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 majori ty 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, December 11, 2023 - 7:00 PM
City Hall Council Chambers – 2nd Floor
City Hall 333 – 90th Street
Daly City, CA 94015
To watch the live telecast:
https://www.youtube.com/DalyCityVideoMeetings, https://www.dalycity.org/agendas, or Comcast Channel 27
Public Participation:
There are three ways to submit public comments: (1) submit written comments by meeting day, (2) submit written comments during the meeting, and (3) attend the meeting in person.
1. To submit written comments by meeting day, please email [email protected] and include “Public Comment” in the subject line. All written comments received by 4:00 pm on meeting day will be provided to the City Council prior to the meeting.
Please note: Any emailed comments received after 4:00 p.m. on the meeting date are not guaranteed to be received by the City Council prior to the meeting. Comments are not read aloud into the record.
2. During the meeting, you may visit www.dalycity.org/agendas to submit comments using the
Public Comment form to address the City Council on a specific item, or during the public comment period, and such comments are delivered to the City Council and City Staff during the meeting, and may be read into the record at the time they are received.
3. To speak at the meeting in person, please complete a Speaker Card located at the entrance to the Council Chamber and submit it to a Staff Member as early in the meeting as possible.
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 (650) 991-8078 as soon as possible.
CALL TO ORDER:
PLEDGE TO THE FLAG:
ROLL CALL:
Agenda – City Council
Monday, December 11, 2023
APPROVAL OF MINUTES:
1. Regular Meeting of November 27, 2023
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:
2. Authorize Execution for a Data Aggregation Platform Agreement for the Police Department Utilizing Approved BSCC Retail Theft Grant Funds
3. Set Time and Place for a Public Hearing to Consider General Plan Amendment GPA-04-21- 14998, Planned Development PD-04-21-14997, Major Subdivision SUB-04-21-14999, and Design Review DR-04-21-15000 – Serramonte Del Rey Campus Redevelopment Set Hearing 1/22/24
END OF CONSENT AGENDA
PUBLIC HEARINGS:
4. Public Hearing on Community Development and Housing Needs
STAFF: Lenelle Suliguin
RECOMMENDATION: Open/Close Hearing
Adopt Resolution by Roll Call Vote
Agenda – City Council
Monday, December 11, 2023
COMMUNICATIONS:
5. Authorize City Manager to Execute an Agreement with Magical Bridge Foundation for a Magical Bridge Playground at Hillside Park
STAFF: Leilani Ramos
RECOMMENDATION: Council Determination
6. Finding of Public Convenience and Necessity PCN-11-23-16429 to Sell Alcoholic Beverages for Off-Site Consumption at Vira Market at 6189 Mission Street
STAFF: Brian Paland, Tatum Mothershead
RECOMMENDATION: Council Determination
ORDINANCES:
7. Second Reading, Ordinance No. 1469, Adding Chapter 17.58 to the Daly City Municipal Code Re: Commericial-Mixed Use (C-MU) District to Rezone Certain Parcels on Mission Street and Geneva to Commercial Mixed Use and Amending the Zoning Map
STAFF: Rose Zimmerman,
RECOMMENDATION: Adopt Ordinance by Roll Call Vote
APPOINTMENTS: Board/Commission Membership Committee Appointments
REPORTS:
8. Council Committee
9. City Council
10. Staff
ADJOURNMENT:
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
NOVEMBER 27, 2023
--------------------------------
Note on Public Comments:
To provide public comments, members of the public have the option to- 1) attend in person, 2) email the City Clerk, or 3) submit comments through the public comment portal on the City’s website. Persons with disabilities who require auxiliary aids or services in attending or participating in this meeting are instructed to call the office of the City Clerk at 991-8078 prior to the meeting.
Visit https://www.youtube.com/@DalyCityVideoMeetings/streams to view the City Council meetings
The regular meeting was called to order by Mayor Buenaventura at 7:00 P.M.
ROLL CALL: Councilmembers Present:
Raymond A. Buenaventura, Mayor
Juslyn C. Manalo, Vice Mayor
Roderick Daus-Magbual
Pamela DiGiovanni
Glenn R. Sylvester
Staff Present:
Thomas J. Piccolotti, City Manager
Rose L. Zimmerman, City Attorney
K. Annette Hipona, City Clerk
PRESENTATIONS:
DCPLA Grant to the Daly City Public Library
(Trisha deVera, Board Vice President, Daly City Public Library Associates)
APPROVAL OF MINUTES:
Regular Meeting of November 13, 2023
It was moved by Vice Mayor Manalo, seconded by Councilmember DiGiovanni and carried to approve the minutes of November 13, 2023, as amended.
APPROVAL OF AGENDA:
It was moved by Vice Mayor Manalo, seconded by Councilmember Daus-Magbual and carried to approve the agenda.
PUBLIC APPEARANCES/ORAL COMMUNICATIONS:
Johnathan Jeremia, Norcal Carpenters Field Representative, supported the benefits of having area labor standards which include healthcare, apprenticeship and local hire. Jeremia urged these standards to be implemented for any job that involves construction in Daly City.
CONSENT AGENDA:
It was moved by Vice Mayor Manalo, seconded by Councilmember Sylvester and carried to approve the consent agenda with the exception of items # 3 and 5 which were pulled for further discussion.
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
NOVEMBER 27, 2023
2 Resolutions:
Request Use of Federal Asset Forfeiture Funds (DEA) to Purchase TruNarc Handheld Narcotics Analyzers for the Daly City Police Department
Acting Chief Cameron Christensen provided the staff report for the subject purchase request which will not exceed $63,000. Christensen addressed questions on the synthetic opioid known as fentanyl, risks in handling the narcotic, what other narcotics can be detected by the device, the benefits of TruNarc devices, and the fiscal impact.
It was moved by Vice Mayor Manalo , seconded by Councilmember DiGiovanni and carried by voice vote to adopt the following resolution:
Resolution 23- 181, Authorizing Use Of Federal Asset Forfeiture (DEA) Funds To Purchase TruNarc Handheld Narcotics Analyzers
Accept and Appropriate a $5,220 Grant from the Daly City Public Library Associates
Resolution 23- 182, Accepting And Appropriating Grant From The Daly City Public Library Associates
Reallocate the California Department of Parks and Recreation Specified Grant from the Margate Park Improvements Project to the Hillside Park Improvements Project
Director of Public Works Richard Chiu provided the staff report to reallocate the remaining funds totaling $3,906,751 from the California Dept. of Parks and Recreation specified grant originally for Margate Park improvements to Hillside Park improvements. Vice Mayor Manalo noted there will be an assessment to look at having Hillside Park as a Magical Bridge Foundation park which ensures the park’s design is accessible to all childre n, and City Manager Piccolotti provided an update to an agreement for design services for the park.
It was moved by Vice Mayor Manalo, seconded by Councilmember Daus-Magbual and carried by voice vote to adopt the following resolution:
Resolution 23- 183, Authorizing Reallocation Of The California Department Of Parks And Recreation Specified Grant From The Margate Park Improvements Project To The Hillside Park Improvement Project
Final Acceptance of the Subdivision Improvements for Minor Subdivision SUB -6-19-14075 (489 Vista Grande Avenue)
Resolution 23- 184, Accepting Subdivision Improvements For Minor Subdivision ( SUB-6-19- 14075) For 489 Vista Grande Avenue
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
NOVEMBER 27, 2023
3 COMMUNICATIONS:
Mixed- Use Condominium Building at 2321 Geneva Avenue – Major Subdivision SUB-05-21- 015047, Use Permit UPR-05-21-015048, Design Review DR-05-21-015049, and Lot Merger LOT-05-21-015050
Mayor Buenaventura requested to take this item first on the regular agenda to accommodate public comments.
Nels DeLander, Norcal Carpenters Field Representative, spoke about the benefits of the proposed project on Geneva Avenue and questioned whether the workers for the project will be afforded the labor standards of being paid a living wage, having healthcare, apprenticeships, and be hired locally. DeLander urged the City to protect its workforce and community from mistreatments by using these standards.
Marjah Abubo, LIUNA Local 261 Representative, was interested in additional environmental review of the proposed project, noting the sensitive receptors along Geneva Avenue and considering issues of equitability and sustainability.
Director of Economic and Community Development Tatum Mothershead provided direction on the continuance process. Councilmember Sylvester requested the following information be available when the item is presented to the Council: the environmental impact report, how item #7 on the agenda will affect the proposed project, and whether community outreach is necessary.
It was moved by Mayor Buenaventura, seconded by Vice Mayor Manalo and carried by unanimous roll call vote to continue the item.
PUBLIC HEARINGS:
General Plan Amendment GPA -10-23-16407 and Zone Change ZC -10-23-16496 – Establishing C-MU Commercial Mixed-Use Zoning for Mission Street and Geneva Avenue
Director Mothershead provided background on the concept of developing a new C-MU zone in the subject corridors, the General Plan adopted in 2013, and the subsequent RHNA5 Housing Element in 2015.
Bruce Brubaker, Place Works Consultants, presented the C -MU proje ct overview including objectives, the project area, the current zoning, community engagement actions, case studies and findings, changes to the General Plan Land Use map, amendments to the Z oning Ordinance, environmental assessment (General Plan EIR), and objective design standards.
Mayor Buenaventura opened the public hearing.
Simon Tan, resident, supported adoption of the proposal noting the need for development along the corridor, the potential for more people to use public transit, the need for more central housing, compliance for the City, and the alignment with goals to make Mission Street a grand boulevard.
Director Mothershead and Bruce Brubaker addressed questions on the following - why the proposal took 10 years from the adoption of the General Plan , the cost for the consultant services, the potential for more development/construction as a result of the zone change, parking trends, current public transit options, benefits of decreasing traffic speeds along the corridor(s), the potential for having open space(s), types of incentives for owners, parcels’ current designations, C-MU restrictions potential parking lot locations,
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
NOVEMBER 27, 2023
4 parking requirements in relation to AB 2097, outreach to property owners regarding the zone change, and how many people attended the community engagement meeting(s).
It was moved by Vice Mayor Manalo, seconded by Councilmember DiGiovanni and carried to close the hearing.
It was moved by Vice Mayor Manalo, seconded by Councilmember DiGiovanni and carried for the City Attorney to read the ordinance by title only.
Ordinance 1469 , Adding Chapter 17.58 Commercial – Mixed Use (C-MU) District To The Daly City Municipal Code And Amending The Zoning Map – Rezoning Various Parcels Of Approximately 65 Acres Located On Mission Street And Geneva Avenue from C-1 Light Commercial to Commercial-Mixed Use (C-MU) (Parcels on Mission Street and Geneva Avenue identified in attached Exhibit “A”)
Vice Mayor Manalo introduced the Ordinance.
It was moved by Councilmember Sylvester, seconded by Councilmember Daus-Magbual and carried by unanimous roll call vote to adopt the following resolution:
Resolution 23-185, Amending The Daly City General Plan Future Land Use Map And BART Station Area Specific Plan Land Use Plan – Redesignating Various Parcels Located On Mission Street And Geneva Avenue To Commercial -Mixed Use (C -MU), And Establishing Objective Design Standards For New Construction on all Parcels Zoned Commercial Mixed -Use (C-MU) (Parcels on Mission Street and Geneva Avenue identified in attached Exhibit “A”)
AWARD OF BIDS/CONTRACTS:
Appropriate Funds and Award of Construction Contract for the Bayshore Community Center Generator Project
Assistant to the Director of Public Works Jeffrey Fornesi provided the staff report which recommended awarding the construction contract to SCC Electric Inc. for $245,000 for the subject project and appropriate $100,000 of unallocated General Fund. Fornesi and Chiu addressed the Council’s questions.
It was moved by Vice Mayor Manalo, seconded by Councilmember Daus-Magbual and carried by unanimous roll call vote to adopt the following resolution:
Resolution 23-186, Authorizing Execution Of Construction Contract With SCC Electric, Inc. For The Bayshore Community Center Generator Project
APPOINTMENTS:
It was moved by Mayor Buenaventura, seconded by Vice Mayor Manalo and carried by voice vote to appoint Tony Bayudan to the Personnel Board.
REPORTS:
Council Committee
Peninsula Clean Energy (PCE) (Daus-Magbual)
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
NOVEMBER 27, 2023
5 City Council
Councilmember DiGiovanni attended the following events: the Taste of the Top of the Hill event at John Daly Library, acknowledging Director of Library Services Chela Anderson, City Manager Piccolotti, Vice Mayor Manalo, Arts & Culture Commissioner Rodriguez, and the local restaurants; and the 153rd anniversary of the Crocker Amazon Lodge, thanking Acting Chief Christensen. DiGiovanni noted the libraries in South San Francisco and acknowledged and thanked the libraries, the staff, the programs and the people of Daly City.
Vice Mayor Manalo attended the following events: the Age-Friendly Taskforce meeting to support older adults, acknowledging Perla Ibarrientos and City staff, and announcing a Daly City townhall for the Age-Friendly Action Plan on December 7th; the Taste of the Top of the Hill event, acknowledging Library staff Celina, local businesses Rose’s Alfajores, International Halal Greek Market, Via Mare, BART Grocery, and thanking Cal Humanities and staff for their efforts; the 9th annual CALNET with the API Leadership Foundation Retreat, acknowledging participants Boston Mayor Wu, Cincinnati Mayor Pureval, Assemblymember Phil Ting, Attorney General Rob Bonta, and the elected and appointed API leaders in California; BAWSCA’s 20th anniversary with City Manager Piccolotti, who served the board for 20 years, and Assemblywoman Papan; the 153rd anniversary of the Crocker Amazon Lodge at the Top of the Hill; and Kapwa Kultural Center’s first in-person community walk which started at Shift Chiropractic (Westlake) and ended at Lake Merced, which was attended by over 100 people to support wellness and well-being on Thanksgiving Day. Manalo acknowledged the City’s vision in looking at the feasibility of a modern design in the Westlake area in the future and noting that Daly City is a bedroom community.
Councilmember Sylvester attended the following events: the Council of Cities meeting at the new South San Francisco building, noting its great architecture, and hoped to see a similar development in Daly City such as the Westlake/Doelger area; and the Love and Care Foundation event at Chinatown, where 600 red envelopes with money were distributed to those who are less fortunate, along with Senator Wiener, State Treasurer Ma and Millbrae Councilmember Fung on Thanksgiving Day.
Staff
City Manager Piccolotti provided an update on plans to revitalize Doelger Center and its surrounding parcels along with a potential community center. Piccolotti thanked Daisy from Moonstar for providing meals to firefighters who were working on Thanksgiving Day.
ADJOURNMENT:
Mayor Buenaventura adjourned the meeting at 9:07 PM in memory of Don Horsley, Fabian G.
Gagaza, Chun Leung Chow, and the more than 1300 Palestinian people killed in Gaza.
Approved as submitted, this 11th
City Clerk
day of December , 2023.
Raymond A. Buenaventura
Mayor
City Council Meeting Agenda ReportItem # _____
Meeting Date: December 11, 2023
Subject: Authorize Execution for a Data Aggregation Platform Agreement for the Police Department Utilizing Approved BSCC Retail Theft Grant Funds Recommended Action
Staff recommends Council authorize the City Manager or designee to execute an agreement with a data aggregation platform in alignment with and using California Board of State and Community Corrections (BSCC) Organized Retail Theft Grant funds.
Background
On September 25, 2023, Council appropriated $8,033,830 in grant funds from the BSCC for the Police Department to address organized retail theft (ORT). A data aggregation solution for enhancing investigative and collaborative efforts was an identified item within the grant.
Discussion
The Daly City Police Department, in conjunction with the San Bruno and San Mateo Police Departments, received the BSCC grant to address ORT given our shared challenges with our large retail centers. Data aggregation supports collaborative enforcement, while also increasing investigative efficiencies by streamlining access to existing agency data. Data aggregation was a component of our grant request, and technology company C3ai was identified in the grant application as our solution. Additional county agencies participating in related BSCC grants are planning to partner with the same vendor for their data aggregation, ensuring efficient, secure, and controlled data sharing amongst participating agencies.
The ingested data is client-hosted in a law enforcement CJIS complaint GovCloud environment.
C3ai also has a multitude of features that are determined to support sole-source procurement, including entity resolution, no-code data reporting used to satisfy required reporting for the grant, and it already contains and will provide access to San Mateo County Law Enforcement data.
Fiscal Impact
Funding was appropriated and approved in the BSCC Organized Retail Theft Grant for the purchase of the C3ai data aggregation platform in the amount of $2,518,000. This will cover the entirety of the 3-year grant for all three participating agencies, with the Daly City Police Department as the lead agency.
Summary/Conclusion
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Cameron Christensen
Acting Chief of Police
Attachment: Draft – Daly City & C3 ORT Grant Contract
Order Form Confidential
1 ORDER FORM
THIS ORDER FORM (this “Order Form”) is made and entered into as of the Effective Date below between Daly City Police Department (“Customer”) and C3.ai, Inc. (“C3 AI ”). This Order Form is subject to the terms of the Master Agreement between C3 AI and Customer effective January 30, 2023 and incorporated herein by reference (the “ Master Agreement”). C3 AI and Customer may also be referred to herein each as a “ Party” and collectively as the “ Parties.” The capitalized terms used, but not defined, in this Order Form have the meanings set forth in the Master Agreement and the Product-Specific Terms referenced therein.
1. Commercial Terms
1.1. Effective Date: xxxx, 202x (“Effective Date”)
1.2. C3 AI Subscription Term: Three (3) years commencing on the Effective Date and then optional annual renewals consistent with Table 2 not to exceed eight (years) from the Effective Date.
1.3. Deployment Infrastructure: Customer AWS Government Cloud Environment
2. Expansion Fee:
Table 1: C3 AI Subscription Fees*
C3 AI Services Year 1 Year 2 Year 3
C3 AI Law Enforcement
Subscription Fees1,2
Access for three In-Scope
Police Departments
$400,000 $400,000 $400,000
C3 AI Ex Machina
Subscription Fees $40,000 $40,000 $40,000
C3 AI Advisory Services
Resources Fees2 $1,180,000 N/A N/A
Number of Advisory
Services FTE Resources 2.3 N/A N/A
C3 AI Prioritized
Engineering Services
Fees3
Included N/A N/A
Total Annual Fees $1,620,000 $440,000 $440,000
Total 3-Year Fees $2,500,000
*This Order Form is for the deployment of C3 AI Law Enforcement and C3 AI Ex-Machina applications to the San Bruno, San Mateo, and Daly City Police Departments (“In-Scope Police Departments”).
Order Form Confidential
2 1All pricing excludes AWS Government Cloud Hosting Fees. 2C3 AI Advisory Services see Exhibit A.
3C3 AI Prioritized Engineering Services see Exhibit B.
3. Fees and Payment Terms
A. C3 AI Subscription Fees
i. Total Fee: The Total Fee is $2,500,000 and is an irrevocable, nonrefundable commitment on the Effective Date.
The Total Fee will be invoiced as follows: (i) $ 1,250,000 on the Effective Date and (ii) $1,250,000 upon the completion of the onboarding of the In-Scope Police Departments. ii. C3 AI Monthly Subscription : C3 AI Ex Machina Subscription includes up to 105,000 vCPU hours per year for Daly City Police Department to support BSCC’s ORT grant reporting requirements . Additional usage will be charged at $0.39 per vCPU hour and will be invoiced monthly in arrears. iii. Renewals. After the initial three -year term, each In-Scope Police Department may renew on an annual basis the C3 AI Law Enforcement application subscription for the annual price set forth in Table 2. The renewal becomes an irrevocable, nonrefundable commitment on the effective date of the renewal Order.
B. Payment Terms. Invoiced charges under this Order are due net 30 days from the invoice date.
4. Additional Terms
A. Terms and Conditions. This Order is subject to (i) the terms of the Agreement; (ii) the execution of this Order no later than December 31, 2023, and C3 AI Installation Guides available at https://c3.ai/legal incorporated herein by reference.
B. Advisory Services. “Advisory Services” means those services C3 AI provides to the In-Scope Police Departments in accordance with the C3 AI Advisory Services description attached hereto as Exhibit A.
C. Prioritized Engineering Services. “Prioritized Engineering Services” means those services C3 AI provides to the In-Scope Police Departments in accordance with the Prioritized Engineering Services description attached hereto as Exhibit B.
D. Users. For purposes of this Order, Users shall mean the end-user employees of the San Bruno, San Mateo, and Daly City Police Departments. C3 AI Law Enforcement Subscription includes access not to exceed 480 end - users in total for the In-Scope Police Departments. Additional users will be charged at $100 per user per month.
E. Environment. Within 72 hours of the Effective Date, C3 AI will provide a URL to permit Customer access to the C3 AI Application in Customer‘s Hosting Services provider account (“Customer Hosting Services Account”). The C3 AI Subscription will be deemed accepted upon C3 AI’s transmittal of the URL to Customer. Customer will comply with all set forth in the C3 AI Operational Controls description at www.c3.ai/legal. C3 AI’s obligations under this Order Form are contingent upon Customer’s compliance with the foregoing obligations.
F. CJIS Security Policy. C3 AI shall comply with the CJIS Policy at https://le.fbi.gov/file- repository/cjis_security_policy_v5-9-2_20221207-1.pdf/view.
G. Equal Employment Opportunity. C3 AI shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement. C3 AI’s equal employment policies shall be made available to the In-Scope Police Departments upon request.
H. Books and Records. Upon advanced notice from the Customer, C3 AI shall allow BSCC, the Federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representative, access to any books, documents, papers and records of the contractor which are directly pertinent to the C3 AI Services for the purpose of making audits, examinations, excerpts and transcriptions .
I. Third-Party Data Sources. The In-Scope Police Departments shall be responsible for obtaining the right for C3 AI to access and use the Third-Party Data sources necessary for the performance of this Order Form.
J. Reimbursement of Expenses: Customer shall reimburse C3 AI at cost plus 15% for any reasonable and necessary expenses for travel and lodging incurred by C3 AI during the provision of C3 AI Services to Customer.
Order Form Confidential
3 C3.ai, Inc. Daly City Police Department
By By
Name Derron Blakely Name Cameron Christensen
Title General Counsel Title Chief of Police
Date Date
C3 AI Confidential 4
Table 2: Renewal Pricing for C3 AI Law Enforcement
Agency Annual Renewal Fee
San Mateo Police Department $73,000
Daly City Police Department $62,000
San Bruno Police Department $40,000
C3 AI Confidential 5
Exhibit A – Advisory Services
C3 AI will provide advisory services by a team of C3 Advisory Services FTE resources to provide assistance and guidance pertaining to C3 Applications, including tuning and/or updating the C3 AI Application data science models. “C3 AI Advisory Services FTE ” means a full -time equivalent professional resource for up to 2000 person hours per annum. The C3 AI Advisory Services team may be located in Redwood City, CA or other C3 AI US locations, at C3 AI’s discretion.
1. C3 AI Advisory Services Resources.
C3 AI will staff the C3 AI Advisory Services purchased under the Order Form with the number of C3 AI Advisory Services FTE resource(s) specified in the applicable Order Form, on a fixed-fee annualized basis during each year of the Subscription Term. The type of C3 AI Advisory Services FTE resource may change depending on the stage of C3 AI Advisory Services engagement. Any C3 AI Advisory Services FTE hours over the number specified in the herein are subject to additional fees. Additional C3 AI Advisory Services F TEs hours over the number specified in the Order requires execution of an additional order.
2. Data Science Model Tuning and Updates
C3 AI Advisory Services FTEs will periodically tune and/or update the C3 AI Application data science model. The trigger for the tuning and/or update will be jointly decided with the County during the project implementation.
3. Project Governance and Limitations.
a. C3 AI and In-Scope Police Departments will each designate an executive sponsor to manage the relationship under the Order Form. C3 AI and In-Scope Police Departments will ensure that the appropriate representatives from each party (the “Executive Leadership Committee”) participate in quarterly In-Scope Police Department product road map and projec t review meetings . A quarterly executive status report will be created by C3 AI Advisory Services project leads and shared at the quarterly meeting.
b. Formal C3 Advisory Services project reviews will be conducted monthly by the In-Scope Police Departments and C3 AI team leadership.
c. The Parties agree the C3 AI Advisory Services FTE hours will be distributed reasonably evenly over the annual C3 AI Advisory Services Subscription Term unless a specific project plan has been agreed requiring a different distribution of resources.
d. The following professional services are outside of the scope of the services provided in the C3 AI Advisory Services: post -launch enhancements, customizations, and implementation services. For clarification, Advisory Services includes delivering the objectives in Section 4 below, including configuring feature enhancements (see 4.d).
4. C3 AI Advisory Services Initial Objectives
The Parties have designated an initial objective for the C3 AI Advisory Services F TEs. In-Scope Police Departments may change the overall objective of the C3 AI Advisory Services FTEs during the Subscription Term, in coordination with C3 AI and subject to the remaining available C3 AI Advisory Services FTE resources ordered in the Order Form. As of the Effective Date, the joint objectives are:
a. Historical and live integration of up to four (4) source systems from the San Mateo Police Department’s and San Bruno Police Department’s records management system, computer -aided dispatch system, and two (2) license plate reader systems. b. Historical and live integration of up to two (2) license plate reader systems from Daly City Police Department
C3 AI Confidential 6
c. Historical and live integration for an addi tional three (3) data sources from other law enforcement agencies or 3rd party vendors. Each PD, at their cost, is responsible for securing the necessary rights for C3 AI to access and use 3rd party data for this agreement d. Configuring up to eight (8) feat ure enhancements of C3 AI Law Enforcement , to be determined by the In-Scope Police Departments in alignment with C3 AI e. Configuring role-based access controls to enable cross-agency data sharing f. Full integration testing, quality assurance testing, performance testing, and User acceptance testing g. Onboarding and training of new end -users onto C3 AI Law Enforcement – up to five (5) in-person training sessions for each police department
Data Requirements
During the Deployment, C3 AI shall integrate historical data and setup live integrations with the following data sources. Historical data for each data source shall be up to 1TB. Should any data source not be available or provided through a separate agreement, C3 AI will substitute with another data source(s) or application enhancement(s) requiring similar level of effort to complete in agreement with the In-Scope Police Departments. In-Scope Police Departments are responsible for facilitating access to these data sources:
• Up to four (4) data sources from San Mateo and San Bruno Police Departments as listed in Table 3 • Up to two (2) data sources from Daly City Police Department, including the Flock and Axon Fleet license plate reader systems
• Up to three (3) data sources from other law enforcement agencies or 3 rd party vendors.
Table 3. Police Department’s In-Scope Data Sources*
Type of Data (System
Name) Description Expected Data format
Maximum Number
Included
Records Management
System (i.e., RIMS)
Police department’s information, records,
documents, or files pertaining to law
enforcement operations.
CSV 1
Computer Aided
Dispatch (i.e.,
Versaterm, RIMS)
Police department’s dispatch system data
for emergency response (e.g., 911 calls) CSV 1
License Plate Reader
(i.e., Flock, Vigilant,
Axon, Boss)
License plate reader data (note: subject to
availability of license) API or JSON 2
*Services to integrate an in-scope data source may be exchanged for equivalent services scope in alignment with C3 AI. Each In-Scope police department is responsible for providing C3 AI the right to access and use of 3rd Party Data at their cost. Exact data sources are to be confirmed during deployment.
Proposed Deployment Plan
C3 AI will begin with an initial setup of RIMS CAD and porting the data source into the C3 AI Law Enforcement data model, and then begin onboarding the In-Scope Police Departments.
Following agency onboarding, C3 AI will configure up to eight (8) feature enhancements to the C3 AI Law Enforcement Application, and integrate up to three (3) additional data sources, over the remaining twelve (12) month period.
C3 AI Confidential 7
As each law enforcement agency goes-live, C3 AI will also conduct up to five (5) end-user onboarding and training sessions.
The required C3 AI and law enforcement agency resources, roles, and responsibilities for the rollout are shown in Table 4 below.
Figure 1: Proposed Rollout Plan for C3 AI Law Enforcement
Table 4: Required C3 AI & Law Enforcement Agency Resources Team Role Responsibilities
C3 AI
Executive Sponsor Ensure overall project direction, unblock issues Project Manager
0.3 FTE Manages the day-to-day activities of Project team Solutions Engineer
1.6 FTE
Performs data integration, supports machine
learning, configures application user interface
Solution Architect
0.25 FTE
Performs data integration and ensures environment
readiness for application expansion
Law Enforcement
Agency / Police
Department
Executive Sponsor Ensure overall project direction, unblock issues Project Management
1 individual throughout the
project (4-8 hours per week)
Day-to-day project operations and co-ordination with
other resources and groups
IT/Systems Resource (1-2
hours per week during the
first 4 weeks)
Supports extraction of required data, and integration
to source systems
Subject Matter Expert
1-2 individuals (1-2 hours
per week during first 8
weeks)
Join and participate actively in weekly meetings to
provide required subject matter expertise and
feedback through the project
C3 AI Confidential 8
Exhibit B: Prioritized Engineering Services
C3 AI will provide prioritized engineering services to produce the three (3) features described in the table below in the C3 AI Law Enforcement Application (the “Prioritized Engineering Services”).
Prioritized Feature Feature Description
User Interface Optimizations
The C3 AI Law Enforcement component library will be updated with the newest visualizations that may be used for custom card lists, enhanced modals for previewing links, and clearer graphs for analysis.
Vehicle Detail Page
C3 AI Law Enforcement will support detail pages specific to vehicles. Each unique vehicle will receive a detail page that contains a summarized view of all connected cases, identities, citations, and license plate reader media.
Vehicle Detail Page
Connections
Following the creation of the Vehicle Detail page, link to this detail page across existing mentions of vehicles within Identity and Case Detail pages. Additionally, expand Investigations functionality to allow Vehicle additions.
1. Prioritized Engineering Services
Prioritized Engineering Services are services targeted to developing specific new features for the C3 AI Law Enforcement Application targeted to the In-Scope Police Department’s needs. These features are already on the C3 AI product roadmaps but are prioritized based on such need (“Prioritized Features”). The resulting features become part of C3 AI Products, available to the In-Scope Police Departments. The Prioritized Features are C3 AI Materials and are the intellectual property of C3 AI. For a full list of potential future C3 AI roadmap features, see Exhibit C.
2. Development Roadmap
C3 AI will use commercially reasonable efforts to develop and maintain the specified Prioritized Feature as part of the corresponding C3 AI Product.
The In-Scope Police Departments and C3 AI shall collaboratively define functional and non -functional requirements for the C3 AI Prioritized Feature. Once requirements are defined with the In-Scope Police Departments, C3 AI will manage the feature specification, development, testing, and release of the Prioritized Feature. C3 AI will provide the In-Scope Polic e Departments with monthly reports on development progress and will be reasonably available for update meetings and consultation on progress throughout the development period.
3. Delivery and Acceptance
The Prioritized Feature shall be considered accepte d upon delivery of the feature. Any performance issue or alleged defect in a completed feature that has been delivered shall be handled through the standard warranty and support terms and process set forth in the Agreement.
C3 AI Confidential 9
Exhibit C: C3 AI Roadmap
The table below details a list of potential future features on C3 AI’s roadmap :
Feature Name Feature Description
Data Model Migration and
Framework Improvements
Convert C3 AI Law Enforcement application to the latest C3 AI platform to enable application data science and architecture automation. Version 8 provides reusable, connected components for full data science lifecycle.
Upgraded Data Integration Standardize data integration across existing and future third-party and law enforcement agency sources. Enable flexible cloud infrastructure deployments.
Enhanced Identity Overview
Page
The C3 AI Law Enforcement Identity Overview page will be enhanced to the optimal user interface. The new format will support increased readability among densely populated fields and summaries of key information.
Environment Scale
Optimizations
C3 AI Law Enforcement will be upgraded to improve development performance, stability, and reliability for county-wide expansion. The newest developer package ensures faster feature visibility for end-users.
Search Consolidation The Search and Advanced Search functionality across Cases and Identities will be consolidated to a single tabbed page for a more intuitive user experience and faster investigations across multiple data types.
Search Justification C3 AI Law Enforcement will implement a user interface “Search Justification” field plus workflow logic to capture per-user searches with justifications. The justification log will be available in search history per user.
Computer Aided Dispatch
Case Links
Case details pages with confirmed links to Computer Aided Dispatch records will have a new dispatch tab populated with relevant information. These related dispatch records will be indexed for case search and have options for advanced case search.
Dispatch Detail Panels For Computer Aided Dispatch information with no confirmed case connection, detail panels will be available throughout application for summaries of the call - for-service information.
Blackboard Network Graph
Enhancements
The Blackboard advanced network graph will surface evidence packages indicating the specific record linking two individuals. This will be accompanied by C3 AI Data Vision user interface enhancement.
Blackboard New Relationship
Types
To create a more robust advanced network graph, additional connection types between identities will be surfaced on Blackboard. This will be accompanied by graph enhancements for computational efficiency.
Dashboard Event Map
Improvements
The Dashboard Event Map user experience will be improved with higher fidelity control via new filters, selection tools, and map overlays. Dashboard events will have additional officer awareness indicators.
Dashboard Analysis Screen The Dashboard page will be expanded to include an Analysis tab that automates statistical reporting requirements such as month-to-month event changes and allows for simple filtering and exports across jurisdictions.
User Interface Optimizations The C3 AI Law Enforcement component library will be updated with the newest visualizations that may be used for custom card lists, enhanced modals for previewing links, and clearer graphs for analysis.
Vehicle Detail Page C3 AI Law Enforcement will support detail pages specific to vehicles. Each unique vehicle will receive a detail page that contains a summarized view of all connected cases, identities, citations, and license plate reader media.
Vehicle Detail Page
Connections
Following the creation of the Vehicle Detail page, link to this detail page across existing mentions of vehicles within Identity and Case Detail pages.
Additionally, expand Investigations functionality to allow Vehicle additions.
City Council Meeting Agenda ReportItem # _____
Meeting Date: December 11, 2023
Subject: Setting Time and Place for a Public Hearing to Consider General Plan Amendment GPA-04-21-14998, Planned Development PD-04-21-14997, Major Subdivision SUB-04-21-14999, and Design Review DR-04-21-15000 – Redevelopment of Serramonte del Rey High School - 699 Serramonte Boulevard Recommended Action
Set time and place for a public hearing on January 22, 2024, to consider General Plan Amendment GPA-04-21-14998, Planned Development PD-04-21-14997, Major Subdivision SUB-04-21-14999, and Design Review DR-04-21-15000.
Background
The applicant and property owner, JUHSD, has applied to redevelop the Serramonte del Rey campus to allow for up to 1,235 units (122 existing) of affordable and market-rate rental housing, up to 14,000 sq. ft. of neighborhood-serving retail/commercial uses, and a Head Start childcare facility. The site would be subdivided into six development parcels and additional street parcels with public access easements. Build-out of the site is anticipated to be over a ten-year period. A request for approved of Development Agreement would also be considered, as would Design Review approval of a 210-unit mixed-use building with approximately 6,000 square feet of retail space that would be located on Parcel B.
Summary/Conclusion
Staff recommends that the City Council set January 22, 2024, at 7:00 p.m. as the date and time for a public hearing to consider General Plan Amendment GPA-04-21-14998, Planned Development PD- 04-21-14997, Major Subdivision SUB-04-21-14999, and Design Review DR-04-21-15000.
Staff is available to provide any additional information desired by the Mayor or Council members.
Respectfully submitted,
Michael Van Lonkhuysen Tatum Mothershead
Planning Manager Director of Economic and Community
Development
City Council Meeting Agenda ReportItem # _____
Meeting Date: December 11, 2023
Subject: Public Hearing on Community Development and Housing Needs Recommended Actions
1. Conduct a public hearing on community development and housing priorities for the City’s 2024-2025 HUD Action Plan.
Background
Each year, the City of Daly City receives a federal grant of Community Development Block Grant (CDBG) and HOME funds from the Department of Housing and Urban Development (HUD). The CDBG funds are to be used to meet community development and housing needs, such as affordable housing, public services, and infrastructure improvements that primarily benefit low and moderate- income residents. Additional funds are anticipated from estimated unspent Fiscal Year (FY) 2023- 24 funds at year-end and anticipated program income from housing rehabilitation loan payments during the program year. Together, these comprise available CDBG funds for FY2024-25, which starts July 1, 2024. In addition to the CDBG funds, the City also receives HOME funds directly from HUD that may be used solely for housing activities. The CDBG and HOME allocations for FY24-25 have not yet been determined. For reference, the City received $977,893and $354,725 in CDBG and HOME funds, respectively, in FY23-24.
Discussion
CDBG and HOME
The City is preparing the FY24-25 One-Year Action Plan that will specify CDBG and HOME funding levels to be allocated to various housing and community development activities for Fiscal Year 2024-25. This Public Hearing will begin the citizen participation and planning process required in the preparation of the City's FY24-25 HUD One-Year Action Plan, the second year of the current five-year HUD Consolidated Plan. As specified in the City's Community Participation Plan, this hearing on community development and housing needs provides citizens the opportunity to participate in planning, implementing and assessing the CDBG and HOME programs. It is the first of two Public Hearings, preceding the second hearing in April 2024 when the City Council allocates the City's CDBG and HOME funds to specific projects and programs. FY24-25 is the second year of a two-year CDBG funding cycle. The two-year funding cycle was adopted by Council in April 2013. Consequently, projects and/or programs currently receiving FY23-24 CDBG funds may expect to have their contracts renewed for FY24-25 as long as they are satisfactorily performing under their current contract, and pending availability of FY24-25 CDBG funds. The City will not be issuing Request for Proposals for Community Development Block Grant funds for FY24-25.
City Council Agenda Report
Subject: Public Hearing on Community Development and Housing Needs Meeting Date: December 11, 2023
The City prepared a Five Year HUD Consolidated Plan last year for the planning period beginning July 1, 2023 through June 30, 2028. The Consolidated Plan identified several goals to be addressed with CDBG and HOME funds, and the Annual Action Plans identify the activities to implement the goals. The Consolidated Plan goals are summarized below. Attachment A shows the current FY23-24 CDBG allocation.
•Develop new affordable rental units
•Fund residential accessibility improvements
•Affirmatively further fair housing
•Provide Residential Rehabilitation Program
•Provide Public Services
•Provide Public Services for the homeless
•Encourage economic development
•Maintain, provide and improve public facilities
Summary/Conclusion
Staff requests that the City Council conduct the public hearing to receive comments on housing and community development needs to inform the FY24-25 Annual Action Plan. Notice of this hearing was published in the Examiner and was made available on the City’s website, the City Clerk’s Office, the libraries, and the Community Service Center.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Lenelle Suliguin Tatum Mothershead
Senior Management Analyst Director, Economic & Community Development Attachment:
FY23-24 CDBG Allocation Table
City Council Agenda Report
Subject: Public Hearing on Community Development and Housing Needs Meeting Date: December 11, 2023
Attachment A
FY23-24 CDBG Allocations
ACTIVITY FY23-24 Allocation ($)
Administration
General Administration 185,179.00
Project Sentinel/Fair Housing 20,000.00
Subtotal 205,179.00
Capital Projects
Early Learning/Childcare Center 389,230.00 Subtotal 389,230.00
Economic Development
Renaissance Entrepreneurship 35,000.00
subtotal 35,000.00
Housing
Rebuilding Together/Safe at Home 63,000.00 CID/Housing Accessibility Modification (HAM) Program 20,000.00 Habitat for Humanity/Residential Rehab 396,182.00 City Housing Rehab 255,880.00
subtotal 735,062.00
Public Services
Life Moves/Family Crossroads 18,000.00 Peninsula Family Service 30,000.00
Project Read 20,000.00
subtotal 68,000.00
TOTAL $ 1,432,471.00
City Council Meeting Agenda ReportItem # _____
Meeting Date: December 11, 2023
Subject: Authorize the City Manager to Execute an Agreement with Magical Bridge Foundation for a Magical Bridge Playground at Hillside Park Recommended Action
Authorize the City Manager to Execute an Agreement with Magical Bridge Foundation for a Magical Bridge Playground at Hillside Park.
Background/Discussion
Magical Bridge Foundation advocates for and creates inclusive and innovative playgrounds in communities. This was born when founder Olenka Villarreal discovered her younger daughter, Ava, had developmental challenges. She learned that vestibular movement, such as swinging, would benefit Ava, but her limited upper body strength made holding the swing chains impossible.
It was not long before Olenka discovered the parks in her hometown could not provide the most basic aspects of play for her daughter—none of the parks in her area were truly accessible. With persistent advocacy, encouragement, and local support from community leaders, Olenka created the first Magical Bridge playground in Palo Alto, which gave rise to many more Magical Bridge playgrounds including ones in Redwood City, Morgan Hill, Sunnyvale, Santa Clara, Mountain View, and internationally in Singapore and New Zealand. The world-renowned concept is designed to be socially inclusive for children and adults of varying physical and cognitive abilities. Magical Bridge is not a "special needs" playground, but a welcoming place for all.
The City of Daly City has been interested in creating a Magical Bridge playground for over a year.
With recent funding support from Assemblymember Phil Ting, there is now an opportunity to bring a Magical Bridge playground to Daly City. Magical Bridge playground will be a place for children, adults, and families, regardless of ability, to play together in an inclusive environment thus strengthening community relationships.
Fiscal Impact
The cost to execute the proposed agreement, which includes Magical Bridge licensing, design criteria consultation and certification, and community fundraising, is $525,000. On November 27, 2023, the City Council reallocated remaining funds in the amount of $3,906,751 from the State of California Department of Parks and Recreation Specified Grant originally for the Margate Park Improvements Project to the Hillside Park Improvements Project.
Summary/Conclusion
Staff recommend that the City Council authorize the City Manager to Execute an Agreement with Magical Bridge Foundation for a Magical Bridge Playground at Hillside Park. Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Leilani Ramos
Assistant to the City Manager
Attachment: Draft Agreement
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CONSULTANT SERVICES AND LICENSE AGREEMENT
This Consultant Services and License Agreement (“Agreement”) is made and entered into as of ____________, 20__ (the “Effective Date”) by and between City of Daly City (“City”), a [California municipal corporation], and the Magical Bridge Foundation (“Magical Bridge”), a California 501(c)(3) corporation. Magical Bridge and City are individually referred to in this Agreement as a “Party” and collectively as “Parties.”
WHEREAS, Magical Bridge has created a design and community engagement process for developing, programming, and promoting authentically inclusive playgrounds and public spaces (“Magical Bridge Spaces”), and companion social programming under the Magical Bridge ® trademark (collectively, "Magical Bridge Marks"), in which children and adults of all abilities can play and partake in community together;
WHEREAS, Magical Bridge Spaces and companion programming, including Kindness Ambassadors ® and Magical Series ®, are designed to promote well-being by increasing meaningful connections in the community, increasing inclusivity and empathy among people of all abilities, and creating a sense of ownership and engagement in the community that complements and strengthens existing programs and investments. These multigenerational community spaces offer a space to support thoughtful programming and activities accessible to all, including people with disabilities; the Marks have gained and will continue to gain public recognition and goodwill as a symbol of inclusive design and community building; WHEREAS, City desires to (i) use certain of Magical Bridge’s proprietary processes and designs to build such an inclusive playground (the “Playground” and “Project”); (ii) license the Magical Bridge Marks for promoting, naming, and programming the Playground; (iii) retain Magical Bridge’s assistance throughout the design and construction process to create a hub for play in the community that increases the opportunities for and amount of play for all families, in particular for those with special needs who have fewer opportunities for play in community playgrounds (the “Project”); (iv) have Magical Bridge assist with fundraising for the Project; and (v) have Magical Bridge advise City on designing and implementing a TV, print media, and social media campaign to co-market and build community support for the Project, including an opening event to commemorate the opening of the Playground (“Opening Event”); WHEREAS, City has identified grant funds of four million dollars ($4,000,000) to allocate to the design and completion of the Project; and
WHEREAS, City desires to award the contract for the design and construction of the Project to a qualified contractor (“Design-Build Contractor”) in accordance with all applicable laws and the terms and conditions of this Agreement.
NOW THEREFORE, in consideration of the mutual promises contained herein, and other good and valuable consideration, the Parties agree as follows:
1. Fundraising. The Parties acknowledge and agree that:
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1.1. Total Funding Goal. City estimates allocating five million five hundred thousand dollars ($5,500,000) to design and complete the Project;
1.2. City Contribution. City will allocate designated park grants of four-million dollars $4,000,000 for the Project; and
1.3. Community Donation. City desires to partner with Magical Bridge to raise the remaining funds necessary to construct the Playground from significant entity and individual donors and grants (the “Community Donation”). For the avoidance of doubt, donations to Magical Bridge will only be deemed to be Community Donations if they are designated by their donor for use in connection with the Project.
2. Magical Bridge Responsibilities. City retains Magical Bridge to perform, and Magical Bridge agrees to perform, the services described in Exhibit A1 (“Services”). In the event of a conflict between the provisions of Exhibit A and the terms of this Agreement, the terms of the Agreement shall prevail. City shall have the right to modify the Services to delete tasks in whole or in part, provided that such modifications do not affect the City’s payment obligations hereunder.
3. City Responsibilities. City shall appoint a designated representative of Magical Bridge to the Selection Committee that reviews and ranks proposals for the Project. Magical Bridge’s performance of the Services is conditioned upon City’s timely assistance and performance of all other tasks which are reasonably necessary in connection with the Project, including, without limitation, those described in Exhibit A2 (“City Responsibilities”). Accordingly, notwithstanding anything to the contrary in this Agreement, in any circumstance in which Magical Bridge’s performance of the Services depends or is contingent upon activities or assistance of City, for example in obtaining permits for and developing the Project, as reasonably determined by Magical Bridge, if City fails to perform such activities or provide such assistance in a timely manner, Magical Bridge shall be excused for any delay in its performance of the Services for so long as City fails to perform such activities or provide such assistance, and such delay shall not constitute a breach of this Agreement by Magical Bridge.
4. Compensation.
4.1. Licensing and Project Launch Fee. City will pay to Magical Bridge a one- time payment (the “Licensing and Project Launch Fee”) of $250,000 due upon the Effective Date of this Agreement to support the community engagement activities, fundraising, design work, licensing, and all other services provided by Magical Bridge.
4.2. Milestone Payments. City will pay to Magical Bridge a series of milestone completion payments (“Milestone Payments”), totaling an additional $275,000; each Milestone Payment is due upon completion of the associated milestone as specified in Exhibit B.
4.3. Donation Processing Fee. In addition to the Licensing and Project Launch Fee and Milestone Payments, Magical Bridge will retain Five percent (5%) of the Community Donations (excluding direct grants to City) (the “Processing Fee”) to help
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cover costs and expenses, including the transaction processing fees, associated with accepting and holding these funds.
4.4. Invoicing. Magical Bridge shall submit to City a written invoice for each payment of the Retainer and each Milestone Payment as it becomes due, and City agrees to pay all invoiced amounts within thirty (30) days after the date of the applicable invoice.
4.5. No Other Compensation. The Licensing and Launch Fee, Milestone Payments, and Processing Fee shall be the full and complete compensation to which Magical Bridge is entitled for the completion of the Services (provided that the costs of actually constructing the Playground will be drawn from the City Donation and the Community Donation), which sum shall include all costs or expenses incurred by Magical Bridge, unless otherwise expressly set forth herein or agreed in writing by the Parties.
Notwithstanding the foregoing, City is solely responsible for all costs and expenses associated with City.
5. Intellectual Property.
5.1. License to Designs and Equipment. Magical Bridge hereby grants to City a non-exclusive, fully paid up, non-transferrable license to use, reproduce, internally distribute, and create derivative works of any documents and materials depicting the design elements, equipment, and layout characteristic of a Magical Bridge playground (collectively “Magical Bridge Designs”), in whole or in part, to prepare a design for a playground incorporating those design elements that is tailored to the unique geographic features of the Playground site as well as the needs and budgetary constraints of City (“Final Design”) and to build the Playground according to the Final Design. The Design- Build Contractor awarded the contract for the Project shall be responsible for preparing the Final Design in consultation with Magical Bridge and City as needed.
5.2. License to Magical Bridge Trademarks.
5.2.1. Initial License. Subject to City’s compliance with the terms and conditions of this Agreement and Magical Bridge’s trademark guidelines, the current version of which is attached hereto as Exhibit D and which are subject to revision by Magical Bridge from time to time in its sole discretion (the “Trademark Guidelines”), Magical Bridge hereby grants City the non-exclusive, non- transferrable, non-sublicensable right to use Magical Bridge’s name, trademarks, service marks, and trade names (“Magical Bridge Marks”) solely to promote and solicit donations and funding for the Project, provided that all such uses are subject to Magical Bridge’s prior approval, which shall not be unreasonably withheld or delayed.
5.2.2. Final Design Certification. Upon completion of the Final Design by the Design-Build Contractor, City shall transmit a copy of the Final Design to Magical Bridge. Magical Bridge shall, within thirty (30) days of receipt of the Final Design, review the Final Design to determine whether the Final Design meets the criteria of a
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Magical Bridge Playground, attached hereto as Exhibit C and incorporated herein by reference (“Magical Bridge Standards”). If Magical Bridge determines that the Final Design meets the Magical Bridge Standards, Magical Bridge shall provide a certification to City so stating (“Final Design Certification”). If, in its reasonable discretion, Magical Bridge determines that the Final Design does not meet the Magical Bridge Standards, Magical Bridge shall provide City with a written rationale for its decision, including specific recommendations for conforming to the Magical Bridge Standards. Magical Bridge shall then work in good faith with City and Design-Build Contractor to revise the Final Design to meet the Magical Bridge Standards.
5.2.3. Final License. Upon receipt of the Final Design Certification for the Playground, subject to City’s compliance with the terms and conditions of this Agreement and the Trademark Guidelines, City shall have the non-exclusive right to refer to the Playground as a “Magical Bridge Playground” and, subject to Magical Bridge’s prior approval, which shall not be unreasonably withheld or delayed, to use the Magical Bridge Marks in signage located at or directing visitors to the Playground and in advertising and promotional materials regarding the Playground. Without limiting the foregoing, City shall display and maintain at the Playground a sign, at City’s expense, not less than ten (10) square feet in size, including Magical Bridge’s name and at least one Magical Bridge Mark.
5.2.4. License Review. Magical Bridge reserves the right to periodically review the Playground’s continued compliance with the Magical Bridge Standards and to revoke the foregoing license and all associated rights to designate such playground as a “Magical Bridge Playground” upon notice to City that the playground no longer conforms to the Magical Bridge Standards. Magical Bridge shall give City at least thirty (30) days’ notice, and meet and confer in good faith with City, prior to revoking any such certification or the foregoing license.
5.2.5. Goodwill. City agrees that (a) as between the parties, all rights in and to Magical Bridge Marks and the goodwill associated therewith are owned by Magical Bridge, (b) City will do nothing inconsistent with such ownership, (c) all uses of Magical Bridge Marks shall inure to the sole benefit of and be on behalf of Magical Bridge, (d) City will not challenge or assist others in challenging the validity of such Magical Bridge Marks or attempt to register in any jurisdiction any confusingly similar marks, and (e) any use of the Magical Bridge Marks shall be in accordance with Magical Bridge’s Trademark Guidelines.
5.2.6. Magical Bridge Playgrounds Only. City shall not display Magical Bridge Marks on or in relation to any playgrounds that were not designed by Magical Bridge, or whose Final Design Certification or other certification of meeting the Magical Bridge Standards has been revoked by Magical Bridge as provided above, except that City may use Magical Bridge Marks in communications and materials, in any medium, involving both Magical Bridge Playgrounds and other playgrounds where the Magical Bridge Playgrounds are clearly identified as such.
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5.3. Ownership. As between the Parties, the Magical Bridge Designs, the Final Design, the Magical Bridge Marks, any and all derivative works thereof, and the design, layout, and features of the Magical Bridge Playgrounds, including all intellectual property rights therein, are and shall remain the sole property of Magical Bridge. Each Party will retain all right, title, and interest in and to all marketing materials that it provides to the other Party under this Agreement. All rights not expressly granted in this Agreement are reserved by the Parties.
6. Termination.
6.1. Term of Agreement. This Agreement will commence on the Effective Date and will remain in effect until both Parties agree in writing that the Project is complete or either Party terminates this Agreement in accordance with this Agreement (the “Term”).
6.2. Termination for Lack of Progress. City may terminate this Agreement upon not less than thirty (30) days’ written notice to the other Party pursuant to the notice provisions of this Agreement if (a) City decides to abandon or postpone the Project; (b) City reasonably determines that there has been no substantial progress on the Project for at least twenty-four (24) months; or (c) Magical Bridge ceases to operate or otherwise loses its ability to perform the Services.
6.3. Termination for Cause. Either Party may terminate this Agreement upon thirty (30) days prior written notice to the other if the other Party is in material breach of this Agreement and fails to cure such breach within such thirty (30) day period.
6.4. Effects of Termination.
6.4.1. Upon termination of this Agreement, Magical Bridge shall transfer to City all funds collected in support of the Community Donation still in Magical Bridge’s possession, less the Processing Fee applicable to such funds (“Remaining Funds”). After Magical Bridge transfers the Remaining Funds to City, City will have sole and exclusive responsibility for management of the Remaining Funds. City shall use the Remaining Funds for the sole purpose of (a) maintaining or enhancing the Playground, if it has been built prior to termination; or, if the Playground has not been built prior to termination, (b) funding modifications to other playgrounds to increase inclusive play opportunities for children with disabilities, provided that Magical Bridge is permitted to participate in an oversight committee with respect to the use of such funds.
6.4.2. City shall remain obligated to pay Magical Bridge any payments owed prior to the effective date of termination, and all such payments shall become immediately due and payable.
7. Warranties; Disclaimer.
7.1. Warranty. Each Party represents and warrants that (i) it has the full power and authority to enter into and fulfill the terms of this Agreement (ii) it will perform its
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obligations under this Agreement in a professional and workmanlike manner and in compliance with all applicable laws; and (iii) it has not entered and will not enter into any agreements that interfere or conflict with the terms hereof.
7.2. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER
PARTY MAKES ANY OTHER WARRANTIES OF ANY KIND, EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE WITH RESPECT TO THIS AGREEMENT, THE
MAGICAL BRIDGE DESIGNS, OR ITS SERVICES, AND EACH PARTY
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF NON-
INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE.
8. Indemnification.
8.1. By Magical Bridge. Magical Bridge shall defend or at its option settle any third-party claims brought against City, its officers, and employees to the extent that they allege: (a) any grossly negligent or intentionally wrongful act of Magical Bridge, its employees, contractors or agents in performance of the Services prior to the Opening Event or (b) any violation or claimed violation of a third party’s intellectual property or proprietary rights resulting from the use by City of the Magical Bridge Designs or Magical Bridge Marks in accordance with this Agreement, except to the extent such claims are attributable to the negligence or willful misconduct of City, including their officers and employees, or third parties (collectively, “Magical Bridge Claims”). Subject to Section 9, Magical Bridge will indemnify City, its officers, and employees against any liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments (collectively “Losses”) for Magical Bridge Claims, where such Losses are finally awarded by a court of competent jurisdiction to resolve, or agreed to by Magical Bridge in settlement of, such Magical Bridge claims.
Notwithstanding the foregoing, Magical Bridge will have no liability for infringement claims to the extent arising from: (i) combination of the Magical Bridge Designs or Magical Bridge Marks with other materials or marks not provided by Magical Bridge, if the infringement would not have occurred if the Magical Bridge Designs or Magical Bridge marks had not been so combined; or (ii) the modification of the Magical Bridge Designs, in whole or in part, by anyone other than Magical Bridge, if the infringement would not have occurred but for such modification. THIS SECTION 8.1 STATES THE
ENTIRE LIABILITY AND OBLIGATION OF MAGICAL BRIDGE, AND THE SOLE
AND EXCLUSIVE REMEDY OF CITY, WITH RESPECT TO ANY ACTUAL OR
ALLEGED INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT BY THE MAGICAL BRIDGE DESIGNS OR MAGICAL BRIDGE MARKS.
8.2. By City. City shall defend or at its option settle any third party claims brought against Magical Bridge or its affiliates or their directors, officers, or employees, and, subject to Section 9, indemnify them against all Losses associated with such claims, where such claims arise from (i) any negligent or intentionally wrongful act or omission of City or City’s employees, contractors or agents, (ii) any breach by City or its employees, contractors or agents of its agreements with third party contractors performing
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services related to the Playground, and (iii) any bodily injury, including death, or damage to real or tangible personal property caused or occurring at the Playground.
8.3. Process. The indemnitee will provide the indemnitor with: (i) prompt written notice of such claim; (ii) sole control over the defense and settlement of such claim; and (iii) all necessary information and assistance (at the indemnitor’s expense) to defend and/or settle such claim. The indemnitee may participate in the defense of a claim asserted hereunder after the indemnitor has assumed the defense or settlement, provided that the indemnitee will bear any legal fees and expenses or other costs it incurs in so participating.
9. Limitation on Liability. Except for the Parties’ indemnification obligations under Section 8 and breaches of a Party’s confidentiality obligations under Section 11, neither Party will be liable to the other for any consequential, incidental, special, or exemplary damages arising out of or related to this agreement, including but not limited to lost profits or loss of business, even if such Party is apprised of the likelihood of such damages occurring. Magical Bridge’s aggregate liability in connection with this Agreement, whether for indemnification or otherwise, shall not exceed the lesser of (i) the fees actually paid to Magical Bridge under this Agreement or (ii) the amount of all valid, applicable, and collectable insurance coverage for the claim.
10. Insurance.
10.1. Generally. Magical Bridge shall obtain and maintain insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by Magical Bridge or Magical Bridge’s agents, representatives, and employees at all times during the performance of the Services.
The insurance carrier is required to maintain an A.M. Best rating of not less than “A-VII.” Magical Bridge is liable for damage including negligence in the performance of its Service under the terms of this Agreement.
10.2. Coverages and Limits. Magical Bridge, at its sole expense, shall maintain the types of coverages and minimum limits indicated below, unless otherwise approved by City in writing.
10.2.1. Commercial General Liability Insurance. Magical Bridge shall maintain occurrence based commercial general liability coverage with limits not less than one million dollars ($1,000,000) per occurrence to cover any negligent acts or omissions by Magical Bridge or its employees or agents during the performance of any duties under this Agreement. If the submitted policies contain aggregate limits, such limits will apply separately to the Services, project, or location that is the subject of this Agreement or the aggregate will be at least twice the required per occurrence limit. General liability insurance shall include endorsements that:
a. Identify the policy number;
b. Include a statement that “the City of Daly City, including its officer, employees and volunteers are additional insureds;
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c. Include a statement that the insurance shall be primary and that the insurance shall not be cancelled except upon prior written consent to Daly City (30 days prior);
d. Endorsements must be signed by the insurance company or broker, and provided to the City;
e. Any deviations from the above insurance requirements must be approved by the City Attorney’s Office.
10.2.2. Business Automobile Liability Insurance. Magical Bridge shall maintain business automobile liability coverage with limits not less than one million dollars ($1,000,000) per each accident for owned, hired and non-owned automobiles.
10.2.3. Workers' Compensation Insurance. Magical Bridge shall maintain workers’ compensation coverage to the extent required by the California Labor Code.
The policy shall contain an endorsement stating that the insurer waives any right to subrogation against City, its officers, agents, employees and volunteers.
10.2.4. Employer's Liability Insurance. Magical Bridge shall maintain employer’s liability coverage with limits not less than one million dollars ($1,000,000) per each accident for bodily injury or disease.
10.3. Notice of Cancellation. This insurance coverage will be held at all times during the performance of the Services and will not be canceled during the Term without Magical Bridge providing thirty (30) days prior written notice to City sent pursuant to the Notice provisions of this Agreement.
10.4. Providing Certificates of Insurance and Endorsements. Within thirty (30) days of City’s request therefor after the Effective Date, Magical Bridge shall provide to City certificates of insurance and above-referenced endorsements for submission and approval by the City Attorney’s Office.
11. Confidentiality
11.1. Confidential Information. “Confidential Information” means any proprietary information, data, trade secrets, or know-how, including any information disclosed prior to the Effective Date, either directly or indirectly in writing, orally or by inspection of tangible objects (including, without limitation, designs, research, product plans, products, services, equipment, customers, inventions, discoveries, ideas, processes, drawings, hardware, specifications, product configuration information, marketing and finance documents, prototypes, samples, data sets, equipment, and the terms and existence of this Agreement), whether or not designated as “confidential” disclosed by one party (“Discloser”) to the other (“Recipient”) under this Agreement. Without limiting the foregoing, Confidential Information of Magical Bridge shall include (a) Magical Bridge’s playground designs, plans, and know-how, including the Magical Bridge Designs and the Final Design, and including with respect to types of equipment, colors, zone setup, and
PAGE 9
slide designs, and (b) all donor names, preferred physical and/or electronic contact information, amounts of donations, and other donor information (“Donor Information”).
Confidential Information does not include information which Recipient can demonstrate (i) is known to Recipient without a confidentiality obligation at the time of disclosure to Recipient by Discloser, (ii) has become publicly known and made generally available through no wrongful act of Recipient, or (iii) has been rightfully received by Recipient from a third party who is authorized to make such disclosure.
11.2. Use of Confidential Information. Recipient will not, during or subsequent to the Term of this Agreement, use the Discloser’s Confidential Information for any purpose other than the performance of Recipient’s obligations under this Agreement, or disclose Discloser’s Confidential Information to any third party. Without limiting the foregoing, City will hold all donor information in the strictest of confidence and in accordance with all laws applicable to personally identifiable information, and neither disclose such information to any third party nor use such information for any purpose other than internal analysis of the present fundraising progress and recognition of donors consistent with City policies thereon, subject to consent of the donors. As between the parties, it is understood that Confidential Information of Discloser shall remain the sole property of Discloser. Recipient further agrees to take all reasonable precautions to prevent any unauthorized disclosure of Discloser’s Confidential Information including, but not limited to, having each employee or contractor of Recipient, if any, with access to any Discloser’s Confidential Information, execute a nondisclosure agreement containing provisions at least as protective of Confidential Information as this Agreement.
11.3. Compelled Disclosure. If Recipient becomes legally compelled to disclose any Confidential Information, other than pursuant to a confidentiality agreement, Recipient will provide Discloser prompt written notice, if legally permissible, and will use its best efforts to assist Discloser in seeking a protective order or another appropriate remedy. If Discloser waives Recipient’s compliance with this Agreement or fails to obtain a protective order or other appropriate remedy, Recipient will furnish only that portion of the Confidential Information that is legally required to be disclosed; provided that any Confidential Information so disclosed shall maintain its confidentiality protection for all purposes other than such legally compelled disclosure.
11.4. Return of Materials. Upon the termination of this Agreement, or upon Discloser’s earlier request, Recipient will deliver to Discloser all of Discloser’s Confidential Information that Recipient may have in Recipient’s possession or control, and/or destroy such Confidential Information and provide written certification of such destruction.
11.5. California Public Records Act. Notwithstanding any other provision of this Section, the Parties acknowledge that if City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”), then if Confidential Information is contained in documents submitted by Magical Bridge to City, and Magical Bridge expressly claims that such information falls within one or more CPRA exemptions, Magical Bridge must clearly mark such information “CONFIDENTIAL” or
PAGE 10
“PROPRIETARY”. In the event of a request for such information, City will make reasonable efforts to provide notice to Magical Bridge prior to such disclosure, allowing enough time for Magical Bridge to seek a protective order, injunctive relief, or other appropriate remedy. If Magical Bridge contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it may at its own cost, liability, and expense seek to obtain a protective order, injunctive relief or other appropriate remedy from a court of law having jurisdiction over the matter before City’s deadline to respond to the CPRA request. City shall provide Magical Bridge with all reasonable assistance, at Magical Bridge’s expense, in obtaining such protections. If Magical Bridge fails to obtain such a remedy before the deadline for City’s response to the CPRA request, City will disclose the requested information and shall not be liable or responsible for such disclosure.
11.6. Publicity. Any publicity or press releases with respect to the Project or Services shall be by mutual agreement of the Parties. Magical Bridge shall have the right, however, without City’s further consent, to state that it is providing the Services to City in Magical Bridge's promotional and professional materials, and to communicate with persons or public bodies where necessary to perform under this Agreement.
12. Miscellaneous
12.1. Independent Contractors. The relationship of the Parties established by this Agreement is that of independent contractors, and nothing contained in this Agreement shall be construed to give either Party the power to act as an agent or direct or control the day-to-day activities of the other. Neither Party will make any federal or state tax withholdings on behalf of the other Party or its agents, employees or subcontractors.
Neither Party will be required to pay any workers' compensation insurance or unemployment contributions on behalf of the other Party or its employees or subcontractors.
12.2. Assignment. Unless otherwise expressly provided in this Agreement, neither Party may assign, delegate or subcontract any right, obligation, or interest hereunder without the express written consent of the other Party. Any assignment in derogation of the foregoing shall be null and void. Notwithstanding the foregoing, Magical Bridge may assign or transfer this agreement in its entirety to an affiliate of Magical Bridge or in connection with a corporate reorganization, merger, acquisition, or other transfer of all or substantially all of the business or assets to which this Agreement relates.
12.3. Subcontractors. Magical Bridge shall be fully responsible for the acts and omissions of subcontractors, or their employees hired or retained by Magical Bridge.
Nothing contained in this Agreement shall create any contractual relationship between any subcontractor of Magical Bridge and the City. Magical Bridge shall be solely responsible for payment of its subcontractors.
12.4. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California. This Agreement was entered into and
PAGE 11
is to be performed in the County of Santa Clara. Any action or dispute arising out of this Agreement not resolved in accordance with Section 12.5 below shall only be brought in Santa Clara County.
12.5. Dispute Resolution; Jurisdiction, Venue. If there is a dispute between the Parties arising out of or otherwise relating to this Agreement, the Parties agree to promptly meet in good faith to try to resolve such dispute. If such dispute is not resolved by the Parties within thirty (30) days following the date on which either Party provided written notice of such dispute to the other Party, the dispute shall be escalated to the senior management of each Party for resolution. If the dispute is not resolved in accordance with such procedures, then the Parties agree that any dispute arising out of or relating to this Agreement, or the breach thereof, may be settled by mediation or non-binding arbitration in Santa Clara County, California, administered by a mutually agreeable mediator or arbitrator, respectively. Notwithstanding the foregoing, the Parties agree that nothing in this Agreement will be deemed to waive, preclude, or otherwise limit either Party’s rights to: (i) seek injunctive relief in a court of law; or (ii) file suit in a court of law to address intellectual property infringement claims.
12.6. Paragraph Headings. Paragraph headings as used herein are for convenience only and will not be deemed to be a part of such paragraphs and will not be construed to change the meaning thereof.
12.7. Licenses, Permits and Fees. Magical Bridge shall obtain a City of Daly City Business License and all other necessary permits and licenses, to the extent required by ordinances, codes, and regulations of the federal, state and local government applicable to the performance of this Agreement.
12.8. Waiver. The waiver by either Party of any breach of this Agreement does not waive any other breach. The failure of any Party to insist on strict performance of any covenant or obligation under this Agreement will not be a waiver of such Party’s right to demand strict compliance in the future, nor will the same be construed as a novation of this Agreement.
12.9. Severability. If any part of this Agreement is unenforceable, the remaining portions of this Agreement will remain in full force and effect.
12.10. Force Majeure. Nonperformance of Magical Bridge will be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts, orders or restrictions, or any other reason where failure to perform is beyond the reasonable control of Magical Bridge.
12.11. Execution in Counterparts. The Agreement may be executed in counterparts, each of which will be deemed an original, but all of which taken together will constitute the same instrument.
12.12. Original Signatures. The parties hereby agree that electronic signatures,
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whether transmitted by telephonic facsimile machine or computer transmitted files will be considered original signatures for all purposes including, but not limited to, authentication of this document (or any amendment prepared and executed in accordance with the terms of this document) in any legal proceeding.
12.13. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede any other attachment or exhibit. Neither this Agreement nor any of its provisions may be amended, modified, waived, or discharged except in writing signed by both Parties.
12.14. Authority. The individuals executing this Agreement and the instruments referenced in it on behalf of Magical Bridge and City each represent and warrant that they have the legal power, right and actual authority to bind Magical Bridge and City respectively to the terms and conditions of this Agreement.
12.15. Notices. Any notice to be given hereunder shall be addressed to City or Magical Bridge at the address shown below or such other address as either party may notify the other of and shall be deemed given upon delivery if personally delivered, or forty-eight (48) hours after deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested.
For CITY OF DALY CITY:
Thomas J. Piccolotti
City Manager
City of Daly City
333 90th Street, Third Floor
Daly City, CA 94015
Copy to:
Rose Zimmerman
City Attorney
City of Daly City
333 90th Street
Daly City, Ca 94015
For Magical Bridge:
Magical Bridge Foundation
Attention: Olenka Villarreal
552 Waverly Street, Suite 200
Palo Alto, CA 94301
PAGE 13
[Signatures on Following Page]
PAGE 14
IN WITNESS WHEREOF, City and Magical Bridge have executed this Agreement as of the Effective Date.
CITY:
CITY OF DALY CITY
By: ____________________________
Thomas J. Piccolotti, City Manager
APPROVED TO FORM
By:
MAGICAL BRIDGE:
By: _________________________________
Name: _________________________________
Title: _________________________________
By: _________________________________
Name: _________________________________
Title:
________________________
_________
PAGE 15
EXHIBIT A1 – SCOPE OF SERVICES
1. DESIGN
1.1. Design Consulting. Magical Bridge shall participate in meetings with the Design-Build Contractor, City’s designated team and design professionals and consultants to advise on all aspects of playground design, including but not limited to equipment selection, criteria for quality control, and methods for making the Playground more inclusive of individuals with disabilities. In its capacity as a member of the Selection Committee for the Project, Magical Bridge shall have the right to participate in the preparation of the design criteria, Request for Proposals, and evaluation of proposals received for the Project.
1.2. Construction Consulting. Magical Bridge shall collaborate with the Design- Build Contractor to advise City throughout the development of the Playground on an as needed basis. City shall retain final decision-making authority on all matters relating to the construction, including but not limited to selecting construction contractors, obtaining permits, and overseeing construction.
1.3. Access to Playground. City shall provide Magical Bridge, its employees and agents, with reasonable access to the Playground for the purpose of fulfilling its responsibilities under this Agreement.
2. FUNDRAISING
2.1. Fundraising Goal. Magical Bridge will use commercially reasonable efforts to solicit a total amount of donations to support the Project not less than the amount of the Community Donation.
2.1.1. Magical Bridge, with the guidance and recommendation of City and affiliated community groups, shall have full discretion in identifying, soliciting, and accepting donations for Project from individuals, foundations, businesses, and other organizations.
2.1.2. For potential funders who require applications directly from the City, Magical Bridge will, at the request of City, prepare grant application materials and supporting documentation, attend meetings, and respond to requests for information in the support of applications by the City for matching grants or other funding opportunities from potential funders. Any resulting funds which are provided directly to City by funder will not be subject to the Processing Fee.
2.1.3. If the successful bid for the construction contract for the Project exceeds the original amount of the Community Donation, Magical Bridge will use its best efforts to obtain additional donations to meet the shortfall, which additional donations shall be added to and increase the amount of the Community Donation.
2.2. Collection and Holding of Community Donation.
PAGE 16
2.2.1. Magical Bridge will maintain its tax exempt 501(c)(3) status.
2.2.2. Magical Bridge will accept and hold donations made towards the Project, including donations solicited by City, until no later than fifteen (15) days after the Opening Event.
2.2.3. Magical Bridge will not use any donated funds for any purpose, except to cover the Processing Fee, without express written consent of City.
2.3. Transfer of Funds to City.
2.3.1. Within ten (10) days of receiving the full amount of the Community Donation, Magical Bridge shall submit a request for donation pursuant to City’s donation policy (“Request for Donation”) for an amount equal to the Community Donation (the “Playground Funds”). Upon approval of the Request for Donation by City, Magical Bridge shall promptly transfer the Playground Funds to City. After Magical Bridge transfers the Playground Funds to City, City shall have sole and exclusive responsibility for management of the Playground Funds.
2.3.2. Within ten (10) days of the Opening Event, Magical Bridge shall submit an amount equal to all donations to the Project Magical Bridge has collected since the transfer of the Playground Funds to City (“Excess Funds”). Upon approval of the Request for Donation by City, Magical Bridge shall promptly transfer the Excess Funds to City. After Magical Bridge transfers the Excess Funds to City, City shall have sole and exclusive responsibility for management of the Excess Funds.
2.3.3. The Playground Funds and the Excess Funds shall be restricted donations. City shall use the Playground Funds and Excess Funds solely to pay for costs relating to the planning, designing, constructing, launching, operating, promoting, programming and maintaining the Playground, including amounts owed to third party contractors for performing environmental and other assessments, and designing and building the Playground, and amounts owed in connection with the Opening Event, except that the Excess Funds may also be used to fund ongoing Magical Bridge programming at the Playground and within the City. City shall have sole and exclusive responsibility for payment of all costs related to the construction and maintenance of the Playground.
2.4. Donor Information and Acknowledgements.
2.4.1. Magical Bridge shall maintain a list of all donors to the Project that shall include the Donor Information for each donor, and whether the donor would like to be publicly recognized.
2.4.2. Magical Bridge shall send acknowledgements to each donor to the Project according to City’s donation policy.
2.4.3. Upon transfer of the Playground Funds and the Excess Funds,
PAGE 17
Magical Bridge shall transfer to City the names and any other necessary information of donors for whom recognition under City’s donation policy requires City action, subject to the donors’ consent to such transfer.
3. Community Engagement
3.1. Communications Strategy and Marketing Materials. Within thirty (30) days after the Effective Date, Magical Bridge shall provide City with the following:
3.1.1. A draft communications strategy that includes (i) a public relations and marketing plan for the Playground; and (ii) a TV, print media, and social media campaign to engage and educate the public in relation to the Project (“Communications Strategy”).
3.1.2. Copies of all applicable Magical Bridge Marks in electronic form.
3.1.3. Marketing collateral relating to the launch and promotion of Magical Bridge playgrounds, including template press releases, fundraising emails, fundraising kits for community members, and talking points for briefings with key officials
3.2. Communications Consulting. At City’s request, the Magical Bridge Team shall advise City on revising and executing the Communications Strategy, including developing marketing material specific to the Playground and planning the Opening Event. City shall conduct the activities specified in the Communications Strategy, including selection of the date for the Opening Event in its sole discretion.
3.3. Community Engagement Activities. The Magical Bridge Team shall conduct community engagement activities, including but not limited to hosting community input meetings, school visits, and community events, for the purpose of promoting the Playground and raising awareness about inclusive play.
3.4. Participation in City Events. Prior to and including the Opening Event, the Magical Bridge Team shall appear at up to 3 City sponsored events related to the Project at City’s request and upon reasonable notice.
3.5. Recruiting and Training Volunteers. Prior to the Opening Event, the Magical Bridge Team shall recruit and train no fewer than five (5) volunteers to conduct educational programming about inclusive play at the Playground.
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EXHIBIT A2 – CITY RESPONSIBILITIES
1. CITY RESPONSIBILITIES. City is responsible for the following activities:
1.1. Designating Hillsdale Park as the location for the development of the Playground (the “Site”);
1.2. Obtaining all required licenses, permits, and approvals for development of the Playground, including any required approvals from the City and all other governmental agencies to authorize design-build delivery;
1.3. Collaborate with Magical Bridge to establish design and performance criteria that will be the basis of the Request for Proposals for the Project;
1.4. Form a Selection Committee to review and rank the proposals of the design- build entities;
1.5. Entering into a Design-Build Agreement with a qualified Design-Build Contractor to complete the design and construction of the Project;
1.6. Performing a timely planning review of the Playground designs and providing responses from all essential City departments regarding any and all concerns to be addressed in the Playground design and construction;
1.7. Raising the City Donation within three (3) months after the Effective Date and designating those funds solely for the purpose of building the Playground;
1.8. Using its best efforts, with reasonable assistance and cooperation from Magical Bridge, to solicit and procure Community Donations for the Playground;
1.9. Allowing for reasonable access to the Site by Magical Bridge employees and agents, including but not limited to the Magical Bridge landscape architect;
1.10. Facilitating meetings and discussions between Magical Bridge and various stakeholders in order to ensure community support for the Playground;
1.11. Providing all reasonable assistance to Magical Bridge in arranging a meeting with a custom playhouse designer to develop the theme, colors, and unique features of the Playground;
1.12. Entering into and performing all obligations under all agreements with third party contractors performing services related to the Playground;
1.13. Maintaining the Playground in good order, condition, and repair during and following the expiry or termination of this Agreement for the useful life of the Playground (useful life shall be solely determined by the City and a minimum of 10 years) and
PAGE 19
removing the Playground and/or the Magical Bridge branding associated with the Playground after the expiration of the useful life of the Playground;
1.14. Advising community groups in relation to on-going programs and activities at the Playground; and
1.15. Procuring and maintaining general liability insurance in respect of the Playground in an amount no less than the industry standard, equivalent to other City parks and playgrounds, including bodily injury, property damage, and personal injury liability coverage.
PAGE 20
EXHIBIT B – MILESTONE PAYMENTS
City shall pay Milestone Payments to Magical Bridge, referenced in Section 4.2 of the Agreement, according to the following schedule:
Task Milestone Payment Amount
Licensing and Project
Launch Fee: Includes
retaining Magical Bridge
for life of project: design,
community engagement,
fundraising, and
licensing
Effective Date of Agreement $250,000
Design-Build Contractor
Selection
Upon award of design-build
contract
$50,000
Final Design
Certification
City’s receipt of the Final
Design certification based on
Magical Bridge input in
design process and review of
final design
$75,000
Completion, Opening,
and Programming
Launch
The latter of (i) the date of the
Opening Event; or (ii) the last
transfer of the Excess Funds
to City
$150,000
PAGE 21
EXHIBIT C – MAGICAL BRIDGE STANDARDS
Branding.
●Branded with the Magical Bridge Playground and/or Magical Bridge Foundation logo at the entry points of the playground.
●Playground signage, donor wall, playhouse, woodwork and artwork is unified with a consistent color palette as defined by the Magical Bridge style guide. Color palette may vary by location.
Layout.
●Distinct play zones based on types of play or motion, such as swinging, sliding, and spinning.
●The zones are distinguished by signage at each zone entrance that explains the benefits of that particular mode of play.
●Includes a smaller scale Tot Zone mimics the equipment in other areas of the Playground.
Accessibility.
●Seamless ground turf for easy navigation
●Accessible equipment with manageable transfer points
●Group play opportunities
●Ramps and walkways that enable wheelchair users to access all areas of the playground, including the top of the slide mound and second story of the playhouse. ●Play zone entry signs feature Braille for those visually-impaired. ●At least one slide contains a patent-pending extension bench on the end of the slide giving people who need more time a place to wait without blocking others from using the slide.
Kindness.
●Feature a Kindness Corner for individual and group reflection and educational programs
Innovation.
●Features interactive play experiences utilizing technology, art, music and design to stimulate the full array of human senses.
Imagination.
●Custom designed, handcrafted, two-story Playhouse with play stage ●Audience style seating in front of the Playhouse
Community.
●A Magical Bridge Playground includes shaded group gathering areas. ●Tables are designed for wheelchair access.
Stewardship.
A Magical Bridge Playground is open to the public, clean, and well-maintained.
PAGE 22
EXHIBIT D – MAGICAL BRIDGE TRADEMARK GUIDELINES
1. ALWAYS USE MAGICAL BRIDGE FOUNDATION TRADEMARKS IN AN APPROVED FORM.
Our trademarks should always be presented in the styles in which they were delivered to you by the Magical Bridge Foundation (including all font faces and styles, all caps, upper and lower case, or a combination of large and small caps). Changes, distortions, or alterations in the trademarks are not generally allowed. Any variation must be cleared through the Magical Bridge Foundation.
2. ALWAYS USE MAGICAL BRIDGE FOUNDATION TRADEMARKS IN A
MANNER CLEARLY INDICATING THAT THEY ARE TRADEMARKS OWNED BY MAGICAL BRIDGE FOUNDATION.
Our trademarks should be properly marked to give notice that they are, in fact, trademarks of the Magical Bridge Foundation. Registered trademarks should always be used with the federal registration symbol “®”, while marks that have not been registered (including marks that are the subject of “pending” applications) should be used with the symbol “™” where the mark initially appears. Use of the registration symbol or “™” must appear with the first usage of the trademark in a document; subsequent occurrences do not require the symbols. When used in a printed document, the symbols should be half the point size of the word and then superscripted half the point size of the word.
A footnote reference to ownership of the trademarks must be used on all Magical Bridge playgrounds and all marketing, fundraising, and promotional materials in the following format:
“___________________ are trademarks of the Magical Bridge Foundation.” Where appropriate, a subset of this attribution may be used.
The list of registered and unregistered marks will change periodically as pending applications mature to registration, and as such, it is important to determine status of the marks before using either symbol.
Our trademarks should not be joined with other terms (by a hyphen, for instance) nor used with unapproved logos, graphics, photos, slogans, numbers, design features or symbols. Our trademarks should never be “made plural,” never be mixed with other trademarks, and a trademark's spelling should never be altered.
3. ALWAYS USE MAGICAL BRIDGE FOUNDATION TRADEMARKS AS
ADJECTIVES, NEVER NOUNS, AND THE MARKS SHOULD BE FOLLOWED BY THE APPROPRIATE GENERIC TERMINOLOGY.
PAGE 23
Trademarks are meant to signify the brand or source of a product and should not be used in a manner which suggests that the trademark is the name of the product. Companies that allow their trademarks to be used as nouns risk losing their rights in those trademarks. Classic examples of words that began as trademarks but were lost due to misuse include “aspirin,” “escalator” and “cellophane.” Because the public came to see these terms as the product names instead of the brand names, trademark rights were forfeited. The most common mistake is to use the trademark as a noun instead of as an adjective followed by the generic term.
4. DO NOT IMPLY OR SUGGEST THAT A PLAYGROUND BASED ON
MAGICAL BRIDGE FOUNDATION'S DESIGNS OR TECHNOLOGY IS A MAGICAL
BRIDGE PLAYGROUND OR THAT THE MAGICAL BRIDGE FOUNDATION SPONSORS THE PLAYGROUND.
While the Magical Bridge Foundation understands and appreciates your need to accurately describe the designs and technology incorporated into your playgrounds, your playgrounds and promotional or fundraising materials cannot wrongly imply that your playgrounds are Magical Bridge playgrounds, explicitly or implicitly. Care must be taken to clearly distinguish the Magical Bridge Foundation’s playgrounds (and trademarks) from your other playgrounds and marks, as discussed more specifically in these guidelines.
5. NEVER USE A MAGICAL BRIDGE FOUNDATION TRADEMARK AS PART OF YOUR NAME OR TRADEMARK.
Magical Bridge Foundation trademarks may not be used as part of another entity’s mark or name. While the Magical Bridge Foundation’s marks can be used in explanatory fashion, the mark cannot be used as part of another entity or product name.
Also, you may not personify Magical Bridge Foundation trademarks or create characters that represent the trademarks. However, the trademarks may be used in taglines in accordance with the guidelines listed above.
City Council Meeting Agenda ReportItem # _____
Meeting Date: December 11, 2023
Subject: Finding of Public Convenience and Necessity PCN-11-23-16429 to Sell Alcoholic Beverages for Off-Site Consumption at Vira Market at 6189 Mission Street
Recommended Action
Consider a finding that the public convenience or necessity would be served by the issuance of a liquor license by the State Department of Alcohol Beverage Control (ABC).
Background
The applicant, Vikas Saxena on behalf of Vira Market, has filed an application with ABC to sell beer, wine, and distilled spirits (Type 21 License) for off-site consumption at the new Vira Market, located at 6189 Mission Street (see Attachment A – Site Location). According to the applicant, the alcoholic beverages sales would be ancilliary to the govery store’s annual gross sales. The applicant estimates that 79 square feet or approximately nine percent of the store’s 873 square feet total sales floor area would be dedicated to the display of alcoholic beverages (see Attachment B – Grocery Store Floor Plan).
ABC has determined that a finding of Public Convenience and Necessity (PCN) by the Daly City City Council is necessary before it can issue the license. According to ABC, the subject site is located an area of overconcentration of liquor licenses. There are currently five active licenses, where two would normally be permitted. Although crime statistics are included in this staff report, high crime is not the basis for the PCN requirement, rather only the overconcentration of licenses.
In considering the request, the City Council must determine whether the issuance of the license will serve the public convenience or necessity. The applicant is contending that the allowance of alcoholic beverage sales would allow the store to offer residents general retail and groceries without necessitating a second trip to another store for beer or wine, or skipping the store altogether in favor of a grocery store that sells beer or wine.
Discussion
Staff has prepared the following list of facts that the City Council may find useful in determining whether issuance of the license at Vira Market would serve the public convenience or necessity:
1. Vira Market has applied for a Type 21 license for 6189 Mission Street. This license allows for the sale of beer, wine, and distilled spirts for off-site consumption only.
2. The market is in Census Tract 6007.01 and is considered by ABC to be overconcentrated for alcohol sales. There are currently five licenses existing in this Census Tract, while two are normally allowed.
3. There are a total of 14 crime reporting districts in Daly City. According to the Daly City Police Department, there was a total of 10 police reports taken with the address of 6189 Mission
City Council Agenda Report
Public Convenience and Necessity PCN-11-23-16420 December 12, 2023 Vira Market – 6189 Mission Street Page 2 of 3
Street listed. The date range searched for was from 01/01/2017 – 11/20/2023. They range from theft, burglary, battery to domestic disturbances.
4. Vira Market is situated in the C-1 Light Commercial zoning district, where retail stores – including grocery stores that sell alcohol – are a permitted land use. Vira Market is surrounded by other light commercial uses to the north, south, and west, and residential to the east.
5. The following are the uses within proximity to Vira Market that specifically attract and/or serve youth (see Attachment C – Uses That Attract or Serve Youth):
▪Lincoln Park, 901 Brunswick Street, Daly City
▪War Memorial, 6655 Mission Street, Daly City
▪Our Lady of Perpetual Help School, 80 Wellington Ave, Daly City ▪199 Santa Barbara Avenue, Daly City
▪Sears-Lessing Park, Southwest end of Sears Street, San Francisco
6. The Department of Alcoholic Beverage Control (ABC) allows up to two Off-Site licenses within census tract 6007.01. There are five current licenses issued within the census tract (see Attachment D – Existing Type 21 Licenses).
▪6147 Mission Street – Felix Grocery Store, Daly City
▪6157 Mission – Morazan Market, Daly City
▪98 Crocker Avenue – Crocker Market and Liquor, Daly City ▪108 Los Olivos Avenue – BART Grocery, Daly City
▪6001 Mission Street - La Loma Market #4, Daly City
Summary
The City Council may desire to:
1. Deny the request that the public convenience or necessity would be served by the issuance of a Type 21 license to sell beer and wine at Vira Market located at 6189 Mission Street; or
2. Find that persons living in Census Tract 6007.01 are not adequately served by the existing alcoholic beverage sales outlets and that the public convenience or necessity would be served by the issuance of a license for the sale of beer and wine to Vira Market located at 6189 Mission Street.
Respectfully submitted,
Brian Paland Tatum Mothershead
Assistant Planner Director of Economic and Community
Development
City Council Agenda Report
Public Convenience and Necessity PCN-11-23-16420 December 12, 2023 Vira Market – 6189 Mission Street Page 3 of 3
Attachments
Attachment A – Site Location
Attachment B – Grocery Store Floor Plan
Attachment C – Uses That Attract or Serve Youth
Attachment D – Existing Type 21 Licenses
Site Location
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Attachment C –
Uses That Attract or Serve Youth
Attachment D –
Existing Type 21 Licenses
1 ORDINANCE NO. 1469
AN ORDINANCE OF THE CITY OF DALY CITY ADDING CHAPTER 17.58 COMMERCIAL – MIXED USE (C-MU) DISTRICT TO THE DALY CITY MUNCIPAL CODE AND AMENDING THE ZONING MAP – REZONING VARIOUS PARCELS OF APPROXIMATELY 65 ACRES LOCATED ON MISSION STREET AND GENEVA AVENUE FROM C-1 LIGHT COMMERCIAL TO COMMERCIAL-MIXED USE (C-MU) (Parcels on Mission Street and Geneva Avenue shown in attached Exhibit “A”) BE IT ORDAINED by the City Council of the City of Daly City as follows:
SECTION 1: Chapter 17.58 of the Daly City Municipal Code is hereby added to read as follows:
Chapter 17.58
C-MU – COMMERCIAL MIXED-USE DISTRICT
17.58.010 General provisions
17.58.020 Applicability
17.58.030 Permitted Uses
17.58.040 Height Regulations
17.58.050 Lot Area and Lot Width
17.58.060 Lot Coverage
17.58.070 Usable Open Space Requirements
17.58.080 Yard Requirements
17.58.090 Parking
17.58.100 Objective design standards and conformity review
17.58.010 General provisions
To intent of the C-MU Commercial Mixed-Use District is to allow and provide regulatory incentives and/or requirements for developers to construct buildings which contain a high density of housing and/or a vertical mix of uses (e.g., retail or restaurant uses) at the street level and office or residential uses at levels above the street.
17.58.020 Applicability
This Chapter and the regulations contained herein apply to the entire city and more specifically lands identified on the Zoning Map in the C-MU Commercial Mixed Use zoning district, which may be amended, from time to time. This district generally includes parcels fronting Mission Street and Geneva Avenue and includes certain parcels within the BART Station Area Specific Plan intended for mixed-use development. The requirements of this section and Objective Design Standards shall apply to any building permit application received after this ordinance has become effective.
17.58.030 Permitted Uses
Permitted Uses
2 The following structures and uses are permitted in the C-MU district without the requirement for a use permit:
Residential Uses: Multiple-family Dwellings (two or more units), when constructed in conjunction with retail, office, or other non-residential uses at the street level; group home/boarding house; rest home; live/work residential units; accessory dwelling units (per city standards).
Non-residential Uses: Animal grooming not involving overnight boarding; athletic clubs and health studios; assembly uses, including churches, lodges, and social and meeting halls; business and trade schools; childcare facilities and play gyms; hotels, including extended stay hotels; movie theaters and complexes; offices uses, including professional offices, medical and dental offices, and medical clinics; payday lending establishments subject to the separation requirements contained in Chapter 17.40.080; personal service uses, including nail and hair salons, massage businesses where employees are licensed by the State of California; pharmacies; restaurants that do not provide a drive-through window; retail uses, including alcohol sales, not specified as requiring a use permit; seasonal temporary uses (e.g., Christmas tree lots); smoke shops and tobacco store businesses subject to the separation requirements contained in Chapter 17.40.070.
Accessory Uses: The following uses are permitted in the C-MU district when accessory to or commenced concurrently with or subsequent to permitted uses: other accessory uses and structures customarily appurtenant to a multi-family residential permitted use when in compliance with Title 25 of the California Administrative Code; food sales on temporary basis, including farmers markets and food truck sales when subordinate to an existing use on the same parcel; vehicle charging facilities not required by the Green Building Standard Code when proposed on the same parcel as a primary use.
Conditional Uses
The following structures and uses are permitted in the C-MU district upon first receiving approval of a use permit, subject to the requirements of Chapter 17.44: animal hospitals and kennels; businesses whose principal use is for the operation of amusement devices, i.e., arcades; emergency medical care, including urgent care clinics and hospitals; food sales on temporary basis, including farmers markets and food truck sales when not subordinate to an existing use on the same parcel; pharmacies providing a drive-through window; vehicle or equipment rental; and vehicle storage.
Prohibited Uses
The following uses shall not be allowed in the C-MU district: automotive dealers and auto retail, sales, and repair, unless previously operating on the same site prior to January 1, 2008; retailers where more than 10 percent of the store stock retail value is products that are firearms, such as handguns and long guns, to individuals in an open shopping format, or firearm parts, or any business that engages in the repair of firearms and/or firearm parts; car wash and detailing shops; manufacturing uses; outdoor retail sales; parking lots not associated with a primary use, including vehicle charging facilities not required by the Green Building Standard Code; restaurants providing a drive-through window, including operational and physical expansions
3 thereto; service stations, including operational and physical expansions thereto; single-family attached/detached residential uses.
Nonconforming Uses
As required by Chapter 17.42 “Nonconforming Uses” of the Daly City Zoning Ordinance, existing nonconforming uses within the C-MU district shall be permitted to continue or remain until there has been a structural alteration, an enlargement or increase in space occupied, change in the nonconforming use, moving of said nonconforming building, abandonment or discontinuance of the nonconforming use, damage pursuant to Section 17.42.060, or the use has been determined to be a nuisance by the city council, with the following exception: single family residential buildings, and accessory structures, and accessory dwelling units on the same property, that existing on the date of the C-MU zone district adoption shall, for the purpose of the Zoning Ordinance, be considered conforming land uses and modifications to such structures shall be subject to the regulations applicable to single-family homes in the R-1 Single Family District. Furthermore, modifications and updates to the underground storage tanks and parking lot layouts associated with a service station necessary to ensure compliance with local, state, and federal law. Otherwise, the nonconforming use shall be changed to a conforming use and the nonconforming use cannot thereafter be reestablished.
17.58.040 Height Regulations
No new structure in the C-MU district shall exceed ten stories or 120 feet in height, as measured according to DCMC 17.04.010 – Definitions – Building Height. The minimum height of any new structure in the C-MU district shall be three stories or 30 feet. Any new buildings abutting lots zoned R-1 (Single-family Residential District) or R-1/A (Single-family/Duplex Residential District) and over three stories or 30 feet high (whichever is lesser), shall adhere to the transitional height requirements in the C-MU Objective Design Standards.
Building height is measured from the curb at the centerline of the building to the building’s highest point. See Section 17.40.040 of the Daly City Zoning Ordinance for building height exceptions. For building structures with a flat roof, the height of the building shall be measured to the roof, not the parapet. Stair and elevator towers at the building roof may exceed the maximum building height by up to ten feet.
17.58.050 Lot Area and Lot Width
For the purpose of subdividing land, the minimum lot area in the C-MU district shall be 10,000 square feet. This regulation shall not apply to lot assemblages and mergers.
For the purpose of subdividing land, the minimum lot width in the C-MU district shall be 100 feet. This regulation shall not apply to lot assemblages and mergers.
The proposed lot area and lot width are higher than the minimum lot areas and widths required within other City zoning districts to 1) encourage lot mergers or the assemblage of smaller contiguous parcels to develop a larger residential or mixed-use project and 2) prohibit sites larger than 10,000 square feet to subdivide into sites smaller than 10,000 square feet.
17.58.060 Lot Coverage
4 A minimum of 50 percent of the lot is required to be covered by new buildings and structures in the C-MU district, not including stormwater treatment structures, carports, and accessory structures. A maximum of 100 percent of the lot shall be allowed to be covered by buildings and structures in the C-MU district. New buildings abutting lots zoned R-1 (Single-family Residential District) or R-1/A (Single-family/Duplex Residential District) and over three stories or 30 feet high (whichever is lesser) shall follow the transitional height requirements and yard requirements in the C-MU Objective Design Standards.
17.58.070 Usable Open Space Requirements
The requirements for usable open space shall follow the City’s existing requirements in Section
17.38.020 of the Zoning Ordinance or requiring 150 square feet of usable open space for each dwelling unit. However, the C-MU district shall allow flexibility in which the 150 square feet calculation may include private open space for the dwelling unit (i.e., decks and balconies), shared open space for the building’s occupants (i.e., terraces, roof decks, etc.), and publicly accessible open space on the ground floor. All private open space shall be improved as usable amenity space to the satisfaction of the Planning Division.
17.58.080 Yard Requirements
All structures in the C-MU district shall be subject to the following regulations:
A. Minimum Front Yard. Minimum front yard shall be dependent on the existing sidewalk width along the primary building frontage to create a minimum of a 10-foot sidewalk if the primary building frontage is along Mission Street and a 10-foot sidewalk if the primary building frontage is along Geneva Avenue. Any new sidewalk within the property line will require a public right-of-way easement or dedication to the City.
B. Maximum Front Yard. The building structure shall be set back no more than ten feet from the property line. The setback space may be used for landscape or usable open space but not parking. Larger setbacks are allowed where needed for usable public gathering space, driveways, or garage entries.
C. Minimum Rear Yard. No requirement. If the building structure is abutting lots zoned R-1 (Single-family Residential District) or R-1/A (Single-family/Duplex Residential District) and over three stories or 30 feet high (whichever is lesser), the project must adhere to C- MU Objective Design Standards that address context sensitivity.
D. Minimum Side Yard. No requirement. If the building structure is abutting lots zoned R-1 (Single-family Residential District) or R-1/A (Single-family/Duplex Residential District) and over three stories or 30 feet high (whichever is lesser), the project must adhere to C- MU Objective Design Standards that address context sensitivity.
17.58.090 Parking
Parking shall for new construction adhere to Chapter 17.34 – Off-Street Parking and Loading, unless otherwise superseded by State law. Applications for new development seeking parking
5 reductions pursuant to State law shall provide an analysis as to how the proposal qualifies for the parking reduction sought as part of a complete application.
17.58.100 Compliance with Comprehensive Airport Land Use Compatibility Plan Within the Mission Street corridor, all property transfers shall provide a real state disclosure to the land purchaser that the property being transacted is located within both Airport Influence Area (AIA) A & B boundaries for San Francisco International Airport and that, due to the property’s proximity to the airport, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations. The disclosure shall be provided in title documents acknowledged by the property purchaser. Failure to provide this disclosure shall be considered a violation of this chapter.
17.58.110 Objective design standards and conformity review Construction of all new buildings, additions of full or partial floors or additional building height to existing buildings shall conform to the Objective Design Standards (ODS) adopted by the City Council. The intention of the ODS is that they be implemented using no personal or subjective judgment by the Planning Division staff. The Objectives Design Standards shall provide guidance for Site Design, Building Design, Context Sensitivity, and Landscaping.
Not less than 180 days prior to the submittal of any building permit for construction subject to the ODS, the applicant shall request Conformity Review from the Planning Division staff to ensure that the project for which the permit is sought is in conformance with the ODS. Upon receipt of the Conformity Review submittal, the Planning Division staff shall determine if the project conforms to the ODS. Within 45 calendar days of the submittal, the Planning Division shall provide the applicant with its written findings and recommendations. The applicant shall consider any recommendations made by the Planning Division staff and shall resubmit the project for re-review, if necessary. Within 30 calendar days of the re-submittal, the Planning Division staff shall provide the applicant with the written findings and recommendations. All subsequent re-reviews of the Design Review Consultant shall be allotted the same 30-day review.
Should the applicant fail to address the recommendations of the Planning Division staff, the Planning Division shall not approve the release of any building permit to construct the project.
Should the applicant disagree with the recommendations of the Planning Division staff, the applicant may appeal the specific recommendations with which the applicant disagrees to the City Council, which shall consider the appeal within 30 calendar days. This consideration shall occur without public notice to adjacent property owners. The City Council may not itself request review of the project.
The Conformity Review process outlined in this section shall be a review of the ODS only and shall not include review by other City departments/divisions, which shall instead be conducted at the time of building permit submittal.
SECTION 2: Zoning Reclassification. The zoning as designated upon the “Official Zoning Map” of the City of Daly City, as adopted by Daly City Ordinance 635, and thereafter amended from time to time, is hereby changed as to the parcel or parcels identified on the attached Exhibit “A”, and that in accordance with Title 17 of the Daly City Municipal Code, the
6 zoning for the real property hereinafter described is hereby amended so as to change the zone classification of the property from Commercial Light to Commercial-Mixed Use (C-MU), as such zones are designated and defined by Ordinance 635, Daly City Municipal Code Title 17.
SECTION 3: Effective Date; Publication and Posting. Pursuant to the provisions of Government Code Section 36933, a summary of this ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this ordinance is scheduled to be adopted, the City Clerk shall (1) publish the summary, and (2) post it in the City Clerk’s office a certified copy of this ordinance. Within fifteen (15) days after the adoption of this ordinance, the City Clerk shall (1) publish the summary and (2) post in the City Clerk’s office a certified copy of the full text of this ordinance along with the names of those City Council members voting for and against this ordinance or otherwise voting. This ordinance shall become effective thirty (30) days from and after its adoption Clerk shall post in the Office of the City Clerk a copy of the full text of this Ordinance in compliance with Government Code Section 36933(c)(1).
SECTION 4: Environmental Determination.The City Council finds, pursuant to Title 14 of the California Code of Regulations that an Addendum to the General Plan’s Certified Environmental Impact Report is the appropriate environmental review for the proposed changes to the Zoning Ordinance, Zoning Map and General Plan.
SECTION 5: Severability.If any section, subsection or sentence of this Ordinance is found by a court of competent jurisdiction to be invalid or unlawful, the City Council finds and declares that the remainder of this Ordinance would be and is enforceable and would have been adopted notwithstanding the finding of invalidity as to any section, subsection or sentence.
Introduced this 27 th day of November , 2023.
Passed and adopted as an Ordinance of the City of Daly City at a regular meeting of the City Council of the City of Daly City held on the day of 2023, by the following vote:
AYES, Councilmembers
NOES, Councilmembers
ABSENT, Councilmembers:
__________________________________________
CITY CLERK OF THE CITY OF DALY CITY
APPROVED:
MAYOR OF THE CITY OF DALY CITY
7 EXHIBIT “A”
8