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HomeMy WebLinkAbout2005-11-09 e-packet GENDA REDEVELOPMENT AGENCY CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY, NOVEMBER 9, 2005 7:00 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you 111ay know our method of conducting Agency business, we proceed as follows: The regular meetings of the Redeveloplnent Agency are held on the second and fourth Wednesday of each nlonth at 7:00 p.m. in the Municipal Services Building, COlnlnunity Room, 33 Arroyo Drive, South San Francisco, California. Public Con111lent: 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 COlmnunity ROOln and submit it to the Clerk. Please be sure to indicate the Agenda He1n # you wish to address or the topic of your public COilllnent. CalifoTIlia law prevents Redevdoplnent Agency from taking qction on any iteln not on the Agenda (except in enlergency circunlstances ). Your question or problenlmay be referred to staff for investigation and/or action where appropriate or the nlatter Inay be placed on a future Agenda for Inore cOlnprehensive action or a report. When your name is called, please COlne to the podiUln, 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 itelns of business appearing on the Agenda. As she completes reading an iteln, it will be ready for Board action. RAYMOND L. GREEN Chair JOSEPH A. FERNEKES Vice Chair RICHARD A. GARBARINO, SR. Boardlneinber PEDRO GONZALEZ Boardtnember KARYLMATSUMOTO Boardmelnber RICHARD BATTAGLIA Investment Officer SYLVIA M. PAYNE Clerk BARRY M. NAGEL Executive Director 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 n1inutes of October 26, 2005 2. Motion to confin11 expense clain1s ofNovelnber 9,2005 3. Motion to cancellneeting ofNovelnber 23,2005 ADJOURNMENT REGULAR REDEVELOPMENT AGENCY MEETING AGENDA NOVEMBER 9, 2005 PAGE 2 RDA AGENDA ITEM #3 REDEVELOPMENT AGENCY 3. Motion to cancel regular Redevelopment Agency meeting of Wednesday, Novelnber 23, 2005 ~'tll s1N ~ o ("1 >-. ~ B [] C' \.~ 4lIFottY- DRAFT REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 NOTICE OF CANCELLATION of Regular Meeting WEDNESDAY, NOVEMBER 23, 2005 7:00 P.M. NOTICE IS HEREBY GIVEN, that the regular Ineeting of the Redevelopment Agency of the City of South San Francisco scheduled for Wednesday, November 23,2005, at 7:00 p.m., in the Municipal Services Building, Comlnunity Room, 33 Arroyo Drive, South San Francisco, California, has been cancelled. The next regular Ineeting of the _ Redevelopment Agency of the City of South San Francisco will be held on Wednesday, Decelnher 14, 2005, at 7:00 p.ln., in the Municipal Services Building, Con1munity ROOln, 33 Arroyo Drive, South San Francisco, California. City Clerk Posted: November 10,2005 IGE DA CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY, NOVEMBER 9, 2005 7:30 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you Inay know our Inethod of conducting Council business, we proceed as follows: The regular Ineetings of the City Council are held on the second and fourth Wednesday of each nlonth at 7:30 p.m. in the Municipal Services Building, COlnmunity Room, 33 Arroyo Drive, South San Francisco, California. Public COlnnlent: For those wishing to addt-ess the City Council on any Agenda or non-Agendized item, please cOlnplete a Speaker Card located at the entrance to the Council Chamber's and sublnit it to the City Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public COlmnent. Califoll1ia law prevents the City Council frol11 taking action on any iteln not on the Agenda (except in elnergency circulnstances). Your question or probleln 111ay be refelTed to staff for investigation and/or action where appropriate or the nlatter Inay be placed on a future Agenda for more comprehensive action or a report. When your nalne is called, please COlne to the podiunl, state yom' 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 cOlnpletes reading an iteln, it will be ready for Council action. RAYMOND L. GREEN Mayor JOSEPH A. FERNEK.ES Mayor Pro Teln RICHARD A. GARBARINO, SR. Counciln1an PEDRO GONZALEZ Councihnan KARYL MATSUMOTO Council won1an RICHARD BATTAGLIA City Treasurer SYLVIAM. 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 .. Fire Prevention Poster Contest Winners - Fire Captain Steve Mam1 AGENDA REVIEW PUBLIC COMMENTS ITEMS FROM COUNCIL .. Announcelnents .. Conuni ttee Repolis .. Appoint subcOlrunittee to Ineet with City Clerk CONSENT CALENDAR 1. Motion to approve the Ininutes of October 26, 2005 2. Motion to confinn expense claims ofNovelnber 9, 2005 3. Motion to adopt an ordinance mnending ordinance mnending SSFMC Chapter 9.04, Aninlal Licensing and Control 4. Resolution authorizing execution of an mnendlnent to the joint powers agreement tenninating the Criminal Justice Council of San Mateo County and tenninating the related joint powers agreelnent 5. Resolution authorizing acceptance of a donation fron1 Genentech and appropriating funds to the Fire Depmin1ent budget for use as pali of the 2005 Fire Prevention Week Pro grmn 6. Resolution authorizing the acceptance of funds in the mnount of $16,504 fi-oln Depalilnent of Conservation for the solid waste disposal and recycling progrmn 7. Resolution endorsing the adoption of a risk Inanagelnent progrmn 8. Resolution approving an mnendlnent to the joint powers agreelnent with the San Mateo County Narcotics Task Force 9. Resolution approving the installation of stops signs on AHa Vista Drive at Comnur Street REGULAR CITY COUNCIL MEETING AGENDA NOVEMBER 9,2005 PAGE 2 10. Motion to accept the WQCP General Building Air-Conditioning Retrofit Project as complete in accordance with plans and specifications II. Motion to cancellneeting of Novelnber 23, 2005 12. Acknowledgement of procl31nation issued: "Be Sewer Slnart"- Backup Prevention Month, Novelnber 2005 ADMINISTRATIVE BUSINESS 13. Resolution approving an agreelnent with K.aiser Pennanente for a fanners ll1arket at 1200 El C3111ino Real for IZaiser elnployees and Inelnbers 14. Transn1ittal of first quarter FY 2005-06 financial report and resolution 31nending FY 2005-06 general fund operating budget to increase "general fund revenues by a total of $1,176,672 15. Resolution approving rate adjustn1ent of cunent taxicab rate schedule COUNCIL COMMUNITY FORUM ADJOURNMENT REGULAR CITY COUNCIL MEETING AGENDA NOVEMBER 9, 2005 PAGE 3 taff eport AGENDA ITEM #3 DATE: November 9, 2005 TO: Honorable Mayor and City Council FROM: Steven T. Mattas, City Attorney SUBJECT: ADOPT AN ORDINANCE AMENDING CHAPTER 9.04 OF TITLE 9 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE "ANIMAL LICENSING AND CONTROL," TO COINCIDE WITH THE NEWLY REVISED AND ADOPTED ORDINANCE OF THE COUNTY OF SAN MATEO RECOMMENDATION Adoption of an Ordinance amending Chapter 9.04 of Title 9 of the South San Francisco Municipal Code "Animal Licensing and Control," to coincide with the newly revised and adopted ordinance of the County of San Mateo BACKGROUND/DISCUSSION Council has previously waived reading and introduced the following ordinance. The Ordinance is now ready for adoption. AN ORDINANCE AMENDING CHAPTER 9.04 OF TITLE 9 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE "ANIMAL LICENSING AND CONTROL," TO COINCIDE WITH THE NEWLY REVISED AND ADOPTED ORDINANCE OF THE COUNTY OF SAN MATEO (Introduced on 10/26/05 Vote 5-0) Attachment 790405-1 ORDINANCE NO. AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 9.04 OF TITLE 9 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE "ANIMAL LICENSING AND CONTROL" TO COINCIDE WITH THE NEWLY REVISED AND ADOPTED ORDINANCE OF THE COUNTY OF SAN MATEO THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Section 9.04.010 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is hereby mnended to read as follows: 9.04.010 Definitions. (a) "Animal Control Officer" means that person designated as the Anilnal Control Program Manager of the Division of Anilnal Control Services for the County and his or her duly authorized officers or deputies, as well as the President of the County's contract agent and his or her duly authorized officers or deputies. (b) "Anilnal Control Program" means that program within the Division of Animal Control Services of the Envirorunental Services Agency of the County, or the County's designated contract agent or both, which is specifically charged with regulating and enforcing laws dealing with anitnal control within its jurisdiction. ( c) "Animal Control Shelter" means the facilities provided by the County or the County's designated contract agent for the impounding of anilnals. (d) "Director of Environlnental Services Agency" Ineans that person so designated by the governing body of the County of San Mateo. ( e) "Licensing Program" Ineans that progrmn within the Division of Revenue Services of the Employee and Public Services Agency, which is specifically charged with regulating and selling animal licenses and registrations in the County of San Mateo. (f) "Itnpoundment" means the picking up and confining of an animal by the Animal Control Program. (g) "Owner" of an animal means that person 18 years of age or over who holds the license to the anilnal, or if the animal is not licensed, that person 18 years of age or over legally entitled to possession of the animal concerned and who has primary responsibility for the care of the animal. I of 15 (h) "Dangerous Animal" Ineans any animal, except a trained dog assisting a peace officer engaged in law enforcelnent duties, which because of its disposition, behavior, training or other characteristic constitutes a danger to persons or property, or which delnonstrates any or all of the following behavior: (1) Any attack or other behavior which requires a defensive action by any person to prevent bodily injury or property dmnage or that results in an injury to a person or propeliy. (2) Any aggressive attack or other behavior that constitutes a substantial threat of bodily hann to a person or anilnal, where such attack, injury or behaviors occurs in a place where such person or animal is conducting hilnself or herself peaceably and lawfully. (3) An attack on another animal or livestock, which occurs off the property of the Owner of the attacking animal. (4) Any animal that has been deemed by another govemlnental jurisdiction as "potentially dangerous," "dangerous," "vicious," or any other silnilar designation. (i) "Wolf Hybrid" means any offspring of domestic dogs bred to wild canids (e.g., wolves or coyotes) and their subsequent generations. (j) "Vicious Anilnal" Ineans any anitnal, except a trained dog assisting a peace officer engaged in law enforcelnent duties, which meets any or all of the following criteria: (1) Any animal previously designated as "dangerous," that after investigation by an Anitnal Control Officer and/or Peace Officer is found under conditions which constitute a violation of this chapter or applicable dangerous animal permit and which delnonstrates a significant danger to the public health or safety; (2) Any animal seized under Section 599aa of the Penal Code and/or upon the sustaining of a conviction of the Owner or caretaker under subdivision (a) of Section 597.5 of the Penal Code; (3) Any animal which inflicts severe injury on or kills a human being or another anilnal; (4) Any animal, which has engaged in any aggressive behavior, which demonstrates that the animal represents a clear and present substantial danger to the public health or safety and that due to substantial risk to the public health or safety it is unlikely that the animal could be safely maintained under a dangerous animal permit. 2 of 15 (k) "Severe injury" means any physical injury directly caused by an anilnal attack that consists of muscle tears, multiple punctures, broken bones or disfiguring lacerations, or which requires multiple sutures or corrective or cosmetic surgery. SECTION 2: Section 9.04.030 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is hereby amended to read as follows: 9.04.030 Scope of Authority ofHulnane Officers and Anilnal Control Officers. HUlnane Officers qualified and appointed pursuant to California Corporations Code 14502, who are employees of any public pound, society for prevention of cruelty to anitnals or humane society which has contracted with the County to provide anitnal control services, shall have the authority to issue notices to appear in court pursuant to Chapter 5C (colnlnencing with Section 853.5 of Title 3 of Part 2 of the Penal Code of the State of California) for violations of state and local animal control laws. This authority is based on section 14503 of the Corporations Code and Section 607 g of the California Civil Code. Animal Control Officers shall have the authority provided by state law including but not litnited to that described by Penal Code Section 830.9. SECTION 3: Section 9.04.090 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is hereby amended to be entitled and to read as follows: 9.04.090 Dangerous anilnal permit required. (a) No person shall knowingly keep, have, maintain, sell, trade or let for hire an animal designated under the provisions of this chapter as dangerous without obtaining a Dangerous Animal Permit frOln the Animal Control Officer. The animal Owner shall cOlnply with all conditions of the Dangerous Anilnal Permit including but not limited to all requirements of Section 9.04.110 of this Chapter. Any animal, which is determined to be dangerous under this Chapter and for which a permit has not been obtained shall be surrendered to an Animal Control Officer for appropriate disposition including humane destruction. (b) If an Animal Control Officer or Peace Officer has investigated and detennined that an animal is dangerous, the Animal Control Officer and/or Peace Officer shall deliver written notice of such determination to the Owner of the anilnal. Should the anilnal pose a threat to the public health and safety, an Animal Control Officer may ilnlnediately ilnpound the animal. ( c) If, after investigation by an Animal Control Officer or Peace Officer, that officer determines that probable cause does not exist to believe the animal is dangerous, any interested person may appeal that determination by sublnitting within five (5) calendar days of the decision a written request to the Animal Control Officer or Peace Officer for a hearing and paying the required fee. The hearing shall be conducted according to the procedures set forth in Section 9.04.1 05 of this Chapter. 3 of 15 (d) In determining whether or not an animal shall be declared dangerous, the Anilnal Control Officer, Peace Officer or Hearing Officer appointed pursuant to Section 9.04.1 05, Inay consider, as a mitigating factor or factors, whether, at the time of the injury, attack or Inolestation, the person or animal suffering the injury, attack or Inolestation: (1) Provoked, tormented, teased, abused or assaulted the anilnal thereby causing or contributing to the alleged behavior; (2) COlnlnitted a willful trespass or other tort upon the private property of the Owner or caretaker of the animal; (3) Threatened or cOlnmitted an unjustified attack or assault against the Owner, caretaker or person in control of the animal. (4) Or any other mitigating factors deelned appropriate for consideration by the Animal Control Officer, Peace Officer or Hearing Officer. (e) Upon receipt of written or oral notification by the Animal Control Officer and/or Peace Officer that an animal is dangerous as defined in this Chapter, the Owner shall submit an application for a Dangerous Animal Permit to the Anilnal Control Officer within five (5) calendar days. The application for a pennit shall contain the name of the applicant, applicant's address, the applicant's home and business phone nUlnbers, the address and description of the proposed location of where the animal will be kept, if different from applicant's, a cOlnplete description and a photograph of the animal. The permit shall contain all of the requirelnents of Section 9.04.110 and any additional conditions or requirements deelned necessary by the Anilnal Control Officer or Peace Officer to protect the public health or safety. (f) Should the Owner of the anilnal wish to contest the dangerous animal designation, the Owner may request a hearing, to be conducted according to the procedures set forth in Section 9.04.105 of this Chapter. The Owner shall sublnit a written request for a Dangerous AniInal Hearing to the Animal Control Officer and/or Peace Officer within five (5) calendar days of written notification by the Anilnal Control Officer and/or Peace Officer that the animal has been declared dangerous. Should the Owner not submit a request for a hearing within five (5) calendar days of notification, the hearing process shall be deemed waived by the Owner, and the dangerous anilnal declaration will be considered final by the County Director of the Environlnental Services Agency, or the City having jurisdiction. In that event, the County Director of the Environmental Services Agency or the City having jurisdiction Inay allow the dangerous animal permit to be issued without a hearing. Unless a . dangerous anilnal permit is immediately obtained, the animal shall be impounded at the Owner's expense pending appropriate disposition as detennined by the Animal Control Officer and/or Peace Officer. 4 of 15 SECTION 4: A new Section 9.05.095 is hereby added to Chapter 9.04 of Title 9 of the South San Francisco Municipal Code to be nUlnbered and entitled and to read as follows: 9.04.095 Declaration of vicious anilnals. (a) No person shall keep, have, maintain, sell, trade or let for hire an animal, which has been designated as vicious pursuant to this Chapter. (b) If an Animal Control Officer and/or Peace Officer has investigated and determined that an animal is vicious, the Animal Control Officer and/or Peace Officer shall deliver to the Owner of the anilnal written notice of that determination. The Anilnal Control Officer and/or Peace Officer shall imlnediately impound or cause to be ilnpounded the animal and shall cause the animal to be humanely destroyed unless the Owner requests a hearing under subsection ( c) of this section. ( c) If the Owner of the anilnal disputes the designation of an animal as a vicious animal by the Anitnal Control Officer and/or Peace Officer (s)he Inay submit a written request for a hearing to the Anilnal Control Officer and/or Peace Officer within five (5) calendar days of notification. Such hearing shall be conducted according to the procedures set forth in Section 9.04.105 of this Chapter. Failure of the Owner to request a hearing shall result in the anilnal being declared vicious and hUlnanely destroyed. The vicious anilnal declaration will be considered final by the County Director of the Environlnental Services Agency, or the City of South San Francisco. (d) If, after investigation by an Animal Control Officer or Peace Officer, that officer determines that probable cause does not exist to believe that the anitnal is vicious, any interested person may appeal that determination by sublnitting within five (5) calendar .days of the decision a written request to the Anilnal Control Officer or Peace Officer for a hearing and paying the required fee. ( e) In determining whether or not an animal shall be declared vicious, the Animal Control Officer, Peace Officer or Hearing Officer Inay consider, as a Initigating factor or factors, whether at the time of the injury, attack or behavior, the person or animal suffering the injury, attack or behavior for which the animal is being detennined vicious: (1) Provoked, tormented, teased, abused or assaulted the anilnal thereby causing or contributing to the alleged behavior; (2) Committed a willful trespass or other tort upon the private property of the Owner or caretaker of the animal; (3) Threatened or committed an unjustified attack or assault against the Owner, caretaker or person in control of the animal. 5 of 15 (4) Or any other mitigating factors deemed appropriate for consideration by the Animal Control Officer, Peace Officer or Hearing Officer. SECTION 5: Section 9.04.1 00 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is hereby amended to be entitled and to read as follows:. 9.04.1 00 Issuance of permit for dangerous animal. (a) No pennit obtained under this section is transferable. If the Owner's address or the location where the anilnal is kept changes or the Owner transfers ownership of the animal, the permit shall become null and void and an application for a new pennit must be sublnitted to the Animal Control Officer. (b) A pennit issued under this chapter is subject to renewal and approval each year and is subject to conditions and requirelnents existing as of the date of renewal. The pennittee shall pay an annual fee for this pennit pursuant to the procedures established by the Division of Animal Control Services. If permittee fails to file an application for renewal or pay the pennit fee prior to the pennit anniversary date the permit shall automatically become void. The fee for such permit shall be as set forth in section 9.04.200. This fee shall not be refundable. (c) If the Owner or permittee has a history oflnultiple violations of this Chapter 9.04 or of the conditions of any previously issued dangerous animal pennit, the Anitnal Control Officer or Hearing Officer may deny the pennit and impound the animal for appropriate disposition as determined by the Animal Control Officer or Hearing Officer. SECTION 6: A new section 9.04.105 is hereby added to Chapter 9.04 of Title 9 of the South San Francisco Municipal Code to be nUlnbered and entitled and to read as follows: 9.04.105 Hearing procedures. (a) Hearings held under this Chapter shall be conducted by a hearing officer or designated representative appointed by the Director of the Environmental Services Agency. The City of South San Francisco utilizes the services of the San Mateo County designated hearing officer to hold hearings under these anilnal control ordinances. The hearings shall be scheduled no less than five (5) working days and no Inore than fifteen (15) working days from the receipt of the request for the hearing unless agreed upon by the involved Animal Control Officer or Peace Officer and the anilnal Owner. A hearing may be continued if the Hearing Officer deems it necessary and proper or if the Owner, or Animal Control Officer and/or Peace Officer shows good cause. 6 of 15 (b) The hearing shall be conducted in an infonnal Inanner consistent with due process of law. Both the Owner of the anilnal and Animal Control Officer and/or Peace Officer may be represented by counsel. The parties may present relevant evidence and call and cross- examine witnesses. The strict rules of evidence shall not be applicable. Any relevant evidence may be adlnitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. The hearing shall be tape-recorded and all documentary evidence sublnitted at the hearing shall be preserved. Any party may arrange for a court reporter to be present. Any party desiring the presence of a court reporter shall make all necessary arrangelnents and shall be responsible for payment of all costs. ( c) The Hearing Officer may exclude disorderly or disruptive persons froln the hearing or Inake other orders as necessary to ensure the fair and orderly conduct of the hearing. (d) The Hearing Officer Inay decide all issues for or against the Owner of the anilnal should the Owner fail to appear at the hearing. (e) Within five (5) working days of the hearing, the Hearing Officer shall render a brief written decision, which decision shall be final at the adlninistrative level. The written decision shall be Inailed to the parties by celiified Inail and include a declaration or proof of Inailing which includes the date on which the decision was Inailed to the parties. (f) Unless the hearing officer for good cause otherwise detennines, the Owner of the animal is liable for all costs related to such hearing not to exceed three-hundred and fifty dollars ($350). (g) The failure to conduct a hearing required by this section shall have no bearing on any criminal prosecution for violation of any provisions of this chapter. (h) In the case of anilnals detennined by an Anitnal Control Officer or Peace Officer to be dangerous or vicious, the hearing officer Inay decide any or all of the following: 1) That the anilnal be designated "vicious" and the Owner of the animal lose all rights of ownership and control of the animal and the animal shall be hUlnanely destroyed. An animal designated as vicious will be held at the animal shelter for a minilnUln of five (5) calendar days frOtn the date of the hearing officer's decision, after which time it Inay be humanely destroyed without further notice to the Owner; 2) That the animal be designated "dangerous" and the Owner Inust apply for and obtain a dangerous animal permit as provided by this chapter within five calendar days of receipt of the decision letter in order to Inaintain the animal and the Owner must comply with all mandatory dangerous animal permit rules and regulations as defined in Section 9.04.1 I 0; 7 of 15 3) That the dangerous anilnal permit shall contain additional permit conditions to supplelnent the mandatory dangerous animal permit rules and regulations as defined in Section 9.04.110, including, but not limited to, the following: i) That the Owner keep the animallnuzzled at all tilnes when the animal is off the Owner's property; ii) That the Owner prove financial responsibility by posting a bond or certificate of insurance for an amount of $1,000,000 per anilnal as detennined by the Hearing Offi cer; iii) That the Owner provide private behavioral and obedience training to the animal, at the Owner's expense and within the tilne set forth by the Hearing Officer following the issuance of a dangerous animal permit. Proof of participation, a report of behavioral assesslnent, and/or a certificate of satisfactory cOlnpletion frOln an anilnal behaviolist or organization approved by the Hearing Officer shall be provided to the Animal Control Officer within seven calendar days following any required training; iv) That the Owner comply with any other pennit requirelnent the Hearing Officer deems necessary to protect the public health or safety; v) That the Owner reimburse the victim for the victim's medical expenses or the victitn anitnal' s veterinary expenses; vi) Pursuant to section 9.04.130 of this Chapter, that the dangerous animal permit be modified as ordered by the Hearing Officer, or revoked and the anilnal humanely destroyed. SECTION 7: Section 9.04.110 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is hereby amended to be entitled and to read as follows: 9.04.110 Mandatory dangerous anilnal permit requirements. Any Owner of a dangerous animal shall insure compliance with the following rules and regulations which shall be mandatory requirements for any dangerous animal pennit: (a) When the animal is off the property of its Owner, the Owner must ensure that the animal is restrained with a leash not to exceed four (4) feet in length and having a minimum tensile strength of 300 pounds and shall be under the direct control and supervision of the Owner or a person of such age, size and strength as can easily control such animal. Extraordinary care shall be taken by the Owner to ensure that such restraint is sufficient to control the animal in 8 of 15 a manner which it will not endanger other persons or animals. (b) The Owner shall maintain the anilnal so that it is not a threat to any Inail carrier, sanitation worker, meter person, or other person who has the lawful right to enter the property. ( c) The Owner shall ensure that the animal is not kept upon any unenclosed premise unless it is leashed and controlled by a person capable of controlling such anilnal. The Owner shall ensure that the aniInal is not tethered, tied or staked at any unenclosed prelnise. The Owner shall ensure that the anilnal is not kept in a house or structure when the windows or doors are open or screen doors are the only obstacle preventing the animal from exiting the structure. (d) The Owner shall ensure that the animal is kept in a fenced yard, kennel, run or enclosure approved by the Anilnal Control Officer or Peace Officer. The Owner shall ensure that all structures used to confine the animals are locked with a key or cOlnbination lock when such anilnals are within the structure. The Owner shall regularly inspect the fenced yard, kennel, run or enclosure to ensure that it is secure to maintain the anilnal. ( e) The Owner shall open prelnises upon which an animal is Inaintained at any reasonable hour for inspection by the Anilnal Control Officer or Peace Officer and said premises shall be surrendered for inspection by the Owner upon the request of the Anilnal Control Officer or Peace Officer. The Owner shall pay a fee for the costs incurred by County for the inspection or reinspection of property. Such fee shall be set forth in section 9.04.200. (f) The Owner of the dangerous animal shall post the entrances to the property where the animal is kept with a legible sign conspicuous to the public warning persons of the presence of a dangerous anilnal. The Owner of the dangerous animal shall obtain an approved sign fr01n the Animal Control Prograln for a non-refundable fee and shall surrender such sign in the event of the revocation of the permit, death of animal, or approved relocation of the animal, or upon any other reasonable demand by an Animal Control Officer. (g) The Owner of any dangerous anilnal Inust advise all melnbers who reside in the same household and on the Salne prelnises of the conditions established by the permit for keeping or Inaintaining said dangerous animal. (h) The Owner shall strictly comply with all local and state laws regarding the care, use, control and maintenance of animals. (i) In addition to a license, the Owner shall ensure that the animal shall at all times wear a separate tag issued by the Division of Anilnal Control Services, which designates it as a dangerous animal. The Owner shall ensure that the dangerous aniInal is micro chipped and registered with the Anilnal Control Prograln for a fee specified by Section 9.04.200 within thirty (30) calendar days from the date the permit was issued. The animal Owner shall be 9 of 15 responsible for paYlnent of said fee, \vhich shall be utilized by the Animal Control Program to offset the cost of the chip and to maintain the registration program. (j) The Owner shall have the animal spayed or neutered by a licensed veterinarian, at the Owner's expense, within fifteen (15) calendar days from the date the pennit was issued. The Owner shall present written proof to the Anilnal Control Officer that the surgery was performed. In the event an anilnal cannot be safely spayed or neutered due to medical reasons, the Owner shall present written proof frOln a licensed practicing veterinarian to the Animal Control Officer that said anilnal cannot be spayed or neutered. (k) The Owner Inay not sell, transfer or otherwise dispose of such anilnal to another County or City without notifying Anilnal Control at least twenty-four (24) hours before such sale, transfer or disposal. Anilnal Control will notify the proper authorities of the jurisdiction to which the dangerous animal is transferred. Should the Owner of a dangerous animal wish to transfer ownership of the anilnal to another individual within San Mateo County, the new Owner Inust sublnit to a property inspection, apply for and obtain a new dangerous anilnal permit, pay all requisite fees, and cOlnply with all provisions of this chapter and the requirelnents of the permit. (1) No In ore than two dangerous animals may be kept at anyone household. (In) The Owner shall not allow any anilnal designated "dangerous" as the result of aggression against hUlnan(s) to be kept on property or within a household in which a juvenile person under the age of eighteen resides. (n) The Owner of a dangerous animal Inust notify the Anilnal Control Officer of the anitnal's death within twenty-four (24) hours and shall produce the anilnal's body for verification upon request. The Owner of a dangerous anilnallnust notify the Anitnal Control Officer immediately in the event the anilnal becolnes lost or stolen. (0) The Owner Inust pay all pennit and property inspection fees as described in section 9.04.125 of this chapter. (p) The Owner shall comply with all other permit conditions or requirements ilnposed pursuant to section 9.04.105 or 9.04.090(a). SECTION 8: Section 9.04.120 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is hereby repealed and a new Section 9.04.120 is hereby added to be numbered and entitled to read as follows: 9.04.120 Possession of Animals after Revocation of Dangerous Anitnal Permit or Vicious Declaration. lOaf 15 No person who has been determined to be in possession or ownership of a vicious animal or a dangerous anilnal for which a permit has been revoked under this Chapter shall be granted any dangerous animal permit for a period of three years following such detennination or revocation. SECTION 9: A new Section 9.04.125 of Chapter 9.04 of the Title 9 of the South San Francisco Municipal Code is hereby added to be nUlnbered and entitled and to read as follows: 9.04.125 Inspection fee. A fee shall be charged for the costs incurred by County for the inspection or reinspection of property. The fee charged shall be paid by the Owner or person who has custody of the anitnal. Such fee shall be set forth in section 9.04.200. SECTION 10: Section 9.04.130 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is hereby entitled and atnended to read as follows: 9.04.130 Revocation or Inodification of penn it. (a) Subject to the provision of subsection (b), any permit issued pursuant to this section may be revoked or modified by the inclusion of additional requirelnents or otherwise, if the Anitnal Control Officer has reasonable cause to believe any of the following to be true: (I) The dangerous animal Owner or any person the Owner has allowed to have possession of the animal has violated any local animal ordinances, or is in violation of any zoning, health and safety or building ordinance or Penal Code section relating to the keeping, care or use of any animals; (2) The Owner or any person the Owner has allowed to have possession of the animal has violated any rules, regulations or conditions of this Chapter including but not limited to dangerous animal pennit conditions, or any requirement ilnposed by the Anilnal Control Officer, Peace Officer or Hearing Officer as necessary to insure the animal will not endanger the peace, health or safety of any person or property; or (3) The Owner has changed the location of his residence or his place of business or sells, assigns, transfers, donates, leases, or otherwise disposes of the animal for which the permit was issued. (b) In the event that it is reasonably necessary to protect against a threat to the health or safety of the public, or of any anitnal, the Anilnal Control Officer or Peace Officer Inay ilnpound or cause to be impounded the animal while an investigation is taking place. II of 15 ( c) If, after investigation, the Animal Control Officer or Peace Officer concludes that it is probable that one or Inore of the above grounds for revocation or Inodification of the pennit has occurred, the Officer shall cause written notice thereof to be translnitted to the Owner. Said notice shall specify the grounds of revocation or Inodification of the pennit. Should the Owner of the animal wish to contest the revocation or Inodification of the pennit, (s)he Inay request a hearing to be held before a hearing officer not previously involved with the pennit issuance or investigation, as designated by the Director of the Enviromnental Services Agency within five (5) calendar days of receiving the notice of intent to modify or revoke pennit. Said hearing date shall be not less than five (5) working days or Inore than 15 working days subsequent to the date the request for hearing is received. The hearing shall be conducted as set forth in section 9.04.105 of this Chapter. After the hearing, the Officer conducting the hearing may Inodify the terms of the pennit or revoke the pennit depending upon the Owner's ability to comply with the requirements of this Chapter and to control the anitnal so that the health, safety and property of the public are protected. (d) Upon written or oral notification by the Animal Control Officer, or Hearing Officer if a hearing was held, of any modifications to a dangerous animal pennit, the Owner shall ilnlnediately comply with such Inodified pennit requirelnents. ( e) Upon written or oral notification by the Anitnal Control Officer, or Hearing Officer if a hearing was held, of the revocation of a pennit for a dangerous animal, the Owner of such anitnal shall within two (2) calendar days of such notification surrender said animal to an Anilnal Control Officer to be hUlnanely destroyed or provide written proof to an Anilnal Control Officer in the fonn of declaration( s) under penalty of perjury that such animal has been pennanently relnoved froln the County of San Mateo and declaring the new location or new address where the anilnal is to be kept. SECTION 11: Section 9.04.140 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is hereby atnended to read as follows: 9.04.140 Animals to be ilnpounded. (a) Every animal kept or found by an Animal Control Officer or Peace Officer under conditions which constitute a violation of this Chapter or other state or local law Inay be impounded or caused to be impounded by an Animal Control Officer or Peace Officer. The animal's Owner shall be charged with all costs incurred or fees applicable with respect to such impoundlnent. (b) When the Animal Control Officer or Peace Officer has reasonable cause to believe that any animal is dangerous or vicious the Animal Control Officer or Peace Officer may also impound or cause to be impounded the anitnal and keep it for such period not to exceed fifteen (15) days in order to observe, examine and determine whether or not such anilnal is dangerous or vicious. 12 of 15 (c) Any anilnal subject to dangerous or vicious animal proceedings Inay be impounded at the discretion of the Animal Control Officer or Peace Officer pending notice, hearings and detenninations hereunder and until any required pennit is obtained. (d) Except as otherwise provided in this Chapter or state law, an impounded anilnallnay be redeelned by the Owner, after payment of the required fees and charges and compliance with licensing requirements. In the event such anilnal is not so redeelned within the tilne set forth by state law, it Inay be disposed of in the manner determined by an Anilnal Control Officer. SECTION 12: Section 9.04.150 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is hereby amended to be entitled and to read as follows: 9.04.150 Notice ofilnpounded aniInals. Within twenty-four (24) hours of the iInpoundlnent of any aniInal, the Anilnal Control Officer shall mail a written notice thereof to the place of business or residence of the Owner of the animal if known. In the event the animal Inay not be redeemed as provided by subsection (d) of section 9.04.140, the Owner Inay request a hearing under section 9.04.105, subsections (a) - (g) of this Chapter or applicable state law. The Animal Control Officer shall maintain records of said ilnpoundlnent pursuant to Section 9.04.180. SECTION 13: Section 9.04.160 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is hereby repealed. SECTION 14: Section 9.04.170 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is hereby repealed. SECTION 15: Section 9.04.180 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is hereby atnended to read as follows: 9.04.180 Record of ilnpounded anilnals. The AniInal Control Program shall keep a record of all animals itnpounded, which record shall include a description of the animal, the date of its receipt, the date and manner of disposal, the name of the person redeeming or purchasing, and the fees and charges and proceeds of sales received on account thereof, and such additional matters as may be necessary and incidental to itnplelnenting this Chapter. Such records shall be kept for four years. SECTION 16. Section 9.04.190 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is hereby amended to read as follows: 13 of 15 9.04.190 Redemption. (a) Except as otherwise provided by this ordinance or by any other law, the Owner or person entitled to the control or custody of any anilnal ilnpounded may, at any time before the sale or other disposition thereof, redeem the same by paying all proper fees assessed by Animal Control Services. Animal Control Services shall issue to the Owner duplicate receipts for the mnount of the fee paid. (b) Upon redelnption of any impounded unaltered anilnal, the Owner will be required to pay a spay/neuter fee in the mnount of $35.00 in addition to the ilnpound fees imposed under section 9.04.200. Such fee shall be refundable upon proof of spay/neuter of the animal within thirty (30) days of the redemption date. Any unaltered anilnal ilnpounded twice or Inore within a three-year period shall be altered at the Owner's expense prior to redelnption. At the option of the Owner, required spaying or neutering may be perfonned by a private veterinari an. (c) Any Owner of an ilnpounded anilnal subject to lnandatory spay/neuter under subsection (b) Inay petition, in writing, for a hearing conducted by the Animal Control Progrmn Manager or his or her designee within three days following notice of the second impoundment. The hearing shall be held within four working days of such petition and shall be subject to the provisions of section 9.04.1 05, subsections (a) (g). After the hearing, the hearing officer Inay require that the animal be spayed or neutered at the Owner's expense, unless the hearing officer determines that good cause exists for not requiring that the animal be spayed or neutered. SECTION 17: Section 9.04.260 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is hereby amended to be entitled and to read as follows: 9.04.260 Misdelneanor violations. (a) A person violating any provision of this Chapter shall be guilty of an infraction except as otherwise specifically provided. (b) A person violating any provision of subsection (a) of section 9.04.090 or subsection (a) of section 9.04.095 of this Chapter shall be guilty of a misdemeanor. SECTION 18: Unless specifically mnended herein, the remaining sections of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code shall remain in full force and effect. SECTION 19. 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. 14 of 15 SECTION 20. PUBLICATION AND EFFECTIVE DATE Pursuant to the provisions of Government Code Section 36933, a Summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Councillneeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the SUll11nary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council Inelnbers voting for and against this Ordinance or otherwise voting. * * * * * * Introduced at a regular Ineeting of the City Council of the City of South San Francisco, held the _ day of , 2005. 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. Mayor 15 of 15 taff ort AGENDA ITEM #4 DATE: Novelnber 9, 2005 TO: Honorable Mayor and City Council FROM: Barry M. Nagel, City Manager SUBJECT: Tennination of Crilninal Justice Council RECOMMENDATION: It is recommended that the City Council adopt a resolution authorizing the City Manager to execute an amendment to the Joint Powers Agreement Establishing the Criminal Justice Council of San Mateo County, which amendment would disband the Criminal Justice Council. BACICGROUNDIDISCUSSION In 1971, the county and the cities entered into a Joint Powers Agreement to establish the Criminal Justice Council of San Mateo County, the purpose of which was to administer programs and funding issued by the State Office ofCrilninal Justice Planning under the Federal Crime Control Act of1973. The Council has functioned effectively for Inore than thirty years. However, the funding for said programs no longer exists, and therefore there are no programs to be aruninistered by the Criminal Justice Council. Therefore, the governing body of the Criminal Justice Council has recommended that the JP A should be terminated and the Criminal Justice Council of San Mateo County should be disbanded. The JP A provides that upon termination of the Council, property and surplus money of the CIilninal Justice Council shall, subject to the provisions of any federal or state grant agreement, be returned to the parties in the same propol1ions in which such parties made contributions to the Council. The JP A provides that the agreement may be amended at any time by the wIitten agreement by and between the County and those signatory city governments representing collectively fifty percent (50%) of the total population within the County. The parties have agreed that the best course of action is to terminate the Joint Powers Agreement that established the Criminal Justice Council, to disband the Council, and to retunl the surplus funds ($2,185 for South San Francisco) pursuant to the formula set fOl1h in the agreelnent. (Attachment ill). Staff Report- November 9,2005 Subject: Resolution Approving the Amendment to the JP A disbanding the Criminal Justice Council Page 2 CONCLUSION Disbanding the Criminal Justice Council of San Mateo County is an efficient use of resources, in light of the changed political and fiscal circllinstances that have transpired in the thirty-five years since the Council was established. It should be noted that in keeping with the good work of the Criminal Justice Co~nci1, over the years, COlli1cil Members have requested that cities and the County consider the option of contributing their portion of the final fund balance to a worthy cause that supports prevention, intervention and/or treatment progranls within the COlmty. To that end, staff recommends that the City of South San Francisco donate its share of the nmd balance ($2,185.00) to Rape Traulna Services. Attachments: I Resolution II Amendnlent to the JP A III Redistribution Formula Attachment I SOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO THE JOINT POWERS AGREEMENT TERMINATING THE CRIMINAL JUSTICE COUNCIL OF SAN MATEO COUNTY AND TERMINATING THE RELATED JOINT POWERS AGREEMENT WHEREAS, the County of San Mateo and the cities in the county have entered into a Joint Powers Agreement (hereafter, "JP A") establishing the Crilninal Justice Council of San Mateo County, the purpose of which is to administer programs and funding issued by the State Office of Criminal Justice Planning under the Federal Crime Control Act of 1973; and WHEREAS, the funding for said programs no longer exists, and therefore there are no progrmns to be administered by the CriIninal Justice Council; and WHEREAS, the governing body of the Criminal Justice Council has recolnmended that the JP A should be tenninated and that the Criminal Justice Council of San Mateo County should be disbanded, and all parties have agreed to terminate the Joint Powers Agreelnent that' established the Criminal Justice Council; and WHEREAS, this Council has been presented for its consideration mld execution an amendment to the Joint Powers Agreelnent, which amendment would enable the termination of the Criminal Justice Council, reference to which is hereby Inade for further pmiiculm"s; and WHEREAS, this COlIDcil has examined and approved said A.1nendlnent as to both form and content and desires to enter into the smne. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council is hereby authorized and directed to execute said A.1nendment to the Joint Powers Agreelnent terminating the Criminal Justice COlIDcil for and on behalf of the City of South San Francisco, and the Clerk shall attest signature thereto. * * * * * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South Sml Francisco at a regular meeting held on the 9th day of November 2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk Attachment II AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT CREATING THE CRlJV[INAL mSTICE COUNCIL OF SAN MATEO COUNTY (TERMINATION OF JOINT POWERS AGREEMENT) ********************* WHEREAS, the parties have entered into a Joint Powers Agreelnent (hereafter, "JP A) establishing the Crilninal Justice Council of San Mateo County; and WHEREAS, Recital A and S I of the JP A specify that the purpose of the Criminal Justice Council is to adlninister programs and funding issued by the State Office of Criminal Justice Planning Under the Federal Crime Control Act of 1973; and WHEREAS, consistent with Recital B of the JP A, the State Office has designated the geographical area of the County of San Mateo as "Region H" for the purpose of adlninistering said pro grams' and funding; and WHEREAS, the ftulding for said programs no longer exists, and therefore there are no programs to be administered by the Criminal Justice Council; and WHEREAS, S II of the JPAprovides that the CriIninal Justice Council is governed by a governing body, whose membership is set forth in the JP A, and said governing body has recolnmended that the JP A should be tenninated and the Criminal Justice Council of San Mateo County should be disbanded; and WHEREAS, S VLF. of the JP A provides that upon termination of the Council, property and surplus Inoney of the Criminal Justice Council shall, subject to the provisions of any federal or state grant agreement, be returned to the parties in the same proportions in which such parties made contributions to the Council; and WHEREAS, S XI of the JP A provides that the agreement may be amended at any tin1e by the written agreement by and between the County and those signatory city governments representing collectively fifty percent (50%) of the total population within Region H; and WHEREAS, the p31iies therefore wish to tern1inate the Joint Powers Agreelnent that established the Crin1inal Justice Council. NOW THEREFORE IS IT AGREED AS FOLLOWS: 1. The Joint Powers Agreement establishing the Cri1ninal Justice Council of San Mateo County is hereby ternlinated. 2. This tennination will be effective upon the execution of this amendment by written agreelnent by and between the County and those signatory city govenmlents representing collectively fifty percent (50%) of the total population within Region H. 3. This aIllendn1ent nlay be executed in counterparts. 4. Upon tennination of the Joint Powers Agreen1ent, the property 311d surplus n10ney of the Criminal Justice Council shall, subject to the provisions of 311Y federal or state grant agreen1ent, be returned to the parties in the same proportions in which such parties n1ade contributions to the Council in FY 2004-2005. 5. Each nlen1ber of the Crinlinal Justice Council shall cOlnplete and execute the necessary Conflict of Interest Fornl 700 for leaving office. Agreed this _ day 2005. City of South San Francisco Attachment III Criminal Justice Council JPA Redistribution to Cities and County Estimated Final Fund Balance City/County Atherton Belmont Brisbane Broadmoor Burlingame Calma Daly City East Palo Alto F oster City Half Moon Bay HiUsborough Menlo Park Mill brae Pacifica Portola yalJey Redwood City San Bruno San Carlos San Mateo South San Francisco Woodside County of San Mateo JPA Contribution FY 04-05 Contribution Fund Balance Amount I Percent Amount I Percent Distr.jbution $1,298 1.1% $1,298 1.3% $492 2,316 1.9% 2,316 2.30/0 $878 545 0.50/0 545 0.5% $207 296 0.20/0 296 0.30/0 $112 3,197 2.7% 3,197 3.2% $1,212 224 0.2% 224 0.2% $85 7,035 5.9Ok 3,500 3.5(% $1,327 1 ,493 1.20/0 1,493 1.5% $566 3,083 2.60/0 3,083 3. 1 0/0 $1,169 1,016 0.8% 1,016 1.0% $385 1,981 1.7% 1,981 2.00/0 $751 3,652 3.1% 3,652 3.6% $1 ,384 1,906 1.6% 1,906 1.9%, $723 2,958 2.5% 2,958 3.0% $1,121 666 0.6% 333 0.30.10 $126 6,800 5.7% 6,800 6.8%) $2,578 3,297 2.8% 2,625 2.6% $995 2,892 2.4 oA> 21892 2.9% $1 ,096 8,428 7.0% 8,428 8.4% $3,195 5,765 4.8% 5,765 5.8% $2, 185 930 0.8% 930 0.90/0 $353 59,778 50.0% 45,000 44.9% $17,060 $119,556 100.0% $100,238 100.0% $381000 taff ort A GENDA ITEM #5 D.A.TE: TO: FROM: SUBJECT: Novelnber 9, 2005 Honorable Mayor and City Council Philip D. VVhite, Fire Chief A RESOLUTION AUTHORIZJNG ACCEPTANCE OF A DONATION FROlv1 GENENTECH AND APPROPRIATlNG THE FUJ\TDS TO THE FJRE DEPARTMENT BUDGET FOR USE AS PART OF THE 2005 FIRE PREVENTION WEEK PROGRAM RECOMMENDATION It is recommended that the City Council approve a resolution accepting the donation in the amount of $8,500.00 to apply towards the Fire Prevention VVeek program. BACKGROUND/DISCUSSION Genentech has donated a total of $8,500.00 to the Fire Department. The money will be applied towards the Fire Prevention Week program. FUNDING Funding from Genentech will be combined with other donation funds as necessary and the appropliate itelTIS "rill be purchased. This funding does 110t create any ongoing financial obligation for the City of South San Francisco. By: c l~t:f! '-/~/U ) l{ Philip D. JAB-JO/21/0S RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLlJTION AUTHORIZING ACCEPTANCE OF A DONATION FROM GENETECH AND APPROPRIATING THE FUNDS 1"0 TI-IE FIRE DEP ART'MENT BUDGET FOR USE i\S PART OF TI-IE 2005 FIRE PREVENTION \iVEEK PROGRAM WHEREAS, staff recommends the acceptance of a donation in the amount of $8,500.00 from Genentech to the Fire Depaliment Budget for use as part of the 2005 Fire Prevention Week Program; and WHEREAS, the funds will be combined with other donation funds as necessary for the purchase of appropriate items. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes acceptance of the donation from Genentech to add to the Fire Department's budget. * * * * * 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 nleeting held on the_ day 2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk 790227-1 taff p rt AGENDA ITEM #6 DATE: Novelnber 9~ 2005 TO: The Honorable Mayor and City Council FROM: TelTY White~ Director of Public Works SUBJECT: SOLID WASTE DISPOSAL AND RECYCLING PROGRAM: CITY AND COUNTY PAYMENT PROGRAM RF,rOMMRNnA TION: It is recommended that City Council adopt a resolution to accept funding provided by the Department of Conservation in the amount of $16,504.00 for the Solid Waste Disposal and Recycling Program. BACKGROUND/DISCUSSION: The Depmin1ent of Conservation, Division of Recycling, Comlnunity Outreach Branch, and Regional Recycling Assistance Inakes available funds to assist in recycling awm'eness. Public Works applied successfully for grant funds and was awarded $16,504.00. The outreach goals identified by the City of South San Francisco were as follows: increase diversion of beverage containers by 150/0 in the con11nercial sector targeting hotels, n10tels and n1ulti-tenant office buildings; prOll1ote recycling to building owners, n1anagers, tenants/guests, and custodians through outreach including presentations and infonnational and pron10tional n1aterials. Provide interior recycling containers m1d Inulti -lingual signage. South San Francisco Scavenger Con1pany will be ilnplelnenting the recycling progrmn goals and disbursen1ent of the grant funds. FUNDING: Funding for this project is through a grant provided by the Departn1ent of Conservation Division for Recycling in the an10unt of $16,504.00. The grant funds will be issued to the South San Francisco Scavenger Con1pany for in1plelnenting the recycling progrmn. Staff Report Subject: Solid Waste Disposal and Recycling Progrmn Page 2 By: ) (;7__ a Lv/~ut APprove~cS.v ' ()p " M. Nagel City Manager Director of Public Works Attachn1ents: Resolution TW /deb RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE ACCEPTANCE OF FUNDS PROVIDED BY THE DEPARTMENT OF CONSERVATION IN THE AMOUNT OF $16,504 FOR THE SOLID WASTE DISPOSAL AND RECYCLING PROGRAM WHEREAS, staff recomlnends the acceptance of grant funds from the Depmilnent of Conservation in the amount of $16,504 for the Solid Waste Disposal and Recycling Program; and WHEREAS, the grant funds will be issued to the South San Francisco Scavenger Company for implementing the recycling progrmn. 1'JO\V, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes the acceptance of funds provided by the DepartInent of Conservation in the amount of $16,504 for the Solid Waste Disposal and Recycling Program. * * * * * 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 regular Ineeting held on the day of 2005 by the following vote: AYES: NOES: ABSTAIN: ATTEST: City Clerk 790364-1 taff ort AGENDA ITEM #7 DATE: November 9,2005 TO: Honorable Mayor and City Council FROM: Jim Steele, Director of Finance SUBJECT: RESOLUTION ENDORSING THE FORMATION OF A RISK MANAGEMENT PROGRAM FOR THE CITY OF SOUTH SAN FRANCISCO RECOMMENDA TION: It is recommended that the City Council approve the attached resolution endorsing the formation of a risk management program under the guidelines recommended by the City's self insurance pool, the Association of Bay Area Governments Pooled Liability Assurance Network (ABAG PLAN). BACKGROUND/DISCDSSION: The City of South San Francisco is a member of the ABAG PLAN self-insurance pool, along with approximately 30 other cities in Northern California. Besides buying property insurance through this pool, the ABAG PLAN provides general liability coverage to the City with a $100,000 deductible per claim. General liability claims include items such as sidewalk trip and fall claims and sewer backup claims with up to a maximum of $10 million per claim. In addition, the ABAG PLAN provides risk management advisory services to client cities in such areas as defensive driver training, workplace violence prevention training, sample "best practices" policies for consideration, and support in program development such as providing sewer backflow prevention devices to households and businesses to reduce sewer claims. As part of its proactive risk management prevention program for member cities, the ABAG PLAN Board of Directors, on which the City's Finance" Director sits, approved a proposal by ABAG staff to encourage all member cities to take a more proactive stance in risk management. The first step in ABAG's recommended set of action steps is for the City Council to endorse a Risk Management Policy for the City of South San Francisco. The attached resolution addresses that ABAG recommendation. Later required steps which staff will implement this fiscal year, include: . Appointment by the City Manager of a Risk Management Coordinator for the City. The City Manager will appoint the Finance Director to this function. Staff Report Re: Resolution Endorsing the Formation of a Risk Management Program for the City of South San Francisco Date: November 9, 2005 Page: 2 of 2 . The City Risk Management Coordinator will create a Risk Management Committee comprised of key staff in operating areas that deal with public liability risk (police, fire, public works, recreation, etc.) and conduct quarterly meetings., . The role of the Risk Management Committee is to: develop an annual set of risk management goals and objectives for the organization; analyze liability claim trends and implement risk managelnent practices to minimize risk exposure; identify key areas where changes could be iInplemented to reduce the City's liability exposure; provide feedback to the City's senior management and operating departments on risk management. FISCAL IMPACT: Adopting a risk management policy will result in a $10,000 refund in ABAG dues this year for the City of South San Francisco. Prepared by: ~ Jirn!$teele Fin~nce Director Approved bY~ '- cg Barry M. N age City Manager ATTACHMENT: Resolution JS/BN :ed RESOLUTION NO. CITY COUNCIL CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO ENDORSING THE ADOPTION OF A RISK MANAGEMENT PROGRAM WHEREAS, the City of South San Francisco is a member of the Association of Bay Area Governments Pooled Liability Assurance Network (ABAG PLAN); and WHEREAS, ABAG PLAN provides general liability and property damage coverage to its members; and WHEREAS, ABAG PLAN has recommended that a risk managen1ent policy be established in each Inember public agency to accomplish certain goals with regards to general liability and property darnage. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco does hereby endorse the adoption of a risk management prograrn to preserve its resources from the risk of accidental loss. The major goals of this risk management program should be: II To reduce the risk of loss in the areas of general liability and property damage; II To apply responsive claims management techniques to losses that do occur; IiIl To' protect the City budget 'from catastrophic losses, or an annual accumulation of losses that would cause financial hardship; and DII To encourage departments to review risk management matters on a regular basis and take appropriate corrective actions. The City Council hereby delegates overall responsibility for the risk management program to the City Manager. The City Manager may designate a City Risk Manager. The Risk Manager shall be the City's liaison with ABAG Plan. The City lvIanager and/or Risk Manager shall appoint a Risk Management Committee (the Committee) consisting of departmental managers with sufficient authority to recommend actions needed to effect changes. The Committee will meet periodically, and will develop a systematic process to identify, measure and control loss exposure. 789920-1 PASSED AND ADOPTED at an adjourned meeting of the City Council of the City of South San Francisco on by the following vote: AYES: NOES: ABSTAIN: ABSENT: 789920-1 ATTEST: City Clerk taff art AGENDA ITEM #8 DATE: TO: FROM: Novenlber 9, 2005 Honorable Mayor and City Council Mark Raffaelli Chief of Police SUBJECT: SAN MATEO COUNTY NARCOTICS TASK FORCE JOINT POWERS AGREEMENT RECOMMENDATION It is recommended that City Council adopt a resolution approving Ininor modifications to the San Mateo County Narcotics Task Force (NTF) Joint Powers Agreement (JPA) and authorizing the City Manager to execute the JP A. BACK.GROUND/DISCUS SION For the past 21 years, the San Mateo County Narcotics Task Force has benefited public safety in the County through coordinated effolis to cOl11bat drug trafficking. The NTF Board of Directors recently conducted a systenlatic review of the 1984 JP A and the 1988 First Amendlnent and is recommending several minor changes that will be included in the Second An1endn1ent to the JP A. . The recOlmnended changes are: · Delete the date by which staff is required to prepare the budget. The date of the preparation of the budget is not in1pOliant as long as the budget is presented to and approved by the NTF Board before the stati of the fiscal year. · Change the start of the Task Force's Fiscal year from October 1 to July 1, which is in line with the practices of the nlenlbel~ agencies. · Modify the outdated description of the procedure by which the County notifies the Inember agencies of the at110unt of their contributions. The n10dified version describes the way this procedure actually works and has worked for the last several years. . Change the date by which patiies need to give notice oftennination to April 30, in light of the change of the begiIuling of the fiscal" year. · Remove the "$250,000" reference to the County's self-insured retention (deductible) in the insurance section. The County's SIR has fluctuated in recent years due to n1arket conditions, and this change will allow the Task Force to continue to be covered by the County's insurance if the County's. deductible changes frorl1 til11e to tilne. Staff Report Subject: San Mateo County NTF JP A Page 2 FISCAL llv[P ACT None By: Mark Raffaelli Chief of Police Attacmnents: Resolution Agreen1ent RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE JOINT POWERS AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE COUNTY OF SAN MATEO NARCOTICS TASKFORCE WHEREAS, on March 26, 1985, the City entered into a Joint Powers Agreelnent which created the San Mateo County Narcotics Task Force; and WHEREAS, that Joint Powers Agreen1ent was first mnended on Febluary 23, 1988; and WHEREAS, the San Mateo County Narcotics Task Force Board of Directors recently fmiher amended the Joint Powers Agreelnent. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council approves the San Mateo County Narcotics Task Force Joint Powers Agreelnent as amended. BE IT, FURTHER RESOLVED that the City Manager is hereby authorized to execute the Agreement mnendment 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 789916-1 SECOND AMENDMENT TO JOINT POWERS AGREEMENT ESTABLISHING THE SAN MATEO COUNTY NARCOTICS TASK FORCE THIS AMENDMENT to the agreelnent dated March 26,1985, by and between the COUNTY OF SAN MATEO, hereinafter refened to as "County," and the signatories to said agreen1ent, hereinafter refened to as "City" or "Cities"'; WITNESSETH: WHEREAS, the parties have entered into a Joint Powers Agreelnent dated March 26, 1985, (Resolution No. 46673) which created the SAN MATEO COUNTY Ni\RCOTICS TASK FORCE; and WHEREAS, that Joint Powers Agreelnent was first mnended on February 23, 1988 (Resolution No. 50097) WHEREAS, it has become apparent that certain changes should now be nlade to the Joint Powers Agreelnent, and it is therefore the intention of the parties to further anlend said agreement; NOW, THEREFORE, IT IS HERE AGREED: 1. The Introductory paragraph of the joint powers agreement is hereby mnended to read as follows: "THIS AGREEMENT by and between the COUNTY OF SAN MATEO (hereinafter referred to as the "County") and those cities and law enforcelnent agencies within the County of San Mateo who become signatories to this agreelnent (hereinafter refened to as "the Cities" or "City" as the context requires), is made in light of the following recitals:" 2. Section 6 of the joint powers agreement is hereby mnended to read as follows: be entitled to the retUTIl of any funds contributed to the Narcotics Task Force nor to the retUTIl in cash or in kind of any Inaterials or supplies (other than vehicles or conll11unication equiplnent) until tennination of this agreen1ent. If a party withdraws froln this agreenlent, its elnployees shall cease working for the Narcotics Task Force on the effective date of such a paliy's withdrawal. If a party fails to make its contIibution of either personnel or money in accordance with Section 7 of this agreement, it will be deenled to have withdrawn as of the end of the fiscal year in which it last nlade its contIibution. 4. Section 20 of the joint powers agreement is hereby amended to read as follows: 20. Insurance. The County shall continue to add the Narcotics Task Force to its excess liability insurance coverage and shalllnaintain such coverage in full force and effect during the life of this agreement. Said excess liability insurance coverage has a self-insured retention by the County. County shall provide for the defense of any claims or litigation against the Narcotics Task Force or its permanently assigned persoilllel within the self-insured retention. Pennanently assigned persolll1el are those persons working under the supervision and direction of the COlllinander. Legal representation for any such claims or litigation will ordinarily be provided by the office of the County Counsel. Any out-of-pocket expenses or loss by way of judgment or settlement, arising out of the acts or omissions of the Narcotics Task Force and its permanently assigned personnel within the limits of the County's self-insured retention, shall be shared by the patiies in accordance with the following formula: Fifty percent (50%) to be paid by the County and Fifty percent (50%) to be paid by the Cities in accordance with the formula set forth in ATTEST: Clerk of City Council ATTEST: Clerk of Town Council ATTEST: Clerk of City Council ATTEST: Clerk of City Council ATTEST: Clerk of City Council ATTEST: of City Council CITY OF BURLINGAME By: Mayor CITY OF COLMA By: Mayor CITY OF DALY CITY By: Mayor CITY OF EAST PALO ALTO By: Mayor CITY OF FOSTER CITY By: Mayor CITY OF HALF MOON BAY By: Mayor ATTEST: Clerk of City Council ATTEST: Clerk of City Council ATTEST: Clerk of City Council ATTEST: Clerk of Town Council ATTEST: CITY OF SAN CARLOS By: Mayor CITY OF SAN MATEO By: Mayor CITY OF SOUTH SAN FRANCISCO By: City Manager TOWN OF WOODSIDE By: Mayor BROADMOOR POLICE PROTECTION DISTRICT By: COlmnissioner taff art AGENDA ITEM #9 DATE: November 9, 2005 TO: The Honorable Mayor and City Council FROM: Marty Van Duyn, Assistant City Manager SUBJECT: INSTALLATION OF STOP SIGNS ON ALTA VISTA DRIVE AT CONMUR STREET RECOMMENDATION: It is recommended that the City Council adopt a resolution authorizing the installation of stop signs on Alta Vista Drive at Conmur Street. BACKGROUND/DISCUSSION: In September of this year, staff received a request for installation of stop signs on Aha Vista Drive at Conmur Street due to sight distance limitations. This is a four-way intersection with Conmur Street running in the north/south direction and Aha Vista Drive in the east/west direction. Currently, there are stop signs on Conmur Street and no stop signs on Aha Vista Drive. The Traffic Advisory Committee (T AC) reviewed this request at its Septelnber meeting and determined that this intersection does not meet the City's guidelines for stop sign installation based on Caltran's warrant analysis. However, a field study of the intersection concluded that the sight distance for Conmur Street is less than recommended minimum values. The limited sight distance is due to a vertical curve just east of the intersection on AIta Vista Drive and existing shrubbery/fences at the corners. TAC recommended that the Engineering Department review this issue and make the final recommendations. Based on engineering judgment and in order to increase public safety at this intersection, it is recommended that the City Council approve the installation of stop signs on Alta Vista Drive at COililiur Street. ' Please refer to Exhibit 1 as it displays the existing condition and the proposed recommendation for the installation of the stop signs.. Staff Report Subject: INSTALLATION OF STOP SIGNS ON ALTA VISTA DRIVE AT CONMURSTREET Page 2 of2 FUNDING: No additional funding would be necessary to install the stop signs at this location. The stop sign and pole are in stock with the Street Maintenance Division and the time used to install the sign and pavelnent markings would be charged to general street maintenance. By: ~ Marty Van DU~ Assistant City Manager -------. Approved: Attachments: Resolution Location Map Exhibit 1 RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE INSTALLATION OF STOP SIGNS ON ALTA VISTA DRIVE AT CONMURSTREET WHEREAS, on September of this year, staff received a request for the installation of stop signs at the intersection of AIta Vista Drive and Conmur Street; and WHEREAS, the Traffic Advisory Comlnittee ("T AC") reviewed the request at its September meeting and detelmined that the intersection does not meets the City's guidelines for stop signs installation based on CaItran's warrant analysis. However, a field study of the intersection concluded that the sight distance for Conmur Street is less than recommended minimum values. The limited sight distance is due to a vertical curve just east of the intersection on AIta Vista Drive and existing shrubbery/fences at the corners. T AC recommended that the Engineering Department review this issue and make the final recommendations; and WHEREAS, based on engineering judgment and in order to increase public safety at this intersection, it is recommended that the City Council approve the installation of stop signs; and WHEREAS, no additional funding is required to complete the installation, as the required stop sign and support pole are in stock with the Street Maintenance Division and time used shall be charged to general street maintenance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council approves the installation of stop signs on AIta Vista Drive at Conmur Street. * * * * * 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 regular meeting held on the day of , 2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Clerk 789924-1 NEW STOP SIGN INSTAllATION CONMUR ST. CONMUR ST. 0::: o <t: I- U) > <t: I- --.l <t: (J) -l o tJ ~ ;:tJ EXISTING 0::: o <t:' I- U) > <t: I- --.l <t: R1-.-- d01S STOP --"-R1 , 0... o f- (/) ~ , 0... o f- (/) 300' ~ --"- W3-1 a (W17) PROPOSED AL TA VISTA DRIVE AT CONMUR STREET -L R1 = STANDARD 36" STOP SIGN MOUNTED ON A 2" DIA. POLE -LW3-1a (W17) = STANDARD 36" STOP AHEAD SIGN MOUNTED ON A 2" DIA, POLE fl\STf\H r,EPOHTS\2005\05 '; inm::t1la conr'llIJLchnq EXHIBIT 1 taff eport AGENDA ITEM #10 DATE: November 9, 2005 TO: The Honorable Mayor and City Council FROM: Marty Van DUYI1, Assistant City Manager SUBJECT: GENERAL BUILDING AIRCONDITIONING RETROFIT PROJECT: ENGINEERING FILE NO. 71-13235-0251, PROJECT NO. SS-04-2, BID NO. 2347 RECOMMENDATION: It is recommended that the City Council, by motion, accept the General Building Air- conditioning Retrofit Project as complete in accordance with the plans and specifications. BACKGROUND/DISCUSSION: The project replaced the air-conditioning system located at the Water Quality Control Plant General Blower Building 1 with an efficient new air-conditioning system. The system also included all new ducts, roof platforms and supports, programmable monitoring thermostats, and all necessary upgrades to conform to the current uniform building code requirements. When the new air-conditioning system was installed and tested, staff and WQCP maintenance personnel noticed the heat generated at the adjacent electrical room is significant even with the amount of cold air coming from the new air-conditioning system. Staff took heat readings and found the heat generated at this area near the maximum limit. Since the electrical room controls the power of all the equipment in the building, staff and WQCP maintenance personnel decided to install a dedicated new split type air- conditioning system for the electrical room. After the installation and testing of the new split type air- conditioning system, the heat readings are below the maximum limit insuring a climate-controlled environment. The project was inspected by City staff and completed in accordance with the plans and specifications. The project has a one-year warranty period, which takes effect upon acceptance by the City Council. Staff will file a Notice of Completion and release the payment performance bond and retention at the end of the thirty-day lien period. Staff Report SUBJECT: GENERAL BUILDING AIRCONDITIONING RETROFIT PROJECT: ENGINEERING FILE NO. 71-13235-0251, PROJECT NO. SS-04-2, BID NO. 2347 FUNDING This project was included in the City of South San Francisco's 2004 - 2005 Capital Inlprovement Program. Sewer Funds in the amount of $100,000.00 were budgeted for this project. The actual constnlction cost for the project was $79,640.00. Marty Van DuYll Assistant City Manag J Approved bX~, "'-( '- c. fJ ~ M. Nagel City Manager AGENDA ITEM #11 CITY COUNCIL 11. Motion to cancel regular City Councillneeting of Wednesday, Novelnber 23, 2005 ~'tli S~ ~ a ("1 :>-0 ....... ~ ~ u a C' \.~ 4lIFORY- CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 DRAFT NOTICE OF CANCELLATION of Regular Meeting WEDNESDAY, NOVEMBER 23, 2005 7:30 P.M. NOTICE IS HEREBY GIVEN, that the regular meeting of the City Council of the City of South San Francisco scheduled for Wednesday, Novelnber 23, 2005, at 7:30 p.m., in the Municipal Services Building, Comlnunity ROOln, 33 Arroyo Drive, South San Francisco, California, has been cancelled. The next regular Ineeting of the City Council of the City of South San Francisco will be held on Wednesday, D_ecember 14,2005, at 7)0 p.ln.; in the Municipal Services Building, Comlnunity ROOln, 33 Arroyo Drive, South San Francisco, California. City Clerk Posted: November 10,2005 taff ort AGENDA ITEM #13 DATE: TO: FROM: SUBJECT: November 9, 2005 Honorable Mayor and City Council Susan Kennedy, Assistant to the City Manager RESOLUTION APPROVING A FARMERS' MARKET AT KAISER PERMANENTE, SOUTH SAN FRANCISCO, FOR KAISER EMPLOYEES AND MEMBERS RECOMMENDATION It is recommended that the City Council adopt a resolution granting approval to Kaiser Permanente, South San Francisco, to operate a Farmers' Market for their employees and members as a supplement to their THRIVE program and authorizing the City Manager to execute the appropriate agreements. BACKGROUND/DISCUSSION In August of this year, staff reco111lnended Council allow Kaiser South San Francisco to operate a Fanners' Market on an eight (8) week trial basis in conjunction with their THRIVE program. During the eight week trial period, staff visited the market periodically to evaluate the impact, if any, to the surrounding area. The local Kaiser lnarket is on a small scale with approximately five to seven (5-7) vendors which include a variety of fruits and vegetables, flowers, handmade baskets, taInales and Indian cuisine and some fonn of entertainment. The goals of the Kaiser markets are to serve the melnbers and staff of Kaiser Permanente by providing them with easy access to fresh, nutritious fruits and vegetables. I(aiser South San Francisco has an ideal opportunity to promote this concept since their proposed market will coincide with a weight management class being offered to employees on Tuesdays, the SaIne day as the proposed market. When our staff has visited the Kaiser market, participation by their employees has been quite evident and overall attendance seems to average around 350 people. The Kaiser market does not interfere with the existing South San Francisco Farmers' Market aIld in fact, would create an opportunity to cross-promote our Saturday market to K.aiser employees and members. It can also have a positive impact on City employees who are members of Kaiser and will have access to the Tuesday market as well. CONCLUSION Staff recommends Council allow this market to continue operating on a permanent basis with Kaiser agreeing to continue to abide by the original Conditions of Approval created for the trail period. The market will occur on Tuesdays between the hours of 10:00 AM and 2:00 PM. Current plans are for this market to exist year round. Staff Report Subject: (FARMERS' MARKET AT KAISER SSF) Page 2 FISCAL IMP ACT There is no fiscal impact to the City of South San Francisco. By: Approved: ~~ ~ (~S[j . . agel ( City Manager ~ Susan E. Keluledy Assistant to the City Manager Attacrunent: Resolution Conditions for Market Operation RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION GRANTING APPROVAL TO KAISER HOSPITAL TO OPERATE A FARMERS' MARKET FOR THEIR EMPLOYEES AND CLIENTS AND AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS NECESSARY FOR THE OPERATION OF THE MARKET WHEREAS, the Pacific Coast Fanners' Market Association has partnered with Kaiser Pennanente ("Kaiser") for the past three years to bring small-scale Fanners' Markets to Kaiser facilities around the Bay Area, allowing a small number of vendors to serve the members of Kaiser staff and patients with access to fresh and nutritious fruits and vegetables; and WHEREAS, Kaiser wishes to introduce a similar market at its South San Francisco facility; and WHEREAS, the proposed market would be open from lOAM to 2 PM on Tuesdays and would not interfere with the existing Farmers' Market currently open on Saturdays, and would create a cross-marketing opportunity to publicize the Saturday market to Kaiser employees and members; and WHEREAS, staff recommends that the market be allowed to operate subject to the conditions of approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves the operation of a Farmers' Market at Kaiser Permanente by the Pacific Coast Fanners' Market Association subject to the conditions of approval attached hereto. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute any agreements necessary to effectuate the Fanners' Market 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 regular meeting held on the 10tl1 day of August 2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk 774098-1 KAISER PERMANENTE FARMERS' MARKET CONDITIONS Kaiser Permanente, South San Francisco (Kaiser) has requested pennission to offer a Farmers' Market to their staff and lnelnbers on Tuesdays from 10:00 AM to 2:00 PM at their facility located at 1200 EI Camino Real. The City Council has authorized the Market to take place on an ongoing basis as of November 9, 2005, subject to conditions set forth by the City of South San Francisco. FINDINGS: 1. The establishment, Inaintenance and operation of the proposed use should not, under any circumstances of this case, be detrimental to the public health, safety, peace, morals comfort or general welfare of persons residing or working the neighborhood because the proposed use will be lilnited in capacity and will be subject to City regulations and standards regarding site security, noise, traffic/circulation and parking. 2. The establishment and operation of the proposed use should not be' detrimental or injurious to property or improvements in the neighborhood because the proposed use will be subject to limitations relating to capacity and hours of operation. The use will also be required to nlaintain clear fire lanes at all tilnes to ensure elnergency vehicle access and is subj ect to traffic/circulation controls based on the judgment of the Traffic Engineer. 3. The establishment and operation of the proposed Market should not be detritnental to the general welfare of the City because the Farmers' Market is intended to support Kaiser's overall goal of iInproving the health of the communities they serve through the sale of healthy foods, such as produce and other nutritional food products. The existing Kaiser parking structure lies within the proposed site and will provide ample parking for K.aiser employees and Inembers visiting the market which should minilnize potential vehicle parking and traffic impacts to surrounding neighborhoods. 4. The event shall occur only on Tuesdays between the hours of 10:00 AM and 2:00 PM with a rnaximUln often (10) vendors. 5. Kaiser is responsible for Inanaging the event to ensure it does not cause negative parking, noise, safety or other impacts to the surrounding neighborhood/ c0111lnunity. 6. The conditions of approval for this event Inay be revised or revoked by the City of South San Francisco at any time if a detem1ination is made that the event is creating detrimental impacts to the health, safety and/or general welfare of the surrounding neighborhood/community. CONDITIONS OF APPROVAL: 1. The Kaiser Farmers' Market event may occur only on Tuesdays between the hours of 10:00 AM through 2:00 PM. Vendors shall not arrive or setup prior to 8:00 AM. 2. Kaiser and its Market provider shall clean-up all trash and debris within the sales event area prior to and following each event. 3. In order to minimize conflict with traffic flow and patient drop off and pick up, Kaiser staff or the market manager will assign someone to direct each of the vendor vehicles in and out of the site in order to control potential conflicts with pedestrian and auto traffic. 4. All designated fire lanes and driveway aisles leading to/from or connecting with the site shall ren1ain clear and accessible at all times to accommodate emergency vehicle access during the operational hours of the sales event. 5. At no time shall the unloading/loading of goods associated with the market events obstruct the flow of traffic on a public street or obstruct any first lanes or driveway aisles leading to/fron1 or connecting with the site. 6. K.aiser Inembers and employees shall be directed to use the existing Kaiser parking structure on site for parking. All vendors will be directed to the top floor of the Kaiser parking structure upon unloading their produce itelns. 7. Live bands and any entertainment associated with the Market shall be lin1ited in scope and shall be conducted within a reasonable noise level. Music shall be played only during the hours of market operation. 8. Vendors or sales not associated with the farmers' market activity shall not be allowed. 9. Kaiser and Pacific Coast Farmers' Market Association (PCFMA) shall secure all required pennits from San Mateo County Health Department prior to the commencement of said Inarket events. 10. No off-site signage is allowed. 11. Kaiser and PCFMA agree to cross-promote the City of South San Francisco's Fanners' Market, held on Saturday mornings from May through Novelnber. 12. This agreement is agreed to by: Linda Jensen Area Manager, I(aiser Permanente Barry M. Nagel City Manager taff AGENDA ITEM #14 port DATE: November 9, 2005 TO: Honorable Mayor and City Council FROM: Jim Steele, Director of Finance SUBJECT: TRANSMITTAL OF FIRST QUARTER 2005-06 FINANCIAL REPORT AND RESOLUTION AMENDING THE 2005-06 GENERAL FUND OPERATING BUDGET RECOMMENDATION: It is recommended that the City Council approve the attached resolution amending the 2005-06 operating budget for the changes discussed in the attachments to this staff report. BACKGROUND/DISCUSSION: This staff report transmits the first quarter 2005-06 financial results, and recOlmnends changes to certain revenues in the 2005-06 General Fund operating budget. The changes are detailed in the attachments, with the largest being to increase Vehicle License Fees (VLF) by $1,047,000 to reflect early repayment of funds withheld by the state in the past. These revenues are discussed more thoroughly in the Quarterly Financial Report. FISCAL IMPACT Staff projects that the General Fund will end the fiscal year with a net operating budget surplus of $845,000, before expenditures for capital improvements and debt service. If the one-time VLF loan repayment was backed out, the General Fund would have an operating deficit of $202,000. However, the Council may recall this year's budget includes the final year of the temporary transfers to the State (ERAF III transfers) of $1.0 million. On an ongoing basis, that is, when the temporary ERAF III transfer of $1.0 million expires after this year, the General Fund operating budget would have a net surplus of $798,000, before expenditures for capital improvements and debt service. The General Fund Undesignated Reserve is projected to end the year at $4.79 million. Staff Report Subject: Transmittal of First Quarter 2005-06 Financial Report and Resolution Amending the 2005-06 General Fund Operating Budget Date: November 9, 2005 Page: 2 of 2 Prepared by: Jim Ste Finane Approved by: ATTACHMENTS: Resolution First Quarter General Fund Operating Budget Details (Attachment A) First Quarter Reserves (Attachment A-I) First Quarter Repoli (Attachment B) Transient Occupancy Tax Summary (Attachment C) JS/BN:ed RESOLUTION NO. CITY COUNClL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AMENDING THE 2005-06 GENERAL FUND OPERATING BUDGET TO INCREASE GENERAL FUND REVENUES BY A TOTAL OF $1,176,672 WHEREAS, it is recommended that the City Council review the 2005-06 1st Quarter Financial Report and approve the 1 st Quarter 2005-06 General Fund Operating Budget Amendment Changes included as "Attachn1ent A" hereto, and shown in the "Variance" column of that attachment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco that the City Council hereby amends the 2005-06 General Fund Operating Budget to increase General Fund Revenues by a total of $1,176,672. * * * * * 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 789929-1 Attachment A 1st Quarter 2005-06 General Fund Operating Results Unaudited Amended Year-End Adopted Amended 2005-06 Variance Actual Actual Budget Actual Budget Budget Projection Favorable 2002-03 2003-04 2004-05 2004-05 2005-06 2005-06 as of 1st Qtr {Unfavorable} Revenues and Other Financing Sources Property Taxes 9,622,976 10,732,355 10,827,000 11,073,523 11,538,588 11,538,588 11,538,588 ERAF One Time Refund from County 537,460 1,337,000 1,337,000 650,000 650,000 650,000 Sales Tax 12,194,963 11,287,900 11,207,000 10,975,749 11,525,384 11,525,384 11,405,384 -120,000 Transient Occupancy Tax 3,917,243 3,945,974 4,450,000 4,518,293 4,800,000 4,800,000 4,950,000 150,000 Motor Vehicle In Lieu Fees 3,622,146 2,780,323 2,965,405 2,977,291 2,735,600 2,735,600 3,782,272 1,046,672 Revenue from Other Agencies 1,286,721 1,220,479 1,221,813 1,215,737 1,238,536 1,361,838 1,361,838 Franchise Fees 1,873,804 2,602,529 2,710,000 2,761,183 2,850,000 2,850,000 2,850,000 Business License 1,878,853 1,579,865 1,700,000 1,736,742 1,625,000 1,625,000 1,625,000 Building and Fire Permits 2,054,709 2,459,659 2,518,240 2,514,234 2,790,000 2,790,000 2,890,000 100,000 Charges for Services 4,554,519 5,925,338 5,172,345 4,970,408 5,456,900 5,456,900 5,456,900 Fines 907,768 1,061,231 1,015,000 971,050 1,083,000 1,083,000 1,083,000 Interest 1,053,492 445,671 420,000 433,429 476,000 476,000 476,000 Net Change in Investment Value (304,194) -19,501 Rent 1,832,252 2,342,600 2,494,000 2,485,931 2,450,000 2,450,000 2,450,000 Administrative Charges 1,651,311 1,847,868 2,135,000 2,133,950 1,986,774 1,986,774 1,986,774 Other 468,139 543,992, 573,271 638,016 590,981 590,981 590,981 Transfers In 1,168,236 1,406,422 2,710,050 2,837,897 2,123,500 2,285,921 2,285,921 Total Revenues: $ 48,087,132 $ 50,415,471 53,456,124 53,560,932 53,920,263 54,205,986 55,382,658 1,176,672 Plus Prior Year Carryovers 371,816 371,816 Total Revenues and Other Financing Sources $ 48,087,132 $ 50,415,471 53,456,124 53,560,932 53,920,263 54,577,802 55,754,474 1,176,672 Expenditures Employee Services 36,611,167 38,061,852 38,331,607 42,024,201 42,185,916 42,185,916 Non Salaries 14,658,888 15,858,654 14,439,024 12,227,346 12,723,170 12,723,170 Administration 6,387,828 5,017,940 5,507,447 5,245,808 Economic & Comm. Dev. 2,623,375 2,728,364 3,928,507 3,604,232 Fire 11,387,186 13,449,414 14,188,078 13,879,185 Library 3,953,664 4,469,946 4,501,720 4,413,823 Police 12,471,829 13,742,256 15,216,350 15,114,206 Public Works (formerly Maintenance Services) 5,572,236 5,472,143 5,440,885 Recreation and Community Services 4,981,080 5,106,262 5,072,491 Subtotal, Operating Budget Expenditures 51,270,055 53,920,506 52,770,631 54,251,547 54,909,086 54,909,086 Net Operating Budget Impact $ 48,087,132 $ {854,584} (464,382) 790,301 (331,284) (331,284) 845,388 1,176,672 Attachment A-1 Total General Fund Operating and Capital Budget, & Projected Changes to General Fund Reserves YearEnd Year Unaudited Actual End Year End Amended Projected 2002-03 2003-04 2004-05 2005-06 2005-06 Net Operating Budget Impact (from Table I) $ (604,005) $ (854,584) 790,301 (331,284) 845,388 Less Transfers to Capital Projects: (733.000) (85.930) (338,493) (373,330) (373,330) Less Transfers to Debt Service (452,000) (103,167) (136,154) (130,000) (130,000) Plus (Minus) One-Time Transactions: Plus Favorable Resolution of Genentech Property Tax 1,122,000 Settlement: Plus (Minus) Favorable (Unfavorable) Reduction in funds 700,000 (243,681 ) set aside for legal settlement: Less Unfavorable Increase in Projected Workers' (1,200,000) Compensation Liability: Net Impact on General Fund Reserves (1,167,005) $ (1,287,362) 315,654 (834,614) 342,058 IGeneral Fund Reserves Projection I. Discretionary Reservesl Liquid Reserves Available Emergencies 1,000,000 1,000,000 1,100,000 1,100,000 1,100,000 Economic Contingencies 3,500,000 3,500,000 3,500,000 3,500,000 3,800,000 Designated for future Economic Development Projects 3,600,000 3,600,000 3,600,000 3,600,000 3,600,000 Undesignated Reserve 4,323,000 3,852,647 4,090,072 3,166,533 4,788,351 II. Non-Discretionary Reservesl Reserves Already Committed Encumbrances 283,000 270,693-'- 371,816 371,816 Advances to Other Funds 845,000 Inventory and Other 51,000 93,754 75,000 75,000 75,000 Appropriated Capital Projects 391,000 388,544 284,404 373,330 Subtotal, Non Discretionary (Committed) Reserves $ 1,570,000 $ 752,991 731,220 820,146 75,000 Total General Fund Reserves $ 13,993,000 $ 12,705,638 13,021,292 12,186,679 13,363,351 uarterly Finan 1st Quarter 2005-06 al epo Attachment B November 9, 2005 OVERVIEW This is an update of revenues and expenditures for the fIrst quarter of fiscal year 2005-06, i.e., July-September 2005. This early revenue analysis is limited to one or two months of certain revenues. Also, no significant Property Taxes are received until December, Sales Tax data is only available a quarter in arrears, Transient Occupancy Taxes (TOT) are paid a month in arrears, meaning there are only two months of receipts to date, and the largest franchise fee payment, from PG&E, is paid on an annual basis, in April. The amended budget includes a net operating deficit of $332,000. However, due to the one time repaytnent of prior year VLF loan funds by the State, the projected operating budget is now expected to be a net surplus of $845,000, prior to operating and capital budget commitments. Economy The nation's economy is still digesting the effects of the recent hurricanes, as well as the rise in gasoline prices. The Conference Board recently reported that their index of leading economic indicators fell .07% in September after falling .01 % in both August and July, after a 1.1 % increase in June. This seems to indicate that economic growth was weakening before the storms. It is likely that higher fuel prices and reduced fuel supplies will impact the national economy over the next few months. Recent measures of consumer confidence are down, and new reports indicate that in September the overall inflation rate was up over 1 %, reflecting higher fuel costs. Fuel costs should negatively impact the Bay Area economy. However, the San Francisco Chronicle recently reported that convention booking is at record levels, and tourism is improving. With the loss of New Orleans as a travel destination for the near future, the Bay Area could pick up additional visitors. BT Commercial reports that office vacancy in South San Francisco was 15.7% in the second quarter of2005, compared to 26.4% a year before. The reported vacancy rate for research and development space in South San Francisco was 6.8% for the quarter, versus 12.9% in the second quarter of 2004. MBIA, the City's sales tax consultant, analyzed sales tax reporting to calculate economic growth in Northern California at 3.9% over the prior year. It appears that the regional economy has been experiencing moderate growth, but this could be interrupted by national problems. Top Revenues Summary The following ten revenue sources total over half of General Fund revenues. A~::S' " ,P ~~ },2,$ ',:"'~' ;I*:'.':::;~-'T: 'o/;wf;Bua!feiJ~roject!.ea~=~'.BrOjected ~l:!lectei:l General '; '," :':' ,;_' ~ '_' :. R~ceived .' Year::end :\laii~riee~t ~unaRe~flsn~e~':"", > ~ud~et -:~)vrob ,,:.' ,... -'#D ;,' . :.~. ~ ~~ ~B~ij9~f ~~O~$l~)}..",.>~' :<;; '" ~~I~~,:: ,{..~:' .:, .;~~ :_',.',:'" :. ;;:~ .~l.:,~~ Sales Tax 8,420 594 7.1% 8,300 (120) Property Taxes 12,189 - 0.0% 12,189 - Transient Occupancy Tax 4,800 950 19.8% 4,950 150 Motor Vehicle In Lieu Fees 308 1,149 373.1 % 1,355 1,047 Franchise Fees 2,850 271 9.5% 2,850 - Building and Fire Permits 2,750 934 34.0% 2,850 100 Recreation Fees 2,502 405 16.2% 2,502 - Business License Fees 1,625 306 18.8% 1,625 - Paramedic Fees 1,186 141 11.9% 1,186 - BLS Transport 773 39 5.0% TBD Interest Earnings 476 119 25.0% 476 - Total 37,879 . 4,908 13.0% 38,283 1,177 The state's early repayment of the VLF loan has added an additional million dollars to the General Fund. This one-time state action was not expected at the time the budget was adopted. The City's very preliminary sales tax receipts to date reflect a relatively minor drop from Quarterly Financial Report last year. As a precaution, this drop was factored into the reduced year-end projection for sales taxes. Recent County property tax estimates show continued strength in local real estate, and are in line with the estimates used in the preparation of the budget. Transient Occupancy Taxes reported for the first two months available are rmming well abead of 2004, even after adjusting for the 1 % tax increase. The year-end projection has been increased slightly, and could be again should the trend continue. Building and Fire Permit Revenues are also up over last year. Overall, the other large revenues still appear on budget projections. At this early point of the fiscal year, total General Fund revenues appear to be on a pace to come in $1,200,000 over the adopted budget, due prilnarily to the one-time re-payment of the VLF loan. l. Sales and Use Taxes Through September 30, only one payment has been received from the state allocating the City's portion of sales tax collections. However, the clean up for the second quarter was only $31,000, as opposed to a clean up of $223,000 received last year. While this data is a very minor part of the eventual total sales tax receipts for the year, it would be prudent to reduce the projected total 2005-06 sales tax by $120,000. The mid-December payment will include the third quarter clean up, and provide the first real information on sales tax collections actually received in the 2005-06 fiscal year. The final data for sales tax collections in the second quarter of 2005 (April through June) is. the most recent data available, and the total is about $90,000 below the total for the second quarter of 2004. This drop is a little less than the alnount provided by the cellular phone cOlnpany formerly located in South San Francisco, and indicates that aside from this defection sales taxes have been holding steady. The loss of the cellular phone company has been factored into the 2005-06 budget forecast. 2. Property Taxes Roughly half of property taxes are received in December. Based on recent estimates of secured and unsecured property tax revenue from the County Controller's Office, projections in the 2005-06 Adopted Budget still appear reasonable. 1st Quarter 2005-06 3. Transient Occupancy Taxes (TOT) TOT taxes are paid one month in arrears, but appear to be trending higher than budget. For the first two months of actual returns, the City has received $222,000 more than the same time period a year ago. Of course the additional 1 % tax added last January is a factor, but adjusting the current receipts to exclude this increase still indicates growth of over $100,000 for the two months. Average year to date occupancy and room rates citywide are up at 81.8% alld $80.73 compared to 77.0% and $76.22 for the same period a year ago. Based on the trend observed through 2005, and the reports of healthy business in the Bay Area hospitality sector, the projection of TOT total for 2005-06 is increased by $l50,000. Staff believes this increase may end up being on the conservative side. 4. Motor Vehicle in Lieu Fees (MVILF) The state repaid the VLF loan (3 months of payments witWleld two years ago) in July. This was a late State Budget item, so repayment was not factored into the. City's adopted budget, and a budget amendment of $1,047,000 is therefore recommended. 5. Franchise Fees. This appears to be close to budget given the limited receipts to date. However, the largest revenue source, the payment from PG&E, isn't received until April. 6. Building, Fire, and Planning Fees. Year to date building permit receipts are $420,000 higher than last fiscal year to date. The results so far, have reached 34% of the adopted budget, so it is considered prudent to an increase of the budget at this point in the amount of$100,000. 7. Recreation Fees The largest revenues are paid in the spring, and staff believes the current budget is still realistic for this fiscal year. 8. Business License Taxes This source of revenue is made up of business licenses and commercial parking taxes. Business license renewals aren't due until January 31st, and parking taxes are paid a quarter in arrears, so there is not much data to look at yet. Staff still believes the budget is realistic. Quarterly Financial Report 1st Quarter 2005-06 9. Paramedic Fees Payments for the regular Advanced Life Support (ALS) paramedic services are received by the City's outside billing processor, and staff believes the current budget is realistic. The new Basic Life Support (BLS) services were added last year to augment the General Fund in lieu of additional budget cuts. BLS revenues are invoiced by contract City staff, and collections are rUlliling significantly behind budget. This may only be a delay as a new systeln is put in place and the collection "pipeline" fills. Second quarter revenue will be more closely analyzed, and the results reported to the council with the midyear report, as the BLS service completes its first year. 10. Interest Earning Interest earnings are on track to meet budget at this point of the year. Expenditures Salaries and benefits Inake up about four-fifths of General Fund budgeted expenditures. The actual salaries and benefit expenditures are running at 23.5% of the annual budget through September, slightly better than budget. "'I'~ ~''S,~ r-. M ,'. m~ ','Ii't ':",' 'J'Jiif_98';t ,", ,~"jf'l0%'%d~!Buaget (Expenditures {ODD' q ,', '13 tiC;' t "~ri"A t' 'I~ ',:,:lE Z 'Ita $'~) . ", I ~ ge " c u~ : '",~,Q~n<e, .~-~ ,,1; ~ ( ""","! ,$ '" 10"'';::4''11 "~'\ "1t"''''':1''' Salaries and Benefits 42,186 9,913 23.5% Non-Salaries 12,724 3,663 28.8% Total General Fund Operating Budget 54,910 13,576 24.7% Transient Occupancy Tax (TOT) Summary through AUQust 2005 Attachment C ?esidential Hotels Rooms Occupancy Rate Average Room Rate TOT Collected lot included August,'05 August,'04 % Change August,'05 August,'04 Change % Change August,'05 August,'04 Change % Change 3usiness Hotels (17) 2,322 80.6% 71.4% 12.8% $ 85.85 $ 80.12 $ 5.73 7.2% $444,067 $345,920 $98,147 28.4% :conomy Hotels (10) 548 76.1% 73.0% 4.2% $ 58.90 $ 54.09 $ 4.81 8.9% $67,410 $53,440 $13,970 26.1% - 2,870 79.7% 75.1% 6.1% 80.93 75.28 $ 5.65 7.5% 511,478 399,360 $112,117 28.1% taff ort AGENDA ITEM #15 DATE: TO: FROM: Novelnber 9, 2005 Honorable Mayor and City Council Mark Raffaelli Chief of Police SUBJECT: INCREASE IN TAXICAB RATES RECOMMENDATION It is recommended that City Council adopt a Resolution granting Peninsula YeHow Cab Company a rate increase to the current taxicab rate schedule and a temporary surcharge of $0.75 per trip. The purpose of the rate increase is to meet the rise in operating costs and the temporary surcharge to cover the current inflation in gasoline prices. The South San Francisco Municipal Code, Section 6.72.230 gives City Council the authority to adjust the rates when needed. The last rate increase was in November 1999. BACKGROUND/DISCUSSION The Police Departnlent received conespondence froln George Corey, legal council for Peninsula Yellow Cab COlnpany, requesting consideration for an increase in the rates. On a historical note, prior rate raises have been authorized in 1976, 1981, 1990 and 1999. This proposed increase is being prolnpted by the significant increase in fuel cost over the last several months. Prices have increased over eighty-five cents ($0.85) per gallon. As a comparison, in 1999 the cost per gallon in the Bay Area, according to the Public Affairs Representative for AAA of Northern California, was $1.70 per gallon. According to AAA, the average cost in the Bay Area today is $2.99. This equates to a 43 % increase in cost. Along with the increase in fuel cost, general operating costs have risen since 1999. All the money received during the day belongs to the driver. The cOInpany then charges the drivers a fee for the services the cOlnpany provides them (dispatch, vehicle Inaintenance, insurance etc.). The drivers are responsible for fueling the vehicles with the money they eanl, so the increase in gasoline prices reduces their daily income. In order to offset the nlost recent increase, the company has reduced their service fee to the drivers so their take-holne pay is not iInpacted. In essence, the C0111pany is subsidizing the drivers for the increase in fuel cost. Although Peninsula Yellow Cab Company's proposed rate increase will assist in balancing out the increase in operating costs, it will not fully balance out the considerable increase in fuel. Believing the current increase in fuel costs will be short-term (4 to 6 months), the Company is also proposing a seventy-five cent ($0.75) temporary surcharge per trip that would go directly to the drivers to offset the high cost of fuel. Staff Report Subj ect: Taxi Rate Increase Page 2 At the end of six (6) 1110nths the Police Departnlent will review the feasibility of continuing the surcharge or increasing the rate cost. The decision will be based on the cost of fuel not dropping to at least $2.50 per gallon and the stability of the fuellnarket. During a nonnal shift a taxi will make approxilnately 20 (twenty) trips; and the recOlnlnended surcharge would provide an added $15.00 per day to the driver, which is enough for about five (5) gallons of fuel. The police departn1ent would lTIonitor the cost of fuel and advise the cOlnpany when the surcharge would be discontinued. Any increase in fuel after that point will not activate a surcharge. The COlnpany wishes to apply this proposed surcharge rather than ask for a higher rate, which would relnain constant even it fuel prices were to drop. San Mateo and San Francisco recently reviewed and ratified their taxi rates. San Francisco taxi con1panies are requesting another elnergency rate increase due to gasoline prices. Burlingalne will be conducting a review in the near future. The attached chart den10nstrates taxicab rates of Daly City, San Mateo, Burlingalne and San Francisco as cOlnpar'~ to our existing and proposed rate. The biggest differences are the out of town rates. f By: ~I?I!/cu~~ Mark Raffaelli/ Chief of Police Approve . Attacmnent: Resolution Chali RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION GRANTING PENINSULA YELLOW CAB COMPANY A RATE INCREASE TO THE CURRENT TAXICAB RATE SCHEDULE WHEREAS, the City of South San Francisco received a request froIn Peninsula Yellow Cab Con1pany requesting consideration for an increase to the cunent taxicab rate schedule; and WHEREAS, the last increase to the taxicab rates in the City of South San Francisco was in November 1999; and WHEREAS, the purpose of the rate increase is to Ineet the rise in operating costs since 1999 and the significant inflation in gasoline prices over the past few nlonths; and WHEREAS, Peninsula Yellow Cab COInpany, believing the current increase in gasoline prices will be shoIi-tenll, also proposes a ten1pOraty $0.75 surcharge per trip until the price of gasoline drops to $2.75 per gallon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby grants Peninsula Yellow Cab Con1pany an increase to the cunent taxicab rates as requested and a temporaty $0.75 surcharge. The Police Deparhnent will review the surcharge in six months and detenl1ine its status based on fuel cost and market stability. * * * * * 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 Ineeting held on the _ day of , 2005 by the following vote: AYES: NOES: ABSENT: ATTEST: City Clerk 789922-1 Staff Report Subject: Taxi Rate Increase Attaclm1ent Chmi 2005 TAXI CAB RATES *Daly City San Mateo **Burlingame ***San Francisco FlaQ Drop $2.50 $2.60 $2.50 $2.85 In Town Rate (per mile) $2.60 $2.40 $2.50 $2.25 Flag $3.00 + Out of Town Rate Meter + 1J2 $2.60 per mile 3.00 per mile Meter + 1J2 Traffic Delay- Waitinq Time $24.00 per hr. $26.00 per hr. $25.00 per hr. $27.00 per hr. * Daly City: "Out of Town" is 15 miles out of the City limits. They charge what is on the meter plus Y2. Example: The fare is picked up in Daly City and driven to San Jose; the meter rate is $55.00. They add Y2 of $55.00 to the fare. The total fare is $55.00 + 27.50 = $82.50. ** Burlingame: "In Town" is anywhere within San Mateo County, including San Francisco International Airport. "Out of Town is anywhere outside San Mateo County. *** San Francisco: "Out of Town" rate is based on 15 miles out of their city limits and they charge what is on the meter plus Y2. PENINSULA YEllOW CAB CURRENT PROPOSED FlaQ Drop $2.50 $2.75 In Town Rate $2.50 per mile $2.60 Out of Town Rate $2.50 per mile $2.60 Traffic Delay - Waiting Time $20.00 per hr. $24.00