizes and participates in public awareness to support National Domestic Violence Awareness Month; and WHEREAS,Domestic Violence Awareness Month provides an excellent opportunity for citizens to learn more about preventing domestic violence and to show support for the organizations and individuals who provide critical advocacy, services, and assistance to victims; and
WHEREAS,on average, 24 people per minute are victims of rape, physical violence or stalking by an intimate partner in the United States which totals 12 million women and men over the course of a year; and
WHEREAS,the problem of domestic violence is not confined to any group or groups of people, but crosses all economic, racial, gender, educational, religious, and societal barriers, and are sustained by societal indifference; and WHEREAS, the crimes of domestic violence violate an individual’s privacy, dignity, security, and humanity due to the systematic use of physical, emotional, sexual, psychological, and economic control and/or abuse; and WHEREAS, oftentimes the victims of domestic violence are children, who can have lifelong repercussions from the emotional or physical trauma of being exposed to domestic violence; and
WHEREAS,domestic violence survivors and their advocates have rallied to the cause of victim justice.
NOW, THEREFORE, I, Roderick Daus-Magbual, Mayor, and members of the City Council, hereby proclaim October 2022 as Domestic Violence Awareness Month in the City of Daly City and encourage the Daly City community to stand together against domestic violence, to offer support and understanding to survivors, and to participate in domestic violence awareness activities.
Signed and sealed by the Mayor and City Council
of the City of Daly City this 24th day of October
2022.
Roderick Daus-Magbual, Mayor
Raymond A. Buenaventura, Vice Mayor
Pamela DiGiovanni, Councilmember
Juslyn C. Manalo, Councilmember
Glenn R. Sylvester, Councilmember
Proclamation
National Breast Cancer Awareness Month
October 2022
WHEREAS, October is National Breast Cancer Awareness Month, an annual campaign to raise awareness about the impact of breast cancer in women and men and honor those who have lost their battle to this terrible disease; and WHEREAS,breast cancer is the second most common cancer affecting women. It is estimated 1 in 8 women will develop breast cancer over the course of their lifetime and 281,550 women will be diagnosed with breast cancer in the United States in 2021; and
WHEREAS,early detection is one of the most important strategies for treating breast cancer successfully, and regular screenings are the most reliable way to detect it early. There is renewed energy focusing on getting women to do the recommended screening schedule, before a cancer has spread and becomes less treatable; and
WHEREAS,the COVID-19 pandemic has disrupted many parts of our lives and has produced new deficits in breast cancer early detection. It is important to maintain scheduled screenings, doctor appointments, and treatments without delay while observing coronavirus safety measures; and WHEREAS, we applaud the advocates, medical professionals, researchers and caregivers who dedicate their lives to making progress toward cures; and WHEREAS, we stand in solidarity with breast cancer survivors across the country; and WHEREAS,the Pink Ribbon has become the universal symbol of breast cancer, illustrating the cause, raising awareness, and bringing together women in solidarity. By wearing a simple piece of ribbon affixed with a pin, we are able to show our support for breast cancer awareness; and NOW, THEREFORE, I, Roderick Daus-Magbual, Mayor, and members of the City Council, hereby proclaim October 2022 as NATIONAL BREAST CANCER AWARENESS MONTH in Daly City and urge all citizens to rise to the occasion of becoming involved with breast cancer awareness by learning the warning signs and what steps to take in order to help prevent fatalities related to breast cancer.
Signed and sealed by the Mayor and City Council
of the City of Daly City this 24th day of October
2022.
Roderick Daus-Magbual, Mayor
Raymond A. Buenaventura, Vice Mayor
Pamela DiGiovanni, Councilmember
Juslyn C. Manalo, Councilmember
Glenn R. Sylvester, Councilmember
City Council Agenda ReportItem # _____
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Considerati
Meeting Date: October 24, 2022
Subject: Resolution Approving and Authorizing Execution of Lease Agreement with the State Lands Commission Regarding the Vista Grande Drainage Basin Improvement Project (Lease No. 1364)
Recommended Action
Adopt Resolution approving and authorizing execution of lease agreement with the State Lands Commission regarding the Vista Grande Drainage Basin Improvement Project.
Background
The Vista Grade Drainage Basin Improvement Project is a groundwater storage and recovery project to address storm-related flooding in the Vista Grande Drainage Basin. The Vista Grande Drainage Basin is the watershed that drains an approximately 2.5 square mile area, which includes Daly City and unincorporated Broadmoor Village in northwestern San Mateo County, via an underground collection system that conveys flows to the Vista Grande Canal and Tunnel, and ultimately discharges into the Pacific Ocean. When large rainstorms occur, flows back up in the Canal, causing flooding in local neighborhoods and water flowing across John Muir Drive into Lake Merced.
On December 11, 2017, Daly City approved the Project, certified the Final EIR/EIS, and adopted the accompanying Mitigation Monitoring and Reporting Plan (MMRP). The Project will improve stormwater drainage and reduce flooding risk, provide a water source for Lake Merced, and improve recreational access and reduce litter deposition at the beach below Fort Funston.
Daly City requires a long-term lease (35 years) from the State Lands Commission because certain Project components are located on State lands. Project elements and work on State lands will include those along the Fort Funston beach, below the Pacific Ocean’s mean high tide line. Within this area, Daly City will demolish and remove the existing ocean outlet, and remove and replace a segment of the existing 33-inch diameter submarine outfall pipeline. The State Lands Commission will consider the Lease Agreement (the “Lease”) on October 25, 2022.
Fiscal Impact
No significant fiscal impact is anticipated. The City of Daly City is not required to issue monetary rent under the Lease, but the State reserves the right to, at any time, set a monetary rent if the State Lands Commission finds doing so is in the State’s best interest.
Summary/Conclusion
Staff recommends that the City Council adopt the attached Resolution approving and authorizing execution of the Lease with the State Lands Commission regarding the Vista Grande Drainage Basin Improvement Project.
Resolution Approving and Authorizing Execution of Lease Agreement with the State Lands Commission Regarding the Vista Grande Drainage Basin Improvement Project (Lease No. 1364).
Meeting Date: October 24, 2022
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Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Rose Zimmerman Joshua Cosgrove
City Attorney Acting Director
Attachments:
Draft Resolution
Lease Agreement
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(RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DALY CITY
APPROVING AND AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH THE
STATE LANDS COMMISSION REGARDING THE VISTA GRANDE DRAINAGE BASIN IMPROVEMENT PROJECT (LEASE NO. 1364)
WHEREAS, the Vista Grande Drainage Basin Improvement Project (“Project”) is a groundwater storage and recovery project to improve stormwater drainage and reduce flooding risk, provide a water source for Lake Merced, and improve recreational access and reduce litter deposition at the beach below Fort Funston.
WHEREAS, on December 11, 2017, the City Council of the City of Daly City approved the Vista Grande Drainage Basin Improvement Project, certified the Final Environmental Impact Report/Environmental Impact Statement (Final EIR/EIS), and adopted the accompanying Mitigation Monitoring and Reporting Program (MMRP).
WHEREAS, Daly City requires a long-term lease from the State Lands Commission because certain Project components are located on State lands. Project elements and work on State lands will include those along the Fort Funston beach, below the Pacific Ocean’s mean high tide line. Within this area, Daly City will demolish and remove the existing ocean outlet and remove and replace a segment of the existing 33-inch diameter submarine outfall pipeline.
WHEREAS, the lease agreement between the City of Daly City and the State Lands Commission (the “Lease”) will allow for the use, repair, and maintenance of the existing 33-inch diameter sanitary sewer outfall pipeline with diffusers and all appurtenances thereto; the demolition and removal of a portion of the concrete outlet structure; the removal of abandoned concrete pipeline support structures; the installation, use, maintenance, and removal of a temporary sheet pile cofferdam; and temporary access during construction.
WHEREAS, the Lease will be for a term of thirty-five (35) years, beginning on October 25, 2022 and ending on October 24, 2057.
WHEREAS, the Lease will be considered by the State Lands Commission at its October 25, 2022 meeting.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Daly City that it does hereby:
1. Approve the Lease by and between the City of Daly City and the State of California, acting by and through the State Lands Commission, for the Vista Grande Drainage Basin Improvement Project, a copy of which is attached hereto as Exhibit “A” and incorporated herein by this reference.
2. Authorize Joshua Cosgrove, Acting Director of the City of Daly City Department of Water and Wastewater Resources, to execute the Lease for and on behalf of the
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City of Daly City.
3. Find that the 2017 Final EIR/EIS included the Project components covered in the Lease and that no subsequent environmental review is required under Public Resources Code section 21166 or CEQA Guidelines section 15162.
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
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RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
STATE OF CALIFORNIA
California State Lands Commission
Attn: Land Management Division
100 Howe Avenue, Suite 100-South
Sacramento, CA 95825-8202
STATE OF CALIFORNIA
OFFICIAL BUSINESS
Document entitled to free recordation
pursuant to Government Code Section
27383
SPACE ABOVE THIS LINE FOR RECORDER'S USE
A.P.N.: 7282-006
County: San Francisco
LEASE 1364
This Lease consists of this summary and the following attached and incorporated parts:
Section 1 Basic Provisions
Section 2 Special Provisions Amending or Supplementing Section 1 or 3 Section 3 General Provisions
Exhibit A Land Description
Exhibit B Site and Location Map
Exhibit C Mitigation Monitoring Program
SECTION 1: BASIC PROVISIONS
THE STATE OF CALIFORNIA (“Lessor”), acting by and through theCALIFORNIA STATE LANDS COMMISSION (100 Howe Avenue, Suite 100-South, Sacramento, California 95825-8202), pursuant to Division 6 of the Public Resources Code and Title 2, Division 3 of the California Code of Regulations, and for consideration specified in this Lease, does hereby lease, demise, and let to CITY OF DALY CITY, acting by and through its DEPARTMENT OF WATER AND WASTEWATER RESOURCES (“Lessee”), those certain lands described in Exhibit A hereinafter referred to as Lease Premises, subject to the reservations, terms, covenants, and conditions of this Lease.
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MAILING ADDRESS: City of Daly City
Department of Water and Wastewater Resources
153 Lake Merced Boulevard
Daly City, CA 94105
LEASE TYPE: General Lease - Public Agency Use
LAND TYPE: Sovereign
LOCATION: The Pacific Ocean, near Fort Funston, City and County of San Francisco as described in Exhibit A attached and by this reference made a part hereof.
LAND USE OR PURPOSE:
Use, repair, and maintenance of an existing 33-inch diameter sanitary sewer outfall pipeline with diffusers and all appurtenances thereto, the demolition and removal of a portion of the concrete outlet structure, the removal of abandoned concrete pipeline support structures; the installation, use, maintenance, and removal of a temporary sheet pile cofferdam; and temporary access during construction.
TERM:
35 years; beginning October 25, 2022; ending October 24, 2057, unless sooner terminated as provided under this Lease (the “Term”).
CONSIDERATION:
The public health and safety; with the State reserving the right at any time to set a monetary rent if the Commission finds such action to be in the State’s best interest.
LIABILITY INSURANCE:
Lessee: $0
Contractor: General Liability Insurance in an amount no less than $10,000,000 per occurrence; coverage to be maintained during construction activities.
SURETY BOND OR OTHER SECURITY
Lessee: $0
Contractor: In an amount no less than $550,000; to be maintained during construction activities.
SECTION 2: SPECIAL PROVISIONS
BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED, REVISED, OR SUPPLEMENTED AS FOLLOWS:
1. Lessee acknowledges that the land described in Exhibit A of the Lease is subject to the Public Trust and is presently available to members of the public for recreation, waterborne commerce, navigation, fisheries, open space, or other recognized
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Public Trust uses and that Lessee’s authorized activities and use of the Lease Premises shall not interfere or limit the Public Trust rights of the public.
2. Lessee acknowledges that the Lease Premises and adjacent upland are located in an area that may be subject to effects of climate change, including sea-level rise.
To prepare for the potential effects of sea-level rise, including flood damage, erosion damage, tsunamis, and damage from waves and storm-created debris, the Lessee acknowledges and agrees to the following:
a. Hazards associated with sea-level rise may require additional maintenance or protection strategies regarding the improvements or proposed activities on the Lease Premises.
b. Consistent with Section 3, Paragraph 8, the Lessee assumes the risks associated with such potential hazards and agrees to be solely responsible for all damages, costs, and liabilities arising as a result of the impacts of such hazards on the Lease Premises. Any additional maintenance or protection strategies necessitated by such hazards may require additional approval by Lessor pursuant to Section 3, Paragraph 5(a) and be subject to environmental review.
3. In issuing this Lease and authorizing the improvements and activities described in Lease Section 1, Lessor is relying on the information and data provided by the Lessee in its application and accompanying materials. It is the responsibility of the Lessee to ensure that the information provided is accurate. If the information and data prove to be false, materially incomplete, or inaccurate, this Lease may be modified, suspended, or revoked, in whole or in part, and the Lessor may, in addition, institute appropriate legal proceedings to have the authorized improvements modified or removed from the Lease Premises in accordance with Section 3, Paragraph 12 of this Lease.
4. Lessee acknowledges and agrees to be bound by and fully carry out, implement, and comply with all mitigation measures and reporting obligations identified as the Lessee’s or Responsible Party’s responsibility as set forth in the Mitigation Monitoring Program (“MMP”) attached hereto as Exhibit C and by this reference made a part of this Lease, or as modified by Lessor as permitted by law. The Lessee shall be responsible for all costs associated with the MMP.
5. Lessee shall submit a copy to Lessor of the Contractor’s General Liability Insurance policy or other proof of coverage in the minimum amount specified in Lease Section 1within 60 days of contract award. The insurance coverage shall name the State of California as an additional insured and reference the Lease number, Lease 1364. “Contractor” shall mean a construction contractor retained by Lessee to perform the work described in this Lease.
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6. Lessee shall submit a bond or other surety in the minimum amount specified in Lease Section 1 at least 15 days prior to commencement of construction. The surety shall be released upon Lessee’s request following Lessee’s issuance of a Notice of Project Completion or other satisfactory notice provided to Lessor’s staff.
7. At least 24 hours prior to and during construction activities, Lessee shall post and maintain warning signs and barriers to minimize potential hazards to the public including but not limited to safety fencing from the beach access point to the construction zone. Public safety warning signs shall be installed on all seasonally exposed pipelines.
8. Lessee shall maintain a current National Pollutant Discharge Elimination System (NPDES) permit, to the extent required on the Leased Premises by the Clean Water Act (33 U.S.C. §§ 1251 et seq.), during the term of the lease.
9. At least sixty (60) days prior to start of any construction/demolition activities in the Lessor’s jurisdiction, Lessee shall provide the following for Lessor’s review:
a. A final set of engineering design drawings marked “as issued for construction”, and certified (stamped, signed, and dated) by a California registered Civil/Structural Engineer, showing details of the Vista Grande Drainage Basin Improvement project (Project) in the Lessor’s jurisdiction in both plan view and profile that includes but is not limited to full removal of abandoned structures, installation of new piers and new submarine outfall pipeline segment, the existing piers/submarine outfall pipeline segment/structure/utilities, temporary sheet piles or cofferdam, etc. The drawings shall also include a depiction of the Lease Premises relative to the work area.
b. A construction contractor’s work execution plan providing details of construction methods and procedures to be employed for each significant work activity, manpower, equipment, vessels (if applicable), safety procedures, and site restoration for the work in the Lessor’s jurisdiction. Dumping of any debris into State waters is not allowed; provided, however, that this prohibition does not apply to discharges of dredged or fill material authorized by permits issued by the San Francisco Bay Regional Water Quality Control Board or U.S.
Army Corps of Engineers.
c. A set of approved contractor’s welding procedures, current and qualifying welder’s certificates, and welding inspection and quality control program and procedures.
d. Details of the hydrostatic testing procedures for the new submarine outfall pipeline segment that include test pressure, duration, passing criteria, pressure rating of the new pipe segment, etc.
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e. A project-specific hazardous spill contingency plan. The plan shall include, but not be limited to, anticipated spill scenarios, response procedures to be implemented, specific designation of the onsite person with responsibility for implementing the plan, onsite spill response materials/tools/equipment, and spill notification protocol. It shall also include a complete list of the agencies (with telephone number) to be notified in case of a spill, including but not limited to California State Lands Commission's 24-hour emergency notification number (562) 590-5201, California Governor’s Office of Emergency Services (Cal OES) contact number (800) 852-7550.
f. A critical operations and curtailment plan. This plan will define the limiting conditions of sea state, wind, or any other weather conditions that exceed the safe operation in the water, that hinder potential spill cleanup, or that in any way pose a threat to personnel or the safety of the environment. The plan needs to provide for a minimum ongoing five (5) day advance favorable weather forecast during in-water operations. The plan also needs to identify the onsite person with authority to determine critical conditions and suspend work operations when needed.
g. A construction schedule showing all significant work activities that will take place during the course of construction in the Lessor’s jurisdiction.
10.At least fifteen (15) days prior to start of any work or construction in State waters, a Local Notice to Mariners shall be submitted to the U.S. Coast Guard (USCG). A copy of the published Notice shall be filed electronically by the Lessee with the Lessor immediately.
11. Work shall be carried out in conformance with all applicable federal, state, and local regulations, requirements, and current industry standards.
12. For any work/construction activities within the Lessor’s jurisdiction, Lessee shall report to Lessor the work/construction activities with weekly job logs electronically before Monday the following week. During installation of the new piers, the weekly job logs shall record the actual embedment depths in very dense Merced Formation.
13. Any vehicles, equipment, or machinery to be used on the Lease Premises are limited to those which are directly required to perform the authorized use and shall not include any vehicles, equipment, or machinery that may cause damage to the Lease Premises or lands subject to Lessor’s jurisdiction.
14. No vehicle or equipment refueling, maintenance, or repairs will be permitted within the Lease Premises or lands subject to Lessor’s jurisdiction.
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15. Lessee acknowledges and agrees that Lessor shall not be responsible for any damages to any property, including but not limited to, any vehicles, equipment, machinery, or tools within the Lease Premises or lands subject to Lessor’s jurisdiction.
16. Within sixty (60) days following Notice of Completion of the Project from Lessee’s City Council, Lessee shall provide post-construction project verification including:
a. A set of “as-built” construction plans, certified (stamped, signed, and dated) by a California registered Civil/Structural Engineer, showing all design changes or other amendments to the construction as originally approved. b. Certified copies of all completed pipeline integrity test results (hydrotests, gauging runs, etc.) including copies of any failed test results with an explanation of the reason for failure.
c. A post-construction written narrative report confirming completion of the project with discussion of any significant field changes or other modifications to the approved design or execution plan, and providing details of any extraordinary occurrences such as spill incidents, accidents involving serious injury or loss of life. The report shall also include written confirmation of site clean- up verification with videography/photography records.
17. No later than December 31, 2022, Lessee shall conduct an integrity assessment, certified by a California registered Civil/Structural Engineer, of the existing submarine outfall pipeline to confirm its fitness for purpose and continued use. No later than December 31, 2027, and at least once every five (5) years thereafter, Lessee shall conduct an integrity assessment, certified by a California registered Civil/Structural Engineer, of the existing and new submarine outfall pipelines installed . Additionally, Lessee shall conduct such assessments when warranted by extraordinary circumstances such as an accident, tsunami or a significant seismic event. The assessment schedule may be modified by mutual agreement among the parties hereto. Within sixty (60) days of each assessment completion, and at no cost to Lessor, Lessee shall submit Lessor copies of the results of integrity assessment, including reports, findings, and recommendations.
18. No later than December 31, 2022, and at least once every two (2) years thereafter, Lessee shall conduct an external inspection of the submarine sewer outfall pipeline along with its diffuser ports and anchoring system. Repair for the submarine diffusers as recommended in the 2021 outfall inspection report prepared by DRS Marine, Inc. shall be implemented as soon as possible. Additionally, Lessee shall conduct such inspections when warranted by extraordinary circumstances such as an accident, tsunami or a significant seismic event. The assessment schedule may be modified by mutual agreement among the parties hereto. Within sixty (60) days of each inspection completion and at no cost to Lessor, Lessee shall submit Lessor copies of the results of external inspections, including reports, findings, and
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recommendations.
19. The placement of any temporary structures, working platforms, piles, construction work barges, work ramps, and warning signs and buoys shall be removed from the lease premises at the completion of the project. Lessee shall submit photographs and other verification documents to Lessor evidencing such removal within 30 days of completion.
20. The Lessee shall agree to indemnify, hold harmless, and, at the option of the Commission, defend the Commission, its officers, agents, and employees against and for any and all liability, claims, damages, or injuries of any kind and from any cause arising out of or connected in any way with any actions by Lessee and its contractors and consultants regarding this Public Agency Use, except to the extent that such liability, claims, damages or injuries are due to the negligence or willful misconduct of the Commission, its officers, agents or employees.
21. NEW LEASE/RESTORATION OF THE LEASE PREMISES APPLICATION: Lessee agrees to submit no later than two (2) years prior to the expiration of this Lease either: (a) an application and minimum expense deposit for a new lease for the continued use of the Lease Premises, or (b) a plan for restoration of the Lease Premises to be completed no later than the expiration of the lease term, pursuant to Paragraph 13 of Section 3, General Provisions, of this Lease.
22. All construction activities shall be carried out in accordance with all applicable safety regulations, permits, and conditions of other involved agencies.
23. Any tools/equipment or debris that fall into State waters shall be promptly and entirely removed if the placement of such tools/equipment or debris is not authorized by permits issued by the San Francisco Bay Regional Water Quality Control Board or U.S. Army Corps of Engineers.
24. All future repairs or structural modifications to any part of the facility within the Lease Premises will require prior review and approval of the Commission, which approval shall not be unreasonably withheld, conditioned or delayed. In the event of an urgent repair requiring immediate action, staff may be contacted at the Commission's 24-hour emergency notification number (562) 590-5201.
25. REIMBURSEMENT OF STAFF EXPENSES:
a) REIMBURSEMENT OBLIGATION: Lessee shall reimburse any and all reasonable expenses incurred by Lessor or its staff in managing the Lease. This does not create an obligation for Lessor to perform any specific work or provide any specific services. Lessor assumes no liability for the work contemplated. The parties agree and acknowledge that this does not create an employment or fiduciary relationship. Any work performed by Lessor shall be done within Lessor’s duties and obligations as a public agency. Lessor retains ownership of any work
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product created and retains full discretion to act in the best interests of the State in managing and monitoring this Lease.
b) SCOPE OF WORK: Lessor’s staff shall perform work required to manage the Lease including, but not limited to, reviewing submittals required by the Lease.
Such work includes any staff costs for review of reports, surveys, and plans. c) ESTIMATED REIMBURSEMENT COSTS: The estimated total cost for the work is Twenty-Five-Thousand Dollars ($25,000) (“Estimated Total Cost”). Land Management Review: $10,000
Engineering Review: $15,000
d) EXPENSE DEPOSIT AND BILLINGS: The total costs invoiced, including expense deposits, for the work authorized shall not exceed the Estimated Total Cost unless Lessor provides Lessee notice of such increase outlined below. Staff costs incurred by Lessor for the work described will be billed in arrears on a monthly basis. All payments are due thirty (30) days from the date of the invoice. Lessor reserves the right to demand an expense deposit equal to the Estimated Total Cost less any funds already paid for the remaining term of the Lease at any time by providing thirty (30) days written notice of such demand. e) ADDITIONAL COSTS: In the event the actual costs for managing and monitoring compliance of the Lease will exceed the Estimated Total Cost, Lessor will provide written notice to Lessee. Such notice will estimate the additional funds needed for the remaining term and state the amount, if any, that Lessee must deposit. Upon notice, Lessee shall have the option to dispute or accept the increase with all the terms and conditions of the Lease remaining unchanged and in effect. Lessee shall inform Lessor within five (5) business days of receiving notice of the cost increase of any intent to dispute the increase. If Lessee agrees to the revised amount or fails to respond as required herein, Lessee will be deemed to have accepted the increase and the Estimated Total Cost will automatically increase to the amount stated on Lessor’s notice of additional costs (Revised Estimated Total Cost). Lessee will be billed for the balance of the Revised Estimated Total Cost.
f) DISPUTES: Any dispute arising under or relating to Lessor’s work which is not disposed of by agreement of Lessee and Lessor’s staff shall be decided by Lessor’s Executive Officer or designee, who shall reduce their decision to writing in regard to the dispute and shall transmit a copy thereof to Lessee within thirty (30) days of notice of the dispute. The decision of the Executive Officer or designee shall be final and conclusive, unless within thirty (30) days from the date of receipt of such copy, Lessee transmits to Lessor a written appeal. Said appeal shall be supported with specificity.
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i. In connection with any appeal proceeding under this clause, Lessee shall have an opportunity to be heard before the State Lands Commission within ninety (90) days of the receipt by staff of Lessee’s written appeal and to offer evidence in support of its appeal. Pending the final decision of any such dispute, Lessee shall proceed in accordance with the written decision of the Executive Officer or designee, which is the subject of Lessee’s appeal including the payment of invoices to the State.
ii. The procedure described herein shall not prejudice or deny Lessee’s remedies at law. However, Lessee agrees to exhaust the procedure described herein before pursuing remedies at law. All amounts paid to the State under protest shall be held by the State in trust until the dispute is resolved.
g) INVOICING AND PAYMENT: Lessee agrees to reimburse Lessor for all reasonable costs associated with lease management, including but not limited to the work and costs described in the Scope of Work above. Staff costs shall be computed in accordance with Section 8752 of the State Administrative Manual and shall include salaries and wages, related staff benefits, and administrative overhead.
Invoices shall be mailed to Lessee at the address identified in Section 1 of this lease, unless otherwise directed in writing by Lessee. Payments shall reference the lease number, Lease 1364, and must be mailed to the following address:
California State Lands Commission
Howe Avenue, Suite 100 South
Sacramento, CA 95825-8202
Attention: Accounting
h) NOTICES AND AUTHORITIES: Any notice or other written communications required or permitted may be personally delivered in writing, or may be sent by certified mail, return receipt requested, to the address stated above and shall, based on such delivery or sending, be deemed to have been effectively communicated. Any notice given other than as provided above, shall not be deemed to be effectively communicated until received in writing. [Remainder of page intentionally left blank]
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SECTION 3
GENERAL PROVISIONS
1. GENERAL
In the case of any conflict between these General Provisions and Special Provisions found in Section 2, the Special Provisions control.
2. DEFINITIONS
For the purposes of this Lease, the following terms shall be defined as stated below:
“Additions” shall be defined as any use or Improvements other than those expressly authorized in this Lease.
“Alterations” shall be defined as any material change in the size, scope, density, type, or nature of Improvements on the Lease Premises from what is authorized in this Lease.
Alterations shall also include any modifications, alterations, or renovations of the land or waterways on the Lease Premises other than those authorized by this Lease. “Breach” shall be defined as a party's unjustified or unexcused nonperformance of a contractual duty the party is required to immediately perform. “Damages” shall include all liabilities, demands, claims, actions or causes of action whether regulatory, legislative or judicial in nature; all assessments, levies, losses, fines, penalties, damages, costs and expenses, including, without limitation: (i) reasonable attorneys’, accountants’, investigators’, and experts’ fees and expenses sustained or incurred in connection with the defense or investigation of any such liability, and (ii) costs and expenses incurred to bring the Lease Premises into compliance with Environmental Laws, a court order, or applicable provisions of a Regulatory Agency. The term “Damages” also includes, expressly, those Damages that arise as a result of strict liability, whether arising under Environmental Laws or otherwise.
“Default” shall be defined as a material Breach of magnitude sufficient to justify termination of the Lease.
“Environmental Law” shall be defined as and include all federal, state, and local environmental, health, and safety laws, statutes, ordinances, regulations, rules, judgments, orders, and notice requirements, which were in effect as of the date of execution of this Lease or are subsequently enacted and lawfully applied hereto, which regulate or relate to (a) the protection or clean-up of the environment; (b) the use, treatment, storage, transportation, handling or disposal of hazardous, toxic or otherwise dangerous substances, wastes or materials; (c) the quality of the air and the discharge of airborne wastes, gases, particles, or other emissions; (d) the preservation or protection of waterways, groundwater, or drinking water; (e) the health and safety of persons or property; or (f) imposition of liability with respect to any of the foregoing, including without limitation, the California Environmental
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Quality Act (CEQA) [PRC §§ 21000 et seq.]; the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) [42 USCS §§ 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 (RCRA) [42 USCS §§ 6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act (FWPCA) [33 USCS §§ 1251 et seq.]; the Toxic Substances Control Act (TSCA) [15 USCS §§ 2601 et seq.]; the Hazardous Materials Transportation Act (HMTA) [49 USCS §§ 1801 et seq.]; the Insecticide, Fungicide, Rodenticide Act [7 USCS §§ 136 et seq.]; the Superfund Amendments and Reauthorization Act [42 USCS §§ 6901 et seq.]; the Clean Air Act [42 USCS §§ 7401 et seq.]; the Safe Drinking Water Act [42 USCS §§ 300f et seq.]; the Solid Waste Disposal Act [42 USCS §§ 6901 et seq.]; the Surface Mining Control and Reclamation Act [30 USCS §§ 1201 et seq.]; the Emergency Planning and Community Right to Know Act [42 USCS §§ 11001 et seq.]; the Occupational Safety and Health Act [29 USCS §§ 655 and 657]; the California Underground Storage of Hazardous Substances Act [H & S C §§ 25280 et seq.]; the California Hazardous Substances Account Act [H & S C §§ 25300 et seq.]; the California Hazardous Waste Control Act [H & S C §§ 25100 et seq.]; the California Safe Drinking Water and Toxic Enforcement Act [H & S C §§ 24249.5 et seq.]; the Porter-Cologne Water Quality Act [Water C §§ 13000 et seq.] together with any amendments of or regulations promulgated under the statutes cited above. “Hazardous Material” shall be defined as and include any substance which falls within the definition of hazardous substance, hazardous waste, hazardous material, toxic substance, solid waste, pollutant, or contaminant, under any Environmental Law. “Improvements” shall be defined as any modification, alteration, addition, or removal of any structure , and any other action which serves to change the condition of the Lease Premises from the natural state whether situated above, on, or under the Lease Premises.
Improvements include, but are not limited to buildings, structures, facilities, decks, docks, wharves, piers, walks, curbs, bridges, buoys, landscaping, roadways, shoreline protective structures of all types, foundations, pilings or similar support structures whether above or below the water line, fences, utilities, pipelines, and any other construction of any type situated on the Lease Premises.
“Lease” shall be defined as this lease contract together with all amendments and exhibits. “Lease Premises” shall be defined as the area of land, together with any improvements located thereon, the use and occupancy of which is authorized by this Lease. “Lessor” shall be defined as the state of California, acting by and through the California State Lands Commission, including the Commissioners, their alternates and designates, the Executive Officer, and the staff of the California State Lands Commission. “Regulatory Agency” shall include any Federal, State, County, Municipal, or Local agency having jurisdiction over the Lease Premises.
“Repairs” shall be defined as all work of any kind made to maintain, change, restore, strengthen, replace, alter, or otherwise affect any Improvement on the Lease Premises.
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“Residence” shall be defined as any Improvement, whether permanent, movable, or temporary, or a portion thereof, which is for the time being a home or place of lodging. A Residence includes any Improvement affixed to the land such as trailers or cabins, built on a raised foundation such as stilts or pilings, and floating residences such as boats, barges, arks, and houseboats, and any combination of such Improvements which provide residential accommodations to the Lessee or others. “Residence” shall not include transitory, intermittent, recreational use of facilities such as campgrounds. “Residential Use” shall be defined as Improvements such as, but not limited to, sundecks, and sunrooms which are extensions of, or additions to, the upland property and are not water- dependent uses. Although the various uses or Improvements which may fall under this definition may vary by geographic area, lease type, or other factors, it is the intention of the parties to include in this definition all uses and Improvements which are not water-dependent but residential in nature, or those uses and Improvements which are not consistent with common law public trust principles and values.
3. CONSIDERATION
(a) Absolute Triple Net Lease
This Lease is an absolute triple net lease, pursuant to which Lessor has no obligation with respect to the payment of taxes, insurance, the cost of maintenance, utilities and repairs or other costs or obligations associated with the Leased Premises, except as expressly stated herein.
(b) Rent
Lessee agrees to pay Lessor rent as stated in this Lease, in annual installments, for the use and occupancy of the Lease Premises. The first installment shall be due on or before the beginning date of this Lease and all subsequent installments shall be due on or before each anniversary of its beginning date during each year of the Lease term, or as otherwise provided in this Lease. Said sums shall be paid in lawful money of the United States of America. Lessee shall send said rent to the mailing address of Lessor. Timeliness of receipt of remittances sent by mail shall be governed by the postmark date as stated in Government Code Section 11002. Invoices for rent due may be provided by Lessor as a courtesy. Lessor’s failure to, or delinquency in, providing invoices shall neither excuse Lessee from paying rent, nor extend the time for paying rent. (c) Modification
Lessor may modify the method, amount, or rate of rent effective on each fifth anniversary of the beginning date of this Lease. Should Lessor fail to exercise such right effective on any fifth anniversary it may do so effective on any one (1) of the next four (4) anniversaries following such fifth anniversary, without prejudice to its right to effect such modification on the next or any succeeding fifth anniversary of the beginning date. No
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such modification shall become effective unless Lessee is given at least thirty (30) days’ notice prior to the date of the Commission meeting wherein the rent modification is considered, or thirty (30) days’ notice prior to the effective date of the increase, whichever provides a greater notice period.
If the consideration for this Lease is based on a percentage of income, royalties, profits, or any similar business performance indicators, Lessee shall provide Lessor with financial statements and all other documents necessary to determine the relevant basis for income. (d) Penalty and Interest
Any installments of rent accruing under this Lease not paid when due shall be subject to a delinquency charge equal to five percent (5%) of the principal sum due. Annual payments shall bear interest as specified in Public Resources Code Section 6224 and the Lessor's then existing administrative regulations governing penalty and interest. (e) Non-Monetary Consideration
If the consideration to Lessor for this Lease is the public use, benefit, health, or safety, Lessor shall have the right to review such consideration at any time and set a monetary rental if the Lessor, at its sole discretion, determines that such action is in the best interest of the State. Lessee’s assignment or transfer of this Lease pursuant to Section 3, Paragraph 11 below to any third party which results in royalties, profits, or any form of compensation, whether monetary or otherwise, shall give Lessor the right to reevaluate the requirements of this Lease as stated in Section 3, Paragraph 11. Lessee shall be given at least thirty (30) days’ notice prior to the date of the Commission meeting wherein the rent modification is considered and at least thirty (30) days’ notice prior to the effective date that this Lease is converted to a monetary rental.
(f) Place for Payment of Rent
All rent that becomes due and payable under this Lease shall be paid to Lessor in person or by United States mail at the Sacramento Offices of the California State Lands Commission, currently at 100 Howe Avenue, Suite 100-South, Sacramento, CA 95825-8202, or at any other place or places that Lessor may designate by written notice to Lessee.
Alternately, Lessee may contact Lessor’s accounting department for Lessor’s current practices for payment by credit card or electronic fund transfer.
4. BOUNDARIES
This Lease is not intended to establish the State's boundaries and is made without prejudice to either party regarding any boundary or title claims which may be asserted presently or in the future.
5. LAND USE
1805361v2 Form51.16 (Rev. 10/14)
(a) General
(1) Lessee shall use the Lease Premises only for the purpose or purposes stated in this Lease and only for the operation and maintenance of the Improvements expressly authorized in this Lease. Lessee shall commence use of the Lease Premises within ninety (90) days of the beginning date of this Lease or within ninety (90) days of the date set for construction to commence as set forth in this Lease, whichever is later. (2) All demolition, construction, remodeling, reconstruction, maintenance, repairs, removal, or remediation performed on the Lease Premises at any time by Lessee shall first be authorized by all appropriate Regulatory Agencies. Lessee is solely responsible for determining what approvals, authorizations, or certifications are required, and shall be solely responsible for all costs incurred thereby. In addition, Lessee shall obtain and comply with preventative or remedial measures required by any environmental reports, assessments, or inspections, including, but not limited to those required by the California Environmental Quality Act and/or the National Environmental Policy Act, or as otherwise required by law or reasonably requested by Lessor. Nothing in this Lease shall be interpreted as a pre-approval of any permit, certification, or any other precondition required for the use of the Lease Premises.
(b) Continuous Use
Lessee's use of the Lease Premises shall be continuous from commencement of the Lease until its expiration. Lessee's discontinuance of such use for a period of ninety (90) days shall be presumed to be an abandonment unless Lessee demonstrates to Lessor’s satisfaction that Lessee’s use of the Lease Premises is consistent with similarly situated properties. In the event of an abandonment, Lessor may elect to terminate the Lease as provided in Section 3, Paragraph 12(a)(3) below. Abandonment of the Lease Premises shall not relieve Lessee of any obligations under this Lease. (c) Repairs and Maintenance
(1) Lessor shall not be required to make any Repairs in, on, or about all or part of the Lease Premises. Lessee shall, at all times during the term of this Lease and without any cost or expense to Lessor, keep and maintain the Lease Premises, including all Improvements, in good order and repair and in a clean, safe, sanitary, and orderly condition.
(2) Lessee shall make, or cause to be made, any Repairs which may be required by any Regulatory Agency. Lessee shall observe and comply with, any law, statute, ordinance, plan, regulation, resolution, or policy applicable to the Lease Premises in making such Repairs. All work shall be performed with reasonable diligence, completed within a reasonable time, and performed at the sole cost and expense of Lessee.
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(3) Lessee expressly accepts the Lease Premises “as is” and expressly acknowledges that:
(i) Lessor has made no representations or warranties as to the suitability of the Lease Premises for any Improvements. Lessee shall conduct all tests necessary to determine the suitability of the Lease Premises for any proposed use or Improvements authorized; and
(ii) Lessor has made no representations or warranties as to the quality or value of any Improvements found on the Lease Premises, or of their conformity to any applicable building codes, zoning ordinances, or other regulations. Lessee agrees to inspect any preexisting Improvements at its own cost to determine whether such Improvements are safe and suitable for the Lessee’s intended use; and (iii) Lessee shall neither be entitled to any reduction in rent, nor any extension of the terms of this Lease because of damage to or destruction of any Improvements on the Lease Premises.
(iv) Lessee and Lessor agree that any Improvements on the Lease Premises constitute the personal property of Lessee and that fixture law does not apply. (4) In the event that the Lease Premises is partly, or in whole, comprised of tidal, submerged, or waterfront property, Lessee expressly accepts the hazards involved in using or improving such lands. Lessor is not responsible for, and Lessee shall not be reimbursed for nor receive any offset of rent for, any damages or reduced use of the Lease Premises caused by: local or invasive flora or fauna, flooding, erosion, sea level rise, storms, freezing, inclement weather of any kind, acts of god, maintenance or failure of protective structures, and any other such hazards. (d) Additions, Alterations, and Removal
No Improvements other than those expressly authorized in this Lease shall be constructed by the Lessee on the Lease Premises without the prior written consent of Lessor. Any Additions or Alterations are expressly prohibited. Lessee is also prohibited from any Additions or Alterations which cause a material change to the environmental impact on or around the Lease Premises.
(e) Enjoyment
This Lease is non-exclusive, and is subject to the provisions of Section 3, Paragraph 6 below. Lessee shall have the right to exclude persons from the Lease Premises only when their presence or activity constitutes a material interference with Lessee's use and enjoyment of the Lease Premises.
(f) Discrimination
Lessee, in its use of the Lease Premises, shall not discriminate against any person or
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class of persons on any basis protected by federal, state, or local law, including: race, color, creed, religion, national origin, sex, sexual orientation, gender identity, age, marital/parental status, veteran status, or disability. (g) Residential Use
Unless otherwise provided for in this Lease, no portion of the Lease Premises shall be used as a location for a Residence, for the purpose of mooring or maintaining a structure which is used as a Residence, or for Residential Uses. (h) Commercial Use
Unless otherwise provided for in this Lease, the Lease Premises is to be used by Lessee and Lessee’s invitees or guests only. Use of the Lease Premises for commercial purposes; conducting a business, whether for profit or otherwise; and any subleasing, rental, or any transaction whereby Lessee directly or indirectly receives compensation from a third party in exchange for use of the Lease Premises shall constitute an immediate Default of this lease with no cure period.
6. RESERVATIONS, ENCUMBRANCES, AND RIGHTS-OF-WAY
(a) Reservations
(1) Lessor expressly reserves all natural resources in or on the Lease Premises, including but not limited to timber, minerals, and geothermal resources as defined under Public Resources Code sections 6401, 6407, and 6903, respectively; the right to grant and transfer the same; as well as the right to grant leases in and over the Lease Premises which may be necessary or convenient for the extraction of such natural resources, so long as such leases do not interfere with Lessee’s use of the Lease Premises. Such leasing shall be neither inconsistent nor incompatible with the rights or privileges of Lessee under this Lease.
(2) Lessor expressly reserves a right to go on the Lease Premises and all Improvements for any purposes associated with this Lease or for carrying out any function required by law, or the rules, regulations, or management policies of the State Lands Commission.
Lessor shall have a right of reasonable access to the Lease Premises across Lessee owned or occupied lands adjacent to the Lease Premises for any purpose associated with this Lease.
(3) Lessor expressly reserves to the public an easement for convenient access across the Lease Premises to other State-owned lands located near or adjacent to the Lease Premises and a right of reasonable passage across and along any right-of-way granted by this Lease; however, such easement or right-of-way shall be neither inconsistent nor incompatible with the rights or privileges of Lessee under this Lease.
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(4) Lessor expressly reserves the right to lease, convey, or encumber the Lease Premises, in whole or in part, during the Lease term for any purpose that does not interfere with Lessee’s use of the Lease Premises and is not inconsistent or incompatible with the rights or privileges of Lessee under this Lease. (b) Encumbrances
The Lease Premises may be subject to pre-existing contracts, leases, licenses, easements, encumbrances, and claims and is made without warranty by Lessor of the condition or fitness of the land for the stated or intended purpose.
7. RULES, REGULATIONS, AND TAXES
(a) Lessee shall comply with and be bound by all presently existing or subsequently enacted rules, regulations, statutes or ordinances of the State Lands Commission or any Regulatory Agency. Occupancy or use of the Lease Premises provides no exemption from applicable regulations including, but not limited to, federal, state, county and local regulations, regulations promoting public health, safety, or welfare, building codes, zoning ordinances, and sanitation regulations. Lessee expressly acknowledges that Regulatory Agencies have jurisdiction over the Lease Premises unless such laws are in direct conflict with state law or public trust principles.
(b) Lessee understands and agrees that a necessary condition for the granting and continued existence of this Lease is that Lessee obtains and maintains all permits or other entitlements. Lessee expressly acknowledges that issuance of this Lease does not substitute for, or provide preference in obtaining authorizations from, other Regulatory Agencies.
(c) Taxes
(1) In addition to the rent due under this Lease, Lessee accepts responsibility for and shall pay any and all real and personal property taxes, including possessory interest taxes, assessments, special assessments, user fees, service charges, and other charges of any description levied, imposed on, assessed, or associated with the leasehold interest, Improvements on the Lease Premises, any business or activity occurring on the Lease Premises, the Lease Premises itself, or any portion thereof, levied by any governmental agency or entity. Such payment shall not reduce rent due Lessor under this Lease and Lessor shall have no liability for such payment. (2) In the event that this Lease commences, terminates or expires during a tax year, Lessee shall pay the taxes for the period of such year during which this Lease was in effect.
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(3) Any and all taxes and assessments and installments of taxes and assessments required to be paid by Lessee under this Lease shall be paid when due and the official and original receipt for the payment of such tax, assessment, or installment shall be delivered to Lessor upon request.
(4) Lessee shall indemnify and hold Lessor, the Lease Premises, and any Improvements now or hereafter located thereon, free and harmless from any liability, loss, or Damages resulting from any taxes, assessments, or other charges required by this Lease to be paid by Lessee and from all interest, penalties, and other sums imposed thereon and from any sales or other proceedings to enforce collection of any such taxes, assessments, or other charges.
8. INDEMNITY
(a)Lessee’s use of the Lease Premises and any Improvements thereon is at Lessee’s sole and exclusive risk.
(b)In addition to any other obligation to indemnify Lessor as otherwise provided in this Lease, except to the extent caused by the sole negligence and/or willful misconduct of the Lessor, Lessee shall indemnify, hold harmless, and, at the option of Lessor, defend Lessor, its officers, agents, and employees from any and all Damages resulting from Lessee’s occupation and use of the Lease Premises. Lessee shall reimburse Lessor in full for all reasonable costs and attorneys’ fees incurred by Lessor, specifically including, without limitation, any Damages arising by reason of: (1) the issuance, enjoyment, interpretation, or Breach or Default by Lessee, of this Lease; (2) the challenge to or defense of any environmental review upon which the issuance of this Lease is based; (3) the death or injury of any person, or damage to or destruction of any property from any cause whatever in any way connected with the Lease Premises, or with any of the Improvements or personal property on the Lease Premises; (4) the unmaintained condition of the Lease Premises, or Improvements on the Lease Premises; (5) negligent act or omission on the Lease Premises by Lessee or any person in, on, or about the Lease Premises; (6) any work performed on the Lease Premises or material furnished to the Lease Premises not in accordance with standard engineering and design principles; (7) Lessee’s failure to comply with any material legal or other requirement validly imposed on Lessee or the Lease Premises by a Regulatory Agency.
(c)The reimbursement provisions of this Paragraph 8 shall not apply to any claims, litigation, or other actions which may be brought by either Lessee or Lessor against each other. (d)Nothing in this paragraph shall be construed as requiring that Lessor defend itself against all or any aspect of any challenge to this Lease or any associated environmental review. However, Lessee may take whatever legal action is available to it to defend this Lease or any associated environmental review against any challenge by a third party, whether or not Lessor chooses to raise a defense against such a challenge.
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(e)Lessee shall notify Lessor immediately in case of any accident, injury, or casualty on the Lease Premises that Lessee is aware of.
9. INSURANCE
(a)Lessee shall obtain and maintain in full force and effect during the term of this Lease comprehensive general liability insurance and property damage insurance, with such coverage and limits as may be reasonably requested by Lessor from time to time, but in no event for less than the sum(s) specified against any and all claims or liability arising out of the ownership, use, occupancy, condition, or maintenance of the Lease Premises and all Improvements.
(b)The insurance policy shall identify the Lease by its assigned number. The specific Improvements shall also be generally identified, as well as their location on state owned property. The coverage provided shall be primary and non-contributing. Lessee shall keep such policy current. Lessor shall be named as a “certificate holder” and/or an “additional interest” on the policy. Lessee shall provide Lessor with a current certificate of insurance at all times. At Lessor’s request, Lessee shall provide a full copy of the current insurance policy, along with any and all endorsements or other such documents affecting the coverage. Lessor will not be responsible for any premiums or other assessments on the policy.
(c) The insurance coverage specified in this Lease shall be in effect at all times during the Lease term and subsequently until Lessor has either accepted all of the Lease Premises as improved or restored by Lessee as provided elsewhere in this Lease. Lessee shall notify Lessor within five (5) business days if the insurance is canceled for any reason.
10. SURETY BOND
(a) When required by Section 1 of this Lease, Lessee shall provide a surety bond or other security device acceptable to Lessor, for the specified amount, and naming the State of California, California State Lands Commission as the assured, to guarantee to Lessor the faithful observance and performance by Lessee of all of the terms, covenants, and conditions of this Lease.
(b) Lessor may require an increase in the amount of the surety bond or other security device to cover any additionally authorized Improvements, any modification of consideration, or to provide for inflation or other increased need for security. The surety bond or other security device may be increased on each fifth anniversary of the beginning date of this Lease.
Should Lessor fail to exercise such right effective on any fifth anniversary, it may do so effective on any one (1) of the next four (4) anniversaries following such fifth anniversary without prejudice to its right to effect such modification on the next or any succeeding fifth
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anniversary. No such modification shall become effective unless Lessee is given at least thirty (30) days’ notice prior to the date of the Commission meeting wherein the modification of the bond or security is considered, or thirty (30) days’ notice prior to the effective date of the increase, whichever provides more notice. (c) The surety bond or other security device shall be maintained in full force and effect at all times during the Lease term and subsequently until Lessor has either accepted all of the Lease Premises as improved or restored by Lessee as provided elsewhere in this Lease.
Lessee must first seek approval of Lessor before changing the type of security device used, or the bond holder.
11. ASSIGNMENT, ENCUMBRANCING OR SUBLETTING
(a) Lessee shall not either voluntarily or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease and shall not sublet the Lease Premises, in whole or in part, or allow any person other than the Lessee's employees, agents, servants and invitees to occupy or use all or any portion of the Lease Premises without the prior written consent of Lessor, which consent shall not be unreasonably withheld. (1) Notwithstanding the foregoing prohibition against transfer and assignment, the Lease may be transferred by Lessee if the transfer is caused by the death of a spouse and the full interest of the deceased spouse is transferred to a surviving spouse; or the transfer is caused by the dissolution of the marriage of Lessee and the full interest of one of the spouses is transferred to the other spouse. In the event of such a transfer, Lessor shall be notified in writing within 30 days of the transfer.
(2) Notice to Lessor of Successor Trustee(s): In the event this Lease is held in trust, and the Lessee is a trustee thereof, the substitution or succession of a new trustee shall not be an assignment or transfer for the purposes of this Paragraph. Lessee (and by operation of law, any successor trustee) agrees to provide prompt notice to Lessor of any succession or substitution of trustee in accordance with Paragraph 16(c) of General Provisions, no later than sixty (60) days after the named trustee as appears on the face of this Lease becomes unable or ceases to serve as trustee for any reason. (b) The following shall be deemed to be an assignment or transfer within the meaning of this Lease:
(1) If Lessee is a business entity, any dissolution, merger, consolidation or other reorganization of Lessee, or the sale or other transfer of substantially all the assets of Lessee. If Lessee is a publicly traded entity, transfers of interests in Lessee shall not constitute an assignment requiring the consent of Lessor. (2) If Lessee is a partnership, a transfer of any interest of a general partner, a withdrawal of any general partner from the partnership, or the dissolution of the partnership.
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(c) If this Lease is for sovereign lands appurtenant to adjoining littoral or riparian land, Lessee shall not transfer or assign its ownership interest or use rights in such adjoining lands separately from the leasehold rights granted herein without the prior written consent of Lessor.
(d) If Lessee desires to assign, sublet, encumber or otherwise transfer all or any portion of the Lease Premises, Lessee shall do all of the following:
(1) Give not less than 90 days’ prior written notice to Lessor; (2) Provide the name, complete business organization, operational structure, and formation documents of the proposed assignee, sublessee, secured third party, or other transferee; and the nature of the use of and interest in the Lease Premises proposed by the assignee, sublessee, secured third party or other transferee. (3) Provide the terms and conditions of the proposed assignment, sublease, or encumbrance or other transfer;
(4) Provide audited financial statements for the two most recently completed fiscal years of the proposed assignee, sublessee, secured party or other transferee; and provide pro forma financial statements showing the projected income, expense and financial condition resulting from use of the Lease Premises; and (5) Provide such additional or supplemental information as Lessor may reasonably request concerning the proposed assignee, sublessee, secured party or other transferee.
(6) Lessor will evaluate proposed assignees, sublessees, secured third parties and other transferees and grant approval or disapproval according to standards of commercial reasonableness considering the following factors within the context of the proposed use: the proposed party's financial strength and reliability, their business experience and expertise, their personal and business reputation, their managerial and operational skills, their proposed use and projected rental, as well as other relevant factors. (e) Lessor shall have a reasonable period of time from the receipt of all documents and other information required under this provision to grant or deny its approval of the proposed party. Lessor may reevaluate the rent, insurance and/or bond provisions of this Lease, and may condition its approval of the proposed assignment, sublease, hypothecation, mortgage, or other transfer on the party’s acceptance of the new terms.
Lessee’s rights stated in this paragraph shall apply regardless of whether the proposed transfer coincides with a regular rent review period as stated in Section 3 Paragraph 3(c) above.
1805361v2 Form51.16 (Rev. 10/14)
(f) Lessee's mortgage or hypothecation of this Lease, if approved by Lessor, shall be subject to terms and conditions imposed by a separately negotiated encumbrancing agreement.
(g) Upon the express written assumption of all obligations and duties under this Lease by an assignee approved by Lessor, the Lessee may be released from all liability under this Lease arising after the effective date of assignment and not associated with Lessee's use, possession or occupation of or activities on the Lease Premises; except as to any hazardous wastes, substances or materials as defined under federal, state or local law, regulation, or ordinance manufactured, generated, used, placed, disposed, stored or transported by Lessee on the Lease Premises during Lessee’s tenancy. (h) If the Lessee files a petition or an order for relief is entered against Lessee, under Chapters 7, 9, 11 or 13 of the Bankruptcy Code (11 USC Sect. 101, et seq.) then the trustee or debtor-in-possession must elect to assume or reject this Lease within sixty (60) days after filing of the petition or appointment of the trustee, or the Lease shall be deemed to have been rejected, and Lessor shall be entitled to immediate possession of the Lease Premises.
No assumption or assignment of this Lease shall be effective unless it is in writing and unless the trustee or debtor-in-possession has cured all Defaults under this Lease (monetary and non-monetary) or has provided Lessor with adequate assurances (1) that within ten (10) days from the date of such assumption or assignment, all monetary Defaults under this Lease will be cured; and (2) that within thirty (30) days from the date of such assumption, all non-monetary Defaults under this Lease will be cured; and (3) that all provisions of this Lease will be satisfactorily performed in the future.
(i) In the event of any transfer or assignment, under this Paragraph 11 or by any other means authorized by this Lease, the Lease terms shall be for the remaining years existing on the Lease prior to the transfer or assignment. A transfer or assignment shall not extend the term of this Lease.
12. DEFAULT AND REMEDIES
(a) Default
The occurrence of any one or more of the following events shall immediately and without further notice constitute a Default of this Lease:
(1) Lessee's failure to make any payment of rent, royalty, or other consideration as required under this Lease; or
(2) Lessee's failure to obtain or maintain liability insurance or a surety bond or other security device as required under this Lease; or
1805361v2 Form51.16 (Rev. 10/14)
(3) Lessee's abandonment of the Lease Premises (including the covenant for continuous use as provided for in Paragraph 5(b)) during the Lease term; or (4) Lessee's failure to obtain and maintain all necessary governmental permits or other entitlements; or
(5) The maintenance of the Lease Premises in violation of, or failure to comply with, any applicable provisions of any Regulatory Agency or Environmental Law, or maintenance of the Lease Premises in a condition constituting nuisance; or (6) Lessee’s Failure to commence to construct and to complete construction of the Improvements authorized by this Lease within the time limits specified in this Lease. (7) Lessee is found to sublet or otherwise surrender daily management and control of the Lease Premises to a third party without the knowledge, expressed written consent or authorization of the Lessor.
(b)Lessee's failure to observe or perform any other term, covenant, or condition of this Lease when such failure shall continue for a period of thirty (30) days after Lessor's giving written notice shall constitute a Default of this lease. However, if the nature of Lessee's Default under this paragraph is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to be in Default if Lessee commences such cure within such thirty (30) day period and diligently proceeds with such cure to completion.
(c)Should Lessee Breach any term, covenant, or condition of this Lease under Paragraph 12(b) above three (3) times in any three hundred and sixty-five (365) day period, the third Breach will be a Default under this Lease and Lessor will be entitled to immediately terminate this Lease, and take other appropriate action. Lessor will provide written notice of each Breach as provided above, and provide written notice that future Breaches will constitute immediate Default with no cure period.
(d)Remedies
In the event of a Default by Lessee and Lessee's failure to cure such Default if such a cure period is applicable, Lessor may at any time and with or without notice do any one or more of the following in addition to any rights or remedies permitted by law:
(1) Re-enter the Lease Premises, remove all persons and property, and repossess and enjoy such premises; or
1805361v2 Form51.16 (Rev. 10/14)
(2) Terminate this Lease and Lessee's right of possession of the Lease Premises by any lawful means. The termination shall not relieve Lessee of any obligation, monetary or otherwise, which has accrued prior to the date of termination. Such termination shall be effective upon Lessor's giving written notice and upon Lessee’s receipt of such notice. Lessee shall immediately surrender possession of the Lease Premises to Lessor.
Lessor shall be entitled to recover from Lessee all amounts to which Lessor is entitled pursuant to Section 1951.2 of the California Civil Code, or any other provision of law, including any necessary Repair, renovation, alteration, remediation, or removal of Improvements; or
(3) Maintain this Lease in full force and effect and recover any rent, royalty, or other consideration as it becomes due without terminating Lessee's right of possession regardless of whether Lessee shall have abandoned the Lease Premises, subject to the conditions imposed by Cal. Civil Code § 1951.2; or
(4) Exercise any other right or remedy which Lessor may have at law or equity. (e) Determination of Rental Value
If rent under this Lease is calculated as a percentage of Lessee’s income attributable to the Lease Premises and Lessee abandons the Lease Premises during some or all of the applicable period, then the reasonable rental value shall be the percentage of proceeds Lessor would have received had Lessee operated the Lease Premises in the usual and customary manner.
(f) Waiver of Rights
The failure or delay of either party to exercise any right or remedy shall not be construed as a waiver of such right or remedy or any Breach by the other party.
Lessor’s acceptance of any rent shall not be considered a waiver of any preexisting Breach by Lessee other than the failure to pay the particular rent accepted regardless of Lessor’s knowledge of the preexisting Breach at the time rent is accepted.
13. RESTORATION OF LEASE PREMISES AND ENVIRONMENTAL MATTERS (a)Restoration of Lease Premises
(1) Upon expiration or sooner termination of this Lease, Lessee must immediately surrender possession of the Lease Premises to Lessor. Prior to the time of surrender, Lessee must remove all or any Improvements together with the debris and all parts of any such Improvements at its sole expense and risk, regardless of whether Lessee
1805361v2 Form51.16 (Rev. 10/14)
actually constructed or placed the Improvements on the Lease Premises; or if Lessee fails to remove such Improvements, Lessor, in its sole and absolute discretion, may itself remove or have removed all or any portion of such Improvements at Lessee's sole expense. Lessor may waive all or any part of this obligation in its sole discretion if doing so is in the best interests of the State.
(2) As a separate and related obligation, Lessee shall restore the Lease Premises as nearly as possible to the conditions existing prior to the commencement of the Lease term. For purposes of this Lease, restoration includes removal of any landscaping; removal of any Hazardous Materials introduced by Lessee or its agents; and to the extent possible, undoing any grading, fill, excavation, or similar alterations of the natural features of the Lease Premises. Lessor may waive all or any part of this obligation in its sole and absolute discretion.
(3) Unless otherwise provided for in this Lease, Lessee shall submit to Lessor no later than one (1) year prior to the expiration of this Lease either: (a) an application and minimum expense deposit for a new lease for the continued use of the Lease Premises, or (b) a plan for the restoration of the Lease Premises to be completed prior to the expiration of the lease term together with a timeline for obtaining all necessary permits and conducting the work prior to the expiration of this Lease. (4) In removing any or all Improvements, or conducting any restoration work, Lessee shall be required to obtain any permits or other governmental approvals as may then be required by any Regulatory Agency, including, without limitation, any Environmental Law.
(5) Lessor may, upon written notice, in its sole and absolute discretion, accept title to any or all Improvements at the termination of this Lease. Lessor shall notify Lessee that Lessor intends to take title to any or all Improvements within six (6) months of Lessee submitting a plan for restoration under Paragraph 13(a)(3)(b) above. If Lessor elects to take title to any such Improvements, Lessee shall deliver to Lessor such documentation as may be necessary to convey title to such Improvements to Lessor free and clear of any liens, mortgages, loans, or any other encumbrances. Lessor shall not pay, and Lessee shall not be entitled to compensation for Lessor’s taking title to such property.
(b) Environmental Matters
(1) Lessee’s Obligations:
(i) Lessee will not use, occupy, or permit any portion of the Lease Premises to be used or occupied in violation of any Environmental Law. Lessee shall not
1805361v2 Form51.16 (Rev. 10/14)
manufacture or generate or store Hazardous Material on the Lease Premises unless specifically authorized under other terms of this Lease. (ii) Lessee shall practice conservation of water, energy, and other natural resources. (iii) Lessee shall notify Lessor and the appropriate governmental emergency response agency or agencies immediately in the event of any release or threatened release of any Hazardous Material.
(2) Lessor may at any time during the Lease term, but not more than once every (5) years unless in response to a threatened or actual release of any Hazardous Material, require Lessee to conduct at its own expense and by a contractor approved by Lessor an independent environmental site assessment or inspection for the presence or suspected presence of Hazardous Material generated, used, placed, disposed, stored, or transported on the Lease Premises during the term of the Lease. Lessee shall provide the results of the assessment or inspection to Lessor and the appropriate governmental response agency or agencies and shall further be responsible for removing or taking other appropriate remedial action regarding such Hazardous Material in accordance with applicable Environmental Law.
(3) Environmental Indemnity.
Lessee shall indemnify, defend, and hold Lessor and Lessor’s, officer, appointees, volunteers, employees, agents, successors and assigns free and harmless from and against all Damages that may at any time be imposed upon, incurred by, or asserted or awarded against Lessor in connection with or arising from any Breach of Lessee’s obligations hereunder; or out of any violation by Lessee of any Environmental Law; or resulting in the imposition of any lien or claim for the recovery of any costs for environmental cleanup or other response costs relating to the release or threatened release of Hazardous Materials on the Lease Premises during the Lessee’s tenancy, except to the extent that such Damages are caused by the negligence or willful misconduct of Lessor, its employees, or agents. This obligation shall include any prior leases between Lessor and Lessee and will continue through any periods Lessee is in holdover, unlawful detainer, or any subsequent month-to-month tenancies created by operation of law. Lessee’s obligations hereunder will survive the expiration or sooner termination of this Lease.
(4) Violation of this section shall constitute grounds for termination of the Lease. Lessor, shall notify Lessee when, in Lessor’s reasonable opinion, Lessee has violated the provisions of this section. Lessee shall immediately discontinue the conduct and respond within five (5) business days. Lessee shall take all measures necessary to
1805361v2 Form51.16 (Rev. 10/14)
remedy the condition.
14.QUITCLAIM
Lessee shall, upon the early termination of this Lease and at Lessor’s request, execute and deliver to Lessor in a form provided by Lessor a good and sufficient release of all rights under this Lease. Should Lessee fail or refuse to deliver such a release, Lessor may record a written notice reciting such failure or refusal. This written notice shall, from the date of its recordation, be conclusive evidence against Lessee of the termination of this Lease and all other claimants.
15.HOLDING-OVER
(a)This Lease shall terminate without further notice upon the expiration of the term of this Lease. Lessee shall have removed any Improvements and completed any restoration as required by Lessor prior to the expiration of this Lease, and shall surrender possession of the Lease Premises. Any failure by the Lessee to remove Improvements, restore the Lease Premises, and/or surrender possession of the Lease Premises at the expiration or sooner termination of this Lease shall not constitute a renewal or extension and shall not give Lessee any rights in or to the Lease Premises or any part thereof except as expressly provided in this Lease. If Lessee shall fail to surrender the premises upon the expiration of the term of this Lease, Lessee shall be deemed in unlawful detainer of the Lease Premises and Lessor shall be entitled to all resulting legal remedies. (b)Lessor may, in its sole discretion, choose to accept Rent for the Lease Premises instead of immediately taking legal action to recover possession of the Lease Premises. Any tenancy created by operation of law on Lessor’s acceptance of rent shall be deemed a month-to-month tenancy regardless of what sum or sums Lessee delivers to Lessor. Except as set forth below, any subsequent tenancy created in this manner shall be on the same terms, covenants, and conditions set forth in this Lease insofar as such terms, covenants, and conditions can be applicable to a month-to-month tenancy. (c)In recognition of the increased accounting, land management, and supervisory staff time required for month-to-month tenancies, the rent for each month or any portion thereof during such holdover period may be an amount equal to one hundred fifty percent (150%) of one-twelfth (1/12) of the total compensation for the most recent year paid. In the event this Lease does not require monetary compensation, Lessor shall have the right to establish rent based on the fair market value of the Lease Premises. The month-to-month tenancy may be terminated by Lessee or Lessor upon thirty (30) calendar days’ prior written notice to the other.
16.ADDITIONAL PROVISIONS
(a) Waiver
1805361v2 Form51.16 (Rev. 10/14)
(1) No term, covenant, or condition of this Lease and no omission, neglect, Default or Breach of any such term, covenant or condition shall be deemed to have been waived by Lessor's acceptance of a late or nonconforming performance or otherwise, unless such a waiver is expressly acknowledged by Lessor in writing. No delay or omission of Lessor to exercise any right or power arising from any omission, neglect, Default or Breach of term, covenant, or condition of this Lease shall be construed as a waiver or any acquiescence therein.
(2) Any such waiver shall not be deemed to be a waiver of any other term, covenant or condition; of any successive Breaches of the same term, covenant, or condition; or of any other Default or Breach of any term, covenant or condition of this Lease. (b)Time
Time is of the essence for this Lease and each and all of its terms, covenants or conditions in which performance is a factor.
(c)Notice
All notices required to be given under this Lease shall be given in writing, personally delivered, sent by overnight courier, or sent by U.S. Mail with postage prepaid, to Lessor at the offices of the State Lands Commission and to Lessee at the address specified in this Lease. Lessee shall give Lessor notice of any change in its name or address. (d)Consent
Where Lessor's consent is required under this Lease, its consent for one transaction or event shall not be deemed to be a consent to any subsequent occurrence of the same or any other transaction or event.
(e)Changes
This Lease may be terminated and its term, covenants, and conditions amended, revised, or supplemented only by mutual written agreement of the parties. (f) Successors
The terms, covenants, and conditions of this Lease shall extend to and be binding upon and inure to the benefit of the heirs, successors, and assigns of the respective parties.
(g)Joint and Several Obligation
If more than one Lessee is a party to this Lease, the obligations of the Lessees shall be joint and several.
1805361v2 Form51.16 (Rev. 10/14)
(h) Captions
The section and paragraph captions used in this Lease are for the convenience of the parties. The captions are not controlling and shall have no effect upon the construction or interpretation of this Lease.
(i) Severability
If any term, covenant or condition of this Lease is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be affected thereby, and each term and provision of this Lease shall remain valid and enforceable to the fullest extent permitted by law.
(j) Representations
Lessee agrees that, except as set forth in this Lease, no representations have been made by Lessor or by any person or agent acting for Lessor. Lessor and Lessee agree and acknowledge that this document contains the entire agreement of the parties, that there are no verbal agreements, representations, warranties or other understandings affecting this Lease, and Lessor and Lessee, as a material part of the consideration of this Lease, waive all claims against the other for rescission, damages, or otherwise by reason of any alleged covenant, agreement or understanding not contained in this Lease. (k) Gender and Plurality
In this Lease, the masculine gender includes both the feminine and neuter, and the singular number includes the plural whenever the context so requires. (l) Survival of Certain Covenants
All covenants pertaining to bond, insurance, indemnification, restoration obligations, Breach, Default, and remedies shall survive the expiration or earlier termination of this Lease until Lessee has fulfilled all obligations to restore the Lease Premises as required by this Lease.
(m) Counterparts
This agreement may be executed in any number of counterparts and by different parties in separate counterparts. Each counterpart when so executed shall be deemed to be an original, all of which together shall constitute one and the same agreement. (n) Delegation of Authority
Lessor and Lessee acknowledge Lessor as defined herein includes the Commission Members, their alternates or designees, and the staff of the Commission. The ability of staff of the Commission to give consent, or take other discretionary actions described herein will
1805361v2 Form51.16 (Rev. 10/14)
be as described in the then-current delegation of authority to Commission staff. All other powers are reserved to the Commission.
1805361v2 Form51.16 (Rev. 10/14)
STATE OF CALIFORNIA - STATE LANDS COMMISSION
LEASE 1364
This Lease shall become effective only when approved by and executed on behalf of the State Lands Commission of the State of California and a duly executed copy has been delivered to Lessee. The submission of this Lease by Lessor, its agent, or representative for examination by Lessee does not constitute an option or offer to lease the Lease Premises upon the terms and conditions contained herein, or a reservation of the Lease Premises in favor of Lessee. Lessee's submission of an executed copy of this Lease to Lessor shall constitute an offer to Lessor to lease the Lease Premises on the terms and conditions set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date hereafter affixed.
LESSEE:
CITY OF DALY CITY, DEPARTMENT OF
WATER AND WASTEWATER RESOURCES
By: ________________________________
Joshua Cosgrove
Title: Acting Director of Water and
Wastewater Resources
Date: ______________________________
ATTACH ACKNOWLEDGMENT
LESSOR:
STATE OF CALIFORNIA
STATE LANDS COMMISSION
By: _________________________________
Robert Brian Bugsch
Title: Chief, Land Management Division
Date: ________________________________
Execution of this document was authorized
by the California State Lands Commission
on ____________________________________.
EXHIBIT A
LEASE 1364
LAND DESCRIPTION
Two parcels of tide and submerged lands lying in the bed of the Pacific Ocean, adjacent to fractional Section 34, Township 2 South, Range 6 West, MDM., as shown on Official Government Township Plat approved February 14, 1887, City and County of San Francisco, State of California, more particularly described as follows:
PARCEL 1 – Existing 33” outfall & disturbance area
BEGINNING at a point lying distant S 84˚09’13” W 813.01 feet from Point Number 105 as shown on Record of Survey #8080 recorded in Book EE of Survey Maps, Pages 147-157, on April 14, 2014, Official Records of said City and County; thence from said point of beginning the following ten (10) courses:
1) N 40˚46’42” W 123.24 feet;
2) S 42˚52’27” W 44.80 feet;
3) N 44˚04’03” W 126.01 feet;
4) S 88˚33’22” W 40.08 feet;
5) S 1˚25’58” E 11.11 feet to a point hereinafter referred to as Point A; 6) S 1˚25’58” E 30.88 feet;
7) N 88˚34’16” E 21.66 feet;
8) S 44˚04’21” E 122.76 feet;
9) S 1˚08’41” E 23.02 feet;
10) N 88˚50’16” E 130.16 feet to the POINT OF BEGINNING.
EXCEPTING THEREFROM any portion lying landward of the Ordinary High Water Mark of the Pacific Ocean.
PARCEL 2 – Existing 33” outfall
A strip of land 10 feet wide, lying 5 feet on either side of the following described centerline:
BEGINNING at Point A as described in above Parcel 1, said point lying on the centerline of an existing 33” wide outfall pipe; thence along the centerline of said pipe westerly 2,375 feet, more or less, to the end of said pipe and the terminus of said strip.
The sidelines of said strip shall be prolonged or shortened so as to begin at the westerly edge of the above described Parcel 1, and terminate at a point perpendicular to the terminus of said centerline.
The BASIS OF BEARINGS of this description is California Coordinate System of 1983, Zone 3, (epoch 2010.00). All distances are grid distances.
END OF DESCRIPTION
Prepared 4/23/2021 by the California State Lands Commission Boundary Unit.
PROFESSIONAL LAND
SURVEYOR
STATE OF CAL I FORNIA
DANIEL J . FRINK
No . 8864
PACIFIC OCEAN
APPROXIMATE SHORELINE
LEASE PARCEL 1(EXISTING 33" OUTFALL PIPE &DISTURBANCE AREA) LEASE PARCEL 2(EXISTING 33" OUTFALL PIPE2375 LF)
APN 7282-006
LEASE 1364CITY OF DALY CITY, DEPARTMENTOF WATER AND WASTEWATERRESOURCESAPN 7282-006GENERAL LEASE -PUBLIC AGENCY USESAN FRANCISCO COUNTY MAP SOURCE: USGS QUAD
PACIFIC OCEAN, NEAR FORT FUNSTON
THIS EXHIBIT IS SOLELY FOR PURPOSES OF GENERALLY DEFINING THELEASE PREMISES, IS BASED ON UNVERIFIED INFORMATION PROVIDEDBY THE LESSEE OR OTHER PARTIES AND IS NOT INTENDED TO BE, NORSHALL IT BE CONSTRUED AS, A WAIVER OR LIMITATION OF ANY STATEINTEREST IN THE SUBJECT OR ANY OTHER PROPERTY.DJF 9/14/2022
EXHIBIT BNO SCALE
SITE
LOCATION
SITE
SITE
NO SCALE
October 2022 Page C-1 Vista Grande Drainage Basin
EXHIBIT C
CALIFORNIA STATE LANDS COMMISSION
MITIGATION MONITORING PROGRAM
VISTA GRANDE DRAINAGE BASIN IMPROVEMENT PROJECT
(A 2716/PRC 1364.9, State Clearinghouse Number 2013032001)
The California State Lands Commission (Commission or CSLC) is a responsible agency under the California Environmental Quality Act (CEQA) for the Vista Grande Drainage Basin Improvement Project (Project). The CEQA lead agency for the Project is city of Daly City.
In conjunction with approval of this Project, the Commission adopts this Mitigation Monitoring Program (MMP) for the implementation of mitigation measures for the portion(s) of the Project located on State lands. The purpose of a MMP is to impose feasible measures to avoid or substantially reduce the significant environmental impacts from a project identified in an Environmental Impact Report (EIR) or a Mitigated Negative Declaration (MND). State CEQA Guidelines
1 section 15097, subdivision (a),
states in part:
In order to ensure that the mitigation measures and project revisions identified in the EIR or negative declaration are implemented, the public agency shall adopt a program for monitoring or reporting on the revisions which it has required in the project and the measures it has imposed to mitigate or avoid significant environmental effects. A public agency may delegate reporting or monitoring responsibilities to another public agency or to a private entity which accepts the delegation; however, until mitigation measures have been completed the lead agency remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with the program.
The lead agency certified an EIR, State Clearinghouse Number 2013032001, adopted a Mitigation Monitoring and Reporting Program (MMRP) for the whole of the Project (see Exhibit C, Attachment C-1), and remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with its program. The Commission’s action and authority as a responsible agency apply only to the mitigation measures listed in Table C-1 below. The full text of each mitigation measure, as set forth in the MMRP prepared by the CEQA lead agency and provided in Attachment C-1, is incorporated by reference in this Exhibit C.
1 The State CEQA Guidelines are found at California Code of Regulations, title 14, section 15000 et seq.
Exhibit C – Commission Mitigation Monitoring Program
October 2022 Page C-2 Vista Grande Drainage Basin
Table C-1. Project Impacts and Applicable Mitigation Measures Potential Impact Mitigation Measure (MM)2
AES-3. Project Construction Could Result
In a New Source of Substantial Light or
Glare That Would Adversely Affect Day or
Nighttime Views in the Area.
MM 3.9-4. Night Lighting Minimization.
Impact BIO-2. Construction of the Project
Could Have A Substantial Adverse Effect
Either Directly or Through Habitat
Modifications, on Reptile Species
Identified As Special-Status in Local or
Regional Plans, Policies, or Regulations,
or by the CDFW (California Department
of Fish and Wildlife) or USFWS (U.S. Fish
and Wildlife).
MM 3.4-2a. Worker Environmental
Awareness Program Training
Impact BIO-3. Construction of the Project
Could Have a Substantial Adverse Effect
Either Directly or Through Habitat
Modifications, on Migratory Birds and/or
on Bird Species Identified as Special-
Status in Local or Regional Plans,
Policies, or Regulations, or by the CDFW
or USFWS.
MM 3.4-3. Nesting Bird Protection
Measures
MM 3.11-1.
Impact BIO-4. Project Construction
Could Have a Substantial Adverse Effect
Either Directly or Through Habitat
Modifications, on Bats Identified as
Special-Status in Local or Regional
Plans, Policies, or Regulations, or by the
CDFW or USFWS.
MM 3.4-4. Avoidance and Minimization
Measures for Special-Status Bats.
Impact BIO-7. Construction of the Project
Would Have a Substantial Adverse Effect
on Sensitive Communities Identified in
Local or Regional Plans, Policies,
Regulations, or by CDFW or USFWS
Through the Introduction or Spread of
Invasive Plants.
MM 3.4-7a. Control Measures for Spread
of Invasive Plants.
Impact BIO-8. Project Construction
Could Have a Substantial Adverse Effect
on Wetlands and Other Jurisdictional
Waters.
MM 3.4-8a. Wetland Avoidance and
Protection.
2 See Attachment C-1 for the full text of each MM taken from the MMP prepared by the CEQA lead agency.
Exhibit C – Commission Mitigation Monitoring Program
October 2022 Page C-3 Vista Grande Drainage Basin
Potential Impact Mitigation Measure (MM)2
Impact BIO-10. Construction of the
Project Could Interfere Substantially With
the Movement of Native Resident or
Migratory Species or With Established
Native Resident or Migratory Corridors, or
Impede the Use of Nursery Sites.
MM 3.4-9. Night Lighting Minimization.
Impact CUL-2. The Project Would Cause
a Substantial Adverse Change in the
Significance of an Archaeological
Resource, Including Shipwrecks.
MM 3.5-3. Inadvertent Discovery of
Archaeological Resources or Shipwrecks.
Impact CUL-3. Project Construction
Would Disturb Human Remains. MM 3.5-4. Inadvertent Discovery of Human Remains.
Impact GEO-1. Construction, Operation,
and Maintenance of the Project Could
Expose People or Structures to Potential
Substantial Adverse Effects Involving
Strong Seismic Ground Shaking and/or
Seismic-Related Ground Failure.
MM 3.6-1a.
MM 3.6-1b.
Impact GHG-1. Project Construction and
Operation Would Generate GHG
Emissions.
MM 3.7-1. Greenhouse Gas Emission
Reduction
Impact HAZ-2. Project Construction
Could Result in a Significant Hazard to
the Public or the Environment Through
Reasonably Foreseeable Upset and
Accident Conditions Involving the
Release of Hazardous Materials Into the
Environment.
MM 3.8-1. Health and Safety Plan.
Impact HYD-1. Project Construction
Could Violate Water Quality Standards
and/or Waste Discharge Requirements,
Provide Substantial Additional Sources of
Polluted Runoff, or Otherwise
Substantially Degrade Water Quality.
MM 3.9-1. Implement Cofferdam
Dewatering BMPs for In-Water Work.
Impact HYD-9. Temporary and Short-
term Changes in Recreational
Opportunities during Project Construction
Activities.
MM 3.9-2. Avoidance and Minimization of
Conflicts with California Coastal Act and
NPS (Nonpoint Source Pollution)
Management Policies.
Impact LU-1. The Project Could Conflict
With Any Applicable Land Use Plan,
Policy, or Regulation of an Agency With
Jurisdiction Over the Project (Including,
But Not Limited to the General Plan,
MM 3.9-2. Avoidance and Minimization of
Conflicts with California Coastal Act and
NPS Management Policies.
Exhibit C – Commission Mitigation Monitoring Program
October 2022 Page C-4 Vista Grande Drainage Basin
Potential Impact Mitigation Measure (MM)2
Specific Plan, Local Coastal Program, or
Zoning Ordinance) Adopted for the
Purpose of Avoiding or Mitigating an
Environmental Effect.
Impact NOI-1. Project Construction
Could Temporarily Expose Persons to or
Generate Noise Levels in Excess of Local
Noise Ordinances or Create a Substantial
Temporary Increase in Ambient Noise
Levels.
MM 3.11-1.
MM 3.11-2.
ATTACHMENT C-1
MITIGATION MONITORING AND REPORTING PROGRAM ADOPTED BY THE
CITY OF DALY CITY
City Council Meeting Agenda ReportItem # _____
Meeting Date: October 24, 2022
Subject: Setting Time and Place for a Public Hearing on Community Development and Housing Needs, and Authorizing the Solicitation of Request for Proposals of CDBG Funds
Recommended Action
Set a Public Hearing on Community Development and Housing Needs for Monday, December 12, 2022 at 7:00 p.m. in the City Council Chambers.
Background
As the current Five-year Department of Housing and Urban Development (HUD) Consolidated Plan ends on June 30, 2023, the City is required to prepare and submit a new five-year HUD Consolidated Plan for the time period beginning July 2023 and ending June 2028. The HUD Consolidated Plan describes the City’s community development and housing needs, provides a short and long range plan for the use of HUD programs in addressing these needs, and guides the funding priorities for the Community Development Block Grant (CDBG) and HOME programs.
As a requirement of HUD’s CDBG and HOME programs, the City of Daly City is required to hold a public hearing to obtain citizen input on community development and housing needs for the City.
This requirement is discussed in the City’s Citizen Participation Plan. The Citizen Participation Plan provides citizens an opportunity to participate in planning, implementation and assessment of the CDBG and HOME programs.
HUD requires that the City involve the public in an open process for the allocation of CDBG funds.
This process, in general, must parallel the rules that govern bidding for governmental contracts.
That is, public notice must be given, uses for the funds defined by the City, and proposals for funds (the equivalent of "bids") evaluated in terms of how well they respond to the criteria set forth by the City. The City annually issues a Request for Proposals (RFPs) for use of CDBG funds.
For FY 2023-24, the City will also receive an allocation of Federal HOME funds for housing activities that assist lower income households. The specific level of HOME funds will not be known until at least January 2023, pending Congressional approval of a HUD budget. Staff will present HOME spending recommendations for Council consideration at a later date when definitive funding levels are announced.
Discussion
The public hearing is an important and required component of the citizen participation and planning process associated with preparation of the City’s Five-year HUD Consolidated Plan (July 2023 through June 2028) and the HUD One-Year Action Plan for FY 2023-24.
City Council Agenda Report
Subject: Setting Time and Place for Hearing on Community Development and Housing Needs Meeting Date: October 24, 2022
Notices of the hearing will be published in The Examiner Peninsula and distributed to all homeowner and resident associations as well as social service organizations. A notice will also be posted on the City’s website.
In conjunction with the CDBG allocation process, the City will issue an RFP for FY 2023-24 CDBG funds. Applications will be due January 26, 2023.
Summary/Conclusion
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Betsy ZoBell Tatum Mothershead
Housing and Community Development Manager Director, Economic & Community Development
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DALY CITY COMMENDING ANGELA “ANGIE” PADILLA ON THE OCCASION OF HER
RETIREMENT
WHEREAS, ANGELA “ANGIE” PADILLA retired on October 1, 2022, concluding over 38 years of dedicated service with the City of Daly City; and WHEREAS, ANGIE started her career with the City of Daly City as a Typist Clerk in April 1984 and received four promotions, including Office Assistant in October 1984, Senior Office Assistant in August 1993, Senior Executive Assistant in October 2005, and Administrative Secretary/Administrative Assistant to the City Council in July 2018; and WHEREAS, ANGIE served four City Managers, one Interim City Manager, and 19 City Councilmembers during her employment; and
WHEREAS, ANGIE received numerous commendations recognizing her outstanding performance; and
WHEREAS, ANGIE completed the Daly City Supervisors Training Academy in the Spring of 2009; and
WHEREAS, ANGIE was recognized as the 2021 Employee of the Year by Councilmember Juslyn C. Manalo who was serving her second term as Mayor; and WHEREAS, ANGIE will always be remembered for her wealth of knowledge of City operations, her dedication to the City Council, City Manager’s Office, and Daly City workforce, and her commitment to the entire community of the City of Daly City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Daly City that it does hereby commend ANGELA “ANGIE” PADILLA for her many years of dedicated and outstanding service to the Daly City Community and extends its very best wishes to ANGIE on the occasion of her retirement.
I hereby certify the foregoing to be a true copy of a Resolution adopted by the City Council of Daly City, California, at a regular meeting thereof held on the day of , 2022, by the following vote of the members thereof:
AYES, and in favor thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
CITY CLERK OF THE CITY OF DALY CITY
APPROVED:
MAYOR OF THE CITY OF DALY CITY
City Council Meeting Agenda ReportItem # _____
Meeting Date: October 24, 2022
Subject: Adoption of Memorandum of Understanding and Salary Schedule between the City of Daly City and Fire Management
Recommended Action
That the City Council adopt by resolution the Memorandum of Understanding and salary schedule between the City of Daly City and Fire Management
Discussion
The management “meet and confer” representatives designated by the City Council of the City of Daly City have met and conferred in good faith with the representatives of the Fire Management and, as a result, have arrived at a Memorandum of Understanding concerning wages, hours and conditions of employment as follows:
Salary:
Effective the first full pay period of October 2022 - 2% salary increase Effective the first full pay period of October 2023 - 2% salary increase Effective the first full pay period of October 2024 - 4% salary increase Equity Adjustment:
Effective the first full pay period of October 2022 –2% equity adjustment Effective the first full pay period of October 2023 –2% equity adjustment Holiday Pay Compensation:
Effective in the first full pay period of October 2022 and in order to provide the Juneteenth Holiday to bargaining unit members the City shall adjust the holiday in-lieu pay to eight- percent (8%).
EMT Pay:
Effective in the first full pay period of October 2022 EMT Pay will be adjusted to be 5% of salary.
Release Time Bank:
The City agrees to allow bargaining unit members to donate on a voluntary basis up to 8 hours per year, vacation or comp time to an Association Release Time Bank up to a maximum of 500 hours per year. Said time may be used by the President, other officers of the Association, or other individuals as approved by the Chief. The scheduling of use of this bank shall require the approval of the Chief.
Educational Incentive Program:
The Educational Incentive Program will be adjusted to reflect the following changes:
Educational Incentive Program of up to 10% for Fire Battalion Chiefs
City Council Agenda Report
Subject: Adoption of Memorandum of Understanding and Salary Schedule between the City of Daly City and Fire Management
Meeting Date: October 24, 2022
Level 1 Incentive – 5%
Possession of California Chief Officer’s Certificate (Completion of California State Fire Training Chief Officer Class Series Original curriculum or post 2018 curriculum is acceptable)
or
BA/BS Degree
or any two (2) of the following:
Strike Team Leader Certification
AA/AS Degree
California Certified Fire Instructor
Level 2 Incentive – 7.5%
Possession of California Chief Fire Officer’s Certificate (Completion of California State Fire Training Chief Officer Class Series Original curriculum or post 2018 curriculum is acceptable) and possession of BA/BS Degree
or
Possession of California Chief Fire Officer’s Certificate (Completion of California State Fire Training Chief Officer Class Series Original curriculum or post 2018 curriculum is acceptable) and/or any two (2) of the following:
Strike Team Leader Certification
AA/AS Degree
California Certified Fire Instructor
Level 3 Incentive – 10%
Qualified for Level 2 incentive and either a master’s degree or completion of the California Executive Chief Fire Officer curriculum
Fiscal Impact
The City will need to increase the General Fund budget for FY 2023 to accommodate the salary and benefit increases proposed as part of the three-year contract with the Fire Management. These budget increases will be brought together with all other budget increases resulting from labor negotiations as part of the mid-year adjustments, most likely in February or March. Staff estimates
City Council Agenda Report
Subject: Adoption of Memorandum of Understanding and Salary Schedule between the City of Daly City and Fire Management
Meeting Date: October 24, 2022
that the General Fund budget deficit for FY 2023 will increase by about $2.32 million to $4.87 million because of salary and benefits changes resulting from labor negotiations.
Summary/Conclusion
Staff requests that the City Council adopt the Memorandum of Understanding between the City of Daly City and Fire Management for the period of October 1, 2022 through September 30, 2025.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Natalie Sakkal
Director of Human Resources
City Council Meeting Agenda ReportItem # _____
props
Meeting Date: October 24, 2022
Subject: Purchase of Submersible Well Pump
Recommended Action
Authorize staff to purchase a new bowl assembly (submersible pump) for the Sullivan Well in the amount not to exceed $151,117.03.
Background/Discussion
DWWR owns and operates seven water well sites which provide access to ground water in underground aquifers. These wells have been drilled several hundred feet under the ground and have submersible pumps installed to extract the water source. These water wells are critical in offsetting water purchases from the SFPUC and produce an additional water source during drought conditions.
As part of providing consistency and standardization for operational needs, DWWR utilizes Flowserve model submersible pumps. During an annual inspection, the Sullivan Well bowl assembly was identified as requiring replacement. To ensure the well continues to safely provide a consistent supply of water, DWWR staff requested Pump Repair Service Co. to provide a quote for a new bowl assembly. To meet the required needs and standards for the City of Daly City, Pump Repair Service Co. is the only authorized dealer in Northern California who can provide quotation and the required Flowserve model bowl assembly needed for replacement.
The quoted amount for the Flowserve bowl assembly is $131,406.11. Staff is also requesting a 15% contingency in the amount of $19,710.92, for a total not to exceed $151,117.03.
Fiscal Impact
Sufficient funds are available in the Water Capital Fund: 41-385-720-4536 to provide for this action.
Summary/Conclusion
Authorize staff to purchase a new bowl assembly (submersible pump) for the Sullivan Well in the amount not to exceed $151,117.03.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Michael Patolo Joshua Cosgrove
Plant and Equipment Maintenance Manager Acting Director of Water and Wastewater Resources Attachment 1: Pump Repair Service Co. Quote
Attachment 2: Flowserve Letter
ACCOUNTS PAYABLE CHECK RUN SUMMARY
FISCAL YEAR 2022-2023
MONTH TOTAL
2022 July
August
September
October
November
December
2023 January
February
March
April
May
June
TOTAL
Total for Month Total for Year % of Total
3,379,571.73$ 12,744,399.97$ 47.7%
157,255.84 546,051.78$ 2.0%
4,056,950.55 13,419,735.41$ 50.2%
7,593,778.12$ 26,710,187.16$ 100.0%Total:
26,710,187.16$
SEPTEMBER 2022 BREAK DOWN OF EXPENSES BY FUND
Fund
General Fund
Gas Tax Fund
Utility/Enterprise Funds
10,006,379.08$
9,110,029.96
7,593,778.12
City of Daly City 09/09/22 [BANK RECON REGISTER] BK REGISTER Page 1 FRI, SEP 09, 2022, 12:37 PM --req: CLEE------leg: GL JL--loc: ONSITE----job:1056743 J865-----prog: BK200 <1.54>--report id: CKREG--- Document Payee ID Payee Name Date Amount Type Stat Rel To Note ================== ============ =========================== ======== ============= ==== ==== ====== ================================ AP CHK 00400231 57091R CHAN, XAVIER 09/09/22 240.52 MW IS AP CHK 00400232 G-HOLMES FRANCHISE TAX BOARD 09/09/22 200.00 MW IS AP CHK 00400233 G1HEARD FRANCHISE TAX BOARD 09/09/22 97.10 MW IS AP CHK 00400234 G1MARTINEZ SAN MATEO COUNTY SHERIFF 09/09/22 112.50 MW IS AP CHK 00400235 G1ALANO US DEPT OF THE TREASURY 09/09/22 128.84 MW IS G R A N D T O T A L S:
Total Void Machine Written 0.00 Number of Checks Processed: 0 Total Void Hand Written 0.00 Number of Checks Processed: 0 Total Machine Written 778.96 Number of Checks Processed: 5 Total Hand Written 0.00 Number of Checks Processed: 0 Total Reversals 0.00 Number of Checks Processed: 0 Total Cancelled 0.00 Number of Checks Processed: 0 Total EFTs 0.00 Number of EFTs Processed: 0 Total EPAYs 0.00 Number of EPAYs Processed: 0 G R A N D T O T A L 778.96
City of Daly City 10/03/22 [BANK RECON REGISTER] BK REGISTER Page 1 MON, OCT 03, 2022, 2:03 PM --req: TCHO------leg: GL JL--loc: ONSITE----job:1062878 J1560----prog: BK200 <1.54>--report id: CKREG--- Document Payee ID Payee Name Date Amount Type Stat Rel To Note ================== ============ =========================== ======== ============= ==== ==== ====== ================================ CB CHK 00091222 49024 JP MORGAN CHASE BANK N 09/12/22 55,259.95 HW IS Hand Written G R A N D T O T A L S:
Total Void Machine Written 0.00 Number of Checks Processed: 0 Total Void Hand Written 0.00 Number of Checks Processed: 0 Total Machine Written 0.00 Number of Checks Processed: 0 Total Hand Written 55,259.95 Number of Checks Processed: 1 Total Reversals 0.00 Number of Checks Processed: 0 Total Cancelled 0.00 Number of Checks Processed: 0 Total EFTs 0.00 Number of EFTs Processed: 0 Total EPAYs 0.00 Number of EPAYs Processed: 0 G R A N D T O T A L 55,259.95
City of Daly City 09/14/22 [BANK RECON REGISTER] BK REGISTER Page 1 WED, SEP 14, 2022, 12:06 PM --req: HFE-------leg: GL JL--loc: ONSITE----job:1058030 J1118----prog: BK200 <1.54>--report id: CKREG--- Document Payee ID Payee Name Date Amount Type Stat Rel To Note ================== ============ =========================== ======== ============= ==== ==== ====== ================================ AP CHK 00400236 46218R 24/7 ROOTER & PLUMBING SERV 09/15/22 4,000.00 MW IS AP CHK 00400237 56621 ACC BUSINESS 09/15/22 4,242.58 MW IS AP CHK 00400238 33975 ACE FIRE EQUIPMENT & SERVIC 09/15/22 5,951.73 MW IS AP CHK 00400239 15222 ACTION SPORTS 09/15/22 659.25 MW IS AP CHK 00400240 53561 ACTION TOWING 09/15/22 1,518.25 MW IS AP CHK 00400241 34666 AD BRAKES 09/15/22 142.54 MW IS AP CHK 00400242 1514 ADAM HILL COMPANY, THE 09/15/22 2,951.85 MW IS AP CHK 00400243 40735R ADVANTAGE ROOFING INC 09/15/22 550.00 MW IS AP CHK 00400244 13854 AECO SYSTEMS INC 09/15/22 310.00 MW IS AP CHK 00400245 13854 AECO SYSTEMS INC 09/15/22 7,250.00 MW IS AP CHK 00400246 29880 AIRGAS USA LLC 09/15/22 367.81 MW IS AP CHK 00400247 48347 ALAMEDA COUNTY SHERIFF'S OF 09/15/22 2,062.00 MW IS AP CHK 00400248 57084R ALEGA, RICHARD 09/15/22 400.00 MW IS AP CHK 00400249 14004 ALERT PEST CONTROL COMPANY 09/15/22 1,238.00 MW IS AP CHK 00400250 1025 ALHAMBRA 09/15/22 813.17 MW IS AP CHK 00400251 36102R ALL FOUR SEASONS ROOFING 09/15/22 275.00 MW IS AP CHK 00400252 37095 ALL INDUSTRIAL ELECTRIC SUP 09/15/22 2,380.37 MW IS AP CHK 00400253 39657 ALL STAR GLASS 09/15/22 594.36 MW IS AP CHK 00400254 37116 ALPHA ANALYTICAL LABORATORI 09/15/22 14,085.50 MW IS AP CHK 00400255 56231 AMAZON CAPITAL SERVICES INC 09/15/22 7,389.00 MW IS AP CHK 00400256 44228R AMERICAN EAGLE ROOFING COMP 09/15/22 275.00 MW IS AP CHK 00400257 45439JPA AMERICAN MEDICAL RESPONSE 09/15/22 500.00 MW IS AP CHK 00400258 56082R AMERICAN STANDARD ROOFING I 09/15/22 550.00 MW IS AP CHK 00400259 57087R AMERICAN TECHNOLOGIES INC 09/15/22 500.00 MW IS AP CHK 00400260 24868 ANIXTER INC 09/15/22 2,126.32 MW IS AP CHK 00400261 48649R ANTEA GROUP INC USA 09/15/22 3,180.00 MW IS AP CHK 00400262 57047R APOLLO ROOFING CO 09/15/22 275.00 MW IS AP CHK 00400263 55841 AQUA-METRIC SALES CO 09/15/22 2,355.61 MW IS
City of Daly City 09/14/22 [BANK RECON REGISTER] BK REGISTER Page 2 WED, SEP 14, 2022, 12:06 PM --req: HFE-------leg: GL JL--loc: ONSITE----job:1058030 J1118----prog: BK200 <1.54>--report id: CKREG--- Document Payee ID Payee Name Date Amount Type Stat Rel To Note ================== ============ =========================== ======== ============= ==== ==== ====== ================================ AP CHK 00400264 1259 ARAMARK 09/15/22 184.15 MW IS AP CHK 00400265 55833 ARAMARK 09/15/22 174.86 MW IS AP CHK 00400266 57079R AREVALO, ARCHIBAL 09/15/22 400.00 MW IS AP CHK 00400267 47007 ARTHUR J GALLAGHER & COMPAN 09/15/22 242,627.00 MW IS AP CHK 00400268 1101 AT&T 09/15/22 263.47 MW IS AP CHK 00400269 47392R AT&T 09/15/22 1,500.00 MW IS AP CHK 00400270 6413 AT&T MOBILITY 09/15/22 438.70 MW IS AP CHK 00400271 6413 AT&T MOBILITY 09/15/22 194.69 MW IS AP CHK 00400272 6413 AT&T MOBILITY 09/15/22 851.08 MW IS AP CHK 00400273 6413 AT&T MOBILITY 09/15/22 789.49 MW IS AP CHK 00400274 6413 AT&T MOBILITY 09/15/22 227.02 MW IS AP CHK 00400275 6413 AT&T MOBILITY 09/15/22 262.76 MW IS AP CHK 00400276 6413 AT&T MOBILITY 09/15/22 221.63 MW IS AP CHK 00400277 44649 ATLAS COPCO COMPRESSORS LLC 09/15/22 29,741.98 MW IS AP CHK 00400278 44506R ATLAS PLUMBING AND ROOTER I 09/15/22 2,000.00 MW IS AP CHK 00400279 29643 AUTO COLLISION CENTER 09/15/22 3,633.02 MW IS AP CHK 00400280 53260 AXON ENTERPRISE INC 09/15/22 282,544.66 MW IS AP CHK 00400281 49645 BADGE FRAME INC 09/15/22 107.25 MW IS AP CHK 00400282 57036R BAILEY, FERMINA 09/15/22 1,025.00 MW IS AP CHK 00400283 2495 BARKER BLUE DIGITAL IMAGING 09/15/22 639.42 MW IS AP CHK 00400284 52106 BAY CRYOGENICS INC 09/15/22 2,222.04 MW IS AP CHK 00400285 19200 BIRITE FOODSERVICE DISTRIBU 09/15/22 5,512.00 MW IS AP CHK 00400286 27835 BISHOP COMPANY 09/15/22 76.89 MW IS AP CHK 00400287 57089JPA BLUE FLAMINGO MARKETING 09/15/22 2,500.00 MW IS AP CHK 00400288 57075R BOLANOS, JULIETA 09/15/22 150.00 MW IS AP CHK 00400289 46139R BOWMAN, SCOTT 09/15/22 240.00 MW IS AP CHK 00400290 56068 BRADSHAW CONSTRUCTION 09/15/22 4,800.00 MW IS AP CHK 00400291 55850 BRADY AIR SERVICE INC 09/15/22 14,887.00 MW IS
City of Daly City 09/14/22 [BANK RECON REGISTER] BK REGISTER Page 3 WED, SEP 14, 2022, 12:06 PM --req: HFE-------leg: GL JL--loc: ONSITE----job:1058030 J1118----prog: BK200 <1.54>--report id: CKREG--- Document Payee ID Payee Name Date Amount Type Stat Rel To Note ================== ============ =========================== ======== ============= ==== ==== ====== ================================ AP CHK 00400292 3349 BROADMOOR LANDSCAPE SUPPLY 09/15/22 1,149.42 MW IS AP CHK 00400293 3064 BROWN & CALDWELL INC 09/15/22 39,860.57 MW IS AP CHK 00400294 57066R BROWNFIELD, DANIEL 09/15/22 941.00 MW IS AP CHK 00400295 48259 BWNVT MOTORS INC 09/15/22 17,754.46 MW IS AP CHK 00400296 54295R CABLECOM LLC 09/15/22 47,830.00 MW IS AP CHK 00400297 57048R CALBEST ROOFING INC 09/15/22 275.00 MW IS AP CHK 00400298 32671 CALIFORNIA STATE LANDS COMM 09/15/22 198.73 MW IS AP CHK 00400299 1196 CALIFORNIA WATER SERVICE CO 09/15/22 259.43 MW IS AP CHK 00400300 28636 CDW GOVERNMENT INC 09/15/22 2,740.08 MW IS AP CHK 00400301 48009 CENGAGE LEARNING INC / GALE 09/15/22 185.62 MW IS AP CHK 00400302 24769 CENTER POINT LARGE PRINT 09/15/22 45.75 MW IS AP CHK 00400303 10299JPA CENTRAL COUNTY FIRE DEPARTM 09/15/22 14,678.42 MW IS AP CHK 00400304 40597R CENTRAL ROOFING INC 09/15/22 275.00 MW IS AP CHK 00400305 3893 CERTIFIED LABORATORIES 09/15/22 233.25 MW IS AP CHK 00400306 54918R CFY CONSTRUCTION INC 09/15/22 275.00 MW IS AP CHK 00400307 48727 CINTAS CORPORATION 09/15/22 829.58 MW IS AP CHK 00400308 51204 CINTAS CORPORATION 09/15/22 407.91 MW IS AP CHK 00400309 3678 CINTAS CORPORATION #464 09/15/22 7,050.93 MW IS AP CHK 00400310 35395 CITY AUTO SUPPLY 09/15/22 3,146.23 MW IS AP CHK 00400311 46465JPA CITY OF BELMONT 09/15/22 3,072.08 MW IS AP CHK 00400312 6649JPA CITY OF BRISBANE 09/15/22 2,339.33 MW IS AP CHK 00400313 25602 CITY OF DALY CITY 09/15/22 128,838.84 MW IS AP CHK 00400314 43155JPA CITY OF DALY CITY 09/15/22 8,365.62 MW IS AP CHK 00400315 5342JPA CITY OF FOSTER CITY 09/15/22 3,672.08 MW IS AP CHK 00400316 6034JPA CITY OF PACIFICA 09/15/22 2,532.58 MW IS AP CHK 00400317 55405JPA CITY OF REDWOOD CITY 09/15/22 4,045.00 MW IS AP CHK 00400318 20562JPA CITY OF SAN BRUNO 09/15/22 1,035.67 MW IS AP CHK 00400319 46083JPA CITY OF SAN CARLOS 09/15/22 3,806.92 MW IS
City of Daly City 09/14/22 [BANK RECON REGISTER] BK REGISTER Page 4 WED, SEP 14, 2022, 12:06 PM --req: HFE-------leg: GL JL--loc: ONSITE----job:1058030 J1118----prog: BK200 <1.54>--report id: CKREG--- Document Payee ID Payee Name Date Amount Type Stat Rel To Note ================== ============ =========================== ======== ============= ==== ==== ====== ================================ AP CHK 00400320 25816JPA CITY OF SAN MATEO 09/15/22 7,972.75 MW IS AP CHK 00400321 44836R CIUCCI, MATTHEW 09/15/22 150.00 MW IS AP CHK 00400322 57083R CLIMACO, MARY 09/15/22 400.00 MW IS AP CHK 00400323 25819JPA COLMA FIRE PROTECTION DISTR 09/15/22 1,862.00 MW IS AP CHK 00400324 47244 COMCAST 09/15/22 94.87 MW IS AP CHK 00400325 49446 COMCAST 09/15/22 108.33 MW IS AP CHK 00400326 52453 COMCAST 09/15/22 118.72 MW IS AP CHK 00400327 56936R COMCAST 09/15/22 1,500.00 MW IS AP CHK 00400328 12578 COMPLETE LINEN SERVICES INC 09/15/22 219.89 MW IS AP CHK 00400329 2599 CONTINUING EDUCATION OF THE 09/15/22 1,420.00 MW IS AP CHK 00400330 56253 CORE & MAIN LP 09/15/22 8,850.09 MW IS AP CHK 00400331 30109 CORELOGIC SOLUTIONS LLC 09/15/22 185.00 MW IS AP CHK 00400332 54055R COSMIC RENOVATION AND ROOFI 09/15/22 275.00 MW IS AP CHK 00400333 43157JPA COUNTY OF SAN MATEO 09/15/22 1,060.66 MW IS AP CHK 00400334 55853 CRUSADER FENCE COMPANY LLC 09/15/22 25,408.00 MW IS AP CHK 00400335 56617R CRUZ, AURA JOMELIE 09/15/22 721.54 MW IS AP CHK 00400336 48323 CRYSTAL CREAMERY 09/15/22 1,090.21 MW IS AP CHK 00400337 28906 CSG CONSULTANTS INC 09/15/22 21,007.50 MW IS AP CHK 00400338 19907 CWEA-TCP 09/15/22 110.00 MW IS AP CHK 00400339 48970R CYPERT, SHANE 09/15/22 560.00 MW IS AP CHK 00400340 1836 DAILY JOURNAL CORPORATION 09/15/22 414.60 MW IS AP CHK 00400341 48520 DALY CITY PARTNERSHIP 09/15/22 179,793.84 MW IS AP CHK 00400342 1793 DALY CITY TOOL MART 09/15/22 15.33 MW IS AP CHK 00400343 56799 DAREN SCHOFIELD 09/15/22 175.00 MW IS AP CHK 00400344 54283R DAUS-MAGBUAL, ROD 09/15/22 15.00 MW IS AP CHK 00400345 51806 DAVID J POWERS & ASSOCIATES 09/15/22 6,688.75 MW IS AP CHK 00400346 1299 DEPARTMENT OF JUSTICE 09/15/22 624.00 MW IS AP CHK 00400347 20552 DEWEY PEST CONTROL INC 09/15/22 3,000.00 MW IS
City of Daly City 09/14/22 [BANK RECON REGISTER] BK REGISTER Page 5 WED, SEP 14, 2022, 12:06 PM --req: HFE-------leg: GL JL--loc: ONSITE----job:1058030 J1118----prog: BK200 <1.54>--report id: CKREG--- Document Payee ID Payee Name Date Amount Type Stat Rel To Note ================== ============ =========================== ======== ============= ==== ==== ====== ================================ AP CHK 00400348 26138R DISCOUNT PLUMBING & HEATING 09/15/22 115.60 MW IS AP CHK 00400349 30629LAW DOWNEY BRAND ATTORNEYS LLP 09/15/22 10,829.50 MW IS AP CHK 00400350 40801R DUMANDAN, WILGRACE 09/15/22 721.54 MW IS AP CHK 00400351 1061 DUNN EDWARDS CORPORATION 09/15/22 719.73 MW IS AP CHK 00400352 48177 EAST BAY TIRE CO 09/15/22 3,484.35 MW IS AP CHK 00400353 40541R EHB CONSTRUCTION 09/15/22 515.00 MW IS AP CHK 00400354 56187 ELLIS INVESTIGATIONS LAW CO 09/15/22 1,072.50 MW IS AP CHK 00400355 56297 EME ENTERPRISE INC 09/15/22 465.50 MW IS AP CHK 00400356 56611 ENTARA CORPORATION 09/15/22 1,631.49 MW IS AP CHK 00400357 26327 EWING IRRIGATION PRODUCTS I 09/15/22 52.02 MW IS AP CHK 00400358 56970 FAITEL, CRAIG 09/15/22 2,025.00 MW IS AP CHK 00400359 1765 FIDELITY NATIONAL TITLE INS 09/15/22 145.00 MW IS AP CHK 00400360 1765 FIDELITY NATIONAL TITLE INS 09/15/22 464.00 MW IS AP CHK 00400361 37459 FIRE CONNECTION INC, THE 09/15/22 2,215.19 MW IS AP CHK 00400362 41177R FIRM CONSTRUCTION COMPANY 09/15/22 1,325.00 MW IS AP CHK 00400363 19787 FIRST CHOICE COFFEE SERVICE 09/15/22 200.39 MW IS AP CHK 00400364 57078R FITZMAURICE, J H 09/15/22 1,200.00 MW IS AP CHK 00400365 3451 FRANK A OLSEN COMPANY 09/15/22 12,596.37 MW IS AP CHK 00400366 40202R FREUTEL ROOFING INC 09/15/22 275.00 MW IS AP CHK 00400367 57071R GADALA, NAIFEH J 09/15/22 2,225.00 MW IS AP CHK 00400368 56905R GAMEZ, JOHN 09/15/22 120.00 MW IS AP CHK 00400369 57082R GARCIA, WILMER HERNANDEZ 09/15/22 400.00 MW IS AP CHK 00400370 57073R GARDE, GRENACHE EDWARD 09/15/22 2,500.00 MW IS AP CHK 00400371 48247 GCS ENVIRONMENTAL EQUIPMENT 09/15/22 19,435.86 MW IS AP CHK 00400372 55311 GOLDEN STATE EMERGENCY 09/15/22 142.31 MW IS AP CHK 00400373 57085R GOMEZ, JENNIFER 09/15/22 400.00 MW IS AP CHK 00400374 18532 GOW SUPPLY COMPANY INC 09/15/22 133.23 MW IS AP CHK 00400375 1754 GRAINGER INC 09/15/22 1,508.47 MW IS
City of Daly City 09/14/22 [BANK RECON REGISTER] BK REGISTER Page 6 WED, SEP 14, 2022, 12:06 PM --req: HFE-------leg: GL JL--loc: ONSITE----job:1058030 J1118----prog: BK200 <1.54>--report id: CKREG--- Document Payee ID Payee Name Date Amount Type Stat Rel To Note ================== ============ =========================== ======== ============= ==== ==== ====== ================================ AP CHK 00400376 36985 GRAND INDUSTRIES INC 09/15/22 19,584.04 MW IS AP CHK 00400377 41984R GRAND ROOFING COMPANY INC 09/15/22 275.00 MW IS AP CHK 00400378 56292 GRANICUS LLC 09/15/22 9,013.30 MW IS AP CHK 00400379 29425 GRAPHTECH GRAPHICS 09/15/22 78.38 MW IS AP CHK 00400380 57088R GREEN, ALLISON 09/15/22 33.67 MW IS AP CHK 00400381 2223 HACH COMPANY 09/15/22 6,735.31 MW IS AP CHK 00400382 6476 HANSON, CATHERINE 09/15/22 750.00 MW IS AP CHK 00400383 52074 HARD DRIVE GRAPHICS 09/15/22 1,333.88 MW IS AP CHK 00400384 3702 HARRINGTON INDUSTRIAL PLAST 09/15/22 306.09 MW IS AP CHK 00400385 55667 HAZEN AND SAWYER 09/15/22 4,332.93 MW IS AP CHK 00400386 9049 HI TECH EVS INC 09/15/22 286.98 MW IS AP CHK 00400387 14410R HIGH QUALITY ROOFING CO 09/15/22 275.00 MW IS AP CHK 00400388 49700 HILL BROTHERS CHEMICAL CO 09/15/22 3,914.64 MW IS AP CHK 00400389 15857 HOME DEPOT CREDIT SERVICES 09/15/22 12,298.87 MW IS AP CHK 00400390 54590 HOME DEPOT PRO, THE 09/15/22 2,939.92 MW IS AP CHK 00400391 56109 HONEY BUCKET 09/15/22 209.00 MW IS AP CHK 00400392 41818 HUNTINGTON COURT REPORTERS 09/15/22 704.78 MW IS AP CHK 00400393 47482 ICC 09/15/22 4,202.38 MW IS AP CHK 00400394 57095 ID LABEL INC 09/15/22 648.40 MW IS AP CHK 00400395 53167R IN AND OUT PLUMBING 09/15/22 4,000.00 MW IS AP CHK 00400396 48933 INFOSEND INC 09/15/22 8,617.67 MW IS AP CHK 00400397 56564 INVOICE CLOUD INC 09/15/22 100.00 MW IS AP CHK 00400398 38914 J P COOKE COMPANY 09/15/22 38.63 MW IS AP CHK 00400399 55938R JAIE CONSTRUCTION 09/15/22 1,600.00 MW IS AP CHK 00400400 56192 JAVA CONNECTIONS LLC 09/15/22 2,478.34 MW IS AP CHK 00400401 55898R JRG ROOFING INC 09/15/22 275.00 MW IS AP CHK 00400402 21383R KALAVERAS, MARJORIE 09/15/22 769.50 MW IS AP CHK 00400403 56294 KELLY SPICERS FACILITIES SO 09/15/22 288.59 MW IS
City of Daly City 09/14/22 [BANK RECON REGISTER] BK REGISTER Page 7 WED, SEP 14, 2022, 12:06 PM --req: HFE-------leg: GL JL--loc: ONSITE----job:1058030 J1118----prog: BK200 <1.54>--report id: CKREG--- Document Payee ID Payee Name Date Amount Type Stat Rel To Note ================== ============ =========================== ======== ============= ==== ==== ====== ================================ AP CHK 00400404 39604 KIMBALL MIDWEST 09/15/22 218.61 MW IS AP CHK 00400405 50564 KRAFT INDUSTRIAL SUPPLY 09/15/22 389.81 MW IS AP CHK 00400406 31870R KRAUSS, GREGORY 09/15/22 269.60 MW IS AP CHK 00400407 1108 L N CURTIS AND SONS 09/15/22 561.91 MW IS AP CHK 00400408 57072R LAM, ALVIN 09/15/22 3,122.68 MW IS AP CHK 00400409 48008LAW LAW OFFICES OF BURKE WILLIA 09/15/22 84.00 MW IS AP CHK 00400410 33497 LEGACY MECHANICAL & ENERGY 09/15/22 348.00 MW IS AP CHK 00400411 12906LAW LIEBERT CASSIDY WHITMORE 09/15/22 25,367.50 MW IS AP CHK 00400412 14431 LINDE INC 09/15/22 7,536.18 MW IS AP CHK 00400413 29332 LORAL LANDSCAPING 09/15/22 22,927.00 MW IS AP CHK 00400414 49874 LOU'S GLOVES INC 09/15/22 805.00 MW IS AP CHK 00400415 57081R LUO, JIANHUA 09/15/22 28.41 MW IS AP CHK 00400416 57086R MATUS, HELMUT 09/15/22 400.00 MW IS AP CHK 00400417 15393 MCMASTER-CARR 09/15/22 693.45 MW IS AP CHK 00400418 49790R MCQUADE, JOSHUA 09/15/22 225.00 MW IS AP CHK 00400419 35536R MENESES CONSTRUCTION 09/15/22 737.00 MW IS AP CHK 00400420 25805JPA MENLO PARK FIRE PROTECTION 09/15/22 11,527.58 MW IS AP CHK 00400421 23949 METRO MOBILE COMMUNICATIONS 09/15/22 2,667.11 MW IS AP CHK 00400422 33993LAW MEYERS NAVE 09/15/22 7,072.00 MW IS AP CHK 00400423 49436REN MKD CEDAR HILL LLC 09/15/22 6,306.43 MW IS AP CHK 00400424 39868R MR ROOFING INC 09/15/22 1,093.26 MW IS AP CHK 00400425 54757 MSI FUEL MANAGEMENT 09/15/22 938.70 MW IS AP CHK 00400426 15210 MUNICIPAL MAINTENANCE EQUIP 09/15/22 657.96 MW IS AP CHK 00400427 57074R MUSSENDEN, HYACINTH 09/15/22 500.00 MW IS AP CHK 00400428 6850 NATIONAL BUSINESS FURNITURE 09/15/22 2,542.45 MW IS AP CHK 00400429 20117 NATIONAL CONSTRUCTION RENTA 09/15/22 708.39 MW IS AP CHK 00400430 40378R NEW CITY ROOFING CO INC 09/15/22 275.00 MW IS AP CHK 00400431 56451JPA NORTH COUNTY FIRE AUTHORITY 09/15/22 2,584.79 MW IS
City of Daly City 09/14/22 [BANK RECON REGISTER] BK REGISTER Page 8 WED, SEP 14, 2022, 12:06 PM --req: HFE-------leg: GL JL--loc: ONSITE----job:1058030 J1118----prog: BK200 <1.54>--report id: CKREG--- Document Payee ID Payee Name Date Amount Type Stat Rel To Note ================== ============ =========================== ======== ============= ==== ==== ====== ================================ AP CHK 00400432 34131 NORTH FENCE COMPANY 09/15/22 5,980.00 MW IS AP CHK 00400433 25761 NORTHERN SAFETY CO INC 09/15/22 479.84 MW IS AP CHK 00400434 46054R NYON, SAN 09/15/22 725.00 MW IS AP CHK 00400435 56820 ODP BUSINESS SOLUTIONS LLC 09/15/22 47.24 MW IS AP CHK 00400436 56821 ODP BUSINESS SOLUTIONS LLC 09/15/22 1,248.66 MW IS AP CHK 00400437 56822 ODP BUSINESS SOLUTIONS LLC 09/15/22 1,731.94 MW IS AP CHK 00400438 56335 OPERATIONAL TECHNICAL SERVI 09/15/22 18,235.03 MW IS AP CHK 00400439 3685 OTIS ELEVATOR COMPANY 09/15/22 964.28 MW IS AP CHK 00400440 55555 OVERDRIVE INC 09/15/22 748.68 MW IS AP CHK 00400441 42838 PACE SUPPLY CORP 09/15/22 350.54 MW IS AP CHK 00400442 10360R PACIFIC GAS & ELECTRIC 09/15/22 110,855.00 MW IS AP CHK 00400443 1216 PACIFIC GAS & ELECTRIC 09/15/22 28,247.53 MW IS AP CHK 00400444 29252 PACIFIC PRODUCE INC 09/15/22 3,467.25 MW IS AP CHK 00400445 57076R PAK, TERESINA 09/15/22 500.00 MW IS AP CHK 00400446 57092R PAMORADA, JERRY 09/15/22 2,858.33 MW IS AP CHK 00400447 56663 PARTS AUTHORITY LLC 09/15/22 6,434.52 MW IS AP CHK 00400448 6704 PAYNE, ROBERT 09/15/22 720.00 MW IS AP CHK 00400449 3297 PENINSULA LIBRARY SYSTEM 09/15/22 2,702.58 MW IS AP CHK 00400450 55742 PENNE BROTHERS LLC DBA YOUN 09/15/22 3,084.20 MW IS AP CHK 00400451 10255MED PERMANENTE MEDICAL GROUP IN 09/15/22 968.00 MW IS AP CHK 00400452 19678 PERS LONG TERM CARE PROGRAM 09/15/22 248.17 MW IS AP CHK 00400453 47044 PETERSON TRUCKS INC 09/15/22 1,977.42 MW IS AP CHK 00400454 54331 PIIAN SYSTEMS LLC 09/15/22 10,991.51 MW IS AP CHK 00400455 57080R POINT MARTIN LLC 09/15/22 1,000.00 MW IS AP CHK 00400456 25817JPA POINT MONTARA HALF MOON BAY 09/15/22 6,665.25 MW IS AP CHK 00400457 36106 POLYDYNE INC 09/15/22 87,725.72 MW IS AP CHK 00400458 56225 PRADO 9-1-1 INVESTIGATIVE S 09/15/22 2,397.78 MW IS AP CHK 00400459 53942 PREFERRED ALLIANCE INC 09/15/22 472.90 MW IS
City of Daly City 09/14/22 [BANK RECON REGISTER] BK REGISTER Page 9 WED, SEP 14, 2022, 12:06 PM --req: HFE-------leg: GL JL--loc: ONSITE----job:1058030 J1118----prog: BK200 <1.54>--report id: CKREG--- Document Payee ID Payee Name Date Amount Type Stat Rel To Note ================== ============ =========================== ======== ============= ==== ==== ====== ================================ AP CHK 00400460 55785 PRIME ACTUARIAL CONSULTING 09/15/22 6,800.00 MW IS AP CHK 00400461 30986 PUBLIC RISK MANAGEMENT ASSO 09/15/22 385.00 MW IS AP CHK 00400462 1143 PUMP REPAIR SERVICE 09/15/22 12,355.00 MW IS AP CHK 00400463 51526 PURETEC INDUSTRIAL WATER 09/15/22 317.51 MW IS AP CHK 00400464 54044 QUADIENT LEASING USA INC 09/15/22 1,653.54 MW IS AP CHK 00400465 27398 R & S ERECTION NORTH PENINS 09/15/22 4,441.84 MW IS AP CHK 00400466 55641R RAMIREZ ROOFING CORP 09/15/22 275.00 MW IS AP CHK 00400467 41727R RAMOS, LEILANI 09/15/22 8,166.05 MW IS AP CHK 00400468 48668JPA RAVNTECH CORPORATION 09/15/22 35,665.15 MW IS AP CHK 00400469 50803 READYREFRESH BY NESTLE 09/15/22 108.41 MW IS AP CHK 00400470 1200 REPUBLIC SERVICES OF NORTH 09/15/22 1,860,768.24 MW IS AP CHK 00400471 10207 ROMAN, MARIANNA 09/15/22 168.00 MW IS AP CHK 00400472 25567R ROYER, CYNTHIA 09/15/22 720.00 MW IS AP CHK 00400473 52843R S F UNDERGROUND 09/15/22 4,000.00 MW IS AP CHK 00400474 12544 SAN MATEO COUNTY CONTROLLER 09/15/22 72,636.00 MW IS AP CHK 00400475 43158JPA SAN MATEO COUNTY FIRE COUNT 09/15/22 12,775.67 MW IS AP CHK 00400476 57093 SAN MATEO COUNTY HEALTH 09/15/22 57,236.80 MW IS AP CHK 00400477 35246 SAN MATEO COUNTY SHERIFFS O 09/15/22 22,208.50 MW IS AP CHK 00400478 9666 SAN MATEO LAWN MOWER SHOP 09/15/22 777.62 MW IS AP CHK 00400479 56985R SANCHEZ, GENESIS 09/15/22 400.00 MW IS AP CHK 00400480 55607 SANTANA, BRUNO 09/15/22 3,000.00 MW IS AP CHK 00400481 54717 SANTANA, VALERIA CRISTINA 09/15/22 14,800.00 MW IS AP CHK 00400482 57068R SAUL, PILAR 09/15/22 275.00 MW IS AP CHK 00400483 49441 SC FUELS 09/15/22 37,176.11 MW IS AP CHK 00400484 52262R SCHUMACKER, DARIN 09/15/22 60.00 MW IS AP CHK 00400485 37037 SCOTT MACHINE DEVELOPMENT C 09/15/22 170.16 MW IS AP CHK 00400486 55570R SEA CONSTRUCTION 09/15/22 2,285.00 MW IS AP CHK 00400487 57069R SERRAMONTE CREAMERY LLC 09/15/22 2,675.00 MW IS
City of Daly City 09/14/22 [BANK RECON REGISTER] BK REGISTER Page 10 WED, SEP 14, 2022, 12:06 PM --req: HFE-------leg: GL JL--loc: ONSITE----job:1058030 J1118----prog: BK200 <1.54>--report id: CKREG--- Document Payee ID Payee Name Date Amount Type Stat Rel To Note ================== ============ =========================== ======== ============= ==== ==== ====== ================================ AP CHK 00400488 57070R SERSIV ROOFING CORP 09/15/22 275.00 MW IS AP CHK 00400489 1111 SF - WATER 09/15/22 923,624.54 MW IS AP CHK 00400490 50625R SF CROWN ROOFING INC 09/15/22 275.00 MW IS AP CHK 00400491 43132 SFPUC 09/15/22 39.90 MW IS AP CHK 00400492 31449 SHARP ELECTRONICS CORPORATI 09/15/22 10,927.07 MW IS AP CHK 00400493 45325R SHIU, BONNIE 09/15/22 196.50 MW IS AP CHK 00400494 23742 SHOE DEPOT INC 09/15/22 1,212.16 MW IS AP CHK 00400495 31650 SING TAO DAILY 09/15/22 288.00 MW IS AP CHK 00400496 32237 SMART & FINAL STORES LLC 09/15/22 3,036.25 MW IS AP CHK 00400497 18862R SMELLY MELS PLUMBING INC 09/15/22 2,000.00 MW IS AP CHK 00400498 36629 SMELLY MELS PLUMBING INC 09/15/22 13,408.00 MW IS AP CHK 00400499 2890 SMITH, GARY 09/15/22 345.36 MW IS AP CHK 00400500 54685 SOLAR ART 09/15/22 625.00 MW IS AP CHK 00400501 34821 SOUTH SAN FRANCISCO POLICE 09/15/22 520.00 MW IS AP CHK 00400502 55808 SOUTHERN COUNTIES LUBRICANT 09/15/22 5,813.95 MW IS AP CHK 00400503 55731R SRC ROOFING 09/15/22 825.00 MW IS AP CHK 00400504 37940 STANDARD PLUMBING SUPPLY CO 09/15/22 146.62 MW IS AP CHK 00400505 56958JPA STEPFORD 09/15/22 7,962.50 MW IS AP CHK 00400506 40900 STEVENS BAY AREA DIESEL SER 09/15/22 2,894.22 MW IS AP CHK 00400507 1090 STEWART CHEVROLET CADILLAC 09/15/22 486.62 MW IS AP CHK 00400508 52628R SUMMIT SHASTA HIGH SCHOOL 09/15/22 655.00 MW IS AP CHK 00400509 57067R SWANSON, LYNDA 09/15/22 137.83 MW IS AP CHK 00400510 51439 SWEET DELIGHT BAKERY 09/15/22 2,830.00 MW IS AP CHK 00400511 45319 T MOBILE USA INC 09/15/22 565.00 MW IS AP CHK 00400512 42522R TAN, ANDY 09/15/22 4,880.27 MW IS AP CHK 00400513 46855 TELE WORKS INC 09/15/22 2,372.91 MW IS AP CHK 00400514 42970JPA TELECOMMUNICATIONS ENGINEER 09/15/22 2,320.00 MW IS AP CHK 00400515 51891 TETRA TECH INC 09/15/22 8,522.91 MW IS
City of Daly City 09/14/22 [BANK RECON REGISTER] BK REGISTER Page 11 WED, SEP 14, 2022, 12:06 PM --req: HFE-------leg: GL JL--loc: ONSITE----job:1058030 J1118----prog: BK200 <1.54>--report id: CKREG--- Document Payee ID Payee Name Date Amount Type Stat Rel To Note ================== ============ =========================== ======== ============= ==== ==== ====== ================================ AP CHK 00400516 53452 THATCHER COMPANY OF CALIFOR 09/15/22 1,886.01 MW IS AP CHK 00400517 1201 THOMSON REUTERS WEST 09/15/22 2,809.82 MW IS AP CHK 00400518 15836 TJKM TRANSPORTATION CONSULT 09/15/22 3,515.00 MW IS AP CHK 00400519 57077R TOLL WEST COAST LLC 09/15/22 1,750.00 MW IS AP CHK 00400520 57094 TONALEHQUEH, CALPULLI 09/15/22 1,000.00 MW IS AP CHK 00400521 47836 TRAUBE CONSTRUCTION COMPANY 09/15/22 28,530.00 MW IS AP CHK 00400522 29829 TSAI FONG BOOKS INC 09/15/22 57.09 MW IS AP CHK 00400523 26803 TURBO DATA SYSTEMS INC 09/15/22 1,868.80 MW IS AP CHK 00400524 4675 TURF & INDUSTRIAL EQUIPMENT 09/15/22 91.45 MW IS AP CHK 00400525 37637 ULINE INC 09/15/22 605.38 MW IS AP CHK 00400526 50490 UNITEDHEALTHCARE INSURANCE 09/15/22 352.82 MW IS AP CHK 00400527 32209 UNIVAR SOLUTIONS USA INC 09/15/22 24,718.91 MW IS AP CHK 00400528 7873 URBAN FARMER STORE, THE 09/15/22 132.10 MW IS AP CHK 00400529 37684 USA BLUE BOOK 09/15/22 157.99 MW IS AP CHK 00400530 46998 UTILITY TELECOM GROUP LLC 09/15/22 1,688.41 MW IS AP CHK 00400531 38922 VANTAGEPOINT TRANSFER AGENT 09/15/22 2,000.00 MW IS AP CHK 00400532 38922 VANTAGEPOINT TRANSFER AGENT 09/15/22 6,000.00 MW IS AP CHK 00400533 38922 VANTAGEPOINT TRANSFER AGENT 09/15/22 6,219.91 MW IS AP CHK 00400534 57090R VAZQUEZ, JAMES 09/15/22 1,606.04 MW IS AP CHK 00400535 29329 VERIZON WIRELESS SERVICES L 09/15/22 6,558.47 MW IS AP CHK 00400536 52845R VIKING PAVERS INC 09/15/22 500.00 MW IS AP CHK 00400537 41056R VIOLA, ANNA MARIE 09/15/22 769.50 MW IS AP CHK 00400538 1579 VWR INTERNATIONAL LLC 09/15/22 2,227.41 MW IS AP CHK 00400539 55963R WANG, CHERESA 09/15/22 500.00 MW IS AP CHK 00400540 36355 WASTEWATER SOLUTIONS INC 09/15/22 6,386.01 MW IS AP CHK 00400541 46857 WATER INDUSTRY TRAINING SPE 09/15/22 3,200.00 MW IS AP CHK 00400542 50485 WAVE BROADBAND 09/15/22 2,470.90 MW IS AP CHK 00400543 39237 WEST COAST CODE CONSULTANTS 09/15/22 25,120.00 MW IS
City of Daly City 09/14/22 [BANK RECON REGISTER] BK REGISTER Page 12 WED, SEP 14, 2022, 12:06 PM --req: HFE-------leg: GL JL--loc: ONSITE----job:1058030 J1118----prog: BK200 <1.54>--report id: CKREG--- Document Payee ID Payee Name Date Amount Type Stat Rel To Note ================== ============ =========================== ======== ============= ==== ==== ====== ================================ AP CHK 00400544 6141 WEST COAST CONTRACTORS SERV 09/15/22 114.06 MW IS AP CHK 00400545 29517 WEST-LITE SUPPLY COMPANY IN 09/15/22 191.42 MW IS AP CHK 00400546 36033R WESTERN ENTERPRISES 09/15/22 2,000.00 MW IS AP CHK 00400547 30684 WHITE CAP LP 09/15/22 330.12 MW IS AP CHK 00400548 56711 WILLIAM K FAISST CONSULTING 09/15/22 8,569.80 MW IS AP CHK 00400549 54330 WILLIAMS SCOTSMAN INC 09/15/22 828.51 MW IS AP CHK 00400550 36417R WILLIAMS, ANNE 09/15/22 721.54 MW IS AP CHK 00400551 45551 WOLTERS KLUWER LEGAL & REGU 09/15/22 760.87 MW IS AP CHK 00400552 21984 WONG, ANTHONY 09/15/22 891.00 MW IS AP CHK 00400553 53781R WONG, TONY 09/15/22 378.67 MW IS AP CHK 00400554 18388JPA WOODSIDE FIRE PROTECTION DI 09/15/22 8,271.67 MW IS AP CHK 00400555 43396R YAMA CONSTRUCTION 09/15/22 3,075.56 MW IS AP CHK 00400556 12694R ZALINSKIS, KLAUS 09/15/22 721.54 MW IS AP CHK 00400557 51733R ZAYO GROUP LLC 09/15/22 2,000.00 MW IS G R A N D T O T A L S:
Total Void Machine Written 0.00 Number of Checks Processed: 0 Total Void Hand Written 0.00 Number of Checks Processed: 0 Total Machine Written 5,101,328.56 Number of Checks Processed: 322 Total Hand Written 0.00 Number of Checks Processed: 0 Total Reversals 0.00 Number of Checks Processed: 0 Total Cancelled 0.00 Number of Checks Processed: 0 Total EFTs 0.00 Number of EFTs Processed: 0 Total EPAYs 0.00 Number of EPAYs Processed: 0 G R A N D T O T A L 5,101,328.56
City of Daly City 09/22/22 [BANK RECON REGISTER] BK REGISTER Page 1 THU, SEP 22, 2022, 2:31 PM --req: CLEE------leg: GL JL--loc: ONSITE----job:1059919 J1305----prog: BK200 <1.54>--report id: CKREG--- Document Payee ID Payee Name Date Amount Type Stat Rel To Note ================== ============ =========================== ======== ============= ==== ==== ====== ================================ AP CHK 00400558 G-HOLMES FRANCHISE TAX BOARD 09/22/22 200.00 MW IS AP CHK 00400559 12906LAW LIEBERT CASSIDY WHITMORE 09/22/22 34,514.00 MW IS AP CHK 00400560 56225 PRADO 9-1-1 INVESTIGATIVE S 09/22/22 1,806.96 MW IS AP CHK 00400561 G1MARTINEZ SAN MATEO COUNTY SHERIFF 09/22/22 112.50 MW IS AP CHK 00400562 G1ALANO US DEPT OF THE TREASURY 09/22/22 119.83 MW IS G R A N D T O T A L S:
Total Void Machine Written 0.00 Number of Checks Processed: 0 Total Void Hand Written 0.00 Number of Checks Processed: 0 Total Machine Written 36,753.29 Number of Checks Processed: 5 Total Hand Written 0.00 Number of Checks Processed: 0 Total Reversals 0.00 Number of Checks Processed: 0 Total Cancelled 0.00 Number of Checks Processed: 0 Total EFTs 0.00 Number of EFTs Processed: 0 Total EPAYs 0.00 Number of EPAYs Processed: 0 G R A N D T O T A L 36,753.29
City of Daly City 09/29/22 [BANK RECON REGISTER] BK REGISTER Page 1 THU, SEP 29, 2022, 3:20 PM --req: CLEE------leg: GL JL--loc: ONSITE----job:1062346 J1511----prog: BK200 <1.54>--report id: CKREG--- Document Payee ID Payee Name Date Amount Type Stat Rel To Note ================== ============ =========================== ======== ============= ==== ==== ====== ================================ AP CHK 00400563 56874 42ND STREET MOON 09/30/22 1,000.00 MW IS AP CHK 00400564 25627 A S F ELECTRIC INC 09/30/22 9,325.00 MW IS AP CHK 00400565 50236 ABM BUILDING SOLUTIONS SAN 09/30/22 1,607.00 MW IS AP CHK 00400566 1514 ADAM HILL COMPANY, THE 09/30/22 64.44 MW IS AP CHK 00400567 40735R ADVANTAGE ROOFING INC 09/30/22 825.00 MW IS AP CHK 00400568 15226 AFSCME DISTRICT COUNCIL 57 09/30/22 4,279.88 MW IS AP CHK 00400569 29880 Airgas USA, LLC 09/30/22 32.58 MW IS AP CHK 00400570 36102R ALL FOUR SEASONS ROOFING 09/30/22 275.00 MW IS AP CHK 00400571 37095 ALL INDUSTRIAL ELECTRIC SUP 09/30/22 9,542.92 MW IS AP CHK 00400572 55560R ALLIANCE HOMES 09/30/22 3,000.00 MW IS AP CHK 00400573 22544 ALLSTAR FIRE EQUIPMENT INC 09/30/22 872.85 MW IS AP CHK 00400574 37981 ALS LABORATORY GROUP 09/30/22 29.70 MW IS AP CHK 00400575 40755 AMAZON 09/30/22 1,024.22 MW IS AP CHK 00400576 56231 AMAZON CAPITAL SERVICES INC 09/30/22 1,362.41 MW IS AP CHK 00400577 2083 AMERICA COPY & PRINTING CO 09/30/22 230.74 MW IS AP CHK 00400578 38846 AMERICAN MESSAGING 09/30/22 29.58 MW IS AP CHK 00400579 56082R AMERICAN STANDARD ROOFING I 09/30/22 275.00 MW IS AP CHK 00400580 14988 AMERICAN TOWER CORPORATION 09/30/22 8,712.83 MW IS AP CHK 00400581 46585 ANTHEM BLUE CROSS 09/30/22 108.00 MW IS AP CHK 00400582 46585 ANTHEM BLUE CROSS 09/30/22 95.60 MW IS AP CHK 00400583 1101 AT&T 09/30/22 98.00 MW IS AP CHK 00400584 32577 AT&T 09/30/22 390.74 MW IS AP CHK 00400585 32577 AT&T 09/30/22 1,762.08 MW IS AP CHK 00400586 32577 AT&T 09/30/22 10,722.75 MW IS AP CHK 00400587 45195 AT&T 09/30/22 145.00 MW IS AP CHK 00400588 45195 AT&T 09/30/22 225.00 MW IS AP CHK 00400589 45195 AT&T 09/30/22 95.00 MW IS AP CHK 00400590 45195 AT&T 09/30/22 850.00 MW IS
City of Daly City 09/29/22 [BANK RECON REGISTER] BK REGISTER Page 2 THU, SEP 29, 2022, 3:20 PM --req: CLEE------leg: GL JL--loc: ONSITE----job:1062346 J1511----prog: BK200 <1.54>--report id: CKREG--- Document Payee ID Payee Name Date Amount Type Stat Rel To Note ================== ============ =========================== ======== ============= ==== ==== ====== ================================ AP CHK 00400591 47003 AT&T 09/30/22 114.51 MW IS AP CHK 00400592 47003 AT&T 09/30/22 103.81 MW IS AP CHK 00400593 6413 AT&T MOBILITY 09/30/22 2,043.14 MW IS AP CHK 00400594 6413 AT&T MOBILITY 09/30/22 691.48 MW IS AP CHK 00400595 6413 AT&T MOBILITY 09/30/22 4,736.10 MW IS AP CHK 00400596 6413 AT&T MOBILITY 09/30/22 1,287.68 MW IS AP CHK 00400597 6413 AT&T MOBILITY 09/30/22 789.29 MW IS AP CHK 00400598 6413 AT&T MOBILITY 09/30/22 80.48 MW IS AP CHK 00400599 6413 AT&T MOBILITY 09/30/22 182.86 MW IS AP CHK 00400600 54858 AU ENERGY 09/30/22 432.00 MW IS AP CHK 00400601 29643 AUTO COLLISION CENTER 09/30/22 1,172.60 MW IS AP CHK 00400602 53625 AVENU 09/30/22 660.00 MW IS AP CHK 00400603 53260 AXON ENTERPRISE INC 09/30/22 3,238.41 MW IS AP CHK 00400604 1232 BAKER & TAYLOR COMPANY INC 09/30/22 6,319.31 MW IS AP CHK 00400605 7950 BAY AREA AIR QUALITY MANAGE 09/30/22 1,000.00 MW IS AP CHK 00400606 50602 BAY AREA CAR CARE PRODUCTS 09/30/22 871.03 MW IS AP CHK 00400607 19200 BIRITE FOODSERVICE DISTRIBU 09/30/22 4,266.60 MW IS AP CHK 00400608 48840 BK TECHNOLOGIES INC 09/30/22 373.76 MW IS AP CHK 00400609 22205 BLACKSTONE PUBLISHING 09/30/22 401.20 MW IS AP CHK 00400610 56068 BRADSHAW CONSTRUCTION 09/30/22 9,600.00 MW IS AP CHK 00400611 3349 BROADMOOR LANDSCAPE SUPPLY 09/30/22 137.78 MW IS AP CHK 00400612 50902R BROADWAY, CHRIS 09/30/22 185.00 MW IS AP CHK 00400613 3064 BROWN & CALDWELL INC 09/30/22 39,642.91 MW IS AP CHK 00400614 29354 BUCHANAN AUTO ELECTRIC INC 09/30/22 5,676.58 MW IS AP CHK 00400615 17997 C.L.E.A. 09/30/22 2,376.00 MW IS AP CHK 00400616 33981 CAGWIN & DORWARD 09/30/22 366.00 MW IS AP CHK 00400617 32671 CALIFORNIA STATE LANDS COMM 09/30/22 2,246.88 MW IS AP CHK 00400618 1196 CALIFORNIA WATER SERVICE CO 09/30/22 118.90 MW IS
City of Daly City 09/29/22 [BANK RECON REGISTER] BK REGISTER Page 3 THU, SEP 29, 2022, 3:20 PM --req: CLEE------leg: GL JL--loc: ONSITE----job:1062346 J1511----prog: BK200 <1.54>--report id: CKREG--- Document Payee ID Payee Name Date Amount Type Stat Rel To Note ================== ============ =========================== ======== ============= ==== ==== ====== ================================ AP CHK 00400619 17888 CARL WARREN & COMPANY INC 09/30/22 541.20 MW IS AP CHK 00400620 28636 CDW GOVERNMENT INC 09/30/22 55.88 MW IS AP CHK 00400621 42277 CEL ANALYTICAL INC 09/30/22 2,550.00 MW IS AP CHK 00400622 40597R CENTRAL ROOFING INC 09/30/22 275.00 MW IS AP CHK 00400623 12885R CHUNG, KIMMY 09/30/22 2,633.50 MW IS AP CHK 00400624 48727 CINTAS CORPORATION 09/30/22 643.36 MW IS AP CHK 00400625 51204 CINTAS CORPORATION 09/30/22 1,384.50 MW IS AP CHK 00400626 3678 CINTAS CORPORATION #464 09/30/22 9,377.51 MW IS AP CHK 00400627 25602 CITY OF DALY CITY 09/30/22 3,605.07 MW IS AP CHK 00400628 56237 CLAREMONT BEHAVIORAL SERVIC 09/30/22 1,339.00 MW IS AP CHK 00400629 57107R CLEAN ROOFING 09/30/22 275.00 MW IS AP CHK 00400630 48517 COMCAST 09/30/22 134.25 MW IS AP CHK 00400631 48645 COMCAST 09/30/22 83.00 MW IS AP CHK 00400632 51804 COMCAST 09/30/22 391.45 MW IS AP CHK 00400633 52652 COMCAST 09/30/22 168.82 MW IS AP CHK 00400634 56468 COMCAST 09/30/22 139.45 MW IS AP CHK 00400635 57063 COMCAST CABLE COMMUNICATION 09/30/22 40,586.75 MW IS AP CHK 00400636 12578 COMPLETE LINEN SERVICES INC 09/30/22 219.89 MW IS AP CHK 00400637 24182 CONTRA COSTA COUNTY LIBRARY 09/30/22 600.00 MW IS AP CHK 00400638 56253 CORE & MAIN LP 09/30/22 19,864.46 MW IS AP CHK 00400639 57106R CORRALES, MOISES 09/30/22 2,078.62 MW IS AP CHK 00400640 14930 COUNTY OF SAN MATEO 09/30/22 82.25 MW IS AP CHK 00400641 1053 CPS HR CONSULTING 09/30/22 1,805.00 MW IS AP CHK 00400642 42324 CRIME SCENE CLEANERS INC 09/30/22 108.00 MW IS AP CHK 00400643 48323 CRYSTAL CREAMERY 09/30/22 1,090.21 MW IS AP CHK 00400644 28906 CSG CONSULTANTS INC 09/30/22 16,234.13 MW IS AP CHK 00400645 19907 CWEA-TCP 09/30/22 100.00 MW IS AP CHK 00400646 1836 DAILY JOURNAL CORPORATION 09/30/22 171.00 MW IS
City of Daly City 09/29/22 [BANK RECON REGISTER] BK REGISTER Page 4 THU, SEP 29, 2022, 3:20 PM --req: CLEE------leg: GL JL--loc: ONSITE----job:1062346 J1511----prog: BK200 <1.54>--report id: CKREG--- Document Payee ID Payee Name Date Amount Type Stat Rel To Note ================== ============ =========================== ======== ============= ==== ==== ====== ================================ AP CHK 00400647 1414 DALY CITY CENTRAL CASHIER 09/30/22 1,210.70 MW IS AP CHK 00400648 1937 DALY CITY FIREFIGHTERS UNIO 09/30/22 8,690.50 MW IS AP CHK 00400649 30935 DALY CITY POLICE OFFICERS B 09/30/22 1,694.95 MW IS AP CHK 00400650 9290 DALY CITY POLICE OFFICERS A 09/30/22 14,546.16 MW IS AP CHK 00400651 9290 DALY CITY POLICE OFFICERS A 09/30/22 1,780.00 MW IS AP CHK 00400652 36807 DALY CITY TEST ONLY 09/30/22 40.00 MW IS AP CHK 00400653 1793 DALY CITY TOOL MART 09/30/22 4,923.53 MW IS AP CHK 00400654 54283R DAUS-MAGBUAL, ROD 09/30/22 1,125.42 MW IS AP CHK 00400655 51806 DAVID J POWERS & ASSOCIATES 09/30/22 10,836.74 MW IS AP CHK 00400656 1510 DEMCO INC 09/30/22 321.76 MW IS AP CHK 00400657 1299 DEPARTMENT OF JUSTICE 09/30/22 654.00 MW IS AP CHK 00400658 20552 DEWEY PEST CONTROL INC 09/30/22 3,000.00 MW IS AP CHK 00400659 14374 DOOLEY ENTERPRISES INC 09/30/22 8,802.66 MW IS AP CHK 00400660 57100R DUMLAO, ANTONIO 09/30/22 89.33 MW IS AP CHK 00400661 53530 EAN SERVICES LLC 09/30/22 403.81 MW IS AP CHK 00400662 48177 EAST BAY TIRE CO 09/30/22 1,365.90 MW IS AP CHK 00400663 1347 EBSCO INFORMATION SERVICES 09/30/22 84.72 MW IS AP CHK 00400664 40611 ECMS INC 09/30/22 770.58 MW IS AP CHK 00400665 56368 EMERGENT SYSTEMS EXCHANGE L 09/30/22 3,660.00 MW IS AP CHK 00400666 3786 ENVIRONMENTAL RESOURCE ASSO 09/30/22 1,096.78 MW IS AP CHK 00400667 1049 EQUIFAX INFORMATION SVCS LL 09/30/22 50.00 MW IS AP CHK 00400668 56435 ESO SOLUTIONS INC 09/30/22 667.58 MW IS AP CHK 00400669 57102R ESPANA, RAQUEL 09/30/22 771.85 MW IS AP CHK 00400670 56291 EUROFINS EPK BUILT ENVIRONM 09/30/22 818.60 MW IS AP CHK 00400671 26327 EWING IRRIGATION PRODUCTS I 09/30/22 933.28 MW IS AP CHK 00400672 56904R FARRAR, DAVID 09/30/22 720.00 MW IS AP CHK 00400673 56099R FEHR, KEVIN 09/30/22 867.63 MW IS AP CHK 00400674 26375 FEINBERG, JEANETTE 09/30/22 785.40 MW IS
City of Daly City 09/29/22 [BANK RECON REGISTER] BK REGISTER Page 5 THU, SEP 29, 2022, 3:20 PM --req: CLEE------leg: GL JL--loc: ONSITE----job:1062346 J1511----prog: BK200 <1.54>--report id: CKREG--- Document Payee ID Payee Name Date Amount Type Stat Rel To Note ================== ============ =========================== ======== ============= ==== ==== ====== ================================ AP CHK 00400675 9922 FERGUSON ENTERPRISES LLC #3 09/30/22 1,138.78 MW IS AP CHK 00400676 49393 FIRE SAFETY SUPPLY INCORPOR 09/30/22 706.70 MW IS AP CHK 00400677 11813 FOLGER GRAPHICS 09/30/22 1,400.91 MW IS AP CHK 00400678 G-HOLMES FRANCHISE TAX BOARD 09/30/22 200.00 MW IS AP CHK 00400679 56546 FUN EXPRESS LLC 09/30/22 598.57 MW IS AP CHK 00400680 55864 GAO, JAMIE CHIAHUI 09/30/22 100.00 MW IS AP CHK 00400681 21638R GARRISON PROPERTIES 09/30/22 150.00 MW IS AP CHK 00400682 56170 GAVIN'S PAINTING 09/30/22 1,111.47 MW IS AP CHK 00400683 57103R GENTRY CONSTRUCTION 09/30/22 275.00 MW IS AP CHK 00400684 37387R GLASS, ESMERALDA 09/30/22 720.00 MW IS AP CHK 00400685 57105R GOOD GUYS CONSTRUCTION 09/30/22 275.00 MW IS AP CHK 00400686 30509 GOODYEAR COMMERCIAL TIRE & 09/30/22 1,921.06 MW IS AP CHK 00400687 31925 GOVCONNECTION INC 09/30/22 75.59 MW IS AP CHK 00400688 47692 GOVERNMENT FINANCE RESEARCH 09/30/22 1,995.00 MW IS AP CHK 00400689 56403 GOVOS INC 09/30/22 8,793.39 MW IS AP CHK 00400690 1754 GRAINGER INC 09/30/22 2,168.63 MW IS AP CHK 00400691 36985 GRAND INDUSTRIES INC 09/30/22 40,631.39 MW IS AP CHK 00400692 1571 GRANITEROCK 09/30/22 6,809.92 MW IS AP CHK 00400693 29425 GRAPHTECH GRAPHICS 09/30/22 1,429.85 MW IS AP CHK 00400694 57104R GRAY WEST CONSTRUCTION INC 09/30/22 4,694.00 MW IS AP CHK 00400695 1123 GRAYBAR ELECTRIC CO INC 09/30/22 384.91 MW IS AP CHK 00400696 56252 GRISWOLD INDUSTRIES 09/30/22 24,088.40 MW IS AP CHK 00400697 50963R GRUMLEY, JOHN 09/30/22 169.99 MW IS AP CHK 00400698 57031R HA BUILDERS INC 09/30/22 1,475.00 MW IS AP CHK 00400699 2223 HACH COMPANY 09/30/22 1,291.32 MW IS AP CHK 00400700 50942 HANDLED WITH CARE 09/30/22 6,586.68 MW IS AP CHK 00400701 3702 HARRINGTON INDUSTRIAL PLAST 09/30/22 4,330.86 MW IS AP CHK 00400702 57065 HAWKINS COMPANY, THE 09/30/22 7,500.00 MW IS
City of Daly City 09/29/22 [BANK RECON REGISTER] BK REGISTER Page 6 THU, SEP 29, 2022, 3:20 PM --req: CLEE------leg: GL JL--loc: ONSITE----job:1062346 J1511----prog: BK200 <1.54>--report id: CKREG--- Document Payee ID Payee Name Date Amount Type Stat Rel To Note ================== ============ =========================== ======== ============= ==== ==== ====== ================================ AP CHK 00400703 23318 HERC RENTALS INC 09/30/22 1,362.42 MW IS AP CHK 00400704 11376 HEWLETT PACKARD ENTERPRISE 09/30/22 15,273.99 MW IS AP CHK 00400705 49700 HILL BROTHERS CHEMICAL CO 09/30/22 7,601.99 MW IS AP CHK 00400706 4011 HILTI INC 09/30/22 1,791.32 MW IS AP CHK 00400707 57108R HIRVE, NILESH RAJENDRA 09/30/22 1,817.36 MW IS AP CHK 00400708 54590 HOME DEPOT PRO, THE 09/30/22 9,755.74 MW IS AP CHK 00400709 47748 HONEYWELL ANALYTICS INC 09/30/22 950.00 MW IS AP CHK 00400710 2665 HSQ TECHNOLOGY CORP 09/30/22 2,250.00 MW IS AP CHK 00400711 55183R HUERTAS, YOLANDA 09/30/22 924.00 MW IS AP CHK 00400712 57097 HUMINTELL LLC 09/30/22 960.00 MW IS AP CHK 00400713 3076 IAFC MEMBERSHIP 09/30/22 310.00 MW IS AP CHK 00400714 31781 INNOVATIVE CLAIM SOLUTIONS 09/30/22 15,415.58 MW IS AP CHK 00400715 27808 JAMES FORD INC 09/30/22 64,664.97 MW IS AP CHK 00400716 57096 JONES, CLEITUS 09/30/22 5,967.00 MW IS AP CHK 00400717 7901 K 119 OF CALIFORNIA INC 09/30/22 9.06 MW IS AP CHK 00400718 47002MED KAISER PERMANENTE 09/30/22 8,122.26 MW IS AP CHK 00400719 10144 KAMAN INDUSTRIAL TECHNOLOGI 09/30/22 761.34 MW IS AP CHK 00400720 35151R KETT, ROBERT 09/30/22 5,448.06 MW IS AP CHK 00400721 39604 KIMBALL MIDWEST 09/30/22 986.12 MW IS AP CHK 00400722 20073 KIMLEY HORN & ASSOCIATES IN 09/30/22 17,975.51 MW IS AP CHK 00400723 51402R KLATT, JOHN 09/30/22 61.10 MW IS AP CHK 00400724 48573 KOSMONT COMPANIES 09/30/22 4,624.10 MW IS AP CHK 00400725 1108 L N CURTIS AND SONS 09/30/22 597.54 MW IS AP CHK 00400726 13776 LANGUAGE LINE SERVICES 09/30/22 1,833.73 MW IS AP CHK 00400727 53259 LEFTA SYSTEMS 09/30/22 2,421.53 MW IS AP CHK 00400728 29200 LEGAL SHIELD 09/30/22 358.90 MW IS AP CHK 00400729 45083 LEHR 09/30/22 13,194.49 MW IS AP CHK 00400730 57113R LELEA, JUNIOR 09/30/22 650.00 MW IS
City of Daly City 09/29/22 [BANK RECON REGISTER] BK REGISTER Page 7 THU, SEP 29, 2022, 3:20 PM --req: CLEE------leg: GL JL--loc: ONSITE----job:1062346 J1511----prog: BK200 <1.54>--report id: CKREG--- Document Payee ID Payee Name Date Amount Type Stat Rel To Note ================== ============ =========================== ======== ============= ==== ==== ====== ================================ AP CHK 00400731 52256 LIFTOFF LLC 09/30/22 6,240.00 MW IS AP CHK 00400732 14431 LINDE INC 09/30/22 6,069.08 MW IS AP CHK 00400733 29332 LORAL LANDSCAPING 09/30/22 6,370.00 MW IS AP CHK 00400734 57008R MA, ANNIE MENGLI 09/30/22 5,873.45 MW IS AP CHK 00400735 57099R MARTINS, RHUAN 09/30/22 1,570.00 MW IS AP CHK 00400736 54999R McCARTHY, NICHOLAS 09/30/22 5,448.06 MW IS AP CHK 00400737 23949 METRO MOBILE COMMUNICATIONS 09/30/22 931.77 MW IS AP CHK 00400738 22863 MIDWEST TAPE INC 09/30/22 1,342.95 MW IS AP CHK 00400739 42161R MORGAN, JEFFREY 09/30/22 720.00 MW IS AP CHK 00400740 53699 MORROW SERVICE 09/30/22 1,304.40 MW IS AP CHK 00400741 39868R MR ROOFING INC 09/30/22 275.00 MW IS AP CHK 00400742 15210 MUNICIPAL MAINTENANCE EQUIP 09/30/22 579,245.64 MW IS AP CHK 00400743 56793 NATIONAL FITNESS CAMPAIGN L 09/30/22 306,040.80 MW IS AP CHK 00400744 49974 NGLIC 09/30/22 1,857.12 MW IS AP CHK 00400745 52422 NICHOLS CONSULTING ENGINEER 09/30/22 60,124.53 MW IS AP CHK 00400746 55546 NORTH AMERICAN FENCE & RAIL 09/30/22 32,944.00 MW IS AP CHK 00400747 25761 NORTHERN SAFETY CO INC 09/30/22 135.66 MW IS AP CHK 00400748 56820 ODP BUSINESS SOLUTIONS LLC 09/30/22 518.64 MW IS AP CHK 00400749 56821 ODP BUSINESS SOLUTIONS LLC 09/30/22 1,250.06 MW IS AP CHK 00400750 56822 ODP BUSINESS SOLUTIONS LLC 09/30/22 1,262.35 MW IS AP CHK 00400751 53946 OLSON, ALAN RAY 09/30/22 408.00 MW IS AP CHK 00400752 56335 OPERATIONAL TECHNICAL SERVI 09/30/22 8,491.41 MW IS AP CHK 00400753 42838 PACE SUPPLY CORP 09/30/22 7.00 MW IS AP CHK 00400754 1216 PACIFIC GAS & ELECTRIC 09/30/22 395,526.60 MW IS AP CHK 00400755 29252 PACIFIC PRODUCE INC 09/30/22 1,242.30 MW IS AP CHK 00400756 38239 PAPE MACHINERY INC 09/30/22 1,121.01 MW IS AP CHK 00400757 38465R PARANGAN, JEFFREY 09/30/22 632.35 MW IS AP CHK 00400758 56367MED PAUL R GOOD PHD 09/30/22 1,550.00 MW IS
City of Daly City 09/29/22 [BANK RECON REGISTER] BK REGISTER Page 8 THU, SEP 29, 2022, 3:20 PM --req: CLEE------leg: GL JL--loc: ONSITE----job:1062346 J1511----prog: BK200 <1.54>--report id: CKREG--- Document Payee ID Payee Name Date Amount Type Stat Rel To Note ================== ============ =========================== ======== ============= ==== ==== ====== ================================ AP CHK 00400759 53495 PAVEMENT ENGINEERING INC 09/30/22 720.00 MW IS AP CHK 00400760 1936 PENINSULA PEACE OFFICERS AS 09/30/22 201.60 MW IS AP CHK 00400761 29738 PENINSULA UNIFORMS & EQUIPM 09/30/22 395.50 MW IS AP CHK 00400762 55742 PENNE BROTHERS LLC DBA YOUN 09/30/22 3,150.00 MW IS AP CHK 00400763 49521R PEREUR, ANTHONY 09/30/22 550.00 MW IS AP CHK 00400764 55834R PERMIT SERVICES 09/30/22 158.90 MW IS AP CHK 00400765 19678 PERS LONG TERM CARE PROGRAM 09/30/22 248.17 MW IS AP CHK 00400766 19678 PERS LONG TERM CARE PROGRAM 09/30/22 248.17 MW IS AP CHK 00400767 47044 PETERSON TRUCKS INC 09/30/22 6,237.08 MW IS AP CHK 00400768 36106 POLYDYNE INC 09/30/22 34,526.59 MW IS AP CHK 00400769 54462 PORAC RETIREE MEDICAL TRUST 09/30/22 17,800.00 MW IS AP CHK 00400770 52406 POWER WORKS INC 09/30/22 5,664.06 MW IS AP CHK 00400771 51526 PURETEC INDUSTRIAL WATER 09/30/22 6.29 MW IS AP CHK 00400772 14449 R & S ERECTION OF SAN MATEO 09/30/22 2,705.73 MW IS AP CHK 00400773 57109R R A THOMSON ROOFING 09/30/22 275.00 MW IS AP CHK 00400774 51664R RAYGOZA, ROBERTO 09/30/22 140.00 MW IS AP CHK 00400775 50803 READYREFRESH BY NESTLE 09/30/22 180.02 MW IS AP CHK 00400776 1687 RED WING SHOES 09/30/22 350.00 MW IS AP CHK 00400777 14608 REEVES COMPANY INC 09/30/22 29.09 MW IS AP CHK 00400778 54591 ROADWAY STEEL & FABRICATION 09/30/22 5,079.77 MW IS AP CHK 00400779 57114R RODRIGUEZ, RENALDO 09/30/22 147.39 MW IS AP CHK 00400780 57110R ROOFING FRIENDS, THE 09/30/22 275.00 MW IS AP CHK 00400781 13761 ROSS RECREATION EQUIPMENT I 09/30/22 142.86 MW IS AP CHK 00400782 57116 RUBY IBARRA ENTERTAINMENT L 09/30/22 3,500.00 MW IS AP CHK 00400783 22771 S & S WORLDWIDE INC 09/30/22 156.76 MW IS AP CHK 00400784 1087 SAFETY KLEEN SYSTEMS INC 09/30/22 2,548.30 MW IS AP CHK 00400785 56629 SAN FRANCISCO HEARING CENTE 09/30/22 200.96 MW IS AP CHK 00400786 56664 SAN MATEO COUNTY FIREFIGHTE 09/30/22 8,840.00 MW IS
City of Daly City 09/29/22 [BANK RECON REGISTER] BK REGISTER Page 9 THU, SEP 29, 2022, 3:20 PM --req: CLEE------leg: GL JL--loc: ONSITE----job:1062346 J1511----prog: BK200 <1.54>--report id: CKREG--- Document Payee ID Payee Name Date Amount Type Stat Rel To Note ================== ============ =========================== ======== ============= ==== ==== ====== ================================ AP CHK 00400787 18047 SAN MATEO COUNTY PUBLIC 09/30/22 8,504.50 MW IS AP CHK 00400788 35246 SAN MATEO COUNTY SHERIFFS O 09/30/22 103,908.00 MW IS AP CHK 00400789 56750 SCL-NORTH 09/30/22 3,494.02 MW IS AP CHK 00400790 50625R SF CROWN ROOFING INC 09/30/22 275.00 MW IS AP CHK 00400791 52666 SHRED WORKS INC 09/30/22 161.00 MW IS AP CHK 00400792 54955R SKYBLUE BUILDERS 09/30/22 2,155.00 MW IS AP CHK 00400793 1985 SMCPCSA 09/30/22 100.00 MW IS AP CHK 00400794 20534 ST FRANCIS ELECTRIC INC 09/30/22 1,515.00 MW IS AP CHK 00400795 3613 STATIONARY ENGINEERS LOCAL 09/30/22 4,065.88 MW IS AP CHK 00400796 57117 STRONG ENTERTAINMENT LLC 09/30/22 1,000.00 MW IS AP CHK 00400797 51439 SWEET DELIGHT BAKERY 09/30/22 2,673.00 MW IS AP CHK 00400798 15547R SYLVESTER, GLENN 09/30/22 1,588.34 MW IS AP CHK 00400799 45319 T MOBILE USA INC 09/30/22 150.00 MW IS AP CHK 00400800 57115R TAIM, AUDI 09/30/22 40.00 MW IS AP CHK 00400801 56988 TARRAR UTILITY CONSULTANTS 09/30/22 2,399.00 MW IS AP CHK 00400802 2798 TEAMSTERS LOCAL 856 09/30/22 3,039.00 MW IS AP CHK 00400803 13852 TELECOMMUNICATIONS ENGINEER 09/30/22 2,887.00 MW IS AP CHK 00400804 53970 TRIDENT K9 CONSULTING 09/30/22 1,000.00 MW IS AP CHK 00400805 52033 TRIPEPI SMITH & ASSOCIATES 09/30/22 1,757.70 MW IS AP CHK 00400806 51119R TUALAULELEI, JEREL 09/30/22 378.27 MW IS AP CHK 00400807 57111R UDALOV, ALEXEY 09/30/22 2,246.86 MW IS AP CHK 00400808 37637 ULINE INC 09/30/22 1,020.08 MW IS AP CHK 00400809 11522 UNDERGROUND SERVICE ALERT 09/30/22 2,617.25 MW IS AP CHK 00400810 31894R UNITED ROOFING COMPANY 09/30/22 275.00 MW IS AP CHK 00400811 32209 UNIVAR SOLUTIONS USA INC 09/30/22 12,040.04 MW IS AP CHK 00400812 7873 URBAN FARMER STORE, THE 09/30/22 234.10 MW IS AP CHK 00400813 G1ALANO US DEPT OF THE TREASURY 09/30/22 136.39 MW IS AP CHK 00400814 37684 USA BLUE BOOK 09/30/22 1,013.94 MW IS
City of Daly City 09/29/22 [BANK RECON REGISTER] BK REGISTER Page 10 THU, SEP 29, 2022, 3:20 PM --req: CLEE------leg: GL JL--loc: ONSITE----job:1062346 J1511----prog: BK200 <1.54>--report id: CKREG--- Document Payee ID Payee Name Date Amount Type Stat Rel To Note ================== ============ =========================== ======== ============= ==== ==== ====== ================================ AP CHK 00400815 38922 VANTAGEPOINT TRANSFER AGENT 09/30/22 6,000.00 MW IS AP CHK 00400816 38922 VANTAGEPOINT TRANSFER AGENT 09/30/22 2,000.00 MW IS AP CHK 00400817 56885R VAZQUEZ ROOFING 09/30/22 275.00 MW IS AP CHK 00400818 29329 VERIZON WIRELESS SERVICES L 09/30/22 1,469.87 MW IS AP CHK 00400819 56195 VIERNES, ROBERT 09/30/22 300.00 MW IS AP CHK 00400820 1579 VWR INTERNATIONAL LLC 09/30/22 441.50 MW IS AP CHK 00400821 47474R WAH WONG CONSTRUCTION COMPA 09/30/22 4,975.00 MW IS AP CHK 00400822 56945 WALKER PROCESS EQUIPMENT 09/30/22 14,750.00 MW IS AP CHK 00400823 36355 WASTEWATER SOLUTIONS INC 09/30/22 4,125.00 MW IS AP CHK 00400824 50485 WAVE BROADBAND 09/30/22 243.51 MW IS AP CHK 00400825 3691 WECO INDUSTRIES LLC 09/30/22 856.81 MW IS AP CHK 00400826 49085 WEST COAST ARBORISTS INC 09/30/22 2,700.00 MW IS AP CHK 00400827 39237 WEST COAST CODE CONSULTANTS 09/30/22 36,331.98 MW IS AP CHK 00400828 6141 WEST COAST CONTRACTORS SERV 09/30/22 110.86 MW IS AP CHK 00400829 30684 WHITE CAP LP 09/30/22 274.68 MW IS AP CHK 00400830 57101R WONG, ROSE ALFONSO 09/30/22 4,975.00 MW IS AP CHK 00400831 41132 WRIGHT, CHARLAYNE 09/30/22 336.00 MW IS AP CHK 00400832 46308R YES CONSTRUCTION 09/30/22 3,608.03 MW IS AP CHK 00400833 57112R ZHAO, DONG YI 09/30/22 1,774.99 MW IS
City of Daly City 09/29/22 [BANK RECON REGISTER] BK REGISTER Page 11 THU, SEP 29, 2022, 3:20 PM --req: CLEE------leg: GL JL--loc: ONSITE----job:1062346 J1511----prog: BK200 <1.54>--report id: CKREG--- Document Payee ID Payee Name Date Amount Type Stat Rel To Note ================== ============ =========================== ======== ============= ==== ==== ====== ================================ G R A N D T O T A L S:
Total Void Machine Written 0.00 Number of Checks Processed: 0 Total Void Hand Written 0.00 Number of Checks Processed: 0 Total Machine Written 2,399,657.36 Number of Checks Processed: 271 Total Hand Written 0.00 Number of Checks Processed: 0 Total Reversals 0.00 Number of Checks Processed: 0 Total Cancelled 0.00 Number of Checks Processed: 0 Total EFTs 0.00 Number of EFTs Processed: 0 Total EPAYs 0.00 Number of EPAYs Processed: 0 G R A N D T O T A L 2,399,657.36
City Council Meeting Agenda ReportItem # _____
Meeting Date: October 24, 2022
Subject: Introduction of Ordinance Adding Chapter 9.58 – Re: Unlawful Possession of Used Catalytic Converter
Recommended Action
Staff recommends the Council conduct a public hearing and introduce the attached Ordinance adding Chapter 9.58 to the Daly City Municipal Code, prohibiting the unlawful possession of used catalytic converters in Daly City.
Background
Catalytic converter thefts have become increasingly problematic in Daly City over the last few years.
There were 90 reported incidents in 2020, 182 reported incidents in 2021, and 162 reported incidents year to date in 2022. These thefts continue to rise because individuals are incentivized to commit catalytic converter thefts due to the ease of committing the crime, the monetary incentive and the challenges associated with arresting and prosecuting suspects.
On October 10, 2022, Council set October 24, 2022, during the regularly scheduled council meeting, as the time and place for the first reading and public presentation of the ordinance, which would prohibit the unlawful possession of a used catalytic converter.
Discussion
While California lawmakers have recognized catalytic converter thefts are a growing problem and are looking at ways to address the issue, there are currently no laws to enforce the unlawful possession of a catalytic converter absent an identifiable victim. Staff propose adoption of an ordinance to add Chapter 9.58 to the Daly City Municipal Code to prohibit the unlawful possession of any used catalytic converter not attached to a vehicle, unless the possessor has valid documentation or other proof to verify, they are in lawful possession of the catalytic converter.
For purpose of the ordinance, a “used catalytic converter” would be defined as any catalytic converter that has at any point been installed on a vehicle. “Lawful possession” would require being the lawful owner of the catalytic converter or be in possession of the catalytic converter with the lawful owner’s written consent. The ordinance will not require proof the catalytic converter was stolen to establish the unlawful possession.
A person would be required to show “documentation or other proof” to verify they are in lawful possession, which includes (i) a certificate of title or certificate of registration showing the possessor’s legal interest in the vehicle from which the catalytic converter was detached that matches the vehicle identification number permanently marked on the catalytic converter; (ii) written authorization, including the vehicle identification number, from the person or entity that holds the certificate of title or certificate of registration of the vehicle from which the catalytic converter was detached; or (iii) evidence the catalytic converter was acquired in a lawful transaction pursuant to the requirements of Section 21610 of the Business and Professions Code.
City Council Agenda Report
Response Meeting Page 2 of 2
Any violation of the ordinance would be punishable by a misdemeanor, which may include a fine or imprisonment, or both as provided in Section 36901 of the California Government Code. A fine may not exceed one-thousand dollars ($1000), and imprisonment may not exceed six (6) months.
Fiscal Impact
The adoption of this ordinance will have no impact on the City's budget.
Summary/Conclusion
Staff recommends the City Council conduct a public hearing and introduce the attached Ordinance adding Chapter 9.58 to the Daly City Municipal Code adopting an ordinance prohibiting the unlawful possession of used catalytic converters in Daly City.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Cameron Christensen
Acting Chief of Police
Attachments:
1. Draft Ordinance Chapter 9.58
City Council Meeting Agenda ReportItem # _____
Meeting Date: October 24, 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 24, 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 $429,000. 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 24, 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 $375,200 $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 $429,757 $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 $429,757 $1,671,139 9/23/2022
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
9/23/2022
City Council Meeting Agenda ReportItem # _____
Meeting Date: October 24, 2022
Subject: Parking Variance for Day Care Center at 92 Hill Street – Variance VARC-5-22-15962
Recommended
On October 4, 2022, the Planning Commission voted 5-0 to recommend that the City Council approve Variance VARC-5-22-15962. The Planning Commission had no questions about the proposal.
Background
The applicant, Ping Zhoa, is requesting approval of a parking variance to allow the operation of a Day Care Center, serving up to 80 children and eight staff members. (see Attachment A – Site Location).
The project site contains an existing 3,652 square foot building, most recently use as a church. Minor tenant improvement work is proposed for the interior, with the floor plan itself to remain unchanged.
The parking area would be reconfigured to include parking for four vehicles, ADA accessible pathways, and an outdoor play area. (see Attachment B – Project Plans).
Variance
The proposed project would eliminate four on-site parking stalls to allow for an outdoor play area, leaving four parking stalls on-site. The Daly City Municipal Code requires one parking stall for each ten children and one stall for each staff member. The proposed use would require 16 parking stalls.
Daly City Municipal Code (DCMC) 17.46 Variances and California Government Code (CGC) Section 65906 govern the processing and review of the variance requests. The CGC 65906.5 also allows parking variances under specific circumstances when there are transit and public parking opportunities for commercial development.
Parking Variance California Government Code Section 65906.5:
"Notwithstanding section 65906, a variance may be granted from the parking requirements of a zoning ordinance in order that some or all of the required parking spaces be located offsite, including locations in other local jurisdictions, or that in- lieu fees or facilities be provided instead of the required parking spaces, if both the following conditions are met: (a) The variance will be an incentive to, and a benefit for, the nonresidential development; and (b) The variance will facilitate access to the nonresidential development by patrons of public transit facilities, particularly guideway facilities."
There are ample public parking opportunities within 500 feet from the project site. Furthermore, there are nearby SamTrans public transportation hubs on Junipero Serra, across the street and within 1,000 feet from the project site. The Colma BART station is within one-half mile of the project. Public
City Council Agenda Report Page 2
Variance VARC-5-22-15962 Parking Variance for Day Care Center at 92 Hill Street – Page 2 of 4 transit riders will have ease of access to the proposed expanded Day Care Center. Due to the availability of parking opportunities and nearby public transit to serve the project site, staff feels that granting of the variance would be an incentive to the community.
The Zoning Ordinance requires the application for a variance to be presented to the Planning Commission for recommendation to the City Council. The City Council may then approve or deny the variance request. DCMC 17.46.050 requires that the following findings (in italics) be made by the Planning Commission and City Council:
A. That because of exceptional conditions applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of this title is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zoning district classification.
There are similar uses operating on properties both immediately adjacent to and within the vicinity of the project site along the Hill Street frontage that provide limited on-site parking. While the proposed use as a Day Care Center would increase the building’s parking requirement, staff and the applicant both feel that the space would be better used as an outdoor play area for the children. The issuance of the variance would therefore effectively place the subject building in parity with other buildings and uses within the neighborhood.
B. That the variance authorized does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and under identical zoning district classification.
Strict application of the parking regulations would deprive the subject property of the same privileges enjoyed by other properties within the vicinity in the same zoning district. The proposed use provides a benefit to the community, by providing easily accessible child care to working parents within the vicinity of the Colma Bart Station. As a result, a variance is requested to allow the tenant improvement.
C. That in the coastal zone the variance authorized is consistent with the policies, maps and public access component of the local coastal plan.
The project site is not within the coastal zone.
Environmental Assessment
The Planning Commission has reviewed the proposal under the requirements of the California Environmental Quality Act (CEQA) and has determined that the project, as conditioned, is exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061 – Review for Exemption. There is no potential for environmental impacts caused by the project.
Findings
As conditioned, the proposed Variance VARC-5-22-15692 complies with Title 17 (Zoning) of the Daly City Municipal Code. Approval of the proposed Variance would not be detrimental to the health, safety, morals, comfort and general welfare of persons residing or working in the
City Council Agenda Report Page 3
Variance VARC-5-22-15962 Parking Variance for Day Care Center at 92 Hill Street – Page 3 of 4 neighborhood. The proposed use will not be injurious or detrimental to the property and improvements in the neighborhood or the general welfare of the city. These findings are based on the following facts:
1. In accordance with Title 17 of the Daly City Municipal Code, as well as applicable State zoning enabling legislation, the City Council conducted a public hearing on October 24, 2022.
Legal public notice of said hearing was provided by newspaper publication on Thursday, October 13, 2022, posting and via first class mailing to property owners within 300 feet of the site.
2. The Planning Commission has reviewed the proposal under the requirements of the California Environmental Quality Act (CEQA) and has determined the project is exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061 – Review for Exemption. There is no potential for environmental impacts caused by the project.
3. The proposed project is consistent with Zoning Regulations Chapter 17.46, Variances, and State Government Code 65906.5 in that the proposed use with the applicable parking variance granted, will provide an incentive to the commercial development.
4. There are similar uses operating on properties both immediately adjacent to and within the vicinity of the project site along the Hill Street frontage that provide limited on-site parking.
While the proposed use as a Day Care Center would increase the building’s parking requirement, staff and the applicant both feel that the space would be better used as an outdoor play area for the children. The issuance of the variance would therefore effectively place the subject building in parity with other buildings and uses within the neighborhood.
5. The subject property is not being granted a special privilege in that other properties within the vicinity of the subject property have commercial and residential uses where similar site limitations exist and where no or reduced on-site parking is available due substantial building lot coverage and where public parking and transit proximity provides the parking opportunities to serve the uses in accordance with Daly City Zoning Regulations and State Law.
Conditions of Approval
The following conditions of approval shall apply to the use for the entirety of its existence.
PLANNING DIVISION
1. A sign permit shall be required for the signage prior to installation. Review and approval by the Planning Division prior to sign permit issuance is required.
2. Variance is applicable to approved floor plan as attached and changes require additional Planning review and/or City Council review or both.
City Council Agenda Report Page 4
Variance VARC-5-22-15962 Parking Variance for Day Care Center at 92 Hill Street – Page 4 of 4
3. The Variance shall be valid for a period of one year from the date of City Council approval.
The approval shall terminate if a Building Permit has not been obtained and construction commenced within one-year of City Council approval of the project.
4. The fence related to the outdoor play area shall not encroach into the public right of way.
ENGINEERING DIVISON
5. The fence related to the outdoor play area shall not encroach into the public right-of-way. The fence shall be located a minimum of 30” from the edge of the water main and the backflow preventer or as approved by the Department of Water and Wastewater.
6. Prior to permit issuance, the applicant shall enter into a Landscape Maintenance Agreement in a form acceptable to the City Attorney to ensure the Property Owner will provide long-term maintenance of all landscaping and irrigation installed in the public right-of-way. Design of planting and irrigation system shall minimize the extent of irrigation lines, controllers, and valves in the public right-of-way and shall be reviewed and approved by the City Engineer.
Recommendations
The Planning Commission recommends that the City Council take the following actions:
1. Adopt the Findings as outlined herein;
2. Affirm the project is exempt from the California Environmental Quality Act (CEQA) per Section 15061 – Review for Exemption; and
3. Approve Variance VARC-5-22-15962, subject to the Findings and Conditions outlined herein.
Respectfully submitted,
Brian Paland Tatum Mothershead
Assistant Planner Director of Economic and Community
Development
Attachments
Attachment A – Location Map
Attachment B – Project Plans
Location Map
City Council Meeting Agenda ReportItem # _____
Meeting Date: October 24, 2022
Subject: Parking Variance for Restaurant Use at 6540 Mission Street – Variance VARC-5-22-15680
Recommended
On October 4, 2022, the Planning Commission voted 5-0 to recommend that the City Council approve Variance VARC-5-22-15962. Planning Commission comments are provided below in bold italics.
Background
The applicant, Rhuan Martins, is requesting approval of a parking variance to allow an increase in the number of patrons for in-person dining at the existing restaurant, from 12 to 39 patrons, located at 6540 Mission Street (see Attachment A – Site Location).
The project site contains an existing 1,657 square foot building, previously used as a social club and recently remodeled to a restaurant serving up to 12 patrons for on-site dining. Minor tenant improvement work is proposed for the interior, which would include adding seating for up to 39 patrons (see Attachment B – Project Plans).
Variance
There are currently five on-site parking stalls as part of a shared parking lot, with of total of 19 spaces.
The Daly City Municipal Code requires one parking stall for each 125 square feet of gross floor area for restaurants. The proposed use would require 13 parking stalls. The applicant is requesting a variance for eight parking stalls.
Daly City Municipal Code (DCMC) 17.46 Variances and California Government Code (CGC) Section 65906 govern the processing and review of the variance requests. The CGC 65906.5 also allows parking variances under specific circumstances when there are transit and public parking opportunities for commercial development.
Parking Variance California Government Code Section 65906.5:
"Notwithstanding section 65906, a variance may be granted from the parking requirements of a zoning ordinance in order that some or all of the required parking spaces be located offsite, including locations in other local jurisdictions, or that in- lieu fees or facilities be provided instead of the required parking spaces, if both the following conditions are met: (a) The variance will be an incentive to, and a benefit for, the nonresidential development; and (b) The variance will facilitate access to the nonresidential development by patrons of public transit facilities, particularly guideway facilities."
There are ample public parking opportunities within 500 feet from the project site. Furthermore, there are nearby SamTrans public transportation hubs on Mission Street. The Daly City BART station is within one-half mile of the project. Historically, the Redevelopment Agency had granted parking
City Council Agenda Report Page 2
Variance VARC-5-22-15680 – Parking Variance for Restaurant Use at 6540 Mission Street Page 2 of 4 waivers for businesses on Mission Street, but the agency was dissolved. Due to the availability of parking opportunities and nearby public transit to serve the project site, staff feels that granting of the variance would be an incentive to the community.
The Zoning Ordinance requires the application for a variance to be presented to the Planning Commission for recommendation to the City Council. The City Council may then approve or deny the variance request. DCMC 17.46.050 requires that the following findings (in italics) be made by the Planning Commission and City Council:
A. That because of exceptional conditions applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of this title is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zoning district classification.
There are similar uses operating on properties both immediately adjacent to and within the vicinity of the project site along the Mission Street frontage that provide limited on-site parking. While the proposed use as a full service restaurant would increase the building’s parking requirement, staff and the applicant both feel that the community and the business itself would be better served by a full service restaurant. The issuance of the variance would therefore effectively place the subject building in parity with other buildings and uses within the neighborhood.
B. That the variance authorized does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and under identical zoning district classification.
Strict application of the parking regulations would deprive the subject property of the same privileges enjoyed by other properties within the vicinity in the same zoning district. The proposed use provides a benefit to the community, by promoting business along the Mission Street corridor. As a result, a variance is requested to allow the tenant improvement.
C. That in the coastal zone the variance authorized is consistent with the policies, maps and public access component of the local coastal plan.
The project site is not within the coastal zone.
Commissioner Villanueva asked if the restaurant owner planned to offer DoorDash or similar delivery service and if there was any wisdom in extending a green curb for parking to reduce the chance for double parking by such drivers. Suheil Shatara, representing the applicant, responded that the owner will expand to offer a delivery service of their own and likely use delivery services, but that an adjacent property owned by the same owner as the subject property would likely be used for this purpose. Vic Ojakian, the co-owner of the adjacent building and owner of the parking space spoken of by Mr. Shatara stated that the that parking space is not available for public use. Mr.
Ojakian asked that the Planning Commission deny the variance and request additional information. He indicated that there was confusion in the staff report about the number of patrons that would occupy the restaurant and questioned if the five parking spaces in the back would be available to the business in perpetuity. He furthermore stated that the eight on-street parking at street level would not be enough for the number of spaces needed and that three of the spaces are time-limited. He added that the proposal would inundate
City Council Agenda Report Page 3
Variance VARC-5-22-15680 – Parking Variance for Restaurant Use at 6540 Mission Street Page 3 of 4 the neighborhood with parking demand and that approving the variance would impact future business owners in an inequitable manner. Staff responded that the adjacent parking space mentioned by Mr. Shatara is not part of the available parking count identified in the staff report and that the only parking spaces that were considered were the shared spaces behind the building. Frederico Candido, one of the owners of Kings West Coast Pizzeria, stated that the five parking spaces in the rear of the restaurant are included in the business lease.
Edward Tequido [sp], a resident of Daly City, spoke in favor of the project and stated that he would hate to see a business like Kings West Coast Pizzeria unable to flourish because of parking, and hoped that the City could takes steps like other cities on the Peninsula have to figure out the parking situation. He added that the City should support small businesses that are putting their money and efforts on the line, that small businesses should not bear the burden of providing parking, and that it was incumbent in the City to help small businesses succeed.
Environmental Assessment
The Planning Commission has reviewed the proposal under the requirements of the California Environmental Quality Act (CEQA) and has determined that the project, as conditioned, is exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061 – Review for Exemption. There is no potential for environmental impacts caused by the project.
Findings
As conditioned, the proposed Variance VARC-5-22-15680 complies with Title 17 (Zoning) of the Daly City Municipal Code. Approval of the proposed Variance would not be detrimental to the health, safety, morals, comfort and general welfare of persons residing or working in the neighborhood. The proposed use will not be injurious or detrimental to the property and improvements in the neighborhood or the general welfare of the city. These findings are based on the following facts:
1. In accordance with Title 17 of the Daly City Municipal Code, as well as applicable State zoning enabling legislation, the City Council conducted a public hearing on October 24, 2022.
Legal public notice of said hearing was provided by newspaper publication on Thursday, October 13, 2022, posting and via first class mailing to property owners within 300 feet of the site.
2. The Planning Commission has reviewed the proposal under the requirements of the California Environmental Quality Act (CEQA) and has determined the project is exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061 – Review for Exemption. There is no potential for environmental impacts caused by the project.
3. The proposed project is consistent with Zoning Regulations Chapter 17.46, Variances, and State Government Code 65906.5 in that the proposed use with the applicable parking variance granted, will provide an incentive to the commercial development.
City Council Agenda Report Page 4
Variance VARC-5-22-15680 – Parking Variance for Restaurant Use at 6540 Mission Street Page 4 of 4
4. There are similar uses operating on properties both immediately adjacent to and within the vicinity of the project site along the Mission Street frontage that provide limited on-site parking. While the proposed use as a full service restaurant would increase the building’s parking requirement, staff and the applicant both feel that the project will increase the business opportunity along Mission Steet. The issuance of the variance would therefore effectively place the subject building in parity with other buildings and uses within the neighborhood.
5. The subject property is not being granted a special privilege in that other properties within the vicinity of the subject property have commercial and residential uses where similar site limitations exist and where no or reduced on-site parking is available due substantial building lot coverage and where public parking and transit proximity provides the parking opportunities to serve the uses in accordance with Daly City Zoning Regulations and State Law.
Conditions of Approval
The following conditions of approval shall apply to the use for the entirety of its existence.
1. A sign permit shall be required for the signage prior to installation. Review and approval by the Planning Division prior to sign permit issuance is required.
2. Variance is applicable to approved floor plan as attached and changes require additional Planning review and/or City Council review or both.
3. The Variance shall be valid for a period of one year from the date of City Council approval.
The approval shall terminate if a Building Permit has not been obtained and construction commenced within one-year of City Council approval of the project.
The Planning Commission recommends that the City Council take the following actions:
1. Adopt the Findings as outlined herein;
2. Affirm the project is exempt from the California Environmental Quality Act (CEQA) per Section 15061 – Review for Exemption; and
3. Approve Variance VARC-5-22-15680, subject to the Findings and Conditions outlined herein.
Respectfully submitted,
Brian Paland Tatum Mothershead
Assistant Planner Director of Economic and Community
Development
Attachments
Attachment A – Location Map
Attachment B – Project Plans
PROJECTTENANT IMPROVEMENTADDRESS6540 MISSION STREETDALY CITY, CAAPN: 003131170 BUILDING 07-26-2021BUILDING 09-16-2021BUILDING 12-10-2021PLANNING 03-08-2022 A0.0SHEET DESCRIPTIONCOVER SHEETSYMBOLSABBREVIATIONS
GENERAL NOTESVICINITY MAPDRAWING INDEXSCOPE OF WORKDRAWINGS AND SPECIFICATIONS, ASINSTRUMENTS OF PROFESSIONAL SERVICE,ARE AND SHALL REMAIN THE PROPERTY OFTHE ARCHITECT.THESE DOCUMENTS ARE NOT TO BE USED,IN WHOLE OR IN PART, FOR ANY PROJECTSOR PURPOSES WHATSOEVER, WITHOUT THEPRIOR SPECIFIC WRITTEN AUTHORIZATIONOF SHATARA ARCHITECTURE INC ARCHITECTURESHATARA890 7TH ST.SAN FRANCISCOCA 94107TEL (415) [email protected].
No.C24700REN 10/31/23
ARCHITECTSHATARA ARCHITECTURE INC.890 7TH STREETSAN FRANCISCO, CA 94107TEL: 415-512-7566CONTACT: SUHEIL SHATARAPROJECT DIRECTORY
CODE CYCLE
BUILDING INFODEFERRED SUBMITTAL
PROJECTTENANT IMPROVEMENTADDRESS6540 MISSION STREETDALY CITY, CAAPN: 003131170 BUILDING 07-26-2021BUILDING 09-16-2021BUILDING 12-10-2021PLANNING 03-08-2022TYP. ACCESSIBLE SINKSCALE: 1/4"=1'-0" TOILET RM. DOOR SIGNAGESCALE 1 1/2" = 1'-0"
ACCESSIBLE TOILETSSCALE 1/4" = 1'-0"
ACCESSIBLE COUNTERSCALE: 1/4"=1'-0"
LEVEL MANEUVER'G CLR. @ DR.SCALE 1/4" = 1'-0"TYP. DOOR MOUNTING HEIGHTSSCALE 1/4" = 1'-0"THRESHOLDSCALE 1" = 1'-0"1234 510628" MINTO 34" MAX25" MAX REACH19"KNEECLEARANCE27" MIN -29" PREF.
ADA DOOR REQUIREMENTSCALE: 1/4"=1'-0"7TYPICAL REACH DIMENSIONS11ACCESSIBLE RETAIL COUNTERSCALE: 1/4"=1'-0"12STAIR HANDRAILSCALE 3" = 1'-0"8 9TITLE 1A0.1SHEET DESCRIPTIONDISABLEDACCESSGUIDELINES DRAWINGS AND SPECIFICATIONS, ASINSTRUMENTS OF PROFESSIONAL SERVICE,ARE AND SHALL REMAIN THE PROPERTY OFTHE ARCHITECT.THESE DOCUMENTS ARE NOT TO BE USED,IN WHOLE OR IN PART, FOR ANY PROJECTSOR PURPOSES WHATSOEVER, WITHOUT THEPRIOR SPECIFIC WRITTEN AUTHORIZATIONOF SHATARA ARCHITECTURE INC ARCHITECTURESHATARA890 7TH ST.SAN FRANCISCOCA 94107TEL (415) [email protected].
No.C24700REN 10/31/23
ARCHITECTSHATARA ARCHITECTURE INC.890 7TH STREETSAN FRANCISCO, CA 94107TEL: 415-512-7566CONTACT: SUHEIL SHATARAPROJECT DIRECTORY
PROJECTTENANT IMPROVEMENTADDRESS6540 MISSION STREETDALY CITY, CAAPN: 003131170 BUILDING 07-26-2021BUILDING 09-16-2021BUILDING 12-10-2021PLANNING 03-08-2022 A0.2
DRAWINGS AND SPECIFICATIONS, ASINSTRUMENTS OF PROFESSIONAL SERVICE,ARE AND SHALL REMAIN THE PROPERTY OFTHE ARCHITECT.THESE DOCUMENTS ARE NOT TO BE USED,IN WHOLE OR IN PART, FOR ANY PROJECTSOR PURPOSES WHATSOEVER, WITHOUT THEPRIOR SPECIFIC WRITTEN AUTHORIZATIONOF SHATARA ARCHITECTURE INC ARCHITECTURESHATARA890 7TH ST.SAN FRANCISCOCA 94107TEL (415) [email protected].
No.C24700REN 10/31/23
ARCHITECTSHATARA ARCHITECTURE INC.890 7TH STREETSAN FRANCISCO, CA 94107TEL: 415-512-7566CONTACT: SUHEIL SHATARAPROJECT DIRECTORY
SHEET DESCRIPTIONACCESSIBILITYREQUIREMENTS
1SCALE : 1/2"=1'-0"ENLARGED ACCESSIBLE TOILET PLAN2SCALE : 1/2"=1'-0"TOILET ELEVATIONS 5SCALE : 3"=1'-0"ISA DECAL (TACTILITY NOT REQUIRED3SCALE : 3"=1'-0""EXIT" SIGN4SCALE : 3"=1'-0"DIRECTIONAL SIGNAGE
MISSION ST
THETA AVE
ADJ. BLDG6548 MISSION
25.61'
25.00'166.04'160.48'6548 MISSIONSCOPE OF WORK:
25.00'123.33'123.33'
PARKING AREA FOR THE USEOF BOTH PROPERTIESPLPL PLPLPLPL
PLPLPATH OF EGRESS TO PUBLIC RIGHT OF WAY
PATH OF EGRESS TO PUBLIC RIGHT OF WAYPATH OF EGRESS TOPUBLIC RIGHT OF WAY PROJECTTENANT IMPROVEMENTADDRESS6540 MISSION STREETDALY CITY, CAAPN: 003131170 BUILDING 07-26-2021BUILDING 09-16-2021BUILDING 12-10-2021PLANNING 03-08-2022 A1.0SHEET DESCRIPTIONEXISTING /PROPOSED SITEPLANS
DRAWINGS AND SPECIFICATIONS, ASINSTRUMENTS OF PROFESSIONAL SERVICE,ARE AND SHALL REMAIN THE PROPERTY OFTHE ARCHITECT.THESE DOCUMENTS ARE NOT TO BE USED,IN WHOLE OR IN PART, FOR ANY PROJECTSOR PURPOSES WHATSOEVER, WITHOUT THEPRIOR SPECIFIC WRITTEN AUTHORIZATIONOF SHATARA ARCHITECTURE INC ARCHITECTURESHATARA890 7TH ST.SAN FRANCISCOCA 94107TEL (415) [email protected].
No.C24700REN 10/31/23
ARCHITECTSHATARA ARCHITECTURE INC.890 7TH STREETSAN FRANCISCO, CA 94107TEL: 415-512-7566CONTACT: SUHEIL SHATARAPROJECT DIRECTORY 1SCALE : 1/8"=1'-0"EXISTING & PROPOSED SITE PLAN -NO CHANGE N
NOTE: HATCHED LOTS OWNED BY THE SAME OWNERWORK SCOPE
6540 MISSION STREETDALY CITY, CA
PLPLPLPL
B - OCCUPANCY@ PREP AREASM - OCCUPANCY@ RETAIL AREA 2M - OCCUPANCY@ RETAIL AREA 1B - OCCUPANCY@ DINING AREA
LEGENDSHEET NOTESDETAILS SHEET NOTES
BATHROOM51 SQ.FT.RETAIL AREA 2111 SQ.FT / 60 = 2 OCCUP.SERVICE AREA263 SQ.FT / 2OO= 2 OCCUP.FOOD PREP AREA310 SQ.FT / 200 = 2 OCCUP.CIRCULATION190 SQ. FT.TOTAL LOAD: 49 OCCUPANTSDINING AREA576 SQ.FT. / 15 = 39 OCCUP.RETAIL AREA 1141 SQ.FT / 60 = 3 OCCUP.OCCUPANCY LOAD (PER CBC 1004.5)TOTAL OCCUPANCY LOAD = 49EXITING REQUIREMENTS6540 MISSION STREETDALY CITY, CA
PLPLPLPL
B - OCCUPANCY@ PREP AREASM - OCCUPANCY@ RETAIL AREA
PROJECTTENANT IMPROVEMENTADDRESS6540 MISSION STREETDALY CITY, CAAPN: 003131170 BUILDING 07-26-2021BUILDING 09-16-2021BUILDING 12-10-2021PLANNING 03-08-2022 DRAWINGS AND SPECIFICATIONS, ASINSTRUMENTS OF PROFESSIONAL SERVICE,ARE AND SHALL REMAIN THE PROPERTY OFTHE ARCHITECT.THESE DOCUMENTS ARE NOT TO BE USED,IN WHOLE OR IN PART, FOR ANY PROJECTSOR PURPOSES WHATSOEVER, WITHOUT THEPRIOR SPECIFIC WRITTEN AUTHORIZATIONOF SHATARA ARCHITECTURE INC ARCHITECTURESHATARA890 7TH ST.SAN FRANCISCOCA 94107TEL (415) [email protected].
No.C24700REN 10/31/23
ARCHITECTSHATARA ARCHITECTURE INC.890 7TH STREETSAN FRANCISCO, CA 94107TEL: 415-512-7566CONTACT: SUHEIL SHATARAPROJECT DIRECTORY2SCALE : 1/4"=1'-0"PROPOSED FIRST FLOOR PLAN A2.0
SHEET DESCRIPTIONAS-APPROVEDAND PROPOSEDPLANN
1SCALE : 1/4"=1'-0"AS-APPROVED FIRST FLOOR PLAN
3SCALE : 1/8"=1'-0"OCCUPANT LOAD CALCULATION
City Council Meeting Agenda ReportItem # _____
Meeting Date: October 24, 2022
Subject: APPEAL OF ADMINISTRATIVE USE PERMIT AUP-5-22-15728 AT&T Wireless Facility Use Permit Renewal and Modification, 1000 Crocker Avenue, Daly City (APN 004-450-130)
Recommended Action
Deny the appeal request and uphold the Planning Division approval of Administrative Use Permit AUP-5-22-15728 subject to the findings identified in this staff report.
Background
On July 13, 2022, the Planning Division approved Administrative Use Permit AUP-5-22-15728, authorizing modifications to an existing AT&T wireless facility on the Pointe Pacific property located at 1000 Crocker Avenue (see Attachment A – Site Location and Attachment B – AUP Approval Letter). The modification at issue is the removal of the site’s existing 11-foot antenna pole with four panel antennas and installing four updated antennas on a new pole located six feet to the west (see Attachment C – Project Plans). According to the applicant, the reason for the upgrade is to provide upgraded coverage for the area.
On July 20, 2022, Kun Lau, the appellant and resident at 1009 Crocker Avenue, filed a timely appeal of the approval of Administrative Use Permit AUP-5-22-15728 (see Attachment D – Appeal Letter).
Under Daly City Municipal Code (DCMC) Section 17.49.050, the City Council is required to conduct a public hearing within ninety (90) days of the filing of an appeal of an administrative use permit.
This report addresses the appeal and provides recommendations for action on the appeal.
Discussion
According to the appellant’s letter, the basis for her appeal is concern about radiofrequency emissions and the exposure of nearby residents to radiation associated with wireless facilities. The appellant states in her letter that nearby two- and three-story homes would be negatively affected by the facility’s transmissions.
As part of the application, the applicant provided a Radiofrequency Emissions Compliance Report that was found acceptable to staff and formed the basis for staff’s approval of AUP-5-22-15728 (see Attachment E – RF-EME Compliance Report prepared by EBI Consulting, March 2022). According to the report, predictive modeling was used to estimate the worst-case power density from the proposed antennas to document potential Maximum Permissible Exposure (MPE) levels associated with the proposed modifications and there were no modeled exposures on any accessible ground walking/working surface related to the proposed antennas that exceed the FCC’s occupational and/or general public exposure limits at the subject site.
Staff has found that the report meets the requirement that the wireless telecommunication facility will not generate radiofrequency emissions more than the standards for permissible human exposure adopted by the Federal Communications Commission (FCC).
City Council Agenda Report October 24, 2022
Appeal of AUP-5-22-15728 – AT&T Wireless Facility Renewal and Modification Page 2 of 4 Environmental Assessment
Pursuant to the requirements of the California Environmental Quality Act (CEQA), the wireless facility modifications are eligible for Categorical Exemption Section 15302 (Replacement or Reconstruction).
Findings
In its approval of Administrative Use Permit AUP-5-22-15728, staff found that as conditioned, the project would be implemented in accordance with Daly City Municipal Code Section 17.39 – Wireless Communications Facilities. As identified in Attachment B, the Planning Division made specific findings to this affect when it approved the wireless facility modifications. Staff now recommends that the City Council deny the appeal, uphold the Planning Division approval of Administrative Use Permit AUP-5-22-15728, and make the following findings in doing so:
1. On July 13, 2022, the Planning Division approved Administrative Use Permit AUP-5-22- 15728, authorizing modifications to an existing AT&T wireless facility on the Pointe Pacific property located at 1000 Crocker Avenue. On July 20, 2022, Kun Lau, the appellant and resident at 1009 Crocker Avenue, filed a timely appeal of the approval of Administrative Use Permit AUP-5-22-15728.
2. In accordance with Title 17 of the Daly City Municipal Code, as well as applicable State zoning enabling legislation, the City Council conducted a public hearing to consider the merits of the appeal on October 24, 2022; notice of said hearing was by newspaper publication, and posting and first class mailing to property owners within 300 feet of the site, on October 13, 2022.
3. At the public hearing, the Planning Division presented a staff report to the City Council, to which was attached was the written basis for the appeal provided by the appellant and to which was attached was a Radiofrequency Emissions Compliance Report submitted with the application. According to the report, predictive modeling was used to estimate the worst-case power density from the proposed antennas to document potential Maximum Permissible Exposure (MPE) levels associated with the proposed modifications and there were no modeled exposures on any accessible ground walking/working surface related to the proposed antennas that exceed the FCC’s occupational and/or general public exposure limits at the subject site. This Radiofrequency Emissions Compliance Report was found acceptable to the Planning Division and formed the basis for its approval of AUP-5-22-15728.
4. There is no evidence in the public record that scientifically refutes the findings provided in the Radiofrequency Emissions Compliance Report prepared by EBI Consulting (March 25, 2022) for the proposed facility modifications.
5. Furthermore, the project, which includes removing an existing 11-foot antenna pole with four panel antennas and installing four updated antennas on a new pole located six feet to the west, conforms to all standards, requirements and conditions as defined in Daly City Municipal Code Section 17.39 – Wireless Communications Facilities.
City Council Agenda Report October 24, 2022
Appeal of AUP-5-22-15728 – AT&T Wireless Facility Renewal and Modification Page 3 of 4 a) The replacement of the facility does not interfere with views of the streetscape, natural vegetation, and scenery. Although the proposed facility will be visible from public view, the design will conceal the attached equipment and overall blend in with surrounding vegetation. As conditioned, the antenna pole will be painted to match the colors of the existing surrounding vegetation.
b) The siting of the facility is compatible in scale and design with the subject site in the specific location proposed. The proposed design, height, and location ensure the siting of the facility is compatible with the subject site.
c) The subject facility will match the colors of existing vegetation on the subject site and be located adjacent to several existing trees. The fence enclosing the adjacent equipment area that will service the facility must also be painted a complementary color.
As proposed and conditioned, the proposed facility will minimize adverse visual impacts on natural resources, neighborhoods, vistas, view corridors, architecture, and structure.
d) As conditioned, the subject facility and existing equipment enclosure will integrate with the scale and character of the subject property and be as unobtrusive as possible by matching the characteristics of the existing vegetation. e) The facility will be visible from the public right-of-way. However, the design will conceal the facility and therefore will not present a significant adverse visual impact.
6. The proposed wireless facility modifications, as currently designed and conditioned, will not, under the circumstances of this particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood or be injurious in the neighborhood or to the general welfare of the city. The modification design and location are consistent with City Code.
7. Pursuant to DCMC Chapter 17.39, the electromagnetic frequency (EMF) report meets the requirement that the wireless telecommunication facility will not generate EMF radiation in excess of the standards for permissible human exposure to EMF as adopted by the Federal Communications Commission (FCC).
8. The wireless facility modifications are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15302, Replacement or Reconstruction.
Recommendations
Staff recommends that the City Council:
1. Adopt the recommendation to deny the appeal;
2. Affirm the Environmental Assessment;
3. Uphold the Planning Division approval of Administrative Use Permit AUP-5-22-15728, subject to the Findings identified in this staff report.
City Council Agenda Report October 24, 2022
Appeal of AUP-5-22-15728 – AT&T Wireless Facility Renewal and Modification Page 4 of 4 Respectfully submitted,
Brian Paland Tatum Mothershead
Assistant Planner Director of Economic and Community
Development
Attachments
Attachment A – Location Map
Attachment B – AUP Approval Letter
Attachment C – Project Plans
Attachment D – Appeal Letter
Attachment E – RF-EME Compliance Report prepared by EBI Consulting, March 2022
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