Agenda packet — Daly City City Council, March 11, 2024 (part 1 of 2)

AVAILABILITY OF PUBLIC RECORDS:

All public record to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the City Clerk’s Office, City Hall located at 333 90 th Street, Daly City, CA during normal business hours, at the same time that the public records are distributed or made available to the legislative body.

CITY OF DALY CITY
Regular Meeting - CITY COUNCIL
AGENDA
Monday, March 11, 2024 - 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.

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Agenda – City Council
Monday, March 11, 2024

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CALL TO ORDER:

PLEDGE TO THE FLAG:

ROLL CALL:

APPROVAL OF MINUTES:

1. Regular Meeting of February 26, 2024

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.

Communications:

2. 2024 4th Quarter Investment Report

3. Receive and File Housing Successor Agency Annual Report For Fiscal Year 2022-2023

Resolutions:

4. Annual Delegation of Authority to City Treasurer to Invest City Funds

5. Professional Services Agreement to Revise the 2015 Planned Retreat Management Plan for Mussel Rock Landfill

6. Authorize the City Manager to Execute a Memorandum of Understanding and Temporary Construction License with Kimco Westlake L.P. for the RO 572 Streetlight Conversion Project

7. Approve Salary Reassignments for the Fire Chief and Deputy Fire Chief Positions

8. Accept and Appropriate CalRecycle SB 1383 Local Assistance Grant Program

9. Accept and Appropriate Mattress Recycling Council Grant for a Pilot Study Project on Illegally Dumped Mattresses

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Agenda – City Council
Monday, March 11, 2024

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10. Consider Partnership with Camp Unity to Host a 6-week Summer Camp Program at the Bayshore Community Center and Luau Finale at the Pacelli Event Center

11. Notice of Completion for the Outdoor Fitness Court Site Work: Lincoln Park, Westlake Park Project

END OF CONSENT AGENDA

AWARD OF BIDS/CONTRACTS:

12. Adopt Resolution Appropriate Funds and Award a Construction Contract for the Civic Center North Human Resources Tenant Improvements Project
STAFF: Richard Chiu, Jr.

RECOMMENDATION: Adopt Resolution by Roll Call Vote

RESOLUTIONS:

13. Accept 2024 Statement of Investment Policy Update
STAFF: Daneca Halvorson

RECOMMENDATION: Adopt Resolution by Roll Call Vote

APPOINTMENTS: Board/Commission Membership Committee Appointments

REPORTS:

14. Council Committee

15. City Council

16. Staff

ADJOURNMENT:

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CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
FEBRUARY 26, 2024
--------------------------------
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 Manalo at 7:09 P.M.

ROLL CALL: Councilmembers Present:

Juslyn C. Manalo, Mayor
Roderick Daus-Magbual, Vice Mayor
Pamela DiGiovanni
Glenn R. Sylvester

Staff Present:

Thomas J. Piccolotti, City Manager
Rose L. Zimmerman, City Attorney
K. Annette Hipona, City Clerk

PRESENTATIONS:

Proclamation – American Heart Month 2024

APPROVAL OF MINUTES:

Regular Meeting of February 12, 2024

It was moved by Councilmember DiGiovanni, seconded by Vice Mayor Daus-Magbual and carried by the unanimous roll call vote to approve the minutes of February 12, 2024.

APPROVAL OF AGENDA:

It was moved by Councilmember DiGiovanni, seconded by Vice Mayor Daus-Magbual and carried to approve the agenda.

PUBLIC APPEARANCES:

Nick Occhipinti voiced concern with the City being behind in having district elections, noting the upcoming special election to fill a vacant City Council seat. Occhipinti urged the Council to have a plan to have district elections at the next City Council meeting in order to be compliant with state law and to avoid fees and fines.

The following speakers urged the Council to appoint Manufou Liaiga-Anoa’i to the vacant City Council seat. Speakers provided testaments to Manufou’s character and leadership roles in the community, particularly in the Pacific Islander community. Manufou was described as credible, smart, transparent, fair, qualified, and as a great representative of the Pacific Islander community by various speakers. Individuals pointed out the overwhelming support Manufou had from Daly City voters, citing Manufou’s standing in 4
th place for City Councilmember at the last election, noting the over 6,000 votes cast for Manufou. Commenters highlighted Manufou’s accomplishments and experience including: four

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CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
FEBRUARY 26, 2024
2 decades of policy and political experience demonstrating her commitment to service, making things happen in the community towards positive change, empowering youth through advocacy for education and summer programs, her urban planning background, and her passion for the Polynesian community.

Speakers also pointed out the importance of inclusivity and equity referring to their support for Manufou to be selected as the fifth Councilmember.

Sam Finau Gaynor Siataga J.R. Tagata, SALT
Vou Aumavae, PICP Tiffany Hautau Reno Anoa’i
Bridget Badasow Sam Tagaloa, STAG Ana Petero
Peter Lang, Roofers Local 40

Manufou Liaiga-Anoa’i asked the Council to consider the overwhelming support she received as a candidate for Council from the past election, and to consider appointing her to the vacant City Council seat as an alternative to having an application process. Liaiga-Anoa’i spoke about her proven leadership as an elected public servant and her love for the community, and stated she would use her voice for the people in the community. Liaiga-Anoa’i thanked the community members who stood with her.

Hibah spoke about the Council failing the community and referred to the ICE raids, the death of Roger Allen by the police, the lack of acknowledgement of Palestinian constituents by not calling for a permanent cease-fire in Gaza, and the failure to protect the community garden. Hibah spoke about community members who were positively impacted by the garden by providing a green space and urged the Council to look at other alternatives.

CONSENT AGENDA:

It was moved by Councilmember DiGiovanni, seconded by Vice Mayor Daus-Magbual and carried to approve the consent agenda with the exception of items #5, 6, and 7.

Resolutions:

2023 Mandated Fire and Life Safety Inspections

Resolution 24- 29, Acknowledging North County Fire Authority Regarding The Inspection Of Certain Occupancies Required To Perform Annual Inspections In Such Occupancies Pursuant To Sections 13146.2 And 13146.3 Of The California Health And Safety Code

Authorize the City Manager to Execute Amendment to the Agreement for the Installation of Conduit with Intermountain Infrastructure Group, LLC

Resolution 24- 30, Authorizing Amendment To Agreement With Intermountain Infrastructure Group, LLC For Installation Of Conduit

Approve Co-Hosting the Pacific Islands Together 10th Annual SHINE Family Day Festival at Gellert Park

Assistant to the City Manager Leilani Ramos provided the staff report for the festival, which takes place on March 18th from 9AM-4PM at Gellert Park. Reina Meafua, President of Pacific Islands Together,

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CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
FEBRUARY 26, 2024
3 thanked Mayor Manalo for providing the platform to share cultures and expressed appreciation for the Council and the City Manager . Meafua described the SHINE festival as an event to bring everyone to celebrate together, and to provide an opportunity to understand each other’s cultures.

It was moved by Mayor Manalo, seconded by Councilmember DiGiovanni and carried by unanimous roll call vote to adopt the resolution.

Resolution 24-31, Approving Co-Hosting The Pacific Islands Together 10th Annual SHINE Family Day Festival At Gellert Park

Approve Resolution in Support of Senate Bill 915 (Cortese) The Autonomous Vehicle Service Deployment Data Transparency Act

Assistant to the City Manager Ramos provided the staff report to address self-driving vehicles in the state of California by prioritizing local government control to ensure a framework for regulation and oversight.

It was moved by Mayor Manalo, seconded by Councilmember DiGiovanni and carried by unanimous roll call vote to adopt the resolution.

Resolution 24- 32, In Support Of Senate Bill 915 (Cortese) The Autonomous Vehicle Service Deployment And Data Transparency Act

Set Time and Place of Public Hearing - Proposed Ordinance Adding Chapter 2.60 - Women's Commission (Set Hearing: 3/11/24)

Assistant to the City Manager Ramos provided the report and referred to last year’s budget priority study session where the Council identified researching a Women’s Commission a priority for fiscal year 2024. Ramos addressed questions regarding commissioner selection, w hether the commission would consist of all women, discussions during the priority study session, and associated costs and fiscal impact.

City Attorney Rose Zimmerman addressed questions regarding the anticipated timeline to fill the vacancy and whether time and place of hearing can be changed.

It was moved by Mayor Manalo, seconded by Vice Mayor Daus- Magbual and failed to have a public hearing for the item on April 8, 2024, by the following roll call vote:

Ayes: Daus-Magbual, Manalo
Noes: DiGiovanni, Sylvester

Check Registers

Check Registers for the Month of January 2024

END OF CONSENT AGENDA

PUBLIC HEARING:

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CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
FEBRUARY 26, 2024
4 General Plan Amendment GPA -04-21-14998, Planned Development PD -04-21-14997, Major Subdivision SUB -04-21-14999, Design Review DR -04-21-15000, and Development Agreement – Serramonte Del Rey Campus Redevelopment - Environmental Assessment: Adoption of Mitigation and Monitoring Program

Planning Manager Michael Van Lonkhuysen provided a project overview, including the Precise Plan for the campus, the affordable housing plan com ponent, the environmental assessment, and the Planning Commission’s recommendations.

Kalimah Salahudin, JUHSD Board President, outlined the district’s goal to consistently find revenue streams and this project’s goals to address the issues with funding the educational needs of students and how JUHSD students receive less funding from the state than their counterparts in the County. Andrew Lie, JUHSD Board Trustee, provided information on the needed revenue to close the funding gap between JUHSD and other school districts. Salahudin highlighted the benefits of the public park (Overlook Park & Community Garden) and the units allotted for residents with i ntellectual development disabilities. Angel Barrios, Program Director of Izzy Early Education, spoke about the services provided by Head Start through the project including free childcare for those who qualify. Teddy Newmyer, Eden Housing, spoke about the proposed affordable housing component on Parcel C , which exceeds the City’s below market rate requirements and addresses the deepest affordability needs. Salahudin was proud of the work that has been done thus far and thanked Daly City staff and JUHSD staff for their collaborative work.

It was moved by Mayor Manalo, seconded by Vice Mayor Daus-Magbual and carried to open the public hearing.

The following speakers expressed support for the Serramonte del Rey redevelopment, urging the Council to approve the project. Individuals were in favor of developing the site, citing the following reasons: addresses the housing crisis in the Bay Area by providing affordable housing and housing for individuals with disabilities, positive impacts for the schools and youth in the district, helps with school staff retention, the project as a long-term and sustainable revenue source for JUHSD, provides critical programs through wraparound services, provides job opportunities, provides high labor standards within the project agreement, connects youth with apprenticeship programs, utilizes underused spaces, puts housing near jobs, and lowers traffic impact.

Alejandro Castano, Carpenters Local 217 Xiaocan Wang, Bay Area Council Nels DeLander, Local 217 Carpenters Ed Evans, Carpenters Local 217 Rick Bonilla, former Mayor of San Mateo Annya Shapiro, DC Youth Health Center Guillermo Chacon, NorCal Carpenters Clayton Koo
Gia Pham, Housing Choices Johnathan Jeremiah, Nor Cal Carpenters

The following speakers opposed the proposed development and agreement and asked the Council not to approve the item. The following reasons were cited as flaws in the plan: unaffordable housing units within the project, negative environmental impacts including elimination of a community garden, the site being on indigenous land, negative impacts to wildlife , health, and climate change, the projec t’s non- sustainability, negative impacts on traffic and property values, lack of a housing shortage, 14 -story high building(s), unfair labor practices and backdoor agreements, Brown Act violations, the lack of affordable housing in Building B, low income h ousing being segregated, and the City being overcrowded. Some voiced their support for the teachers, students and unions.

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CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
FEBRUARY 26, 2024
5 Erick Campbell Nick Occhipinti
Devante Alfredo Olguin Jr.

Catherine Stonewall Jas
Nancy Lacsamana, Garden Alliance/Sierra Club Alex
Julia Flores

Peter Lang, Roofers Local 40, expressed support for unions.

Mayor Manalo thanked everyone who came to speak on the item. Manalo wanted to ensure the project sponsor will be utilizing a robust outreach mechanism, in collaboration with the City, to let people in the community know about the project’s affordable housing opportunities.

It was moved by Mayor Manalo, seconded by Vice Mayor Daus-Magbual and carried to close the public hearing.

Salahudin addressed questions regardi ng revenue information and the timeline for the phase- in approach. Newmyer and City staff addressed questions on whether a preference for Daly City residents can be considered for the affordable housing units. Newmyer addressed questions regarding labor standards and the marketing plan for the units.

Staff addressed question on affordability ratios and the inclusionary housing ordinance, community benefits from the project, amenities inside the buildings, building height, renditions, parking and density, parking spaces for delivery trucks, the phase-in approach timeline for construction, land ownership, whether protected species were identified, zoning, whether amenities for the various parcels are equitable, and availability of wraparound services.

It was moved by Mayor Manalo, seconded by Vice Mayor Daus-Magbual and carried by the following roll call vote to adopt the resolution.

Ayes: Daus-Magbual, DiGiovanni, Manalo
Noes: Sylvester

Resolution 24- 33, Adopting Findings Of Fact For General Plan Amendment GPA -04-21- 14998, Major Subdivision SUB -04-21-14999 And Design Review D R-04-21-15000 And Certifying The Final Environmental Impact Report For Serramonte Del Rey Campus Redevelopment

It was moved by Mayor Manalo, seconded by Vice Mayor Daus -Magbual and carried by unanimous roll call vote to adopt the following urgency ordinance:

Ordinance 1471, Amending The Daly City Zoning Map By Rezoning The Serramonte Del Rey Site To Planned Development Zone (P D-31B) And Establishing Planned Development Standards (APN 091- 211-230)

It was moved by Mayor Manalo, seconded by Vice Mayor Daus -Magbual and carried by unanimous roll call vote to adopt the following urgency ordinance:

Ordinance 1472, An Uncodified Urgency Ordinance Of The City Council Of The City Of Daly City Approving A Development Agreement Between The City Of Daly City And The Jefferson Union High School District Declaring The Urgency Thereof

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CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
FEBRUARY 26, 2024
6 Mayor Manalo called for a 5-minute recess at 11:45 PM and reconvened the meeting at 12:00 AM on February 27, 2024. All City Councilmembers were present.

COMMUNICATIONS:

Resolution Calling to Hold a Special Election on November 5, 2024

City Attorney Rose Zimmerman provided the staff report requiring a special election to be consolidated with the general election in 2024 to fill the current City Council vacancy. City Clerk Annette Hipona addressed a question regarding general election costs.

It was moved by Mayor Manalo, seconded by Councilmember DiGiovanni and carried by unanimous roll call vote to adopt the resolution:

Resolution 24-34, Calling For The Holding Of A Special Election On November 5, 2024 For The Election Of A City Council Member To Fill Vacancy

Consideration of the Application Process for the Appointment of Interim City Councilmember

City Attorney Rose Zimmerman requested Council consideration of the application process by providing a timeline, a draft application, a list of interview questions, and a notice of proposed advertisement locations. Zimmerman addressed questions regarding the application process in 2011, access points for the application, Daly City residence qualifications, a scenario addressing lack of a consensus, how applications will be received, candidate requirements, application deadline and extension, age requirement, how residency and voter status is verified, whether all applicants will be given an interview, the Government Code, interview procedures, ADA access, and how the applications will be distributed to the Council between now and the deadline.

Manufou Liaiga-Anoa’i thanked Mayor Manalo and Councilmember Sylvester with regards to the meeting with Head Start and thanked the community for showing up to show their support for her at tonight’s meeting. Liaiga-Anoa’i asked for confirmation regarding the application online and submitted her application to City Clerk Hipona. Liaiga-Anoa’i looked forward to participating in an open dialogue with all the other candidates during the interview process.

Mayor Manalo declared the application process as being open to the public and noted that interviews will be held in the Council Chambers.

RESOLUTIONS:

Resolution to Authorize a Construction Loan Agreement with the Daly City Joint Powers Financing Authority, the North San Mateo County Sanitation District and the California State Water Resources Control Board and a Financing Agreement with the Daly City Joint Powers Financing Authority in Connection with the Financing of the Vista Grande Drainage Basin Improvement Project

Director of Water and Wastewater Resources Joshua Cosgrove informed the Council the two agreements attached to the item are the exact same ones presented during the Sanitation District meeting.

However, in this case, the entity is the City of Daly City.

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CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
FEBRUARY 26, 2024
7 It was moved by Mayor Manalo, seconded by Vice Mayor Daus-Magbual and carried by unanimous roll call vote to adopt the resolution.

Resolution 24-35, Authorizing A Construction Loan Agreement With The Daly City Joint Powers Financing Authority, The North San Mateo County Sanitation District And The California State Water Resources Control Board And A Financing Agreement With The Daly City Joint Powers Financing Authority In Connection With The Financing Of The Vista Grande Drainage Basin Improvement Project, Establishing One Or More Pledged Sources Of Revenue For Repayment Of Funding, And Taking Certain Other Actions Relating Thereto

REPORTS:

Council Committee

Peninsula Clean Energy (PCE) (Daus-Magbual)
San Mateo County Mosquito and Vector Control District (Sylvester)

City Council

Mayor Manalo reported attendance at the following events: the Consul General of Japan’s home to celebrate the Emperor of Japan’s birthday, with Speaker Pelosi, Senator Becker, Senator Wiener and Mayor Fung, and where Manalo shared that Daly City is the 110th city to have a Sister City in Japan, namely Izumisano City; the Black History Month event at City Hall, acknowledging Recreation staff Leslie DuBridge and Opal Fuller for all their work, the artwork from older adults, the music and food, and acknowledging Vice Mayor Daus-Magbual’s ideas to incorporate SFSU organizations for future events; the grand opening of JAR Insurance on Gellert Boulevard.; the Council of Cities dinner which hosted all the Councilmembers from the County, and acknowledged City Manager Piccolotti and his staff Leilani Ramos, Angelica Zermeno and Charlie Mercado-Morrow for their work, and recognized speakers Assemblymember Ting and Olenka Villareal of Magical Bridge Foundation; the birthday celebration of Pedro Penida, a Veteran who turned 100 years old; and the Classic Bowl event for youth studying digital media hosted by nonprofit Both Sides of the Conversation.

Councilmember DiGiovanni attended the Black History Month event and acknowledged Director Denise Brown and Recreation staff Leslie DuBridge, Opal Fuller, Romeo, David, the Police Department, the Boys and Girls Club, the singers and food, and everyone who participated.

Councilmember Daus-Magbual expressed his wish to revisit the topic of forming a Women’s Commission once the vacancy is filled and there is a full City Council. Mayor Manalo echoed the Vice Mayor’s sentiments.

Staff
City Manager Piccolotti noted an upcoming update regarding the City’s investment policy.

ADJOURNMENT:

Mayor Manalo adjourned the meeting on Tuesday, February 27, 2024 at 1:13 AM in memory of Lucilla Valenzuela, Richard D. Holder, III, Paul Elmstrand, Matthew Ruge, Adam Finseth, Anand Sujith Henry, Alice Priyanka Benzinger, Nathan Henry, Noah Henry, Marlette Viray, and Dolores Callero.

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CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
FEBRUARY 26, 2024
8 Approved as submitted, this 11th
City Clerk
day of March , 2024.

Juslyn C. Manalo
Mayor

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City of Daly City
City of Daly City
Sanitation District
Portfolio Management
Portfolio Summary
December 31, 2023
% of
Portfolio
Book
ValueInvestments
Market
Value
Par
Value
Days to
MaturityTerm
YTM
San Mateo County Pool 178,864,543.45 172.50 3.2261176,605,484.27178,864,543.45 Local Agency Investment Funds 15,005,093.72 16.08 3.534114,908,207.7915,005,093.72 Federal Agency Coupon Securities 28,042,550.78 1,10711.37 4.12278527,727,068.5429,360,000.00 Treasury Coupon Securities 956,041.00 8080.39 2.300166964,102.001,000,000.00 CDs 23,520,000.00 1,2029.53 3.93777322,779,308.6223,520,000.00 Mortgage Back Security 329,345.09 9,8480.14 4.1275,168313,812.09329,345.09 246,717,574.04 100.00%
Investments
243,297,983.31248,078,982.26 258 171 3.412
Cash and Accrued Interest
246,743,915.04Total Cash and Investments
26,341.00Subtotal
26,341.00
243,324,324.31248,078,982.26
26,341.00
26,341.00
258 171 3.412
Accrued Interest at Purchase
Current Year
December 31
688,840.85
Fiscal Year To Date
3,953,229.37
Average Daily Balance
Effective Rate of Return
235,202,775.39 229,556,696.54

3.42%3.45%
Total Earnings Month Ending
Portfolio DALY
CP
Reporting period 12/01/2023-12/31/2023
PM (PRF_PM1) 7.3.11
Report Ver. 7.3.11
Our portfolio conforms to our Statement of Investment Policy and is in compliance with Government Code Section 53646, which requires the ability to meet its expenditure requirements for the next six months. Market Value information provided by Local Agency Investment Fund, San Mateo County Investment Pool, and Sympro.

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Term

Page 1 ends

Par Value Book Value
Maturity
Date
Stated
RateMarket Value
Average
BalanceIssuer
City of Daly City
Sanitation District
Portfolio Management
Portfolio Details - Investments
December 31, 2023
YTMDays to
MaturityCUSIP Investment #
Purchase
Date
San Mateo County Pool
1SAN MATEO COUNTY POOL10105 178,864,543.45 178,864,543.45 3.22606/30/2023 176,605,484.27 1SMCP 3.226 178,864,543.45 1176,605,484.27178,864,543.45164,877,597.73Subtotal and Average 1 3.226 Local Agency Investment Funds
1LAIF10103 14,592,541.29 14,592,541.29 3.53406/30/2023 14,498,319.16 1LAIFCITY 3.534 1LAIF10104 412,552.43 412,552.43 3.53406/30/2023 409,888.63 1LAIFSANI 3.534 15,005,093.72 114,908,207.7915,005,093.7216,908,319.53Subtotal and Average 1 3.534 Federal Agency Coupon Securities
1,079Federal Agricultural Mtg Corp10077 1,015,000.00 1,012,485.85 08/07/20264.65008/24/2023 1,005,480.32 94931422X5S7 4.740 1,475Federal Agricultural Mtg Corp10081 1,000,000.00 880,726.00 10/26/20260.94010/12/2022 888,157.00 1,02931422XGQ9 4.180 1,274Federal Agricultural Mtg Corp10120 2,000,000.00 2,003,480.00 04/01/20274.87510/05/2023 2,003,480.00 1,18631424WAF9 4.820 1,499Federal Agricultural Mtg Corp10133 2,000,000.00 1,927,320.01 12/02/20274.03010/25/2023 1,927,320.01 1,43131422XR95 4.580 1,021Federal Farm Credit Bank10124 2,000,000.00 1,978,900.00 07/06/20264.37509/19/2023 1,969,936.00 9173133EPPE9 4.780 364Federal Home Loan Bank10006 2,000,000.00 2,000,572.00 02/21/20245.05002/22/2023 1,995,552.00 513130AUZN7 5.020 560Federal Home Loan Bank10007 2,000,000.00 2,000,000.00 03/08/20243.37508/26/2022 1,981,656.00 673130AT3H8 3.374 823Federal Home Loan Bank10011 1,000,000.00 994,004.00 09/23/20243.00006/23/2022 975,478.00 2663130ASBU2 3.280 651Federal Home Loan Bank10018 2,000,000.00 1,998,116.00 12/13/20245.00003/03/2023 1,995,840.00 3473130AV5N8 5.060 856Federal Home Loan Bank10024 1,180,000.00 1,161,380.78 02/14/20253.58410/12/2022 1,152,943.78 4103130ATBC0 4.300 784Federal Home Loan Bank10041 1,065,000.00 1,050,008.00 06/27/20253.33005/05/2023 1,031,730.47 5433130ASF87 4.020 1,121Federal Home Loan Bank10064 2,000,000.00 1,800,000.00 02/12/20260.55001/18/2023 1,792,926.00 7733130AKVR4 4.050 1,820Federal Home Loan Bank10068 1,020,000.00 1,020,000.00 05/26/20260.95006/01/2021 914,897.16 8763130AMLL4 0.950 1,628Federal Home Loan Bank10087 1,380,000.00 1,329,578.94 03/12/20273.00009/26/2022 1,299,573.60 1,1663130A3DU5 3.900 1,468Federal Home Loan Bank10091 1,400,000.00 1,273,959.40 05/24/20271.25005/17/2023 1,234,695.00 1,2393130AMGY2 3.680 1,617Federal Home Loan Bank10100 1,000,000.00 859,150.00 01/27/20280.65008/24/2023 856,065.00 1,4873130AKT48 4.550 887Federal Home Loan Mtg Corp10042 2,000,000.00 1,821,752.00 07/21/20250.37502/15/2023 1,838,206.00 5673137EAEU9 4.270 1,357Federal Home Loan Mtg Corp10049 1,000,000.00 978,059.00 09/24/20250.57001/06/2022 912,723.00 6323134GWUG9 1.175 1,626Federal National Mtg Assn10095 2,300,000.00 1,953,058.80 08/25/20270.74003/13/2023 1,950,409.20 1,3323136G4X99 4.520 28,042,550.78 78527,727,068.5429,360,000.0028,380,306.26Subtotal and Average 1,107 4.122 Treasury Coupon Securities
808U.S. Treasury10009 1,000,000.00 956,041.00 06/15/20240.25003/30/2022 964,102.00 16691282CCG4 2.300 956,041.00 166964,102.001,000,000.00956,041.00Subtotal and Average 808 2.300 CDs
1,094AUSTIN CAPITAL BANK10070 248,000.00 248,000.00 05/29/20264.60005/31/2023 242,750.58 87905220JAE1 4.605 731ALABAMA CU10017 249,000.00 249,000.00 11/22/20244.90011/22/2022 246,841.17 32601025RAD1 4.907 1,826ALLIANT CU10099 248,000.00 248,000.00 12/30/20274.85012/30/2022 244,108.38 1,45901882MAA0 4.853 Portfolio DALY
CP
PM (PRF_PM2) 7.3.11
Report Ver. 7.3.11

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Term

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Par Value Book Value
Maturity
Date
Stated
RateMarket Value
Average
BalanceIssuer
City of Daly City
Sanitation District
Portfolio Management
Portfolio Details - Investments
December 31, 2023
YTMDays to
MaturityCUSIP Investment #
Purchase
Date
CDs
1,096ALLIANT CU10132 248,000.00 248,000.00 11/20/20265.60011/20/2023 248,000.00 1,05401882MAJ1 5.605 1,461ALLY BANK10066 246,000.00 246,000.00 04/28/20262.85004/28/2022 230,671.74 84802007GQH9 2.852 1,308AMERICA FIRST NCU10088 248,000.00 248,000.00 03/31/20275.05008/31/2023 245,860.26 1,18503065YAB7 5.050 1,460AUSTIN TELCO FCU10083 248,000.00 248,000.00 11/27/20265.05011/28/2022 245,710.46 1,061052392CC9 5.054 1,097BARCLAYS BANK10026 247,000.00 247,000.00 03/10/20251.70003/09/2022 233,580.74 43406740KPB7 1.465 1,462BAXTER CU10084 249,000.00 249,000.00 01/25/20274.50001/24/2023 242,604.93 1,12007181JAY0 4.504 1,826BAYCOAST BANK10033 247,000.00 247,000.00 03/31/20250.90003/31/2020 230,355.16 455072727BG4 0.900 1,458BANK FIVE NINE10089 248,000.00 248,000.00 05/12/20274.40005/15/2023 240,630.43 1,227062119BU5 4.403 1,827BANK HAPAOLIM10057 249,000.00 249,000.00 12/15/20250.50012/14/2020 223,184.68 71406251A2Q2 0.456 1,826BMO HARRIS BANK10059 249,000.00 249,000.00 12/18/20250.50012/18/2020 222,938.42 71705600XBQ2 0.500 366BLUEPEAK CREDIT UNION10117 248,000.00 248,000.00 09/26/20245.75009/26/2023 248,126.48 26909644EAM4 5.765 731BMW Bank10034 244,000.00 244,000.00 04/14/20254.65004/14/2023 240,491.04 46905580AY57 4.657 1,097CALIFORNIA CREDIT UNION10127 248,000.00 248,000.00 10/26/20265.45010/25/2023 248,000.00 1,029130162BC3 4.733 1,826CAPITAL ONE NA10082 248,000.00 248,000.00 11/17/20261.10011/17/2021 217,788.89 1,05114042RQB0 1.101 1,461CARTER FEDERAL CREDIT UNION10123 248,000.00 248,000.00 10/18/20275.10010/18/2023 248,000.00 1,38614622LAP7 5.104 1,096COMMUNITY COMMERCE BK10043 249,000.00 249,000.00 07/28/20253.00007/28/2022 237,757.90 57420367GBC2 3.000 1,096COMMUNITYWIDE CU10061 248,000.00 248,000.00 01/06/20264.70001/06/2023 243,625.53 73620416TAX0 4.704 914CHARTWAY FCU10058 248,000.00 248,000.00 12/16/20255.05006/16/2023 245,475.11 71516141BAD3 5.058 731CBIC BANK10039 244,000.00 244,000.00 05/16/20254.80005/16/2023 240,884.36 50112547CBG2 4.807 731CLEARVIEW CU10048 248,000.00 248,000.00 09/08/20255.50009/08/2023 247,603.70 61618508CAA0 5.508 731CME FEDERAL CREDIT UNION10118 248,000.00 248,000.00 09/12/20255.50009/12/2023 247,608.66 62012574EAC4 5.507 733CONNEXUS CU10107 248,000.00 248,000.00 06/23/20255.15006/21/2023 246,110.49 53920825WBR0 5.157 1,096CROSS RIVER BANK10067 244,000.00 244,000.00 05/19/20264.65005/19/2023 239,182.95 869227563CH4 4.655 1,097DISCOVER BANK10036 246,000.00 246,000.00 04/28/20252.80004/27/2022 235,602.56 483254673B70 2.419 1,827DORT FCU10101 247,000.00 247,000.00 05/24/20284.35005/24/2023 237,556.45 1,60525844MAW8 4.591 1,096EAGLEBANK10065 248,000.00 248,000.00 04/21/20264.65004/21/2023 243,124.32 84127002YFV3 4.655 368ESTACADO FEDERAL CREDIT UNION10122 248,000.00 248,000.00 5.70010/13/2023 248,000.00 28829731RAB1 5.716 10/07/2024 1,461FNB OF MIDDLE TENNESSEE10090 248,000.00 248,000.00 05/19/20274.45005/19/2023 241,074.60 1,23432116QBK1 4.454 1,096FIRST CITIZENS BK10050 244,000.00 244,000.00 10/28/20254.70010/28/2022 239,895.92 666319477AN5 4.704 732FIRST FOUNDATION BANK10020 244,000.00 244,000.00 12/16/20244.50012/15/2022 240,656.96 35032026UZR0 3.642 1,8271ST FINANCIAL BK10094 249,000.00 249,000.00 08/02/20273.30008/01/2022 231,954.21 1,30932022RSG3 3.254 1,097FIDELITY CO-OP BANK10060 248,000.00 248,000.00 12/22/20254.85012/21/2022 244,458.81 721316077EV4 4.736 1,8261ST NATL BANK10093 249,000.00 249,000.00 07/29/20273.45007/29/2022 233,271.67 1,30532110YYH2 3.452 1,826FORBRIGHT BANK10098 248,000.00 248,000.00 12/15/20274.00012/15/2022 236,214.30 1,44434520LAY9 4.002 731FORDYCE BANK&TRUS10030 244,000.00 244,000.00 03/20/20255.15003/20/2023 242,307.37 44430191KAE1 5.158 1,095FREEDOM NORTHWEST CREDIT UNION10119 248,000.00 248,000.00 09/18/20265.35009/19/2023 247,682.06 991356436AQ8 5.355 731FIRST TECHNOLOGY FCU10025 248,000.00 248,000.00 03/07/20255.00003/07/2023 245,784.62 43133715LEQ9 5.008 1,826GOLDMAN SACHS BANK10075 249,000.00 249,000.00 07/28/20260.95007/28/2021 220,074.67 93938149MXJ7 0.951 Portfolio DALY
CP
PM (PRF_PM2) 7.3.11

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Term

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Par Value Book Value
Maturity
Date
Stated
RateMarket Value
Average
BalanceIssuer
City of Daly City
Sanitation District
Portfolio Management
Portfolio Details - Investments
December 31, 2023
YTMDays to
MaturityCUSIP Investment #
Purchase
Date
CDs
914GREENSTATE CU10052 248,000.00 248,000.00 10/28/20254.75004/28/2023 244,037.95 66639573LDW5 4.763 1,275HAPO COMMUNITY CU10085 248,000.00 248,000.00 02/26/20275.00008/31/2023 245,431.22 1,15241138NAB4 4.999 1,096HAWAII CENTRAL FCU10130 248,000.00 248,000.00 10/27/20265.50010/27/2023 248,000.00 1,030419700AG4 5.505 731HOPE FEDERAL CREDUT UNION10116 248,000.00 248,000.00 09/25/20255.50009/25/2023 247,620.81 63343942MAA0 5.507 731HUGHES FCU10047 248,000.00 248,000.00 08/29/20255.35008/29/2023 246,919.71 606444425AB8 5.358 1,096INSPIRE FCU10073 248,000.00 248,000.00 06/30/20265.00006/30/2023 245,227.86 911457731AQ0 5.005 549INTRUST BANK10014 244,000.00 244,000.00 10/21/20244.95004/21/2023 242,149.50 29446124GBB3 4.964 731JOHN MARSHALL BANK10038 248,000.00 248,000.00 05/12/20254.70005/12/2023 244,452.61 49747804GKS1 4.707 1,826JP MORGAN CHASE BK10053 249,000.00 249,000.00 10/30/20250.50010/30/2020 224,361.45 66848128UQJ1 0.500 366LIBERTY FCU10008 248,000.00 248,000.00 03/08/20245.10003/08/2023 247,622.30 6753052LAK5 5.115 1,462LIBERTY FIRST CU10096 248,000.00 248,000.00 08/30/20275.00008/29/2023 245,706.74 1,337530520AM7 5.004 1,826LIVE OAK BANK10063 249,000.00 249,000.00 02/10/20260.50002/10/2021 221,406.57 771538036NE0 0.500 1,826LUANA SAVINGS BANK10056 249,000.00 249,000.00 11/18/20250.40011/18/2020 223,448.87 687549104TK3 0.400 731MAGNIFI CU10040 248,000.00 248,000.00 05/30/20255.00005/30/2023 245,554.72 51555955TAA3 5.007 1,827MAINE SAVINGS CU10102 248,000.00 248,000.00 08/25/20284.85008/25/2023 243,238.90 1,698560507AR6 4.855 731MANUF&TRADERS BANK10028 244,000.00 244,000.00 03/17/20255.25003/17/2023 242,651.90 441564759SC3 5.258 1,826MEDALLION BANK10062 249,000.00 249,000.00 01/29/20260.45001/29/2021 221,436.95 75958404DJN2 0.443 1,209MORGAN STANLEY PVT BK10005 249,000.00 249,000.00 01/27/20240.30010/05/2020 244,966.70 2661768U2E6 0.360 1,827MORGAN STANLEY PVT BK10022 247,000.00 247,000.00 12/26/20241.90012/26/2019 235,949.47 36061690UQU7 1.902 732MOUNTAIN AMERICA FCU10013 249,000.00 249,000.00 10/15/20244.75010/14/2022 246,620.56 28862384RAQ9 4.756 731NORTHERN BANK&TRUST10045 248,000.00 248,000.00 08/18/20255.05008/18/2023 245,589.94 59566476QEC8 5.058 1,826NELNET BANK10086 247,000.00 247,000.00 03/09/20271.90003/09/2022 220,625.09 1,16364034KBE0 1.901 1,461NEWBURYPORT BK10080 244,000.00 244,000.00 10/06/20264.00010/06/2022 234,673.10 1,009651023FQ1 4.003 1,461NEW ORLEANS FIRE10129 248,000.00 248,000.00 10/25/20275.10010/25/2023 248,000.00 1,393647608AK4 5.104 731OKLAHOMA'S CU10016 249,000.00 249,000.00 11/22/20244.85011/22/2022 246,703.22 32667886WAC1 4.857 731ONE COMMUNITY BANK10031 248,000.00 248,000.00 03/21/20255.15003/21/2023 246,269.46 445682325DE2 5.159 732PARKWAY BANK & TRUST10012 244,000.00 244,000.00 10/07/20244.05010/06/2022 240,060.38 28070153RLK2 3.275 731PINNACLE BANK10035 248,000.00 248,000.00 04/14/20254.65004/14/2023 244,399.54 46972345SLK5 4.657 1,826PROMISEONE BANK10032 247,000.00 247,000.00 03/26/20250.90003/26/2020 230,282.79 45074348HAG3 0.901 1,461RAIZ FEDERAL CREDIT UNION10121 244,000.00 244,000.00 10/06/20275.10010/06/2023 244,000.00 1,37475102EAV0 5.104 1,827RAYMOND JAMES BANK10023 247,000.00 247,000.00 12/30/20241.85012/30/2019 235,613.79 36475472RAU5 1.852 1,826SALLIE MAE BANK10072 249,000.00 249,000.00 06/30/20260.90006/30/2021 220,437.46 9117954506X8 0.900 1,826STATE BANK OF INDIA, NY10108 248,000.00 248,000.00 09/28/20261.10009/28/2021 218,854.30 1,001856285XK2 1.101 1,097SCE FEDERAL CREDIT UNION10114 248,000.00 248,000.00 10/05/20265.30010/04/2023 248,000.00 1,00878413RAD9 5.177 1,096SOUTHER FIRST BANK10069 248,000.00 248,000.00 05/26/20264.65005/26/2023 243,062.32 87684287PHR6 4.655 1,096SHARONVIEW FCU10054 249,000.00 249,000.00 10/31/20254.85010/31/2022 246,253.53 669819866BR4 5.004 1,097SIGNATURE FCU10071 248,000.00 248,000.00 06/08/20264.80006/07/2023 243,975.46 88982671DAC1 4.688 1,098SPACE COAST CU10078 248,000.00 248,000.00 08/31/20265.35008/29/2023 247,625.52 97384614AAJ8 5.351 Portfolio DALY
CP
PM (PRF_PM2) 7.3.11

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Term

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Term

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Par Value Book Value
Stated
RateMarket Value
Average
BalanceIssuer
City of Daly City
Sanitation District
Portfolio Management
Portfolio Details - Cash
December 31, 2023
YTMDays to
MaturityCUSIP Investment #
Purchase
Date

0.00 171235,202,775.39 248,078,982.26 258 3.412
0 0
26,341.00
26,341.00
26,341.00
26,341.00
Subtotal
Accrued Interest at PurchaseAverage Balance
243,324,324.31
246,743,915.04Total Cash and Investments
Portfolio DALY
CP
PM (PRF_PM2) 7.3.11

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City of Daly City
City of Daly City
Maturity Report
Sorted by Maturity Date
Receipts during October 1, 2023 - December 31, 2023
Rate
at MaturityPar Value
Sec.

TypeFund
Maturity
Date
Maturity
ProceedsInterest Income
Net
CUSIP Investment # Issuer
Purchase
Date
Book Value
at Maturity
1,000,000.00 0.550 1,002,750.002,750.0002/22/2023FFCB100013133ENEX4 FACGENERAL 11/24/2023 35,356.00967,394.00 248,000.00 5.000 249,019.181,019.1812/29/2022WASTEM10004939769AC9 MC1GENERAL 12/29/2023 1,019.18248,000.00 1,251,769.18Total Maturities 1,248,000.00 3,769.181,215,394.00 36,375.18 Portfolio DALY
CP
Run Date: 03/04/2024 - 15:59 MA (PRF_MA) 7.3.11
Report Ver. 7.3.11

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City of Daly City
City of Daly City
Purchases Report
Sorted by Fund - Fund
October 1, 2023 - December 31, 2023
Original
Par Value
Ending
Book Value
Sec.

TypeFund
Maturity
YTM
Accrued Interest
at PurchasePayment Periods DateCUSIP Investment # Issuer Purchase
Date
Principal
Purchased
Rate at
Purchase
General Fund
248,000.00 5.300 10/05/2026 248,000.00248,000.0010/04/2023 5.17711/04 - MonthlySCE1011478413RAD9 MC1GENERAL 2,000,000.00 4.875 04/01/2027 2,003,480.002,003,480.00 1,625.0010/05/2023 4.82003/29 - 09/29FAMC1012031424WAF9 FACGENERAL 244,000.00 5.100 10/06/2027 244,000.00244,000.0010/06/2023 5.10411/06 - MonthlyRAIZ1012175102EAV0 MC1GENERAL 248,000.00 5.700 10/15/2024 248,000.00248,000.0010/13/2023 5.71611/13 - MonthlyESTA1012229731RAB1 MC1GENERAL 244,000.00 5.300 10/16/2025 244,000.00244,000.0010/16/2023 5.30704/16 - 10/16WEST1012595763PQF1 MC1GENERAL 248,000.00 5.100 10/18/2027 248,000.00248,000.0010/18/2023 5.10411/18 - MonthlyCART1012314622LAP7 MC1GENERAL 248,000.00 5.100 10/20/2027 248,000.00248,000.0010/20/2023 5.10411/20 - MonthlyUTD10126913065AC2 MC1GENERAL 248,000.00 5.450 10/26/2026 248,000.00248,000.0010/25/2023 4.73304/25 - 10/25CALIF10127130162BC3 MC1GENERAL 2,000,000.00 4.030 12/02/2027 1,927,320.011,927,320.01 Received10/25/2023 4.58012/02 - 06/02FAMC1013331422XR95 FACGENERAL 248,000.00 5.100 10/25/2027 248,000.00248,000.0010/25/2023 5.10411/25 - MonthlyNEWORL10129647608AK4 MC1GENERAL 248,000.00 5.500 10/27/2026 248,000.00248,000.0010/27/2023 5.50511/27 - MonthlyHAWAI10130419700AG4 MC1GENERAL 248,000.00 5.600 11/20/2026 248,000.00248,000.0011/20/2023 5.60512/20 - MonthlyALLI1013201882MAJ1 MC1GENERAL Subtotal 6,402,800.016,402,800.01 1,625.006,472,000.00
6,402,800.01Total Purchases 6,472,000.00 1,625.00 6,402,800.01 Portfolio DALY
CP
PU (PRF_PU) 7.3.11
Report Ver. 7.3.11

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City Council Agenda ReportItem #
Meeting Date: March 11, 2024
Subject: Receive and File Housing Successor Agency Annual Report For Fiscal Year 2022- 2023
Recommended Action
It is recommended that the City Council receive and file the Housing Successor Agency Annual Report for Fiscal Year 2022-2023.

Background
The City of Daly City is the Housing Successor Agency to the former Daly City Redevelopment Agency, as established by resolution in January 2012. The Housing Successor Agency is required to complete an Annual Report regarding the Low and Moderate Income Housing Asset Fund pursuant to California Health and Safety Code Section 34176.1. The purpose of the report is to provide the governing body of the Housing Successor Agency with an annual report on the housing assets and activities of the Housing Successor Agency. The current report sets forth certain details of the City of Daly City’s Housing Successor Agency activities for Fiscal Year 2022-2023.

The report is due to the California Department of Housing and Community Development (“HCD”) by April 1st of each year and must be posted to the City’s website. The report for Fiscal Year 2022-2023 will be submitted to HCD following official receipt by the City Council.

Discussion
In the Annual Report, for the Fiscal Year 2022-2023, the Housing Asset Fund received a total of $260,813 in revenues and expended a total of $131,945, of which $106,241 was administrative costs and $25,704 to assist the development of an affordable housing project at 493 Eastmoor. The Housing Asset Fund balance consists of cash, investments and assets held by the Housing Successor which as of June 30, 2023 has a fund balance of $4,166,618.

Summary/Conclusion
Staff recommends the City Council receive and file the Housing Successor Annual Report for Fiscal Year 2022-2023. Staff is available to provide any additional information desired by the Mayor or City Council Members.

Respectfully submitted,
Betsy ZoBell Tatum Mothershead Housing and Community Development Manager Director of Economic and Community Development

Attachment: Daly City Housing Successor Annual Report for Fiscal Years 2022-2023

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HOUSING SUCCESSOR ANNUAL REPORT FOR FISCAL YEAR 2022-23 City of Daly City

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TABLE OF CONTENTS INTRODUCTION ....................................................................................................................... 2 Scope of this Housing Successor Annual Report ................................................................... 2 Assets Transferred to the Housing Successor ....................................................................... 2 BACKGROUND ......................................................................................................................... 3 Legal Requirements Pertaining to Housing Successors .......................................................... 3 Permitted Uses of Housing Asset Funds ................................................................................ 4 Limits on the Accumulation of Housing Funds (Excess Surplus) ............................................. 6 HOUSING ASSET FUND ACTIVITY ........................................................................................... 7 Deposits and Fund Balance .................................................................................................. 7 Expenditures ........................................................................................................................ 7 Ending Cash and Fund Balance ............................................................................................ 9 Housing Successor Portfolio ................................................................................................. 9 Real Property and Disposition Status .................................................................................. 10 Loans Receivable ............................................................................................................... 11 Senior Rental Housing Limit Compliance ............................................................................. 12 Excess Surplus .................................................................................................................. 13 OTHER INFORMATION ........................................................................................................... 14 Transfers to Other Housing Successors .............................................................................. 14 Homeownership Unit Inventory ........................................................................................... 14 APPENDIX 1 – HOUSING ASSET TRANSFER FORM ............................................................... 16 APPENDIX 2 - HOUSING SUCCESSOR ANNUAL REPORT REQUIREMENTS .......................... 17 APPENDIX 3 – HOUSING ASSET FUND EXPENDITURE REQUIREMENTS .............................. 18

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Daly City Housing Successor Annual Report FY 2022-23 2 INTRODUCTION Following the dissolution of redevelopment in 2012, all former redevelopment agencies were required to designate a housing successor agency to receive all existing housing assets and assume any ongoing responsibilities related to the former agency’s mandated 20% set aside for affordable housing. The City of Daly City established itself as the Housing Successor Agency (“Housing Successor”) to the former Daly City Redevelopment Agency (“Agency”) with the adoption of Resolution No. 12-11 dated January 23, 2012. In addition to overseeing housing assets and ensuring that all remaining funds are spent on affordable housing efforts, housing successors must report annually on their activities as required by Senate Bill 341. The Housing Successor Annual Report (“Annual Report”) details the activity of the Housing Successor and establishes whether it is in compliance with various expenditure and asset requirements as outlined in Health and Safety Code (“HSC”) Section 34176.1(f). SCOPE OF THIS HOUSING SUCCESSOR ANNUAL REPORT The Annual Report is limited to the City’s activities as they relate to its role as Housing Successor, rather than all housing functions of the City in general. Housing successors typically establish a separate fund in order to isolate the former redevelopment agency housing assets and activities from any other City housing funds and activities. Prior to FY 2021-22, the City had maintained Housing Successor assets and activities in the Daly City Housing Development Finance Agency Fund (Fund 12) which also included non-Housing Successor fund sources not subject to Senate Bill 341 requirements. However, during FY 2021-22, the City established a separate Housing Set-Aside Fund (Fund 11) and transferred all housing successor assets, liabilities, and related activities to this fund. This Annual Report is based on funds and activity reported in Fund 11 for FY 2022-23. The Annual Report is due to the State of California (“State”) Department of Housing and Community Development (“HCD”) by April 1 annually and must be accompanied by an independent financial audit. The City’s audited financial statements will be posted on the City’s website when available. ASSETS TRANSFERRED TO THE HOUSING SUCCESSOR Upon the statewide dissolution of redevelopment in 2012, all rights, powers, committed assets, liabilities, duties, and obligations associated with the housing activities of the Agency were transferred to the Housing Successor. The Housing Successor prepared a Housing Asset Transfer (“HAT”) Form that

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Daly City Housing Successor Annual Report FY 2022-23 3 provided an inventory of all housing assets transferred from the Agency to the Housing Successor. This included: 1. Real properties; 2. Personal Property; 3. Low- and Moderate-Income Housing Fund (“LMIHF”) encumbrances; 4. Loans/Grants Receivables; and 5. Deferrals. The HAT was approved by the California Department of Finance (“DOF”) on August 30, 2012. It is important to distinguish that housing assets that were not transferred from the former Agency or generated by or purchased with assets from the former Agency, are not subject to HSC Section 34176.1. A copy of the HAT is provided as Appendix 1.

BACKGROUND This Section summarizes the legal requirements for use of Housing Successor assets that are addressed in this Report. LEGAL REQUIREMENTS PERTAINING TO HOUSING SUCCESSORS In general, housing successors must comply with three major requirements pursuant to HSC Section 34176.1: 1. Expenditures and housing production are subject to income and age targets. 2. Housing successors may not accumulate an “excess surplus,” or a high unencumbered cash balance based on certain thresholds. 3. Properties must be developed with affordable housing or sold within five to ten years of DOF approving the HAT. Appendix 2 provides a more detailed summary of the reporting requirements that are addressed in this Report.

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Daly City Housing Successor Annual Report FY 2022-23 4 PERMITTED USES OF HOUSING ASSET FUNDS Pursuant to HSC Section 34176.1, former Agency assets and the revenues generated by those assets, are to be maintained in a Low- and Moderate-Income Housing Asset Fund (“Housing Asset Fund”). In the case of Daly City, Housing Successor funds and activities are recorded in Fund 11, also known as the Housing Set-Aside Fund. Housing Asset Funds may be spent on: • Administrative costs for operation of the housing successor agency. The law allows a housing successor to spend the greater of: o $200,000 per year adjusted annually for inflation, or o 5% of the statutory value of real property owned by the housing successor and any loans or grants receivable on the HAT (“Portfolio”), whichever is greater. According to HCD, the $200,000 per year limit adjusted for inflation for FY 2022-23 is $254,500. The net value of the Housing Successor’s Portfolio (after an allowance for uncollectibles) is $3,366,888, of which 5 percent is $168,344. Therefore, Daly City’s FY 2022-23 annual administrative cost limit is $254,500, the greater of these two limit amounts. • Homeless prevention and rapid rehousing services up to $250,000 per year if the former redevelopment agency did not have any outstanding inclusionary housing or replacement housing production requirements as of 2012. Daly City is eligible for this expense because the former Agency met its inclusionary housing and replacement housing production requirements upon dissolution. • Affordable housing development assisting households up to 80 percent of the Area Median Income (“AMI”), subject to specific income and age targets over a five- or ten-year period. Five-Year Income Proportionality on Development Expenditures: Any Housing Asset Funds may be spent on development of affordable housing projects affordable to low, very low, and extremely low-income households. “Development” is defined in HSC Section 33413 as new construction, acquisition, rehabilitation, or the preservation of affordable housing developments. During each five-year compliance period, the first one running from FY 2013-14 through FY 2018-19 and the second (current) one beginning July 1, 2019, at least 30 percent of any

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Daly City Housing Successor Annual Report FY 2022-23 5 development expenditures must assist extremely low-income households (up to 30 percent AMI), while no more than 20 percent may assist low-income households (between 60-80 percent AMI). The balance of such expenditures may be used on very low-income households (households earning between 30-60 percent AMI). Note that housing successors must report expenditures by category each year, but compliance with income proportionality limits is measured every five years. For example, a housing successor could spend all its funds in a single year on households earning between 60-80 percent AMI, as long as it was 20 percent or less of the total expenditures during the five-year compliance period. Should a housing successor not spend at least 30 percent of its development expenditures for extremely low-income households, or exceeds the amount spent on low-income households, future expenditures are subject to greater restrictions until these proportionality targets are met. Specifically, if a housing successor is unable to spend at least 30 percent of its development expenditures on extremely low units, it is required to increase this spending to 50 percent until compliant with the 30 percent threshold; a housing successor that spends more than 20 percent of its development expenditures on low-income units cannot spend any further funds on low-income developments until it is at or below the 20 percent threshold. As such, tracking these expenditures and their progress over the corresponding five-year period is an important function of the Annual Report. Ten-Year Age Proportionality: If more than 50 percent of the total aggregate number of rental units produced by the city, housing successor, or former redevelopment agency during the past 10 years are restricted to seniors, the housing successor may not spend more Housing Asset Funds on senior rental housing. It is important to stress that Housing Successor expenditure and production requirements are measured on different timeframes: • One-Year Limits: Administrative Allowance and Homeless Prevention Allowance. Compliance evaluated annually and resets every year.

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Daly City Housing Successor Annual Report FY 2022-23 6 • Five-Year Limit: Expenditures by Income Level. Compliance evaluated over a fixed five-year period set by law. The second (current) period runs from July 1, 2019, to June 30, 2024. • Ten-Year Limit: Number of Senior Deed-Restricted Units Assisted. Compliance evaluated based on a rolling ten-year period that is different every year. Appendix 3 describes Housing Asset Fund expenditure requirements in more detail, including the types of costs eligible in each category. LIMITS ON THE ACCUMULATION OF HOUSING FUNDS (EXCESS SURPLUS) State law limits how much cash a housing successor may retain and, if it fails to commit and spend these funds in a reasonable timeframe, the housing successor must transfer unspent funds to HCD for use on State housing programs. HSC Section 34176.1(d) establishes a limit, known as an “excess surplus” on the amount of unencumbered Housing Asset Fund cash based on the greater of: • $1,000,000, or • The total amount of deposits made into the Housing Asset Fund over the preceding four years. Only amounts in excess of this threshold are considered an excess surplus. Once an excess surplus is determined, a housing successor must account for these funds separately and encumber said monies within three years. If after the third year the excess surplus has not been fully encumbered, the remaining balance of the excess surplus is to be transferred to HCD within 90 days. HCD is permitted to use these transferred excess surplus funds anywhere in the State under its Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program. As part of the Annual Report, a housing successor must disclose any excess surplus and describe the housing successor’s plan for eliminating this excess surplus.

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Daly City Housing Successor Annual Report FY 2022-23 7 HOUSING ASSET FUND ACTIVITY This section of the Report details the Housing Successor’s activities during FY 2022-23 as reported in the City’s Fund 11. DEPOSITS AND FUND BALANCE Table 1 reports the value of funds which were deposited into the Housing Asset Fund in FY 2022-23. The Housing Successor had net deposits of $260,813 consisting mostly of an allowable pass-through of tax increment revenue from the former Agency’s Recognized Obligations Payment Schedule (“ROPS”). The other deposits consist of funds from the American Rescue Plan and investment earnings.

EXPENDITURES The Housing Successor may expend Housing Asset Funds to cover administrative costs, homeless prevention and rapid rehousing programs, or to assist the development of affordable housing. Administrative and homeless prevention expenditures are subject to annual compliance limits, while housing development expenditures are subject to five-year proportionality requirements. The Housing Successor expended a total of $131,945 during FY 2022-23. Of the total amount expended, $106,241 was spent on administrative costs and $25,704 was used to assist the development of an affordable housing project at 493 Eastmoor. The Housing Successor did not expend any funds on Homeless Prevention/Rapid Rehousing in FY 2022-23. The administrative spending was well below the annual expenditure limit for FY 2022-23 of $254,500. The Housing Successor has only made one housing development related expenditure thus far in the current five-year compliance period, FY 2019-20 through FY 2023-24. That being the $25,704 spent in FY 2022-23 on 493 Eastmoor, a 72-unit project being developed by The Core Companies. The project will be affordable to households earning up to 60 percent AMI. The Housing Successor’s assistance is Deposit Type FY 2022-23
American Rescue Plan 562$
Investment Earnings 13,125
ROPS Payment 247,126
Total 260,813$
Source: City of Daly City
Table 1: Housing Asset Fund Deposits

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Daly City Housing Successor Annual Report FY 2022-23 8 being allocated to assist the 15 extremely low-income units. Therefore, the Housing Successor is in compliance with the 30 percent spending threshold for extremely low-income households. Figure 1 below illustrates the Housing Successor’s compliance with annual and five-year expenditure requirements in FY 2022-23.

The Housing Successor will ensure it continues to meet all annual and five-year compliance requirements for administrative, housing assistance, and development expenditures for the remainder of the five-year compliance period.

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Daly City Housing Successor Annual Report FY 2022-23 9 ENDING CASH AND FUND BALANCE The Housing Asset Fund balance consists of cash, investments, and assets held by the Housing Successor. The Housing Asset Fund balance as of June 30, 2023, was $4,166,618, as summarized in Table 2. It should be noted that the City’s loans receivable are not included in the fund balance table because repayment is not expected unless borrowers fail to comply with certain deed restrictions.

HOUSING SUCCESSOR PORTFOLIO The Housing Successor Portfolio included two properties and several loans transferred from the former Agency on the HAT. Since dissolution, the Housing Successor has disposed of one of their properties and added one new loan. As of FY 2022-23, the City had a portfolio value of $3,366,888, as detailed in Table 3 below. As noted earlier, the value of the City’s loans receivable has been deducted from the total portfolio value because repayment is not expected unless the borrowers fail to comply with deed restrictions.

Asset FY 2022-23
Cash 826,228$
Gain/ (Loss) on Investment (2,376)
Accrued Payroll (1,192)
Encumbrances (22,930)
Property Held for Development 3,366,888
Total Fund Balance 4,166,618$
Source: City of Daly City
Table 2: Housing Asset Fund - Ending Balance

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Daly City Housing Successor Annual Report FY 2022-23 10 REAL PROPERTY AND DISPOSITION STATUS HSC Sections 33334.16 and 34176.1(e) require that all real properties acquired by the former Agency prior to February 1, 2012, and transferred to the Housing Successor be developed for affordable housing purposes or disposed of within five years from the date DOF approved the HAT, or August 30, 2017. If Asset APN FY 2022-23
Real Properties
Carter/Martin 005 050 240 3,366,888$
Subtotal 3,366,888$
Loan Receivables
First-Time Homebuyer Loans
Loan - Mercy Housing 52 1,457,458$
Loan - 301 Habitat Way 23,168
Loan - 303 Habitat Way 23,168
Loan - 305 Habitat Way 23,168
Loan - 307 Habitat Way 23,168
Loan - 309 Habitat Way 23,168
Loan - 311 Habitat Way 23,168
Loan - 313 Habitat Way 23,168
Loan - 523 Delong St. 25,454
Loan - 529 Delong St. 38,182
Loan - 533 Delong St. 38,182
Loan - 539 Delong St. 38,182
Loan - Sweeney Lane1 3,013,975
Loan - Hillcrest Senior Housing 479,349
Loan - 7555 Mission St2 3,034,137
Loan - 7555 Mission St II2 898,800
Subtotal 9,185,895$
Allowance for uncollectible3 (9,185,895)$
Portfolio Value 3,366,888$
Source: City of Daly City
(1) Sweeney Lane is a 52-unit affordable housing development built in 2015 and 2016 on assembled sites that include the former 206 and 208 Miriam properties. (2) The sum of the 7555 Mission St. loans ($3,034,137+$898,800) were divided and split amongst 36 homebuyers.
(3) The City does not expect payment on any of their loans, therefore the value of the loans is recorded as uncollectible.

Table 3: Real Properties and Loans Receivable

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Daly City Housing Successor Annual Report FY 2022-23 11 the City is unable to meet this deadline, the law allows for a five-year extension via adoption of a resolution. In the event that physical development for this purpose has not begun by the end of the extended period, the property shall be sold, and the proceeds shall be deposited into the Housing Asset Fund. Pursuant to the HAT, the former Agency transferred two real properties to the Housing Successor and has since disposed of one. The City did not adopt a resolution extending the property disposition deadline but has been actively working to dispose of the one remaining property. Properties Disposed • Mission/ Miriam (APN 003-172-130, 140, 150, 170, and 003-160-170) - One property located at Mission and Miriam was sold to Mid-Peninsula Housing in 2015 for redevelopment as the Sweeney Lane Project, which consists of 52 housing units affordable to very low- and low-income households. A loan receivable from the developer of $2,420,000 was recorded in FY 2015, although the City does not expect repayment unless the developer fails to comply with its affordable housing loan agreement. Properties Retained • Carter/ Martin (APN 005-050-240) – Since 2020 the City has been in exclusive negotiations with Bridge Housing on a Disposition and Development Agreement to redevelop this property into more than 200 units of affordable housing. During FY 2022-23 the City determined that the site was subject to the Surplus Lands Act which has resulted in a delay in the anticipated development schedule for the site. Therefore, no agreement has been finalized as of yet. The City anticipates consideration of a finalized agreement during 2024. No Housing Successor Agency funds have been committed to this project. LOANS RECEIVABLE Nineteen loans receivable were transferred from the former Agency to the Housing Successor as part of the HAT approved by DOF on August 30, 2012. Since then, one new loan has been added to the Housing Successor’s Portfolio. § Mercy Housing 52 Loans: Three separate redevelopment loans were issued to Mercy Housing 52 to assist the development of two affordable housing projects including 24 units at Vista Grande

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Daly City Housing Successor Annual Report FY 2022-23 12 and 47 units at School House Station. The three loans were combined into one loan at dissolution which continues to accrue interest. § Habitat for Humanity Loans: The City oversees several Habitat for Humanity Loans to assist first-time homebuyers at multiple properties including 7 units at Habitat Way, 4 units at Delong Street, 2 units at Miriam Street, and 36 units 7555 Mission. None of the loans accrue interest and the City does not expect to collect on any of the loans. § Sweeney Lane: A total of $2,420,000 was loaned to assist the development of 52 affordable housing units located at 6800 Mission Street, on property that was transferred to the City on the HAT and sold in 2015. The Regulatory Agreement for Sweeney Lane stipulates that “no less than 49 percent of the units be occupied by households with incomes at or below 50% AMI and the remaining units be available to households with incomes not exceeding 85% AMI”. § Hillcrest Senior Housing: The former Agency loaned $480,000 to Hillcrest Senior Housing Corporation in 2006 for the construction of a 39-unit affordable housing development. The Affordable Housing Covenant restricts occupancy of all 39 units to seniors living at 50% AMI or below for a term of 55 years. Annual payments on the loan shall be made with residual receipts, if any. At the end of the 55-year term, the note shall be forgiven in full if the property remains affordable. SENIOR RENTAL HOUSING LIMIT COMPLIANCE Pursuant to HSC Section 34176(b), a maximum of 50 percent of deed-restricted rental housing units assisted by the former Agency, Housing Successor, or City in the previous 10 years may be restricted to seniors. The Housing Successor, City, and former Agency have assisted four projects in the past ten years, which have no senior-restricted units, as shown in Table 4. Therefore, the City is in compliance with this requirement.

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Daly City Housing Successor Annual Report FY 2022-23 13 EXCESS SURPLUS The Housing Asset Fund may not accumulate an “excess surplus”, which is an unencumbered amount that exceeds the greater of $1 million or the sum of deposits in the prior four fiscal years. This requirement ensures that housing successors are actively spending available Housing Asset Funds on affordable housing. Over the past four years, the Housing Successor had deposits totaling $1,124,309, which is greater than $1 million, and is therefore the excess surplus limit for FY 2022-23. As of FY 2022-23, the Housing Successor had an unencumbered cash balance of $673,239, which is less than the $1,124,309 limit. Therefore, the Housing Successor did not have an excess surplus for FY 2022-23. This calculation, as shown in Table 5, follows the excess surplus methodology applied by HCD prior to redevelopment dissolution.

Property1 Year
Assisted
Senior
Units % Non-Senior
Units % Total
Units
Sweeney Lane FY 16-17 0 0% 52 100% 52
1293 Hillside FY 16-17 0 0% 18 100% 18
Midway Village Phase 1 FY 22-23 0 0% 145 100%145
Total 0 0% 215 100%215
Total Deed-Restricted Senior Units: 0%
Source: City of Daly City
Table 4: Deed-Restricted Units Assisted - Prior 10 Years FY 2013-14 through FY 2022-23
(1) This list includes units that were assisted by the former Agency, Housing Successor, or City with a ground lease executed in the last 10 years

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Daly City Housing Successor Annual Report FY 2022-23 14 The Housing Successor will continue to ensure it does not accumulate and excess surplus in future years.

OTHER INFORMATION TRANSFERS TO OTHER HOUSING SUCCESSORS There were no transfers to another housing successor entity for a joint project pursuant to HSC Section 34176.1. HOMEOWNERSHIP UNIT INVENTORY Table 6 presents an inventory of affordable homeowner units assisted by the former Agency or Housing Successor that require restrictions, covenants, or an adopted program that protects Housing Asset Fund monies.

Step 1: Determine Unencumbered Cash Balance From Financials FY 22-23 Beginning Cash Balance 696,169
Less: Encumbered Funds1 (22,930)$
Unencumbered Amount 673,239$
Step 2: Determine Greater of $1M or Last 4 Deposits
$1 Million, or 1,000,000$
Last 4 years' deposits 1,124,309$
2021-22 243,857$
2020-21 231,811$
2019-20 244,661$
2018-19 403,980$
Result: Larger Number 1,124,309$
Step 3: Excess Surplus is Amount Step 1 Exceeds Step 2, if Any (1) Unencumbered Amount 673,239$
(2) Less: Larger Number From Step 2 1,124,309$
Excess Surplus None
Source: City of Daly City
(1) As of June 30, 2023
Table 5: FY 2022-23 Excess Surplus Elimination

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Daly City Housing Successor Annual Report FY 2022-23 15

Project Name /
Address Unit No.

Covenant
Expiration
Affordability
Period (Yrs)Notes
Agency
Loan amount
301 Habitat Way na 11/30/50 45 23,168$
303 Habitat Way na 11/30/50 45 23,168$
305 Habitat Way na 11/30/50 45 23,168$
307 Habitat Way na 11/30/50 45 23,168$
309 Habitat Way na 8/2/66 45 resold 23,168$
311 Habitat Way na 1/7/65 45 resold 23,168$
313 Habitat Way na 11/30/50 45 23,168$
523 Delong St. na 7/10/51 45 25,454$
529 Delong St. na 7/10/51 45 38,182$
533 Delong St. na 7/10/51 45 38,182$
539 Delong St. na 7/10/51 45 38,182$
206 Miriam na 4/22/56 45 95,000$
208 Miriam na 4/20/56 45 95,000$
7555 Mission St. 101 6/24/58 45 109,248$
7555 Mission St. 102 6/21/58 45 109,248$
7555 Mission St. 103 6/13/58 45 109,248$
7555 Mission St. 104 7/3/58 45 109,248$
7555 Mission St. 105 6/20/58 45 109,248$
7555 Mission St. 106 6/12/58 45 109,248$
7555 Mission St. 107 8/30/58 45 109,248$
7555 Mission St. 108 6/24/58 45 109,248$
7555 Mission St. 109 8/30/58 45 109,248$
7555 Mission St. 110 7/31/58 45 109,248$
7555 Mission St. 111 8/26/58 45 109,248$
7555 Mission St. 112 10/31/58 45 109,248$
7555 Mission St. 201 6/19/58 45 109,248$
7555 Mission St. 202 6/21/58 45 109,248$
7555 Mission St. 203 8/6/58 45 109,248$
7555 Mission St. 204 6/14/58 45 109,248$
7555 Mission St. 205 6/12/58 45 109,248$
7555 Mission St. 206 6/26/58 45 109,248$
7555 Mission St. 207 6/21/58 45 109,248$
7555 Mission St. 208 6/11/58 45 109,248$
7555 Mission St. 209 6/11/58 45 109,248$
7555 Mission St. 210 6/24/58 45 109,248$
7555 Mission St. 211 6/21/58 45 109,248$
7555 Mission St. 212 7/31/58 45 109,248$
7555 Mission St. 301 8/16/58 45 109,248$
7555 Mission St. 302 6/17/58 45 109,248$
7555 Mission St. 303 6/18/58 45 109,248$
7555 Mission St. 304 6/18/58 45 109,248$
7555 Mission St. 305 8/7/58 45 109,248$
7555 Mission St. 306 6/27/58 45 109,248$
7555 Mission St. 307 3/10/59 45 109,248$
7555 Mission St. 308 6/20/58 45 109,248$
7555 Mission St. 309 8/1/58 45 109,248$
7555 Mission St. 310 6/12/58 45 109,248$
7555 Mission St. 311 6/24/58 45 109,248$
7555 Mission St. 312 8/7/58 45 109,248$
Table 6: Assisted Unit Inventory - Homeownership
Source: City of Daly City

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Daly City Housing Successor Annual Report FY 2022-23 16 APPENDIX 1 – HOUSING ASSET TRANSFER FORM Attached as a separate document.

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Daly City Housing Successor Annual Report FY 2022-23 17 APPENDIX 2 - HOUSING SUCCESSOR ANNUAL REPORT REQUIREMENTS Health and Safety Code Section 34176.1(f) Housing Asset Fund Revenues & Expenditures Total amount deposited in the Housing Asset Fund for the fiscal year. Amount of deposits funded by a Recognized Obligation Payment Schedule (“ROPS”). Statement of balance at the close of the fiscal year. Description of Expenditures for the fiscal year, broken out as follows: • Homeless prevention and rapid rehousing • Administrative and monitoring • Housing development expenses by income level assisted Description of any transfers to another housing successor for a joint project. Other Assets and Active Projects Description of any project(s) funded through the ROPS. Update on property disposition efforts (note that housing successors may only hold property for up to five years, unless it is already developed with affordable housing). Other “portfolio” balances, including: • Statutory value of any real property either transferred from the former Agency or purchased by the Housing Asset Fund • Value of loans and grants receivable Inventory of homeownership units assisted by the former Agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former Agency’s investment of monies from the Low- and Moderate-Income Housing Fund. Obligations & Proportionality Description of any outstanding production obligations of the former Agency that were inherited by the Housing Successor. Compliance with proportionality requirements (income group targets), which must be upheld on a five-year cycle. Percentage of deed-restricted rental housing restricted to seniors and assisted by the former Agency, the Housing Successor, or the City within the past ten years compared to the total number of units assisted by any of those three agencies. Amount of any excess surplus, and, if any, the plan for eliminating it.

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Daly City Housing Successor Annual Report FY 2022-23 18 APPENDIX 3 – HOUSING ASSET FUND EXPENDITURE REQUIREMENTS Health and Safety Code Section 34176.1 Expense Category Limits Allowable Uses Administration and Compliance Monitoring Annual Limit $254,500 limit for FY 2022-23 (limit varies each year)
Administrative activities such as: • Professional services (consultant fees, auditor fees, etc.) • Staff salaries, benefits, and overhead for time spent on Housing Successor administration • Compliance monitoring to ensure compliance with affordable housing and loan agreements • Property maintenance at Housing Successor-owned properties Capped at $200,000 and adjusted annually for inflation or 5% of the statutory value of real property owned by the housing successor and the value of loans and grants receivable from the HAT (“Portfolio”), whichever is greater. Homeless Prevention and Rapid Rehousing Solutions Annual Limit $250,000 maximum per fiscal year • Services for individuals and families who are homeless or would be homeless but for this assistance, including: • Contributions toward the construction of local or regional homeless shelters • Housing relocation and stabilization services including housing search, mediation, or outreach to property owners • Short-term or medium-term rental assistance • Security or utility deposits • Utility payments • Moving cost assistance • Credit repair • Case management • Other appropriate activities for homelessness prevention and rapid rehousing of persons who have become homeless. Affordable Housing Development No spending limit, but must comply with income and age targets “Development” includes: • New construction • Acquisition and rehabilitation • Substantial rehabilitation • Acquisition of long-term affordability covenants on multifamily units • Preservation of at-risk units whose affordable rent restrictions would otherwise expire over the next five years

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Daly City Housing Successor Annual Report FY 2022-23 19 Health and Safety Code Section 34176.1 Expense Category Limits Allowable Uses Income Targets Fixed Five-Year Compliance Period: FY 2019-20 to FY 2023-24 Every five years, Housing Asset Funds must meet income targets: • At least 30% on extremely low-income rental households (up to 30% AMI or “Area Median Income”) • No more than 20% on low-income households (60-80% AMI) Moderate and above moderate-income households may not be assisted (above 80% AMI). Failure to comply with the extremely low-income requirement in any five-year compliance period will result in having to ensure that 50 percent of remaining funds be spent on extremely low-income rental units until in compliance. Exceeding the expenditure limit for low households earning between 60-80% AMI in any five-year reporting period will result in not being able to expend any funds on these income categories until in compliance. Age Targets Rolling Ten-Year Period For the prior ten years (resets every year), a maximum of 50% of deed-restricted rental housing units assisted by the Housing Successor or its host jurisdiction may be restricted to seniors. If a housing successor fails to comply, Housing Asset Funds may not be spent on deed-restricted rental housing restricted to seniors until in compliance.

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City Council Agenda ReportItem # _____
Meeting Date: 3/11/2024
Subject: Annual Delegation of Authority to City Treasurer to Invest City Funds Recommended Action
Adopt a resolution renewing delegation of investment authority to the City Treasurer as required by Government Code Section 53607.

Discussion
In order to comply with State of California Government Code Section 53607, the City Council must annually renew the delegation of authority for investing City funds to the City Treasurer.

Staff is available to provide any additional information desired by the Mayor or City Council Members.

Respectfully submitted,
Daneca Halvorson
City Treasurer
cc: City Manager
City Attorney
City Clerk

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City Council Agenda ReportItem # _____
Meeting Date: March 11, 2024
Subject: Professional Services Agreement to Revise the 2015 Planned Retreat Management Plan for Mussel Rock Landfill
Recommended Action
Authorize the City Manager to execute an agreement for professional services with Tetra Tech, Inc. of Oakland, California, to revise the 2015 Planned Retreat Management Plan (PRMP) for the Mussel Rock Landfill site in the amount of $114,039.

Background
The Mussel Rock Landfill is a closed landfill in Daly City located adjacent to the Pacific Ocean near Westline Drive. It contains over a million cubic yards of waste and is subject to continuous land movement and erosion. The City is required to maintain the site and submit semi-annual and annual site maintenance and groundwater quality monitoring reports as required by the California Regional Water Quality Control Board (RWQCB) Order No. R2-2015-0007. Additionally, the City is required to submit annual monitoring reports to the California Coastal Commission (CCC) for the seawall below the landfill pursuant to requirements set by CCC Staff Reports 2-01-011 dated May 30, 2002 and 2-11-024 dated August 8, 2012.

CCC Staff Reports W17A dated July 27, 2012 and Staff Report Addendum for W17a, dated August 7, 2012 required the City to prepare a PRMP to consider long-term options to address hazardous issues raised by the closed landfill. CCC requested the City consider various options for the managed retreat of the landfill and associated infrastructure, including a detailed feasibility study and cost assessment to potentially relocate all or some portion of the landfill and remove the seawall at some future date.

On August 3, 2015, the City submitted the PRMP to the CCC for review. In late 2021, the City submitted a coastal development permit application to CCC for gabion wall maintenance and storm drain damage repair work that was needed. The CCC reviewed the Mussel Rock Gabion Wall and Stormwater Maintenance project and provided a Filing Status Letter dated January 20, 2022. The letter had comments on the proposed project and also included comments on the PRMP that was submitted in 2015. The City’s consultant, Tetra Tech, prepared a response to CCC on behalf of the City (letter dated April 5, 2023) addressing CCC’s comments in the January 20, 2022 Filing Status Letter. In response to the City’s April 5, 2023 letter, the CCC prepared the Mussel Rock Gabion Repair and Upper Landslide Filing Status Letter dated May 12, 2023, and again requested that the PRMP evaluate and consider all potential constraints, including geotechnical and engineering constraints; all potential phasing options with potential timelines; all project costs; and identification of potential funding options. On February 6, 2024, CCC issued a Notice of Violation (NOV) to the City for being out of compliance with Coastal Development Permit (CDP) 2-11-024 centered around CCC Staff Report W17a and is requesting the City resubmit a revised PRMP by April 1, 2024.

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Professional Services Agreement to Revise the 2015 Planned Retreat Management Plan for Mussel Rock Landfill
Meeting Date: March 11, 2024

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Discussion
The scope of work with Tetra Tech, Inc. under this professional services agreement includes the following:
•Address comments from the CCC W17a Staff Report and subsequent filing status letters addressed to the City dated January 20, 2022 and May 12, 2023 and the NOV dated February 6, 2024;
•Evaluate the original PRMP alternatives and some new alternatives; and •Prepare a revised PRMP that will re-evaluate and update the technical constraints relative to potential elevated groundwater table, sea level rise and seismic stability, phasing options, potential timelines, project costs and funding options.

Tetra Tech, Inc. has been the City’s consultant for monitoring and reporting services related to Mussel Rock since 2016 and they have been responsive in meeting the City’s needs related to site monitoring activities. Tetra Tech has extensive experience in all phases of solid waste landfill design and monitoring, including groundwater and leachate monitoring. In addition, they have subject matter experts in seashore processes, geotechnical engineering, engineering geology and civil engineering. Due to their extensive experience and historical knowledge of the Mussel Rock site, Tetra Tech, Inc. is the most qualified firm to perform the needed services for the City in a timely manner to meet the CCC deadline.

Fiscal Impact
The professional services agreement with Tetra Tech, Inc. provides for a not-to-exceed amount of $114,039. This amount includes reviewing the CCC’s comments on the 2015 PRMP and preparing a revised PRMP based on the CCC’s latest comments. There are sufficient funds in Fiscal Year 2022- 23 General Fund CIP – Mussel Rock Waste Mitigation project account 31-310-546 to fully fund the project. No additional appropriation is needed at this time.

Summary/Conclusion
Authorize the City Manager to execute an agreement for professional services with Tetra Tech, Inc. of Oakland, California, to revise the 2015 Planned Retreat Management Plan (PRMP) for the Mussel Rock Landfill site in the amount of $114,039.

Staff is available to provide any additional information desired by the Mayor or Councilmembers.

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Professional Services Agreement to Revise the 2015 Planned Retreat Management Plan for Mussel Rock Landfill
Meeting Date: March 11, 2024

Page 3 of 3 ends

Respectfully submitted,
Shirley Chan Richard Chiu, Jr.

Acting City Engineer Director of Public Works Attachments:

1. Tetra Tech, Inc. Professional Services Agreement

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-1-
Revised 02/25/22
G:\Projects\Mussel Rock\New Mussel Rock\Planned Retreat Management Plan\Agreements\TetraTech professional serv agreement alt short form_rev 022522.doc
AGREEMENT WITH TETRA TECH, INC.

FOR PROFESSIONAL SERVICES
FOR
City of Daly City

This Agreement, made and entered into this ____ day of __________, 2024 (the “Effective Date”) by and between the CITY OF DALY CITY , a municipal corporation existing under the laws of the State of California (”CITY"), and TETRA TECH, INC., a California S-Corporation ("CONSULTANT"):

Tetra Tech, Inc.
1999 Harrison Street, Suite 500
Oakland, CA 94612

R E C I T A L S :

A. CITY desires certain construction document services hereinafter described as the professional services to revise the 2015 Planned Retreat Management Plan for Mussel Rock Landfill.

B. CITY desires to engage CONSULTANT to provide these consulting services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF SERVICES

The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A to this Agreement, the proposals from Tetra Tech, Inc. dated February 26, 2024, attached and incorporated by reference.

SECTION 2 - DUTIES OF CONSULTANT

CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.

CONSULTANT represents that it is qualified to furnish the services described under this Agreement.

CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.

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-2-
Revised 02/25/22
G:\Projects\Mussel Rock\New Mussel Rock\Planned Retreat Management Plan\Agreements\TetraTech professional serv agreement alt short form_rev 022522.doc
SECTION 3 - DUTIES OF CITY

CITY shall provide pertinent information regarding its requirements for the project.

CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT'S work.

SECTION 4 - TERM

The services to be performed under this Agreement shall commence on the Effective Date and be completed within one (1) year.

SECTION 5 - PAYMENT

Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhib it A, CITY agrees to pay CONSULTANT, on a time and materials basis, pursuant to rates stated in Exhibit A to this Agreement, attached and incorporated by reference. In no event shall CONSULTANT’s total compensation under this Agreement exceed one hundred fourteen thousand thirty-nine dollars ($114,039).

SECTION 6 – TERMINATION

Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.

Upon termination and upon CITY'S payment of the amount required to be paid, documents become the property of CITY, and CONSULTANT shall transfer them to CITY upon request without additional compensation.

SECTION 7 - OWNERSHIP OF DOCUMENTS

All documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not.

SECTION 8 - INDEPENDENT CONTRACTOR

It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.

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SECTION 9 - CONFIDENTIALITY

All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release.

SECTION 10 - INTEREST OF CONSULTANT

CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

SECTION 11 – USE OF SUBCONSULTANTS

CONSULTANT shall not subcontract any services to be performed by it under this Agreement without the prior written approval of the CITY, except for service firms engaged in drawing, reproduction, typing, and printing. CONSULTANT shall be solely responsible for reimbursing any subconsultants and the CITY shall have no obligation to them.

SECTION 12 - CONSULTANT'S STATUS

It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent CONSULTANT as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.

SECTION 13 – SB 1383 COMPLIANCE

To the extent applicable, CONSULTANT shall comply with the requirements set forth in SB 1383 and Public Contracts Code Section 22150 for the procurement of recycled paper products.

To the extent that the fitness and quality are equal, CONSULTANT shall purchase recycled products, as defined in Public Contracts Code Section 12200 instead of nonrecycled products.

Upon completion of the term of this Contract, CONSULTANT shall provide records to the CITY demonstrating compliance with this section, including copies of all invoices, receipts, or other proofs of purchase that detail the procurement of paper products.
SECTION 14 - INDEMNITY

To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), Consultant and Consultant’s sureties agree to defend (with legal counsel acceptable to the City), indemnify and hold harmless the City, its officers, agents, officials, representatives, employees and volunteers (collectively “Indemnitees”) from and

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against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation), that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any Subconsultant, anyone directly or indirectly employed by them, or anyone that they control (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent that such Liabilities are arise out of the sole negligence, active negligence, or willful misconduct of Indemnitee.

Acceptance by the City of the work performed under this Agreement does not operate as a release of Consultant from such professional responsibility for the work performed pursuant to this Agreement.

The duty of Consultant and its sureties to indemnify and hold harmless as set forth above, shall include the duty to defend as set forth in Section 2778 of the California Civil Code, provided, however, that nothing herein shall be construed to require the Consultant to indemnify the City, its subsidiary districts, its officers, agents or employees against any responsibility for liability in contravention of Section 2782 of the California Civil Code. To the extent there is an obligation to indemnify under this Section, Consultant shall be responsible for incidental and consequential damages resulting directly or indirectly, in whole or in part, from Consultant’s negligence, recklessness, or willful misconduct.

Consultant and its sureties expressly and specifically agree to waive any and all subrogation rights it may have against the City, its subsidiary districts, officers or employees.

Indemnification and waiver of subrogation contained in this section shall remain operative and in full force and effect regardless of any termination of this Agreement.

SECTION 15 - INSURANCE

CONSULTANT shall procure and maintain for the duration of the contract and three years thereafter (five years for building or major improvements) insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONSULTANT, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate
If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONSULTANT; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this contract, the CONSULTANT’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the CONSULTANT’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.

Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions

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Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract Effective Date, the CONSULTANT must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

SECTION 16 - NONASSIGNABILITY

Both parties hereto recognize that this Agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY.

SECTION 17 - RELIANCE UPON PROFESSIONAL

SKILL OF CONSULTANT

It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.

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SECTION 18 - WAIVERS

The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

SECTION 19 – SEVERABILITY

If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

SECTION 20 - COSTS AND ATTORNEY FEES

Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.

SECTION 21 - NON-DISCRIMINATION

CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subconsultants shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

SECTION 22 - MEDIATION

Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the

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prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

SECTION 23 - LITIGATION

CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT'S services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT'S wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT'S standard hourly rates at the time of actual testimony.

SECTION 24 - NOTICES

All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: City Engineer
City of Daly City
Public Works – Engineering Division
333 90
th Street
Daly City, CA 94015

To CONSULTANT: Mike Velzy
Tetra Tech, Inc.
1999 Harrison Street, Suite 500
Oakland, CA 94612

SECTION 25 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT

This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and CONSULTANT.

SECTION 26 – AUTHORITY TO ENTER INTO AGREEMENT

CONSULTANT has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind

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each respective party.

SECTION 27 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.

IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year first above written.

CITY OF DALY CITY CONSULTANT
Tetra Tech, Inc.
_______________________________
Thomas J. Piccolotti
City Manager
___________________03/04/2024
Ed Sussenguth
Operations Manager

APPROVED AS TO FORM
_______________________________
Rose Zimmerman
City Attorney
0

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Tetra Tech, Inc.
1999 Harrison Street, Suite 500, Oakland, CA 94612-3599 Tel 510.302.6300 Fax 510.433.0830 www.tetratech.com

February 26, 2024

Mr. Richard Chiu, P.E.

Director of Public Works
Department of Public Works
333 – 90
th Street
Daly City, CA 94015-1895

RE: Proposal and Cost Estimate to Revise 2015 Planned Retreat Management Plan Mussel Rock Landfill, City of Daly City, California
Mr. Chiu:

Tetra Tech appreciates the opportunity to submit this proposal and cost estimate to the City of Daly City, Public Works Department (City) to revise the P lanned Retreat Management Plan (PRMP), prepared by URS and dated August 3, 2015, for the Mussel Rock Landfill (MRL), Daly City, California. The California Coastal Commission (CCC) requested in the February 6, 2024, Notice of Violation (NOV) (File No. V-2- 24-0002) for MRL that the PRMP be revised as de scribed below and that the revised document be submitted to the CCC by April 1, 2024.

BACKGROUND
At an August 8, 2012, hearing held by the California Coastal Commission (CCC), some Commissioners expressed interest in receiving additional details and analysis related to the long-term future of MRL, and the City’s proposed repairs and expansion to the existing revetment. Specifically, several Commissioners identified the need to develop a long-term solution to address the hazardous issues raised by the continued protection of the closed landfill, and wanted Staff to recommend more specific special conditions that require the City to consider options for managed retreat of the landfill, including a detailed feasibility study and cost assessment for relocation of both some portion of, and all of, the landfill.

CCC Staff believes that the existing revetment armoring is an appropriate temporary solution because it is the least environmentally damaging feasible alternative available to stabilize the site while the City explores long term solutions that may be available to relocate t he landfill, or portions of the landfill, and avoid the need for shoreline armoring. Armoring, however, is necessary at this time to avoid a situation where landfill materials could find their way into the ocean.

Staff Report W17a (Application CDP 2-11-024) dated July 27, 2012, and Staff Report Addendum for W17a, CDP Application Number 2-11-024 dated August 7, 2012, were prepared for the CCC for an August 8, 2012 hearing. The Staf f Report and its Addendum required the City to prepare the PRMP, which was intended to provide long-term solutions to address hazardous issues raised by the continued protection of the closed landfill. The City submitted the PRMP to the CCC in August 2012.

Since the August 3, 2015, submittal of the PRMP, the City has submitted the following Coastal Development Permit (CDP) applications:
x 2021: CDP Application 2-21-0917 - Gabion wall repair
x 2023: CDP Application 2-23-0459 - Proposed further work on the revetment, which is currently not permitted, and work has not been started.
x 2024: CDP Application 2-11-24 - Application of Cit y of Daly City to repair and expand riprap revetment at MRL including stabilizing 450 linear ft. of eroded seawall and placing additional riprap to a height of approximately 34 feet above the beach without placing riprap below the high tideline.

EXHIBIT A

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Since the 2011, the CCC has issued the following CDPs and filing status letters to the City:
x 2011: CDP 2-11-024 – Base permit centered around Staff Report W17a. x 2016: Emergency CDP G-2-16-0075 - Temporarily authorized repairs/modifications to the then out- of-compliance revetment, including adding approximately 11,000 total tons of riprap, extending five outfall pipes, and upgrading stormwater damaged channels. None of that work was ever recognized by CDP and is a violation today.
x 2021: ECDP G-2-21-0030 – Temporarily authorized replacement of 300 feet of the gabion retaining walls; excavation and onsite relocation of some 8,500 cubic yards of topsoil and landfill materials behind the gabion walls; and construction of a new contain ment berm new drainage features. And although the City submitted a CDP application to request authorization for this temporary emergency development.
o CDP Application 2-21-0917 – Mussel Rock Gabion Wall Repair F iling Status Letter (January 20, 2022). This letter requested additional information to close the information gaps and landfill areas in need of updating, including a thorough evaluation and feasibility of those alternatives within the PRMP.
¾ Tetra Tech letter to Daly City of April 5, 2023, “Response to California Coastal Commission Comments on the PRMP ”. Prepared on behalf of the City an d submitted to the CCC, this response to comments letter addressed each comment in the CCC January 20, 2022, Filing Status Letter.
o CDP Application 2-21-0917 – Mussel Rock Gabion Repair and Upper Landslide Filing Status Letter (May 12, 2023). This letter was prepared to respond to the City’s April 5, 2023, letter, and again referenced CDP 2-11-024, and required that the PRMP evaluate and consider all potential constraints, including geotechnical and engineering c onstraints; all potential phasing options with potential timelines; all project costs; and identification of potential funding options. In addition, this Filing Status Letter included six comments that required a City response. ¾ Tetra Tech letter to Daly City of December 15, 2023, “ Response to California Coastal Commission Comments, CDP Application 2-21-0917 - Mussel Rock Gabion Repair and Upper Landslide Filing Status Letter”. This letter addressed each of the six comments prepared by the CCC in the May 12, 2023, Filling Status Letter. Note that this letter was not submitted to the CCC.
x 2023: ECDP G-2-23-0079 - temporarily authorized e xcavation of approximately 9,000 cubic yards of soil and landfill material from the Upper Disposal Area (UDA) and placement of the excavated materials in the expanded waste containment cell in the Lower Disposal Area (LDA).

In addition, the CCC issued a NOV to Daly City for MR L on February 6, 2024, primarily because the City has been out of compliance with CDP 2-11-024. The vio lation notice stated that this noncompliance has impacted subsequent permitting actions.

PROPOSED SCOPE OF WORK
Tetra Tech will use the 2015 PRMP as a starting point revise and address comments from the CCC primarily cited in the W17a Staff Report (CDP 2-11-0 24) and reiterated by the CCC in subsequent filing status letters addressed to the City, dated January 20, 2022 and May 12, 2023, respectfully, and the NOV dated February 6, 2024 . In addition, Tetra Tech will work closel y with the City to revise Tetra Tech’s

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TETRA TECH
December 15, 2023, letter so that the statements in the letter reflect a commitment on the part of the City to follow through with a plan to stabilize the landfill.

With the City’s input, Tetra Tech will prepare an outl ine for the PRMP revision that, again, reflects the CCC information requests. Tetra Tech and the City have scheduled a February 21, 2024, meeting at the City offices to discuss the approach to revising the PRMP. It is important that that a clear path forward is outlined at this meeting and that the City and Tetra Tech have a mutual understanding of the path forward.

With this in mind, the PRMP will be revised by Tetra Tech subject matter experts in seashore processes, geotechnical engineering, engineering geology, and civil e ngineering to re-evaluate and update the technical constraints relative to potential elevated groundwater table, sea level rise, and seismic stability, phasing options, potential timelines, project costs and funding options.

The original PRMP alternatives included:
x Alternative 1: Limited Action - Imple mentation of Current Maintenance Program x Alternative 2: Minimal Reloca tion of Landfill Materials x Alternative 3: Partial Relocation of Landfill Materials x Alternative 4: Full Removal of Landfill Materials
Additionally, three new alternatives will be added to the above alternatives and analyzed in a similar fashion as the above alternatives. The following alter natives and variations of landfill retreat or partial retreat as the CCC have continued to request will be discussed during the February 21, 2024, meeting. x UDA stabilization
x Seawall revetment stabilization
x Public each access
A technical constraints section will be added to the origin al four alternatives and will be included in the three new alternatives. For each alternative, a technical constraints section will address potential constraints.

PROJECT TEAM
Tetra Tech proposes to use the following core staff to revise the PRMP.

Mike Velzy, PE - Senior Project Manager, Civ il/Environmental Engineer. Proposed as PRMP Project Manager. Mr. Velzy has 37 years of professional engineering experience in the San Francisco Bay Area and is a California registered Professional Engineer (Civil). He has worked as an engineering consultant to the City of Daly City since 1999 on over 25 MRL projects, including groundwater monitoring, engineering design, construction management and oversight, erosion control and storm water management, planning, and regulatory compliance projects. Mr. Velzy was Project Manager and principal author of the PRMP in 2015 and is intimately familiar with the technical and regulatory issues surrounding MRL.

Victor Early, PG, CEG - Senior Engineering Geologist. Proposed as PRMP Geologist. Mr. Early has more than 35 years of experienc e as an Engineering Ge ologist (California registered Professional Geologist and Engineering Geologist registered) and a manager in the environmental and geotechnical consulting industry. As a manager, Mr. Early ha s planned and completed complex hydrogeological investigations, Phase II Environmental Site Asses sments, remediation projects, including engineering evaluations and cost analyses (EECA), remedial investigations (RI), and feasibility studies (FS). He was

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February 26, 2024

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TETRA TECH
Tetra Tech’s Engineering Geologist who reviewed the gabion wall project plans and oversaw construction of the gabion wall and slope and expansion of a new containment cell. Mr. Ea rly supervised the UDA auger drilling at the waste boundary and the two deep borings through the center of the landfill to determine depth.

Patrick Wooliever, PE - Senior Civil Engineer. Proposed as Senior Technical Reviewer. Mr. Wooliever is an environmental engineer who is a Cali fornia registered Professional E ngineer (Civil). with over 30 plus years of experience working on sustainability and enviro nmental compliance projects that lessen client’s impact on the environment. He combines analytical rigor, experience, and technologies that are practical and sustainable to find cost efficient solutions for clients. Mr. Wooliver has supported and reviewed multiple MRL design and groundwater monitoring projects , including providing weekly SWPPP inspections and compliance reports for the gabion wall project.

Saied Saiedi, PhD - Senior Coastal Scientist. Proposed as Technical Exper t for coastal structures (revetment and offshore). Dr. Saied is a civil engineer with 35 years of engineering and academic experience in various countries including Canada and US. Dr. Saiedi prepar ed the comprehensive attachment entitled, “Preliminary Coastal Engineering Assessment, Mussel Rock Landfill Revetment, Daly City, CA , November 18, 2022 ” that was included with Tetra Tech’s April 5, 2023, response to CCC comments letter. His hydrotechnical interests cover a wide range: Coastal structures and processes, floating offshore structures, submarine pipelines, free surface flow (hydraulic structures, sediment transport, hydropower dams, river engineering, water tunnels), hydrodynamics (cavitation, gates, pressurized flow in pipes and tunnels), surface hydrology and flood studies, and dam safety review. He has developed, managed, and reviewed several numerical and physical modeling works.

Peter Skopek, PhD, PE, GE - Senior Geotechnical Engineer . Proposed as Geotechnical Engineer. Dr.

Skopek holds a PhD in Geotechnical Engineering and is a California registered Professional Engineer (Civil) and Geotechnical Engineer. Dr. Skopek has more than 30 years of geotechnical engineering and consulting experience working on various projects for state, federal, real estate development, and large industrial clients throughout the western United States and Canada. He has played an instrumental role in diversifying the range of his operating unit’s professional services. Dr. Skopek oversees a professional division of Tetra Tech that specializes in geotechnical engineering relative to landfills.

SCHEDULE
According to the NOV the CCC is requesting that the PRMP be submitted to them by April 1, 2024. The scope of work to revise the PRMP will not be finalized until after the February 21 meeting between the City and Tetra Tech. That leaves about 5-1/2 weeks to revise, review and finalize the PRMP for submittal on April 1. This schedule may be subject to revision as a result of the February 21 meeting. The proposed schedule is as follows:

Dates Duration
(days) Scope
02/20/2024 1 Tetra Tech submits proposal to Daly City to revise PRMP. 02/21/2024 1 Tetra Tech and Daly City meeting at Daly City DPW office to determine extent of PRMP revisions
02/22/24 to 03/22/24 20 Tetra Tech revises PRMP (includes internal review) 03/25/24 to 03/27/24 3 Daly City reviews revised PRMP, provides comments to Tetra Tech 03/28/24 to 03/29/24 2 Tetra Tech incorporates Daly City comments, finalizes PRMP 04/01/2024 1 Tetra Tech sends electronic copy of the revised PRMP to Daly City for submittal to the CCC.

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Mr. Richard Chiu
February 26, 2024

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TETRA TECH
COST
The cost to revise the PRMP as described above based on time and materials is $114,039 and is itemized in Table 1.

Respectfully submitted,
TETRA TECH, INC.

Michael E. Velzy, P.E. Ed Sussenguth
Senior Project Manager Northwest Operations Manager
Attachment: Table 1 – Cost Estimate for Planned Retreat Management Plan - Revision 1

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RATE
Staff Category $/hour Hours Amount Hours Amount Hours Amount Hours Amount Mike Velzy Project Manager $294.00 14 $4,116 120 $35,280 16 $4,704 150 $44,100 Victor Early Senior Geologist $169.00 4 $676 40 $6,760 4 $676 48 $8,112 Patrick Wooliever Senior Tech Reviewer $173.00 4 $692 8 $1,384 8 $1,384 20 $3,460 Dayana Arrue Cost Estimating $107.00 $0 40 $4,280 $0 40 $4,280 Laura Leone Technical Editor $92.00 $0 16 $1,472 $0 16 $1,472 Jay McCrary Word Processing $79.00 $0 12 $948 $0 12 $948 Gloria Driscol Financial Manager $145.00 $0 6 $870 $0 6 $870 Steve Krueger Senior Review $297.00 $0 8 $2,376 $0 8 $2,376 Yohji Ono Sr Engineer $202.00 $0 12 $2,424 $0 12 $2,424 Saied Saiedi Sr. Coastal Scientist $275.00 $0 50 $13,750 $0 50 $13,750 Rafeal Holcombe Sr. Civil/Marine Engineer $270.00 $0 10 $2,700 $0 10 $2,700 Jonathan Gober Civil Engineer $185.00 $0 20 $3,700 $0 20 $3,700 Ryan Cheyne CADD $120.00 $0 20 $2,400 $0 20 $2,400
Peter Skopek Principal Geotechnical Engineer $300.00 $0 24 $7,200 $0 24 $7,200 TBD Supervising Engineer/Geologist $250.00 $0 35 $8,750 $0 35 $8,750 TBD Senior Engineer/Geologist I $210.00 $0 35 $7,350 $0 35 $7,350 22 $5,484 456 $101,644 28 $6,764 506 $113,892
Rate Qty Amount Qty Amount Qty Amount Qty Amount
Mileage per mile $0.67 200 $134 $0 $0 200 $134
$134 $0 $0 $134
10% $13 $0 $0 $13
$147 $0 $0 $147
TOTAL ESTIMATED PRICE $5,631 $101,644 $6,764 $114,039
TRAVEL
Subtotal ODCs
Fee on ODCs
Total ODCs
Total Labor

ODC COSTS
TABLE 1
Cost Estimate for Planned Retreat Management Plan - Revision 1 Mussel Rock Landfill, Daly City, California
LABOR TASK 1
PM, Meetings
TASK 2
PRMP Revisions
TASK 3
Internal Review TOTAL
January 26, 2024

Page 59 of 169 ends

City Council Agenda ReportItem # _____
Meeting Date: March 11, 2024
Subject: Authorize the City Manager to Execute a Memorandum of Understanding and Temporary Construction License with Kimco Westlake L.P. for the RO 572 Streetlight Conversion Project
Recommended Action
Staff recommends that the City Council authorize the City Manager to execute a Memorandum of Understanding (MOU) and Temporary Construction License (TCL) with Kimco Westlake L.P. for the RO 572 Streetlight Conversion Project.

Background
The City owns and operates streetlights that are powered by high voltage regulated outputs (RO) series circuits. RO circuit technology for powering streetlights is outdated, unreliable and expensive to operate. The City currently has a project to replace the high voltage lights with standard 120/240 volt multiple service parallel circuit. Conversion of the series circuit streetlights to parallel circuit will reduce maintenance cost, power consumption, minimize large area streetlight outages and increase lighting reliability.

This project will update the streetlight system for RO 572, which consists of 38 streetlights surrounding the Westlake Shopping Center.

Discussion
During the design of the RO 572 Streetlight Conversion project, staff discovered that the majority of the existing streetlights surrounding Westlake Shopping Center were constructed within the Westlake Shopping Center property owned by Kimco Westlake L.P. As a result, a TCL is needed during the construction of the project to allow the City’s contractor to enter the portion of the private property to construct the project. Once the construction project is completed, a Public Service Utility Easement will be granted to the City.

Under the MOU, the City will continue to own, operate and maintain the streetlights in perpetuity.

The proposed MOU and TCL have been reviewed by the City Attorney’s Office as well as the attorney for Kimco Westlake L.P.

Fiscal Impact
There is no fiscal impact associated with this recommendation.

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Authorize the City Manager to Execute a Memorandum of
Understanding and Temporary Construction License with
Kimco Westlake L.P. for the RO 572 Streetlight Conversion Project Meeting Date: March 11, 2024

Page 2 of 2 ends

Summary/Conclusion
Staff recommends that the City Council authorize the City Manager to execute a MOU and TCL with Kimco Westlake L.P. for the RO 572 Streetlight Conversion Project.

Staff is available to provide additional information desired by the Mayor or Council Members.

Respectfully submitted,

Shirley Chan Richard Chiu, Jr.

Acting City Engineer Director of Public Works
Attachments:

1. Kimco Westlake L.P. Memorandum of Understanding

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1 Memorandum of Understanding

Between

CITY OF DALY CITY
and
KIMCO WESTLAKE L.P.

This Memorandum of Understanding (“MOU”) sets forth the terms and understanding between CITY OF DALY CITY (the “City”) and KIMCO WESTLAKE L.P. (“Owner”) regarding the City’s Streetlight Project at Westlake Shopping Center (RO572).

RECITALS
WHEREAS, City will be constructing a RO572 Streetlight Conversion Project (“Project”) which will convert the existing streetlight system known as RO572 from the current regulated output system to a more modern and reliable parallel circuit system;

WHEREAS, the scope of the Project will include running new conduit, replacing and retrofitting streetlight poles and luminaires, installing electrical services, and performing sidewalk and pavement restoration;

WHEREAS, portions of the Project will require to be constructed within the Westlake Shopping Center, which is owned by Owner, hereinafter referred to as the “Property” as depicted in Exhibit “A” attached hereto and incorporated herein;

WHEREAS, in order to complete the Project and maintain the Project in perpetuity, the City will require both a temporary construction license and a permanent easement on the Property;

WHEREAS, Owner warrants that as of the date of this MOU, it is the sole fee owner required to grant such license and easement to the City for the purpose of this MOU;

WHEREAS, Owner has agreed to grant the City a Temporary Construction License (“TCL”) and a permanent Public Service Utility Easement (“PSUE”) in order to allow the City to complete the Project.

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2 NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. The foregoing RECITALS are true and co rrect and incorporated into this MOU.

2. The details of the Project are set forth in the attached Exhibit “B”, hereinafter incorporated into this MOU. The attached Exhibit “B” identifies the scope of the Project and identifies the location of the streetlight system and the intended layout of the permanent easement which will be dedicated to the City upon completion.

3. The Parties to this MOU understand and ag ree that the unforeseen conditions may arise during City’s construction of the Project, and that the final permanent easement may be revised with the prior written consent of the Owner, once construction commences and further revised upon construction completion, and that Exhibit “B” may be amended to reflect the actual final easement to be granted to the City.

4. Owner shall grant the City a Temporary Construction License over the entirety of the Property to allow for the construction of the Project. The terms and conditions of such access and obligations of the Parties is set forth in the attached draft TCL, Exhibit “C” hereinafter incorporated into this MOU.

5. Upon completion of the Project, Owner sh all dedicate portions of the Property to the City for the purpose of a permanent Public Service Utility Easement, to allow and authorize the City to own, operate and maintain the newly installed Project. The terms and conditions of the areas covered by a PSUE and obligations of the Parties is set forth in the attached draft Public Service Utility Easement Deed, Exhibit “D” hereinafter incorporated into this MOU.

6. Term: This MOU will remain in for ce and effect until the later date of: (i) completion of the Project and (ii) the granting and recordation of the PSUE to the City. It is the parties intention that this MOU will terminate upon the completion of the Project and recordation of the final permanent easement.

7. Non-assignability: The rights and duties of each Party to this MOU shall not be assignable or transferable unless such assignment or transfer is required by law and is not within the control of the Party making the assignment or transfer.

8. Laws of California: This MOU is made in the State of California, under the Constitution and laws thereof, and shall be construed and enforced in accordance with the laws of such state.

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3 9. Cooperation: The Parties recognize the necessity and hereby agree with each other in carrying out the purposes and objectives of this MOU, including cooperation in matters relating to street closure, access and public safety.

10. The parties have herein se t forth the whole of their agreement. This MOU shall supersede any and all other prior agreements or understandings, oral or written, in connection therewith, and shall not be changed, modified, or amended except upon the written consent of the parties hereto.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

SIGNATURE PAGE TO FOLLOW

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4 IN WITNESS WHEREOF, the parties hereto have entered this MOU this _____ day of ________________, 2024.

D a t e d : KIMCO WESTLAKE L.P.

By: KRCX California Realty, LLC, its general
partner

B y :

Name: Jason Lee
Title: Vice President
D a t e :

D a t e d : C I T Y O F D A L Y C I T Y

Thomas J. Piccolotti, City Manager

Dated: APPROVED AS TO FORM

Rose Zimmerman, City Attorney

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5 Exhibit “A”

PARCEL 1:

BEGINNING AT A POINT ON THE SOUTHERLY PROLONGATION OF THE WESTERLY BOUNDARY OF PARK PLAZA DRIVE, WHICH POINT BEARS SOUTH 20° 18' EAST, 68.50 FEET FROM THE SOUTHEASTERLY CORNER OF LOT 13, BLOCK 22, AS DESIGNATED ON THE MAP ENTITLED, "WESTLAKE SUBDIVISION NO. 3, DALY CITY, CALIFORNIA", WHICH MAP WAS FILED IN THE

OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON APRIL 17, 1950, IN BOOK 31 OF MAPS AT PAGES 17, 18 AND 19; THENCE ALONG SAID SOUTHERLY

PROLONGED LINE AND ALONG THE WESTERLY LINE OF PARK PLAZA DRIVE, AS DESIGNATED ON THE MAP ENTITLED, "WESTLAKE UNIT NO. 3-A, DALY CITY, SAN MATEO COUNTY, CALIFORNIA", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON JANUARY 17, 1951, IN BOOK 32 OF MAPS AT PAGE 44, SOUTH 20° 18' EAST, 92.50 FEET AND SOUTHERLY TANGENT TO SAID COURSE ALONG THE

WESTERLY BOUNDARY OF PARK PLAZA DRIVE ON THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 437.00 FEET AND SUBTENDING A CENTRAL ANGLE OF 2° 15' 42", AN ARC DISTANCE OF 17.50 FEET; THENCE LEAVING SAID LINE OF PARK PLAZA DRIVE, SOUTH 69° 42' WEST, 335.58 FEET; THENCE NORTH 33° 26' 30" WEST, 31.03 FEET; THENCE NORTH 20° 18' WEST, 79.78 FEET; THENCE NORTH 69° 42' EAST, 343.00 FEET TO THE POINT OF BEGINNING.

PARCEL 2:

BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF SOUTHGATE AVENUE, DISTANT THEREON NORTH 69° 42' EAST, 20.50 FEET FROM THE INTERSECTION OF SAID SOUTHERLY

BOUNDARY AND THE CENTERLINE OF LAKE MERCED BOULEVARD, FORMERLY LYNNEWOOD DRIVE, PROJECTED, AS DELINEATED AND DESCRIBED UPON THE MAP ENTITLED, "WESTLAKE SUBDIVISION NO. 3, DALY CITY, CALIFORNIA", FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON APRIL 7, 1950, IN BOOK 31 OF MAPS AT PAGE 19; THENCE NORTH 69° 42' EAST, 18.50 FEET; THENCE NORTH 20° 18' WEST, 11.50 FEET; THENCE NORTH 69° 42' EAST, 339.00 FEET TO THE WESTERLY BOUNDARY OF THE COLMA SEWER MAINTENANCE DISTRICT EASEMENT; THENCE SOUTH 20° 18' EAST, ALONG SAID WESTERLY BOUNDARY, 153.96 FEET; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY, SOUTH 1°40' 50" EAST, 89.74 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY, SOUTH 69° 42' WEST, 329.84 FEET; THENCE NORTH 20° 18' WEST, 227.50 FEET TO THE POINT OF BEGINNING.

PARCEL 3:

BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SOUTHGATE AVENUE, AS SHOWN ON THE MAP ENTITLED, "WESTLAKE SUBDIVISION NO. 3, DALY CITY, CALIFORNIA", FILED IN THE

OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON APRIL 7, 1950, IN BOOK 31 OF MAPS AT PAGES 17, 18 AND 19; SAID POINT BEING AT THE

INTERSECTION OF SAID SOUTHERLY LINE OF SOUTHGATE AVENUE AND THE SOUTHERLY

PROLONGATION OF THE WESTERLY LINE OF LAKE MERCED BOULEVARD, FORMERLY LYNNEWOOD DRIVE, SAID WESTERLY LINE HAVING A BEARING OF SOUTH 20° 18' EAST, AS SHOWN ON SAID MAP; THENCE ALONG SAID SOUTHERLY LINE SOUTH 69° 42' WEST, 130.00 FEET; THENCE SOUTH 20° 18' EAST, 105 FEET; THENCE SOUTH 65° 18' EAST, 28.28 FEET; THENCE NORTH 69° 42' EAST, 110 FEET; THENCE EASTERLY AND NORTHERLY ALONG THE ARC OF A CURVE TO THE LEFT FROM A TANGENT BEARING NORTH 69° 42' EAST, SAID CURVE HAVING A RADIUS OF 23 FEET AND A CENTRAL ANGLE OF 90° 00' A DISTANCE OF 36.13 FEET;

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6 THENCE NORTH 20° 18' WEST, 102.00 FEET TO THE SAID SOUTHEASTERLY LINE OF SOUTHGATE AVENUE; THENCE ALONG SAID LINE OF SOUTHGATE AVENUE, SOUTH 69° 42' WEST, 23.00 FEET TO THE POINT OF BEGINNING.

PARCEL 4:

BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SOUTHGATE AVENUE, AS SAID SOUTHGATE AVENUE IS SHOWN ON THE MAP ENTITLED, "WESTLAKE SUBDIVISION NO. 3, DALY CITY, CALIFORNIA", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON APRIL 7, 1950, IN BOOK 31 OF MAPS AT PAGES 17, 18 AND 19, SAID POINT BEING DISTANT ON SAID SOUTHERLY LINE, SOUTH 69° 42' WEST, 130.00 FEET FROM THE INTERSECTION OF THE SOUTHERLY PROJECTION OF THE

WESTERLY LINE OF LAKE MERCED BOULEVARD, FORMERLY LYNNEWOOD DRIVE AND THE

SOUTHERLY LINE OF SAID SOUTHGATE AVENUE, ALL AS SHOWN ON THE AFOREMENTIONED MAP; THENCE FROM SAID POINT OF BEGINNING, CONTINUING ALONG SAID SOUTHERLY LINE OF SOUTHGATE AVENUE, AS FOLLOWS: SOUTH 69° 42' WEST, 186.00 FEET, NORTH 20° 18' WEST, 5.00 FEET, NORTHWESTERLY ON THE ARC OF A CURVE TO THE RIGHT FROM A TANGENT WHICH BEARS SOUTH 69° 42' WEST, SAID CURVE HAVING A RADIUS OF 239.80 FEET, A CENTRAL ANGLE OF 29° 54' 59", AN ARC DISTANCE OF 125.21 FEET TO A POINT ON

REVERSE CURVATURE AND WESTERLY ON THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 1,500.00 FEET, A CENTRAL ANGLE OF 3° 58' 10", AN ARC DISTANCE OF 103.92 FEET; THENCE SOUTH 5° 38' 49" WEST, 93.73 FEET; THENCE NORTH 89° 46' WEST,

39.97 FEET; THENCE SOUTHEASTERLY ON THE ARC OF A CURVE TO THE RIGHT FROM A TANGENT, WHICH BEARS SOUTH 76° 36' 06" EAST, SAID CURVE HAVING A RADIUS OF 224 FEET AND A CENTRAL ANGLE OF 1° 07' 06", A DISTANCE OF 4.37 FEET; THENCE SOUTH 75° 29' EAST, 94.34 FEET; THENCE SOUTHEASTERLY TANGENT TO THE LAST SAID COURSE ON THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 124.00 FEET, SUBTENDING A CENTRAL ANGLE OF 18° 26', AN ARC DISTANCE OF 39.89 FEET; THENCE SOUTH 57° 03' EAST,

59.03 FEET; THENCE NORTH 69° 42' EAST, 341.76 FEET; THENCE NORTH 65° 18' WEST, 15.38 FEET AND NORTH 20° 18' WEST, 105.00 FEET TO THE POINT OF BEGINNING.

PARCEL 5:

BEGINNING AT A POINT, DISTANT SOUTH 20° 18' EAST, 161.00 FEET AND SOUTHERLY

TANGENT TO THE LAST SAID COURSE, ON THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 437.00 FEET, SUBTENDING A CENTRAL ANGLE OF 4° 15' 54", AN ARC DISTANCE OF

32.53 FEET FROM THE SOUTHEAST CORNER OF LOT 13, IN BLOCK 22, AS SAID LOT AND BLOCK, ARE SHOWN ON THAT CERTAIN MAP ENTITLED, "WESTLAKE SUBDIVISION NO. 3, DALY CITY, CALIFORNIA", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON APRIL 7, 1950, IN BOOK 31 OF MAPS AT PAGES 17, 18 AND 19; THENCE FROM SAID POINT OF BEGINNING, SOUTH 69° 42' WEST, 331.22 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAN FRANCISCO WATER DEPARTMENT PIPELINE EASEMENT, 50.00 FEET WIDE; THENCE ALONG SAID LINE SOUTH 33° 26' 30" EAST, 9.50 FEET; THENCE LEAVING SAID LINE SOUTH 9° 19' 20" WEST, 131.42 FEET; THENCE SOUTH 69° 42' WEST, 430.38 FEET; THENCE NORTH 1° 44' EAST, 10.53 FEET; THENCE

TANGENT TO THE LAST SAID COURSE, NORTHERLY ON THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 283.00 FEET, SUBTENDING A CENTRAL ANGLE OF 15° 33' 18", AN ARC DISTANCE OF 76.83 FEET TO A POINT, DISTANT SOUTH 69° 42' WEST, 18.81 FEET AND SOUTH 20° 18' EAST, 193.00 FEET FROM THE MONUMENT AT THE INTERSECTION ON THE

CENTERLINES OF SOUTHGATE AVENUE AND LAKE MERCED BOULEVARD (FORMERLY

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7 LYNNEWOOD DRIVE), AS SHOWN ON THE AFORESAID MAP OF WESTLAKE SUBDIVISION NO. 3; THENCE SOUTH 69° 42' WEST, 136.62 FEET; THENCE NORTH 50° 18' WEST, 14.00 FEET; THENCE SOUTH 69° 42' WEST, 305.84 FEET; THENCE SOUTH 32° 57' WEST, 35.19 FEET; THENCE NORTH 57° 03' WEST, 98.58 FEET; THENCE NORTHWESTERLY TANGENT TO THE LAST SAID COURSE ON THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 100.00 FEET, SUBTENDING A CENTRAL ANGLE OF 18° 26', AN ARC DISTANCE OF 32.17 FEET; THENCE NORTH 75° 29' WEST, 94.34 FEET; THENCE WESTERLY TANGENT TO THE LAST SAID COURSE, ON THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 200.00 FEET, SUBTENDING A CENTRAL ANGLE OF 11° 42', AN ARC DISTANCE OF 40.84 FEET; THENCE NORTH 87° 11' WEST,

85.30 FEET TO A POINT IN THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF THE

DALY CITY PUBLIC LIBRARY SITE, AS DESCRIBED INTHE DEED FROM HENRY DOELGER

BUILDER, INCORPORATED, TO CITY OF DALY CITY, A MUNICIPAL CORPORATION, DATED APRIL 8, 1957, AND RECORDED SEPTEMBER 3, 1957, AND RECORDED SEPTEMBER 3, 1959, IN BOOK 3667, PAGE 97 (84159-R), DISTANT THEREON SOUTH 0° 14' WEST, 14.47 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE ALONG SAID LINE NORTH 0° 14' EAST, 14.47 FEET TO SAID SOUTHWEST CORNER OF THE DALY CITY PUBLIC LIBRARY SITE; THENCE ALONG THE SOUTHERLY LINE OF SAID LIBRARY SITE, SOUTH 89° 46' EAST, 127.22 FEET; THENCE LEAVING SAID LINE EASTERLY FROM A TANGENT BEARING SOUTH 76° 36' 06" EAST, ON THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 224.00 FEET, SUBTENDING A CENTRAL ANGLE OF 1° 07' 06", AN ARC DISTANCE OF 4.37 FEET; THENCE SOUTH 75° 29' EAST

94.34 FEET; THENCE SOUTHEASTERLY TANGENT TO THE LAST SAID COURSE ON THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 124.00 FEET, SUBTENDING A CENTRAL ANGLE OF 18° 26', AN ARC DISTANCE OF 39.89 FEET; THENCE SOUTH 57° 03' EAST, 59.03 FEET; THENCE NORTH 69° 42' EAST, 341.76 FEET; THENCE SOUTH 65° 18' EAST, 12.90 FEET; THENCE NORTH 69° 42' EAST, 110.00 FEET; THENCE NORTHERLY TANGENT TO THE LAST SAID COURSE, ON THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 23.00 FEET, SUBTENDING A CENTRAL OF 90° 00', AN ARC DISTANCE OF 36.13 FEET TO A POINT DISTANT, SOUTH 69° 42' WEST,

17.00 FEET AND SOUTH 20° 18' EAST, 142.00 FEET FROM AFORESAID MONUMENT, AT THE

INTERSECTION OF THE CENTERLINES OF SOUTHGATE AVENUE AND LAKE MERCED BOULEVARD (FORMERLY LYNNEWOOD DRIVE), THENCE NORTH 20° 18' WEST, 102.00 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF SOUTHGATE AVENUE; THENCE ALONG SAID SOUTHEASTERLY LINE OF SOUTHGATE AVENUE, NORTH 69° 42' EAST, 37.50 FEET; THENCE LEAVING SAID LINE, SOUTH 20° 18' EAST, 227.50 FEET; THENCE NORTH 69° 42' EAST, 329.85 FEET; THENCE NORTH 1° 40' 50" WEST, 89.74 FEET; THENCE NORTH 20° 18' WEST, 153.96

FEET TO A POINT IN THE LINE PARALLEL WITH THE CENTERLINE OF SOUTHGATE AVENUE AND RIGHT ANGLES, DISTANT SOUTHEASTERLY 28.50 FEET THEREFROM; THENCE ALONG SAID PARALLEL LINE, NORTH 69° 42' EAST, 62.00 FEET TO A POINT IN THE NORTHEASTERLY LINE OF AFORESAID SAN FRANCISCO WATER DEPARTMENT PIPELINE EASEMENT; THENCE ALONG SAID LINE SOUTH 20° 18' EAST, 79.78 FEET TO AN ANGLE POINT THEREIN AND SOUTH 33° 26' 30" EAST, 31.03 FEET; THENCE LEAVING SAID LINE NORTH 69° 42' EAST, 335.58 FEET

TO A POINT IN THE SOUTHEASTERLY EXTENSION OF THE SOUTHWESTERLY LINE OF PARK PLAZA DRIVE; THENCE SOUTHERLY ALONG LAST SAID LINE FROM A TANGENT, BEARING SOUTH 18° 00' 18" EAST, ON THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 437.00 FEET, SUBTENDING A CENTRAL ANGLE OF 1° 58' 12", AN ARC DISTANCE OF 15.03 FEET TO THE POINT OF BEGINNING.

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8 PARCEL 6:

NON-EXCLUSIVE EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES AND

DRAINAGE FACILITIES AND FOR DRIVEWAY PURPOSES OVER, ACROSS AND UPON THE FOLLOWING DESCRIBED REAL PROPERTY BEING APPURTENANT TO THE ABOVE PARCELS 1, 2, 3 AND 4. BEGINNING AT A POINT DISTANT SOUTH 20° 18' EAST, 161.00 FEET AND TANGENT

TO THE LAST SAID COURSE SOUTHERLY ON THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 437.00 FEET; SUBTENDING A CENTRAL ANGLE OF 4° 15' 54", AN ARC DISTANCE OF

32.53 FEET FROM THE SOUTHEAST CORNER OF LOT 13 IN BLOCK 22, AS SAID LOT AND BLOCK ARE SHOWN ON THAT CERTAIN MAP ENTITLED, "WESTLAKE SUBDIVISION NO. 3, DALY CITY, CALIFORNIA", FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON APRIL 7, 1950, IN BOOK 31 OF MAPS AT PAGES 17, 18 AND 19; THENCE FROM SAID POINT OF BEGINNING, SOUTH 69° 42' WEST, 331.22 FEET TO A POINT IN

THE NORTHEASTERLY LINE OF THE SAN FRANCISCO WATER DEPARTMENT PIPELINE EASEMENT, 50.00 FEET WIDE; THENCE ALONG SAID LINE SOUTH 33° 26' 30" EAST, 9.50 FEET; THENCE LEAVING SAID LINE SOUTH 9° 19' 20" WEST, 6.61 FEET; THENCE NORTH 69° 42' EAST, 330.95 FEET; THENCE NORTHERLY FROM A TANGENT BEARING NORTH 14° 03' 36" WEST, ON THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 437.00 FEET, SUBTENDING A CENTRAL ANGLE OF 1° 58' 30", AN ARC DISTANCE OF 15.06 FEET TO THE POINT OF BEGINNING.

PARCEL 7:

NON-EXCLUSIVE EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES AND

DRAINAGE FACILITIES AND FOR DRIVEWAY PURPOSES OVER, ACROSS AND UPON THE FOLLOWING DESCRIBED REAL PROPERTY BEING APPURTENANT TO THE ABOVE PARCELS 1, 2, 3 AND 4. BEGINNING FOR REFERENCE AT THE MONUMENT AT THE INTERSECTION OF THE

CENTERLINES OF SOUTHGATE AVENUE AND LAKE MERCED BOULEVARD (FORMERLY LYNNEWOOD DRIVE), AS SHOWN ON AFORESAID MAP OF WESTLAKE SUBDIVISION NO. 3; THENCE ALONG THE CENTERLINE OF SOUTHGATE AVENUE, SOUTH 69° 42' WEST, 17.00 FEET; THENCE LEAVING SAID CENTERLINE AT A RIGHT ANGLE, SOUTH 20° 18' EAST, 161.07 FEET;

THENCE SOUTHERLY TANGENT TO THE LAST SAID COURSE, ON THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 283.00 FEET; SUBTENDING A CENTRAL ANGLE OF 22° 02', AN ARC DISTANCE OF 108.83 FEET; THENCE SOUTH 1° 44' WEST, 10.53 FEET TO THE TRUE POINT OF BEGINNING, SOUTH 1° 44' WEST, 11.33 FEET; THENCE NORTH 69° 42' EAST, 428.66 FEET; THENCE NORTH 9° 19' 20" EAST, 12.08 FEET; THENCE SOUTH 69° 42' WEST, 430.38 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL 8:

ALL OF LOTS 1 THROUGH 7, INCLUSIVE, AND LOTS 12 AND 13, BLOCK 22, AS SAID LOTS AND BLOCK ARE SHOWN ON THAT CERTAIN MAP ENTITLED “WESTLAKE SUBDIVISION NO. 3", FILED FOR RECORD ON APRIL 7, 1950 IN VOLUME 31 OF MAPS AT PAGES 17 THROUGH 19, INCLUSIVE, IN THE OFFICE OF THE RECORDER OF SAN MATEO COUNTY.

PARCEL 9:

ADJUSTED LOT 8 AS SHOWN ON LOT LINE ADJUSTMENT, AS EVIDENCED BY DOCUMENT RECORDED JANUARY 27, 2005 AS INSTRUMENT NO. 2005-013939 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

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9 ALL THAT REAL PROPERTY SITUATE IN THE CITY OF DALY CITY, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, BEING A PORTION OF BLOCK 22 AS SAID BLOCK IS SHOWN ON THAT CERTAIN MAP ENTITLED “WESTLAKE SUBDIVISION NO. 3” FILED FOR RECORD ON APRIL 7, 1950 IN VOLUME 31 OF MAPS AT PAGES 17 THROUGH 19, INCLUSIVE, IN THE OFFICE OF THE

RECORDER FOR SAN MATEO COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID BLOCK 22; THENCE ALONG THE WESTERLY LINE OF SAID BLOCK, NORTH 20°18'00" WEST, 300.00 FEET; THENCE LEAVING SAID WESTERLY LINE, SOUTH 69°42'00" WEST, 291.675 FEET; THENCE NORTH 20°18'00" WEST, 100.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 20°18'00" WEST, 144.00 FEET; THENCE SOUTH 69°42'00" WEST, 291.675 FEET TO A POINT ON THE WESTERLY LINE OF SAID BLOCK; THENCE ALONG SAID WESTERLY LINE, NORTH 20°18'00" WEST, 51.00 FEET TO THE MOST WESTERLY CORNER OF LOT 8 OF SAID BLOCK; THENCE ALONG THE NORTHERLY LINE OF SAID LOT, NORTH 69°42'00" EAST, 744.00 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT; THENCE ALONG THE EASTERLY LINE OF SAID BLOCK, SOUTH 20°18'00" EAST, 195.00 FEET; THENCE SOUTH 69°42'00" WEST, 452.325 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL 10:

ADJUSTED LOT 9 AS SHOWN ON LOT LINE ADJUSTMENT, AS EVIDENCED BY DOCUMENT RECORDED JANUARY 27, 2005 AS INSTRUMENT NO. 2005-013939 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

ALL THAT REAL PROPERTY SITUATE IN THE CITY OF DALY CITY, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, BEING A PORTION OF BLOCK 22 AS SAID BLOCK IS SHOWN ON THAT CERTAIN MAP ENTITLED “WESTLAKE SUBDIVISION NO. 3” FILED FOR RECORD ON APRIL 7, 1950 IN VOLUME 31 OFMAPS AT PAGES 17 THROUGH 19, INCLUSIVE, IN THE OFFICE OF THE

RECORDER FOR SAN MATEO COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID BLOCK 22; THENCE ALONG THE WESTERLY LINE OF SAID BLOCK, NORTH 20°18'00" WEST, 303.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE, NORTH 20°18'00" WEST, 240.50 FEET; THENCE LEAVING SAID WESTERLY LINE, NORTH 69°42'00" EAST, 291.675 FEET; THENCE SOUTH 20°18'00" EAST, 240.50 FEET; THENCE SOUTH 69°42'00" WEST, 291.675 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL 11:

ADJUSTED LOT 10 AS SHOWN ON LOT LINE ADJUSTMENT, AS EVIDENCED BY DOCUMENT RECORDED JANUARY 27, 2005 AS INSTRUMENT NO. 2005-013939 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

ALL THAT REAL PROPERTY SITUATE IN THE CITY OF DALY CITY, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, BEING A PORTION OF BLOCK 22 AS SAID BLOCK IS SHOWN ON THAT CERTAIN MAP ENTITLED “WESTLAKE SUBDIVISION NO. 3” FILED FOR RECORD ON APRIL 7, 1950 IN VOLUME 31 OF MAPS AT PAGES 17 THROUGH 19, INCLUSIVE, IN THE OFFICE OF THE

RECORDER FOR SAN MATEO COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID BLOCK 22; THENCE ALONG THE WESTERLY LINE OF SAID BLOCK, NORTH 20°18'00" WEST, 300.00 FEET; THENCE LEAVING

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10 SAID WESTERLY LINE, NORTH 69°42'00" EAST, 291.675 FEET; THENCE NORTH 20°18'00" WEST, 3.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 20°18'00" WEST, 96.50 FEET; THENCE NORTH 69°42'00" EAST, 452.325 FEET TO A POINT ON THE EASTERLY LINE OF SAID BLOCK; THENCE ALONG SAID EASTERLY LINE, SOUTH 20°18'00" EAST, 96.50 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 69°42'00" WEST, 452.325 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL 12:

ADJUSTED LOT 11 AS SHOWN ON LOT LINE ADJUSTMENT, AS EVIDENCED BY DOCUMENT RECORDED JANUARY 27, 2005 AS INSTRUMENT NO. 2005-013939 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

ALL THAT REAL PROPERTY SITUATE IN THE CITY OF DALY CITY, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, BEING A PORTION OF BLOCK 22 AS SAID BLOCK IS SHOWN ON THAT CERTAIN MAP ENTITLED “WESTLAKE SUBDIVISION NO. 3” FILED FOR RECORD ON APRIL 7, 1950 IN VOLUME 31 OF MAPS AT PAGES 17 THROUGH 19, INCLUSIVE, IN THE OFFICE OF THE

RECORDER FOR SAN MATEO COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID BLOCK 22; THENCE ALONG THE WESTERLY LINE OF SAID BLOCK, NORTH 20°18'00" WEST, 200.00 FEET TO THE MOST SOUTHERLY CORNER OF LOT 11 OF SAID BLOCK 22 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE, NORTH 20°18'00" WEST, 103.50 FEET; THENCE LEAVING SAID WESTERLY LINE, NORTH 69°42'00" EAST, 744.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID BLOCK; THENCE ALONG SAID EASTERLY LINE, SOUTH 20°18'00" EAST, 103.50 FEET TO THE MOST EASTERLY CORNER OF SAID LOT 11; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 11, SOUTH 69°42'00" WEST, 744.00 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL 13:

THAT CERTAIN PORTION OF SOUTH MAYFAIR AVENUE ADJOINING BLOCK 22, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "WESTLAKE SUBDIVISION NO. 3, DALY CITY, CALIFORNIA",

FILED IN THEOFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON APRIL 7, 1950, IN BOOK 31 OF MAPS, AT PAGE 19, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID BLOCK 22, SAID CORNER BEING THE SOUTHWESTERLY CORNER OF THE INTERSECTION OF PARK PLAZA DRIVE AND SOUTH MAYFAIR AVENUE; THENCE WESTERLY SOUTH 69° 42' WEST, 10 FEET ALONG THE NORTHERLY LINE OF BLOCK 22 TO THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG SAID NORTHERLY LINE, SOUTH 69° 42' WEST, 714 FEET TO A POINT 20 FEET FROM THE NORTHWEST CORNER OF SAID BLOCK 22, SAID CORNER

BEING THE SOUTHEASTERLY CORNER OF THE INTERSECTION OF LAKE MERCED BOULEVARD AND SOUTH MAYFAIR AVENUE; THENCE NORTH 20° 18' WEST, 75 FEET TO THENORTHERLY RIGHT OF WAY LINE OF SOUTH MAYFAIR AVENUE; THENCE NORTH 69° 42' EAST, 714 FEET ALONG SAID NORTHERLY LINE; THENCE SOUTH 20° 18' EAST, 75 FEET TO THE TRUE POINT OF BEGINNING.

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11 Exhibit “B”

Page 72 of 169 ends

CITY OF DALY CITY

GRANT OF TEMPORARY CONSTRUCTION LICENSE

Grantor: Kimco Westlake L.P.

Property: Westlake Shopping Center

APNs: 002-170-220, 002-170-230

Grantee: City of Daly City

Kimco Westlake L.P. (“Owner”), whose mailing address is c/o Kimco Realty Corporation, Attn:

Legal Department, 500 North Broadway, Suite 201, Jericho, NY 11753, fee owner of the above- mentioned property hereby grants to the City of Daly City, a general law city, whose mailing address is 333 90th Street, Daly City, CA 94015, in the County of San Mateo, State of California, a Temporary Construction License in and upon the fo llowing described real property, situated in the County of San Mateo, State of California, described as follows:

PARCEL 1:

OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON APRIL 17, 1950, IN BOOK 31 OF MAPS AT PAGES 17, 18 AND 19; THENCE ALONG SAID SOUTHERLY

PARCEL 2:

BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF SOUTHGATE AVENUE, DISTANT THEREON NORTH 69° 42' EAST, 20.50 FEET FROM THE INTERSECTION OF SAID SOUTHERLY

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RO572 Streetlight Conversion Project
Grant of Temporary Construction License

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BOUNDARY, SOUTH 69° 42' WEST, 329.84 FEET; THENCE NORTH 20° 18' WEST, 227.50 FEET TO THE POINT OF BEGINNING.

PARCEL 3:

BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SOUTHGATE AVENUE, AS SHOWN ON THE MAP ENTITLED, "WESTLAKE SUBDIVISION NO. 3, DALY CITY, CALIFORNIA", FILED IN THE

OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON APRIL 7, 1950, IN BOOK 31 OF MAPS AT PAGES 17, 18 AND 19; SAID POINT BEING AT THE

INTERSECTION OF SAID SOUTHERLY LINE OF SOUTHGATE AVENUE AND THE SOUTHERLY

PARCEL 4:

WESTERLY LINE OF LAKE MERCED BOULEVARD, FORMERLY LYNNEWOOD DRIVE AND THE

59.03 FEET; THENCE NORTH 69° 42' EAST, 341.76 FEET; THENCE NORTH 65° 18' WEST, 15.38 FEET AND NORTH 20° 18' WEST, 105.00 FEET TO THE POINT OF BEGINNING.

PARCEL 5:

BEGINNING AT A POINT, DISTANT SOUTH 20° 18' EAST, 161.00 FEET AND SOUTHERLY

TANGENT TO THE LAST SAID COURSE, ON THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 437.00 FEET, SUBTENDING A CENTRAL ANGLE OF 4° 15' 54", AN ARC DISTANCE OF

32.53 FEET FROM THE SOUTHEAST CORNER OF LOT 13, IN BLOCK 22, AS SAID LOT AND BLOCK, ARE SHOWN ON THAT CERTAIN MAP ENTITLED, "WESTLAKE SUBDIVISION NO. 3, DALY

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RO572 Streetlight Conversion Project
Grant of Temporary Construction License

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CITY, CALIFORNIA", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON APRIL 7, 1950, IN BOOK 31 OF MAPS AT PAGES 17, 18 AND 19; THENCE FROM SAID POINT OF BEGINNING, SOUTH 69° 42' WEST, 331.22 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAN FRANCISCO WATER DEPARTMENT PIPELINE EASEMENT, 50.00 FEET WIDE; THENCE ALONG SAID LINE SOUTH 33° 26' 30" EAST, 9.50 FEET; THENCE LEAVING SAID LINE SOUTH 9° 19' 20" WEST, 131.42 FEET; THENCE SOUTH 69° 42' WEST, 430.38 FEET; THENCE NORTH 1° 44' EAST, 10.53 FEET; THENCE

CENTERLINES OF SOUTHGATE AVENUE AND LAKE MERCED BOULEVARD (FORMERLY LYNNEWOOD DRIVE), AS SHOWN ON THE AFORESAID MAP OF WESTLAKE SUBDIVISION NO. 3; THENCE SOUTH 69° 42' WEST, 136.62 FEET; THENCE NORTH 50° 18' WEST, 14.00 FEET; THENCE SOUTH 69° 42' WEST, 305.84 FEET; THENCE SOUTH 32° 57' WEST, 35.19 FEET; THENCE NORTH 57° 03' WEST, 98.58 FEET; THENCE NORTHWESTERLY TANGENT TO THE LAST SAID COURSE ON THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 100.00 FEET, SUBTENDING A CENTRAL ANGLE OF 18° 26', AN ARC DISTANCE OF 32.17 FEET; THENCE NORTH 75° 29' WEST, 94.34 FEET; THENCE WESTERLY TANGENT TO THE LAST SAID COURSE, ON THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 200.00 FEET, SUBTENDING A CENTRAL ANGLE OF 11° 42', AN ARC DISTANCE OF 40.84 FEET; THENCE NORTH 87° 11' WEST,

85.30 FEET TO A POINT IN THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF THE

DALY CITY PUBLIC LIBRARY SITE, AS DESCRIBED INTHE DEED FROM HENRY DOELGER

17.00 FEET AND SOUTH 20° 18' EAST, 142.00 FEET FROM AFORESAID MONUMENT, AT THE

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RO572 Streetlight Conversion Project
Grant of Temporary Construction License

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PARCEL 6:

NON-EXCLUSIVE EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES AND

TO THE LAST SAID COURSE SOUTHERLY ON THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 437.00 FEET; SUBTENDING A CENTRAL ANGLE OF 4° 15' 54", AN ARC DISTANCE OF

PARCEL 7:

NON-EXCLUSIVE EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES AND

PARCEL 8:

PARCEL 9:

ADJUSTED LOT 8 AS SHOWN ON LOT LINE ADJUSTMENT, AS EVIDENCED BY DOCUMENT RECORDED JANUARY 27, 2005 AS INSTRUMENT NO. 2005-013939 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

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RO572 Streetlight Conversion Project
Grant of Temporary Construction License

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ALL THAT REAL PROPERTY SITUATE IN THE CITY OF DALY CITY, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, BEING A PORTION OF BLOCK 22 AS SAID BLOCK IS SHOWN ON THAT CERTAIN MAP ENTITLED “WESTLAKE SUBDIVISION NO. 3” FILED FOR RECORD ON APRIL 7, 1950 IN VOLUME 31 OF MAPS AT PAGES 17 THROUGH 19, INCLUSIVE, IN THE OFFICE OF THE

RECORDER FOR SAN MATEO COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

PARCEL 10:

ADJUSTED LOT 9 AS SHOWN ON LOT LINE ADJUSTMENT, AS EVIDENCED BY DOCUMENT RECORDED JANUARY 27, 2005 AS INSTRUMENT NO. 2005-013939 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

RECORDER FOR SAN MATEO COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

PARCEL 11:

ADJUSTED LOT 10 AS SHOWN ON LOT LINE ADJUSTMENT, AS EVIDENCED BY DOCUMENT RECORDED JANUARY 27, 2005 AS INSTRUMENT NO. 2005-013939 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

ALL THAT REAL PROPERTY SITUATE IN THE CITY OF DALY CITY, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, BEING A PORTION OF BLOCK 22 AS SAID BLOCK IS SHOWN ON THAT CERTAIN MAP ENTITLED “WESTLAKE SUBDIVISION NO. 3” FILED FOR RECORD ON APRIL 7, 1950 IN VOLUME 31 OF MAPS AT PAGES 17 THROUGH 19, INCLUSIVE, IN THE OFFICE OF THE

RECORDER FOR SAN MATEO COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

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RO572 Streetlight Conversion Project
Grant of Temporary Construction License

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SAID BLOCK; THENCE ALONG SAID EASTERLY LINE, SOUTH 20°18'00" EAST, 96.50 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 69°42'00" WEST, 452.325 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL 12:

ADJUSTED LOT 11 AS SHOWN ON LOT LINE ADJUSTMENT, AS EVIDENCED BY DOCUMENT RECORDED JANUARY 27, 2005 AS INSTRUMENT NO. 2005-013939 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

ALL THAT REAL PROPERTY SITUATE IN THE CITY OF DALY CITY, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, BEING A PORTION OF BLOCK 22 AS SAID BLOCK IS SHOWN ON THAT CERTAIN MAP ENTITLED “WESTLAKE SUBDIVISION NO. 3” FILED FOR RECORD ON APRIL 7, 1950 IN VOLUME 31 OF MAPS AT PAGES 17 THROUGH 19, INCLUSIVE, IN THE OFFICE OF THE

RECORDER FOR SAN MATEO COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

PARCEL 13:

THAT CERTAIN PORTION OF SOUTH MAYFAIR AVENUE ADJOINING BLOCK 22, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "WESTLAKE SUBDIVISION NO. 3, DALY CITY, CALIFORNIA",

In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:

1. A non-exclusive, non-transferrab le Temporary Construction License (“TCL”) is hereby granted to the City of Daly City, its agents or Contractors (the “City”) to enter upon a portion of the property described in Exhibit “A” attached hereto and incorporated herein, within the Westlake Shopping Center, City of Daly City, California, (the “Property”), which Westlake Shopping Center is descri bed above, for the pur pose of entering the property to construct the RO572 Streetlight Conversion Project (the “Project”) within the

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Grant of Temporary Construction License

Page 7 of 11 ends

Streetlight License Area. This permission is granted in consideration of the benefits which may accrue to the Property. The Owner and the City will mutually agree upon the location of a temporary staging area for the constructi on of the Project, wh ich location will not unreasonably interfere with access to and from the Property.

2. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed improvements, except as otherwise expressly set forth herein.

3. The undersigned grantor or grantors warrant that they are the owners in fee simple of the Property affected by this Temporary Construction License as described in Section 1 above and they have the exclusive right to grant this Temporary Construction License.

4. To the extent reasonably and legally practicable, the City shall repair or restore any portions of the TCL or the Property that may be physically damaged by the City in the act of performing the work described above. It is understood that the City shall exercise reasonable care to avoid damage to the Property during said work.

5. The City shall defend, hold harmless and indemnify Owner and tenant(s) from any and all claims for injuries to persons and/or damage to property which arise out of the terms and conditions of this TCL.

6. Unless otherwise canceled or terminated, this Grant of Temporary Construction License, together with all of the license s granted herein shall automatically terminate and be of no further force and effect on July 31, 2026.

The rights granted within the above TCL expire upon dedication of a permanent easement in accordance with the Memorandum of Understanding executed between Owner and City.

SEE RIDER “A” ATTACHED HERETO AND MADE A PART HEREOF

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

SIGNATURE PAGE TO FOLLOW

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Grant of Temporary Construction License

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IN WITNESS WHEREOF the first pa rties have executed this Gran t of Temporary Construction License this _____ day of ________________, 2024.

OWNER

KIMCO WESTLAKE L.P.

By: KRCX California Realty, LLC, its general
partner

By: ________________________________
Name: Jason Lee
Title: Vice President
Date:____________
CITY

________________________________
Thomas J. Piccolotti
City Manager

Date: _____________

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EXHIBIT “A”

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RO572 Streetlight Conversion Project
Grant of Temporary Construction License

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RIDER “A”

LICENSE RIDER
This License Rider (“Rider”) is an integral pa rt of the Grant of Temporary Construction License instrument (“License”) to which it is attached. In the event of a discrepancy or conflict between the provisions of the attached License and the provisions cont ained in this Rider, this Rider shall prevail and govern. "Owner" as used herein means the grantor of the license rights and any future owner of the property. "Grantee" means the grantee of the license rights and any person exercising such rights.

1. Any construction, reconstruction, installation, operation, maintenance, repair, replacement, or removal by Grantee shall be at no cost to Owner and shall be so performed as to interfere as little as possible with the use and enjoyment of the property by Owner or persons occupying or lawfully on the property. To effectuate this intent, Grantee shall (i) provide and maintain safe vehicular and/or pedestrian bridges for use by Grantor's customers, agents, employees, and invitees, where necessary, to continue free access to stores and parking lots; and (ii) keep the License area and Owner's property free of equipment and materials at all times, except when necessary because workmen are actively working in the License area.

2. If the surface of the License area, Owner's propert y, or any improvements thereon shall be disturbed by Grantee's construction, reconstruc tion, installation, operation, main tenance, repair, replacement, or removal, the surface and improvements shall be promptly restored by Grantee to the condition just prior to such disturbance.

3. There shall be no liability on Owner, its su ccessors and assigns, or persons occupying or present on the property for damage, if any, which may be caused by normal use of, or vehicular or pedestrian traffic over, the License area. Normal use shall include the right to park vehicles on the License area and install, operate, and maintain parking lot improvements such as pavement, bump er curbs, light standards, and striping.

4. Grantee will not permit any mechanics', materi almen's or other liens to stand against Owner's property for work or materials furnished in connection with the license rights, and Grantee agrees to defend, indemnify and hold Owner harmless from the same (including attorneys' fees).

5. Grantee agrees to defend, indemnify and sav e Owner and its successors and assigns harmless from all liabilities, losses, damages, demands, claims, causes of action or judgments, a nd expenses incurred in investigating the same or legal fees for the defense of the same, relating to any injury to person, loss of life or damage to property occurring on the License area or arising out of Grantee's use and occupancy of this area or occurring anywhere in Grantee's exercise of its license rights. Grantee agrees to maintain adequate insurance covering its obligations as stated herein with respect to injury to person or property and loss of life and furnish Owner with certificates of such insurance on request.

6. Notwithstanding anything to the contrary stated in the License or in this Rider, Owner for itself and its grantees (other than Grantee he rein), its successors and assigns reserves the right, at Owner's expense, to relocate the License and all or any part of the utilit ies installed therein to permit further development of Owner's property.

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Grant of Temporary Construction License

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7. This License shall continue so long as Grant ee, its successors or assigns, shall use the same for the purpose specified, but upon the discontinuance of said use, this License shall expire without notice being required and shall be of no further force or effect. Grantee agrees that upon such expiration, Grantee will execute a quit-claim deed or other appropriate instru ment evidencing the termination of the rights granted under this License.

8. Grantee shall have no right to assign, sublet or license to any other person or entity the use of the License area or its rights granted under this License and shall not permit or suffer any other person or entity to use the License area without the prior written consent of Owner.

9. In the event that the License area or any part thereof, or Grantee's license rights are taken under the power of eminent domain, any award for such a taking or damages paid as a result of the taking shall be the sole and exclusive property of Owner. Grantee agrees to execute any instrument of assignment as may be required by Owner for the recovery of damages and agrees to turn over to Owner any damage proceeds that may be recovered, but Grantee may recover for itself damages for labor costs incurred and for any items of property belonging to Grantee (such as pipes, wires, conduits, or equipment) which are so taken, provided Owner's award is not reduced thereby.

10. This license is subject to all covenants, c onditions, agreements and other matters of record.

11. Grantee, by its acceptance of the delivery of th is Grant of License, assumes and agrees to perform all of the promises, agreements, and obligations herein provided to be performed on the part of Grantee.

12. Owner and Grantee hereby covenant and agree that neither the License nor this Rider shall be recorded in the Official Records of the County in wh ich the Shopping Center is located. Nothing herein contained shall be deemed to be a gift or dedica tion of any portion of the Streetlight License Area, the Shopping Center, or portion thereof, to the general public, or for any public use or purpose whatsoever.

END OF RIDER

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RECORDING REQUESTED BY:

City of Daly City

WHEN RECORDED MAIL TO:

City of Daly City
Attn: City Clerk
333 90
th Street
Daly City, CA 94015

APNs: 002-170-220, 002-170-230

PUBLIC SERVICE UTILITY EASEMENT DEED

WESTLAKE SHOPPING CENTER

THE UNDERSIGNED GRANTOR DECLARES:

Documentary Transfer Tax – EXEMPT – Rev. & Tax. C.A. § 11922 Filing Fee – EXEMPT – Gov. Code § 6103

KIMCO WESTLAKE L.P. (“Grantor”), whose mailing a ddress is c/o Kimco Realty Corporation, Attn: Legal Department, 500 North Broadway, Suite 201, Jericho, NY 11753, owner of that certain real property located in the City of Daly Ci ty, County of San Mateo, State of California, HEREBY GRANTS to the CITY OF DALY CITY (“City”), a municipal corporation, whose mailing address is 333 90th Street, Daly City, CA 94015, a PUBLIC SERVICE UTILITY EASEMENT over and under a portion of that certain re al property more part icularly described and attached hereto as Exhibit “A” and incorporated herein, whic h portion is depicted as the “Streetlight Easement Area” on the plat attached hereto as Exhib it “B” and incorporated herein (“Public Service Utility Easement”), for the right to erect, install, construct, remove, repair, replace, reconstruct, maintain and use, for public service purposes, any and all materials, fixtures, appliances, equipment, pipes, pipelines, necessary for the transmission, collection, distribution and delivery of utility services over, along, upon, under and across the parcel of real property lands of Grantor for all purposes useful or convenient in connection with or incidental to the exercise of the rights herein. Upon the completion of the construction of said materials, fixtures, appliances, equipment, pipes, or pipelines, and until to the expiration of this Public Service Utility Easement, the City shall, at its sole cost and expense, maintain, repair, and replace the same in good and safe condition.

GRANTOR FURTHER GRANTS TO CITY the right to:

1. Review and control the maintenance of any improvements within said easements; and

2. Enter upon said easement for the purpose of construction, replacement, maintenance and repair of any and all public service facilities and appurtenances within said easement. City shall have the further right to pass through the contiguous real prop erty of Grantor for access to the easement.

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GRANTOR FURTHER ANCKNOWLEGES AND AGREE to the following:

1. Grantor shall not plant any trees or bushes with in or erect, construct or install any fence, wall, irrigation or any other type of structure, improvement or private utilities over, across or under said easement without first obtaining written permi ssion from City, which shall not be unreasonably withheld. Grantor sha ll keep the easement area clear from any obstructions that will make the area inaccessible.

The conveyance of said easements is made for the benefit of all parties who have or may acquire any right, title, or interest in any part of the above-described real prop erty. This conveyance is binding on the Grantor, its heirs, assigns and successors in interest.

SEE RIDER “A” ATTACHED HERETO AND MADE A PART HEREOF

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

SIGNATURE PAGE TO FOLLOW

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KIMCO WESTLAKE L.P.

By: KRCX California Realty, LLC, its general
partner

By: ______________________________

Name: Jason Lee

Its: Vice President

DATED: __________, 20____.

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CERTIFICATE OF ACCEPTANCE
(Government Section 27281)

THIS IS TO CERTIFY that the interest in real property conveyed by the Public Utility Easement Deed dated _________________, 20___ from KIMCO WESTLAKE L.P. to the City of Daly City, a municipal corporation, is hereby accepted by the unde rsigned on behalf of th e City of Daly City pursuant to the authority conferred by C ity Council Resolution No. _______ adopted on ____________________, 20___, and the City of Daly City cons ents to recordation thereof by its duly authorized officer.

CITY OF DALY CITY, a municipal corporation

Dated: __________________, 20___ By: ______________________________ Thomas J. Piccolotti
City Manager

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ACKNOWLEDGMENT FOR GRANTOR

A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF )
) SS

COUNTY OF )

On ______________ before me, ___________________________ , a Notary Public, personally appeared ___________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ________________________________

(SEAL)

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EXHIBIT “A”
Legal Description
PARCEL 1:

OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON APRIL 17, 1950, IN BOOK 31 OF MAPS AT PAGES 17, 18 AND 19; THENCE ALONG SAID SOUTHERLY

PARCEL 2:

BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF SOUTHGATE AVENUE, DISTANT THEREON NORTH 69° 42' EAST, 20.50 FEET FROM THE INTERSECTION OF SAID SOUTHERLY

PARCEL 3:

BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SOUTHGATE AVENUE, AS SHOWN ON THE MAP ENTITLED, "WESTLAKE SUBDIVISION NO. 3, DALY CITY, CALIFORNIA", FILED IN THE

OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON APRIL 7, 1950, IN BOOK 31 OF MAPS AT PAGES 17, 18 AND 19; SAID POINT BEING AT THE

INTERSECTION OF SAID SOUTHERLY LINE OF SOUTHGATE AVENUE AND THE SOUTHERLY

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OF A CURVE TO THE LEFT FROM A TANGENT BEARING NORTH 69° 42' EAST, SAID CURVE HAVING A RADIUS OF 23 FEET AND A CENTRAL ANGLE OF 90° 00' A DISTANCE OF 36.13 FEET; THENCE NORTH 20° 18' WEST, 102.00 FEET TO THE SAID SOUTHEASTERLY LINE OF SOUTHGATE AVENUE; THENCE ALONG SAID LINE OF SOUTHGATE AVENUE, SOUTH 69° 42' WEST, 23.00 FEET TO THE POINT OF BEGINNING.

PARCEL 4:

WESTERLY LINE OF LAKE MERCED BOULEVARD, FORMERLY LYNNEWOOD DRIVE AND THE

59.03 FEET; THENCE NORTH 69° 42' EAST, 341.76 FEET; THENCE NORTH 65° 18' WEST, 15.38 FEET AND NORTH 20° 18' WEST, 105.00 FEET TO THE POINT OF BEGINNING.

PARCEL 5:

BEGINNING AT A POINT, DISTANT SOUTH 20° 18' EAST, 161.00 FEET AND SOUTHERLY

TANGENT TO THE LAST SAID COURSE, ON THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 437.00 FEET, SUBTENDING A CENTRAL ANGLE OF 4° 15' 54", AN ARC DISTANCE OF

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THENCE NORTH 57° 03' WEST, 98.58 FEET; THENCE NORTHWESTERLY TANGENT TO THE LAST SAID COURSE ON THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 100.00 FEET, SUBTENDING A CENTRAL ANGLE OF 18° 26', AN ARC DISTANCE OF 32.17 FEET; THENCE NORTH 75° 29' WEST, 94.34 FEET; THENCE WESTERLY TANGENT TO THE LAST SAID COURSE, ON THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 200.00 FEET, SUBTENDING A CENTRAL ANGLE OF 11° 42', AN ARC DISTANCE OF 40.84 FEET; THENCE NORTH 87° 11' WEST,

85.30 FEET TO A POINT IN THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF THE

DALY CITY PUBLIC LIBRARY SITE, AS DESCRIBED INTHE DEED FROM HENRY DOELGER

17.00 FEET AND SOUTH 20° 18' EAST, 142.00 FEET FROM AFORESAID MONUMENT, AT THE

PARCEL 6:

NON-EXCLUSIVE EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES AND

TO THE LAST SAID COURSE SOUTHERLY ON THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 437.00 FEET; SUBTENDING A CENTRAL ANGLE OF 4° 15' 54", AN ARC DISTANCE OF

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STATE OF CALIFORNIA, ON APRIL 7, 1950, IN BOOK 31 OF MAPS AT PAGES 17, 18 AND 19; THENCE FROM SAID POINT OF BEGINNING, SOUTH 69° 42' WEST, 331.22 FEET TO A POINT IN

PARCEL 7:

NON-EXCLUSIVE EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES AND

PARCEL 8:

PARCEL 9:

ADJUSTED LOT 8 AS SHOWN ON LOT LINE ADJUSTMENT, AS EVIDENCED BY DOCUMENT RECORDED JANUARY 27, 2005 AS INSTRUMENT NO. 2005-013939 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

ALL THAT REAL PROPERTY SITUATE IN THE CITY OF DALY CITY, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, BEING A PORTION OF BLOCK 22 AS SAID BLOCK IS SHOWN ON THAT CERTAIN MAP ENTITLED “WESTLAKE SUBDIVISION NO. 3” FILED FOR RECORD ON APRIL 7, 1950 IN VOLUME 31 OF MAPS AT PAGES 17 THROUGH 19, INCLUSIVE, IN THE OFFICE OF THE

RECORDER FOR SAN MATEO COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

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SOUTH 20°18'00" EAST, 195.00 FEET; THENCE SOUTH 69°42'00" WEST, 452.325 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL 10:

ADJUSTED LOT 9 AS SHOWN ON LOT LINE ADJUSTMENT, AS EVIDENCED BY DOCUMENT RECORDED JANUARY 27, 2005 AS INSTRUMENT NO. 2005-013939 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

RECORDER FOR SAN MATEO COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

PARCEL 11:

ADJUSTED LOT 10 AS SHOWN ON LOT LINE ADJUSTMENT, AS EVIDENCED BY DOCUMENT RECORDED JANUARY 27, 2005 AS INSTRUMENT NO. 2005-013939 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

ALL THAT REAL PROPERTY SITUATE IN THE CITY OF DALY CITY, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, BEING A PORTION OF BLOCK 22 AS SAID BLOCK IS SHOWN ON THAT CERTAIN MAP ENTITLED “WESTLAKE SUBDIVISION NO. 3” FILED FOR RECORD ON APRIL 7, 1950 IN VOLUME 31 OF MAPS AT PAGES 17 THROUGH 19, INCLUSIVE, IN THE OFFICE OF THE

RECORDER FOR SAN MATEO COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID BLOCK 22; THENCE ALONG THE WESTERLY LINE OF SAID BLOCK, NORTH 20°18'00" WEST, 300.00 FEET; THENCE LEAVING SAID WESTERLY LINE, NORTH 69°42'00" EAST, 291.675 FEET; THENCE NORTH 20°18'00" WEST, 3.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 20°18'00" WEST, 96.50 FEET; THENCE NORTH 69°42'00" EAST, 452.325 FEET TO A POINT ON THE EASTERLY LINE OF SAID BLOCK; THENCE ALONG SAID EASTERLY LINE, SOUTH 20°18'00" EAST, 96.50 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 69°42'00" WEST, 452.325 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL 12:

ADJUSTED LOT 11 AS SHOWN ON LOT LINE ADJUSTMENT, AS EVIDENCED BY DOCUMENT RECORDED JANUARY 27, 2005 AS INSTRUMENT NO. 2005-013939 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

ALL THAT REAL PROPERTY SITUATE IN THE CITY OF DALY CITY, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, BEING A PORTION OF BLOCK 22 AS SAID BLOCK IS SHOWN ON THAT CERTAIN MAP ENTITLED “WESTLAKE SUBDIVISION NO. 3” FILED FOR RECORD ON APRIL 7, 1950 IN VOLUME 31 OF MAPS AT PAGES 17 THROUGH 19, INCLUSIVE, IN THE OFFICE OF THE

RECORDER FOR SAN MATEO COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

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THENCE LEAVING SAID WESTERLY LINE, NORTH 69°42'00" EAST, 744.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID BLOCK; THENCE ALONG SAID EASTERLY LINE, SOUTH 20°18'00" EAST, 103.50 FEET TO THE MOST EASTERLY CORNER OF SAID LOT 11; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 11, SOUTH 69°42'00" WEST, 744.00 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL 13:

THAT CERTAIN PORTION OF SOUTH MAYFAIR AVENUE ADJOINING BLOCK 22, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "WESTLAKE SUBDIVISION NO. 3, DALY CITY, CALIFORNIA",

Page 94 of 169 ends

EXHIBIT “B”

Page 95 of 169 ends

RIDER “A”

UTILITY EASEMENT RIDER

This Utility Easement Rider (“Rider”) is an integral part of the Public Service Utility Easement Deed instrument (“Easement”) to which it is attached. In the event of a discrepancy or conflict between the provisions of the attached Easement and the provisions contained in this Rider, this Rider shall prevail and govern. "Owner" as used herein means the grantor of the easement rights and any future owner of the property. "Grantee" means the grantee of the easement rights and any person exercising such rights.

1. Any construction, reconstr uction, installation, operation, maintenance, repair, replacement, or removal by Grantee shall be at no cost to Owner and shall be so performed as to interfere as little as possible with the use and enjoyment of the property by Owner or persons occupying or lawfully on the property. To effectuate this intent, Grantee shall (i) provide and maintain safe vehicular and/or pedestrian bridges for use by Grantor's customers, agents, employees, and invitees, where necessary, to cont inue free access to stores and pa rking lots; and (ii) keep the Easement area and Owner's property free of equipm ent and materials at all times, except when necessary because workmen are actively working in the Easement area.

2. If the surface of the Easement area, Owner 's property, or any improvements thereon shall be disturbed by Grantee's construction, reconstruction, installation, operation, maintenance, repair, replacement, or removal, the surface and improveme nts shall be promptly restored by Grantee to the condition just prior to such disturbance.

3. Any and all improvements, fixtures, and eq uipment which may be installed in the easement area pursuant to this Easement shall be installed below the surface of the ground and shall not be visible from the surface, but for the improvements, fixtures and equipment in connection with the RO572 Streetlight Conversion Project (the “Project”) and unless sp ecifically indicated to the contrary herein. Owner's failure to object to a vi olation of this provision shall not be deemed a waiver unless such waiver is obtained in a writing signed by Owner.

4. There shall be no liability on Owner, its su ccessors and assigns, or persons occupying or present on the property for damage, if any, which may be caused by normal use of, or vehicular or pedestrian traffic over, the Easement area. Normal use shall include the right to park vehicles on the Easement area and install, operate, and maintain parking lot improvements such as pavement, bumper curbs, light standards, and striping.

5. Grantee will not permit any mechanics', materialmen's or other liens to stand against Owner's property for work or materials furnishe d in connection with the easement rights, and Grantee agrees to defend, indemnify and hold Owner harmless from the same (including attorneys' fees).

6. Grantee agrees to defe nd, indemnify and save Owner a nd its successors and assigns harmless from all liabilities, losses, damages, demands, claims, causes of action or judgments, and expenses incurred in inve stigating the same or legal fees for the defense of the same, relating to

Page 96 of 169 ends

any injury to person, loss of life or damage to property occurring on the Easement area or arising out of Grantee's use and occupancy of this area or occurring anywhere in Grantee's exercise of its easement rights. Grantee agrees to maintain adequate insurance covering its obligations as stated herein with respect to injury to person or pr operty and loss of life and furnish Owner with certificates of such insurance on request.

7. Notwithstanding anything to the contrary stat ed in the Easement or in this Rider, Owner for itself and its grantees (other than Grantee herein), its successors and assigns reserves the right, at Owner's expense, to relocate the Easement and all or any part of the utilities installed therein to permit further development of Owner's property.

8. This Easement shall continue so long as Gr antee, its successors or assigns, shall use the same for the purpose specified, but upon the discontinuance of said use, this Easement shall expire without notice being required and shall be of no further force or effect. Grantee agrees that upon such expiration, Grantee will execute a quit-claim deed or other appropriate instrument evidencing the termination of the rights granted under this Easement.

9. Grantee shall have no right to assign, sublet or license to any other person or entity the use of the Easement area or its right s granted under this Easement and shall not permit or suffer any other person or entity to use the Easement area without the prior written consent of Owner.

10. In the event that the Easement area or a ny part thereof, or Grantee's easement rights are taken under the power of eminent domain, any award for such a taking or damages paid as a result of the taking shall be the sole and exclusive property of Owner. Grantee agrees to execute any instrument of assignment as may be required by Owner for the recovery of damages and agrees to turn over to Owner any damage proceeds that may be recovered, but Grantee may recover for itself damages for labor costs incurred and for any items of property belonging to Grantee (such as pipes, wires, conduits, or equipment) which are so taken, provided Owner's award is not reduced thereby.

11. This easement is subject to all covenant s, conditions, agreements and other matters of record.

12. Grantee, by its acceptance of the delivery of this Grant of Easement, assumes and agrees to perform all of the promises, agreements, and ob ligations herein provided to be performed on the part of Grantee.

END OF RIDER

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City Council Meeting Agenda ReportItem # _____
Meeting Date: March 11, 2024
Subject: Approve Salary Reassignments for the Fire Chief and Deputy Fire Chief Positions Recommended Action
Staff recommends that the City Council adopt a resolution approving salary reassignments for the Fire Chief and Deputy Fire Chief positions effective November 28, 2020, eliminating the 7.5% Holiday-In-Lieu pay.

Discussion
On January 22, 2024, the City Council approved Resolution 24-16 eliminating the 7.5% Holiday-In- Lieu Pay for the Fire Chief and Deputy Fire Chiefs that was provided by Resolution 20-179 and provided a 7.5% salary increase effective February 3, 2024.

Resolution 24-16 does not address the period from November 28, 2020 through February 2, 2024.

This Resolution addresses the period between November 28, 2020 and February 2, 2024. This will result in salary reassignments in the Executive Management salary schedule as follows:
•Reassign the Fire Chief from Range M447 to Range M471 effective November 28, 2020. •Reassign the Deputy Fire Chief from Range M350 to Range M429 effective November 28, 2020.
•Reassign the Deputy Fire Chief from Range M429 to Range M434 effective October 2, 2021.

Fiscal Impact
The proposed range reassignments to the Fire Chief and Deputy Fire Chief salary will result in a negligible change to the General Fund budget for FY 2024.

Summary/Conclusion
Staff recommends that the City Council adopt a resolution approving salary reassignments for the Fire Chief and Deputy Fire Chief positions.

Staff is available to provide any additional information desired by the Mayor or Councilmembers.

Respectfully submitted,

Thomas J. Piccolotti Timothy J. Nevin Natalie Sakkal
City Manager Director of Finance & Director of Human Resources Administrative Services

Page 98 of 169 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DALY CITY APPROVING

SALARY REASSIGNMENTS FOR THE FIRE CHIEF AND DEPUTY FIRE CHIEF

POSITIONS

A. City Council eliminates the 7.5% Holiday-In-Lieu pay effective November 28, 2020.

B. City Council approves salary reassignments in the Executive Management salary schedule for the Fire Chief (from Range M447 to M471) effective November 28, 2020 and Deputy Fire Chief classification (from Range M350 to Range M429) effective November 28, 2020 and (from Range M429 to Range M434) effective October 2, 2021.

B. On January 22, 2024, the City Council approved Resolution 24-16 eliminating the

7.5% Holiday-In-Lieu Pay for the Fire Chief and Deputy Fire Chiefs that was provided by Resolution 20-179. The City provided a 7.5% salary increase effective February 3, 2024.

Resolution 24-16 does not address the period from November 28, 2020 through February 2, 2024. This Resolution addresses the period between November 28, 2020 and February 2, 2024.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Daly City that it does hereby approve the proposed salary reassignments in the Executive Management salary schedule for the Fire Chief and Deputy Fire Chief classifications as shown above.

I hereby certify the foregoing to be a true copy of a Resolution adopted by the City Council of Daly City, California, at a regular meeting thereof held on the day of , 2024, by the following vote of the members thereof:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

CITY CLERK OF THE CITY OF DALY CITY
APPROVED:

MAYOR OF THE CITY OF DALY CITY

Page 99 of 169 ends

Range STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
M 311 5,119.37 5,375.34 5,644.10 5,926.31 6,222.63
A - Deputy Director of Finance & Administrative Services M 312 5,145.39 5,402.66 5,672.79 5,956.43 6,254.25
M 313 5,173.77 5,432.46 5,704.08 5,989.28 6,288.75
M 314 5,202.15 5,462.26 5,735.37 6,022.14 6,323.25
M 315 5,229.35 5,490.82 5,765.36 6,053.62 6,356.31
M 316 5,257.73 5,520.62 5,796.65 6,086.48 6,390.80
M 317 5,287.29 5,551.66 5,829.24 6,120.70 6,426.74
M 318 5,314.49 5,580.22 5,859.23 6,152.19 6,459.80
M 319 5,342.88 5,610.02 5,890.52 6,185.05 6,494.30
M 320 5,370.08 5,638.58 5,920.51 6,216.53 6,527.36
M 321 5,399.64 5,669.62 5,953.10 6,250.76 6,563.30
M 322 5,424.47 5,695.70 5,980.48 6,279.51 6,593.48
M 323 5,455.22 5,727.98 6,014.38 6,315.10 6,630.85
M 324 5,482.42 5,756.54 6,044.37 6,346.59 6,663.92
M 325 5,510.80 5,786.34 6,075.66 6,379.44 6,698.41
M 326 5,538.00 5,814.90 6,105.65 6,410.93 6,731.47
M 327 5,567.57 5,845.94 6,138.24 6,445.15 6,767.41
M 328 5,594.76 5,874.50 6,168.23 6,476.64 6,800.47
M 329 5,623.15 5,904.30 6,199.52 6,509.49 6,834.97
M 330 5,651.53 5,934.10 6,230.81 6,542.35 6,869.47
Biweekly Salary Schedule M

MANAGEMENT
Effective October 3, 2020
(3% cost of living increase per Resolution 20-47 adopted by City Council on April 13, 2020)

Page 100 of 169 ends

Range STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
Biweekly Salary Schedule M

MANAGEMENT
Effective October 3, 2020
(3% cost of living increase per Resolution 20-47 adopted by City Council on April 13, 2020) M 331 5,681.09 5,965.15 6,263.40 6,576.57 6,905.40
M 332 5,710.66 5,996.19 6,296.00 6,610.80 6,941.34
M 333 5,740.22 6,027.23 6,328.59 6,645.02 6,977.27
M 334 5,769.79 6,058.28 6,361.19 6,679.25 7,013.21
M 335 5,799.35 6,089.32 6,393.78 6,713.47 7,049.15
M 336 5,826.55 6,117.88 6,423.77 6,744.96 7,082.21
M 337 5,856.11 6,148.92 6,456.37 6,779.18 7,118.14
M 338 5,885.68 6,179.96 6,488.96 6,813.41 7,154.08
M 339 5,916.43 6,212.25 6,522.86 6,849.00 7,191.45
A - Assistant City Attorney
A - Assistant Director of Economic & Community Development M 340
5,947.17 6,244.53 6,556.76 6,884.60 7,228.82
M 341 5,977.92 6,276.82 6,590.66 6,920.19 7,266.20
M 342 6,008.67 6,309.10 6,624.55 6,955.78 7,303.57
M 343 6,038.23 6,340.14 6,657.15 6,990.01 7,339.51
M 344 6,070.16 6,373.67 6,692.35 7,026.97 7,378.32
A - Assistant Director of Finance & Administrative Services M 345 6,099.72 6,404.71 6,724.95 7,061.19 7,414.25
M 346 6,130.47 6,436.99 6,758.84 7,096.79 7,451.63
M 347 6,162.40 6,470.52 6,794.05 7,133.75 7,490.44
M 348 6,194.33 6,504.05 6,829.25 7,170.71 7,529.25
M 349 6,225.08 6,536.33 6,863.15 7,206.31 7,566.62

Page 101 of 169 ends

Range STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
Biweekly Salary Schedule M

MANAGEMENT
Effective October 3, 2020
(3% cost of living increase per Resolution 20-47 adopted by City Council on April 13, 2020) M 350 6,406.39 6,726.71 7,063.05 7,416.20 7,787.01
A - Deputy Fire Chief*
M 359 6,446.25 6,768.56 7,106.99 7,462.34 7,835.45
A - Assistant Director of Public Works/City Engineer
M 420 6,579.85 6,908.84 7,254.28 7,617.00 7,997.85
M 421 6,616.51 6,947.34 7,294.70 7,659.44 8,042.41
M 422 6,650.80 6,983.34 7,332.51 7,699.14 8,084.09
M 423 6,683.92 7,018.11 7,369.02 7,737.47 8,124.34
M 424 6,719.39 7,055.36 7,408.13 7,778.54 8,167.47
M 425 6,758.42 7,096.34 7,451.16 7,823.71 8,214.90
M 426 6,791.53 7,131.11 7,487.66 7,862.05 8,255.15
M 427 6,827.01 7,168.36 7,526.78 7,903.12 8,298.27
M 428 6,867.22 7,210.58 7,571.11 7,949.66 8,347.14
A - Director of Human Resources
A - Director of Library & Recreation Services
A - Library Director
M 429
6,897.96 7,242.86 7,605.00 7,985.25 8,384.52
6,886.87 7,231.21 7,592.77 7,972.41 8,371.03
A - Deputy Fire Chief*/**
M 430 6,934.62 7,281.35 7,645.42 8,027.69 8,429.08
M 431 6,972.47 7,321.09 7,687.14 8,071.50 8,475.07
M 432 7,005.58 7,355.86 7,723.65 8,109.83 8,515.32
M 433 7,044.60 7,396.83 7,766.67 8,155.01 8,562.76
M 434 7,082.44 7,436.57 7,808.40 8,198.81 8,608.76

Page 102 of 169 ends

Range STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
Biweekly Salary Schedule M

MANAGEMENT
Effective October 3, 2020
(3% cost of living increase per Resolution 20-47 adopted by City Council on April 13, 2020) M 435 7,116.74 7,472.58 7,846.21 8,238.52 8,650.44
M 436 7,158.13 7,516.04 7,891.84 8,286.43 8,700.75
M 437 7,194.79 7,554.53 7,932.26 8,328.87 8,745.31
M 438 7,231.45 7,593.02 7,972.67 8,371.31 8,789.87
M 439 7,270.47 7,634.00 8,015.70 8,416.48 8,837.31
M 440 7,305.95 7,671.25 8,054.81 8,457.55 8,880.43
A - Director of Economic & Community Development
A - Director of Public Works
A - Director of Water & Wastewater Resources
M 441
7,341.43 7,708.50 8,093.93 8,498.62 8,923.55
M 442 7,380.45 7,749.48 8,136.95 8,543.80 8,970.99
A - Director of Finance & Administrative Services
M 443 7,417.11 7,787.97 8,177.37 8,586.24 9,015.55
M 444 7,454.96 7,827.70 8,219.09 8,630.04 9,061.55
M 445 7,492.80 7,867.44 8,260.81 8,673.85 9,107.54
M 446 7,530.64 7,907.17 8,302.53 8,717.66 9,153.54
M 447 7,595.42 7,975.19 8,373.95 8,792.65 9,232.28
A - Chief of Police*
A -
Fire Chief*
M 448 7,607.51 7,987.88 8,387.28 8,806.64 9,246.97
M 449 7,645.35 8,027.62 8,429.00 8,850.45 9,292.97
M 450 7,684.38 8,068.59 8,472.02 8,895.63 9,340.41
M 451 7,724.58 8,110.81 8,516.35 8,942.17 9,389.28
M 452 7,764.79 8,153.03 8,560.68 8,988.72 9,438.15

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Range STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
Biweekly Salary Schedule M

MANAGEMENT
Effective October 3, 2020
(3% cost of living increase per Resolution 20-47 adopted by City Council on April 13, 2020) A - Assistant City Manager
M 471 8,165.07 8,573.33 9,001.99 9,452.09 9,924.70
A- Fire Chief */**
* Per Resolution 20-179 adopted by City Council on 11/23/20 (3% equity) ** Per Resolution 24- adopted by City Council on 3/11/24 eff. 11/28/20

Page 104 of 169 ends

Range STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
M 311 5,272.95 5,536.60 5,813.43 6,104.10 6,409.30 A - Deputy Director of Finance & Administrative Services M 312 5,299.75 5,564.73 5,842.97 6,135.12 6,441.88 M 313 5,328.98 5,595.43 5,875.20 6,168.96 6,477.41 M 314 5,358.21 5,626.12 5,907.43 6,202.80 6,512.94 M 315 5,386.23 5,655.54 5,938.32 6,235.23 6,547.00 M 316 5,415.46 5,686.24 5,970.55 6,269.07 6,582.53 M 317 5,445.91 5,718.21 6,004.12 6,304.33 6,619.54 M 318 5,473.93 5,747.63 6,035.01 6,336.76 6,653.59 M 319 5,503.16 5,778.32 6,067.24 6,370.60 6,689.13 M 320 5,531.18 5,807.74 6,098.12 6,403.03 6,723.18 M 321 5,561.63 5,839.71 6,131.70 6,438.28 6,760.19 M 322 5,587.21 5,866.57 6,159.90 6,467.89 6,791.29 M 323 5,618.88 5,899.82 6,194.81 6,504.55 6,829.78 M 324 5,646.89 5,929.24 6,225.70 6,536.98 6,863.83 M 325 5,676.13 5,959.93 6,257.93 6,570.83 6,899.37 M 326 5,704.14 5,989.35 6,288.82 6,603.26 6,933.42 M 327 5,734.59 6,021.32 6,322.39 6,638.51 6,970.43 M 328 5,762.61 6,050.74 6,353.27 6,670.94 7,004.49 M 329 5,791.84 6,081.43 6,385.50 6,704.78 7,040.02 M 330 5,821.07 6,112.13 6,417.73 6,738.62 7,075.55 Biweekly Salary Schedule M

MANAGEMENT
Effective October 2, 2021
(3% cost of living increase per Resolution 20-47 adopted by City Council on April 13, 2020)

Page 105 of 169 ends

Range STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
Biweekly Salary Schedule M

MANAGEMENT
Effective October 2, 2021
(3% cost of living increase per Resolution 20-47 adopted by City Council on April 13, 2020) M 331 5,851.53 6,144.10 6,451.31 6,773.87 7,112.57 M 332 5,881.98 6,176.08 6,484.88 6,809.12 7,149.58 M 333 5,912.43 6,208.05 6,518.45 6,844.37 7,186.59 M 334 5,942.88 6,240.02 6,552.02 6,879.63 7,223.61 M 335 5,973.33 6,272.00 6,585.60 6,914.88 7,260.62 M 336 6,001.35 6,301.41 6,616.48 6,947.31 7,294.67 M 337 6,031.80 6,333.39 6,650.06 6,982.56 7,331.69 M 338 6,062.25 6,365.36 6,683.63 7,017.81 7,368.70 M 339 6,093.92 6,398.61 6,718.54 7,054.47 7,407.20 A - Assistant City Attorney
A - Assistant Director of Economic & Community Development M 340 6,125.59 6,431.87 6,753.46 7,091.13 7,445.69 M 341 6,157.26 6,465.12 6,788.38 7,127.79 7,484.18 M 342 6,188.93 6,498.37 6,823.29 7,164.46 7,522.68 M 343 6,219.38 6,530.35 6,856.86 7,199.71 7,559.69 M 344 6,252.26 6,564.88 6,893.12 7,237.78 7,599.67 A - Assistant Director of Finance & Administrative Services M 345 6,282.72 6,596.85 6,926.69 7,273.03 7,636.68 M 346 6,314.39 6,630.10 6,961.61 7,309.69 7,675.17 M 347 6,347.27 6,664.64 6,997.87 7,347.76 7,715.15 M 348 6,380.16 6,699.17 7,034.13 7,385.83 7,755.12

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Range STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
Biweekly Salary Schedule M

MANAGEMENT
Effective October 2, 2021
(3% cost of living increase per Resolution 20-47 adopted by City Council on April 13, 2020) M 349 6,411.83 6,732.42 7,069.04 7,422.49 7,793.62 M 350 6,598.58 6,928.51 7,274.94 7,638.68 8,020.62 M 359 6,639.64 6,971.62 7,320.20 7,686.21 8,070.52 A - Assistant Director of Public Works/City Engineer
A - Assistant Director of Water and Wastewater Resources** M 420 6,790.77 7,130.31 7,486.83 7,861.17 8,254.23 A - Deputy Fire Chief*
M 421 6,815.01 7,155.76 7,513.54 7,889.22 8,283.68 M 422 6,850.33 7,192.85 7,552.49 7,930.11 8,326.62 M 423 6,884.43 7,228.66 7,590.09 7,969.59 8,368.07 M 424 6,920.98 7,267.02 7,630.38 8,011.89 8,412.49 M 425 6,961.17 7,309.23 7,674.69 8,058.43 8,461.35 M 426 6,995.28 7,345.04 7,712.29 8,097.91 8,502.80 M 427 7,031.82 7,383.41 7,752.58 8,140.21 8,547.22 M 428 7,073.23 7,426.89 7,798.24 8,188.15 8,597.56 A - Director of Human Resources
A - Director of Library & Recreation Services
A - Library Director
M 429 7,104.90 7,460.15 7,833.15 8,224.81 8,636.05 7,093.48 7,448.15 7,820.56 8,211.58 8,622.16
A- Deputy Fire Chief*
M 430 7,142.66 7,499.79 7,874.78 8,268.52 8,681.95 M 431 7,181.64 7,540.72 7,917.76 8,313.64 8,729.33 M 432 7,215.74 7,576.53 7,955.36 8,353.13 8,770.78

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Range STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
Biweekly Salary Schedule M

MANAGEMENT
Effective October 2, 2021
(3% cost of living increase per Resolution 20-47 adopted by City Council on April 13, 2020) M 433 7,255.94 7,618.74 7,999.67 8,399.66 8,819.64 M 434 7,294.92 7,659.66 8,042.65 8,444.78 8,867.02 7,300.08 7,665.09 8,048.34 8,450.76 8,873.29
A - Deputy Fire Chief*/ ***
M 435 7,330.24 7,696.75 8,081.59 8,485.67 8,909.95 M 436 7,372.87 7,741.52 8,128.59 8,535.02 8,961.77 M 437 7,410.63 7,781.16 8,170.22 8,578.73 9,007.67 M 438 7,448.39 7,820.81 8,211.85 8,622.45 9,053.57 M 439 7,488.59 7,863.02 8,256.17 8,668.98 9,102.43 M 440 7,525.13 7,901.39 8,296.46 8,711.28 9,146.84 A - Director of Economic & Community Development
A - Director of Public Works
A - Director of Water & Wastewater Resources
M 441 7,561.67 7,939.76 8,336.74 8,753.58 9,191.26 M 442 7,601.87 7,981.96 8,381.06 8,800.11 9,240.12 A - Director of Finance & Administrative Services
M 443 7,639.63 8,021.61 8,422.69 8,843.82 9,286.01 M 444 7,678.60 8,062.53 8,465.66 8,888.94 9,333.39 M 445 7,717.58 8,103.46 8,508.63 8,934.07 9,380.77 M 446 7,756.56 8,144.39 8,551.61 8,979.19 9,428.15 M 447 7,797.97 8,187.87 8,597.27 9,027.13 9,478.49 M 448 7,835.73 8,227.52 8,638.90 9,070.84 9,524.38 M 449 7,874.71 8,268.45 8,681.87 9,115.96 9,571.76 M 450 7,914.91 8,310.65 8,726.18 9,162.49 9,620.62

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Range STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
Biweekly Salary Schedule M

MANAGEMENT
Effective October 2, 2021
(3% cost of living increase per Resolution 20-47 adopted by City Council on April 13, 2020) M 451 7,956.32 8,354.14 8,771.84 9,210.44 9,670.96 M 452 7,997.73 8,397.62 8,817.50 9,258.38 9,721.30 A - Assistant City Manager
M 455 8,051.14 8,453.70 8,876.39 9,320.20 9,786.22 A - Chief of Police*
A - Fire Chief*
M 471 8,654.98 9,087.73 9,542.11 10,019.22 10,520.18 A- Fire Chief ***
* Per Resolution 20‐179 adopted by City Council on 11/23/20 (3% equity) **Per Resolution 21‐87 adopted by City Council on 6/28/21 *** Per Resolution 24‐ adopted by City Council on 3/11/24

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City Council Meeting Agenda ReportItem # _____
Meeting Date: March 11, 2024
Subject: Accept and Appropriate CalRecycle SB 1383 Local Assistance Grant Recommended Action
Accept and appropriate a $270,827 grant for FY 2022/23 from the California Department of Resources Recycling and Recovery (CalRecycle) for implementation of regulation requirements associated with SB 1383 and authorize the City Manager to execute a first amendment to the agreement between City of Daly City and San Mateo Resource Conservation District for the Development and Coordination of a Compost Procurement and Application Program.

Background/Discussion
Senate Bill (SB) 1383, signed into law September 2016 by Governor Brown, was designed to reduce greenhouse gas emissions, like methane, by setting organic waste disposal reduction targets for California. The targets must reduce organic waste disposal 50% below 2014 levels by 2020 and 75% by 2025, as well as rescue at least 20% of currently disposed edible food to feed those in need by 2025.

SB 1383 is an unfunded State law that requires significant financial commitments from all jurisdictions throughout California. Through the SB 1383 Local Assistance Grant Program, one- time grant funding is provided to jurisdictions to aid in the implementation of regulation requirements associated with SB 1383. The City of Daly City will use these funds to meet its annual recovered organic waste product procurement target (8,688 tons of organic waste per year) and recordkeeping requirements.

To help the City meet its SB 1383 annual recovered organic waste product procurement target, the City will use a portion of its grant award to join the Resource Conservation District Compost Broker Program, a collaboration between every city and town within San Mateo County, the County of San Mateo, and the San Mateo Resource Conservation District (RCD). Through this program, the City will contract with the RCD to act as its direct service provider procuring and applying compost to farm and rangeland in San Mateo County, identifying and developing additional partnership opportunities with the county’s agricultural communities to support long- term SB 1383 compliance, and assessing innovative compost procurement and application funding strategies jurisdictions can pursue to fund this program long term.

Fiscal Impact
The grant revenue from CalRecycle has been awarded in one full installment of $207,827. The City of Daly City has approximately two years to expend the funding award. The grant revenue from CalRecycle will be fully expended by April 1, 2026.

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City Council Agenda Report
Subject: Accept and Appropriate CalRecycle SB 1383 Local Assistance Grant Program Meeting Date: March 11, 2024

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Summary/Conclusion
Staff recommends that the City Council take the following actions:

1. Accept and appropriate a $207,827 grant for FY 2022/23 from the California Department of Resources Recycling and Recovery (CalRecycle) for implementation of regulation requirements associated with SB 1383.

2. Authorize the City Manager to execute a first amendment to the agreement between the City and San Mateo Resource Conservation District for the Development and Coordination of a Compost Procurement and Application Program.

Staff is available to provide any additional information desired by the Mayor or Councilmembers.

Respectfully submitted,
Leilani Ramos
Assistant to the City Manager
Attachments: 1 st Amendment to Agreement between City of Daly City and San Mateo Resource Conservation District

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FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF DALY CITY AND

SAN MATEO COUNTY RESOURCE CONSERVATION DISTRICT
This First Amendment to the Agreement Between City of Daly City (“City”) and San Mateo County Resource Conservation District (“Contractor”) is entered on to this day of of 2024.

WHEREAS, the Parties entered into an Agreement dated July 11, 2022, which is set to expire on March 31, 2024; and
WHEREAS, the Parties desire to amend the Agreement in order to have Contractor continue to provide services to the City;
NOW, THEREFORE, City and Contractor agree as follows:

Term. This First Amendment Agreement shall become effective March 31, 2024 and shall remain in effect until May 1, 2026.

Scope of Work. In consideration of the payments set forth in this agreement, Contractor shall provide the following services:

Contractor shall develop and coordinate a compost procurement and application program that will assist the City meet its recovered organic waste product procurement requirements under CA Senate Bill 1383 (SB 1383). The program will consist of the following aspects:

1.Outreach & Technical Assistance:
oContractor shall conduct outreach to agricultural producers or other organizations such as but not limited to farmers, ranchers, landowners, open space districts, nonprofits, and universities about the compost procurement and application program established under this agreement, benefits of compost use, and carbon farming. Contractor shall translate any material created to conduct outreach to Spanish, and Simplified Chinese as needed.
oContractor shall provide agricultural producers and other organizations with technical assistance to incorporate compost into their operations, such as soil sampling, identifying compost application rates, etc.
oContractor shall provide agricultural producers with information for funding opportunities for compost application, such as CDFA’s Healthy Soils Program and NRCS’s farm bill programs.

2.Compost Procurement
oContractor shall identify and recruit compost procurement and application projects for the compost procurement and application program established under this agreement that will help the City meet its SB 1383 recovered organic waste procurement requirements.
oContractor shall cover up to 75% of compost/hauling/spreading costs or provide funding as cost-share for other funding sources (whichever is less). If the program is oversubscribed, Contractor shall develop a system for equitable distribution of compost or ranking system to identify projects.

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oContractor shall track procurement credits attributed to the City, and where necessary, shall ensure that a signed agreement between the City, and project owner/compost recipient is in place prior to the purchase of compost. This shall be done in order for the City to claim SB 1383 procurement credit for procured compost in instances where the Contractor is not directly purchasing compost procured under this agreement.
oContractor shall procure high-quality compost that is eligible to count towards the City’s SB 1383 procurement target as described in the CA Senate Bill 1383 regulations.

3.Record Keeping & Reporting
oContractor shall keep documentation proving that SB 1383 procurement credit attributed to the City under this agreement is solely for the use of the City and not claimed by any other entity or jurisdiction for their SB 1383 reporting. oContractor shall collect a release of liability waiver from all individuals who receive compost through the compost procurement and application program established under this agreement. Contractor shall provide all signed waivers to the City upon request.
oContractor shall collect a photo release form from all individuals who receive compost through the compost procurement and application program established under this agreement allowing the City to use photos taken under this agreement in public presentations, reports, or other outreach. Contractor shall provide all signed forms to the City upon request.
oContractor shall take pictures and/or videos of compost application projects. oContractor shall calculate the net carbon sequestration associated with this agreement and attributed to the City.
oContractor shall provide the City with all procurement records associated with this agreement and required for the City’s SB 1383 recycled organic waste procurement compliance recordkeeping and reporting.

4.Scaling Compost Procurement Opportunities
oContractor shall identify equipment and infrastructure necessary to increase compost use amongst agricultural producers in San Mateo County, provide cost estimates, and, if deemed necessary by the Contractor, design an equipment sharing program.
oContractor shall explore innovative strategies for the jurisdictions within San Mateo County to provide ongoing funding for this program beyond the term of the CalRecycle SB 1383 local assistance grant.

5.Administration
oContractor shall submit invoices quarterly. The City will receive 13.619% of the SB 1383 procurement credits associated with the contractor’s compost procurement and application program, and therefore will be responsible for $172,891.53 which is $13.619% of the total project cost of $1,269,470.88. oEach quarterly invoice shall be accompanied by a progress report, which shall include updates on the Contractor’s outreach, technical assistance, and compost procurement and application efforts completed during the reporting period. The

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progress report may also include images of compost application projects for the jurisdiction to use in public reports, presentations, or other outreach. oContractor shall submit a final report by March 1, 2026 summarizing all outreach, technical assistance, and compost procurement and application efforts completed through this agreement; all costs associated with the project; the SB 1383 procurement and carbon sequestration credit accredited to the City; and a summary of the needs, strategies, opportunities identified in Task 4, and any other relevant information.

6.Procurement Only Subcontractors
The City expressly authorizes Contractor to subcontract with farmers, ranchers, nonprofits, and other organization to procure compost for application on land they own or manage (“Procurement Only Subcontractors”) in order to meet the Contractor’s requirements under this agreement and facilitate the City’s compliance with its recovered organic waste product procurement requirements under SB 1383. Contractor shall require Procurement Only Subcontractors to provide an executed release of liability form and executed photo release form prior to procuring any compost on Contractor’s behalf. Contractor shall require all Procurement Only Subcontractors to provide Contractor with all procurement records associated with Procurement Only Subcontractor’s compost procurement required for the City’s SB 1383 recycled organic waste procurement compliances recordkeeping and reporting. Under no circumstances shall Contractor obligate the City to any financial obligation beyond the do not exceed amount for this agreement through subcontracting.

7. Additional Projects
oContractor shall identify projects that help the City meet its SB 1383 recovered organic waste procurement requirements beyond compost procurement and application such as mulch procurement and application, composted mulch procurement and application, and/or other projects that help a jurisdiction to meet its procurement target. With written prior approval from the City and agreement from Contractor, Contractor shall carry out identified projects for this program if the cost of a project is comparable or less than compost application projects.

Contractor shall collect a release of liability waiver and procurement records the City requires for its SB 1383 procurement compliance from all individuals or organization who receive any material through the program established under this agreement.

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Rates
Negotiated Indirect Cost Rate Agreement (NICRA): 44%
Position Title/Description Staff Name Salary &
Fringe
Per Hour
Administrative Officer Lau Hodges $116
Biologist Cleopatra Tuday $101
Senior Conservation Program Manager Amy Kaeser $100
Conservation Program Manager Timothy Federal $90
Conservation Program Manager Eliza Milio $94
Conservation Program Specialist Sara Polgar $76
Conservation Project Coordinator Maaya Hensman $55
Senior Conservation Project Manager Kasey Butler $81
Forest Ecologist David Cowman $82
Conservation Project Manager Christina Kelleher $77
Conservation Project Manager Caileen Viehweg $73
Conservation Project Manager Doug Millar $74
Conservation Project Manager Eddie Sanchez $73
Senior Conservation Project Manager Grace Allen $73
Conservation Project Manager Erica Harris $82
Senior Conservation Project Manager Stephanie MacDonald $82 Conservation Project Manager Jeff Raifsnider $72
Director of Advancement Adria Arko $116
Director of Stewardship Joe Issel $137
Engagement Officer Barb Kipreos $94
Executive Director Kellyx Nelson $160
Santa Cruz Mountains Stewardship Network Manager Dylan Skybrook $90 Director of Water Resources Jarrad Fisher $133
Senior Conservation Technician Andrew Hall $82
Water Quality Program Manger Noah Katz $94
Conservation Project Associate Ainé Javier $52
Administrative Assistant Cesar Aguilar $56
Conservation Project Manager Ryan Silsbee $73
All other terms and conditions of the July 11, 2022 Agreement shall remain in full force and effect.

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IN WITNESS WHEREOF, the parties hereto have entered this Agreement on the date set out below:

Dated: CITY OF DALY CITY, a municipal corporation
___________________________
Thomas J. Piccolotti
City Manager
Dated: SAN MATEO RESOURCE CONSERVATION DISTRICT
_________________________________
[insert name]
Executive Director

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City Council Meeting Agenda ReportItem # _____
Meeting Date: March 11, 2024
Subject: Accept and Appropriate Mattress Recycling Council Grant for a Pilot Study Project on Illegally Dumped Mattresses
Recommended Action
Accept and appropriate a $44,069.04 grant for FY 2023/24 from the Mattress Recycling Council (MRC) for a pilot study project on illegally dumped mattresses.

Background/Discussion
The City of Daly City has been combating illegal dumping for years. As a result, the City launched C.L.E.A.N. Daly City in the Fall of 2020, an initiative to address illegal dumping as a unified community and to build pride for the neighborhoods we live in. The City has been tackling this issue by using the 4 E’s: 1. Education, 2. Engagement, 3. Enforcement, and 4. Eradication. As Education and Engagement efforts continue, the City is empowering its community partners to follow the See Something, Say Something motto and requesting the assistance of the community as leaders in their own neighborhoods by becoming a C.L.E.A.N. Champion. The City is currently in Phase 3: Enforcement, which includes targeted enforcement efforts, as well as camera-based enforcement strategies to identify violators and prevent illegal dumping activities from recurring.

Enforcement is intended to be a tool when education and engagement prove unsuccessful with certain violators.

Despite its best efforts, the City is seeing that targeted notices, camera-based enforcement, and community events, to name a few, are not enough to eradicate the illegal dumping of mattresses. In

3.5 years, an average of 1,290 mattresses are illegally dumped on Daly City streets. Two major challenges have been identified as factors to the illegal dumping of mattresses: 1) landlords fail to schedule bulky item pickups for multi-family dwellings, and 2) tenants and residents lack the transportation to get mattresses to community recycling events.

To participate in the MRC Pilot Study Project, Republic Services has agreed to partner with the City to host hyper-local neighborhood mattress collection in 12 different neighborhoods, specifically targeting “hot spots” and concentrations of multi-family dwellings. Between City staff and Republic Services staff, we can assist community members by bringing services to their places of residence versus having the residents come to City-sponsored collection events, such as the Earth Day and Make a Difference Day Events.

After completion of the 12 neighborhood events, the City and MRC will analyze data to determine if a reduction of illegally dumped mattresses was experienced during the study pilot project, compared to the same period in previous years.

Fiscal Impact
The grant revenue from MRC will be reimbursed to the City after the completion of each neighborhood event. The City of Daly City has through December 31, 2024 to expend the funding award.

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City Council Agenda Report
Subject: Accept and Appropriate Mattress Recycling Council Grant for a Pilot Study Project on Illegally Dumped Mattresses
Meeting Date: March 11, 2024

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Summary/Conclusion
Staff recommends that the City Council accept and appropriate a $44,069.04 grant for FY 2023/24 from the Mattress Recycling Council (MRC) for a pilot study project on illegally dumped mattresses.

Staff is available to provide any additional information desired by the Mayor or Councilmembers.

Respectfully submitted,
Leilani Ramos
Assistant to the City Manager

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1 AGREEMENT BETWEEN

MATTRESS RECYCLING COUNCIL CALIFORNIA, LLC

AND CITY OF DALY CITY
THIS AGREEMENT (hereafter “Agreement”) is entered into as of ________________ (“Effective Date”) by and between the Mattress Recycling Council California, LLC (hereafter “Client”), a Delaware limited liability company with its principal place of business located at 501 Wythe Street, Alexandria, VA , and City of Daly City (hereafter “Consultant”), a municipality with its principal place of business located 333 90th Street, Daly City, CA 94015.

WHEREAS, Client intends to engage Consultant to perform professional services involving an Illegally Dumped Mattress Pilot Project (hereafter “Project”).

NOW, THEREFORE, Client and Consultant do hereby agree as follows:

ARTICLE 1--SCOPE OF SERVICES. Consultant shall provide professional services (hereafter “Services”) as set forth in Attachment A (“Scope of Services”), in accordance with the terms and conditions of this Agreement. Unless expressly stated therein, the Scope of Services does not include testimony or responding to subpoenas.

1.1 Unless otherwise specified by Client, Consultant has the right to, at any time and in its sole discretion, (i) control and direct the means, manner and method by which the Services are performed, and (ii) perform the Services at any place or location and at such time as Consultant may reasonably determine.

1.2 Consultant has the right to perform services for others during the term of this Agreement as long as such other services do not interfere with the timely performance of the Services to be performed hereunder. Consultant certifies that Consultant has no outstanding agreement or obligation that is in conflict with any of the provisions of this Agreement or that would preclude Consultant from complying with the provisions hereof. Consultant will not enter into any such conflicting agreement during the term of this Agreement.

ARTICLE 2--RESPONSIBILITIES OF THE CLIENT. Client will:

2.1 Provide all criteria and full information as to its requirements for the Project.

2.2 Furnish Consultant with data, reports, surveys, and other materials and information required for the Project, except such of the foregoing as are included in the Services to be provided by Consultant.

2.3 Examine all studies, reports, proposals and other documents presented by Consultant to Client, and promptly render in writing Client’s decisions pertaining thereto within a week, or, if a longer time is needed, within a period mutually agreed upon.

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2 2.4 Give prompt written notice to Consultant whenever Client observes or otherwise becomes aware of any defect in the Services rendered by Consultant.

Consultant shall be responsible for the technical accuracy of its services and documents resulting from the Agreement. Consultant shall correct any deficiencies without additional compensation, except when such action is directly attributable to deficiencies in information provided by Client or any project site owner and Consultant relied on such information.

2.5 Furnish to Consultant, prior to execution of this Agreement, a copy of any standards or other requirements Client requires Consultant to follow in performing Services under this Agreement.

2.6 Provide to Consultant all budget requirements, if any, applicable to the Services and the Project.

ARTICLE 3--CHANGES IN THE SERVICES.

3.1 Changes may be made to the Services. Any changes in the scope or schedule of the Services under this Agreement must be in writing signed by the parties.

3.2 All changes to the Services shall be made pursuant to the change order form set out in Attachment C (“Change Order”).

ARTICLE 4--PROJECT SCHEDULE.

4.1 The parties mutually agree upon the schedule for performance of the Services as set forth in the Scope of Services. The Project shall be completed no later than ____________________.

4.2 Consultant will begin performance of the Services upon Client’s performance of all such Client responsibilities, as set out in Article 2, which are reasonably required in order for Consultant to begin and perform the Services in accordance with the schedule set forth in the Scope of Services.

ARTICLE 5-OWNERSHIP AND USE

5.1 Client shall own, in perpetuity, throughout the universe, all right, title and interest in and the results and proceeds of any report or other Work Product, as defined in Section 5.2 below, which arise out of Consultant’s performance of services under this Agreement.

5.2 For purposes of this Agreement, "Work Product" means, collectively, all work product created, conceived, developed or first reduced to practice by Consultant, either solely or in collaboration with others, including written or visual materials recorded in any medium, and commentary, presentations, and analyses, which arise (directly or indirectly) out of Consultant's performance of services under this Agreement.

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3 5.3. Client will own all right, title, and interest in all Work Product, including without limitation all subject matter for which Client may obtain and hold copyrights, registrations, and any intellectual property or other protections that may be available to Client. Without limiting the scope of this provision, all Work Product, to the extent copyrightable under the United States Copyright Act of 1976 (the "Act"), will be "works made for hire" pursuant to the Act, and MRC will thereby own all right, title and interest in all copyrightable Work Product. To the extent that any court of competent jurisdiction or any governmental or regulatory agency determines that Client does not own all right, title, and interests in any Work Product pursuant to this Agreement, or the Work Product or any part thereof will be deemed by a court of competent jurisdiction or any governmental or regulatory agency not to be a "work made for hire" within the meaning of the Act, then the provisions of this Agreement will still control and, for the consideration set forth herein, Consultant hereby irrevocably and absolutely assigns, sets over, and grants to Client, its successors, and assigns, the Work Product and all rights therein, including, but not limited to, any copyrights and renewals and extensions thereof. The rights contemplated by this assignment will include, without limitation, the right to copy, distribute, modify, alter, adapt, revise, and prepare derivative works from the Work Product.

5.4. This section shall survive the termination of the Agreement.

ARTICLE 6--COMPENSATION. For the Services described in the Scope of Services, Consultant shall be compensated as set forth in Attachment B (“Compensation Schedule”). The hourly compensation is inclusive of all fees and expenses incurred by the Consultant. Total fees for completion of the Services pursuant to this Agreement shall not exceed $100,000 absent a written Change Order in accordance with Article 3 of this Agreement.

ARTICLE 7--PAYMENT. Payment for Services rendered by Consultant shall be in accordance with the following:

7.1 Invoices will be submitted by Consultant upon completion of Project milestones or activities identified in the Scope of Services provided the Services being invoiced have been completed during the period for which funds are requested, but in no event shall Consultant submit more than one invoice per month and will indicate:
(a) Milestones or activities completed during the period invoiced, and (b) time spent and the associated rates in performance of the Services.

7.2 Payments for undisputed invoices issued by Consultant are due and payable net 30.

7.3 Payments due Consultant under this Agreement shall be subject to a service charge of one and one-half (1-1/2) percent per month for invoices not paid within forty-five (45) days after the date of receipt of invoice.

7.4 If Client does not make timely payments, Consultant may suspend performance of its Services on the basis of non-performance on the part of Client.

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4 When all amounts due are paid and adequate assurances of payment are given for all Services which have been rendered but not yet invoiced, as well as all future Services, Consultant will continue its Services.

7.5 Client reserves the right to refuse payment of any invoice or portion thereof that is not received in an acceptable form or for Services performed by the Consultant but not invoiced for more than 90 days.

7.6 Consultant, and not Client, shall be obligated to pay any and all taxes that relate to the compensation derived by Consultant hereunder. Neither federal nor state, nor local taxes of any kind shall be withheld or paid by Client with respect to Consultant.

7.7 Consultant acknowledges that it is not eligible for, and shall not participate in, any of Client’s employee benefit plans or programs, including, but not limited to, bonus, profit sharing, vacation, health, pension, 401(k), incentive compensation, or other employee programs or policies.

ARTICLE 8— DISPUTES; ATTORNEY’S FEES. In any court action brought by one of the parties to this Agreement to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to recover reasonable attorneys' fees in addition to any other relief to which that party may be entitled. Interest will not accrue on any amounts for Services being disputed.

ARTICLE 9—INDEPENDENT CONTRACTOR STATUS.

9.1 The parties intend that the Consultant, in performing the Services specified herein, is acting as an independent contractor and that the Consultant will control the performance of the Services and the manner in which the Services are completed. This Agreement is not intended and may not be construed to create the relationship between the parties of agent, servant, employee, partnership, joint venture, or association.

9.2 Each party, or its subcontractors, as appropriate, is solely liable and responsible for providing all compensation and benefits due to, or on behalf of, all persons performing Services on its behalf in connection with this Agreement. Neither party has any liability or responsibility for the payment of any salaries, wages, unemployment benefits, disability benefits, Federal, State, or local taxes, or other compensation, benefits, or taxes for any personnel provided by or on behalf of the other party.

9.3 Each party understands and agrees that all persons performing Services pursuant to this Agreement are, for purposes of Workers’ Compensation liability, solely employees of that party and not employees of the other party. Each party is solely liable and responsible for furnishing any and all Workers’ Compensation benefits to its

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5 employees as a result of any injuries arising from or connected with any Services performed by or on behalf of that party pursuant to this Agreement.

9.4 Client has no authority to manage, direct, or supervise employees, representatives, or agents of the Consultant, including how they perform the Services.

Client does not have responsibility for making day-to-day and critical decisions regarding the Services, including the management or supervision of any activities comprising the Services.

ARTICLE 10-- INDEMNIFICATION. Consultant shall indemnify and hold harmless Client from and against any liabilities, claims and causes of action which Client may suffer as a result of intentional or negligent acts, errors, or omissions, or the willful and reckless disregard of obligations under this Agreement on the part of Consultant or Consultant’s agents, employees or subcontractors in the performance of this Agreement, excepting such liability to the extent it arises out of the negligence or the willful and reckless disregard of obligations under this Agreement on the part of Client or its agents, officers, employees and representatives.

ARTICLE 11-- INSURANCE. Consultant shall, during the performance of this Agreement, keep in force insurance or equivalent programs of self-insurance for; Workers’ Compensation, including Employer’s Liability for its employees, Commercial General Liability Insurance with a combined minimum limit of $1,000,000 for bodily injury and property damage, and Automobile Liability $1,000,000 per occurrence. The General Liability and Auto Liability policies shall be endorsed to include MRC California, LLC and its sole member and their officers, directors, agents, and employees as additional insureds and MRC California, LLC as the certificate holder. Certificates of insurance must be emailed to contracts@mrc-us,org in advance of the performance of services under this Agreement.

ARTICLE 12-- GENERAL PROVISIONS.

12.1 Consultant will perform its Services hereunder, as specified in Attachment A, in a timely manner. Consultant is not responsible for delays occasioned by factors beyond its control, nor by factors which could not reasonably have been foreseen at the time this Agreement was executed.

12.2 Consultant shall be entitled to rely on information provided by Client.

Consultant shall be entitled to an equitable adjustment in the price and schedule if conditions differ materially from information provided by the Client, or differ materially from what reasonably could have been anticipated given the nature of the Services.

12.3 Consultant shall perform its Services in accordance with the professional standards applicable to the Services provided (i.e., engineering, planning, consulting or others), at the time such Services are rendered. Consultant makes no other warranty, either expressed or implied, as part of this Agreement.

12.4 During the term of this Agreement and for a period of four (4) years after the termination of this Agreement, Consultant shall not disclose, or permit disclosure of

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6 any information designated by Client as confidential, except to its employees and other consultants who need such information in order to properly execute the Services of this Agreement, without the prior written authorization of Client. This provision shall not apply to information which: (1) has been published and is in the public domain, (2) has been provided to Consultant by third parties who have the legal right to possess and disclose the information, (3) was in the possession of Consultant prior to the disclosure of such information to Consultant by Client, (4) is required by law or any governmental agency to be disclosed, or (5) would require disclosure to comply with the ethical obligations of Consultant to protect the public, or required by court order or other operation of law.

12.5 Consultant agrees that all Client confidential information will remain the sole property of Client. Consultant agrees to take all reasonable precautions to prevent any unauthorized disclosure of such Client Confidential Information.

12.6 Upon the termination of this Agreement, or upon Client’s earlier request, Consultant will deliver to Client all of Client’s property or Confidential Information obtained in relation to this Agreement that Consultant may have in Consultant’s possession or control. Notwithstanding the foregoing, Consultant may retain any copies of Confidential Information as may be required to comply with any applicable federal, state or local law, regulation or regulatory authority to which Consultant is subject.

12.7 This Agreement shall be construed in accordance with the laws of the the State of California, U.S.A. without reference to its choice of law principles. The exclusive venue for any action brought to enforce this Agreement shall be the County of San Mateo Superior Court, Redwood City, CA

12.8 Client shall have the right, upon reasonable advance notice, to audit all records associated with the services performed and with the charges invoiced to Client pursuant to this Agreement. Such records shall be open to inspection and audit by authorized representatives of Client during normal business hours at the place where such records are kept until the completion or termination of this Agreement and for a minimum of four (4) years thereafter. Consultant shall require its subcontractors to similarly maintain records and to permit the inspection and audit of such records by Client upon similar conditions and time periods. Audit rights shall not extend to the profit margin and the make-up of Consultant’s rates, except for that portion of the services priced on a cost reimbursable basis.

12.9 Consultant’s relationship with Client under this Agreement will be that of independent contractor. Consultant will have control of all work and the manner in which it is performed. Nothing in this Agreement will be construed to designate Consultant, or any of its employees or subcontractors, as employees, agents, joint venturers or partners of Client.

12.10 This Agreement and every provision herein is for the exclusive benefit of the Consultant and the Client and not for the benefit of any other party. There will be no

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7 incidental or other beneficiaries of any of the Consultant’s or the Client’s obligations under this Agreement.

12.11 Notwithstanding anything in this Agreement to the contrary, In no event will Client be liable for any indirect, special, consequential, punitive, or incidental losses or damages, whether based on breach of contract, tort (including negligence), or any other legal theory, even if advised of such potential damages.

12.12 In the event that a court of competent jurisdiction finds any term or clause in this Agreement to be invalid, unenforceable, or illegal, the same will not have an impact on other terms or clauses in the Agreement or the entire Agreement. However, such a term or clause may be revised to the extent required according to the opinion of the court to render the Agreement enforceable or valid, and the rights and responsibilities of the parties shall be interpreted and enforced accordingly, so as to preserve their agreement and intent to the fullest possible extent.

12.13 No waiver by either party of any breach, default, or violation of any term, warranty, representation, agreement, covenant, condition or provision hereof will constitute a waiver of any subsequent breach, default, or violation of the same or any other term, warranty, representation, agreement, covenant, condition or provision hereof. No waiver of any term, warranty, representation, agreement, covenant, condition or provision hereof will be effective unless made in writing and signed by the party against which such waiver is sought to be enforced.

ARTICLE 13--TERMINATION OF AGREEMENT. This Agreement may be terminated by either party upon thirty (30) days’ written notice to the other party without cause; by mutual written agreement of the parties; or by either party with one (1) days’ written notice to the other in the event of a material failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is terminated, Consultant shall be paid for all Services performed by Consultant in accordance with the Scope of Work prior to the effective date of termination. The obligations set forth in Article 12 shall survive any termination of this Agreement.

ARTICLE 14—UNCONTROLLABLE CIRCUMSTANCES. Neither party will be liable for its failure to perform hereunder, in whole or in part, due to contingencies beyond its reasonable control (“Uncontrollable Circumstance(s)”), including, but not limited to strikes, riots, war, fire, acts of God or terrorism, pandemic, injunction, compliance with any applicable federal, state, local, and other laws, ordinances, rules, regulations or orders of any public body having jurisdiction, whether valid or invalid, whether now existing or hereafter created.

ARTICLE 15--DELEGATION OF DUTIES; ASSIGNMENT; SUCCESSORS.

Neither party shall delegate its duties under this Agreement without the written consent

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8 of the other party. Each party binds itself to the successors, administrators and assigns of the other party in respect to all covenants of this Agreement.

ARTICLE 16--EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between Client and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral, for Project. In the event any provision of this Agreement is determined to be invalid, the remaining provisions of this Agreement shall continue in full force and effect.

ARTICLE 17 – NOTICES. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, sent by overnight courier for next business day delivery with signature required, or sent by First Class United States Mail, postage prepaid, and addressed as follows:

To: Mattress Recycling Council California, LLC
Attn: Legal Department
501 Wythe Street
Alexandria, VA 22314
To: City of Daly City
Attn: Leilani Ramos
333 90th Street
Daly City, CA 94015
Any notice delivered or sent as provided above will be deemed to have been properly made on the same day it is hand delivered (even if such delivery is refused), on the first business day after delivery to an overnight courier service with instructions for delivery on the next business day, or the third business day after being deposited in the U.S. Mail. Either party to this Agreement may change its address for notices hereunder by providing notice of such change to the other party in the manner set forth above.

ARTICLE 18 — COUNTERPARTS. This Agreement may be executed in separate counterparts, any one of which need not contain signatures of more than one party, but all of which taken together will constitute one and the same Agreement.

ARTICLE 19--ELECTRONIC SIGNATURES. Unless otherwise prohibited by law, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the Consultant.

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9 The parties have caused this Agreement to be executed by their duly authorized representatives as of the dates written below.

MATTRESS RECYCLING COUNCIL CITY OF DALY CITY

CALIFORNIA, LLC
____________________________ _______________________________ Catherine Lyons, Manager Thomas J. Piccolotti, City Manager ____________________________ _______________________________ Date Date
__________________________
MRC Legal Approval

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A-1

ATTACHMENT A

SCOPE OF SERVICES, DELIVERABLES
Project Description:

Consultant intends to conduct a 8-month long pilot project that will directly bring resources to the community members most in need, in the form of hyper-local neighborhood mattress collection events that offer curbside mattress pickup in 12 different neighborhoods. The curbside mattress pickups will specifically target illegal dumping hotspots and concentrations of multi- family dwellings.

Project Timeline
Project Timeline and Deliverables
Activity End Result Staff/Contractor Start
Date
End Date
Neighborhood
Curbside Pickup
Event #1
Reduction in
mattresses
dumped at
this location
Leilani Ramos
Monica Devincenzi
Public Works
Maintenance
Workers
Operations Drivers
4/1/2024 4/30/2024
Neighborhood
Curbside Pickup
Event #2
Reduction in
mattresses
dumped at
this location
Leilani Ramos
Monica Devincenzi
Public Works
Maintenance
Workers
Operations Drivers
5/1/2024 5/30/2024
Neighborhood
Curbside Pickup
Event #3
Reduction in
mattresses
dumped at
this location
Leilani Ramos
Monica Devincenzi
Public Works
Maintenance
Workers
Operations Drivers
5/1/2024 5/31/2024
Neighborhood
Curbside Pickup
Event #4
Reduction in
mattresses
dumped at
this location
Leilani Ramos
Monica Devincenzi
Public Works
Maintenance
Workers
Operations Drivers
6/1/2024 6/30/2024
Commented [GH1]: @Taylor Grimes , please clarify as the deliverable are only extended out nine months vs. 12
Commented [TG2R1]: Revised to 10 months

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A-2
Project Timeline and Deliverables
Neighborhood
Curbside Pickup
Event #5
Reduction in
mattresses
dumped at
this location
Leilani Ramos
Monica Devincenzi
Public Works
Maintenance
Workers
Operations Drivers
6/1/2024 6/30/2024
Neighborhood
Curbside Pickup
Event #6
Reduction in
mattresses
dumped at
this location
Leilani Ramos
Monica Devincenzi
Public Works
Maintenance
Workers
Operations Drivers
7/1/2024 7/31/2024
Neighborhood
Curbside Pickup
Event #7
Reduction in
mattresses
dumped at
this location
Leilani Ramos
Monica Devincenzi
Public Works
Maintenance
Workers
Operations Drivers
8/1/2024 8/31/2024
Neighborhood
Curbside Pickup
Event #8
Reduction in
mattresses
dumped at
this location
Leilani Ramos
Monica Devincenzi
Public Works
Maintenance
Workers
Operations Drivers
8/1/2024 8/31/2024
Neighborhood
Curbside Pickup
Event #9
Reduction in
mattresses
dumped at
this location
Leilani Ramos
Monica Devincenzi
Public Works
Maintenance
Workers
Operations Drivers
9/1/2024 9/30/2024
Neighborhood
Curbside Pickup
Event #10
Reduction in
mattresses
dumped at
this location
Leilani Ramos
Monica Devincenzi
Public Works
Maintenance
Workers
Operations Drivers
9/1/2024 9/30/2024
Neighborhood
Curbside Pickup
Event #11
Reduction in
mattresses
dumped at
this location
Leilani Ramos
Monica Devincenzi
Public Works
Maintenance
Workers
Operations Drivers
10/1/202
4 10/30/2024
Neighborhood
Curbside Pickup
Event #12
Reduction in
mattresses
dumped at
this location
Leilani Ramos
Monica Devincenzi
Public Works
Maintenance
Workers
Operations Drivers
11/1/202
4 11/30/2024

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A-2

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B-1

ATTACHMENT B

COMPENSATION SCHEDULE
Client to reimburse Consultant for the following Services:

1. Hourly staff costs to implement the curbside mattress collection pilot and conduct outreach and education relevant to the pilot program and other mattress recycling options already available.

2. Estimated hours and hourly rates by classification are listed in the table below. Any adjustments to hourly rates to be mutually agreed upon by Client and Consultant Compensation Schedule
Activity City of Daly City
Staff
Total HoursHourly Rate Task Total
Cost
Amount
12 Neighborhood
Curbside Pickup
Events
3 City
Operation
Drivers Per
Event
6 hours Per
Event
$150.00 Per
Driver
$900.00 $32,400.00
12 Neighborhood
Curbside Pickup
Events
2 City Street
Maintenance
Workers Per Event
3 hours
Per Event
$162.07 Per
Street
Maintenance
Worker
$486.21 $11,669.04
Total $44,069.04
Client to submit payment to the following address:

Attention: Leilani Ramos, City of Daly City, 333 90th Street, Daly City, CA 94015

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C-1

ATTACHMENT C

CHANGE ORDER

PURSUANT TO AGREEMENT

BETWEEN CONSULTANT AND CLIENT FOR PROFESSIONAL SERVICES CHANGE ORDER _________________

1. Scope of Services to be Changed:

2. Schedule to be Changed:

3. Compensation to be Changed:

4. Special Provisions:

5. Agreement by the Parties: The parties have caused this Change Order to be executed by their duly authorized representatives.

CONSULTANT: CLIENT:
______________________________ _______________________________ Thomas J. Piccolotti, City Manager Catherine Lyons, Manager City of Daly City Mattress Recycling Council California, LLC __________________________ ___________________________ Date Date
____________________________
MRC Legal Approval

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City Council Agenda ReportItem # _____
Considerati
Meeting Date: March 11, 2024
Subject: Consider Partnership with Camp Unity to Host a 6-week Summer Camp Program at the Bayshore Community Center and Luau Finale at the Pacelli Event Center
Recommended Action
Consider City partnership with Camp Unity to Host a 6-week summer camp program at the Bayshore Community Center beginning Monday, June 10, 2024 through Friday, July 19, 2024, as well as a Luau Finale at the Pacelli Event Center on Saturday, July 20, 2024, and consider fee waivers.

Background
The City has received a request from Camp Unity to partner on a 6-week summer camp program.

The partnership would include use of the Bayshore Community Center 1 st floor (gym and classroom), partition walls, sports equipment (volleyball, pickleball nets), and shared use of the kitchen and outdoor space. Camp Unity has expressed its commitment to prioritize Daly City registrations, especially those who participated in the Summer Youth Recreation Program (SYRP) at the Bayshore Community Center last summer.

With the relocation of the Boys & Girls Club of the Peninsula from the Bayshore Community Center to the Bayshore Elementary School in 2022, the Department of Recreation Services held its first SYRP camp at the Bayshore Community Center in Summer 2023, generating $13,200 in program registration revenue at this site location. SYRP serves youth ages 6-12 over the course of 6 weeks during the summer.

Camp Unity serves youth ages 6-18 from Daly City and the greater Bay Area to offer a unique learning journey that provides a culmination of academic advancement through creative learning experiences, including performing arts, music appreciation, workshops, field trips, and opportunities for Pacific Islander cultural enrichment (see workshops listed below).

Kinder to 4th Grade Workshops:
•Pacific Literature Read Alouds
•Polynesian Music Appreciation
•Polynesian Culture & Performing Arts
•Polynesian Visual Arts
•Samoan, Hawaiian & Tongan Language
•Sports Activities
•PLAY PLAY PLAY Recess Activities
•Pacific Children Films
•Community Service Tautua/Kokua
•Weekly Rallies
•Weekly Talent Show
•Weekly Field Trips

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Consider Partnership with Camp Unity to Host a 6-week Summer Camp Program at the Bayshore Community Center and Luau Finale at the Pacelli Event Center
Meeting Date: March 11, 2024

Page 2 of 3 ends

5th to 12th Grade Workshops:
•Pacific Film, Literature & Creative Writing
•Polynesian Music Appreciation Choral Group
•Polynesian Culture & Performing Arts
•Polynesian Visual Arts (Elei, Cooking, Photography Storytelling) •Conversational Samoan
•Sports Clinics
•Weekly Rallies
•Weekly Talent Show
•Weekly Field Trips
•Snack Shack (Promoting Entrepreneurial Experiences)
•Community Service Tautua/Kokua

Discussion
The City Council may consider becoming an official event partner and waiving fees and other requirements for the rentals of the Bayshore Community Center, from Monday, June 10, 2024 through Friday, July 19, 2024, and the Pacelli Event Center on Saturday, July 20, 2024, from 9am to 5pm, as depicted in the following charts:

BAYSHORE COMMUNITY CENTER
Monday, June 10, 2024 through Friday, July 19, 2024, 8am-5pm

TOTAL WAIVER

REQUEST
Hourly Fees
(Daly City Non-Profit Hourly Rate $88/hour x 9 hours)*
($792/day x 28 days)**
$792 $22,176
Insurance (Non-Refundable) $229 $229
Deposit (Refundable) $400
GRAND TOTAL $22,805 $22,405
*Hourly Fee (Residents) is $110/hour.
**Closed in observance of Juneteenth and Independence Day.

PACELLI EVENT CENTER (Gym & Merced Room)
Saturday, July 20, 2024, 9am-5pm

TOTAL WAIVER

REQUEST
Hourly Fees
(Daly City Non-Profit Hourly Rate $168.75/hour x 8 hours)* $168.75 $1,350
Insurance (Non-Refundable) $147 $147
Deposit (Refundable) $1000
Custodial Fee (Mandatory) $400 $400
GRAND TOTAL $1,715.75 $1,897
*Hourly Fee (Residents) is $225/hour.

Camp Unity will be required to submit payment for the $1,400 refundable deposit for both the Bayshore Community Center ($400) and the Pacelli Event Center ($1,000). The total fee waiver request amount is $24,302 for the term of the rental and special luau finale. The $147 and $229

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Consider Partnership with Camp Unity to Host a 6-week Summer Camp Program at the Bayshore Community Center and Luau Finale at the Pacelli Event Center
Meeting Date: March 11, 2024

Page 3 of 3 ends

non-refundable insurance fees are waived, as Camp Unity will add the City of Daly City as Additional Insured under their Liability Insurance Certificate.

Fiscal Impact
As the City previously generated $13,200 in revenue for SYRP, staff is recommending a cost recovery fee of $13,728 ($13,200 x 4% COLA) for this partnership that will be deposited into the Department of Recreation Services revenue account 01-131-142-3743.

Summary/Conclusion
Staff recommends that the City Council provide direction to staff on event partnership and fee waivers.

Staff is available to provide any additional information desired by the Mayor or Councilmembers.

Respectfully submitted,
Leilani Ramos Denise Brown
Assistant to the City Manager Director of Recreation Services

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City Council Agenda ReportItem # _____
Meeting Date: March 11, 2024
Subject: Notice of Completion for the Outdoor Fitness Court Site Work:

Lincoln Park, Westlake Park Project.

Recommended Action
Staff recommends that the City Council authorize the filing of the Notice of Completion and accept the improvements completed for the Outdoor Fitness Court Site Work: Lincoln Park, Westlake Park Project.

Background
On March 14, 2022, City Council adopted Resolution No. 22-38, which allowed Daly City to accept two $30,000 grants (total of $60,000) from the National Fitness Campaign for two fitness courts. On July 25, 2022, City Council approved the purchase of outdoor fitness courts for Lincoln Park and Westlake Park.

On January 9, 2023, the City Council authorized the award of a construction contract to Golden Bay Construction, Inc. of Hayward, California, in the amount of $253,577.00 to complete the Base Bid of the Outdoor Fitness Court Site Work: Lincoln Park, Westlake Park Project.

The project prepared the sites at Lincoln Park and Westlake Park for outdoor exercise equipment that the City previously procured. The work involved site clearing and grubbing, grading, slab installation, landscaping, concrete work, lighting foundations, conduit installation, minor retaining walls, and more.

Discussion
Golden Bay Construction, Inc. has completed all improvements required by the construction contract documents for a total amount of $320,323.25, including three change orders in the amount of $66,746.25. The total dollar value of the change orders is 26.3% of the original contract award of $253,577.00. The change orders were issued for construction method alteration at the Lincoln Park and Westlake Park locations, and differences between estimated bid quantities and actual quantities.

Fiscal Impact
The construction contract was completed in the total amount of $320,323.25 with funds available in the FY 2024-2025 Capital Improvement Project (CIP) account 31-317-880, the Outdoor Fitness Court at Lincoln Park and in the FY 2024-25 CIP account 31-317-881, the Outdoor Fitness Court at Westlake Park.

Summary/Conclusion
The contractor’s work is now complete and acceptable for City maintenance. Staff recommends that the City Council authorize the filing of the Notice of Completion and accept the improvements completed for the Outdoor Fitness Court Site Work: Lincoln Park, Westlake Park Project.

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Notice of Completion for the Outdoor Fitness Court Site Work:

Lincoln Park, Westlake Park Project
Meeting Date: March 11, 2024

Page 2 of 2 ends

Staff is available to provide any additional information desired by the Mayor or Councilmembers.

Respectfully submitted,
Erick Reyes Richard Chiu Jr.

Engineer I Director of Public Works
Attachments:

1. Project Location Map

2. Resolution

3. Notice of Completion

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Feet1" = 500'-0"10005000250
OUTDOOR FITNESS COURT SITE WORK:LINCOLN PARK, WESTLAKE PARKSAN MATEO COUNTY, CALIFORNIA

OUTDOOR FITNESS COURTAT LINCOLN PARK

OUTDOOR FITNESS COURTAT WESTLAKE PARK

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DALY CITY ACCEPTING

COMPLETION OF CERTAIN PROJECT IN THE

DEPARTMENT OF PUBLIC WORKS
(Outdoor Fitness Court Site Work: Lincoln Park, Westlake Park Project)

A. The Project Manager has advised that the project set forth hereinafter has been completed in accordance with the terms of the contract with the City of Daly City and Golden Bay Construction, Inc., a CA Corporation.

B. The City Council of the City of Daly City desires to acknowledge the completion of such project so that notice of completion may be given.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Daly City that pursuant to the above, the City of Daly City does hereby accept as complete the following described project:

OUTDOOR FITNESS COURT SITE WORK:

LINCOLN PARK, WESTLAKE PARK PROJECT

BE IT FURTHER RESOLVED by the City Council of the City of Daly City that said project be, and it is hereby accepted as complete, and at the expiration of fifty-five (55) days from this date, final payment in connection with this project be, and it is hereby authorized, provided that all statutory liens, claims and withholds are satisfied pursuant to law.

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

CITY CLERK OF THE CITY OF DALY CITY

APPROVED:

MAYOR OF THE CITY OF DALY CITY

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RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO

OFFICE OF THE CITY CLERK

CITY OF DALY CITY
333 - 90th Street
Daly City, California 94015

Notice of Completion

NOTICE IS HEREBY GIVEN as follows:

1. The date of completion of the work of improvement is: March 11, 2024

2. The owner of the work of improvements is: City of Daly City, a Municipal Corporation.

3. The address of the owner of the work of improvement is: City Hall 333 - 90th Street
Daly City, California 94015

4. The nature of the owner’s interest or estate is: In fee.

5. The work of improvement is located in Daly City, California, and is particularly described as follows:

OUTDOOR FITNESS COURT SITE WORK:

LINCOLN PARK, WESTLAKE PARK PROJECT

The name of the original contractor for the work of improvement is:

Golden Bay Construction, Inc.
3826 Depot Road
Hayward, CA 94545

Dated:

The undersigned, being duly sworn, says: That he is the owner of the aforesaid interest or estate in the property described in the foregoing notice; that he has read the same, and knows the contents thereof, and that the facts stated therein are true.

CITY OF DALY CITY, OWNER

Richard Chiu, Jr., Public Works Director

STATE OF CALIFORNIA,
COUNTY OF SAN MATEO }SS.

Subscribed and sworn to (or affirmed) before me on this day of , 2024 ,

by . , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Signature

Name (Typed or Printed)
Notary Public in and for said County and State
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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Daly City City CouncilMarch 11, 2024

Daly City City Council
March 11, 2024