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HomeMy WebLinkAbout2005-04-13 e-packetSPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 Meeting to be held at: MUNICIPAL SERVICES BUILDING CITY COUNCIL COMMUNITY ROOM 33 ARROYO DRIVE WEDNESDAY, APRIL 13, 2005 6:30 P.M. NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 13th day of April 2005, at 6:30 p.m., in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of' the meeting: 1. Call to Order 2. Roll Call 3. Public Comments - comments are limited to items on the Special Meeting Agenda Interview applicants for the South San Francisco Housing Authority Discussion and appointments to South San Francisco Housing Authority Adjournment lerk AGENDA REDEVELOPMENT AGENCY CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY, APRIL 13, 2005 7:00 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Agency business, we proceed as follows: The regular meetings of the Redevelopment Agency are held on the second and fourth Wednesday of each month at 7:00 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the Board on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Community Room and submit it to the Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents Redevelopment Agency from taking action on any item no__! on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation. The Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Board action. JOSEPH A. FERNEKES Vice Chair PEDRO GONZALEZ Boardmember RICHARD BATTAGLIA Investment Officer BARRY M. NAGEL Executive Director RAYMOND L. GREEN Chair RICHARD A. GARBARINO, SR. Boardmember KARYL MATSUMOTO Boardmember SYLVIA M. PAYNE Clerk STEVEN T. MATTAS Counsel PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT IS AVAILABLE FOR USE BY THE HEARING-IMPAIRED AT REDEVELOPMENT AGENCY MEETINGS CALL TO ORDER ROLL CALL AGENDA REVIEW PUBLIC COMMENTS CONSENT CALENDAR 1. Motion to approve the minutes of March 23, 2005 2. Motion to confirm expense claims of April 13, 2005 3. Resolution authorizing the execution of an agreement with CSS Environmental Services, Inc. for the purpose of undertaking Phase I Environmental Site Assessment for parcels owned by the SFPUC in the amount of $20,000 4. Motion to reject all bids for construction of North Canal Fire Station No. 61 CLOSED SESSION Pursuant to Government Code Section 54956.8 real property negotiations related to San Francisco Public Utilities Commission property located on Mission Road (APNs: 093- 312-050/060); Agency Negotiator: Redevelopment Agency Assistant Director Van Duyn; Negotiating parties: Redevelopment Agency, SF PUC and Kaiser Permanente ADJOURNMENT REGULAR REDEVELOPMENT AGENCY MEETING APRIL 13, 2005 AGENDA PAGE 2 Redevelopment Agency Staff Report RDA AGENDA ITEM #3 DATE: TO: FROM: SUBJECT: April 13, 2005 Redevelopment Agency Board Marry Van Duyn, Assistant Executive Director AGREEMENT WITH CSS ENVIRONMENTAL SERVICES FOR PHASE I SITE ASSESSMENT FOR PARCELS OWNED BY SAN FRANCISCO PUBLIC UTILITIES COMMISSION RECOMMENDATION It is recommended that the Agency Board adopt the attached Resolution authorizing the Executive Director to execute an agreement with CSS Environmental Services, Inc. in the amount of $20,000 for the purpose of undertaking Phase I Environmental Site Assessment for parcels owned by the San Francisco Public Utilities Commission. BACKGROUND/DISCUS SION In December of 2004, staff issued a Request for Proposals (RFP) to environmental firms requesting bids to undertake a Phase I Assessment of the properties located along the 1.12 mile E1 Camino Real corridor and totaling approximately 25 acres. Out of six RFP's that were mailed only two responses were received. Of the two responses, staff determined the most responsive and cost effective was submitted by CSS Environmental Services, Inc. (CSS). The Phase I proposed by CSS will be prepared in consideration of standard practices and regulations for conducting assessments for commercial real estate. The goal of the assessment will be to identify any recognized environmental condition which may exist at parcels within the proposed corridor due to the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, or past release, or a material threat of a release of any hazardous substances into structures on the property or into the ground, ground water, or surface water of the property. The CSS proposal is recommended to be accepted due to several advantages over the other submittal including: a more streamlined schedule for production of the assessment report; an overall cost savings of nearly $15,000 compared to the other proposal; and greater staff flexibility regarding required meetings or time allocated for review of the historical record. CSS has worked with the Redevelopment Agency before, has relative familiarity with the area and has previously conducted assessments in the vicinity. RESOLUTION NO. REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE AGENCY BOARD AND CSS ENVIRONMENTAL SERVICES, INC. FOR PHASE 1 EbCv'IRONMENTAL SITE ASSESSMENT FOR PARCELS OWNED BY SAN FRANCISCO PUBLIC UTILITIES COMMISSION IN THE AMOUNT OF $20,000 WHEREAS, staffrecommends the authorization of an agreement between the Agency Board and CSS Environmental Services, Inc. for Phase 1 Environmental Site Assessment for parcels owned by San Francisco Public Utilities Commission in the amount of $20,000; and WHEREAS, funds for the environmental assessment will be budgeted from the Redevelopment Agency consultant services budget for the E1 Camino Corridor Project Area; and WHEREAS, funds are currently available in the budget for this purpose. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of South San Francisco th_at the Redevelopment Agency hereby authorizes an agreement between the Agency Board and CSS Environmental Services, Inc. for Phase 1 Environmental Site Assessment for parcels owned by San Francisco Public Utilities Commission in the amount of $20,000. BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to execute the agreement on behalf of the City of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Redevelopment Agency of the City of South San Francisco at a meeting held on the __ day of , ,2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk S:\Current Reso's~4-13 -0 5 C SS.environmental.res.doc CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO REDEVELOPMETN AGENCY AND CSS ENVIRONMENTAL SER VICES, INC. THIS AGREEMENT for consulting services is made by and between the City of South San Francisco Redevelopment Agency ("Agency") and CSS Environmental Services, Inc. ("Consultant") (together sometimes referred to as the "Parties") as of April 14, 2005 (the "Effective Date"). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to Agency the services described in the Scope of Work attached as Exhibit A, attached hereto and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 14, 2005, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the Agency's right to tenuinate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first- class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that Agency, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from Agency of such desire of Agency, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Consulting Services Agreement between April 14, 2005 City of South San Francisco Redevelopment Agency and CSS Environmental Services, Inc. Page 1 of 15 Section 2. COMPENSATION. Agency hereby agrees to pay Consultant a sum not to exceed Twenty Thousand Dollars, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. Agency shall pay Consultant for services rendered pursuant to th.is Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from Agency to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to Agency in the manner specified herein. Except as specifically authorized by Agency, Consultant shall not bill Agency for duplicate services performed by more than one person. Consultant and Agency acknowledge and agree that compensation paid by Agency to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and~or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. Agency therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: · Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; · The beginning and ending dates of the billing period; · A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; · At Agency's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; · The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; · The Consultant's signature.. Consulting Services Agreement between City of South San Francisco Redevelopment Agency and CSS Environmental Services, Inc. April 14, 2005 Page 2 of 15 2.2 2.3 2.4 2.5 2.6 2.7 Monthly Payment. Agency shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. Agency shall have 3 0 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. Final Pa~vment. Agency shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to Agency of a final invoice, if all services required have been satisfactorily performed. Total Payment. Agency shall pay for the services to be rendered by Consultant pursuant to this Agreement. Agency shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. Agency shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an mount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the following fee schedule: Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed four Thousand four Hundred and Fifty-three ($ 4,453.00). Expenses not listed below arc not chargeable to Agency. Reimbursable expenses arc included in the total amount of compensation provided under this Agreement that shall not be exceeded. payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 2.9 Payment upon Termination. In the event that the Agency or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Consulting Services Agreement between City of South San Francisco Redevelopment Agency and CSS Environmental Services, Inc. April 14, 2005 Page 3 of 15 Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. Agency shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Agency shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with Agency employees and reviewing records and the information in possession of the Agency. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of Agency. In no event shall Agency be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit B, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the Agency. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to Agency. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all fights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. Consulting Services Agreement between City of South San Francisco Redevelopment Agency and CSS Environmental Services, Inc. April 14, 2005 Page 4 of 15 4.2 Commercial General and Automobile Liability Insurance, 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for thc term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. bo Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 4.3 Professional LiabiliW Insurance. 4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. Consulting Services Agreement between April 14, 2005 City of South San Francisco Redevelopment Agency and CSS Environmental Services, Inc. Page 5 of 15 4.4 Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: ao The retroactive date of the policy must be shown and must be before the date of the Agreement. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. Co If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The Agency shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. do A copy of the claim reporting requirements must be submitted to the Agency prior to the commencement of any work under this Agreement. All Policies Requirements. 4.4.1 Acceptability. of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish Agency with complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. 4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Agency. In the event that any coverage required by this Consulting Services Agreement between City of South San Francisco Redevelopment Agency and CSS Environmental Services, Inc. April 14, 2005 Page 6 of 15 4.4.4 4.4.5 4.4.6 4.4.7 section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to Agency at Consultant's earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. Additional insured; primary, insurance. Agency and its officers, employees, agents, and volunteers shall bc covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including thc insured's general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to Agency or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the Agency and its officers, officials, employees and volunteers, and that no insurance or self- insurance maintained by the Agency shall be called UPon to contribute to a loss under the coverage. Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of Agency for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to Agency, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Variation. The Agency may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, Consulting Services Agreement between City of South San Francisco Redevelopment Agency and CSS Environmental Services, Inc. April 14, 2005 Page 7 of 15 limits, and forms of such insurance are either not commercially available, or that the Agency's interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies Agency may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, Agency may, at its sole option exercise any of the following remedies, which are alternatives to other remedies Agency may have and are not the exclusive remedy for Consultant's breach: · Obtain such insurance and deduct and retain the amount of the premiums for such insurance fi:om any sums due under the Agreement; Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or · Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the Agency, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly fi:om the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by Agency of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemn/fication and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless Agency for the Consulting Services Agreement between City of South San Francisco Redevelopment Agency and CSS Environmental Services, Inc. April 14, 2005 Page 8 of 15 payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of Agency. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of Agency. Agency shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph' 1.3; however, otherwise Agency shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by Agency, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of Agency and entitlement to any contribution to be paid by Agency for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as Agency may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of Agency in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind Agency to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 .Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which Agency is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to Agency that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally Consulting Services Agreement between April 14, 2005 City of South San Francisco Redevelopment Agency and CSS Environmental Services, Inc. Page 9 of 15 7.5 Section 8. 8.1 8.2 required to practice their respective professions. Consultant represents and warrants to Agency that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. TERMINATION AND MODIFICATION. Termination. Agency may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days' written notice to Agency and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; Agency, however, may condition payment of such compensation upon Consultant delivering to Agency any or all documents, photographs, computer sol, are, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the Agency in connection with this Agreement. Extension. Agency may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if Agency grants such an extension, Agency shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Consulting Services Agreement between City of South San Francisco Redevelopment Agency and CSS Environmental Services, Inc. April 14, 200b Page 10 of 15 8.3 8.4 8.5 Similarly, unless authorized by the Contract Administrator, Agency shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.6 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. Section 9. Assignment and Subcontracting. Agency and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to Agency for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. .Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between Agency and Consultant shall survive the termination of this Agreement. Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, Agency's remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that Agency would have paid Consultant pursuant to Section 2 if Consultant had completed the work. KEEPING AND STATUS OF RECORDS. Consulting Services Agreement between April 14, 2005 City of South San Francisco Redevelopment Agency and CSS Environmental Services, Inc. Page 11 of 15 9.1 9.2 9.3 Section 10 10.1 10.2 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the Agency. Consultant hereby agrees to deliver those documents to the Agency upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the Agency and are not necessarily suitable for any future or other use. Agency and Consultant agree that, until final approval by Agency, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties unless required by law. Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the Agency under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the Agency. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the Agency, for a period of three (3) years after final payment under the Agreement. MISCELLANEOUS PROVISIONS. Attorneys' Fees. Ifa party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Court for the First District of California. Consulting Services Agreement between City of South San Francisco Redevelopment Agency and CSS Environmental Services, Inc. April 14, 2005 Page 12 of 15 10.3 10.4 10.5 10.6 10.7 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of Agency or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any Agency official in the work performed pursuant to this Agreement. No officer or employee of Agency shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the Agency. If Consultant was an employee, agent, appointee, or official of the Agency in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et. seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the Agency for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified fi.om holding public office in the State of California. Consulting Services Agreement between April 14, 2005 City of South San Francisco Redevelopment Agency and CSS Environmental Services, Inc. Page 13 of 15 10.8 10.9 10.10 10.11 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. Contract Administration. This Agreement shall be administered by Norma Fragoso ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. Notices. Any written notice to Consultant shall be sent to: Aaron N. Stessman, President 95 Belvedere Street, Ste. 2 San Rafael, CA 94901 Any written notice to City shall be sent to: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Professional Seal. Where applicable in the detennination of the contract administrator, the f'n'st page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 10.13 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entke and integrated agreement between agency and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Consulting Services Agreement between City of South San Francisco Redevelopment Agency and CSS Environmental Services, Inc. April 14, 2005 Page 14 of 15 The Parties have executed this Agreement as of the Effective Date. CITY OF SOUTH SAN FRANCISCO REDEVELOPMETN AGENCY CONSULTANT Barry M. Nagel, Executive Director Aaron N. Stessman, President, CSS Attest: Sylvia Payne, City Clerk Approved as to Form: Steven T. Mattas, City Attorney 207532 1 Consulting Services Agreement between April 14, 2005 City of South San Francisco Redevelopment Agency and CSS Environmental Services, Inc. Page 15 of 15 EXHIBIT A SCOPE OF SERVICES Establish History of Parcels Under the proposed Phase I ESA, CSS will conduct reviews of historical records. The ASTM standards for establishing site history states that "all obvious uses of the property shall be identified from the present, back to the property's obvious first developed use, or back to 1940, whichever is earlier...Review of standard historical sources at less than five year intervals is not required...if the specific use of the property appears unchanged over a period longer than five years." The standard historical sources include historic street directories, fire insurance maps, aerial photographs, topographic maps, zoning/land use records, property tax files, recorded land title records, building department records and other historical sources such as may be available from the SFPUC, PG&E, or BART. Such records maintained by the SFPUC must be made available to the City as the prospective buyer. Based on our experience in South San Francisco historic aerial photographs and topographic maps provide good coverage of the Corridor. CSS presently has aerial photographs covering portions of the Corridor from the years 1943, 1946, 1956, 1965, 1982, 1993 and 2003. We also have topographic maps from the years 1899, 1915, 1939, 1947, 1956, 1968, 1973, and 1993 that provide coverage of the Corridor. Sanborn fire insurance maps are not available for the entire Corridor as there was little development of these parcels during the years that the Sanborn Fire Insurance Company mapped South San Francisco and the vicinity in 1899, 1905, 1910, 1925, 1950, 1956, and 1970 but may be available for selected parcels. We anticipate that the historical use information requirements of ASTM may be satisfied for the Corridor by consulting these three standard historical sources. Examples of such records for South San Francisco are shown on the cover of our proposal and on the page that follows. These records are reasonably attainable, cost efficient and easily transportable: they can be shared by email with City Staff as PDF files. Those records not already in CSS's possession can be obtained from a clearinghouse of such records, e.g. Environmental Data Resources, Inc. (EDR), quickly and cost effectively. In our experience, historic street directories are not reasonably obtainable and therefore should not be pursued. CSS has not attempted to retrieve zoning/land use records, property tax files, land title records, or building department records for the City, except as provided by the seller, as they have not been needed to establish historic use and can be expensive or time-consuming to obtain. The need to explore these records will be discussed with City Staff. Consulting Services Agreement between City of South San Francisco Redevelopment Agency and CSS Environmental Services, Inc. Apdl 14, 2005 Page 1 of 5 1.3 Environmental Records Review CSS will obtain and review current standard environmental records lists to the ASTM specified minimum search distance from the Corridor. For all Corridor parcels and neighboring parcels with documented releases to groundwater CSS will interview the relevant government officials and/or review reasonably ascertainable detailed environmental records as necessary from state and local regulatory agency files and the SFPUC. CSS will begin the environmental records review by purchasing a current list of ASTM specified environmental record lists from an environmental records clearinghouse such as EDR. The standard environmental record sources include the following: 1.3.1 Federal ASTM Records ASTM specified records included in the records review are as follows: National Priorities List (NPL) and Proposed National Priority List Sites (Proposed NPL), subsets of CERCLIS, identifies sites for priority cleanup under the superfund program and compiled by the EPA pursuant to CERCLA 42 USC Section 9606(a)(8)(B) for highest priority for cleanup. Comprehensive Environmental Response, Compensation and Liability Information Systems (CERCLIS) sites which the EPA has investigated or is currently investigating for potential hazardous substance contamination for possible inclusion in the National Priorities List (NPL). CERC-NFRAP for sites that have "No Further Remedial Action Planned", and have no outstanding contamination issues and have no need to be included on the National Priorities List. CORRACTS identifies waste handlers with Resource Conservation and Recovery act (RCRA) corrective action activity. · Emergency Response Notification System (ERNS) records and stores information of sites with reported CERCLA hazardous substance releases or spills in quantities greater than the reportable quantities specified in 40 CFR Parts 302 and 355. · Resource Conservation and Recovery Information Systems (RCRIS), includes selective information on sites that generate, transport, store, treat and/or dispose of hazardous waste as defined by the RCRA. 1.3.2 State ASTM Records ASTM specified California State records included in the records review are as follows: · California Department of Toxic Substances Control (DTSC) known and potential hazardous substance Sites (Cai-Sites), formerly ASPIS, including Annual Work Plan (AWP) sites. Consulting Services Agreement between April 14, 2005 City of South San Francisco Redevelopment Agency and CSS Environmental Services, Inc. Page 2 of 5 · California Hazardous Material Incident Report System (CHMIRS) · CORTESE, California Environmental Protection Agency/Office of Emergency Information database of public drinking water wells with detectable levels of contamination, sites selected for remedial action, sites with known toxic material identified through the abandoned site assessment program, UST release sites, and solid waste disposal facilities from which there is known migration. · NOTIFY 65, California State Water Resources Control Board's (SWRCB) Proposition 65 database of facility notifications about any release that could impact drinking water and thereby expose the public to a potential health risk. · Leaking Underground Stage Tank (LUST) information system database from the SWRCB. · Underground Storage Tank (UST) database of registered USTs from the SWRCB. · California Department of Health Services hazardous waste sites subject to an appropriation of funds for cleanup under the Bond Expenditure Plan (BEP), now out of production. · Facility Inventory Database (FID) that contains active and inactive UST locations from the SWRCB. · Historical UST Registered Database (HIST UST). · Toxic Pits list of toxic pit cleanup sites. · SWF/LF and WMUDS/SWAT Solid Waste Information System database of landfill and waste management system sites. · Voluntary Cleanup Program Properties (VCP) · Underground Storage Tanks on Indian Land (INDIAN UST) · Leaking Underground Storage Tanks on Indian Land (INDIAN LUST) 1.3.3 Non-ASTM Records Federal and state records, not specified for inclusion by the ASTM, but included in the records review include: · Federal Superfund Liens (NPL Liens) imposed pursuant to CERCLA 42 USC Section 9607(1). · SWRCB Spills, Leaks, Investigation & Cleanup Cost Recovery Listings (CA SLIC) · HAZNET data extracted from the copies of hazardous waste manifests received each year by the California DTSC. · Waste Discharger System (CA WDS) operators who discharge to or operate a publicly owned treatment works under waste discharge requirements such as the National Pollution Discharge Elimination System (NPDES) Permits. · Former Manufactured Gas (Coal Gas) Sites, a proprietary database of Real Property Scan, Inc. provided exclusively to EDR. · San Mateo County Business Inventory (BI) list includes facilities with a hazardous materials business plan, those that generate hazardous waste, and those with USTs. Consulting Services Agreement between City of South San Francisco Redevelopment Agency and CSS Environmental Services, Inc. April 14, 2005 Page 3 of 5 Based on our experience in South San Francisco over 100 environmental record sites will be identified in the standard records list to the ASTM-specified search distance. CSS, in consultation with City Staff, may reduce the search distance, as allowed by ASTM, in consideration of the distance and direction that the hazardous substances or petroleum products are likely to migrate based on local geologic or hydrogeologic factors, to minimize the level of effort and cost while maintaining the integrity of the Phase I ESA. For researching specific conditions at Corridor and vicinity Leaking Underground Fuel Tank (LUFT) sites, the most common type of significant environmental record, CSS uses the State of California's web-based GeoTrackerTs{ system to reduce staff research time and cost while maintaining the Phase I ESA standards. GeoTrackera'M is an on-line geographical information system that maintains data on well locations, depth to water, contaminant concentrations and site status for LUFT sites. CSS personnel have been trained by the State of California in the use of GeoTrackerTM. CSS is a registered responsible party agent for a number of sites (none in South San Francisco) and performs and submits well survey, groundwater elevation monitoring, and the results of sampling to GeoTrackerTM. Any environmental records held by the SFPUC regarding their Corridor properties must be disclosed to the City. As the RFP indicates, additional records from BART and PG&E may be reviewed. At this time it is unknown whether there are a significant number of environmental records in the possession of the SFPUC, BART and PG&E, therefore the level of effort for these reviews is presently unknown but will be refined in consultation with City Staff at project onset. CSS anticipates the need for record reviews at the offices of the following regulatory agencies: SFRWQCB in Oakland, San Mateo County Department of Health Services in San Mateo, and the City of South San Francisco Fire Department in South San Francisco. 1.4 Corridor Description and Reconnaissance The Site Description section of the Phase I ESA will include a legal description of the Corridor parcels, zoning, and copies of assessor parcel maps. The usage and primary features of the parcels, determined by Corridor reconnaissance, will be presented. Descriptions of adjoining properties will also be included. CSS includes descriptions of the site's geologic and hydrogeologic setting and meteorological information in the Site Description portion of our ESAs. Specific hydrogeologic information for the Corridor vicinity will be obtained from a clearinghouse of such records, e.g. EDR. Information on reported groundwater depths and flow direction are included in EDR's GeoCheckTM report and this information will be useful in evaluating the likelihood of vicinity properties with groundwater releases transporting hazardous materials by groundwater flow to the Corridor itself. The Corridor reconnaissance will be performed by Mr. Stessman, PE REA. The objective of the site reconnaissance is to obtain information indicating the likelihood of identifying recognized Consulting Services Agreement between April 14, 2005 City of South San Francisco Redevelopment Agency and CSS Environmental Services, Inc. Page 4 of 5 environmental conditions in connection with the Corridor parcels. For the Corridor parcels and adjoining properties, where possible without encroaching on private properties CSS will conduct a site reconnaissance including: a visual inspection of the grounds, exterior and a representative portion of the interior of any subject property structures; interviews with property managers, tenants and the property owner; and the establishment of a photographic record of the reconnaissance. CSS has found that the optimal timing of the reconnaissance is as outlined here - following the historical and environmental records review. By being informed of potential environmental conditions in advance, the inspector can investigate suspected conditions or historical uses. At a minimum, CSS inspects for the following indicators of the potential usage of hazardous materials or petroleum products during site reconnaissance: · Above ground storage tanks or underground storage tanks or vent pipes, fill pipes or access ways indicating underground storage tanks, · Strong, pungent or noxious odors, · Sacks of chemicals or industrial batteries, · Pools of liquid, lagoons, pretreatment units, impoundments, retention basins, drains or sumps other than for storm water or irrigation water collection and/or conveyance, · Electrical or hydraulic equipment suspected of containing PCBs, · Stained soil or pavement, · Areas of stressed vegetation from something other than insufficient water, · Liquid discharges to drains, ditches or streams, · Indications of fill or grading which suggest a trash or other solid waste disposal source, · Hazardous substances or petroleum products in individual containers greater than 5 gallons in volume or 50 gallons in the aggregate, · Pools or sumps containing liquids likely to be hazardous substances or petroleum products, · Drums of liquid, · Unidentified substance containers, · Sacks of chemicals or industrial batteries, · Septic Systems, or · Water, oil, or natural gas wells. Consulting Services Agreement between City of South San Francisco Redevelopment Agency and CSS Environmental Services, Inc. April 14, 2005 Page 5 of 5 EXHIBIT B INSURANCE CERTIFICATES 207532 1 Consulting Services Agreement between City of and --Exhibit B [DATE] Page 1 of 1 Redevelopment Agency Staff Report RDA AGENDA ITEM #4 DATE: TO: FROM: SUBJECT: April 13, 2OO5 Redevelopment Agency Board Marty Van Duyn, Assistant Executive Director REJECTION OF ALL BIDS FOR CONSTRUCTION OF FIRE STATION 61 RECOMMENDATION It is recommended that the Redevelopment Agency Board, by motion, reject all bids submitted on March 29, 2005 for the construction of Fire Station 61. BACKGROUND/DISCUSSION The construction bidding for Fire Station 61 due on Tuesday, March 29 was completed as scheduled. An invitation to bid was advertised in numerous publications on March 7, 2005 and March 15, 2005 and bid packages were also placed at four county builder exchanges in Santa Clara, Contra Costa, the Peninsula and San Francisco. Publications utilized were the San Mateo Times, Bluebook.corn (a general construction bidding intemet site) and the City of South San Francisco's web site. Bids were received for only seven of the 32 projects with multiple bids in some packages. The City Engineer and the Project Architect, Pinnacle DB (PDB) concur as to why more bids were not received for this project. The bid period was short, just two weeks, all projects were "formally" bid, requiring a bid bond at the time of submittal and the construction industry is currently a busy one. When comparing the bid results With our estimates, the results were mixed. The electrical bid was within $4,000 of our estimate, while the demolition package was significantly above our estimate. After reviewing the submitted bids, staff concluded that the submitted bids were not in the best interest of the City, and to re-bid the entire project. Given the results of this bidding process, the consensus opinion to move forward is as follows: Reject all bids received on March 29, 2005 and re-bid all packages in two ways. Bid all packages above $100,000 "formally", with a 30 day bid window and bid all packages below $100,000 "informally". Contact all bidders from March 29, 2005 and encourage them to participate in the next bid period. Staff Report Subject: Page 2 Rejection of all bids for Construction of Fire Station 61 This process will allow PDB to work closely with their subcontractors to insure coverage of all bid packages. PDB is willing to monitor a master bid list with three subcontractors for each package to make sure there is adequate coverage for all 32 packages. Staff has started the re-bidding process by publishing an advertisement of the project in the San Mateo Times, Bluebook.com, and at the four county builders' exchanges to insure adequate notification to contractors. Bids will be opened on Thursday, May 12, 2005 at 2 PM and will be scheduled for Agency award on May 25, 2005. Approved:,,'ZC~, ,¼,, '-g~ ~V~. Nagel// ~ ExeCutive Dire oc~ AGENDA CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY, APRIL 13, 2005 7:30 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Council business, we proceed as follows: The regular meetings of the City Council are held on the second and fourth Wednesday of each month at 7:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the City Council on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Council Chamber's and submit it to the City Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents the City Council from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address (optional) for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation. The City Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Council action. RAYMOND L. GREEN Mayor JOSEPH A. FERNEKES Mayor Pro Tem RICHARD A. GARBARINO, SR. Councilman PEDRO GONZALEZ Councilman KARYL MATSUMOTO Councilwoman RICHARD BATTAGLIA City Treasurer SYLVIA M. PAYNE City Clerk BARRY M. NAGEL City Manager STEVEN T. MATTAS City Attorney PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS · Proclamation: National Library Week, April 10-16, 2005 - accepted by Library Board President Lando Baldocchi · Update on Wet Weather Program - City Engineer Ray Razavi AGENDA REVIEW PUBLIC COMMENTS ITEMS FROM COUNCIL · Announcements · Committee Reports CONSENT CALENDAR 1. Motion to approve the minutes of March 23, 2005 2. Motion to confirm expense claims of April 13, 2005 o Motion to accept the Emergency Generator Replacement and Upgrade Project at the Corporation Yard as complete in accordance with plans and specifications Resolution awarding bid to Cagwin & Dorward for the Common Greens Irrigation Upgrade Project in the amount of $56,968 o Resolution awarding contract for Wet Weather Program management services to CSG in an amount not to exceed $542,000 o Resolution authorizing the execution of agreement for EMS software and installation services with ZOLL Medical Corporation, Inc., in an amount not to exceed $45,000 7. ' Motion to renew the local declaration of emergency 8. Recognition of proclamation issued: Arbor Day, April 2, 2005 PUBLIC HEARING Consideration of approval of one year action plan, statement of objectives and projected use of funds for the Community Development Block Grant program for fiscal year 2005-06 REGULAR CITY COUNCIL MEETING APRIL 13, 2005 AGENDA PAGE 2 10. Consideration of appeal of Planning Commission's decision to revoke the Use Permit (UP-96-090) for live entertainment (karaoke) at Christy's Bar & Grill, an existing cocktail lounge at 309 Airport Boulevard, in accordance with SSFMC Section 20.91.030; Appellant: Kent Sato (continued from the meetings of March 9, and March 23, 2005) ADMINISTRATIVE BUSINESS 11. Report on South San Francisco's participation in local hazard mitigation planning 12. Resolution approving Pacific Coast Farmers' Market Association (PCFMA) as the operator of a certified farmers' market in Orange Memorial Park 13. Personnel Changes: a) b) Resolution approving job specification and salary placement for newly developed Public Works Inspector classification Waive reading and introduce an ordinance amending SSFMC Chapter 3.12, adding Public Works Inspector COUNCIL COMMUNITY FORUM CLOSED SESSION 14. Pursuant to Government Code Section 54956.9(a), conference with legal counsel, existing litigation: Miranda v. City of South San Francisco, et al., and Hart v. City of South San Francisco ADJOURNMENT REGULAR CITY COUNCIL MEETING APRIL 13, 2005 AGENDA PAGE 3 StaffReport ,4 GEND,4 ITEM'#3 DATE: TO: FROM: SUBJECT: April 13, 2005 The Honorable Mayor and City Council Terry White, Director of Public Works EMERGENCY GENERATOR REPLACEMENT & UPGRADE ENGINEERING FILE PB-03-20, PROJECT NO. 51-13232-0224 RECOMMENDATION: It is recommended that the City Council, by motion, accept the Emergency Generator Replacement and Upgrade Project as complete in accordance with the plans and specifications. BACKGROUND/DISCUSSION: This project replaced the existing 50 KW diesel generator at the Corporation Yard with a new 135 KW diesel generator that was procured separately by the City. The new 135 KW generator is capable of providing power for the entire Corporation Yard, which includes the garage that is critical in the event of a disaster. The new generator at the Corporation Yard performed as designed during the recent tornado when the surrounding area had no power from Pacific Gas & Electric. The existing 50 KW generator was relocated to Fire Station 64 to replace an obsolete 20 KW gasoline generator completing the planned project. FUNDING: The construction was completed by O'Keeffe Mechanical at a total cost of $42,200.00. This includes the awarded amount of $34,400.00 plus $7,800.00 to upgrade the Electrical Room to cun'ent code requirements at Fire Station 64. There was adequate funding for the project. B ;"x' '"'J'"~Te~Ty W hite?_~ 0"3~' Appr°ved BY: B~ Nagel Director of Public Works City Manager RTH/TW G:\PROJECTS\ PB-03-20/GeneratorReplacement \astaffreportacceptance.doc StaffReport .4 GEND.4 ITEM #4 DATE: TO: FROM: SUBJECT: April 13, 2005 The Honorable Mayor and City Council Ten'y White, Director of Public Works COMMON GREENS IRRIGATION UPGRADE PROJECT PROJECT NO. 51-13232-0321 RECOMMENDATION: It is recommended that the City Council, adopt a resolution, to award the bid for the Common Greens Irrigation Upgrade Project to Cagwin & Dorward of Novato, California, in the amount of $56,968.00. BACKGROUND/DISCUSSION: This project will upgrade a segment of the existing irrigation piping, associated valves and hardware in the Common Greens area that is approximately 30 years old and requires constant maintenance. A Request for Proposals (RFP) was prepared for this project and was advertised. The city received four responses to the RFP. The following proposals were received: CONTRACTOR PROPOSAL AMOUNT Cagwin & Dorward Novato, CA $ 56,968.00 RMT Landscape Contractors, Inc. San Jose, CA $ 59,750.00 P & A Construction Company San Francisco, CA $ 61,100.00 Lone Star Landscape, Inc. San Martin, CA $ 69,623.0O Irrigation Upgrade Estimate $ 60,000.00 ,, Staff Report Subject: Common Greens hTigation Upgrade Project Page 2 Staff has reviewed the qualifications and references of the lowest proposal and found them to be satisfactory. Staff recommends that the contract be awarded to Cagwin & Dorward in the amount of $ 56,968.00. Replacement of the irrigation system is expected to start by May 15, 2005 and be completed by the end of July 2005. Park Department personnel will be monitoring the irrigation upgrade activities of the contractor. FUNDING: This project is included in the City of South San Francisco's 2004-2005 Capital Improvement Program (CIP/51 - 13232-0321 ) in the amount of $75,000.00. Terry White~ Director of Public Works [~a'f~ ~4.~N agel ~ City Manager ',,..__ Attachments: Resolution RTH/TW G:\ Park Projects\CG hTigation Upgrade\awardstaffreport.doc RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AWARDING A CONSTRUCTION CONTRACT FOR THE COMMON GREENS IRRIGATION UPGRADE PROJECT TO CAGX/V1N AND DORWARD IN AN AMOIINT NOT TO EXCEED $,56,968 WHEREAS, staff recommends that the City Council award the construction contract for the Common Greens Irrigation Upgrade Project to the lowest responsible bidder, Cagwin and Dorward in an amount not to exceed $56,968; and WHEREAS, the project budget is included in the City of South San Francisco's 2004-2005 Capital Improvement Program in the amount of $75,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby awards a construction contract for the Common Greens Irrigation Upgrade Project to Cagwin and Dorward in an amount not to exceed $56,968. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the contract on behalf of the City of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the __ day of ,2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk S:\Current Reso's\4-13-05award.bid.cagwin.res.doc Staff Report AGENDA ITEM #5 DATE: April 13, 2005 TO: Honorable Mayor and City Council FROM: Marty Van Duyn, Assistant City Manager SUBJECT: CONSULTANT AGREEMENT WITH CSG, INC. FOR PROJECT AND CONSTRUCTION MANAGEMENT SERVICES FOR THE WET WEATHER PROGRAM RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to approve an agreement with CSG Consultants, Inc. to provide project and construction management services for the Wet Weather Program not to exceed $585,100. BACKGROUND/DISCUS SION The City has requested that CSG Consultants, Inc. assist the City by assessing the status, progress and construction management of the Wet Weather program. The Wet Weather Program was initiated to remediate a Cease and Desist Order issued by the Regional Water Quality Control Board on July 16, 1997. In response to this order, the City completed capacity improvements at the Water Quality Control Plant and an infiltration and inflow study and master plan of recommended infrastructure improvements, subsequently referred to as the Wet Weather Program. The Wet Weather Program consists of five phases which include: Phase I, the primary pump stations and force mains; Phase II, the sub-trunk sewer mains; Phase HI, Colma Creek bank protection adjacent to the plant (completed); Phase IV, pump stations, forced main and sewer sub-trunks in the East of 101 area; Phase V, new storm drain pump station and storm lines to serve the Lindenville area. To finance the Wet Weather Program improvements, the City applied for and obtained a State Revolving Fund (SRF) loan in the amount of $45 million. Of this loan amount, approximately $18 million has been allocated for the construction of Phase I of this program. Phase I is scheduled to be completed by October, 2005. Phase 1I is currently under review for scope and preliminary design. Phase HI has been completed. Phase IV has been separated into four different packages currently in final design stage. The design of Phase V is complete and undergoing environmental clearance. CSG Consultants, Inc. has demonstrated their ability to manage major construction projects and has proposed a team with considerable experience managing similar construction programs. Team staffing will include a construction manager, engineers, and construction inspectors. CSG will provide construction management and inspection services for the remainder of Phase I. For Phases II, IV and V, CSG will provide program management, project coordination, construction management and inspection services. Staff Report Subject: Consultant Agreement with CSG, Inc. for Project and Construction Management Services Page 2 CSG will also provide construction management and inspection services for the construction of Pump Station No. 3 and the Swift Avenue sewer line. This portion of the project is developer funded and fully reimbursable per the executed development agreement. FUNDING Funding for the agreement will be provided from the State Revolving Fund loan for the Wet Weather program and developer contributions. By:~_P~~ - - _~//./(~ ,, Marty Van Duyn ~ Assistant City Mang~ City Manager Attachments: Resolution Consultant Agreement RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN CSG CONSULTANTS, INC. AND THE CITY OF SOUTH SAN FRANCISCO TO PROVIDE PROJECT AND CONSTRUCTION MANAGEMENT SERVICES FOR THE WET WEATHER PROGRAM IN AN AMOUNT NOT TO EXCEED $585,100 WHEREAS, staff recommends the authorization of an agreement between CSG Consultants, Inc. and the City of South San Francisco to provide project and construction management services for the Wet Weather Program in an amount not to exceed $585,100; and WHEREAS, funding for the agreement will be provided from the State Revolving Fund loan for the Wet Weather program and developer contributions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes an agreement between CSG Consultants, Inc. and the City of South San Francisco to provide project and construction management services for the Wet Weather Program in an amount not to exceed $585,100. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the contract on behalf of the City of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the __ day of ,2005 by the following vote: AYES' NOES: ABSTAIN: ABSENT: S :\Current Reso's\4-13 -05CSGconsultantss.doc ATTEST: City Clerk CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND CSG CONSULTANTS, INCORPORATED THIS AGREEMENT for consulting services is made by and between the City of South San Francisco ("City") and CSG Consultants, Incorporated ("Consultant") (together sometimes referred to as the "Parties") as of ,2005 (the "Effective Date"). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit A, Scope of Services, attached hereto and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on March 31,2006, and Consultant shall complete the services described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards of quality normally observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant in a manner set forth in Exhibit B, Payment Schedule and Standard Fees, the amount of $585,100 notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal regarding the amount of compensation, the Agreement shall prevail. Exhibit B includes two documents: 1) a Payment Schedule which provides a breakdown of fees and or resources allocated for the tasks described in Exhibit A, and 2) a listing of the Consultant's current Standard Fees. In case of a conflict in the hourly rates indicated, those rates shown on the Payment Schedule shall prevail. City and Consultant mutually agree that additional resources may be allocated to particular tasks, utilizing the classifications and rates shown on the listing of Standard Fees, provided that the total limit of compensation is not exceeded. ~' Deleted.' VVWP Agr 4-8-05.DOC Agr 4-7-05.DO~ Consulting Services Agreement between the April 2005 City of South San Francisco and CSG, Inc. Page 1 of 14 742885v2 ....... ~..-v-.~ ~ ................................................................................................................ City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: · Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; · The beginning and ending dates of the billing period; · A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; · At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; · The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; · The Consultant's signature. 2.2 Monthly Payment. City shall make payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. Deleted: WWP Agr 4-8-05.DOC Deleted: WWP Agr 4-7-05.DOC Consulting Services Agreement between the April 2005 ,.;, City of South San Francisco and CSG, Inc. Page 2 of 14 ,.'; 742885v2 WWD ,~ ,~_~_n~/o~ , 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement, unless the Agreement is modified pursuant to Subsection 8.3. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the payment schedule contained within Exhibit B. If, however, the term of this Agreement extends beyond one year, mutually agreed, updated hourly rates may be incorporated within Exhibit B upon approval of City by a properly executed change order or amendment. 2,6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and shall not exceed five hundred ($500.00) without previous written consent. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2,9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Deleted: WWP Agr 4-&OS.DOC ~'~ Deleted: WWP Agr 4-7-05.DOC Consulting Services Agreement between the April 2005 ,;, City of South San Francisco and CSG, Inc. Page 3 of 14 ,/; 742885v2 ....... =..-~-~v ,-,~ Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit C, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commemial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form ,( Deleted: WWP Agr 4-8-05. DOC Deleted: WWP Agr 4-7-05.DOC Consulting Services Agreement between the April 2005 City of South San Francisco and CSG, Inc. Page 4 of 14 ,.', 742885v2 WWD *~, ,~_~_n~/o~ , 4.2.3 CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis· 4.3 bo Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. Professional Liability Insurance. 4.3.1 4.3.2 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: The retroactive date of the policy must be shown and must be before the date of the Agreement. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. Deleted: WWP Agr 4-8-05. DOC Deleted: WWP Agr 4-7-05. DOC Consulting Services Agreement between the April 2005 City of South San Francisco and CSG, Inc. Page 5 of 14 742885v2 WWP ,~,,r ,~_~_n~ 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coveraqe. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. 4.4.3 Notice of reduction in or cancellation of coveraqe. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. 4.4.4 Additional insured; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant ,t Deleted-' WWP Agr 4~8-05.DOC ,'it Deleted.' WWP Agr 4-7-05.DOC Consulting Services Agreement between the April 2005 ,;, City of South San Francisco and CSG, Inc. Page 6 of 14 '~ procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.7 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4,5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: · Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or · Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by not meeting the normal standard in the Bay Area for the quality or character of their work or other negligent acts or omissions. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to Deleted: WWP Agr 4-8-05,DO~ Deleted= WWP Agr 4-7-05.DOC Consulting Services Agreement between the April 2005 City of South San Francisco and CSG, Inc. Page 7 of 14 ,,'~ 742885v2 WWP Agr ,~_~_n~ ~,~ apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of c~ty. Section 6 DISPUTE RESOLUTION. Unless otherwise mutually agreed to by the Parties, any controversies between Consultant and City regarding the construction or application of this Agreement, and claims arising out of this contract or its breach, shall be submitted to mediation within thirty (30) days of the written request of one Party after the service of that request on the other Party. 6,1. The Parties may agree on one mediator. If they cannot agree on one mediator, the Party demanding mediation shall request that the Superior Court of San Mateo appoint a mediator. The mediation meeting shall not exceed one day or eight (8) hours. The Parties may agree to extend the time allowed for mediation under this Agreement. 6.2. The costs of mediation shall be borne by the Parties equally. 6.3 Section 7. 7.1 7.2 Mediation under this section is a condition precedent to filing an action in any court. STATUS OF CONSULTANT. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an Deleted; WWP Agr 4-7-05.DOC Deleted: V~NP Agr 4-8-05.DOC Consulting Services Agreement between the April 2005 ,;, City of South San Francisco and CSG, Inc. Page 8 of 14 ', 742885v2 ww~ a~ ~ ~ ~ ~o~ agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 8. LEGAL REQUIREMENTS. 8.1 Governing Law. The laws of the State of California shall govern this Agreement. 8.2 8.3 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. Other Governmental Requlations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 8.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 8.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 9. TERMINATION AND MODIFICATION. 9.1 Termination. City may cancel this Agreement at any time and without cause upon 30 days' written notification to Consultant. Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. Consulting Services Agreement between the April 2005 ,;, City of South San Francisco and CSG, Inc. Page 9 of 14 '~ 742885v2 WWP Agr ,L~_,-,~/o~ ~'" In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 9.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. Force Majeure. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of any public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, and freight embargoes if Consultant shall, within ten (10) days of the commencement of such condition, notify Contract Officer who shall thereupon ascertain the facts and extent of any necessary delay, and extend the time for performing services for period of enforced delay when and if Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 9,3 9.4 Amendments. The parties may amend this Agreement only by a written document signed by all the parties. Assignment and Subcontractinq. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 9.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 9.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following: [Deleted: WWP Agr 4-8-05. DOC Consulting Services Agreement between the April 2005 ,~, City of South San Francisco and CSG, Inc. Page 10 of 14 742885v2 WWP .~,g; ,~_~_r~/o~ 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; and/or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 10. KEEPING AND STATUS OF RECORDS. 10.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties unless required by law. 10.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three {3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 10.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds 'expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 11 MISCELLANEOUS PROVISIONS. Deleted= WWP Agr 4-&05. DOC Deleted: WWP Agr 4-7-05 DOC Consulting Services Agreement between the April 2005 ,;, City of South San Francisco and CSG, Inc. Page 11 of 14 742885v2 ....... u, ,-v-~ 11.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 11.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Court for the First District of California. 11.3 Severabilit¥. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenfomeable, the provisions of this Agreement not so adjudged shall remain in full fome and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 11.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 11.5 Successors and Assiqns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 11.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 11.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et. seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it Deleted: V/WP Agr 4-8-05.DOC Deleted: WWP Agr 4-7-05.DOC Consulting Services Agreement between the April 2005 ,;, City of South San Francisco and CSG, Inc. Page 12 of 14 ,~' 742885v2 WWP .*.,~r ,~_~_n~ ~,~ , 11.8 11.9 may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. Contract Administration. This Agreement shall be administered by ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 11.10 Notices. Any written notice to Consultant shall be sent to: Mr. Richard Mao, P.E., President CSG, Consultants, Inc. 1700 $. Amphlett Blvd., 3rd Floor San Mateo, CA 94402 Any written notice to City shall be sent to: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 ,,{ Deleted: ~VWP Agr 4-&05.DOC ,'i,{ Deleted: WWP Agr 4-7-05DOC Consulting Services Agreement between the April 2005 City of South San Francisco and CSG, Inc. Page 13 of 14 ,,,; 742885v2 ....... ~ ..... ~ ................................................................................................................... ' 11,11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with reporVdesign responsibility. 11.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 11.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. The Parties have executed this Agreement as of the Effective Date. CiTY OF SOUTH SAN FRANCISCO CONSULTANT Barry M. Nagel, City Manager Attest: Name: Title: Sylvia Payne, City Clerk Approved as to Form: Steven T. Mattas, City Attorney Deleted: WWP Agr 4-8-05.DOC Deleted: VVVVP Agr 4-7-05.DOC Consulting Services Agreement between the April 2005 ,;, City of South San Francisco and CSG, Inc. Page 14 of 14 ,/, 742885v2 ....... =..-~-vv ~-. EXHIBIT A CITY OF SOUTH SAN FRANCISCO CSG's Professional Services to the Engineering Division WET WEATHER PROGRAM, ANCILLARY TASKS AND STAFF AUGMENTATION* April 157 2005 to March 317 2006 TASK No. I - W~NP PHASE I San Mateo Ave. and Shaw Rd. Pump Stations and Force Mains, Lowrie Ave. Intertie and Gravity Lines, Effluent Storage Pond · Provide construction management and inspection services for the remainder of Phase I construction. · Provide bi-weekly status reports on critical construction issues, schedule revisions, potential claims and unresolved CCO's. · Monitor implementation of CEQA mitigation measures, e.g. cultural resources. · Review Carollo Engineer's invoices and monthly progress reports. · Work with Finance Department and WWP staff in financial anatysis of past expenditures and tracking future expenditures, including SRF eligibility and adequacy of remaining funds. · Assist the City in complying with SRF requirements upon completion of the project, including project closure audits and archiving financial documents for potential future audits. · Project Close Out - manage the delivery of Record Drawings, O & M manuals, and other documents as necessary, conduct end-of-project critique. · General coordination of ancillary consultants, including Geotech and Surveying, as needed. TASK No. 2 - WWP PHASE II Airport/Linden Relief Trunk, Winston Manor Sewer Rehab, Westborough Blvd. Subtrunk, Portola Ave. Subtrunk, Hillside Blvd. Subtrunk · Assist the City in determining costs-to-date and tracking future expenditures. · Assist the City in finalizing the scope of improvements. · Assist the City in selection and management of design consultant. · Assist the City in expediting CEQA compliance. · Assist the City in constructability review. · Assist the City in confirming the Engineer's Estimate and establishing the time period allotted for construction. TASK No. 3 - WWP PHASE III Colma Creek Bank Stabilization at the WQCP · Finalize project by conducting a site inspection with staff and all affected regulatory and permitting agencies. Corrective work may be needed. · Confirm that this phase has been removed from the SRF loan commitments. Deleted: WWP Agr 4-8-05.DOC Deleted: WWP Agr 4-7-05.DOC Consulting Services Agreement between the April 2005 ,;, City of South San Francisco and CSG Inc. /; 742885v2 ....... ~. ,-~-~ ~_~ _ _ , TASK No. 4- W~NP PHASE IV ExhibitA, P.q. 2 of 3 East of 101 Pump Stations, Force Mains, and Subtrunks · Assist the City in management of the design, schedule and fee for the four bid packages. · Assist the City in submittal of plans and related documents to SWRCB to secure SRF funding. · For Bid Package No. 1: · Assist the City in constructability review. · Assist the City in confirming the Engineer's Estimate and establishing the time period allotted for construction. · Assist the City during bidding (finalizing bid documents, addendum review, bid analysis, etc.). · Make recommendations on scope and timing of remaining Bid Packages to ensure completion of critical Phase IV improvements within funding limits. Non-funded work may be deferred. TASK No. 5 - WWP PHASE V Lindenville Area Storm Drainage Improvements (Main Replacements and Pump Stations) · Assist the City in completion of the CEQA/NEPA process. · Assist the City in establishing accounting procedures to assure SRF compliance. · Assist the City with SWRCB submittal to secure SRF funding. · Assist the City in constructability review. · Assist the City in confirming the Engineer's Estimate and establishing the time period allotted for construction. · Review bid package compliance with CEQA, SRF and other regulatory agency requirements. TASK No. 6 - RECYCLED WATER PROGRAM Completion of Study, OUtreach, Financing, Design and Construction of Infrastructure for the Reuse of Tertiary Treated WPCP Effluent · Assist the City in completing the required study: · Confirming RWQCB/CDO compliance and reporting requirements · Reviewing Draft Study and other work to date and determining remaining tasks. · Managing consultant in finalizing agreed work product(s). · Facilitating an update meeting with stakeholders, and preparing for Council presentation. After the City Engineer reports to the City Council and if further effort toward implementation is encouraged, CSG can assist with the following Next Steps: · Make recommendations for confirming and securing potential recycled water users. · Assist the City in refinement of the current, study-level financial analysis and financing alternatives. · Establish parameters and scope for preliminary design, alternatives analysis, design and construction of improvements. Deleted: WWP Agr 4-8-05.DOC Deleted: WWP Agr 4-7-05.DOC Consulting Services Agreement between the April 2005 ,, City of South San Francisco and CSG Inc. ,~'; 742885v2 tAIXMD /~nr ,~_Q_n~ /'3~ I Exhibit A, P.q. 3 of 3 Assist City in developing strategy for meeting current and probable near-future regulatory constraints and permit requirements. Develop public relations / education program to allay health risk concerns and achieve buy-in to utilization of recycled water. TASK No. 7 - OVERALL MANAGEMENT OF THE WET WEATHER PROGRAM Assist City staff with the following critical tasks: · RWQCB/CDO and SWRCB/SRF compliance / reporting. · CEQA compliance and implementation of mitigation measures. · Determining costs-to-date and tracking of future expenditures. · Financial analysis of past expenditures and identifying eligible and non-eligible costs. · Establishing accounting procedures to assure compliance with SRF eligibility requirements. · City of San Bruno coordination: securing reimbursements, future obligations, etc. · Managing vadousconsultant contracts. · Prioritizing resource allocation and systematic management of identified tasks. CSG Deliverables: · Monthly program-level status reports for the City. · Comprehensive Financial Summary of Past Expenditures. · Recommendations as to further expansion of Wet Weather Program. SWIFT AVENUE - PUMP STATION No. 3 & SANITARY SEWER REPLACEMENT Developer Initiated Improvements - Level of services required is not yet determined · Provide construction management and inspection services. · Monitor CEQA compliance. STAFF AUGMENTATION · General work on the Wet Weather Program. · Development Services Support. · Miscellaneous CIP Projects. SERVICES TO BE NEGOTIATED AT A LATER DATE · Services during bidding for Phase II. · Construction Management and Inspection for Phase II. · Construction Management and Inspection for Phase IV- Bid Package No. 1. · Services during bidding for Phase V. · Construction Management and Inspection for Phase V. *NOTE: As mutually agreed, CSG shall be held harmless from all liability for any work done, or services provided prior to this engagement, or by others, including City staff. It is also understood that CSG will not be primarily engaged in production design work. Deleted: WWP Agr 4-8-05.DOC Deleted: WWP Agr 4-7-05.DOC Consulting Services Agreement between the April 2005 ,~, City of South San Francisco and CSG Inc. ,; 742885v2 WWP ?,gr ~_~_n~ ~,~ , EXHIBIT B-1 Payment Schedule City of South San Francisco - Wet Weather Program Projected Budget - April 15th to December, 2005 (approx. eight months) Hours per Total Level of Total Rate/hr mo. Hours Work Billing 168 (rounded) 0~11 Principal Engineer (Kianpour) $160 1/5 Time 33.6 270 $43,200 Senior Engineer (Luck) $125 2/5 Time 67.2 540 $67,500 Assistant Engineer (Aguinaldo) $80 Full Time 168.0 1340 $107,200 Program Management Subtotal $217,900 Const. Inspector (As Assigned) 130 Construction Management & Inspection Subtotal $87,100 $143,95O $123,800 $12,35O $367,200 Total WWP Staffing $585,100 Notes 1) Projected budget does not include a supplement for overtime, except as noted below. *2) 5% has been added to these assignments for contractor's extended hours and/or accelerated schedule. *3) Reimbursable costs, estimated at $13,950, are included in these totals. 4) As additional services are requested, the projected time frame for coverage within this budget may be decreased. , Deleted WWP Agr 4 8-05 DOC JB-2 SCHEDULE OF STANDARD FEES Consulting Services Agreement between the April 2005 City of South San Francisco and CSG Inc. '..' 742885v2 WWP A~r A_~_n~ EXHISITC INSURANCE CERTIFICATES Deleted: WWP Agr 4-8-05.DOC Deleted: WWP Agr 4-7-05. DOC Consulting Services Agreement between the April 2005 ,, City of South San Francisco and CSG Inc. ,~' 742885v2 ....... ~..-~-vv ~., ............................................................................................................... EXHIBIT B - 2 STANDARD FEES for ENGINEERING and PROFESSIONAL SERVICES Principal Engineer Principal Financial Analyst Principal Planner Senior Engineer Senior Architect Senior Project Manager Associate Engineer Associate Architect Senior Planner Assistant Engineer Technical Writer Design Supervisor Senior CAD Designer CAD Designer Engineering Technician Senior Building Inspector Senior Construction Inspector Construction Inspector Administrative Support Land Surveyors - 2-person crew Hourly Rates $160.00 $150.00 $130.00 $130.00 $125.00 $125.00 $115.00 $115.00 $115.00 $ 95.00 $ 95.00 $ 95.00 $ 85.00 $ 65.00 $ 65.00 $ 95.00 $ 95.00 $ 75.00 $ 65.00 $185.00 Additional Costs Reproduction: Cost + 15% Other Items: Cost + 15% Mileage: $.50/mile EFFECTIVE: 3/15/05 Exhibit B-2 Std Fees 3-15-05 ITEM #6 1~ DATE: April 13, 2005 TO: The Honorable Mayor and City Council FROM: Philip White, Fire Chief SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR EMS RECORDS MANAGEMENT AND BILLING SOFTWARE WITH ZOLL MEDICAL CORPORATION, INC. NOT TO EXCEED $45,000. RECOMMENDATION It is recommended the City Council adopt a resolution authorizing the City Manager to execute a contract for EMS Records Management and billing software and installation services with Zoll Medical Corporation, Inc. not to exceed $45,000. BACKGROUND/DISCUSSION The Fire Department desires to implement a plan that would automate the collection and dissemination of information related to electronic patient care reports. Electronic patient care reporting is essential in providing efficient and accurate patient care and information reporting in the prehospital setting. The Fire Department's patient care records are currently on paper and are cumbersome to manage. The system we are recommending would improve the effectiveness of quality assurance activities for medical calls and seamlessly integrate with the billing process. Implementation of this system would also bring us into compliance with new Federal, State and local EMS data collection and reporting requirements. This software will also allow us to meet the requirements for electronically submitting bills to Medicare, Medi-Cal, and other insurance carders while being compliant with the Health Insurance Portability and Accountability Act commonly known as HIPAA. Electronic billing reduces transcription errors by being linked to the patient care report. It will decrease the number of claims that are denied resulting in improved cash flow for the services billed. The proposed system includes billing software which has the flexibility to easily and quickly update fee schedules when Federal and State regulations are modified. Staff Report To: Honorable Mayor and City Council Re: EMS Records Management & Billing Software Date: April 13, 2005 Pg. 2 of 2 Zoll Medical Corporation, Inc. also offers a software module for ambulance dispatching that fully integrates with its patient care and billing modules. While at this time the Department is not looking at purchasing the dispatch module, we need to ensure that in the future we have a software package which allows for the addition of this module as the use of our BLS ambulance increases. Fire Department staff carefully reviewed available software packages in the market place including Medtroniz, MEDS, and Pinpoint Technologies. Staff conducted tests of potential software during demonstrations. Zoll Medical Corporation, Inc. is the only vendor offering a fully integrated solution for all parts of the EMS system in one package including dispatching, electronic patient care reporting, and billing. In addition, a representative of SSFFD was sent to Mount Gilead, Ohio to evaluate the performance of the Zoll software. Mount Gilead has an EMS service with a similar call volume as South San Francisco. Upon careful review, the Zoll package is the only software that fully meets the needs of our department, and we recommend a sole source procurement of this software from Zoll Medical Corporation, Inc. Per MC 4.04.080(a), sole source procurement is allowed "when the commodity can only be obtained from one vendor". FUNDING Funding for this project, $45,000.00, is included in the City of South San Francisco's 2004-2005 budget. By: Philip D. 'White Fire Chief Approved by~-<~ ~, ,, t- . Nag-- e ...... City Manager ATTACHMENT: Resolution RESOLUTION NO. CiTY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN ZOLL MEDICAL CORPORATION, INC. AND THE CITY OF SOUTH SAN FRANCISCO FOR EMS RECORDS MANAGEMENT AND BILLING SOFTWARE AND INSTALLATION SERVICES IN AN AMOUNT NOT TO EXCEED $45,000 WHEREAS, staff recommends the authorization of an agreement between Zoll Medical Corporation, Inc. and the City of South San Francisco for EMS Records Management and billing software and installation services in an mount not to exceed $45,000; and WHEREAS, Zoll Medical Corporation, Inc. is the only provider of the software and services required; and WHEREAS, funding for this project is included in the City of South San Francisco's 2004- 2005 Operating Program budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes an agreement between Zoll Medical Corporation, Inc. and the City of South San Francisco for EMS Records Management and billing software and installation services in an amount not to exceed $45,000. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement on behalf of the City of South San Francisco. * * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the __ day of ,2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: S:\Current Reso's\4-13-05agree.zoll.medical.res.doc ATTEST: City Clerk AGENDA ITEM #7 DATE: TO: FROM: SUBJECT: April 13, 2005 Honorable Mayor and City Council Susan Kennedy, Assistant to the City Manager MOTION TO RENEW THE LOCAL DECLARATION OF EMERGENCY RECOMMENDATION It is recommended the City Council, by motion, renew the local declaration of emergency caused by tornado damage on March 20, 2005. BACKGROUND/DIS CUS SION In an effort to allow ongoing review of existing conditions submitted to the State of California's Office of Emergency Services, it is necessary for Council to renew the local declaration of emergency. The initial declaration will continue to be reviewed and evaluated by Staff and renewed as appropriate by the City Council, or the Director of Emergency Services. By: ~ · Susan E. Ke,nn~ Assistant to the City Manager ~-y ~. Nag~l( City Manager StaffReport AGENDA ITEM #9 DATE: April 13, 2005 TO: Honorable Mayor and City Council FROM: Marty Van Duyn, Assistant City Manager SUBJECT: ONE YEAR ACTION PLAN AND STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS FOR TIlE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR FISCAL YEAR 2005-06. RECOMMENDATION: It is recommended that City Council adopt the attached Resolution authorizing submittal of the City's One Year Action Plan and Statement of Objectives and Projected Use of Funds for Fiscal Year 2005-06 and all required documents to the Department of Housing and Urban Development; authorizing a budget transfer to incorporate the CDBG and HOME funds into the 2005-06 operating budget; and authorizing the City Manger to execute all documents necessary to secure and award CDBG, HOME Administrative and Redevelopment funds for the City. BACKGROUND/DISCUSSION: This is the final required public hearing regarding funding allocations for the 2005-2006 Community Development Block Grant Program. The purpose is to obtain public comments regarding the proposed One Year Action Plan for 2005-06; and the Statement of Objectives and Projected Use of Funds for the Community Development Block Grant Program. Notice of this public hearing was published in the San Mateo Times on April 2, 2005 as required by federal regulations. In addition, notices were mailed to all community organizations that have submitted applications for funding. The availability of the One Year Action Plan for FY 2005-06 was also published in the San Mateo Times on March 12, 2005. The CDBG Entitlement amount for next fiscal year is $686,877 representing a significant reduction of sixty five thousand dollars ($65,000) kom last year's allocation. There is an additional amount of approximately $95,000 in program income that is expected to be received and may be added to the entitlement amount for a total CDBG allocation of $781,877. There is a federal spending limit for public service activities limited to fifteen percent (15%) of the entitlement amount plus fifteen percent of the program income. Therefore, a total of $116,700 Staff Report To: Honorable Mayor and City Council Subject: One Year Action Plan for Community Development Block Grant Program Date: April 13, 2005 Page 2 may be allocated for public service activities and a total of $155,875 may be allocated for program administration activities, which has a spending limit of twenty percent (20%). CDBG SUBCOMMITTEE PRELIMINARY FUNDING RECOMMENDATIONS: The CDBG Subcommittee reviewed applications for funding, individual agency program accomplishments and general parameters and priorities for funding based on an assessment of the most critical community needs. Those critical needs were established by City Council in the City's Five Year Consolidated Housing, Economic and Community Development Plan in fiscal year 2003-04. The proposed 2005-06 Annual Plan is the third year of the Five Year Plan adopted in 2003. The attached spreadsheet labeled Exhibit "A", Community Development Block Grant Funding Recommendations Fiscal Year 2005-06, provides the allocation amounts proposed for each agency or project. The numeric column on the fight side of the spreadsheet indicates the proposed funding levels provided to each CDBG applicant and published in the San Mateo Times on April 2, 2005. This evening, City Council has the opportunity to revise the funding levels at its discretion or accept the recommendations, in whole or in part. The Subcom_mittee was required to recommend reduced funding by four thousand dollars ($4,000) for social service activities fi-om last year's funding level based on the cut in the City's Entitlement amount. For that reason, it was not possible to fund activities for new applicants or to increase funding levels from the current year. Four projects received reduced allocations from their current year's funding level due to federal spending limitations which lowered the funds available for social service activities. ADA Modifications: In fiscal year 2004-05 the City's One Year Action Plan indicated funds would be used as available to undertake disabled access modification for public facilities. Recent ADA requirements to make modifications to the Orange Avenue Library and Orange Park will necessitate significant dollars to install new ramps and walkways for the Library and to repair the elevator. Additionally, the park will need new accessible play equipment and walkways. The CDBG program has approximately $50,000 available from the current fiscal year of undesignated funds that are proposed to be made available to assist with the costs of the ADA required improvements for greater accessibility to those facilities. The funds proposed to be expended for this purpose do not require formal City Council action this evening; however, staff thought City Staff Report To: Honorable Mayor and City Council Subject: One Year Action Plan for Community Development Block Grant Program Date: April 13, 2005 Page 3 Council would like to be aware the improvements are being undertaken and the current years' CDBG funds will be used for this purpose. In addition, funds will be allocated to further ADA improvements in Fiscal Year 2005-06, as more dollars become available through program income or if funds currently targeted for the 2004-05 First Time Home Buyer Program are not expended quickly, those dollars may be shifted in an amount up to $50,000 to assist with completion of ADA work that is currently underway. This notification furthers the City's intent of keeping residents informed regarding the manner in which CDBG funds are used to help improve overall access to city facilities for the disabled community. Staff must undertake an environmental review process as required by federal regulation. If all federal requirements can be met in a timely manner, approximately $50,000 in 2004-05 CDBG funds will be expended as indicated during the month of April. Please note that the proposed funds cannot be used for public service activities but must only be used for rehabilitation activities. CONCLUSION: This year, the HOME Investment Partnership Program provided the City with administrative funds in the amount of $18,000. HOME funds are usually allocated to undertake fair housing activities as designated by the City Council to continue funding for Project Sentinel and La Raza Centro Legal. This year the amount of funds available to the City was reduced by $3,000, thus corresponding cuts have been recommended for both agencies. These HOME Administrative funds will be incorporated into the CDBG budget by City Council action this evening, allowing them to be received and expended in fiscal year 2005-06. In order to maximize the use of CDBG funds, the City has traditionally allocated Redevelopment Agency Housing Fund dollars to housing related activities such as emergency shelter programs can-ied out by community agencies. Requests for Proposals are received via the CDBG process and those funds are made available to specific projects that qualify under redevelopment eligibility requirements. The Redevelopment Agency has funded Family Crossroads and Maple Street Shelters, operated by Shelter Network, and the Human Investment Shared Housing Project for thirteen years. The Safe Harbor Homeless Shelter was also placed in this category for funding purposes, as of fiscal year 2002-03. It is recommended that redevelopment funds continue to be allocated for those agencies to continue their housing efforts with homeless and at risk individuals and families. The redevelopment agency funds will be authorized for expenditure in fiscal year 2005-06 by City Council action this evening. StaffReport To: Honorable Mayor and City Council Subject: One Year Action Plan for Community Development Block Grant Program Date: April 13, 2005 Page 4 Two additional activities are eligible in this redevelopment category: Sitike Counseling Center and La Raza's Code Enforcement Program. The CDBG Subcommittee is recommending funding this year for both programs with limited redevelopment agency funds. It is recommended that City Council adopt the attached Resolution authorizing submittal to HUD of the City's One Year Action Plan for Housing, Economic and Community Development for fiscal year 2005-06; and authorize the City Manager to execute all documents necessary to secure and award CDBG, HOME Administrative and Redevelopment funds for the City. Assistant City Manager ",._ '~,~1~ ~___~, 1{/I. Nagel C, lty Manager Attachments: Resolution Exhibit "A" Exhibit "B" CDBG Funding Recommendations FY 2005-06 One Year Action Plan RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING SUBM1TI'AL OFTHE CITY'S ONE YEAR ACTION PLAN AND STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR FISCAL YEAR 2005-06 WHEREAS, staff recommends authorization of the submittal to HUD the City's One Year Action Plan for Housing, Economic and Community Development for Fiscal Year 2005-06. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes submittal of the City's One Year Action Plan and Statement of Objectives and Projected Use of Ftmds for Fiscal Year 2005-06 and all required documents to the Department of Housing and Urban Development and authorizes a budget transfer to incorporate the CDBG and HOME funds into the 2005-06 operating budget. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute all documents necessary to secure and award CDBG, HOME Administrative and Redevelopment funds for the City. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Cotmcil of the City of South San Francisco at a meeting held on the ~ day of ,2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk S:\Current Reso's~4-13 -05one.year.action.plan.res.doc COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDING RECOMMENDATIONS FISCAL YEAR 2005-06 Total Funding 03-04 Total Funding 04-05 Fund Request 05-06 CDBG Sub Committee Recommends 05-06 1. Child Care Coordinating Council 5 000 5,000 I 6,000 4,000 1 ................................................................... L .......... ,_ ..... , .............. ,,. ................ ., ................... ,,- ......................................... _ _ _ ~ _ _ _c_ Lty:_s_ p_o_ _ri_s_ _o_r_e~ _ _C_h_ ~ _~_ _C_a_r_e- .................................... j_o_,2_o_o- ...... ] _0_,_0_ _0_0_ _L ....... j_-O_,-O_o_-O ............. ].0_,_0_ _0.0_ _L ......................................... _ _ _ ~: _ _F_rj _e.n_ _al_s_ _t_o_ _P_ _a_r_e_ _n t _s_ ............................................... _5_ ,_0_ _0_0_ ........ _5_,_0_-O_0_ _; ......... _9_,_O_O__O_ ............ _4_,_0__O_0_ _; ......................................... 4. Ohildren's Center (SSFUSD) 3,000 3,000 i 3,000 2,000 1 Sub Total, 23,000, 23,000, 28,000 .... 1_ _. _Cj t_ y_: _S_ p_ ?_n. _s_o_r_e_ _d_ _A_ _d_u_l_t_ _D.a_ .y_ _C_ _a_r.e_ ......................... L ....... _2_0_,_0_ _0_0_ ....... 1_9_,_0_ -O_o_ ......... _1_ _9. -O_o_-O ............ 1_9_,_0__O_0_ ........................................... 2. Second Harvest Food Bank I 5,500 4,000 4,200 4,000 3. Ombudsman Program of San Mateo County - 1,700 5,000 1 700 1 Sub Totall 25,500 24,700 ! ] _. _ _N_e_ i ~ _h_b_ _o_r_h_o_o_d_ _S_e_E lc_ _e_s_ _C_ t r ._(_N_ _P_~ ~ .................. [ ....... _~.5_ ,.-O_0.0_ ....... _2_4_,_0__O.0_., ........ _2__5_,_O_0__O ............ _2_4_,_0__O_0__L ......................................... 2. The Tooth Mobile i 15,000, 14,000 i- 15,000, 14,000 L Sub Totall 46,000 44,000 46,000 ' 44,000 1. CORA (Ctr. for Domestic Violence Prevention) I 5,000 ~ 4,000; 13,000 4,000 Sub Total 10,000 9,000 18,000 9,000 1. ELLIPSE Peninsula AIDS Services i 4,000 i 4,000 i 6,000 i 4,000 1 ....................... [ ........ ...... ....... ........... ............ ' ............................ : i i i : Sub Total, 9,000I 81000 ' 16 000 ' 8 000 ' 1. John's Closet ~ 3,000 ~ 3,000 5,000 I 3,000 1 2. Family Alternatives (NPFA) , 9,000 I 9,000 9,000 1 ................................................................... : I i 8,000 i Sub Totali 12,000 ~ 12,000 14,000 [ 11,000 [ .......................................... I i i i Sub Total Public Se~icei 125,500 ~ 120,700[ 150 2001 116,700[ EXHIBIT A Total Funding 03-04 Total Funding 04-05 Fund Request 05-06 CDBG Sub Committee Recommends 05-06 4. City-Sponsored Housina Proarams I 346,454 346,454 310,802 5. City-Sponsored Commercial , 175,000 175,000 175,000 Sub Total Housing, Comm. & Pub. Fac. Allocations 23,500 544,954 568,954 509,302 1. CDBG Program Administration i 149,400; 137,375 i 155,875 Sub Total Administration, 1. La Raza Centro Legal ! 17,500 2. Project Sentinel 5,000 ......................................... __T?_t_a__l __H_ _O_~__E_ .P_ r _o_~ _r_a_ _m_ I ....... _2_2_ .5__0_0_ _ ...... j _5_,.o_g.o_ ......... j_ _5_, _o_o_ g_ i .......... L4_,_4_ _7_5_ ........................................... 3,525 ~6,000 j 3,525 , ...... j_s_,.5__2.5_ ......... ?_ L g_o_ _o_ ,,, .......... ~_ .8_,.0__0_0_ ........................................... .... _2___.S._h_eJ_t_e.r_.N__e~_o_r_k_Z__qr_o__~_s_r_o__a_d__s .......................... , ....... j_4_,_0_9_0- ...... J ~,_0__0_0_ ......... J__~_,_o_o__o_ ........... J_~_,_o__o.o__, ......................................... 3. Shelter Network - Maple Street 7,500 7 500 7 500 7,500 .................................................................... ~. ................ ~. ........ '.; ..... ~. .......... - ..... ., ................... , .... _4_ _ _ _s_ _a_m_ _a_ rjt _a_n_ __H_o__u_s.e__: _S_ _a_f.e_ .H__a_r_b__of_ ................................ _7__ ,_0_ _0_0_ ........ _7_,_0_ _0_0_ ........... _7_,_o29- ~' ........... .7_,_o_ _o_o_ ........................................... .... _5.-.L__a_.R__a.z.9._C__e_n_tEg_L__e_g.a.l.(g.o__d_e__E_~f~?_~?&~9~:~ ............. _2. ,_0_ _0_0_ ........ _5_,_0_ _0_0_ ........... _5,g_O_g_ ] ........... _5_,_0_ g.O_ ........................................... 6. Sitike Counseling Center 5,000 5,000 5,000 I ~0,300 , _ .................................................................... I ~ ......................................... lotal Redevelopment Funds 58,000 65,000 70,300 i 70,300 I C) EXHIBIT A 05-06 FUNDS AVAILABLE $686,877 05-06 FUNDS ALLOCATED CDBG EN ~ LEMENT AMOUNT $686,877 CDBG PROGRAM INCOME $95,000 $95,000 TOTAL CDBG FUNDS $781,877 TOTAL HOME FUNDS $18,000 TOTAL REDEVELOPMENT FUNDS $70,300 $781,87~7 $70,300 TOTAL FUNDS ALL SOURCES 05-061 $870,177 $870,177t EXHIBIT A EXHIBIT B 0 0 0 0 0 4 CITY SOUTH SAN FRANCISCO, CA PY2005-06 ACTION PLAN Date: 4/1/2005 1:49 PM Nat 2005 Prop Year PID Project Name LocationType Address Description Obi MTX Reg_Cit Budget Proposed Type Units CHILD CARE Community 700 SOUTH CLAREMONT STREET, SUITE 107; SAN RESPITE CHILDCARE PROGRAM PROVIDING 01 - PEOPLE REFERRALS AND SUBSIDIES FOR LOW-INCOME LMC '05L 570.201(e) $4,000 4 200~I 1 COORDINATING Wide MATEO,CA 94402 (GENEP-~L) COUNCIL FAMILIES IN EMERGENCY SITUATIONS. PROGRAM AUGMENTS EXISTING CENTER BASED CITY-SPONSORED Community 601 SPRUCE STREET; SOUTH SAN FRANCISCO CHILD CARE SERVICES OFFERED BY PROVIDING LMC '05L 570.201(e) $10,000 01 - PEOPLE 20051 2 CHILD CARE Wide ,CA 94080 SUBSIDY TO LOW- AND MODERATE-INCOME (GENERAL) 15 FAMILIES TO ASSIST WITH THE MONTHLY FEES. ON GOING DAY CARE SERVICES IN CENTER-BASED FACILITY FOR INFANTS AND PRE-SCHOOL 01 - PEOPLE Community 2525 WEXFORD AVENUE; SOUTH SAN FRANCISCO CHILDREN. PROVIDES SUBHSIDIES TO LOW INCOME LMC '05L 570.201(e) $4,000 (GENERAL) ~2 2005 3 FRIENDS TO PARENTS Wide CA 94080 FAMILIES TO ASSIST WITH MONTHLY COSTS OF PROGRAM. CHILD CARE PROGRAM FOR LOW-INCOME PARENTS. SSFUSD CHILDREN'S Community 530 TAMARACK LANE; SOUTH SAN FRANCISCO CDBG FUNDS PROVIDES TRANSPORTATION, LMC '05L 570.201(e) $2,000 01 - PEOPLE 2005 4 CENTER Wide .CA 94080 SNACKS, AND ADMISSION FEES FOR FIELD TRIPS (GENERAL) 165 ORGANIZED FOR THE CHILDREN. PROGRAM OFFERS DAY CARE SERVICES TO FRAIL, CITY SPONSORED Community 601 GRAND AVENUE; SOUTH SAN FRANCISCO ,CA :CHRONICALLY IMPAIRED AND ELDERLY SENIORS 01 - PEOPLE 2005 5 LMC '05A 570.201(e) $19,000 50 ADULT DAY CARE Wide 94080 INCLUDING SOCIAL, EDUCATIONAL, & RECREATIONAL (GENERAL) ACTIVITIES. HOT LUNCH & SNACKS ARE PROVIDED. FOOD BANK PROVIDES WEEKLY GROCERY BAGS TO SECOND HARVEST Community 601 GRAND AVENUE; SOUTH SAN FRANCISCO ,CA ~ENIORS CONTAINING STAPLES, CANNED FOOD, LMC '05A 570.201(e) $4,000 01 - PEOPLE 2005 6 FOOD BANK Wide .94080 BREAD, PASTA, SEASONAL ITEMS, AND FRUIT TO (GENERAL) 260 LOW-INCOME SENIORS. Community 1300 PIEDMONT AVENUE, SUITE 425 SAN PROVIDES MONITORING OF ADULT-CARE FACILITIES & LMC '0SA 570.201(e) $1,700 01 - OMBUDSMAN PEOPLE 2005 7 PROGRAM OF SAN Wide BRUNO,CA 94066 REPORTING OF ABUSES AND NEGLIENCE. (GENERAL) J0 MATEO COUNTY NEIGHBORHOOD CORE SERVICE AGENCY FOR THE COUNTY OF SAN 2005 8 SERVICES CENTER Community 600 LINDEN AVENUE; SOUTH SAN FRANCISCO ,CA MATEO. PROVIDES A MYRIAD OF SOCIAL SERVICES 01 - PEOPLE Wide 94080 INCLUDING EMERGENCY FOOD, CRISIS COUNSELING, LMC '05 570.201(e) $24,000 (GENERAL) 915 NPNSC) HOUSING ASSISTANCE, AND EMPLOYMENT SERVICES. FULLLY EQUIPPED DENTAL OFFICE IN A MOBILE 2005 9 THE TOOTH MOBILE Community CITYWlDE 400 GRAND AVENUE; SOUTH SAN TRAILER WORKS WITH FAMILLIES ON TRACK LMC '05M 570.201(e) $14,000 01 - PEOPLE 280 Wide FRANCISCO ,CA 94080 PROGRAM TO PROVIDE DENTAL CARE TO THE FOOD (GENERAL) PARTICIPANTS ON SITE. 1 of 3 SOUTH SAN FRANCISCO PY2005-06 ACTION PLANI.xls CITY SOUTH SAN FRANCISCO, CA PY2005-06 ACTION PLAN Date: 4/1/2005 1:49 PM Location Nat 200'~ Proposed Type Prop Year PlO Project Name Type Address Description Obi MTX Reg_Cit Budge! Units PROJECT PROVIDES TUTORS TO TEACH PEOPLE 16 PROJECT READ - WEST Community 840 WEST ORANGE AVENUE; SOUTH SAN YEARS OF AGE AND OLDER HOW TO READ AND LMC '05 570.201(e) $6,000 01 - PEOPLE 200~ 10 ORANGE LIBRARY Wide FRANCISCO ,CA 94080 WRITE. THE PROGRAM TRAINS PEOPLE FROM THE (GENERAL) 40 COMMUNITY TO BE TUTORS. RESIDENTIAL SHELTER FOR DOMESTIC VIOLENCE SURVIVORS & THEIR CHILDREN INCLUDING AN ARRAY 01 - PEOPLE CORA (CTR. FOR Community P.O. BOX5090; SAN MATEO,CA 94402 LMC '05G 570.201(e) $4,00(~ 7 :200-~ 11 DOMESTIC VIOLENCE Wide OF SOCIAL SERVICES TO ASSIST WITH THEIR (GENERAL) PREVENTION) TRANSITION TO LIVING INDEPENDENTLY. THIS IS THE ONLY COUNTY AGENCY PROVIDING F~,PE TRAUMA Community 1860 EL CAMINO RE~L, SUITE 302; SEXUAL ASSAULT COUNSELING SERVICES AND 01 - PEOPLE 200.~ 12 SERVICES CENTER Wide IBURLINGAME,CA 94080 SUPPORTIVE SERVICES FOR SEXUAL ASSAULT LMC '05 570.201(e) $5,000 (GENERAL) -~ SURVIVORS. PROVIDES IN HOME SUPPORT SERVICES TO PERSON~ DIAGNOSED AS HIV POSITIVE INCLUDING 01 ~ PEOPLE 2005 13 ~,IDsELLIPSEsERVIcEsPENINSULA CommunitYWide 173 SOUTH BLVD.; SAN MATEO,CA 94080 HOUSINGCOUNSELING'AsSISTANcE,EMERGENCYANDFOODsuPPoRTSUPPLEMENTS'FoR FAMILY LMC '03T 570.201(e) $4,00G (GENERAL) 15 MEMBERS. PROVIDES SUPPORT, iNFORMATION, REFERRALS, PARCA SUPPORT Community 1750 EL CAMINO REAL, #105; BURLINGAME,CA OUTREACH, OUTREACH, ADVOCACY, AND RECREATIONAL OPPORTUNITIES TO INDIVIDUALS LMC '05 570.201(e) $4,00G 01 - PEOPLE 2005 14 SERVICES PROGRAM Wide 94010 WITH DEVELOPMENTAL DiSABILITiES AND THEIR (GENERAL) 5 FAMILIES. PROVIDES NEW CLOTHING TO LOW-INCOME SCHOOL 2005 15 JOHN'S CLOSET Community 700 STEWART STREET; DALY CITY,CA 94015 AGE CHILDREN OF THE NEIGHBORHOOD STRATEGY LMC '05 570.201(e) $3,000 01 - PEOPLE Wide AREA. (GENERAL) 130 NORTH PENINSULA COUNSELING SERVICES TO LOW-INCOME PARENTS & Community 501 SPRUCE AVENUE; SOUTH SAN FRANCISCO YOUTH ON ISSUES OF SCHOOL PERFORMANCE, 01 - PEOPLE 2005 16 FAMILY ALTERNATIVES Wide ,CA 94080 SUBSTANCES ABUSE, GANG ACTIVITIES, & LMC '05 570.201(e) $8,00C (GENERAL) [NPFA) REFERRALS TO SOCIAL SERVICES AS NEEDED. TOTAL PUBLIC SERVICE ACTIVITES: $116,700 HOUSING ACCESSIBILITY MODIFICATIONS FOR LOW- C.I.D. HOUSING Community INCOME PEOPLE TO ENABLE DISABLED RESIDENTS 10 - HOUSING 2005 17 &CCESS Wide B75 O'NEIL; BELMONT,CA 94002 TO STAY IN THEIR HOMES IN A SAFE AND ACCESSIBLE LMH '14A 570.202 $15,000 UNITS 30 ENVIRONMENT. REHABILITATE HOMES OF LOW-INCOME HOME OWNERS USING ALL VOLLUNTEER LABOR INCLUDING 2005 18 TOGETHERREBUILDINGpENINSULA CommunityWide sANCOMMUNITYFRANCIscoWIDE, cA40094080GRAND AVENUE; SOUTH REPAIRS OF PLLUMBING, ROOFS, ELECTRICAL LMH '14A 570.202 $8,500 10 - UNITsHOUSING 3 SYSTEMS, HEATING SYSTEMS, & DISABLED ACCESS MODIFICATIONS. (~' 2 of 3 SOUTH SAN FRANCISCO PY2005-06 ACTION PLAN1 .xls CITY SOUTH SAN FRANCISCO, CA PY2005-06 ACTION PLAN Date: 4/t/2005 1:49 PM Nat 2005 Prop Year PID Project Name Location Address Description Obi MTX Reg_Cit Budget Proposed Type Units Type PROGRAM OFFERS A VARIETY OF REHAB SERVICES CITY-SPONSORED Community COMMUNITY WiDE 400 GRAND AVENUE; SOUTH TO THE COMMUNITY, INCLUDING LOW-INTERESST LMH '14A 570.202 $310,802 10 - HOUSING 75 2005 19 HOUSING Wide SAN FRANCISCO ,CA 94080 LOANS FOR HOMEOWNERS TO BRING THEIR HOUSING UNITS REHABILITATION UNIT UP TO CODE. MAY INCLUDE ACQUISITION. COMMERCIAL REVITALIZATION PROGRAM ASSISSTS CITY-SPONSORED Census HISTORIC DOWNTOWN DISTRICT; 400 GRAND ~PROPERTY OWNERS IN THE HISTORIC DOWNTOWN LMA '14E 570.202 $175,000 08 - BUSINESSES 5 200~ 20 COMMERCIAL Tract AVENUE; SOUTH SAN FRANCISCO ,CA 94080 iDISTRICT WITH IMPROVEMENTS TO THEIR PROPERTY REHABILITATION 6022.00 INCLUDING FACADE & STRUCTURAL UNDERTAKINGS. TOTAL HOUSING, COMMERCIAL & PUBLIC FACILITIES: $509,302 FISCAL & PROGRAMATIC MANAGEMENT OF THE CDBG 400 GRAND AVENUE; SOUTH SAN FRANCISCO ,CA PROGRAM WHICH INCLUDES SOCIAL SERVICES, CDBG PROGRAM N/A N/A '21A 570.206 $155,875 NA NA 2005 21 ADMINISTRATION 94080 HOUSING & COMMERCIAL REHAB, & PREPARATION OF FEDERAL REPORTS & DOCUMENTS. 21 TOTAL PROJECT FUNDS FOR PY2005-06: $781,877 FUNDING SOURCES AMOUNT New FY 2005 Entitlement Funds: $686,877 Prior Year Reallocated Entitlement Funds: $0 Prior Year Reallocated Program Income: $0 Estimated Program Income to be Generated in PY2005: $95,000 TOTAL CDBG FUNDS AVAILABLE: $781,877 Total Public Service Activities: $116,700 Percent of Funds for Public Service Activities: 15% Total CDBG Admin: $t55,875 Percent of Funds for CDBG Admin: 20% 3 of 3 SOUTH SAN FRANCISCO PY2005-06 ACTION PLANI.xls City of South San Francisco One Year Housing, Economic & Community Development Action Plan 2005-2006 I. Introduction The 2005-2006 One Year Action Plan describes how the City of South San Francisco will address the City's housing and non-housing community development needs during the 2005- 2006 fiscal year. The City of South San Francisco adopted a Five Year Consolidated Plan for housing and non-housing community development activities for 2003-2008. The Consolidated Plan identified the community's needs in housing, neighborhood improvements, social services, and economic development. It also set priorities for addressing those needs and describes how the City will use Community Development Block Grant (CDBG), HOME, and local RDA funds to address those needs. This document, the One Year Action Plan, is consistent with the priorities established in the 2003-2008 Five Year Consolidated Plan. A table summarizing activities planned- for the year is attached as Appendix A. The majority of programs described in the One Year Action Plan are available to residents citywide. Occasionally, certain projects are specifically targeted towards the Downtown/Old Town area (CDBG target area) with low income and minority group concentrations. In undertaking these activities and the use of federal funds, the City of South San Francisco will not in any way hinder implementation of its Plan by action or willful inaction. II. Financial Resources Funding to carry out the activities described in the One Year Action Plan comes&om several sources including the federally funded CDBG and HOME programs. The City will also use local Redevelopment Agency public funds and other private resources to carry out the Plan's activities. The federal government provides CDBG funds to entitlement cities directly through block grant programs. Cities can utilize these funds to revitalize low income neighborhoods, expand affordable housing, create economic opportunities for low income people, and improve community facilities. During the 2005-2006 fiscal year the City of South San Francisco will receive a CDBG entitlement of $686,877. Additionally, the City expects to receive $95,000 in program income from CDBG rehabilitation loan repayments. Thus, the total amount of funds available to allocate in FY 2005-06 will be $781,877. The federal government provides HOME funds to cities and counties to improve and increase the supply of affordable housing for low income people. To access HOME funds, the City of South San Francisco is part of the San Mateo County HOME Consortium. The HOME program requires jurisdictions using HOME funds to leverage these funds with local resources. The City will use Redevelopment Agency funds to meet the HOME match requirement on a project by project basis. 2005-2006 One Year Action Plan Page 1 of 16 000008 For 2005-2006, the County will provide South San Francisco with $18,000 in HOME administration funds, which the City Council has designated to be used for fair housing activities. Non-federal public resources available to the City primarily come from the City's Redevelopment Agency (RDA). RDA funds are generated through incremental property taxes in the City's redevelopment areas. The City must use 20% of the tax increment on housing activities that benefit persons at or below 120% of the AMI. For 2005-2006, RDA funds have also been allocated to meet housing and community development needs. More funds may be allocated towards new affordable housing development and/or acquisition and rehabilitation for affordable housing purposes as opportunities arise. Non-profit agencies and private investors will participate in many of the activities described in the One Year Action plan. In many cases their participation will leverage both federal and local public funds used to carry out these activities. Private leveraging is discussed further in this plan where appropriate. III. Housing Activities A. Priority: Increase, maintain and improve the supply of affordable housing for very- low, low, and moderate income individuals and families. The San Mateo County Consortium has determined that creating new affordable rental units is a high priority in San Mateo County. The Association of Bay Area Governments (ABAG) estimates that new market generated housing construction will not be affordable to very-low, low, and moderate income households. To help meet the need for new affordable housing, public and nonprofit agencies will have to increase their efforts to make affordable housing available. The high cost of developing housing and the subsidies needed to make new units affordable to low and moderate income families makes the construction of new affordable units difficult. In addition, there is a limited amount of land suitable for affordable housing development in South San Francisco. These and other factors outlined in the San Mateo County and the South San Francisco Consolidated Plan provide the basic rationale for South San Francisco also making housing rehabilitation a priority. 1. New Housing Construction a. County Property at Grand and Oak Avenues $3,500,000 RDA $4,500,000 State Sources The City is working with the County of San Mateo and BRIDGE Housing to construct approximately 43 affordable family apartments on County owned land at Grand and Oak Avenues. The units are estimated to be completed in 2007. The units will be affordable to families between 30% and 50% of the AMI and funded with $3,000,000 in Tax Credits, $1,500,000 in Multi-Family Housing Funds through Proposition 46, and $3,500,000 in RDA Funds in addition to private funding. The cost of this development is estimated at approximately $15,000,000. 2005-2006 One Year Action Plan Page 2 of 16 000009. b. 440 Commercial Avenue $500,000 in-kind Land Contribution $250,000 San Mateo County HUD Funding Habitat for Humanity Monetary and N-Kind Contributions In FY 02-03 the City's Redevelopment Agency purchased a vacant lot at 440 Commercial Avenue for the purpose of constructing affordable housing. The City is negotiating an agreement with Peninsula Habitat for Humanity to construct four three-bedroom units affordable to families earning below 50% AMI. The units would tentatively begin construction in FY 2005- 2006 and would be sold to four large low income families. The Agency will contribute the land and Habitat will provide materials and volunteer labor to construct the units. Habitat will also provide Mortgage Financing for the acquisition by low income families who are required to volunteer 500 hours of labor on their homes as sweat equity. d. Inclusionary Housing Development-Below Market Rate (BMR) Units Private Funds The City's 20% Inclusionary Housing Ordinance requires new affordable units in residential market rate projects of 4 units or more to be available to residents at or below 80% of the AMI and residents at or below 120% of the AMI. Projects will be either rental or ownership units depending on the type of project under development. Inclusionary BMR units do not receive local subsidies, however, first time homebuyers are eligible for low-interest deferred loans from the City to purchase the BMR ownership units. 2. First Time Homebuyer Loan Program $300,000 CDBG $250,000 RDA The City of South San Francisco has created a first-time homebuyer loan program. The City's First Time Homebuyer program provides low-interest "silent second loans" in which the City defers payments for five years. The First Time Homebuyer program gives priority for loans to City employees. Loans range between $25,000 and $100,000 depending on need and income eligibility. First time homebuyers can use the City loans to purchase homes anywhere in the City or newly constructed BMR units created under the City's inclusionary housing ordinance. In 2005-2006, the program will offer 1-3 first time homebuyer seminars and individual counseling for prospective buyers and plans to make 4-5 first time homebuyer loans. As additional CDBG funds become available in 2005-06, the City will add CDBG ftmds to the first-time homebuyer program to assist borrowers below 80% of the AMI. 3. Acquisition and Rehabilitation The City will work with private rental property owners and non-profit organizations to identify suitable rental properties that can be acquired and/or rehabilitated to provide housing for low and very-low income renters. The types of rental properties targeted will consist of 4 to 12 unit structures and/or residential hotels. The primary funding sources for rental properties will be HOME, CDBG, and RDA funds. a. Willow Gardens $14,000,000 Mixed Sources The City has partnered with Mid-Peninsula Housing Coalition to acquire and rehabilitate approximately 12 four-plex buildings (48 units total) in the Willow Gardens neighborhood. The units are permanently affordable rental units owned and managed by Mid-Peninsula. The units will be affordable to households at 50 - 60% of the AMI. Mid-Peninsula has acquired 7 buildings (28 units) to date and will continue to acquire them as they become available. The Willow Gardens neighborhood is located in the E1 Camino Corridor Redevelopment Project Area. Mid-Peninsula Housing Coalition has just completed a major exterior rehabilitation 2005-2006 One Year Action Plan Page 3 of 16 0000i0 project of the seven units it owns in Willow Gardens using $800,000 in private funds. The acquisition and rehabilitation of these units was funded with HOME and Redevelopment Agency Funds. Total project costs are estimated at $14,000,000. b. Downtown Affordable Housing Program $500,000 (RDA, CDBG and/or HOME) The Downtown Affordable Housing Program is designed to provide affordable rental housing for low and very-low income residents through the acquisition and rehabilitation of dilapidated housing stock in or near the downtown. Of special interest are unoccupied Single Room Occupancy hotels and 4-6 unit apartment buildings. 4. Owner-Occupied Rehabilitation a. City-Sponsored Housing Rehabilitation Loan Program $310,802 CBDG The Housing Rehabilitation Loan Program assists low and moderate income homeowners with housing repairs. The program various sub-components and is administered by the City's Housing and Community Development Division. It is available in the Downtown/Old Town area and citywide. It is expected that 3-5 low- and moderate-income households will be assisted with low-interest and/or deferred loans. The maximum loan amount is $35,000. Funds are used for loans, administration of the Rehabilitation Program, or are programmed as needed based on opportunities that arise. The City also funds the Voucher Programs and the House Helpers Program through this CDBG Allocation to the City-Sponsored Housing Rehabilitation Loan Program: i. Voucher Program (Sub-program of City Sponsored Rehabilitation Program) The City administers a housing rehabilitation voucher program that makes grants available to low income homeowners citywide. The Voucher program is a grant subprogram of the Housing Rehabilitation Loan Program and is not funded separately. Vouchers are used in limited situations and for limited amounts of money when the usual loan process is prohibitively expensive or too time consuming to clear up an emergency situation. The City will expend approximately $5,000 from the Housing Rehabilitation Loan Program to assist 5 low income residents through this program. There are two different types of Vouchers available: Emergency Code Violation Vouchers provide homeowners a grant of up to $2,500 to clear up code violations in their homes. This program will assist 1-3 low income residents in 2005-2006 using approximately $5,000. Debris Box Vouchers help low and moderate income residents in the Downtown/Old Town area and citywide remove accumulated debris and yard waste from their properties to assist in resolving code violations. This program will assist 10 residents with approximately $5,000 in 2005-2006. ii. Minor Home Repair (House Helpers) (Sub-program of City Sponsored Rehabilitation Program) The Minor Home Repair Program provides home repairs for very-low income homeowners free of charge. Services include roof and gutter repairs, water heater replacement, and installation of security devices, smoke alarms and carbon monoxide detectors. The 2005-2006 One Year Action Plan Page 4 of 16 000011 program is administered by North Peninsula Neighborhood Services Center whose staff speaks English, Spanish and Tagalog. The majority of households assisted will be large families with small children and elderly female heads-of-household. NPNSC expects to assist 30-40 very-low income households in the Downtown/Old Town area and citywide depending on rehabilitation needs. The City funds the program with $40,000 in CDBG funds set aside from the Housing Rehabilitation Loan Program. Funds are further leveraged by NPNSC's low cost repair services. b. Rebuilding Together Peninsula $8,500 CDBG Rebuilding Together Peninsula plans to rehabilitate 5 homes and replace 1 roof for low income South San Francisco homeowners. Rebuilding Together Peninsula will accomplish all of the rehabilitation work on one day in April and will use completely volunteer crews that include skilled labor. By using volunteer labor, Rebuilding Together Peninsula greatly leverages the CDBG funds they receive. The City will allocate $8,500 of CDBG funds to the program in 2005-2006 to be used exclusively for building materials. 5. Rental Habitability a. La Raza Centro Legal Code Enforcement Assistance $5,000 RDA La Raza Centro Legal is adding a code enforcement assistance program to their services through which they will assist 100 low income residents primarily in the Downtown and Willow Gardens neighborhoods in reporting code enforcement violations in their dwellings thus improving habitability conditions and reducing landlord abuse of tenants in South San Francisco. La Raza Centro Legal's code enforcement assistance program will be funded with $5,000 in RDA funding. B. Priority: Provide service-enriched shelter and transitional housing for homeless individuals and families. The City implements a continuum of care approach to assist families and individuals break the cycle of homelessness. The City funds an array of non-profit agencies that provide services to families at-risk of becoming homeless. By providing support services, transitional housing, and permanent housing, City-funded non-profit agencies are able to help residents avoid episodes of homelessness and find permanent housing. City funds awarded to agencies are leveraged by donations from individuals, foundations and other government sources. 1. Shelter Network - Crossroads $18,000 RDA Provides transitional housing and comprehensive support services to homeless families. On-site services include support groups, job development and other individualized services to help families secure permanent housing. The shelter will serve 35 very-low and low income individuals and the program is available to people citywide. The City will allocate $18,000 of RDA funds to the program in 2005-2006. 2. Shelter Network- Maple Street $7,500 RDA Provides transitional housing and comprehensive support services to homeless individuals. On- site services include support groups, job development and other individualized services to help individuals secure permanent housing. The shelter will serve up to 20 very-low and low income individuals citywide. The City will allocate $7,500 of RDA funds to the program in 2005-2006. 2005-2006 One Year Action Plan Page 5of16 000012 3. Samaritan House- Safe Harbor $7,000 RDA Safe Harbor is a homeless emergency shelter in South San Francisco operated by Samaritan House. Safe Harbor provides shelter and food for up to 90 individuals countywide a night. In addition Samaritan provides several other services on site including substance abuse education and counseling, employment and job development counseling, and health services. All the individuals served at the shelter will be very-low income. Safe Harbor will serve 65 homeless individuals from South San Francisco in 2005-2006. The City of South San Francisco is allocating $7,000 in RDA funds during 2005-2006. 4. mP Housing (Human Investment Project) $22,500 RDA Offers affordable housing services including a home equity conversion program for seniors, shared housing referrals, life skills workshops for single parents, and a homeless prevention program. All counseling and housing services are offered in Spanish and English. HIP will provide referrals to 145-180 very-low and low income individuals citywide. The City will allocate $22,500 of RDA funds to the program in 2005-2006. C. Priority: Provide service-enriched housing opportunities for individuals and families with special needs including, but not limited to, seniors, people with physical and developmental disabilities, domestic violence survivors, people with AIDS/ItlV, and people in treatment for substance abuse. Elderly and disabled residents constitute special needs groups in South San Francisco. Both require special programs and services that will allow them to remain in their homes in a safe and accessible environment. The City has funded the Center for Independence of the Disabled for many years and will continue to provide funding. Services provided by C.I.D. are crucial for the disabled community, allowing them to remain in their homes or to move into new housing that is accessible to them. Communities Overcoming Relationship Abuse (CORA) provides shelter for domestic violence survivors and their families that must leave their current housing to escape abusive situations. 1. Center for Independence of the Disabled-Housing Accessibility Program $15,000 CDBG Helps eliminate architectural barriers and provides modifications such as grab bars and access ramps to make homes safer and more accessible for people with disabilities and/or the elderly. CID will serve 30 very-low and low income households, all of who are disabled or frail elderly. The program is available citywide. The City will allocate $15,000 of CDBG funds to the program in 2005-2006. 2. Communities Overcoming Relationship Abuse (CORA) $4,000 CDBG Provides shelter for domestic violence survivors and their children as well as food, clothing, counseling and legal services. Services are provided in English, Spanish, and Tagalog. The program will serve 8 low income individuals citywide. The City will allocate $4,000 of CDBG funds to the program in 2005-2006. 2005-2006 One Year Action Plan Page 6 of 16 000013 IV. Non-Housing Community Development Activities To help create a healthier and safer community, the City of South San Francisco uses the Community Development Block Grant to fund an array of non-profit agencies that provide essential social services to working families. Funded services range from childcare and youth programs to senior services. The City also uses CDBG funds for building improvements that help revitalize the Downtown, improve facilities that provide services to Iow income residents, and to make buildings accessible to people with disabilities. Ae Priority: Provide core public services activities to improve the quality of life for low income individuals and families, including those at risk of becoming homeless and special needs groups. 1. Childcare a. Child Care Coordinating Council $4,000 CDBG Provides short-term childcare (up to 90 days) for children of low income families in temporary crises, such as severe illness or economic crisis. CCCC will serve 5 very-low and low income children citywide. The City will allocate $4,000 of CDBG funds to the program in 2005-2006. b. City-Sponsored Day Care $t0,000 CDBG Operates two preschools, four before- and after-school sites, a summer camp and a vacation program. Funds will be used to provide fee assistance to families who cannot afford to pay full fees. The program will serve approximately 15-20 very-low and low income children citywide. The City will allocate $10,000 of CDBG funds to the program in 2005~2006. c. Friends to Parents $4,000 CDBG Friends to Parents provides affordable childcare for low income families with children ages two weeks to 5.9 years and is the only program serving infants. The Program will provide childcare for up to 31 children from very-low and low income households citywide. The City will allocate $4,000 of CDBG funds to the program in 2005-2006. d. SSFUSD - Children's Center $2,000 CDBG Provides childcare 11 hours a day as well as a summer program. Funds will provide one recreational activity, such as a field trip to the beach or Coyote Point Museum. The Children's Center serves 135 very-low and low income children citywide. The City will allocate $2,000 of CDBG funds to the program in 2005-2006. 2. Senior Services a. City-Sponsored Adult Day Care $19,000 CDBG Provides a structured, supervised setting in which frail or chronically impaired seniors can participate in social, educational and recreational activities as independently as possible. The program will serve 35 very-low and low income people citywide. The City will allocate $19,000 of CDBG funds to the program in 2005-2006. 2005-2006 One Year Action Plan Page 7 of 16 000014 b. Second Harvest Food Bank $4,000 CDBG Provides seniors and disabled residents with weekly grocery bags containing at least 12 staple items and consumer and nutrition information. Second Harvest will serve approximate 260 very- low and low income senior and/or disabled residents citywide. The City will allocate $4,000 of CDBG funds to the program in 2005-2006. c. Ombudsman Program of San Mateo County $1,700 CDBG Monitors adult-care facilities and reports abuse and negligence, advocating for residents of 41 long-term care facilities in the City of South San Francisco. Will address the needs of 30 low income seniors or disabled residents in long-term care facilities in South San Francisco. The City will allocate $1,700 of CDBG funds to the program in 2005-2006. 3. General Social Services a. North Peninsula Neighborhood Services Center (NPNSC) $24,000 CDBG Provides social services for those in immediate need. Services include provision of food, clothing, shelter, transportation, assistance with rental security deposits, payment of PG&E bills to avoid service interruptions, and crisis intervention. NPNSC is a key agency serving very-low income individuals and families at risk of homelessness. NPNSC will serve 2,000 very-low and low income residents citywide. The City will allocate $24,000 of CDBG funds to the program in 2005 -2006. b. The Tooth Mobile $14,000 CDBG The Tooth Mobile provides on-site dental services for low income children, adults, and seniors in South San Francisco. 100% of the beneficiaries are low or very-low income. The Tooth Mobile estimates it will serve approximately 300 individuals citywide with either dental screenings and cleanings or treatment with $14,000 in CDBG funds during 2005-2006. c. Project READ $6,000 CDBG Offers free individualized tutoring and materials for adults and trains volunteer tutors to assist in improving literacy. Project READ would serve 39 very-low and low income people citywide at the West Orange Avenue Library. The City will allocate $6,000 of CDBG funds to the program in 2005-2006. d. Sitike Counseling Center $10,300 RDA Sitike Counseling Center will provide substance abuse treatment for approximately 65 low and very-low income individuals citywide. The City will allocate $10,300 of RDA funds to the program in 2005-2006. 4. Battered Women's Services a. Communities Overcoming Relationship Abuse (CORA) See Housing Priority C b. Rape Trauma Services Center $5,000 CDBG This is the only agency within San Mateo County to provide information, resources, and support to sexual assault survivors and their loved ones. Rape Trauma Services anticipates serving 360 low income South San Francisco women and their families citywide during 2005-2006. The City will allocate $5,000 of CDBG funds to the program in 2005-2006. 2005-2006 One Year Action Plan Page 8 of 16 000015 5. Disabled Services a. ELLIPSE Peninsula Aids Program $4,000 CDBG Provides professional and volunteer in-home support services to very-low income residents who are HIV positive to enable them to remain healthy and to live at home as long as possible. Services include light housekeeping, delivery of groceries, transportation to medical appointments, and obtaining household items and medical equipment. ELLIPSE will serve approximately 25 very-low and low income individuals citywide. The City will allocate $4,000 of CDBG funds to the program in 2005-2006. b. Parca - Peninsula Association for Retarded Children and Adults $4,000 CDBG Parca provides support, information, referrals, outreach, advocacy, and recreation opportunities to approximately 60 low income South San Francisco individuals with developmental disabilities and their families citywide. The City will allocate $4,000 of CDBG funds to the program in 2005-2006. 6. Youth Services a. John's Closet $3,000 CDBG Provides schoolchildren ages 3 - 17 with new clothing including jeans, sweats, jackets and tennis shoes. Many parents of the children served are single mothers. Program will serve approximatel3~ 240 very-low and low income South San Francisco children citywide. The City will allocate $3,000 of CDBG funds to the program in 2005-2006. b. North Peninsula Family Alternatives (NPFA) $8,000 CDBG Offers a program to improve parenting skills and increase school performance. Low income, monolingual Spanish speaking families are the focus of this program. NPFA will serve 60 very- low and low income households citywide. The City will allocate $8,000 of CDBG funds to the program in 2005-2006. B. Priority: Sustain and increase the level of business and economic activity in areas that serve or have a high percentage of iow income residents. The City's economic and community development strategy for Downtown includes structural improvements to address code violations and seismic concerns and to maximize the use of commercial buildings and faqade improvement assistance for businesses. 1. City-Sponsored Commercial Rehabilitation $175,000 CDBG The City-Sponsored Commercial Rehabilitation provides financial and technical assistance to property owners undertaking structural, fagade and business sign improvements to their buildings. These improvements help owners increase the use of their commercial buildings, and improve the appearance of the downtown. The program is available in the Historic Downtown district. The program is funded through CDBG and is leveraged by owners' funds and RDA funds. During 2005-2006, the City will assist 4 to 6 business. The program will be funded with $175,000 in CDBG and may leverage up to $150,000 in RDA funding. 2005-2006 One Year Action Plan Page 9 of 16 C. Priority: Preserve and improve public facilities that serve a high percentage of low income residents. The City will make accessibility (ADA) modifications and/or other improvements to public facilities and other community facilities that serve low-income residents and residents with special needs. The City undertakes these projects on an as needed basis or when it identifies facilities with urgent needs. Projects will be funded with up to $50,000 in CDBG from program income, undesignated funds or activities that have been cancelled, delayed or are slow in drawing funds. As such, these rehabilitation and accessibility projects have not been identified but will be undertaken as deemed appropriate and will be dependent on the availability of program funds. Examples of past projects include the rehabilitation of the Safe Harbor Shelter and the Boys and Girls Club which received accessibility modifications. The City has also undertaken modifications to make all city owned facilities and public parks disabled accessible on a yearly basis for the last six years and will continue to do so as funds are available until all accessibility modifications in the City's ADA Plan have been competed. ¥. Needs of Public Housing The South San Francisco Public Housing Authority operates as a separate entity and submits a Consolidated Plan to HUD separately from the City of South San Francisco. The South San Francisco PHA manages 80 units of affordable public housing. Information about the needs and strategy of the South San Francisco PHA can be found in the South San Francisco PHA 2000- 2004 Consolidated Plan. VI. Anti-Poverty Strategy The City of South San Francisco has a multifaceted approach to reducing the number of families living in poverty. First, City participation in the acquisition, construction or rehabilitation of affordable housing is contingent upon restricting rents to affordable levels for low income residents for an extended period of time (30 to 40 years). This helps reduce the number of families living in poverty by decreasing one of their largest expenses, rent, to a reasonable level. Additionally, the City's housing rehabilitation loan programs offer Iow and moderate income homeowners the opportunity to bring their homes up to current building standards by providing low-interest loans, which facilitate upgrades in a manner that does not burden the family budget. Second, the City has recently adopted an inclusionary housing ordinance that requires developers to make twenty percent (20%) of all new housing units in developments of 4 units or more in the City affordable to moderate income families. All of the inclusionary units must be affordable to families at or below 80% or at or below 120% of the AMI as stipulated in the inclusionary ordinance. Third, efforts to improve the historic downtown business district provide property owners with an opportunity to undertake exterior business improvements, which can include signs, awnings and exterior painting. These improvements help owners increase the use of their commercial buildings and improve the appearance of the Historic Downtown district. In addition to providing assistance for improving commercial faCades, the City actively works with the South San Francisco Chamber of Commerce to meet the needs of downtown businesses and to promote 2005-2006 One Year Action Plan Page 10 of 16 00001'7 the area. These activities help create a more vibrant business community and new jobs for City residents. Fourth, the City funds several non-profit agencies whose services help low income residents. For example, by providing childcare subsidies the City is able to help low income adults work or study while their children are at a childcare center. Similarly, by providing funding to an adult literacy program, the City is able to help residents find employment they may not have been able to secure before knowing how to read. Through this multitude of efforts, the City is continually working to help reduce the number of families living in poverty. VII. Lead-Based Paint Abatement Program The City of South San Francisco is aware of lead paint hazards in its community because of the age of the existing housing stock, particularly in the historic downtown district. The San Mateo County Childhood Lead Poisoning Prevention Program has identified the City as a high-risk area. This designation is based on the City being in the upper 50th percentile for proportion of families living in poverty as well as the City's proportion of population under the age of six and proportion of housing stock built before 1950. The U.S. Department of Housing and Urban Development (HUD) promulgated new regulations on September 15, 1999, establishing requirements for notification, evaluation, and reduction of lead-based paint hazards in federally owned residential property and housing receiving federal assistance. The purpose of these regulations is to protect children under the age of six by eliminating or minimizing lead-based paint hazards in housing. The regulation significantly increases the quantity of testing and home maintenance, repair, or rehabilitation work that must be performed in a lead-safe manner. They also require lead hazard controls based on programs, which vary depending on the nature of the activity, amount of assistance, and duration of the relationship with the recipient of federal funding. HUD's new Lead Safe Housing Regulation took effect on September 15, 2000. The County of San Mateo and the cities of South San Francisco, San Mateo, Daly City, and Redwood City worked together to submit a Lead Based Paint Transition Plan to HUD and to implement the regulations by August 2001. South San Francisco met this deadline and is in compliance with the regulations. To implement the regulations, the City will continue to work with other cities in San Mateo County and the County of San Mateo to make training classes available to city staff and contractors. Besides sharing information on training classes, the cities and County will maintain a list of certified contractors and maintenance/rehabilitation workers that can perform work for all the jurisdictions. The City will also encourage its regular contractors and their workers to become certified abatement workers/supervisors. Bid packages will include information about lead-based paint hazards and training available to contractors. Outreach efforts will also include letters, media publications and other direct outreach to the City's contractors and other potential contractors. 2005-2006 One Year Action Plan Page 11 of 16 000Ol The City of South San Francisco will also continue to attend lead information meetings held in the County of San Mateo and other cities on the Peninsula. During these meetings the cities and County will share information about training courses, certified lead abatement contractors and workers, as well as plan efforts to increase the supply of certified workers throughout the County. VIII. Fair Housing Plan Through the San Mateo County HOME Consortium, the cities of Daly City, Redwood City, San Mateo, and South San Francisco contracted with Project Sentinel to develop and produce an updated "Analysis of Impediments to Fair Housing in San Mateo County, California." This section of our Annual Plan lays out the City's required Fair Housing Action Plan in response to the findings of the draft updated Analysis of Impediments to Fair Housing. The report indicated a number of impediments and potential impediments to fair housing in San Mateo County, although South San Francisco was not cited as having any policies that directly impede fair housing and was listed as one of the stronger jurisdictions in preventing predatory housing practices through increasing the supply of affordable housing. The study found that the shortage of affordable housing and a high ratio of Older housing stock in San Mateo County can constitute an impediment to fair housing, due to a high correlation between poverty levels, substandard housing, cost burdened and over-crowded households and Black and Hispanic neighborhoods. Although, South San Francisco is not one of the most vulnerable cities in the Consortium, conditions common to all of the entitlement cites studied, such as old substandard housing, low vacancy rates, and high numbers of lower income immigrants without good command of English or knowledge of fair housing law, set the stage for predatory housing practices directed at people of color, low and moderate income households, people with disabilities, large families, and other groups protected under fair housing laws. The study found some zoning and land use policies that constitute impediments to fair housing in other jurisdictions, but none were found in South San Francisco's zoning and land use policies. A common area of concern countywide is discriminatory banking and lending policies. The study found higher denial rates for mortgage loans and a higher reliance on sub-prime loans among Black and Hispanic residents. The study also found a countywide pattern of buildings that were not in compliance with accessibility provisions for the disabled in the Fair Housing Amendments Act. This non-compliance is an impediment to fair housing choice. In response to these findings, the City of South San Francisco will continue its support for fair housing organizations, fair housing education and outreach, and housing development and rehabilitation work that directly addresses the housing market factors that can put residents at greater risk of housing discrimination. Today the City of South San Francisco continues to work to overcome impediments and promote fair housing by contracting with two agencies, Project Sentinel and La Raza Centro Legal, to assist residents with housing discrimination complaints. The two agencies provide counseling, legal advocacy, and tenant/landlord mediation services in issues of fair housing and housing habitability. By having two agencies providing this service the City is able to offer a wider range of services to citizens needing fair housing counseling. Fair housing services are available to b residents citywide. 2005-2006 One Year Action Plan Page l2ofl6 000019 1. Project Sentinel $3,525 HOME Administration Funds Provides fair housing counseling and advocacy for South San Francisco residents. Project Sentinel's work includes providing fair housing education, enforcement, and dispute resolution in cases of housing discrimination. Additional services include community education and information on mortgage default and delinquency. In 2005-2006 Project Sentinel will provide fair housing services to 12 low income households citywide. The program will be funded with HOME administrative money received by South San Francisco from San Mateo County. 2. La Raza Centro Legal Fair Housing Counseling $14,475 HOME Administration Funds Provides South San Francisco residents with advocacy and legal representation in housing matters, including habitability issues and eviction prevention. In 2005-2006, La Raza will provide 400 low income individuals citywide with information and referrals, legal advice, counseling, and legal representation. The program will be funded with HOME administrative money received by South San Francisco from San Mateo County. The City currently provides educational materials (through on-line material on the South San Francisco website and brochures) about fair housing issues to residents and non-profits that work with low income people throughout the City, including materials about the services of Project Sentinel and La Raza Centro Legal. Preservation and construction of affordable housing were cited as a way to make a community less conducive to predatory housing practices and housing discrimination. As detailed in the housing section of this Plan, the City of South San Francisco will continue its housing development and rehabilitation work, directly mitigating conditions that put protected groups more at risk of housing discrimination. Inclusionary zoning ordinances were cited by the study as one of the most powerful tools available to increase the supply of affordable housing. South San Francisco was listed as having the second most effective inclusionary housing ordinance in the County. With other jurisdictions in the County HOME consortium, the City will also explore taking action on the concrete recommendations included in the AI to reduce countywide impediments to fair housing. These actions to explore include: developing an accessibility checklist for planning departments to use and distribute so that provisions of the FHAA are uniformly implemented across San Mateo County and developing a strategy to eliminate predatory lending practices and lending discrimination, especially in its disproportionate impact on Black, Hispanic, and senior residents. IX. Other Actions A. Address Obstacles to Meeting Underserved Needs The primary obstacle to meeting underserved needs is the lack of available funds. Therefore the City will strive to use its limited resources by leveraging its funds and using them in the most efficient manner possible. As described in the section, "Develop an Institutional Structure & Improve and Enhance Coordination of Services," the City will continue to work and coordinate with various organizations to maximize the use of City funds. By drawing on the expertise and 2005-2006 One Year Action PLan Page 13 of 16 0OO020 resources of various organizations, the City will be better able serve a greater number of city residents. B. Foster and Maintain Affordable Housing To overcome the obstacles of meeting underserved housing needs as well as foster the development affordable housing, the City will explore options to purchase substandard residential units and/or underutilized land to create affordable housing opportunities. In addition, the City will work to enforce the Inclusionary Housing Ordinance to ensure that all new housing developments or 4 or more units make 20 percent of the units affordable to low and moderate income families. C. Remove Barriers to Affordable Housing/Governmental Constraints In an effort to foster and maintain the supply of affordable housing and to remove barriers to affordable housing development, the City of South San Francisco will continue to monitor its public policies to identify areas where the City can make improvements. The City will continue to maintain and encourage affordable housing development by: · Implementing adopted density bonus ordinance Enforce the City's Inclusionary Housing Ordinance requiring that 20% of all new housing units in residential developments of 4 or more units in the City be affordable to moderate income families · Expediting reviews of affordable housing projects and provide technical assistance to developers · Apply amended zoning ordinance to give disabled residents greater flexibility making accessibility modifications to their homes D. Develop an Institutional Structure & Improve and Enhance Coordination of Services The City will work closely with non-profit social service providers, other cities, the School District, the County, and the Chamber of Commerce to coordinate the delivery of services to residents. The City will also assist neighborhood groups with space for events and materials to help them conduct community activities. In 2005-2006, the City will work to strengthen its relationships with organizations serving the public. Specific efforts will include: · Participate in the San Mateo County HOME Program Consortium · Continue working with the County of San Mateo and other CDBG jurisdictions to implement HUD's Lead Safe Housing Regulation · Fund 25 non-profit agencies serving low income residents · Continue working with Mid-Peninsula Housing Coalition to rehabilitate Willow Gardens · Work with businesses and the Chamber of Commerce on downtown beautification and other projects to improve the downtown 2005-2006 One Year Action Plan Page 14 of 16 000021 Work with the County of San Mateo, other entitlement cities, and nonprofit agencies to address the concerns found in the San Mateo County Analysis of Impediments to Fair Housing. Work with the County of San Mateo and BRIDGE Housing to develop affordable housing on County owned property located at Grand and Oak Avenues Work with Peninsula Habitat for Humanity to develop affordable housing at 440 Commercial Avenue E. Certificates of Consistency The City of South San Francisco intends to issue certificates of consistency as appropriate when requested. X. Monitoring Standards and Procedures The City has established procedures that ensure City programs comply with federal program requirements and City policies. For agencies that receive CDBG, HOME and RDA funding, the City requires the agencies to provide quarterly reports of accomplishments and financial records. All new grantees receive site visits from City staff. These monitoring activities keep the City informed about the progress agencies are making towards meeting their objectives. The City also conducts site visits and requires the agencies to submit an annual audit. With respect to applicable construction projects, the City asks developers to submit proof of compliance with Davis-Bacon with each invoice they submit to the City. The City Council also reviews annual reports to ensure that the City is applying its resources to meet community goals. These reports include the CAPER (Consolidated Annual Performance & Evaluation Report) for federal programs, the annual report for the Redevelopment Agency and the annual city audit. XI. Citizen Participation The City of South San Francisco has an established citizen participation plan, which is part of the 2003-2008 Consolidated Plan. In accordance with the Citizen Participation Plan, the City held public hearings and allowed for public cmranent periods to help determine the community's needs and review the 2005-2006 One Year Action Plan. In addition, the City is part of the San Mateo County HOME Consortium and as such participates in the extensive needs assessment and public hearing process conducted by the County of San Mateo. A. Identifying Needs Request for Proposals for CDBG Funding A request for proposals for CDBG funding was sent to all community agencies on the Housing and Community Development mailing list on January 3, 2005. A public notice of the RFP availability was published in the San Mateo County Times on January 15, 2005. The RFP was also posted on the City's website. 2005-2006 One Year Action Plan Page 15 of 16 000022 Public Hearing on Community Needs On March 9, 2005 the City held a public hearing with the Mayor and City Council to receive public comments on the City's housing and community development needs. Many community agencies that applied for CDBG funding came to the hearing and spoke on behalf of their proposals. A public notice for the hearing was printed as a display advertisement in the San Mateo County Times 14 days before the hearing on February 26, 2005. Notice of the hearing was mailed to all community agencies on the Housing and Community Development mailing list. B. The "Proposed" Annual Action Plan Availability of a Proposed Annual Action Plan The proposed 2005-2006 One Year Action Plan was available for public comment from March 12 to April 12, 2005. Copies were made available at the Economic and Community Development Office at City hall as well as South San Francisco libraries. A notice of the Plan Availability was published in the San Mateo Times on March 12, 2005. Public Hearing to Adopt the 2005-2006 One Year Action Plan On April 13, 2005, the City will hold a public hearing to adopt the 2005-2006 One Year Action Plan. A public notice for the hearing was printed as a display advertisement in the San Mateo County Times 14 days before the hearing on April 2, 2005. Notice of the hearing was mailed to all community agencies on the Housing and Community Development mailing list. C. Adoption of Annual Action Plan Copies of the Annual Action Plan and a summary of the Plan were made available to the public for free and within two days of a request. In addition, copies will be available at the economic and Community Development Office at City hall as well as South San Francisco libraries. XII. Citizen Comments Twelve nonprofit organizations attended the City's public needs assessment hearing. The agencies expressed the need to maintain funding for their programs as funds from many other sources are declining. They also expressed appreciation to the City for funding their programs. Consideration of Public Comments: The City considers all public comments in establishing its One Year Action Plan for 2005-2006. The issue all of the agencies brought up throughout the public comment process was their need for more funding to be available to provide public services. The will continue to provide funding as allowed by CDBG regulations. Unfortunately, the City cannot meet the agencies' needs beyond this because it is required by federal law to only use 15% of its CDBG entitlement for public services, and funding from other sources is not available. 2005-2006 One Year Action Plan Page 16 of 16 0-00023 DATE: April 13, 2005 TO: Honorable Mayor and City Council FROM: Marty Van Duyn, Assistant City Manager SUBJECT: APPEAL OF PLANNING COMMISSION REVOCATION OF USE PERMIT # UP-96-090 REGARDING CHRISTY'S BAR & GRILL AT 309 AmPORT BOULEVARD RECOMMENDATION It is recommended that the City Council uphold the Planning Commission decision to revoke Use Permit 96-090 allowing karaoke and live music until 1AM at an existing cocktail lounge as reflected in the f'mdings of denial. This revocation is based on numerous Police Department investigations of violations of the Use Permit as listed below, as well as general disregard for the conditions as stated on said Use Permit. BACKGROUND / DISCUSSION: At the applicant's request, the City Council has continued the matter on two previous occasions - City Council meetings of March 9, 2005 and March 23, 2005. The applicant requested the continuances due to a personal matter and to confer with his legal representative. On February 3, 2005 the Planning Commission moved to revoke the applicant's Use Permit, which allowed them to have karaoke (audience participation sing-along) and live music with limited dancing until 1 AM. Findings of Denial, based on evidence in the record, are attached to this report. Christy's Bar & Grille is located at 309 Airport Boulevard between Grand Avenue and Fourth Lane. In October of 1996, the property owner obtained Use Permit 96-060 to expand business activities to include karaoke, only after the Police Department had received numerous complaints of unauthorized live music karaoke activities in September of 1996. The abridged and pertinent portions of the Christy's Use Permit #UP96-090 are listed below in italics: Noise Concerns a. This application was brought to the attention of the Planning Commission as a result of noise complaints reported to the Police Department stemming from unauthorized live music and karaoke activities during the month of September. The Police Department Staff Report Subject: Appeal of Use Permit Revocation Page 2 of 6 has concerns that these noise complaints will continue and increase without mitigation; therefore Prior to commencing any live music or karaoke use on site, the applicant shall hire a professional acoustical or noise consultant to conduct a study and do test readings to determine if the proposed use will be within acceptable limits of the city's noise ordinance, Chapter 8.32, for areas above and adjacent to the proposed use. Use Conditions a. The only forms of entertainment allowed are karaoke (audience participation sing along) and live music with limited dancing. No other form of entertainment is allowed without modification of their use permit. The applicant shall apply for a dance premise business license and shall comply with Chapter 6.48 of the municipal code regulating dance premises and rental halls. This chapter also authorizes the Police Department to revoke or suspend the dance premise license without public hearing should negative activity on site constitute a public nuisance. The premise business site clearance shall be completely approved prior to any dance activity or entertainment occurring on site. The Police Chief may immediately suspend the operation of this business pending a hearing on the revocation of this Use Permit, if the Chief finds that there are violations of the Use Permit conditions and/or the ABC license, or that there is a single significant violent crime or single significant incident warranting multiple police units or multiple police jurisdiction response with the operation of this use, which he determines is detrimental to public health or safety. After the Planning Commission granted the Use Permit pursuant to the aforementioned specified conditions placed on the business, several issues have arisen and been discovered by the Police Department since November of 2003. On November 11, 2003, the Police Department investigated an Assault with a Deadly Weapon that occurred at Christy's Bar and Grille, located at 309 Airport Boulevard (SSF Police Case Report #03-11-30-006). In December of 2003, then-Planning Sgt. Jim Thane met with the owners of Christie's in response to multiple public safety concerns. In his letter to the owners dated December 8, 2003, then Sgt. Thane, addressed specific concerns raised as to "noise regulation compliance, non-approved uses, and an assault with a deadly weapon." Sgt. Thane held several conversations with the owners, Evelyn Kuo and Kent Sato, and clarified specific issues of concern as to their Use Permit #UP-96-090, as approved by the Planning Commission on October 17, 1996. Staff Report Subject: Appeal of Use Permit Revocation Page 3 of 6 As a result of those conversations, the owners indicated a complete understanding of their Use Permit conditions, and assured Sgt. Thane that they would comply. At this time, the owners of Christy's were advised that the Assault with a Deadly Weapon incident qualified as the "single significant violent crime," and subsequent incidents could lead to action against their business. In December of 2003, Chfisty's Bar commissioned Nigel Breitz Acoustics to perform an acoustical study. On December 12, 2003, Nigel Breitz Acoustics sent a letter to Mr. Sato stating that a study had been conducted. · The Planning Division rejected that acoustical study as inadequate. As such, Christy's was not approved for karaoke or live music at that time. In early February of 2004, the Police Department learned that Christie's had booked an event for February 28, 2004. This event was slated to begin at 1 PM and end at 1 AM with an expected 100+ people in attendance. At the time of this discovery, no Dance Hall Permit application had been filed with the Community Relations Sergeant, in violation of Section 2b of their Use Permit. On February 13, 2004, Nigel Breitz Acoustics sent Mr. Sato another letter memorializing sound measurements taken at that site. The Planning Division was in the process of reviewing that document, such that the karaoke, live music and limited dancing uses had not been approved as yet. · OnFebruary 17, 2004, Sgt. Normandy met with Mr. Sato and advised him that this event was illegal without frrst applying for a Dance Hall Permit. · Mr. Sato contacted Police-Community Relations and applied for permit, after the event had been advertised to the public at large via radio. On February 19, 2004 it was determined that the number of invitees per the application, was in direct violation of the maximum occupancy of the State Fire Code, which limited Chfistie's to 50 people on site, to include employees. As a result, no permit was issued and the event was cancelled. There is little doubt that without the early intervention of the Police Department, this potentially hazardous event would have taken place. · On March 29, 2004, Lt. Jim Thane noted that Christy's had erected signage that indicated "Karaoke every Friday and Saturday." · Lt. Thane had prior knowledge that the Planning Division had not yet approved this use. To prevent further violations, the Police Department initiated contact with the owners, who promised to remove the signs until approval was obtained. Mr. Kent Sato said he would remove the signs, as the Karaoke use was not officially permitted at that time. Mr. Sato promised to remove the signs by March 30, 2004, but failed to do so. Staff Report Subject: Appeal of Use Permit Revocation Page 4 of 6 · About a week later, in April of 2004, Christy's Bar was approved for karaoke activities. On September 25, 2004, Police Department personnel discovered that Christy's had hired a Disc Jockey known as "Club 650." Christy's Use Permit does not allow amplified or live entertainment - only "karaoke (audienceparticipation sing along) and live music with limited dancing." Further, Christy's had requested a $5.00 cover charge for all patrons. Police on scene also noted large crowds forming on the sidewalk, creating issues with ingress and egress. Additionally, the establishment was not closed at 2:00 am, as required by their ABC license. On September 27, 2004, Sgt. Normandy spoke with Mr. Sato. Sgt. Normandy advised him that the cover charge moved them into a "concert" or "night club" venue, which was not an approved use. Sgt. Normandy advised him that he was rated for karaoke use, live (non-amplified) music and limited dancing only. Sgt. Normandy advised Mr. Sato that a Disc Jockey without dancing did not fit the definition of their approved use. Sgt. Normandy advised Mr. Sato that the bar doors must be closed at 2 a.m., as failure to do so was a violation of both their ABC license and their Use Permit. · Mr. Sato promised to stop these activities and to comply immediately. One week later, on October 2, 2004, the Police Department responded to a complaint of an illegal rap contest. A citizen reported a large group of people "hanging outside of Christie's Bar and loitering." Approximately 20 persons were again blocking the sidewalk. Officers attending to this disturbance noted the distinct odor of marijuana throughout the establishment, and patrons were subjected to a $10 cover charge. Det. Gil was aware of the previous week's incident, and contacted Mr. Sato, who was on site. Mr. Sato closed the event immediately. Five police units responded to disperse the crowd, and photographs were taken. Det. Gil had another conversation with Mr. Sato about the Use Permit concerns. Again, no dancing was noted. Section 2c of their Use Permit states: "The Police Chief may immediately suspend the operation of this business pending a hearing on the revocation of this Use Permit, if the Chief finds that there are violations of the use permit conditions and/or ABC license, or there is a single significant violent crime or single significant incident warranting multiple police units or multiple police ]urisdiction response with the operation of this use, which he determines is detrimental to public health or safety." The October 2, 2004 incident alone qualifies as such a violation. · On October 4, 2004, Sgt. Normandy received a phone call from Kent Sato. He said that he was "confused" about the Use Permit issues. Mr. Sato said he called ABC to determine if a cover Staff Report Subject: Appeal of Use Permit Revocation Page 5 of 6 charge was a violation of his ABC license. He acknowledged that he did not contact me to seek clarification. He admitted that he knew that these activities had a direct impact on his Use Permit. Mr. Sato said that he would apply for a new Use Permit via the Planning Division, and would cease further activities until approval was obtained. Mr. Sato stated that he was confused as to the meaning of"live music with limited dancing." Mr. Sato said he believed it meant the same as "live entertainment." Mr. Sato also admitted that he did not seek clarification from the Planning Division or the Police Department, or refer to the Use Perm/t, before proceeding with such unapproved activities. PLANNING COMMISSION At the Planning Commission meeting of January 20, 2005, the Commissioners reviewed the matter, allowing a staff report presentation, and taking public testimony fi.om Mr. Sato (the applicant) and Morris Irving. Mr. Sato provided a copy ora letter responding to the Police Department concerns. Mr. Irving, a resident living above Christy's Bar and Grill, spoke in support of continuing the karaoke and live entertainment indicating that the associated noise was not a concern to him. The Planning Commissioners expressed concern regarding the type and number of reported incidents cited by Sgt. Normandy and that the applicant was operating in violation of the Use Permit conditions of approval. The Commissioners opined that while they were not supportive of businesses that repeatedly violated Use Permit conditions, they were willing to allow the applicant to reapply in the future for the same or similar business features (karaoke, live entertainment and extended hours beyond 12 AM). The Planning Commission on a unanimous voice vote continued the matter to the Commission meeting of February 3, 2005 in order that City staff could prepare Findings to Revoke the Use Permit allowing karaoke, live entertainment and extended hours beyond 12 AM. At the Planning Commission meeting of February 3, 2005, the Commissioners by a unanimous vote Adopted the Findings and Revoked the Use Permit. CONCLUSION The Police Department's investigations reveal several violations of conditions of the Use Permit #96-060, and sufficient grounds exist to substantiate a revocation. Therefore, staff recommends that the City Council uphold the decision of the Planning Commission and revoke the Use Permit #LIP 96-090 allowing karaoke and live entertainment until 1 AM. By: Marry Van Duyn Assistant City Manage, r,/ B'hrry Sagel~ City Manage¥. Staff Report Subject: Appeal of Use Permit Revocation Page 6 of 6 Attachments: Planning Commission Findings of Denial Appeal Letters Applicant's January 2005 Letter (Referenced in the PC Minutes) City Council Staff Report March 23, 2005 Planning Commission Meeting Minutes January 20, 2005 February 3, 2005 Staff Reports January 20, 2005 February 3, 2005 FINDINGS IN SUPPORT OF REVOCATION OF CONDITIONAL USE PERMIT UP 96-090 Chrisfie's Bar and Grill (As Approved by the Planning Commission on February 3, 2005) As requ/.red by the "Revocation and Modification of Permits" procedures (SSFMC Section 20.91.030), the following findings are made in support of the revocation of Use Permit 96-090, allowing karaoke and live music until lam at an existing cocktail lounge, based on public testimony and the materials submitted to the City of South San Francisco Planning Commission which include, but are not limited to: Memorandum to the Planning Department fi.om Sergeant Alan Normandy dated October 5th, 2004; Planning Commission staff report, dated January 20, 2005; and Planrfing Commission meeting of January 20, 2005: o Section 20.91.020C0) of the South San Francisco Municipal Code provides that a violation of one or more of the conditions of approval of a Use Permit may constitute grounds for revocation of a Use Permit. Use Permit 96-090 included a requirement that the applicant hire a professional acoustical or noise consultant to conduct a study and test readings to determine if the proposed use would be within acceptable noise limits. In December of 2003, the owner commissioned Nigel Breitz Acoustics to perform this study, and submitted the results to the Planning Department, but the Planning Department rejected that study as inadequate. Christies subsequently booked an event for February 28, 2004, without obtaining a Dance Hall Business License as required by section 2Co) of their Use Permit. In December of 2003, then-Planning Sergeant Jim Thane met with Christie's owners Kent Sato and Evelyn Kuo in response to multiple public safety concerns. In discussions with the owners, then- Sergeant Thane identified specific issues of concern as to the owners' Use Permit, inclucting a clarification of allowable types of live music as provided for in the original Conditions of Approval and associated staffreport, which contemplated that music would be limited to karaoke and live music played by no more than three un-amplified musicians. On September 25, 2004, Police Department personnel discovered that Christie's had hired a disc jockey known as "Club 650." The Conditions of Approval provide that the only forms of entertainment allowed are karaoke (audience participation sing along) and live music with limited dancing. As had akeady been explained to Mr. Sato in the above-reference discussion with then- Sergeant Thane, Condition of Approval 2(a) does not allow for the playback of amplified recorded music. On September 27, 2004, Sergeant Al Normandy spoke with Mr. Sato to clarify further the scope of the Use Permit as originally issued. Sergeant Normandy again explained that the original staff report accompanying the Conditions of Approval anticipated that the "live music with limited dancing" referenced as a Condition of Approval would mean live and un-amplified acoustic music limited to an ensemble size of a tho or smaller. Mr. Sato indicated a full understanding of the Use Permit conditions, and indicated that he would comply with the conditions as Sergeant Normandy had explained them. -1- FINDINGS IN SUPPORT OF REVOCATION OF CONDITIONAL USE PERMIT UP 96-090 Page 2 of 3 o Section 2(c) of the conditions of approval provide that the Chief of Police may immediately suspend the operation of the business if the he or she finds that there are violations of the Use Permit or ABC license, or if there is a single significant violent crime, or a single significant incident warranting multiple police units or multiple police jurisdiction response with the operation of this use, which he or she determines is detrimental to public health or safety. o On November 11, 2003, the Police Department investigated an Assault with a Deadly Weapon that occurred at Christies Bar and Grill (SSF Police Case Report #03-11-30-006). South San Francisco Police Sergeant Thane was dispatched to Christie's Bar, where witnesses reported a large fight among patrons. One victim was hit in the head w/th a pool stick. In later conversations with the owner, Sergeant Thane advised Mr. Sato that this incident would qualify as the type of"single significant incident" contemplated in the above-referenced condition of approval. o On October 2nd, 2004, the Police Department responded to reports of a "rap contest" at Christie's Bar and Grille. A citizen reported a large group of people loitering outside of the establishment. Officers were dispatched to the scene, and five separate police units responded to the disturbance. Officers responding to the scene reported smelling the distinct odor of burnt marijuana, and reported that the large group of patrons assembling outside of Ire Bar obstructed the sidewalk. The rap' contest exceeded the scope of permissible "live music" as this term had been clearly explained to Mr. Sato during previous discussions with police personnel. Section 20.91.020(b) of the South San Francisco Municipal Code provides that a use permit may be revoked upon a finding that the manner in which the use is conducted is detrimental to the public health or safety. 10. The repeated disturbances to the peace and significant incidents warranting multiple unit police response are detrimental to public health and safety. The first incident,, from November 11, 2003, resulted in a ½ inch laceration along the left eyebrow of a bar patron. Thus, the conduct of the business has resulted in at least one reported injury. Additionally, officers responding to citizen reports at Chrisfies's have reported the presence on the premises of the distinct odor of burnt marijuana, a restricted dangerous drug classified in Schedule 1 of the California Health and Safety Code and possession of which is illegal under California Health and Safety Code section 11357. 11. A compelling public necessity warranting the revocation of a use permit for an otherwise lawful business may exist where the conduct of the business constitutes a nuisance. South San Francisco Mun/cipal Code section 8.54.070(k)(1) provides that any use of property which gives rise to a reasonable determination that said use represents some threat to the health and welfare of the public by virtue of its unsafe, dangerous or hazardous nature is a nuisance. 12. Condition 2(d) of the Conditions of Approval requires the owner to be responsible for controlling behav/or inside and outside the business. Despite several requests from the Police Department, the -2- FINDINGS IN SUPPORT OF REVOCATION OF CONDITIONAL USE PERMIT UP 96-090 Page 3 of 3 owner has been unable to control the unruly and unlawful conduct o£patrons visiting Iris establishment.' This failure to control the conduct of patrons inside and outside of the establishment has resulted in injuries to patrons. Additionally, the Planning Commission expects that recipients of Conditional Use Permits will understand the parameters and conditions imposed under their permits. The owner has repeatedly demonstrated a failure to understand and comply with both the letter and spirit of several Conditions of Approval of the Use Permit, including the limitation of live entertainment to karaoke and live music with limited dancing, and the requirement to monitor admission to the building and occupancy load imposed by Condition of Approval 2(f). 13. The repeated occurrence of disturbances of the peace requiring multiple officer response and resulting in injuries to Christy's patrons and staff constitute a threat to the health and welfare of the public. The repeated disturbances and need for police intervention render the operation of Christy's Bar and Grill a nuisance. 14. Therefore, based on all the evidence in the record, including but not limited to the testimony received at the duly noticed Planing Commission public hearing on January 20, 2005, the Planning Commission hereby finds that the owner has violated conditions of approval of UP 96-090 and that the continued operation of karaoke and live music at this site is detrimental to the public safety as support for the revocation of Use Permit 96-090. -3- ! March 8, 2005 Honorable Mayor and City Council Members City of South San Frm~cisco P.O~ Box 711 South San Francisco, CA 94083 Dear Mayor and Council Members: I am respectfully requesting that the public hearing for Christy's Bar be postponed to the next regul~ meeting of the City Council. Services for a good friend who passed away are being held tomorrow evening'and my attorney is also unavailable tomorrow evening. His presence is important for this issue. Your consideration is appreciated. Sincerely,/'" '~ ~? ! -5- Christy's Bar & Grill 309 Airport BlVd. SSF, CA 94080 To: Steve Carlson Planning & Commission of SSF, CA 94080 We at Christy's Bar & Grill have been using a usage permit for karaoke & live entertainment for the year 2001, and we would like to request to continue the usage of the permit for karaoke & live entertainment for the year 2002. Sincerely, Proprietor of Christy's Bar & Grill Thank you for your time. -6- January 27, 2005 To ~ From: Members of the South San Francisco Planning Commission, Council Members, and Chief of Police Kent Sato & Cristy's Bar & Grill I would like to apologize for any confusion or misunderstanding there may have been in connection with our entertainment usage permit. I was getting conflicting information from three different governing agencies. We, in no way intentiOnally wanted to overstep any restrictions in accordance with our conditions connected with our use permit. If we are fortunate enough that you grant us permission to continue the use of our existing entertainment permit, I would be more than enthusiastic to work with all governing agencies concerned, even if you require a period of some type of monitOring or some' type of revision of .our existing entertain- ment usage permit. We want to strive to be a small business which would be an asset to the city of South San Francisco. 'Thanks again for your time and consideration. 'Sincerely, Kent Sato 'Cristy.'s Bar & Grill Planning Commission Meeting of,~anuary 20, 2005 I~lotion Sim ! Second Zemke to approve the Consent Calendar. PUBLIC HEARING Christy's Bar & Grill Christina Lee, applicant Satya Narayan, owner 309 Airport Boulevard UP-96-090 Continued to February 3, 2005 Evidentiary Hearing to revoke Use Permit allowing karaoke and live music until 1AM at an existing cocktail lounge in the Downtown Commercial (D-C) Zone in accordance with SSFMC Sections 20.26.060(a), 20.26.030(c) and Chapter 20.91. Sergeant Normandy read the Staff Report. Ken Sato, representing his wife - owner of Christy's Bar & Grill, responded to the comments listed in the Staff Report. · Assault with a deadly weapon: That is an unfortunate situation which they do not want to occur. They have had the bar since 200:1 and have not had any problems since then. They did have a party that evening and there was one person, and later found out it was a member of the Cypress gang, who has been in trouble before. This was his first time there. He struck a guest from out of town that was visiting the bar. The Police Department and Paramedics went to the bar. He found out who this individual was and the person can no longer enter the bar nor their friends. They do not want any trouble at their bar. They try to comply with all the requested requirements. When they got the bar the entertainment license or permit was grandfathered in. He was not aware of any acoustical testing that should have been done. This was only brought up after the assault incident in 2003. He noted that they did the acoustical testing without first checking if the acoustical test had been done. He noted that the Planning Division lost the records for the permit issued in :1996. the first acoustical study was not acceptable and was told that modifications were necessary to comply. They had another acoustical study done and it was approved. · Party in excess of :100 persons: He noted that the event was for February 28, 2004. The customer had planned a welcome home party for her daughter, a Daly City Police Officer, returning from military duty from Iraq. They were informed that it would be 30-40 people. They did not do any of the advertising. The client did it herself and that is when Sergeant Normandy came to us. He told us about the dance hall permit and that they would be exceeding the 50 persons max capacity. They informed the person in charge of the party that they would need to apply for a permit if they wanted to have the party. They did apply and it was not approved. · Karaoke sign: The sign was up since 2002 and was not recently erected. It was put up by the previous karaoke operator a couple of years before. He had forgotten the sign was up and when Lieutenant Thane informed Sergeant Normandy, he was contacted and told to take the sign down which he did do. He does not know who drove by and said the sign was not taken down but the sign was removed at 4:00 p.m. that day. · September 25th large crowd in the front of the bar: There were 1- or :15 people outside that were smoking. He instructed the customers to smoke out on side patio so as not to impede the sidewalk per the Police Department's request and they continue to instruct their customers this way. · Cover Charge: He was not aware at the time of the cover charge restrictions. He noted that they were closed by 2:00 a.m. The only people left in the bar were those cleaning up and moving out the equipment. They close at 2:00 a.m. and on Thursdays and Fridays they close at 1:30 a.m. · October 2 incident: The people wanting to throw the activity had lead them to believe that it would be a karaoke contest. As the evening progressed he realized it was not true and that it was not something his family wished to entertain. He immediately shut the party down. This is when the officers came to the bar and helped them disperse everyone. The marijuana smoke may have been one of the reasons the party was shut down. They do not want to have any large events where they are required to have a dance hall permit, or will draw potential problems. He noted that they don't need these problems and neither does the City. They wish to keep their permit so they may entertain small birthday parties once or twice a month, and continue to provide some musical activities for the customers from the biotech industry. They like to come in on Thursday or Friday Planning Commission Meeting of.lanuary 20, 2005 afternoon and sing until about 10 p.m. There was confusion on asking Sergeant Normandy on the cover charge. He added they do have a customer, Leo Padreddi, who has given them advice. They do not mean to disobey or disrespect any of the regulations that the Use Permit has. Public Hearing opened. Mr. Sato showed the Commission a letter sent to Senior Planner Carlson and a copy of the permit number and description assigned by the Planning Division. Morris Irving spoke in favor of Christy's bar. He noted that he lives at the site and has not had a problem with the noise in the one year he has lived there. He added that the freeway and the trucks going by cause more noise than the music from the bar. He pointed out that Police Department has probably had to respond to the tenants' homes for violence rather than to the bar for noise. Assistant City Attorney Spoerl asked that the Commission continue action on the item to allow him to revise the Findings of Denial and include the testimony received at the meeting. Senior Assistant City Attorney Johnson added that it is appropriate for the Commission to discuss their feelings on the matter for incorporation in the Findings of Denial. Public Hearing closed. Commissioner Honan noted that she encourages small businesses in the City but if a business owner wants to run a business, they must understand what the Use Permit entails. She stated that if the owner of the bar wishes to operate a business in the City of South San Francisco they must understand the Use Permit requirements. She noted that the applicant stated he did understand the Use Permit when he does not. She further noted that when an applicant ties the Commission's hands it is difficult to have them keep their business and or use permit. Vice Chairperson Teglia asked staff to verify that the revocation of the Use Permit would not shut down the bar but only eliminate the karaoke and live music. Chief Planner Sparks replied that this was correct. Vice Chairperson Teglia noted that under the circumstances it is difficult for the applicant to operate under the Use Permit. He asked if the Permit was revoked would the applicant does an opportunity in the future to reapply for this permit again? Chief Planner Sparks noted that this was not a revocation with prejudice and the applicant could apply for a Use Permit in the future. Motion Sim / Second Giusti to continue Evidentiary Hearing to revoke Use Permit UP96-090 to February 3, 2005 to allow the City Attorney's office to revise the Findings of Denial. Approved by unanimous voice vote. Silvestri Family/Owner and Applicant 151 So. Linden Ave, P04-0138:UP04-0037 & DR04-0080 Use Permit allowing outside storage racks for concrete garden vases and ornaments with a maximum height of 12 feet and a 12 foot tall fence along South Linden Avenue, Cultural Arts In-lieu Fee Contribution allowing a landscape area of 2,412 square feet instead of the required minimum of 4,356 square feet and Design Review of outside storage racks for concrete garden vases and ornaments, a 12 foot tall fence, revised parking areas and landscaping at 151 South Linden Avenue in the Industrial Zone District (M-I) in accordance with SSFMC Chapters 20.30 and 20.101. Senior Planner Carlson presented the staff report. Bill Mahar, Architect, noted that they are replacing a fire damaged building. He asked the Commission to consider vertical landscaping along the property to be counted towards the Cultural Arts Tn-Lieu fee and lower their contribution. Public Hearing opened. Planning Commission Meeting of February 3, 2005 Chairperson Teglia and noted that it will be a pleasure serving on the Commission. Recess called at 7:4:3. Recalled to order at 7:56 p.m. AGENDA REVZEW No Changes ORAL COMMUNZCATTONS None CONSENT CALENDAR Approval of regular meeting minutes of 3anuary 6, 2005. Britannia Oyster Point I! Slough BTC, LLC/Owner Jon Bergsch neider/Applicant 333 Oyster Point Blvd. P03-0138: UP03-0027, EZR03-000z, TDM03-000z & DA04-000z Continued to February 17, 2005 Use Permit and Preliminary TDM Plan to construct a three-building R&D complex on an 8.84-acre site along the northerly side of Oyster Point Boulevard, north of the Eccles Avenue. The project consists of three buildings totaling 315,444 sq. ft.; parking is provided at a ratio of 2.8 spaces per 1,000 sq. ft. through a combination of surface parking and a 6-level parking garage. Draft Environmental Tmpact Report EIR03-0001 Development Agreement DA04-0001 Christy's Bar & Grill Christina Lee, applicant Satya Narayan, owner 309 Airport Boulevard UP-96-090 Findings of Denial Adopted Evidentiary Hearing to revoke Use Permit UP-96-090 for an existing cocktail lounge with live entertainment in the Downtown Commercial Zone District (D-C-L), in accordance with SSFMC Section 20.91.030. (Continued from January 20, 2005 for review and approval of findings in support of revocation.) Commissioner Prouty noted that he had reviewed the information pertaining to the projects, Motion Zemke / Second Sim to approve the Consent Calendar with Commissioner Giusti abstaining from approving the minutes of 3anuary 6, 2005. Approved by unanimous voice vote. PUBLTC HEARING Britannia East Grand Master Plan Development Agreement Britannia East Grand Cherokee San Francisco LLC-owner Slough Estates-applicant 450 East Grand Ave.-Easterly terminus of East Grand Avenue (former Fuller O'Brien site) Britannia East Grand Master Plan Development Agreement 1) Annual review of Development Agreement and 2) Proposed modifications to Development Agreement. Principal Planner Kalkin presented the staff report. DATE: March 23, 2005 TO: Honorable Mayor and City Council FROM: Marty Van Duyn, Assistant City Manager SUBJECT: APPEAL OF PLANNING COMMISSION REVOCATION OF USE PER_MIT # UP-96-090 REGARDING CHRISTY'S BAR & GRILL AT 309 AIRPORT BOULEVARD RECOMMENDATION It is recommended that the City Council grant the applicant's request to continue the matter to the City Council meeting of April 13, 2005. BACKGROUND / DISCUSSION: At the applicant's request the matter was continued from the City Council meeting of March 9, 2005 until the Council's meeting of March 23, 2005. The applicant requests that the City Council continue the matter until the next regularly scheduled Council meeting on April 13, 2005 in order that the applicant may confer with his legal representative. City staff including the Police Department does not have a concern with the apphcant's request. CONCLUSION The City Council should continue the matter to the meeting of April 13, 2005. By: y. <m ~ . , ;~ · City Managerk..._ -11- Planning Commission Staff Report DATE: January 20, 2004 TO: Planning Commission FROM: Sgt. Alan Normandy, Police Planning Liasion SUBJECT: Revocation of Use Permit allowing karaoke and live music until 1AM at an existing cocktail lounge in the Downtown Commercial (D-C) Zone in accordance with SSFMC Sections 20.26.060(a), 20.26.030(c) and Chapter 20.91. Owner: Golden Dragon 888 LLC Applicant: Evelyn Kuo and Kent Sato Site Address: 309 Airport Boulevard Case No.: UP 96-090 RECOMMENDATION It is recommended that the Planning Commission Revoke Use Permit 96-090 allowing karaoke and live music until 1AM at an existing cocktail lounge, subject to making the findings of denial. This revocation is based on numerous Police Department investigations of violations of the Use Permit as listed below, as well as general disregard for the conditions as stated on said Use Permit. BACKGROUND / DISCUSSION: Christie's Bar & Grille is located at 309 Airport Boulevard between Grand Avenue and Fourth Lane. In October of 1996, the property owner obtained Use Permit 96-060 to expand business activities to include karaoke, only after the Police Department had received numerous complaints of unauthorized live music karaoke activities in September of 1996. The abridged and pertinent portions of the Christy's Use Permit #UP96-090 are listed below in italics: Noise Concerns a. This application was brought to the attention of the Planning Commission as a result of noise complaints reported to the Police Department stemming from unauthorized live music and karaoke activities during the month of September. The Police Department has concerns that these noise complaints will continue and increase without mitigation; therefore Prior to commencing any live music or karaoke use on site, the applicant shall hire a professional acoustical or noise consultant to conduct a study and do test readings to determine if the proposed use will be within acceptable limits of the city's noise ordinance, Chapter 8.32, for areas above and adjacent to the proposed use. -12- Staff Report Subject: Chrisfie's Bar and Grill Date: January 20, 2005 Page 2 of 5 Use Conditions a. The only forms of entertainment allowed are karaoke (audience participation sing along) and live music with limited dancing. No other form of entertainment is allowed without modification of their use permit. The applicant shall apply for a dance premise business license and shall comply with Chapter 6.48 of the municipal code regulating dance premises and rental halls. This chapter also authorizes the Police Department to revoke or suspend the dance premise license without public hearing should negative activity on site constitute a public nuisance. The premise business site clearance shall be completely approved prior to any dance activity or entertainment occurring on site. The Police Chief may immediately suspend the operation of this business pending a hearing on the revocation of this Use Permit, if the Chief finds that there violations of the use permit conditions and/or ABC license, or there is a single significant violent crime or single significant incident warranting multiple police units or multiple police jurisdiction response with the operation of this use, which he determines is detrimental to public health of safety. After the Planning Commission granted the Use Permit pursuant to the aforementioned specified conditions placed on the business, several issues have arisen and discovered by the Police Department since November of 2003. On November 11, 2003, the Police Department investigated an Assault with a Deadly Weapon that occurred at Christie'S Bar and Grille, located at 309 Airport Boulevard (SSF Police Case Report #03-11-30-006). 2. In December of 2003, then-Planning Sgt. Jim Thane met with the owners of Christie's in response to multiple public safety concerns. o In his letter to the owners dated December 8, 2003, then-Sgt. Thane addressed specific concerns raised as to "noise regulation comphance, non-approved uses, and an assault with a deadly weapon." Sgt. Thane held several conversations with the owners, Evelyn KUO and Kent SATO, and clarified specific issues of concern as to their Use Perm/t #UP-96-090, as approved by the Planning Commission on October 17, 1996. As a result of those conversations, the owners indicated a complete understanding of their Use Permit conditions, and assured Sgt. Thane that they would comply. At this time, the owners of Christie's were advised that the Assault with a Deadly Weapon qualified as the "single significant violent crime," and subsequent incidents could lead to action against their business. -13- Staff Report Subject: Christie's Bar and Grill Date: January 20, 2005 Page 3 of 5 In December of 2003, Christie's Bar commissioned Nigel Breitz Acoustics to perform an acoustical study. On December 12, 2003, Nigel Breitz Acoustics sent a letter to Mr. SATO stating that a study had been conducted. The Planning Div/sion rejected that acoustical study as inadequate. As such, Christie's was not approved for karaoke or live music at that time. In early February of 2004, the Police Department learned that Christie's had booked an event for February 28, 2004. This event was slated to begin at 1 p.m. and end at 1 a.m, with an expected 100+ people in attendance. At the time of this discovery, no Dance Hall Permit application had been filed with the Community Relations Sergeant, in violation of Section 2b of their Use Permit. On February 13, 2004, Nigel Breitz Acoustics sent Mr. SATO another letter memoriahzing sound measurements taken at that site. The Planning Division was in the process of reviewing that document, such that the karaoke, live music and limited dancing uses had not been approved as yet. · On February 17, 2004, Sgt. Normandy with Mr. SATO and advised him that this event was illegal without first applying for a Dance Hall Permit. · Mr. SATO contacted Police-Community Relations and applied for permit, after the event had been advertised to the public at large via radio. On February 19, 2004 it was determined that the number of invitees per the application, was in direct violation of the maximum occupancy of the State Fire Code, which limited Christie's to 50 people on site, to include employees. As a result, no permit was issued and the event was cancelled. There is little doubt that without the early intervention of the Police Department, this potentially hazardous event would have taken place. · On March 29, 2004, Lt. Jim Thane noted that Christie's had erected signage that indicated "Karaoke every Friday and Saturday." · Lt. Thane had prior knowledge that the Planning Division had not yet approved this use. To prevent further violations, the Police Department initiated contact with the owners, who promised to remove the signs until approval was obtained. Mr. SATO said he would remove the signs, as the Karaoke use was not officially permitted at that time. Mr. SATO promised to remove the signs by March 30, 2004, but fa/led to do so. · About a week later, in April of 2004, Christie's Bar was approved for karaoke activities. On September 25, 2004, Police Department personnel discovered that Cb.ristie's had hired a Disc Jockey known as "Club 650." Christie's Use I_ 14'- does not allow amplified or live entertainment - only "karaoke (audience participation sing atong) and live music with limited dancing." StaffReport Subject: Christie's Bar and Grill Date: January 20, 2005 Page 4 of 5 Further, Christie's had requested a $5.00 cover charge for all patrons. Police on scene also noted large crowds forming on the sidewalk, creating issues with ingress and egress. Additionally, the establishment was not closed at 2:00 am, as required by their ABC license. On September 27, 2004, Sgt. Normandy spoke with Mr. SATO. Sgt. Normandy advised him that the cover charge moved them into a "concert" or "night club" venue, which was not an approved use. Sgt. Normandy advised him that he was rated for karaoke use, live (non-amplified) music and limited dancing only. Sgt. Normandy advised Mr. SATO that a Disc Jockey without dancing did not fit the definition of their approved use. Sgt. Normandy advised Mr. SATO that the bar doors must be closed at 2 a.m., as failure to do so was a violation of both their ABC license and their Use Permit. · Mr. SATO promised to stop these activities and to comply immediately. One week later, on October 2, 2004, the Police Department responded to a complaint of an illegal rap contest. A citizen reported a large group of people "hanging outside of Christie's Bar and loitering." Approximately 20 persons were again blocking the sidewalk. Officers attending to this disturbance noted the distinct odor of marijuana throughout the establishment, and patrons were subjected to a $10 cover charge. Det. Gil was aware of the previous week's incident, and contacted Mr. SATO, who was on site. Mr. SATO closed the event immediately. Five police units responded to disperse the crowd, and photographs were taken. Det. Gil had another conversation with Mr. SATO about the Use Permit concerns. Again, no dancing was noted. Section 2c of their Use Permit states: "The Police Chief may immediately suspend the operation of this business pending a hearing on the revocation of this Use Permit, if the Chief finds that there violations of the use permit conditions and/or ABC license, or there is a single significant violent crime or single significant incident warrantin? multiple police units or multiple police jurisdiction response with the operation of this use, which he determines is detrimental to public health of safety." The October 2nd incident alone qualifies as such a violation. On October 4, 2004, Sgt. Normandy received a phone call from Kent SATO. He said that he was "confused" about the Use Permit issues. SATO said he called ABC to determine if a cover charge was a violation of his ABC license. He acknowledged that he did not contact me to seek clarification. -15- StaffReport Subject: Chrisfie's Bar aud CnSll Date: January 20, 2005 Page 5 of 5 He admitted that he knew that these activities had a direct impact on his Use Permit. SATO said that he would apply for a new Use Permit via the Plann/ng Division, aud would cease further activities until approval was obtained. Mr. SATO stated that he was confused as to the meaning of"live music with limited dancing." Mr. SATO said he believed it meant the same as "live entertainment." Mr. SATO also admitted that he did NOT seek clarification from the Plauning Division or the Police Department, or refer to the Use Permit, before proceerting with such unapproved activities. CONCLUSION The Pohce Department's investigations reveal several violations of conditions of the Use Permit #96-060, and su~cient.grounds exist to substantiate a revocation. ~ Attachments: Findings of Denial -16- Planning Commission Staff Report DATE: February 3, 2005 TO: Pla~nlng Commission FROM: Steve Carlson, Senior Planner SUBJECT: Revocation of Use Permit allowing a karaoke'and live music until 1AM at an existing cockta/1 lounge in the Downtown Commercial CD-C) Zone in accordance with SSFMC Sections 20.26.060(a), 20.26.030(c) and Chapter 91. Owner: Golden Dragon 888 LLC Applicant: Evelyn Kuo and Kent Sato Site Address: 309 Airport Boulevard Case No. UP 96-090 RECOMMENDATION: That the Planning Commission Revoke Use Permit 96-090 allowing a karaoke and live music until 1AM at an existing cocktail lounge and adopt the Findings. BACKGROUND/DISCUSSION: The Planning Commission conducted a public hearing to consider the Revocation of the Use Permit at the Commission meeting of January 20, 2005. At the meeting the Commission took testimony from City staff and Kent Sato. The Planning Commissioners voiced additional concerns and directed City staff to revise the Findings. Staff has revised the Findings incorporating the Planning Commissioners comments. S~e Carlson, Senior Planner Attachments: Findings in Support of Revocation of Conditional Use Permit Planning Commission January 20, 2005 Draft Meeting Minutes StaffReport o£ January 20, 2005 -17- StaffReport Subject: Appeal of Use Permit Revocation Page 6 of 6 Attachments: Planning Commission Findings of Denial Appeal Letters Applicant's January 2005 Letter (Referenced in the PC Minutes) City Council StaffReport March 23, 2005 Planning Commission Meeting Minutes January 20, 2005 February 3, 2005 Staff Reports January 20, 2005 February 3, 2005 -18- AGENDA ITEM #11 DATE: TO: FROM: SUBJECT: April 13, 2005 Honorable Mayor and City Council Susan Kennedy, Assistant to the City Manager SOUTH SAN FRANCISCO'S PARTICIPATION IN LOCAL HAZARD MITIGATION PLANNING RECOMMENDATION It is recommended the City Council approve the direction of this project and submission of the necessary documents in draft form to ABAG and FEMA for comments and approval. A resolution will be brought before Council once FEMA approval has been received. BACKGROUND/DISCUS SION The federal government has passed legislation known as the Disaster Mitigation Act of 2000 (DMA 2000). This legislation requires all local governments to develop and adopt a disaster mitigation plan. ABAG applied for funding to prepare this plan on a regional level and has served as the lead agency in developing a template and a submission process. Each local agency has submitted a letter of intent to participate in this process, attended various workshops and meetings and have reviewed and commented on ABAG's efforts to date. Members of City Staffhave also met to review the various components of the Mitigation Plan. A FEMA requirement being met at this evenings meeting, is making a presentation at a public meeting that allows for questions and comments. Information will also be posted on the City's web page once the draft is submitted to ABAG and FEMA for comments. CONCLUSION Once completed, the Mitigation Plan will become a part of the City's Emergency Plan and will be reviewed and revised as appropriate every five years per the requirements of the Disaster Mitigation Act. Assistant to anager Attachment: Draft Plan klger~"~. Nagel City Manager DRAFT - Local Hazard Mitigation Plan ANNEX City of South San Francisco Introduction The City of South San Francisco is a moderately-sized city in San Mateo County, California. The City has a population of 60,592 people, based on the 2000 census1. Last year, the City's budget was $54,535,500. The City employs 430 people. The City provides police and fire services, including its own paramedic ambulance transport capabilities. - DRAFT The Planning P ocess This process of preparing this plan was familiar to the City of South San Francisco. In addition to the ongoing disaster planning the City performs in conjunction with the San Mateo County Office of Emergency Service, the City also has a Safety Element to its General Plan. This plan was last updated 1999 and includes a discussion of fire, earthquake, flooding, and landslide hazards. In addition, the City routinely enforces the requirements of the California Environmental Quality Act (CEQA) requirements (which, since 1988, have required mitigation for identified natural hazards). The City's effort has focused on building on these pre-existing programs and identifying gaps that may lead to disaster vulnerabilities in order to work on ways to address these risks through mitigation. Many of the activities conducted by the City were discussed during the planning process for the multi-jurisdictional plan. The City participated in various ABAG workshops and meetings throughout the development process. In addition, the City has provided written and oral comments on the multi-jurisdictional plan. Finally, the City provided information on facilities that are viewed as "critical" to ABAG. Key members of City Staff met to identify and prioritize mitigation strategies appropriate for the City. Staff involved in these meetings included the Chief Building Official, Assistant to the City Manager, Public Works Director, an Engineer, the Director of Housing, a Fire Battalion Chief and a Police Captain. At the fa'st meeting, the general priorities and appropriate City departments were identified. Subsequent meetings have addressed the programs already in place and new programs that may be appropriate to undertake in the future. City Staff presented information to the public and the City Council during a regularly scheduled meeting, on April 13, 2005. This meeting was also televised. The resolution adopting the plan and strategies will be on the City Council agenda as soon as comments are received from FEMA and finalized. The mitigation strategies will become an implementation appendix to this Safety Element. [Note- this paragraph wffi be changed after the resolution is actually adopted to indicate Council's approval.] ] For complete Census information on this city, see http://~.bayareacensus, ca. gov/. City of South San Francisco - Annex DRAFT 1 April 13, 2005 and Risk Assessment The City's hazards and risks are generally consistent with those identified in the ABAG multi- jurisdictional Local Hazard Mitigation Plan, to which this is an Annex, except as described below. While the City has undertaken a number of general hazard mapping activities since the first Safety Element was prepared by the City, all of these maps are less detailed and are not as current as those shown on the ABAG website at http://quake, abag. ca, gov/mitigation/. Information on disasters declared in San Mateo County is at http://quake, abag. c~[~,o~,/mitigation/disaster-history.html. Of the 19 disasters declared in San Mateo County from 1950-2000, thirteen were related to floods and/or winter storms. The City examined the hazard exposure of City urban land based on the information on ABAG's website at http://quake, abag. ca. gov/raitigation/pickdbh2.html. Of the 5,869 urban acres in the City, 256 acres are in the 100-year flood plain, while an additional 142 acres are in other flood-prone areas; nothing in South San Francisco is subject to dam inundation; · 144 acres are in areas of existing landslides; · 3244 acres are in areas of moderate, high, or very high liquefaction susceptibility; · 1685 acres are in the highest two categories of shaking potential, in large part because the San Andreas fault runs through the eastern portion of the City; · 137 acres are subject to high or very high, wildfire threat and no acreage in the extreme category. The City also examined the hazard exposure of infrastructure based on the information on ABAG's website at http:#quake~abag, ca. gov/mitigation/pickdbh2.htrnl. Of the 177 miles of roadway in the City, * six miles of roadway are in the 100-year flood plain, while an additional five miles are in other flood-prone areas; none of our roadways are in an area subject to dam inundation; · four miles of road are in areas of existing landslides; · 37 miles of roadway are in areas of moderate, high, or very high liquefaction susceptibility; · All 177 miles of roadway are in the highest two categories of shaking potential; · four miles of roadway are subject to high, very high, or extreme wildfire threat, and 79 miles of roadway are in wildland-urban interface threat areas. Finally, the City examined the hazard exposure of critical health care facilities, schools, and city- owned buildings based on the information on ABAG's website at http://quake, abag. ca. gov/mitigation/pickcrit.html. Of the critical facilities in the City, · while no critical health care facilities, or schools are in either the 100-year flood plain or in other flood-prone areas, eight city-owned facilities are located in this area; City of South San Francisco - Annex DRAFT 2 April 13, 200S · no critical health care facilities, schools, or city-owned facilities are in an area subject to dam inundation; · while no critical health care facilities or schools, are in areas of existing landslides, one city-owned facility is in this area; · while no critical health care facilities, or schools are in areas of moderate, high, or very high liquefaction susceptibility, 26 city-owned facilities are located in these areas; · one hospital, 17 schools, and 40 city-owned facilities are in the highest two categories of shaking potential; · eight schools and two city-owned facilities are located in wildland-urban interface threat areas. Based on the information on ABAG's website at http://quake, abag. ca. gov/mitigation/pickflood, html~ there are four properties with repetitive losses located in the City's flood-prone areas, totaling $572,883 in claims. Currently the City has been in partnership with the San Mateo County Flood Control District to improve Colma Creek and reduce flooding issues in these areas. FEMA is currently in the process of re-drawing the flood plain area and this section would be revised accordingly. The City plans to continue working with ABAG during 2005 to improve the risk assessment information being compiled by ABAG by providing information on unreinforcod masonry buildings and so~-story apartments located in the City we well as updating other information as appropriate. Mitigetion Activities end Priorities As a participant in the ABAG multi-jurisdictional planning process, City of South San Francisco staff helped in the development and review of the comprehensive list of mitigation strategies in the overall multi-jurisdictional plan. The list was discussed at a meeting of the Chief Building Official, Assistant to the City Manager, Public Works Director, an Engineer, the Director of Housing, a Fire Battalion Chief and a Police Captain on February 21, 2005. At the meeting, all of the mitigation strategies were reviewed. The tentative decisions on priorities were made based on a variety of criteria, not simply on an economic cost-benefit analysis. These criteria include being technically and administratively feasible, politically acceptable, socially appropriate, legal, economically sound, and not harmful to the environment or our heritage. Over time, we are committed to developing better hazard and risk information to use in making those trade-otis. We are not trying to create a disaster-proof region, but a disaster-resistant one. In addition, several of the Strategies are existing City programs. These draft priorities were submitted to the City Manager for review. An overview of draft priorities were then provided to the City Council on April 13, 2005 during a televised council meeting. Comments and questions were encouraged from the council and the public. The final strategies (as shown in the attached Table) will become an Implementation Appendix to the City's Safety Element. City of South San Francisco - Annex DRAFT 3 April 13, 2005 In addition, the City examined the hazard exposure information to City-owned critical facilities supplied by ABAG. Several projects have akeady been undertaken to address the issue of seismically unsafe buildings. City Hall, Grand Avenue library, the Water Quality Control Plant and Fire Station 62 have been retrofitted in the past several years and Central Fire Station will be replaced with a new facility in late 2005 via the renovation of the Black Mountain Water site at 480 North Canal.. The Plan Update Process The City of South San Francisco is committed to reviewing and updating this plan annex at least once every five years, as required by the Disaster Mitigation Act of 2000. The City Planning Director will contact ABAG four years after this plan is approved to ensure that ABAG plans to undertake the plan update process. If so, the City again plans to participate in the multi- jurisdictional plan. If ABAG is unwilling or unable to act as the lead agency in the multi- jurisdictional effort, other agencies will be contacted, including the County's Office of Emergency Services. Counties should then work together to identify another regional forum for developing a multi-jurisdictional plan. Annex-DMA 2000 project (F drive) DRAFT City of South San Francisco - Annex DRAFT 4 April 13, 2005 1GEND 4 ITEM #12 DATE: TO: FROM: SUBJECT: April 13, 2005 Honorable Mayor and City Council Susan Kennedy, Assistant to the City Manager RESOLUTION APPROVING PACWIC COAST FARMERS' MARKET ASSOCIATION (PCFMA) AS THE OPERATOR OF A CERTII:PlED FARMERS' MARKET IN ORANGE MEMORIAL PARK RECOMMENDATION It is recommended the City Council approve Pacific Coast Farmers' Market Association as the operator of a certified Farmers' Market in Orange Memorial Park from May through November and authorize the City Manager to execute an agreement and expend funds not to exceed $26,000 over the next three years to promote and revitalize the South San Francisco Farmers' Market. BACKGROUND/DISCUSSION The City of South San Francisco initiated the implementation of a Farmers' Market located in Orange Memorial Park in 2000 designating California Farmers' Market Association (CFMA) as the operator. While numerous residents and members of neighboring communities enjoyed and supported the market, oversight and vendor participation was sporadic. As a result, the City ended their relationship with CFMA and initiated a search for another operator to revitalize the market and continue to provide South San Francisco residents with quality certified products. Two parties expressed an interest in submitting proposals for consideration, Pacific Coast Farmers' Market Association (PCFMA) and Pumpkin Depot, who would be affiliated with the Italian American Citizen's Club. Proposals were submitted and reviewed by staff with the Farmers' Market sub- committee. PCFMA has been operating certified Farmer's Markets since 1988. In 2004 they operated 28 markets around the Bay Area and are recognized as one of the top Associations in the State of California. Pumpkin Depot is a certified grower and has operated its own pumpkin patch and Christmas tree lot for the past fifteen years. CONCLUSION Pacific Coast Farmers' Association has a long history with operating and producing certified Farmers' Markets. They are committed to working with the City to create a successful, viable event which will offer quality certified products and quality non-agricultural products within a family-oriented Staff Report Subject: (Pacific Coast Farmers' Market as operator of certified Farmers' Market) Page 2 environment. Given their strong presence and success in managing other markets in the Bay Area and San Mateo County, Staff recommends Council approve the attached resolution. Funding is available for the first payment of $12,000 in the 2004-05 budget. It is anticipated the Market's Opening Day will occur on May 14, 2005. By: Susan E. Kennedy Assistant to the City Manager ~q~-~ IV[. N age~ City Manager Attachments: Resolution Proposed Scope of Services PCFMA proposal RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING PACIFIC COAST FARMERS' MARKEq' ASSOCIATION AS THE OPERATOR OF A CERTIFIED FARMERS' MARKET IN ORANGE MEMORIAL PARKA_ND AUTHORIZING AN AGREEMENT IN AN AMOUNT NOT TO EXCEED $26,000 OVER THE NEXT THREE YFakKS TO PROMOTE AND OPERATE THE SOUTH SAN FRANCISCO FARMERS' MARKET WHEREAS, staff desires approval of Pacific Coast Farmers' Market Association as the operator of a certified Farmers' Market in Orange Memorial Park; and WHEREAS, City Council desires to enter into an agreement with the Pacific Coast Farmer's Market Association in an amount not to exceed $26,000 over the next three years to promote and operate the South San Francisco Farmers' Market; and WHEREAS, funding in the amount of $12,000 for the first payment is available from the 2004-05 Operation Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves Pacific Coast Farmers' Market Association as the operator ora certified Farmers' Market in Orange Memorial Park and authorizes an agreement in an amount not to exceed $26,000 over the next three years to promote and operate the South San Francisco Farmers' Market. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement on behalf of the City of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the __ day of ,2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: S:\CurrenI Reso'sgg-13-05farmem.markeLdoc ATTEST: City Clerk PROPOSED SCOPE OF SERVICES SOUTH SAN FRANCISCO FARMERS' MARKET The new umbrella organization would manage and operate a Certified Farmers' Market in South San Francisco. The management and operation would be in adherence with a General Plan once both parties to: Market Site The existing site for the market is Orange Memorial Park to the rear of the Recreation Building. Terms and conditions for use of the site will be created between the City and the umbrella organization. Organization and Strllcture Manaeement The umbrella organization specializes in quality grower recruitment, integrating local community/merchant programs and "market specific" marketing and promotion efforts. The primary target market is within a 3-5 mile radius of the Market Area. It will be necessary to develop and implement an action plan mutually beneficial to the South San Francisco Community and the Certified Farmer's Market. Market rules and regulations will need to be developed and modified to reflect the specific needs of the City of South San Francisco and the San Mateo County Environmental Health Department. Contact will be made with the necessary City, County and Local Government agencies to obtain the necessary permits and licenses. The County Agricultural Commissioner will be contacted as necessary. Grower Recruitment and Coordination The market should provide an array of high quality produce with emphasis on heirloom and specialty items not found in local stores. It is important the provider recruits, maintains and secures growers to yield a product mix and variety each market day to provide optimal grower supplies to satisfy market visitors. Operations and Manaaement The South San Francisco Certified Farmers' Market will take place each Saturday, 9:00 AM to 1:00 PM May through November with consideration given to operating on a year- round basis if both parties agree this is a viable option. The provider will obtain, maintain and supervise the management of the Certified Farmer's Market in a manner that will effectively assure safety and satisfaction of the market visitors. The provider will also assure adherence and enforcement of State and Local Agricultural and Health Regulations and all applicable state and local laws. Adherence to market rules and regulations, product quality, set-up and clean-up procedures is also expected. Market Day systems to be implemented include: Posting signage, and Information Booth, Customer Relations, Grower Placement, Traffic Flow within the market area itself and access to restroom facilities. The Provider is expected to secure liability insurance, which meets City requirements and lists the City of South San Francisco as additional insured. Promotion The marketing promotion, publicity and community outreach plan will be formed and executed in cooperation with the City of South San Francisco. Emphasis will be a "community oriented" marketing approach. Seasonal promotions and special events such as, Comparative Tastings, Cooking Demonstrations, Recipe Promotions, Merchant at the Market Program, Music, Face Painting etc. should be implemented in cooperation with other Community Services programs and activities held at the Market. General Information Insurance Coverage will include at a minimum, Commercial General Liability Coverage, Automobile Liability Coverage and Workers' Compensation insurance as required by the Labor Code of the State of California. Specific limits will be discussed during negotiations. Past markets have started the season with 25-27 growers and seven (7) non-agricultural providers. We would like to see a new market strive to meet or surpass this number. The inclusion of a seafood stall is highly desirable as well. March 31, 2005 Pacific Coast Farmers' Market Association A non-profit community services organization Susan Kennedy Office of the City Manager City of South San Francisco City Hall 400 Grand Avenue South San Francisco, CA 94080 Dear Ms. Kennedy: The Pacific Coast Farmers' Market Association is pleased to submit this proposal to operate the Certified Farmers' Market in the city of South San Francisco in 2005. We recognize that the city of South San Francisco and its residents are familiar with Certified Farmers' Markets and accustomed to having a farmers' market in the community. If PCFMA were chosen to operate the market in South San Francisco, it would not be our goal to attempt to negate the investment the city has already made in its market by making wholesale changes to the market' s operation, but instead to build upon those elements of the market's operation that have proven successful in order to help the market reach its full potential as a space for commerce, health information, community gathering and connections among neighbors. We propose to keep the market's current day and time of operation. We propose an operating season of May 14 through November 19, 2005. While the proposed season is shorter than last year's season by a few weeks, we feel this change is essential to providing sufficient preparation time before opening day and allowing the market to enjoy a big closing day that will leave consumers anxious to return to the market the following spring. We believe that the South San Francisco Certified Farmers' Market should be a reflection of its community - a vibrant marketplace that serves as a gathering place for all residents. The market should provide a source of fresh and nutritious food while supporting local businesses and civic organizations. PCFMA is the largest operator of Certified Farmers' Markets in California:~ and the second largest in the nation. PCFMA is also recognized as a leader in California's agricultural direct marketing industry. The organization's size and position in the industry make PCFMA well-qualified to take on the challenge of operating the South San Francisco Certified Farmers' Market and supporting it to become an integral pan of the local community. If selected to operate the South San Francisco Certified Farmers' Market, we pledge to contribute our 16 years of experience in establishing, operating and promoting Farmers' Markets to making the South San Francisco Certified Farmers' Market a success. If you have any questions about the Pacific Coast Farmers' Market Association or this proposal, please feel free to contact me at 925-825-9090. Thank you for your attention and consideration. oh~n~Silveira Director 5056 Commercial Circle, Suite E · Concord, CA 94520 Ph: 925-825-9090 · Fax: 925-825-9101 . . Pacific Coast Farmers' Market Association A Proposal to Operate the South San Francisco Certified Farmers' Market Goals: Through the implementation of this proposal, the Pacific Coast Farmers' Market Association seeks to accomplish five goals: To operate a Certified Farmers' Market in the City of South San Francisco in compliance with all state and local laws concerning direct agricultural marketing and the sale of fresh and processed food items. · To set up and maintain the Farmers' Market in a manner that complements and promotes the City of South San Francisco's community atmosphere and that enhances quality of life for local residents. · To provide a wide variety of California-grown, freshly-picked, seasonal fruits, vegetables, nuts, and greens - including a number of certified organic products - for local consumers. · To provide an economically viable marketplace for select California Agricultural Producers and other specialty food producers. ,:p~:e~.?~he C~ed Farmers ,M{~rket .m pr0¥~de a 9ommumty gathering space that ~s Suppomve of local ci'~%rgani'~ti6h:~i:'¢'~ :.~ ~ ..~ . Background on Certified Farmers' Markets in California: Your experience with the current Certified Farmers' Market in South San Francisco has undoubtedly exposed you to the complex regulatory environment in which these markets are established and operate. While the term "Farmers' Market" is widely used round the nation, Certified Fam~ers' Markets are unique to California. California law. allows direct sales by agricultural producers to consumers only at the point of production or at Certified Farmers' Markets. Since 1977, California law has required that each Farmers' Market be certified by the county agricultural commissioner in the county in which the market will operate. Only:nonProfit organizations suCh as PCFMA, local: governments, or certified producers:~ay oPerate a Certified Farmers' Market, :- Without the Certified Farmers' Markets, agricultural producers would only be able to sell their commodities at the point of production, effectively cutting off the producers of rural California from the consumers of urban California. PCFMA's Certified Farmers' Markets give California consumers in South San Francisco, San Jose, Vallejo, Oakland and other urban and suburban communities of the San Francisco Bay Area direct access to farm- fresh products from the very farmers who grew, nurtured and harvested the crops. There are currently over 400 Farmers' Markets in California, each a reflection of the community it serves. In addition to serving as sources of farm fresh fruits, vegetables, nuts, greens, herbs and berries, Farmers' Markets are often the town gathering place - a place to see old friends and meet new ones, an opportunity to speak directly to the people who grow our food, a chance to pick up the latest recipe, visit a nearby caf6 or stop by a local shop for a last-minute gift. Farmers' Markets also provide a place for community-oriented events such as harvest festivals, recipe contests and cook-offs. PCFMA only operates Certified Farmers' Markets. PCFMA' s Rules and Regulations for Farmers' Markets (see Attachment 1) were written to accommodate the California Agricultural Direct Marketing Statutes and the 5056 Commercial Circle, Suite E · Concord, CA 94520 Ph: 925-825-9090 · Fax: 925-825-9101 Pacific Coast Farmers' Market Association Proposal to Operate the South San Francisco Certified Farmers' Market Page 2 California Uniform Food and Facilities Law. These rules and regulations govern each of PCFMA's markets to ensure that every producer complies with state and local laws. Background on the Pacific Coast Farmers' Market Association The Pacific Coast Farmers' Market Association is a non-profit corporation dedicated to establishing and maintaining successful Certified Farmers' Markets around the Greater San Francisco Bay Area. PCFMA was founded in 1988 with the mission to establish and operate community-supported certified farmers' markets that provide: viable economic outlets for California farmers and food producers, local access to farm fresh products, support for local businesses, and education concerning food and sustainable agriculture. In 2004 PCFMA operated 28 Certified Farmers' Markets around the Bay Area, representing 32 market days weekly. (See Attachment 2.) These markets give farmers and other agricultural producers direct access to consumers; give consumers access to fresh, locally grown produce; and serve as sites for community gatherings. PCFMA plays an essential role in establishing and maintaining Certified Farmers' Markets. PCFMA coordinates with the California farmers who bring their products to market, the California Department of Food and Agriculture that enforces the Direct Marketing Statutes as set forth by the State Legislature, county Agricultural Commissioners who approve all Farmers' Market locations and certify California farmers, local county health departments at each market site, and the markets' sponsors. By acting as a liaison among all these actors, PCFMA is able to operate successful Certified Farmers' Markets. For the past three years, PCFMA has partnered with Kaiser Permanente to bring Certified Farmers' Markets to Kaiser facilities. Through this partnership PCFMA has been able to open additional outlets for California farmers, introduce the benefits of cating fresh and healthy to new audiences, and to draw upon Kaiser Permanente's extensive knowledge in health and nutrition to augment PCFMA's own nutrition education efforts. Kaiser Permanente has benefited by being able to offer its employees and members an additional benefit at low cost, by having a weekly forum in which they can teach members about nutrition and lifestyle choices, and by raising their profile in the community as a supporter of healthy activities. PCFMA current operates Certified Farmers' Markets at eight Kaiser Permanente facilities and is working to open markets at two to three additional Kaiser facilities in 2005, including a market on Tuesday or Wednesday morning atthe Kaiser Permanente Medical Center in South San Francisco at 1200 El Camino Real. In addition to managing the day-to-day operations of its markets, PCFMA also supports its markets by employing a variety of innovative and time-tested marketing strategies that include market promotions, coordinating special events, conducting advertising campaigns, performing community outreach, and conducting consumer education campaigns. This technical expertise goes beyond the markets themselves to include strategies to maximize the promotional opportunities of Farmers' Markets located in and around retail shopping areas, Business Improvement Districts and California Main Street Programs. However, this is the only one small portion of what PCFMA does. PCFMA also works to forge and sustain a link between California farmers and California's communities. At each Farmers' Market, PCFMA works to create a sense of neighborhood by respecting local community dynamics and creating a family-oriented environment. In addition, PCFMA works to educate the community about healthy eating and sustainable agriculture. PCFMA's food education efforts encompass nutrition, preparation, storage, food safety, production, and security. In local elementary schools, PCFMA has incorporated the nationally recognized 5-A-Day Nutrition Curriculum, which emphasizes good nutrition and healthy eating habits for life. PCFMA's "5-A-Day CafC' provides a hands-on Pacific Coast Farmers' Market Association Proposal to Operate the South San Francisco Cert/fied Farmers' Market Page 3 experience for school children in which they learn about proper portion sizes and how to safely peel and slice various fruits to make a healthy snack. Best of all, the children get to eat the fi-uits of their labor to discover just how good healthy foods can be. To teach the public, especially young people, about sustainable agriculture - a form of the agricultural arts that strives to work in greater harmony with nature to provide farmers with a thir return for their crops while protecting the soil and land for future generations - PCFMA has developed the Farm Faire, an interactive exhibit that demonstrates how a farm operates. The Farm Faire includes an interactive map showing which of California's agricultural regions grow various crops, bigger _than life displays of beneficial insects, and wooden cows that the As a part of its community outreach strategy, PCFMA's website provides detailed information about each of PCFMA's markets, a list of PCFMA's producers statewide, and recipes utilizing the market's seasonal products. PCFMA's success is apparent in many different areas. PCFMA is the largest Farmers' Market Association in the State of California and the second largest in the nation. We currently have over 250 certified agricultural producers that participate at several of the markets that we operate in the Greater San Francisco Bay Area. In addition to the California small family farmers, 150 non-agricultural producers participate in the markets. These producers bring variety to the markets in thc form of artisan breads and baked goods, freshly caught fish or shellfish, specialty cheeses, and many other wonderful locally-produced food items. PCFMA takes its position as a leader in California's agriculture industry very seriously. Members of PCFMA's staff and Board of Directors serve on the Board of Directors of the California Federation of Certified Farmers' Markets and the state's Agricultural Direct Marketing Advisory Committee, and PCFMA is a member of the North American Farmers' Direct Marketing Association. PCFMA is governed by a nine-member Board of Directors. Three of the nine members of PCFMA's Board of Directors are elected by the agricultural producers who sell in PCFMA's markets. The remaining six Board positions are selected anmmlly by the Directors then serving. (See Attachment 3 for a list of PCFMA's Board of Directors.) PCFMA is led by a professional staffwith extensive experience in California's Certified Farmers' Markets. PCFMA will dedicate an employee to serve as the Market Manager for the South San Francisco Certified Farmers' Market. This individual will serve as the liaison between the City of South San Francisco, the producers who sell in the market, the public officials who certify and inspect the Farmers' Markets, and PCFMA. While this Market Manager will lead PCFMA's efforts to maintain a successful Certified Farmers' Market in South San Francisco, he or she will be supported by PCFMA's full staffofmanagers, admini.qtrators and marketing experts. (See Attachment 4 for an overview of the PCFMA staff.) PCFMA's strength, experience and leadership has contributed to the organization's fiscal strength. Careful financial planning has allowed PCFMA to develop sufficient financial reserves to invest in promising markets and new innovations and to weather potential short-term losses that might be caused by weather or natural disasters that might temporarily interfere with the operation of the markets. To protect itself and its sponsors, PCFMA maintains a general liability insurance policy in the amount of $2,000,000, listing as additional insureds, each of the Certified Farmers' Markets PCFMA operates. (See Attachment 5 for a sample Certificate of Insurance.) PCFMA is proud of the reputation that it has developed in California's Agricultural Direct Marketing Industry and in communities around the Bay Area. We invite you to contact any of PCFMA's references (see Attachment 6) for more information. Pacific Coast Farmers' Market Association Proposal to Operate the South San Francisco Certified Farmers' Market Page 4 Operations Strategy: PCFMA believes every market should be a reflection of the community it serves, so it customizes its strategy for each market, while relying on four basic principles: create a marketplace that is inviting, friendly, safe and tim; offer the best variety and the biggest selection of top-quality food products that thc market can bear; use the market as a venue to educate the community about healthy food choices; and establish and enforce a system of market talcs that promote compliance with local regulatory agencies while supporting the long term sustainability of the market. PCFMA's hope is to be given the opportunity to operate Certified Farmers' Markets at both Orange Memorial Park and the Kaiser Permanente Medical Center in South San Francisco this year. By operating both markets, PCFMA will have opportunities for cross-promotion - shoppers at the Kaiser South San Francisco market will be invited to shop the Saturday market at Orange Memorial Park, and shoppers at the Saturday market will be able to take advantage of the health education and nutritional information made available by the nutrifionists and health educators at Kaiser Permanente. PCFMA is committed to establishing a tree partnership with the City of South San Francisco and developing a market plan that supports PCFMA's mission as well as the goals of the City of South San Francisco. Therefore, PCFMA welcomes comments and suggestions from the City of South San Francisco concerning its proposals. Market Operations: PCFMA currently operates markets on every day of the week, except Monday, as Mondays have become the nearly universal off-day in the Farmers' Market industry. PCFMA also operates markets that open in the early morning, in the late morning, and in the early aRemoon. The day of the week and thc timing of the market are set for each market to accommodate local community dynamics and market goals. In South San Francisco, PCFMA proposes to maintain the market's current operating schedule of Saturdays from 9:00 a.m. to 1:00 p.m. Maintaining this schedule in the 2005 season will help the market to retain the patronage of local consumers who have shopped thc market in previous seasons. Likewise, continuing to operate the market in Orange Memorial Park will help former customers to return to the market. However, the way in which PCFM proposes to utilize the space may change. PCFMA will work to design a space that feels vibrant and exciting to the market visitor while serving as a safe space in which the community can gather, shop, converse and celebrate their community. Producers in the Market: Every market that PCFMA operates is unique. The number and mix of producers in the market vary depending upon market space, producer availability, consumer demand and other factors. To fill the South San Francisco Certified Fanners' Market, PCFMA will draw upon the 250 Certified Agricultural Producers and 150 other specialized food producers that sell in the dozens of Certified Farmers' Markets that PCFMA currently operates. Thc state laws governing Certified Farmers' Markets make a distinction between Certified Agricultural Producers and other producers and vendors in the market. As a result, every market has a dividing line - invisible to market consumers - that divides the two types of producers. PCFMA typically works to have 60% of the market served by Certified Agricultural Producers and 40% filled by other specialty food producers. Certified Agricultural Producers offer farm fresh, seasonal fruit, vegetables, honey, greens, and nuts - including a selection of organically grown products. (For a full list of the Certified Agricultural Producers that sell in PCFMA's Certified Farmers' Markets, see Attachment 7.) Pacific Coast Farmers' Market Association Page 5 Proposal to Operate the South San Francisco Certified Farmers' Market The other producers - those not certified by the state as Certified Agricultural Producers - include specialty food producers and other retailers offering items such as bakery fresh breads and pastries, gourmet cheeses, specialty sausages, various ethnic foods, fresh cut flowers, locally roasted coffees, hand-crafted soaps and freshly caught seafood. These vendors offer a variety of ready-to-eat foods, along with condiments, sauces and other specialty food items for home cooking use. (For a full list of the producers and vendors, other than Certified Agricultural Producers, that sell in PCFMA's Certified Farmers' Markets, see Attachment 8.) While the number of selling spaces that are utilized in any single week will vary - due to circumstances such as weather, farming conditions, product availability and producer availability - PCFMA will work to keep the market full with a wide variety of products available each week. PCFMA will make a special effort to secure a seafood vendor for the South San Francisco Farmers' Market as you have identified that as a particular need within the market. In addition, PCFMA proposes to devote one space for the use of area community groups and nonprofit o~ani?ations at no cost. This will allow the South San Francisco Certified Farmers' Market to grow as a community center and gathering point. These community booths also serve to al~act additional visitors to the Market. Similarly, PCFMA will devote one space for the use of local businesses for a nominal charge. Due to the restrictions on sales in a Certified Farmers' Market these businesses could not sell their goods or services, but they could promote their business to the hundreds of local residents that will shop the market. Operations Philosophy: PCFMA is dedicated to being a professional organiTation that provides a consistently high-quality service to its consumers, its sponsors and its producers. This philosophy is captured in the formal rules and procedures that PCFMA employs, as well as in the manner and attitude of all PCFMA employees. Rules and Regulations: PCFMA adopted Rules and Regulations at its inception. The Board of Directors is responsible for an annual review of this important document which is updated on a regular basis. Each producer agrees, as part of their application process each year, to abide by these Rules and Regulations. The on-site Market Manager enforces the Rules and Regulations. PCFMA complies with the California Code of Regulations Title 3. Article 6.5. Food and Agriculture Direct Marketing, which authorizes Certified Farmers' Markets in California and the California Uniform Retail Food Facilities Law, which ensures public health and safety. Management Style: Developing good communication skills and utilizing them on market days is the single most important managerial skill a Market Manager can possess. PCFMA conducts training in this important skill for all new managers. Additionally, we conduct weekly manager meetings to provide support and continuity for our staff. Community Involvement: PCFMA welcomes on-going input from its sponsors, local chambers of commerce, and local merchants' association and other interested community groups. PCFMA sees their role as advisors, particularly on merchant- Pacific Coast Farmers' Market Association Page 6 Proposal to Operate the South San Francisco Certified Farmers' Market related issues. We would also hope to have their support and participation in order to implement the cooperative marketing ideas that support both the market and the surrounding merchants. Public Relations: Every PCFMA manager is taught the "Disneyland" approach to working with thc public - the customer is always fight and the site is always dean, fun and festive. PCFMA also maintains a list of entertainers that perform a variety of different musical styles at several of PCFMA's markets. These artists range from jazz trios, to country banjo, to classical harpists. All of the performers are carefully screened by PCFMA to ensure that their performances will enhance the shopping experience for market visitors. (For a full list of PCFMA's current entertainers, see Attachment 9.) Marketing Strategy: As the largest operator of Certified Farmers' Market in the Bay Area, PCFMA has developed a sophisticated marketing and promotions function. The South San Francisco Certified Farmers' Market would benefit from PCFMA's years of experience promoting Certified Farmers' Markets; available resources of display advertisements, radio spots and television commercials; and established relationships with local media outlets. PCFMA's typical marketing strategy for a Certified Farmers' Market combines general and market-specific advertising. The general advertising promotes Certified Farmers' Markets as exciting retail destinations and encourages consumers to find a market near them by calling PCFMA's toll-free phone number or by visiting PCFMA's website. Market-specific advertisements would spotlight just the South San Francisco Certified Farmers' Market, promoting specific market elements or activities. PCFMA also makes extensive use of free media through a coordinated campaign of press announcements that raise the visibility of the markets in local and national newspapers and magazines. PCFMA makes creative usc of online media through a detailed website and a subscription-only c-mail list. PCFMA's website provides detailed information about each of PCFMA's markets. The c-mail newsletter alerts subscribcrs to upcoming market events, new products entering thc market and new producers serving the market. The South San Francisco Certified Farmers' Market would also feature market-based promotions that are organized and implemented by PCFMA's marketing team, and that are designed to encourage repeat visits by market consumers. These promotions highlight new products entering the market with discounts, recipes and nutritional information; offer educational and entertaining activities for children in the market and build a market community by allowing consumers to register for the Friends of the Farmers ' Market list that offers advance notice of special events and special discounts for regular customers. Market events - such as seasonal recipe contests and cooking demonstrations - would help to make the South San Francisco Certified Farmers' Market a community destination. PCFMA's pop, lar recipe contests encourage thc purchase of particular products entering the market and give consumers an opportunity to show off their creativity. Cooking demonstrations featuring local chefs as well as PCFMA's own Grill Crazy summer cooking demonstration arc not only educational and entertaining, but produce delicious free samples that are proven crowd-pleasers. Equally important to the advertising and special events are the relationships that the South San Francisco Certified Farmers' Market is able to develop with the surrounding community. Here again, PCFMA's experience and reputation would benefit the market. PCFMA publishes a quarterly newsletter, Market Thymes, which features seasonal recipes, children's activities and useful articles on subjects such as food storage and nutrition. PCFMA Pacific Coast Farmers' Market Association Proposal to Operate the South San Francisco Certified Farmers' Market Page 7 also produces a wide range of brochures with seasonal recipes and with educational information on organic farming, sustainable agriculture, nutrition, and food storage and safety. PCFMA would also offer its programs of education on nutrition and sustainable agriculture to local schools and help to organiT~ market visits by classrooms. During the visits, PCFMA can make available its Carrot Cash for the children to be able to buy fresh fruits and vegetables to enjoy. PCFMA can also bring to the market and to the schools Mr. Carrot, PCFMA's ambassador for healthy eating. This six-foot tall carrot - a member of the PCFMA staff accustomed to wearing the costume and interacting with market consumers - is wildly popular with children and adults as he walks through the market, interacting with customers and farmers, and posing for pictures. Other community outreach efforts that PCFMA can employ include working with local government agencies and nonprofit organizations to promote public benefit programs that can be used at Farmers' Markets, such as the Golden State Advantage electronic benefits card that has replaced food stamps and the California Farmers' Market Nutrition Program serving mothers in the federal WlC program and low-income seniors. PCFMA would hope to work with the City of South San Francisco to develop a marketing plan that would successful re-introduce the market to local residents and keep them excited about returning to the market again and again. Financial Responsibilities: PCFMA is committed to making the South San Francisco Certified Farmers' Market popular with consumers, profitable for producers and supportive of local businesses and community organizations. PCFMA is also committed to a partnership with the City of South San Francisco that allows the market to achieve the City's goals. PCFMA is willing to commit to its partnership with the city of South San Francisco a Market Manager and PCFMA's experienced marketing and promotions team, under the oversight of PCFMA's professional management. As a not-for-profit organization, PCFMA does not seek to generate a profit from its markets but instead seeks to operate its markets at the lowest possible cost to the farmers and other producers selling within the market, while generating sufficient revenue to support market operations and marketing activities. Typically, PCFMA asks its sponsors for a contribution of $50,000 to help underwrite starmp costs- with contributions of $20,000 for each of the first two years and $10,000 in the third year. As the South San Francisco Certified Farmers' Market is not a new venture, but a continuing - and hopefully improving - venture, PCFMA asks for a contribution of $26,000 - $12,000 in the first year, $8,000 in the second year, and. S6,000 in the third year. In addition, PCFMA would ask the City of South San Francisco to help facilitate and expedite the process of securing any required conditional use permits for the market site at Orange Memorial Park and the proposed market at the Kaiser Permanente facility at 1200 El Camino Real. This investment by the City of South San Francisco in the South San Francisco Certified Farmers' Market will help the market to establish itself as a conmmnity destination and an integral part of South San Francisco's civic life. Conclusion: The Pacific Coast Farmers' Market Association - its Board of Directors, its staff and its hundreds of producers - are committed to bringing fresh, nutritious California-grown products to the people through Certified Farmers' Markets. We offer this proposal in hopes of be allowed to operate the market in the City of South San Francisco Pacific Coast Farmers' Market Association Proposal to Operate the South San Francisco Certified Farmers' Market Page 8 and to continue to grow and develop thc market to reach its fullest potential. Working together we are confident that the South San Francisco Certified Farmers' Market will grow to become a center of community life and economic vitality in South San Francisco. DATE: TO: FROM: SUBJECT: April 13, 2005 The Honorable Mayor and City Council Elaine Yamani, Interim Director of Human Resources RESOLUTION APPROVING PERSONNEL CHANGES INCLUDING CLASSIFICATION DESCRIPTION AND PLACEMENT ON THE AFSCME SALARY SCHEDULE RECOMMENDATION: It is recommended that the City Council, adopt a resolution, approving the classification description and salary placement for the proposed reinstatement of the Public Works Inspector classification within the AFSCME salary schedule. BACKGROUND: The Public Works Department has determined to best meet its specific needs for inspection services that the position of Public Works Inspector should be reinstated to the salary schedules. The position of Public Works Inspector had a long-standing history within the City until it was removed from salary schedules in the mid nineties in favor of modifying position descriptions including Construction Manager. The employee who held the Construction Manager position retired at the end of 2004. Previously, this position resided in the Engineering Department, however, with the department reorganization in 2004, the inspection function now resides in the Public Works Maintenance Department. The Public Works Maintenance Department has performed inspections with an acting inspector since January 2005 and wishes to return to the basics of the position to insure projects are properly inspected and encroachment permits are closely monitored. Construction management will reside with the City Engineer's office, allowing the Public Works Inspector to focus on the primary task of plans and specification compliance. The job description, last revised in 1970, has been updated to current requirements. The salary is comparable to the Building Inspector position. Attached is the salary schedule (Exhibit A) for the classification and the job description (Exhibit B). New Classification: TIn;pector Reason Public Works ............ New classification as a result of an organizational change. CB-04/07/05 S:XHR StaffiElainekgtaff ReportskPublic Works InspeetorkPW inspector.doc Staff Report Subject: Personnel Changes -Public Works Inspector Page 2 By: Elaine ~¢-~mi / Interim Director of Human Resources Approved: ..~'~</.. ~, ...... ' Barry Nalel City Manager Attachments: Salary Range (Exhibit A) and Class Description (Exhibits B) for Public Works Inspector City of South San Francisco Exhibit A Below is the salary range for the classifications listed in the staff report to which this is attached. AFSCME Salary Schedule ~ Title Public Works Inspector ........................................................... Monthly Salary Range $5,238 to $6,368 SP-04/07/05 S:kHR StaffiElaineKqtaff ReportskPublic Works InspeetorkExhibit A-PW hasp.doc City of South San Francisco Human Resources Department Public Works Inspector Class Description Definition Under general supervision, inspects and participates in all phases of construction projects to insure conformance with approved plans, specifications and departmental regulations; maintain records and prepare reports pertaining to projects inspected; and performs other related duties as assigned. Distinguishing Characteristics This single-position class performs full range of duties assigned including the performance of the entire range of field inspection work requiring knowledge of construction inspection principles and practices. Typical and Important Duties 1. Reviews and interprets plans and specifications of assigned project; attends bid openings and preconstruction conferences. 2. Inspects various public works constructions such as utilities, storm sewers, sanitary sewers, streets, sidewalks, gutters and other off-site construction; check line, grade, size, elevation and location of structures for conformance with specifications and regulations. 3. Observes work in all stages of progress to assure conformance with standards; ensures that safety procedures are followed; consults with contractor's supervisory personnel as to methods of construction to determine their adequacy in relation to standards. 4. As appropriate, approves contract change orders and ensures completion of changes. 5. Inspects and tests, or coordinates and reviews the tests of construction materials such as concrete, aggregates, soils, pipe and building materials, reviews workmanship and sequence of operations. 6. Prepares and reviews inspection reports; prepares progress payments and responds to and/or processes claims. 7. Performs basic survey functions to confirm alignments and grades. 8. Indicates location of various appurtenances on plans. 9. Inspects adjacent properties for damage from construction activity. 10. Prepares periodic reports regarding the status of all projects. 11. Responds to complaints, problems and questions from concerned parties and, as necessary, takes action to remedy them. 12. Maintains effective communications with other departments and City staff, contractors, other agencies and the community. 13. Perform related duties as assigned. City of South San Francisco Public Works Inspector Class Description PaRe 2 Job-related Qualifications Knowledge of: · Principles and practices of construction management and public works inspection. Materials, methods, and practices used in public works construction, including streets, gutters, sidewalks, drainage systems, underground lines, streetlights, and related facilities. · Principles and practices of engineering as applied to construction inspection. · Safety principles, practices, regulations, and procedures related to the work, including OSHA regulations. · Applicable federal and state laws, codes, and regulations. · Applicable mathematics including algebra, geometry and trigonometry as applied to construction inspection work. · Basic computer systems and applications related to the work. Ability to: · Inspect construction projects to ensure compliance with plans and specifications. · Reviews public works construction plans and specifications. · Accurately interpret, apply and explain applicable laws, codes, regulations, and ordinances. · Detect and locate faulty materials and workmanship and determine the state of construction during which defects are most easily found and remedied. · Understand and interpret engineering plans and specifications and prepare accurate engineering records · Prepare designs, specifications and cost estimates in specified areas. · Make engineering calculations of quantities and grades; operate survey instruments. · Prepare concise and accurate reports, correspondence, change orders, specifications, and other written materials. · Communicate effectively in writing, orally, and with others to assimilate, understand, and convey information, in a manner consistent with job functions. · Establish and maintain effective relationships with those contacted in the course of work. · Develop good public relations. · Represent the City, the department, or the organizational unit effectively in meetings and in contacts with representatives of other agencies, City departments, private organizations, individuals, and the public. · Take a proactive approach to customer service issues. · Make process improvement changes to streamline procedures. · Acquire a thorough knowledge of applicable department policies and procedures and a working knowledge of related City policies, regulations, and procedures. · Work in a safe manner, following City safety practices and procedures and modeling correct safety practices; enforce adherence to safety policies and procedures; identify, correct, and report safety hazards. · Maintain confidentiality regarding sensitive information. Skill in · Using a personal computer and related software. City of South San Francisco Public Works Inspector Class Description Page 3 Experience and Training Any combination of experience and training that would provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Three years of public works construction experience with one year as a construction foreman or public works inspecting and surveying experience. College-level coursework in an engineering or construction technology may also be substituted for the initial two years of experience on a year-for-year basis to a maximum of two years. Training: Equivalent to graduation from high school supplemented by applicable technical engineering and inspection coursework. Registration as a California construction inspector is highly desirable. Licenses and Certificates All licenses and certificates must be maintained as a condition of employment. · Possession of, or ability to obtain, an appropriate valid California driver's license, and a satisfactory driving record. Special Requirements Essential duties require the following physical skills and work environment: Physical Skills: Able to use standard office equipment, including a computer; sit, stand, walk, kneel, crouch, stoop, squat, crawl, twist; climb ladders, stairs, and scaffolding; walk on rooftops; lift and carry 35 pounds; use standard office equipment, including a computer; vision to read a computer screen and printed materials, including maps and plans and to discern different colored materials; hearing and speech to communicate in person and over the telephone. Work Environment: Mobility to work in standard office environment or field setting; exposure to cold, heat, noise, outdoors, vibration, conf'med workspace, chemicals, explosive materials, vibration, mechanical hazards, electrical hazards, traffic, and work in attics and crawlspaces; walk on pitched and flat roofs. Ability to: Travel to different sites and locations; locations; drive safely to different sites and locations; maintain a safe driving record; maintain a neat and clean appearance; work extended hours or off-shift work for meeting attendance or participation in specific projects or programs, and take call during non-business hours. Approved: January 1970 Revised Date: April 2005 Former Titles: Abolished: Bargaining Unit: AFSCME ADA Review: 3/2005 DOT: No Physical: Class 2 Status: Classified/Non-Exempt EEOC Category: EFg~EJ3 Job Code: City of South San Francisco Public Works Inspector Class Description Page 4 ADA Documentation of Essential Duties 1. SDE 2. SDE 3. SDE 4. SMA 5. SDE 6. SDE 7. OAE 8. SDE 9. SDE 10. SDE 11. SMA 12. SDE RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE JOB SPECIFICATION AND SALARY PLACEMENT FOR THE NEWLY DEVELOPED PUBLIC WORKS INSPECTION CLASSIFICATION WHEREAS, staff desires approval of the job specification and salary placement for the newly developed Public Works Inspector classification as shown in the attached Exhibit A and B. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco that the City Council approves the job specification and salary placement for the newly developed Public Works Inspector classification. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the ~ day of 2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk S:\Current Reso's\4-13-class.discrip.public.works.res.DOC Staff Re ort A ENDAITEMISB TO: Honorable Mayor and City Council FROM: Elaine Yamani, Interim Human Resources Director SUBJECT: AMENDMENT TO CHAPTER 3.12 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RECOMMENDATION Waive reading and introduce the ordinance, which amends Chapter 3.12 of the South San Francisco Municipal Code, to implement Council-approved position title additions, deletions, and/or changes. BACKGROUND The Municipal Code, Chapter 3.12 is updated during the budget process and periodically as positions are renamed, reclassified, developed and/or deleted from the competitive and non-eom >etitive service. The following changes to the Municipal Code are recommended. Delete from the Municipal Code: Title [ Reason COnstruCtion Manager .............. [ Classification being deleted as a result of an organizational I change. Add to the Municipal Code: I I bli Works InspeCtor ............ Position added to the classified service. By: laine Yamani f Interim Human Resources Director Bhrry M. Nagel .,city Manager CB-IM/07 /05 S:LI-IR Staff~Elaine~Staff Reportsh~ublie Works InspeetorX3anendment-Construetion Mgr.doeAmendment To Chapter 3.12.doe ORDINANCE NO. AN ORDINANCE AMENDING SECTION 3.12.010 SOUTH SAN FRANCISCO MUNICIPAL CODE OF THE The City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1. 1. SECTION 3.12.010 IS HEREBY AMENDED AS FOLLOWS: SUBDIVISION (a)(4) 1. Delete the position title "Construction Manager." 2. Add the position title of "Public Works Inspector." SECTION 2. SEVERABILITY In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 3. PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the day of ,2004. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the __ day of ,2005 by the following vote: AYES: NOES' ABSTAIN: ABSENT: ATTEST: City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this day of ,2005. S:\Current Ord's\4-13 -05positon.doc Mayor