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Home My WebLink About2011-09-14 e-packet , SAN AGENDA 5 -_A "1 REDEVELOPMENT AGENCY = _ CITY OF SOUTH SAN FRANCISCO U _ c'ILIFollo' REGULAR MEETING MUNICIPAL SERVICES BUILDING COMMUNITY ROOM WEDNESDAY, SEPTEMBER 14, 2011 6:30 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Agency business, we proceed as follows: The regular meeting of the Redevelopment Agency is held on the second Wednesday of each month at 6:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the Board on any Agenda or non - Agendized item, please complete a Speaker Card located at the entrance to the Community Room and submit it to the Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents Redevelopment Agency from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and /or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation. The Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Board action. KEVIN MULLIN Chair RICHARD A. GARBARINO MARK N. ADDIEGO Vice Chair Boardmember PEDRO GONZALEZ KARYL MATSUMOTO Boardmember Boardmember RICHARD BATTAGLIA KRISTA MARTINELLI Investment Officer Clerk BARRY M. NAGEL STEVEN T. MATTAS Executive Director Counsel PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT IS AVAILABLE FOR USE BY THE HEARING - IMPAIRED AT REDEVELOPMENT AGENCY MEETINGS In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the City Clerk's Office located at City Hall. If however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda. The address of City Hall is 400 Grand Avenue, South San Francisco, California 94080. 1 CALL TO ORDER ROLL CALL AGENDA REVIEW PUBLIC COMMENTS CONSENT CALENDAR 1. Motion to approve the minutes of August 24, 2011. 2. Motion to approve expense claims of September 14, 2011. ADJOURNMENT REGULAR REDEVELOPMENT AGENCY MEETING SEPTEMBER 14, 2011 AGENDA PAGE 2 SPECIAL MEETING MINUTES - -- „ � S 4 REDEVELOPMENT AGENCY ,. „ 4 �1 � OF THE � tifirr y o CITY OF SOUTH SAN FRANCISCO Nirlig c -4z Ql Meeting to be held at: MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, AUGUST 24, 2011 1. Call to Order. Time: 6:35 p.m. 2. Roll Call. Present: Boardmembers Addiego, Gonzalez and Matsumoto, Vice Chairman Garbarino and Chairman Mullin. Absent: None. 3. Agenda Review. None. 4. Public Comments — comments are limited to items on the Special Meeting Agenda. None. CONSENT CALENDAR 5. Motion to approve the minutes of July 13, 2011. 6. Motion to approve the expense claims of August 24, 2011. 7. Motion to accept the Miller Avenue Parking Structure Project (Project No. pf1012) as complete in accordance with the plans and specifications. Motion — Boardmember Addiego /Second — Boardmember Gonzalez: to approve Consent Calendar Items No. 5 and 6. Unanimously approved by voice vote. Item No. 7 — While she had not voted in favor of it, Boardmember Matsumoto was pleased with the completion of the parking structure overall but requested clarification as to some of the change in numbers regarding the contract. Public Works Director explained the contract had been approved for $8,421,500 to C. Overra and in the process there was an anticipated $1 million in change orders. There had been $400,000 in construction change orders related to C. Overra's construction of the parking structure. The breezeway improvements were $408,000 worth of work. Roughly $250,000 of the $398,000 represents the geo- thermal board settlement. The remainder was a mixture of smaller issues that were not individually listed. $11 million was the current amount for construction costs, adding on additional costs for breezeway construction. Our actual expenditures were $10 million for construction. Not listed were expenses related to design, tear down costs and other non - construction costs. Boardmember Matsumoto understood that there had been delays but wanted to congratulate the department on a job well done. She had no further comments. Motion — Boardmember Matsumoto /Second — Boardmember Addiego: to accept the Miller Avenue Parking Structure Project (Project No. pfl 012) as complete in accordance with the plans and specifications. Unanimously approved by voice vote. ADMINISTRATIVE BUSINESS 8. Resolution of the Redevelopment Agency of the City of South San Francisco adopting an Enforceable Obligations Payment Schedule. Finance Director Jim Steele presented the staff report recommending the Agency adopt the resolution adopting an Enforceable Obligations Payment Schedule ("EOPS"). Director Steele defined "enforceable obligations." Director Steele reminded board members in the last week of the last legislative session two (2) measures were passed affecting the Agency. Under AB26 Agency would be dissolved and the purpose of the EOPS was to protect Agency assets so that they will be available for distribution to taxing entities upon dissolution. Under AB27, the Agency would continue in existence if the legislative body of the Agency's sponsoring entity (the City Council) adopts and ordinance committing to pay specified amounts for distribution to schools and other taxing entities throughout the life of the Agency. Director Steele went on to explain that CA Supreme Court action put on hold provisions for those bills and allowed Health and Safety Code Sections 34169 to remain in effect. Therefore, the City was now required to adopt an FOPS by August 28, 2011. A revised payment obligation was provided to Council. The EOPS must be adopted at a public meeting and posted on the City's website. In addition, it must be transmitted to the San Mateo County Auditor Controller, the State Controller and the State Department and Finance. The EOPS is amendable at any future public meeting. A final note was the resolution needed to be amended to fix the "Total Outstanding" column to add the amount from the "Total Due During Fiscal Year" column. Councilwoman Matsumoto questioned the potential exposure to the General Fund. Attorney Mattas stated there were two issues: (1) AB26 was written such as you would have dissolved your agency or opted in. The Supreme Court has established a timeline that goes beyond that written in AB26 and AB27. An anticipated decision on the validity of the bills from the Court was expected in January/February, thus the EOPS authorizes the Agency to pay its obligations through the remainder of the calendar year, but it also required the reporting of the maximum obligation amount that could be paid over the life of the Redevelopment Agency, projected out over 30 years; and (2) a number of agreements had been entered into that obligated the City to do certain things upon payment by the Agency. If approval of the voluntary opt in SPECIAL REDEVELOPMENT AGENCY MEETING AUGUST 24, 2011 MINUTES PAGE 2 was granted, those agreements remain valid under AB27 but could be amended due to the likelihood of there being less money. Under AB26, there was a retroactive clause that would make any agreement solely between the Agency and the City entered into after January 1 would be unenforceable obligations. The General fund itself would not be at risk because either they would be paid by the Agency under AB27 or they would be unenforceable obligations under AB26. Attorney Mattas noted any agreement involving a third party would still be enforceable. Mayor Mullin sought clarification as to what was meant by third party. Attorney Mattas explained it as any party other than the City or the Redevelopment Agency. Boardmember Gonzalez questioned if the Agency or City would lose money in participating in "pay to play." Attorney Mattas explained the City would not lose any funds, however the Agency would lose $15 million in the first year and between $3 to 6 million on a yearly basis over the life of the Agency. Boardmember Addiego stated of the approximate $1 billion pointed out, over $300 million of that was pass - throughs that go to all the other government agencies and entities over that lifetime. He expressed confusion over the years of activity. He recalled when the Agencies had merged it had been for a 40 year time frame. Attorney Mattas noted when they had fiscally merged the plans had different termination dates, and named the El Camino Redevelopment Plan and the Downtown Central Added or Marina area as the two (2) with the longest horizons. Boardmember Addiego clarified it was not about the bond time, but rather the life of the plan and the ability to make payments. Attorney Mattas confirmed. Motion — Vice Chairman Garbarino /Second — Boardmember Addiego: to approve Resolution No. 25 -2011. Unanimously approved by voice vote. 9. Adjournment. Being no further business, Chairman Mullin adjourned the meeting at 6:55 p.m. Submitted by: Approved by: Anna M. Brown Kevin Mullin Deputy City Clerk, City of South San Francisco Mayor, City of South San Francisco SPECIAL REDEVELOPMENT AGENCY MEETING AUGUST 24, 2011 MINUTES PAGE 3 SPECIAL MEETING MINUTES Government Code Section 54957.5 SB 343 4 zi s,a4r REDEVELOPMENT AGENCY Agenda Item #1 off.,- OF THE � __ R CITY OF SOUTH SAN FRANCISCO J v - v 0 c ' t Fo Meeting to be held at: DRAFT ( MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, AUGUST 24, 2011 1. Call to Order. Time: 6:35 p.m. 2. Roll Call. Present: Boardmembers Addiego, Gonzalez and Matsumoto, Vice Chairman Garbarino and Chairman Mullin. Absent: None. 3. Agenda Review. None. 4. Public Comments — comments are limited to items on the Special Meeting Agenda. None. CONSENT CALENDAR 5. Motion to approve the minutes of July 13, 2011. 6. Motion to approve the expense claims of August 24, 2011. 7. Motion to accept the Miller Avenue Parking Structure Project (Project No. pf1012) as complete in accordance with the plans and specifications. Motion — Boardmember Addiego /Second — Boardmember Gonzalez: to approve Consent Calendar Items No. 5 and 6. Unanimously approved by voice vote. Item No. 7 — While she had not voted in favor of it, Boardmember Matsumoto was pleased with the completion of the parking structure overall but requested clarification as to some of the change in numbers regarding the contract. Public Works Director explained the contract had been approved for $8,421,500 to C. Overra and in the process there was an anticipated $1 million in change orders. There had been $400,000 in construction change orders related to C. Overra's construction of the parking structure. The breezeway improvements were $408,000 worth of work. Roughly $250,000 of the $398,000 represents the geo- thermal board settlement. The remainder was a mixture of smaller issues that were not individually listed. $11 million was the current amount for construction costs, adding on additional costs for breezeway construction. Our actual expenditures were $10 million for construction. Not listed were expenses related to design, tear down costs and other non - construction costs. Boardmember Matsumoto understood that there had been delays but wanted to congratulate the department on a job well done. She had no further comments. Motion — Boardmember Matsumoto /Second — Boardmember Addiego: to accept the Miller Avenue Parking Structure Project (Project No. pfl012) as complete in accordance with the plans and specifications. Unanimously approved by voice vote. ADMINISTRATIVE BUSINESS 8. Resolution of the Redevelopment Agency of the City of South San Francisco adopting an Enforceable Obligations Payment Schedule. Finance Director Jim Steele presented the staff report recommending the Agency adopt the resolution adopting an Enforceable Obligations Payment Schedule ("EOPS"). Director Steele defined "enforceable obligations." Director Steele reminded board members in the last week of the last legislative session two (2) measures were passed affecting the Agency. Under AB26 Agency would be dissolved and the purpose of the EOPS was to protect Agency assets so that they will be available for distribution to taxing entities upon dissolution. Under AB27, the Agency would continue in existence if the legislative body of the Agency's sponsoring entity (the City Council) adopts and ordinance committing to pay specified amounts for distribution to schools and other taxing entities throughout the life of the Agency. Director Steele went on to explain that CA Supreme Court action put on hold provisions for those bills and allowed Health and Safety Code Sections 34169 to remain in effect. Therefore, the City was now required to adopt an EOPS by August 28, 2011. A revised payment obligation was provided to Council. The EOPS must be adopted at a public meeting and posted on the City's website. In addition, it must be transmitted to the San Mateo County Auditor Controller, the State Controller and the State Department and Finance. The EOPS is amendable at any future public meeting. A final note was the resolution needed to be amended to fix the "Total Outstanding" column to add the amount from the "Total Due During Fiscal Year" column. Councilwoman Matsumoto questioned the potential exposure to the General Fund. Attorney Mattas stated there were two issues: (1) AB26 was written such that the Agency would either be dissolved or the City could elect to opt in to the new redevelopment agency authorized in AB 27. The Supreme Court has established a timeline that goes beyond that written in AB26 and AB27. An anticipated decision on the validity of the bills from the Court was expected in January/February, thus the EOPS authorizes the Agency to pay its obligations through the remainder of the calendar year, but it also required the reporting of the maximum obligation amount that could be paid over the life of the Redevelopment Agency, projected out over 30 years; and (2) a number of agreements had been entered into that obligated the City to do certain SPECIAL CITY COUNCIL MEETING AUGUST 24, 2011 MINUTES PAGE 2 things upon payment by the Agency. If approval of the voluntary opt in was granted, those agreements remain valid under AB27 but could be amended due to the likelihood of there being less money. Under AB26, there was a retroactive clause that would make any agreement solely between the Agency and the City entered into after January 1 not qualify as an enforceable obligation. The General fund itself would not be at risk because either they would be paid by the Agency under AB27 or they would be void under AB26. Attorney Mattas noted any agreement involving a third party would still be enforceable. Mayor Mullin sought clarification as to what was meant by third party. Attorney Mattas explained it as any party other than the City or the Redevelopment Agency. Boardmember Gonzalez questioned if the Agency or City would lose money in participating in "pay to play." Attorney Mattas explained the City would not lose any funds, however the Agency would lose $15 million in the first year and between $3 to 6 million on a yearly basis over the life of the Agency. Boardmember Addiego stated of the approximate $1 billion pointed out, over $300 million of that was pass - throughs that go to all the other government agencies and entities over that lifetime. He expressed confusion over the years of activity. He recalled when the Agencies had I merged it had been for a 40 year time frame. Attorney Mattas noted that the fiscally merged plans still had different termination dates, and named the El Camino Redevelopment Plan and the Downtown Central Added or Marina area as the two (2) with the longest horizons. Boardmember Addiego clarified it was not about the bond time, but rather the life of the plan and the ability to make payments. Attorney Mattas confirmed. Finance Director Steele and Attorney Mattas recommended that the Agency approve the resolution and that the attachment to the resolution be modified to include the costs identified for this year in the column that included the total costs over the life of the project areas. Motion — Vice Chairman Garbarino /Second — Boardmember Addiego: to approve Resolution No. 25 -2011. Unanimously approved by voice vote. 9. Adjournment. Being no further business, Chairman Mullin adjourned the meeting at 6:55 p.m. Submitted by: Approved by: a ttAt—e.... . Anna M. Brown Kevin Mullin Deputy City Clerk, City of South San Francisco Mayor, City of South San Francisco SPECIAL CITY COUNCIL MEETING AUGUST 24, 2011 MINUTES PAGE 3 Listing of RDA Payments for Council Review 4 § ) V4ZIPtrp,., % i T � r J;�O I certify that the payments shown on this payment register are accurate and sufficient funds were available for payment.* DATED 9_ q-I( � ,, ,r . • FIN; NCE DIRECTOR *Note: Items below do not include payroll related payments Checks: Date Amount 08/19/11 4,993.75 08/22/11 30,647.66 08/24/11 3,500.00 08/29/11 172.48 08/31/11 24, 769.13 09/06/11 3,104.32 09/07/11 11, 876.39 Electronic Payments: Date Amount To Description 08/31/11 252,180.00 Bank of New York RDA Debt Service 09/01/11 2,992,759.38 Bank of New York RDA Debt Service Total Payments $ 3,324,003.11 'rinted on: 09/08/2011 Page 1 of 52 City of South San Francisco Payment Listing for Redevelopment Agency Board Review Payments Issued between 8/18/2011 and 9/7/2011 08/19/2011 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 10 ECONOMIC & COMMUNITY DEVELOPMENT DEPT ARMANDO SANCHEZ 4,993.75 CONSULTANT SERVICES— 06/27- 07/08/11 EFT Payments Issued for ECONOMIC & COMMUNITY $4,993.75 DEVELOPMENT DEPT Payments Made on 8/19/2011 $4,993.75 Printed on: 09/08/2011 Page 2 of 52 City of South San Francisco Payment Listing for Redevelopment Agency Board Review Payments Issued between 8/18/2011 and 9/7/2011 08/22/2011 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 10 ECONOMIC & COMMUNITY DEVELOPMENT DEPT GATEWAY PROPERTY OWNERS ASSOC 503.42 POA DUES FOR GATEWAY CHLDCARE CENTER RD 1695168 206937 MAZE & ASSOCIATES 53.29 JULY AUDIT SERVICES FOR CAFR 231 206946 PASS JANITORIAL SERVICE 125.00 MISC REPAIR AND CLEANUP - 315 TAMERACK 2550 206953 ARMANDO SANCHEZ 4,993.75 CONSULTANT SERVICES FOR RDA HOUSING 07/11- 07/25/11 EFT SEIFEL CONSULTING INC 20,723.75 RDA - PLAN AMENDMENT - 2010- 10997 206963 3,909.41 RDA - PLAN AMENDMENT - 2010 11020 206963 SSF SCAVENGER CO INC 158.73 JUL11 GARBAGE COLLECTION SVC -714 LINDEN 2321605 206969 WESTERN EXTERMINATOR CO 91.50 JUL11 EXTERMINATOR SRVC FOR 306 SPRUCE 008 - 01065148 -7 206974 Payments Issued for ECONOMIC & COMMUNITY $30,647.66 DEVELOPMENT DEPT Payments Made on 8/22/2011 $30,647.66 'tinted on: 09/08/2011 Page 3 of 52 City of South San Francisco Payment Listing for Redevelopment Agency Board Review Payments Issued between 8/18/2011 and 9/7/2011 08/24/2011 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 10 ECONOMIC & COMMUNITY DEVELOPMENT DEPT SHELTER NETWORK 3,500.00 10 -11 CDBG GRANT -MAPLE 1ST QTR & 2ND QTR 207061 Payments Issued for ECONOMIC & COMMUNITY $3,500.00 DEVELOPMENT DEPT Payments Made on 8/24/2011 $3,500.00 D rinted on: 09/08/2011 Page 4 of 52 City of South San Francisco Payment Listing for Redevelopment Agency Board Review Payments Issued between 8/18/2011 and 9/7/2011 08/29/2011 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 00 NON EXPENSE ACCT SAN MATEO COUNTY TAX COLLECTOR 155.83 POSSESORY INTEREST FOR 380 ALTA VISTA 2011 - 010540 207144 Payments Issued for NON EXPENSE ACCT $155.83 Dept 10 ECONOMIC & COMMUNITY DEVELOPMENT DEPT SOUTH CITY LUMBER AND SUPPLY 3.12 PURCHASE OF KRAZY GLUE SOUTH CITY LUMBER 740538 207147 STANDARD PLUMBING SUPPLY CO 13.53 KOHLER REPLACEMNET CARTRIDGE R49933 207148 Payments Issued for ECONOMIC & COMMUNITY $16.65 DEVELOPMENT DEPT Payments Made on 8/29/2011 $172.48 Printed on: 09/08/2011 Page 5 of 52 City of South San Francisco Payment Listing for Redevelopment Agency Board Review Payments Issued between 8/18/2011 and 9/7/2011 08/31/2011 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 10 ECONOMIC & COMMUNITY DEVELOPMENT DEPT CSS ENVIRONMENTAL SERVICES INC 19,355.38 PHASE 11 WORK/ENVIRONMENTAL WORK 6670 -2 207187 420.00 PHASE 11 WORK/ENV WORK 6670 -3 207187 ARMANDO SANCHEZ 4,993.75 CONSULTANT SERVICES FOR RDA HOUSING- 07/25- 08/09/11 EFT Payments Issued for ECONOMIC & COMMUNITY $24, 769.13 DEVELOPMENT DEPT Payments Made on 8/31/2011 $24,769.13 Printed on: 09/08/2011 Page 6 of 52 City of South San Francisco Payment Listing for Redevelopment Agency Board Review Payments Issued between 8/18/2011 and 9/7/2011 09/06/2011 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 10 ECONOMIC & COMMUNITY DEVELOPMENT DEPT DAILY JOURNAL CORPORATION 101.00 ADVERTISING EL CAMINO REAL - CHESTNUT PLAN B2154419 207268 96.00 ADVERTISING -EC REAL- CHESTNUT PLAN b2154423 207268 U S BANK CORP PAYMENT SYSTEM 1,335.92 BIO CONF HOTEL- MIKE LAPPEN -MV cc216123 207316 1,260.57 BIO CONFERENCE HOTEL - MV cc216124 207316 (183.20) BIO CONFERENCE HOTEL - MV cc216124 207316 50.00 BIO CONF TRAVEL BAGAGE EXPENSE -MV cc216129 207316 25.00 BIO CONF TRAVEL BAGGAGE FEE -MV cc216130 207316 30.09 BIO CONF DINNER EXPENSE - MV cc216134 207316 67.04 BIO CONF DINNER EXP - MV cc216137 207316 257.70 BIO CONF DINNER EXPNSE- ML /MV /MA/GAR cc216138 207316 23.91 BIO CONF BRKFST EXPENSE - MV cc216150 207316 40.29 BIO CONF MEAL EXPENSE - MV cc216151 207316 Payments Issued for ECONOMIC & COMMUNITY $3,104.32 DEVELOPMENT DEPT Payments Made on 9/6/2011 $3,104.32 Printed on: 09/08/2011 Page 7 of 52 City of South San Francisco Payment Listing for Redevelopment Agency Board Review Payments Issued between 8/18/2011 and 9/7/2011 09/07/2011 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 10 ECONOMIC & COMMUNITY DEVELOPMENT DEPT MEYERS, NAVE, RIBACK 11,079.95 RDA SSF CITY ATTORNEY FEES - 738.001 2011070156 EFT SSF SCAVENGER CO INC 357.01 AUG11 GARBAGE COLLECTION -306 SPRUCE 2331949 207372 158.73 AUG11 GARBAGE COLLECTION -714 LINDEN 2331464 207372 76.55 AUG11 GARBAGE COLLECTION -310 MILLER 2331559 207372 102.07 AUG11 GARBAGE COLLECTION- 312 MILLER 2331560 207372 51.04 AUG11 GABRAGE COLLECTION -339 COMMERCIAL 2331138 207372 51.04 AUG11 GARBAGE COLLECTION -341 COMMERCIAL 2331139 207372 Payments Issued for ECONOMIC & COMMUNITY $11,876.39 DEVELOPMENT DEPT Payments Made on 9/7/2011 $11,876.39 Total REDEVELOPMENT AGENCY PAYMENTS $79,063.73