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2013-07-24 e-packet
AGENDA CITY COUNCIL n CITY OF SOUTH SAN FRANCISCO c�atfio REGULAR MEETING MUNICIPAL SERVICES BUILDING COUNCIL CHAMBERS 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, JULY 24, 2013 7:00 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Council business, we proceed as follows: The regular meetings of the City Council are held on the second and fourth Wednesday of each month at 7:00 p.m. in the Municipal Services Building, Council Chambers, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the City Council on any Agenda or non- Agendized item, please complete a Speaker Card located at the entrance to the Council Chamber's and submit it to the City Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents the City Council from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address (optional) for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER, Thank you for your cooperation. The City Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Council action. KARYL MATSUMOTO Mayor Pro Tern RICHARD A. GARBARINO Councilman FRANK RISSO City Treasurer BARRY M. NAGEL City Manager PEDRO GONZALEZ Mayor MARK N. ADDIEGO Councilman PRADEEP GUPTA Councilman KRISTA MARTINELLI City Clerk 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 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 (Jfjtce 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 CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PRESENTATIONS • SSF Dining Guide Presentation. • Cyber Security Presentation. AGENDA REVIEW PUBLIC COMMENTS ITEMS FROM COUNCIL • Announcements. • Committee Reports. CONSENT CALENDAR 1. Motion to approve the Minutes of the Meetings of June 19, 2013 and July 10, 2013. 2. Motion confirming payment registers for July 24, 2013. 3. Waive read and adopt an Ordinance approving an amendment to the Development Agreement (DA) originally approved in 2006 for the project located at 249 -289 East Grand Avenue. 4. Resolution awarding an amended Consulting Services Agreement to Harris & Associates of Concord, California, for the East of 101 Ramp Improvements Project in an amount not to exceed $642,471. 5. Resolution executing a Consulting Services Agreement to HelioPower of San Francisco, California, for the Water Quality Control Plant (WQCP) North Bayside System Unit (NBSU) Flow Monitoring Project (Project No. ss1306) in an amount not to exceed $33,183. 6. Resolution executing a services agreement to American Technologies, Inc. of Hayward, California, for the restoration of the City Hall Annex due to fire damage in the amount not to exceed $33,707.60 and appropriate funds to initiate the restoration of the building. REGULAR CITY COUNCIL MEETING JULY 24, 2013 AGENDA PAGE2 LEGISLATIVE BUSINESS 7. Waive reading and introduce an ordinance amending the South San Francisco Municipal Code, Chapters 14.08 and 14.14, to incorporate new provisions required by the State Water Board for discharges into the sanitary sewer collection system and adjusting the requirements for lateral inspections required at the time of sale or transfer of property. ADMINISTRATIVE BUSINESS 8. Downtown Homeless Task Force findings and recommendations and direction to staff. 9. Approval of reassignment of a Police Sergeant to the Drug Enforcement Administration Task Force and addition of one vehicle to the Police Department Fleet. 10. Resolution awarding the construction contract to MCK Services Inc of Martinez, California, for the 2013 Street Rehabilitation Project (Project No. st1201) in an amount not to exceed $1,268,266.30. 11. Resolution awarding the construction contract to Interstate Paving & Grading, Inc. of South San Francisco, California, for the Forbes Boulevard Bike Lane Improvements Project (Project No, stl306) in an amount not to exceed $3,179,350.40. COMMUNITY FORUM ADJOURNMENT REGULAR CITY COUNCIL MEETING JULY 24, 20 13 AGENDA PAGE 3 Government Code Section 54957.5 SB 343 Agenda 07.24.2013 Public Comments from resident Kate Mckay Ladies and Gentlemen: July 20, 2013 Being pro -life does not mean forcing your will upon others or taking away their God - given right to free will. Being pro -life means choosing life when faced with an unwanted pregnancy, helping those faced with that choice to choose life over abortion and helping them to live out that decision, supporting their decision to choose life, without judgment, ridicule, or back - biting. Simply claiming the political stance of pro -life does not mean you are living it. If someone claims to be pro -life, but promotes abortion or the choice for abortion with his or her actions, that person is pro - abortion, not pro -life. Actions speak louder than words. Do you remember that church down south that fired a teacher for being pregnant and not married, because the leadership was concerned that allowing her to stay would set a bad example for the young girls under her tutelage? While the leaderships' words claimed they were pro -life, the lesson they taught each of those girls, whose moral compasses they were trying to protect, was that if she were to get pregnant, she better get an abortion, before anyone finds, out or her congregation may turn their backs on her as well. I know first -hand about the back - biting, gossiping people that will talk trash about a woman who has a child out of wedlock and they do it regardless of the woman's age. I am asking you to rise above the judgmental shallow people who claim to be pro -life, yet never make choices or perform deeds that support their claim. I am asking you to show, through your deeds, that you are pro-life- I am asking you to respect all life, both unborn and born. My favorite quote in the bible is in Mathew and it goes something like this, "Let your light shine before men, so that they may see your good deeds and give thanks to God, who art in Heaven." Does this describe the approach you are now taking? Has the approach you are now taking been so effective that people are thanking God for your presence on a sidewalk outside a clinic that doesn't yet exist? I don't think it has. When that clinic arrives, if you stop just one teen a week from getting birth control and she has unprotected sex for just one month, in a year at least 13 unwanted pregnancies will occur, up to 26 depending on which statistic for pregnancy likelihood one uses. Since we know that the abortion rate of unwanted pregnancies is 50 %, which correlates to over 6 abortions a year. Imagine being able to say that you not only did not contribute to those 6 abortions, but you were able to guide young women to choose life You were able to see those babies, hold each in your arms knowing that you had a hand in ensuring that child was not aborted. Isn't that a much better approach? A win /win approach. Below you will find information on organizations, other than Planned Parenthood, that reach out to women faced with unwanted pregnancies. Perhaps you can find something among this information or where it guides you to give you inspiration to help those facing an unwanted pregnancy make the right choice. The building next to the proposed Planned Parenthood clinic is available. If a Non- governmental Organization (NGO) were to rent this place to provide honest, caring, and supportive counseling and referrals for alternatives to abortion, I am sure Planned Parenthood would refer pregnant girls to that organization as would the County Human Services Agency. Children start to explore their sexuality younger and younger these days. They are reaching puberty younger and younger. We will not be able to stop sexual relations between males and females, but we can help guide them to be responsible in the way they express their sexuality. Counseling regarding birth control and its effectiveness is done quite well by Planned Parenthood and they provide the birth control for free to those with a financial need. think the best tactic for the pro -life movement is to avoid trying to negate the free -will God gave us, but rather seek out girls and women in crisis. Help them to see the possibility of choosing life. If a woman /girl is shown she can have a life without shame, where she can take her pregnancy to term, while taking the time to decide if keeping the child or putting him /her up for adoption is best for her, she is more likely to choose life. THIS is the mission of the pro -life movement- Pro - child, pro- woman, pro- choice and that choice being LIFE. Pro - choice does not mean pro - abortion. God gave us free will, not the Supreme Court. He gave us the choice between right and wrong. Guide young women toward choosing life. You cannot stop people from having sex by limiting their access to birth control, so don't stand between women and birth control. When a woman's access to birth control is limited, her chances for an unwanted pregnancy can be as high as 30% per unprotected sexual encounter (Princeton.edu). As you can clearly see, this directly increases the number of unwanted pregnancies_ We are all very aware that, statistically, a full 50% of unwanted pregnancies end in abortion. Promote 'birth control. Even if you are a devout Catholic, you can, without reservation, refer a woman to Planned Parenthood to learn how to use basal temperature and the rhythm method, both are natural planning methods. Your referring her in a caring and compassionate way will make her more likely to come to you should her birth control fail. By counseling in this manner, you will have reduced the likelihood a young woman will have an unwanted pregnancy and increased the chance that she will come to you if it happens to her or any of her friends. The more kindness and respect you show women, the more they will trust you. Behavior that will push people away is forcing your desires, morals, mores, ethics, or beliefs on them rather than guiding them to find their own answers; being judgmental about their sexuality or the situation in which they find themselves, and lecturing or finding more value in hearing yourself speak rather than listening to them speak. There are other behaviors that will put people off, but when you volunteer, you will get training on how to be a good listener, good counselor, and what not to say. Then you will not only be a positive adult role model for our youth, one to whom they will listen, but you will be one that they will seek out. You have the ability to be someone's hero. You have the ability to be able to know the name of the child you help to save. Here are just a few ways in which you can help: If you want to start a home for unwed mothers, this is a home for unwed pregnant girls that is out of state that you may want to evaluate and possibly emulate, as well as an excerpt from its website. htto:Hr)errvicenter. ora/ "Whether you are here to find help or to give help, we hope you will come to know through our website that the Perry Center is a God - centered home reaching out to strengthen and provide for young unwed mothers spiritually, physically, mentally, and emotionally. We understand that there are difficult decisions to make when you are faced with an unplanned pregnancy. We are here to help young single mothers prepare for these changes. It is important that each young woman makes the decision that is best for herself and her unborn baby, so that each may live a full, productive, and loving life. The Perry Center is a quiet, reflective place with counselors experienced in helping to guide women in crisis pregnancy situations." The Alpha Pregnancy Center in San Francisco is a non - profit organization. 415 584 6800: This organization provides one stop counseling and referral services from pregnancy tests to counseling for the choices of parenting, adoption, or abortion. They help the woman to visualize her and her child's life in the short and long -term for each choice. They also provide free supplies (such as diapers, formula, etc), case management, and education in areas such as parenting skills for those that choose to keep their child. They are doing wonderful work and I highly recommend you volunteer with them to see if this approach works for you. http: / /alphapc.or,q/Home_html I spoke to Chastidy Ronan, the Executive Director of Alpha Pregnancy Center and she would love to hear from you about the possibility of you using your resources to open a center in South San Francisco_ She said something beautiful I hope you will find motivating, "My goal is not to change laws,, my goal is to show love and compassion in a way that changes people's lives." First Resort From their website: http: / /firstresort.org/ is a Licensed Pregnancy Counseling Women's Health Clinic in the Bay Area. We provide counseling and medical care to women — of all ages — who are making decisions about unplanned pregnancies (including counseling to family members, partners and other loved ones). First Resort's services are free of charge. First Resort is a 501 (c)(3) California public benefit, non profit organization. Thanks to financial donations; we have been able to provide quality care to our clients at no charge for 29 years! ©ur focus is on helping women make healthy, well - informed choices in line with their own beliefs and values. Detailed information is shared on all your pregnancy options confidentially, in a supportive, non - pressured environment in our 3 Licensed Health Clinics. First Resort believes in the empowerment of women through informed choices, as they carefully and confidentially weigh each and every option. We are here to offer and provide you with vital information, as well as time and space to allow you to make the best choice for yourself. Talk to our counselors for support and empower yourself. Learn how we have helped others make a personal, informed choice at our pregnancy clinics. 650 261- 9115 Your House South 650- 367 -9687 Your House South provides 2417 services for runaway and homeless youth and those with families in crisis. Youth up to age 17 are able to live at the house for 14 -30 days, where they participate in a structured program that includes individual, group and family counseling. The goal of the program is to reunite the youth with their families. http: / /www.star- vista.o[g /what we do/ youth/ yourhousesouth /you rho usesouth,htmI I spoke with Cynthia, a counselor at Your House South who said, "We need that extra adult positive role model for our youth." They provide counseling to pregnant teens and help to reunite teens with their families in instances where the youth has left the home. This is the place a pregnant child afraid of her family is most likely to go according to my research. As I said above, you have the ability to be someone's hero. You have the ability to be able to know the name of the child you helped to save. Please volunteer. Even if you spend just a few hours on Saturday mornings volunteering at these places, you will change lives for the better_ Please do not support those horrific signs brought by out- of- towners. They are not just offensive, they are endangering the welfare of our pre- schoolers. My child cannot be the only one scared to tears when he sees what he calls monsters_ He cannot be the only child to be sleeping with toy weapons to fight those monsters in his dreams. Do you want to be a part of destroying children or saving them? Please be a young woman's mentor and her unborn child's hero. Please support our local children of all ages; living and unborn, and volunteer in a positive move toward life as opposed to destroying it. Finally, I would like to say that I hope this information helps you to choose a course of action that provides a positive outcome that reflects well on the pro -life movement as one that saves the lives of young women in need and their unborn children as opposed to placing young women in crisis by blocking their access to birth control. Thank you for your consideration, Kate Mac Kay Interesting statistics: In 2012 the CDC released new data from the National Survey of Family Growth which included responses from 15--24 year -olds about oral sex and vaginal intercourse. Unfortunately these data continue to exclude same -sex contact. Among the findings for kids between 15 and 19 years -old were: O 55 % of girls and 58% of boys had engaged in some kind of sexual contact. ® 47% of girls and 44% of boys had engaged in vaginal intercourse. • 48 % of girls and 49 % of boys had either given or received oral sex. 46 % of girls and 44 % of boys had never engaged in any sexual contact. Also from the CDC in another report: Teen females are much less likely to have a birth before reaching age 20 if they used a contraceptive method at their first sex (figure 11). Consistent with their lower use of contraception at first sex, Hispanic females have the highest probability of having a birth before the age of 20: 35 percent compared with 12 percent among non - Hispanic white teenagers (figure 12). + Only 12 percent of births to teens under 18 in the 5 years before the survey were intended (occurred at "the right time ") according to the mother, compared with 29 percent of births to mothers 18 -19 and 75 percent of births to women aged 25--44 (table 25). + The vast majority of teens report having received formal instruction before the age of 18 on how to say no to sex -86 percent of females and 83 percent of males — and about two- thirds of teens receive this instruction before entering high school (table 26), A smaller share of teens received instruction on methods of birth control before age 18: about two - thirds of teens received this instruction (table 27). + Among teens aged 18 -19, 50 percent of females and 35 percent of males had talked with a parent before they were 18 about methods of birth control (figure 14). According to Princeton.edu, each sexual encounter has up to a 30% chance of fertilization depending upon the day in the female's cycle. What you should research about child development to understand youths better and be a more effective guide... Piaget: The foremost authority in child development has to be Piaget. He is the father of one of the most commonly used theories on child development. It would be helpful to know the stages of child development and the approaches that work best at each stage. Especially important is the concept of the personal fable in adolescence. This is essentially the story an adolescent has of his or her life in his /her mind and he/she will not feel that it will change, except by his /her design. When something he /she did not desire to happen, happens, he/she will say, 1 never thought it would happen to me." We have all heard this. We have all said this. To understand the theories of Piaget and the stages within those theories, is to have the power to understand children and their behavior from birth to 25. Yes, 25. Adolescence is not over, our brains are not fully mature, our psychological development into adulthood is not complete until sometime around 25 years of age. Now look back at the statistics from the CDC and see the great jump in percentages of intended v. unintended pregnancies at the age of 25. http: / /articies.latimes.com/ 2009 /aug /05 /local /me- abortion5 Federal judge upholds bubble law ordinance in Oakland http: / /missionlocal.org /2013/05/ supervisors - pass - planned - parenthood- buffer -zone/ Proposed enlarged buffer zone in SF article with Erika Hathaway in her wheel chair in the photo. It gives her the right to get closer to the entrance to harass clients of the clinic due to an ordinance geared toward helping the disabled have better access. She uses the wheelchair even though she walks dogs for a living according to her website. http: / /www.ktvu.com /news /news /loca 1 -govt- politics /sf- supes- approve- buffer- zones - outside - citys- health /nXkDr[ Article about the new buffer zone law and the reasons for it. It's a reference to Foti and Hathaway, http: / /ore.credoaction.com/ petitions /support -a- safety- buffer- zone - for- san- francisco -s -only- planned parenthood - clinic Read the violations that happened at this clinic to know why we need this NOW. http:// www. sfbos. org/ ftp/ uploadedfiles/ bdsupvrs /ordinancesl3 /o0088- 13.odf Ordinance Text 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FILE NO. 130262 ORDINANCE NO. _/s [Police Code - Access to Reproductive Health Care Facilities] Ordinance amending the Police Code, Article 43, Sections 4301, 4302, 4303, and 4304, to replace the existing eight -foot bubble zone around individuals entering, exiting, and seeking services at health care facilities with a fixed buffer zone around the entrances, exits, and driveways of reproductive health care facilities; and to prohibit any person from entering or remaining in that buffer zone, with certain exceptions, and making environmental findings. NOTE: Additions are single - underline italics Times New Roman; deletions are iqo4k t4 Rh :rte es Try, nr ne Board amendment additions are double-underlined- Board amendment deletions are str ikethFG -wy'; ^GNAI. Be it ordained by the People of the City and County of San Francisco: Section 1. The Planning Department has determined that the actions contemplated in this ordinance comply with the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors in File No. 130262 and is incorporated herein by reference. Section 2. The Police Code is hereby amended by amending the title of Article 43 and Sections 4301, 4302, 4303, and 4304, to read as follows: ARTICLE 43: ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES SEC. 4301. FINDINGS Every person in the Ci and Coun of San Francisco ("CL has a fundamental ri ht to privacy protected not only by the United States Constitution, but also eplicitly guaranteed in Article I, Supervisors Campos, Cohen, Kim, Avalos, Wiener, Mar, Breed, Chiu, Yee and Tang BOARD OF SUPERVISORS Page 1 3/19/2013 4 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section .l of the California Constitution. This right to privacy_i_ncludes_the right to access all legal health care service sS including reproductive health care services. Maintaining access to reproductive health care services is a matter of critical importance not only to individuals, but also to the health, sa eeoy and welfare of all residents o the Cit�E orts to harass, obstruct, or otherwise interfere with individuals seeking reproductive health care services may deter, delay, and even prevent individuals from obtainNg.necessWy reproductive health care services. These efforts, which often include forcing patients to run a gauntlet of demonstrators near the entrances, exits, and driveways of reproductive health care facilities, or to confront intimidating demonstrators stationed at or near those entrances exits and drivewqys also disru t the ability ofstaff at reproductive health care facilities to devote their full efforts to providing health care services and divert valuable. facility resources awa from patients. Actions that result in such obstruction, delay, and deterrence o patients, and diversion of reproductive health care facilities' staf and resources, undermine the City's interest in maintaining the public health, safety, and welfare, and in preserving its residents' constitutional ri hg t to privacy Standing on equal footing with the right to access health care services, including reproductive health care services are the free speech and assembly rights of those who would-gather and raise their voices on matters of public_ concern. Under this Article, the Board of_Supervisors previously attempted to balance these rimy prohibiting harassment, within 100 feet of an exterior wall of a health care facility, ofindividuals entering, exiting, or seeking services at a health care facility, with harassment defined as "knowinUly approach Lingl another person within eight feet ofsuch person, unless such other person consents, for the purpose ofpassing a leaflet or handbill to, displaying a sign to, or engaging in oral protest, education, or counseling with such other person. " That prohibition has proven ineffective. Due to the density and space constraints of the City's urban landscape, that prohibition has not adequately prevented harassment, delay, and deterrence ofpatients seeking vital health care services, and in particular reproductive health care services, nor adequately prevented Supervisors Campos, Cohen, Kim, Avalos, Wiener, Mar, Breed, Chiu, Yee and Tang BOARD OF SUPERVISORS Page 2 3/19/2013 2 4 19 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 distraction and diversion of health care providers ,fi-om their core mission ofprovidingservices in a safe and supportive environment. The Board of Supervisors hereby finds that the creation of a bu fer_zone, as defined in Police Code Section 430.2 as amended by Ordinance No. 88 -13 and a prohibition on entering or remaining in that buffer zone as specked in Police Code Section 4303 as amended by Ordinance No. 88 -13 with certain exceptions, is necessary to promote the full exercise of the right to privacy by patients seeking vital reproductive health care services and is. also necessary to maintain public health, safety, and welfare within the Cit�The Board afSuervisors. further fends that this Article strikes a lawful and appropriate accommodation between the right to privacy and to access reproductive health care services and the needs of public health, safety, and welfare, on the one hand, and the rights qf� free Meech and association, on the other. Article 43, as amended by Ordinance No. 88 -13 applies only to reproductive healthcare Facilities, no health care facilities generally. In addition, Article 43, as amended by Ordinance No. 88 -13 does not apply to licensed hospitals or to reproductive healthcare facilities owned or operated b licensed icensed hospitals. This scope ensures the Article is narrowly tailored to address the sjoillcantgovernmental interests it serves, and leaves other health care facilities and locations available for speech. Individuals attempnLng to access reproductive health care facilities to obtain reproductive health care services have been subjected to harassing or intimidating activity from extremely close _row , tending-to ham e�ar_deter their access to those facilities and services and thus subverting their legal rights_to seek and obtain legal health care services. The Board Inds that reproductive health care facilities that are not part of a licensed hospital, and not owned or operated by a licensed hospital are more vulnerable to such subversion o their patients' rights on account of the layout and desi no of their facilities and parking areas as well as their staff resources and deployment. Further, reproductive health care facilities not ffiliated with hospitals commonly possess fewer resources for providing adequate security and salty to individuals seeking access to Supervisors Campos, Cohen, Kim, Avalos, Wiener, Mar, Breed, Chlu, Yee and Tang BOARD OF SUPERVISORS Page 3 3/19/2013 4 0 10 11 12 13 14 15 16 17 18 10 20 21 22 23 24 25 reproductive health care services. Thus Article 43 as amended by Ordinance No. 88-13 imposes narrowly tailored, content - neutral restrictions where they are most necessary to further the significant government interests the Article serves. The Board finds that the modest scope of the buffer zone is sufficient to ensure that patients maY ain safe and unimpeded access to reproductive health care services, while allowing sneakers to e ectively communicate their messages to their intended audience. The Board further finds that obstructions and demonstrations around the entrances, exits and driveways of reproductive health care facilities can impede pedestrian and vehicle traffic and create safety hazards on the sidewalks and roadwgys and that this buffer zone will help promote safe and effective pedestrian and vehicle trafflcflow around reproductive health care facilities. In addition, the buffer zone will reduce disputes and con ontations requiring law enforcement services, and will protect property rights. The Board further finds that harassing and intimidating activities conducted around the entrances exits and driveways of reproductive health care facilities can adverse& affect the ohyjical and emotional health and well -being ofpatients seeking services at a reproductive health care facility. The Board finds that this buffer zone will provide a protective space for patients and thereby help avoid those adverse health consequences. The Board finds that this Article imposes_ content-neutral_ time, place and manner restrictions on speech and association, which are narrowly tailored to serve significant government interests and leave ample alternative channels o communication. This Article is not intended to create any limited, desiknated or general fora. Rather it is intended to protect those who seek access to reproductive health care from conduct that violates their r�ghts. Supervisors Campos, Cohen, Kim, Avalos, Wiener, Mar, Breed, Chiu, Yee and Tang BOARD OF SUPERVISORS Page 4 3/19/2013 10 11 12 13 14 15 16 17 18 19 24 21 22 23 +24 25 r in guaraweed h, ,.. r , G ionperiwwe �?et to the l, 9H4, Count lL his or heo- right teseek health therefore f- 'tl ;H W of Me people !]t 94 and obtak care sepvices are conk—y can he direetly injuriouw to the r r; r im the Qt ar2'Eo nl ,ern „ r,,, r : • r • 6: R i�•�sr.e.as� s'eaer�a �Sii�n s ..'ia.i:ra.' :v+� iiw' ..f,: Supervisors Campos, Cohen, Kim, Avalos, Wiener, Mar, Breed, Chiu, Yee and Tang BOARD OF SUPERVISORS Page 5 3/1912013 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NZ !SL.iiw!iL S.iaa�l �if2ffei� lf��.�17'lflolf3i.iHfaa�n_fiaw Jtf!fi�l�ifi J19. - r ; SEC. 4302. DEFINITIONS. For purposes of this Article: "Buffer zone " refers to the area encompassed by both of the following: Cl) the area on a public we or sidewalk encompassed by a radius of 25 feet &oyn any portion o an entrance exit or driveway o a re roductive health care facility,- and (2) the area encompassed by extending the outside boundaries of entrance, exit, or driveway of a health care facility _in straikht lines to the point where those lines intersect the sideline of the street or the property line of the reproductive health care facility. "Demonstration activity" refers to any activity involving expressive or symbolic content, including but not limited to the following.- protesting,- demonstrating picketing; displaying or distributing pictures, literature, or other materials; and engaging in education or counseling activities. Supervisors Campos, Cohen, Kim, Avalos, Wiener, Mar, Breed, Chiu, Yee and Tang BOARD OF SUPERVISORS Page 6 3119/2013 �. For purposes of this Article: "Buffer zone " refers to the area encompassed by both of the following: Cl) the area on a public we or sidewalk encompassed by a radius of 25 feet &oyn any portion o an entrance exit or driveway o a re roductive health care facility,- and (2) the area encompassed by extending the outside boundaries of entrance, exit, or driveway of a health care facility _in straikht lines to the point where those lines intersect the sideline of the street or the property line of the reproductive health care facility. "Demonstration activity" refers to any activity involving expressive or symbolic content, including but not limited to the following.- protesting,- demonstrating picketing; displaying or distributing pictures, literature, or other materials; and engaging in education or counseling activities. Supervisors Campos, Cohen, Kim, Avalos, Wiener, Mar, Breed, Chiu, Yee and Tang BOARD OF SUPERVISORS Page 6 3119/2013 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "Person" refers to any individual, firm, partnership taint venture company, corporation association -social club, fraternal organization, estate, trust, business trust, receiver, trustee sEyndicahe or any other grouy or combination actttzlig as a unit except the United States o America the State of California, and any olitical subdivision of either. "Reproductive health care facility" refers to a clinic licensed under Chapter I (commencing with Section 1200 ) o Division 2 of the Health and Safqy Code or qu other facuLty or business that provides reproductive health care services exclusively or in addition to other health care services. Reproductive health care facility does not include a licensed hospital or a clinic or other facility owned or operated by a licensed hospital (c) ei-purposes ,efMis -AMeL , 7lL• f }G� ITi "Rreproductive health care services" refers to 4TT all medical, surgical, counseling,- referral, and informational services related to the human reproductive system. EV Maw yLiii f ltif'Si3�Jt�Y�f TTY�Yn sT+1�11�19t!1 %1'�T11'S!T97lSj _ _ �T �l�Y if a5Ti7�lil+. Supervisors Campos, Cohen, Kim, Avalos, Wiener, Mar, 'Breed, Chiu, Yee and Tang BOARD OF SUPERMSORS Page 7 3119/2013 I • ............. Vil MI, ■ � 11 t 1 "Person" refers to any individual, firm, partnership taint venture company, corporation association -social club, fraternal organization, estate, trust, business trust, receiver, trustee sEyndicahe or any other grouy or combination actttzlig as a unit except the United States o America the State of California, and any olitical subdivision of either. "Reproductive health care facility" refers to a clinic licensed under Chapter I (commencing with Section 1200 ) o Division 2 of the Health and Safqy Code or qu other facuLty or business that provides reproductive health care services exclusively or in addition to other health care services. Reproductive health care facility does not include a licensed hospital or a clinic or other facility owned or operated by a licensed hospital (c) ei-purposes ,efMis -AMeL , 7lL• f }G� ITi "Rreproductive health care services" refers to 4TT all medical, surgical, counseling,- referral, and informational services related to the human reproductive system. EV Maw yLiii f ltif'Si3�Jt�Y�f TTY�Yn sT+1�11�19t!1 %1'�T11'S!T97lSj _ _ �T �l�Y if a5Ti7�lil+. Supervisors Campos, Cohen, Kim, Avalos, Wiener, Mar, 'Breed, Chiu, Yee and Tang BOARD OF SUPERMSORS Page 7 3119/2013 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SEC. 430 3. ENTERING OR REMA. IMNGINBUFF ERZONEATREPRODUCTIVEHEALTH CARE FACILITIES PROHI BIT ED,- EXEMPTItINS. (a) Prohibition. Except as specified in Section 4303(b), Yt shall be unlawful for any person to enter or remain within a buffer zoneha3" s� cs�-t Ef rec�irc tciris�4�-6ek- ^`"" "^ harass n 91'�9f�rt+ Z�JIf:1 �lMSifl�.T.'l9')�li�fil r�l!YFJ.9fls�.�tl<�i +liflfal�i; i�iy ��.Zry -,t.yy (b) Exemptions. 'r (12 Individuals entering or exiting the reproductive health care facility. This exemption allows individuals to enter and pass through the buffer zone only while entering or exiting the reproductive health care facility, and does not permit those individuals to stop or remain in the bufer .zone for any purpose, including but not limited to demonstration activi , or to ewe in demonstration activity while entering or exiting the reproductive health care Lacility. (22) Employees, agents, or volunteers of the reproductive health care facili _ ,acting within the scope of their employment, a Tency, or volunteer service. This exemption does not allow these employees, agents or volunteers to engage in demonstration activity within the buffer zone even if that demonstration activity is within the scope of their employment, agency, or volunteer service. (3) Law enforcement, emergency medical, frrefghtinz construction, and utilities personnel and federal, state, and municipal employees, acting within the scoff o their employment. This exemption does not allow these individuals to en a e in demonstration activity within the bu er zone. Supervisors Campos, Cohen, Kim, Avalos, Wiener, Mar, Breed, Chiu, Yee and Tang BOARD OF SUPERVISORS Page 8 3/19/2013 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (4) Individuals passim temporarily through the buffer zone to reach a destination within or on the other side o the buffer zone. This exemption applies to individuals who enter or pass through the buffer zone, without stopping, either to enter a residence or a business within the buffer zone other than the reproductive health care factLU or to reach a destination on the other side of the buffer zone. This exemption does not allow these individuals to engage in demonstration activity while within or passing through the bu er zone. Lan individual not sub "ect to the exemptions in subsection t'b) (1 ),(2)or(3 passes through the bu er zone five or more times in an hour, such activity will constitute prima facie evidence that the individual has violated Section 4303("a). The individual may rebut that pNsymption by presentin evidence vidence that he or she has a legitimate personal or business, non demonstration activity purpose for passing through the buffer zone. (c) Business Hours. Section 4303(x) applies only during a reproductive health care facility's posted business hours. d) Marking and Written Notice. Section 4303(x) applies onhj:f only : the buffer zone is marked by the Department of Public Works ("DPW") and a notice prepared by DPW is posted conspicuously near the buffer zone. A reproductive health care facility that wants its buffer zone marked and a notice posted shall submit a written request to the Department of Public Works ( "DPW "), DPW shall measure and mark the bu fer zone within 14 calendar days of the request. The DPW Director or designee shall prepare signs to provide to reproductive health care facilities,_ upon request, for posting The signs shall provide notice regarding the prohibitions under this Article. The DPW Director or designee mgy adopt rules and re lations after a ublic hearing-to set standards or marking and postinn a notice at a buffer _zone. Le) Other Laws. Nothing in this Article shall reclude the enforcement of other state, federal or municipal laws inside or outside of the buffer zone, including but not limited to those related to sidewalk obstruction. Supervisors Campos, Cohen, Kim, Avalos, Wiener, Mar, Breed, Chiu, Yee and Tang BOARD OF SUPERVISORS Page 9 3119/2013 1 Cry 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SEC. 4304. ENFORCEMENT. (a) Criminal Enforcement Any person who violates Section 4303 of this Article shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by ' '- — a incarceration in the County Jail, fine, or both. Upon a first conviction for violation of Section 4303, the person shall be inepwisene incarcerated in the County Jail for up to three months, or fined up to $500, or both. Upon a subsequent conviction for violation of Section 4303, the person shall be imprisene d incarcerated in the County Jail for up to six months, or fined up to $1000, or both. (b) Civil Enforcement An aggrieved indPv Person may enforce the provisions of this Article by means of a civil action. An aggrieved person includes any reproductive health care facility whose buffer zone is the site of a violation o this Article. Any person who violates any of the provisions of this Article or who aids in the violation of this Article shall be liable to the indi-v0ua aggrieved ep rson for special and general damages, but in no case less than $1,000 plus attorneys' fees and the costs of the action. In addition, punitive damages may be awarded in a proper case. (c) Other Enforcement. Nothing in this Article shall preclude any person from seeking any other remedies, penalties or procedures provided by law. Section 3. Effective Date. This ordinance shall become effective 30 days from the date of passage. Section 4. Scope of Ordinance. In enacting this Ordinance, the Board intends to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Police Code that are explicitly shown in this Ordinance as additions, deletions, Board amendment additions, Supervisors Campos, Cohen, Kim, Avalos, Wiener, Mar, Breed, Chiu, Yee and Tang BOARD OF SUPERVISORS Page 10 311912013 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and Board amendment deletions in accordance with the "Note" that appears under the off icia title of the Ordinance. APPROVED AS TO FORM: DENNIS J. H RRERA, City Attorney By: ERIN STEW Deputy City Attorney n:% 1egana 1as201311300265100834223.doc Supervisors Campos, Cohen, Kim, Avaios, Wiener, Mar, Breed, Chiu BOARD OF SUPERVISORS Page 11 3/19/2013 City and County of San Francisco cayaall 1 Dr. Carlton B. Goodlett Place Tails San Francisco, CA 94102 4689 Ordinance File Number: 130262 Date passed: May 14, 2033 Ordinance amending the Police Code, Article 43, Sections 4301, 4302, 4303, and 4304, to replace the existing eight -foot bubble zone around individuals entering, exiting, and seeking services at health care facilities with a fixed buffer zone around the entrances, exits, and driveways of reproductive health care facilities; and to prohibit any person from entering or remaining in that buffer zone, with certain exceptions; and :making environmental findings. April 18, 2013 Neighborhood Services and Safety Committee - RECOMMENDED May 07, 2013 Board of Supervisors - PASSED, ON FIRST READING Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener and Yee . May 14, 2013 Board of Supervisors - FINALLY PASSED Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener and Yee File No. 130262 1 hereby certify that the foregoing Ordinance was FINALLY PASSED on 511412013 by the Board of Supervisors of the City and County of San Francisco. Angela Caivillo Clerk of the Board M yo Date Approved City and County of8an Frandsvo Page 4 Printed a1 2:03 pm on 5115113 o C% l V I WTE S 4 SPECIAL JOINT MEETING cLtFaR'A CITY COUNCIL AND PLANNING COMMISSION OF THE CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Hall, 440 Grand Avenue) South San Francisco, California 94083 Meeting to be held at: MUNICIPAL SERVICES BUILDING CITY COUNCIL CHAMBERS 33 ARROYO DRIVE WEDNESDAY, JUNE 19, 2013 6:30 P.M. Purpose of the meeting: Call to Order. TIME: 6:30 p.m. 2. Roll Call. PRESENT: Planning Commissioners Giusti, Khalfin, Wong and Zemke, Planning Commission Chairman Ochserhirt Councilmembers Addiego, Garbarino and Gupta, Mayor Pro Tem Matsumoto and Mayor Gonzalez ABSENT: Planning Commissioner Sim and Planning Commission Vice Chair Martin 3. Public Comments — comments are limited to items on the Special Meeting Agenda. Mayor Pro Tern Matsumoto stated she was the one responsible for calling the Special Meeting together and did so in order to address some of the concerns she has been having. She expressed her displeasure about the process and felt it had been lacking on several fronts, but most notably the noticing and community outreach. She believed that staff had not done an adequate job of keeping both bodies informed of the process or in reaching a significant number of residents to participate in the study sessions. She also took issue with the item being noticed as the Downtown Plan and only to downtown businesses and residents. Believing the downtown belonged to all residents, she felt the whole community should be allowed to offer input. An additional concern was related to the availability of materials provided by the consultants. She apologized to residents on behalf of the Council and Planning Department and announced the next meeting would be held in October, with further information available in September. Lastly, she reminded staff to aim their outreach efforts at the entire City of South San Francisco. Planning Commission Chairman Ochsenbirt respected Mayor Pro Tern's views but did not share in her analysis of the process. Speaking on behalf of the Planning Commission, he felt staff had done an adequate job of keeping the Planning Commission informed though agreed that community outreach efforts could be improved upon. Councilmember Addiego was appreciative of the Mayor Pro Tem calling for the meeting and agreed it was long overdue. He understood her concern, but noted this was a study session and not an action item. It was important to consider community meetings as venues for people to express themselves and as such, elected officials should not always be in attendance. While he was not completely upset with process so far, he agreed there needed to more of an effort to get the community involved. Councilmember Gupta agreed the downtown belonged to all residents and therefore the plan was not a localized project with neighborhood impact alone. He looked forward to the evening's presentation and would not make judgments at this point in time. 4. Study Session --- Downtown Specific Plan Update. Principal Planner Gerry Beaudin presented the staff report and introduced members of the consultant team Barbara Maloney and Paige Martin of BMS Design, Janet Smith - Heimer from Bay Area Economics, and Mehgan Weir of Fehr and Peers. The information given tonight had been presented to the public and formed as a result of stakeholder interviews, community meetings, website input, surveys, technical advisory committee ( "TAC ") analysis and with input from the Subcommittee, containing members of Council and the Planning Commission. Before moving to the next level staff wanted input from Council and the Commission to get somewhat of a formal agreement on the land use alternatives. Focus outline was around transportation, housing, parking, and design improvements, and financing opportunities. Comment and directions received tonight would further shape the plan. Mayor Pro Tem requested detailed synopsis of outreach efforts and groups and people in attendance in a Friday memo. Planner Beaudin stated he would provide Council and the Commission the synopsis requested. SPECIAL JOINT CITY COUNCIL AND PLANNING COMMISSON MEETING JUNE 19, 2013 MINUTES PAGE 2 Councilmember Garbarino noted the outreach materials had been translated into Spanish, and suggested additional translations be provided as well. Planner Beaudin explained funding had only covered Spanish but additional Ianguages would receive the consideration requested by the Councilmember. BMS Consultant Barbara Maloney presented a power point presentation detailing the Downtown Station Area Plan. She noted the process was at the half way mark with quite a bit left to do. Tonight would be a review of where we were, how we got there and an opportunity to get input from Council and the Commission. The presentation covered the following topics: Station Area goals and plan outcomes, anticipated schedule, community outreach activities and generated input, land use alternatives, Downtown and Grand Avenue improvements, and circulation and parking issues. Mayor Pro Tem Matsumoto requested specified details regarding the schedule provided. Consultant Maloney reviewed the schedule, highlighting key information about future events /dates. There would be seven months to prepare for the Specific Plan and the final Environmental Impact Report ( "EIR ") would go out in approximately nine months. Public review would be in January, 2014 with two public hearings scheduled in the Council Chambers. Based on comments, modifications would be made and the item was slated for approval in April or May of 2014. Being that there are new members on both bodies, Mayor Pro Tem Matsumoto and Chair Ochsenhirt asked for rosters of the Technical Advisory Group and the Citizen Advisory Board. Councilmember Gupta asked what critical activity could delay the schedule. Consultant Ms. Maloney reported the EIR would be the biggest time -taker and that it should be initiated soon. It was critical to know and feel comfortable about where things stood in the next month. Another key would be traffic impact as it is always the most time and resource consuming. It's important to get that started within the next three months. Commissioner Wong asked if there would be a workshop after the specific plan was developed or some other way for community to provide input. Public Review would be in January. Planner Beaudin noted this had historically been done with Planning Commission and notice for public attendance. Consultant Maloney reported the issues and opportunities shared during the public meetings. There was a lot of interest in improving the downtown, but not so much the area referred to the Eastern neighborhood. Additionally, issues regarding the Caltrain station were brought up, namely its unattractive and unsafe qualities. The community was 100% behind the relocation of the station. People found the station unsafe for the reasons that there was low foot traffic, low visibility and inadequate lighting. SPECIAL JOINT CITY COUNCIL AND PLANNING COMMIS SON MEETING JUNE 19, 2013 MINUTES PAGE 3 As a result, Land Use alternatives "A" and `B" were created, each having a different mix and balance of uses. These alternatives were based on many things heard from the first community meeting and subsequent community advisory meetings. The main components of each alternative were reviewed. Components shared by each alternative included: historic core, protection of Grand Avenue scale, focused neighborhood retail centers and downtown mixed use. Councilmember Gupta questioned how either alternative met the goals of the community, which were reported as (1) keeping the City's historic nature and (2) keeping downtown unique. How does high density relate to the goals? Consultant Maloney noted with both alternatives, there was a slight reduction in the allowable height for the front of the buildings in the Grand Avenue area to maintain the historic character and protect the special facades. Certain residential areas would see no change in designation with the intention to keep the residential and just provide opportunities for more services and amenities, particularly up Linden Avenue. Other improvements built upon the current framework. Further clarity of the connection would come deeper into the presentation. Consultant Maloney continued to discuss the features of each alternative but added the circulation framework was common between the two as the strategy worked for both scenarios. Mayor Pro Tem Matsumoto asked if TAC had informed her about the current plans to shut the off ramps on to Miller Avenue. Consultant Maloney had been made aware of the plan. Moving on to Grand Avenue and the Downtown, Consultant Maloney discussed its current look and needs. Pedestrian improvements, building improvements and parking alternatives were discussed. There were currently 163 parking spaces from Airport to Spruce, mostly angled. if parking places were changed to parallel, which was consistent with most downtowns, there would be 141 spaces, a loss of 13 %. With the available parking in the Miller Avenue Garage, this was not a bad scenario. This change would allow the sidewalks to be widened to 15 feet and the addition of fun streetscapes that would help create revitalized community. She also noted the option of special paving in certain areas that could identify pedestrian oriented uses for special events like farmers markets and street fairs. Commissioner Giusti felt sidewalk dining would be better suited on Linden Avenue as it gets less wind. Other items discussed included the overreaching goals for circulation, downtown parking assessments and recommendations and a summary of work to day. This concluded the presentation. Mayor Gonzalez called for Public Comments. Kirsten Spalding of the San Mateo Union Community Alliance noted the importance of the plan SPECIAL JOINT CITY COUNCIL AND PLANNING C3MMISSON MEETING .NNE 14, 2013 MINUTES PAGE 4 to the region as a whole. Together, a coalition of community groups had come up with a Community Benefits Platform, which she distributed. This was an opportunity to create a vision of economic prosperity, the platform emphasized those needs. She encouraged Council and staff to make policy statements about the types of housing and businesses we want, jobs that pay descent salaries, housing options for people at all ends of the spectrum with options for rental and ownership. Members of the coalition were present to speak in greater detail about elements of the platform. Bill Nack of the San Mateo County Building Trades Council spoke about the importance of creating policy that focuses on bringing good jobs to the City and using local workforce and materials. Policies requiring the training and use of apprentices would help local youth learn skills that would help them earn good wages in the future. He requested wage and training policies be written in to the plan, ensuring private corporations had to follow what government already does. Lastly, he spoke about writing policy that prohibits big box retailers above a certain size or have the option of denying a retailer that intended to pay low wages and not allow their employees to have a voice. He hoped this would be an opportunity to create a vibrant and viable community. South San Francisco resident and sheet metal apprentice Steven Martinez believed the plan should create good jobs with career pathways and decent wages. The plan should ensure the use of local labor and local materials, reinvesting into the local community. TransForm representative Sandra Padilla supported a lot of the vision presented tonight and thanked Council and staff for recognizing the lack of a parking issue. A concern of hers was the plan hinging on the Caltrain station relocation. The lack of information to date led her to believe an alternative plan needed to be realized in the meantime, making use of the current station and improving current connections. A timeframe of 20 years was 20 years lost in a fragmented city and downtown. Mayor Pro Tem. Matsumoto stated South San Francisco was ahead of most cities and was good to go with the plan to move the station. She spoke about opportunities for funding and programs down the pipeline and requested TransForm advocate on the City's behalf. Serena Ip of the Housing Leadership Council of San Mateo County spoke. She was happy to see the process moving forward and found it timely with the passing of the Bay Area Plan. She was supportive of the plan and looked forward to seeing more options of affordable housing. Mayor Pro Tern Matsumoto asked Ms. Ip what she considered affordable housing. It was her opinion that South San Francisco had done more than its fair share of affordable housing and did not think the downtown was an optimum location for more due to the location of public transit and retail stores being greater on El Camino Real ( "ECR " ). Ms. 1p noted the Leadership supported housing at all income levels but felt San Mateo County should focus more on low to moderate incomes, which was reported as $71,000 for an individual and $101,000 for a family of four. SPECIAL JOINT CITY COUNCIL AND PLANNING COMMISSON MEETING JUNE 19, 2013 MINUTES PAGE 5 Kenneth Rosales with the Loma Prieta Chapter of the Sierra Club expressed support for some of the plan's aspects including grouping new homes and jobs near transit. However, he thought the plan could go a little further in addressing climate change by adopting state of the art bicycle infrastructure, including low impact development such as permeable surfaces and green roves, performing energy efficient retrofits and striving for zero waste. Resident Priscilla Romero expressed interest in car sharing/pooling and bike sharing programs. She also wanted to reiterate the earlier comment about moving forward with plans that utilize our current Caltrain station. Lastly, she hoped for more outreach in the Hispanic /Latino community as the development on Linden Avenue would be more of an impact for them. Commissioner Zemke asked how double parkers would be addressed. Also, would it take more time to parallel park, thus adding to congestion? Commissioner Zemke also felt the creation of a neighborhood cast of 101 could be problematic. Consultant Maloney stated there had been debate about bike lanes on Grand Avenue and understood that additional thought should be given. She agreed with the Commissioner regarding an East of 101 neighborhood. As a bike rider, Commissioner Wong agreed with Commissioner Zemke and noted his tendency to avoid overly crowded and busy streets. His questioned the impact on bus stops if streets were narrowed. Consultant Martin responded that bus travel lanes should be fine. Regarding the bike lanes, there were design elements that could be done to make it prominent that they are not areas intended for parking. She added, parallel was beneficial to business wise as it slowed down the traffic and allowed people to view storefronts. Commissioner Wong asked at what point staff would go after the desired developers and businesses. Consultant Maloney noted that would be during the implementation stage. At that point survey programs would become available on a whole range of things such as business improvements, attraction, and retention. Planner Beaudin noted there would be a program level EIR that would streamline the process and lay down framework for developers and business owners. This would give us leg up on competitors for developers in the area. Commissioner Khalfin agreed with the comments regarding the importance of the Caltrain station. The good and bad of the situations was that we have seen what stations can do, but it takes extremely long. is there a timeline to engage players that are needed in the discussion? Consultant Maloney noted the fact that the City was already highly aware and engaged, and this is something that would be also done during the implementation section of the plan. Pressure to move the station needed to remain and further stets and critical dates would be identified to kee SPECIAL JOINT CITY COUNCIL AND PLANNING COMMIS SON MEETING JUNE 19, 2013 MINUTES PAGE 6 the issue moving forward. Chairperson Ochsenhirt stressed the importance greater community involvement. He thanked the San Mateo County Union Alliance for their presence and requested that they conduct further outreach on behalf of the City. With regard to relocation of the Caltrann station, the Chairperson noted how the federal governments' and the bullet trains' roles as sticking points for any rail movement in the state. Lastly, he saw the land use alternatives as "A" plus `B" rather than "A" or "B ". His opinion on housing was that the vacant property on Airport Boulevard was prime location for high rise, high density housing with the ability to have a transit corridor served by Caltrans and SamTrans. Councilmember Addiego agreed with Chairperson Ochsenhirt and saw the land use alternatives not as exclusive, but as a phase one and two. Taking into consideration other recent peninsula housing developments such as Arbor Rose, the possibilities for an urban environment east of 141 had potential. High rises were communities in and of themselves and supported a nice environment for their residents. Councilmember Addiego was glad the meeting had been called and the topic distilled. The issues expressed by community members have been on Council's radar for many years. Older residents remember what the downtown was and what it could be. Those who don't have the memory think of what it can be. The downtown had a root and a core; it was not dead, but it needed help in achieving its future. Lastly, he was somewhat disappointed with the absence of some of the commissioners, one of whom had listed his high ideas about the downtown and created quite a buzz. People were enchanted by the thought of downtown being a place with opportunities for entertainment and educational venues. We need to keep reaching, but this was a great start. Mayor Gonzalez also wanted a complete package for downtown, including an entertainment component. Councilmember Garbarino noted South San Francisco as one of the unique cities where its downtown did not run parallel or into ECR. Still, there was a unique opportunity for downtown. We have heard what it isn't but he wanted to put that behind us and develop what it could be. He noted that Redwood City had built around its courthouse. This was a golden opportunity to take advantage of what we have, and that's what we should do. Housing should be in the plan, but it could be done in areas in addition to Grand Avenue. Lastly, Councilmember Garbarino thanked staff for a job well done. Commissioner Giutsti stated the Chinese New Year event showed how vibrant Grand Avenue could be, it just needed help. Councilmember Gupta noted how extensive the development planning had been. He believed the issue was in the implementation. This particular development had a lot of stake holders, and it was critical for those stakeholders to cooperate and work together on a solution that they have adopted themselves. He wanted to continue the push for community involvement during the implementation, not just the planning, good thinking and intentions alone would not make it happen. We have to create confidence that these are more than just plans. He agreed with setting policies that would help set up and support the implementation process. The 1p an should not be SPECIAL JOINT CITY COUNCIL AND PLANNING COMMISSON MEETING JUNE 19, 2013 MINUTES PAGE 7 fixed; it should be living and adaptable. He looked forward to these items being addressed and a more inclusive and detailed discussion. Mayor Pro Tern Matsumoto went over the numbers in attendance at the community meetings and stated that for a community of 65,000, more involvement was necessary. She encouraged the consultants to open up the lines of communication with residents, staff and the City's Boards and Commissions as a lot of the issues brought up by the community were currently being addressed or in the works. These things needed to be conveyed to the community through future presentations. Another issue that should be brought to attention was the airport noise that may affect communities built east of 101. Lastly, she hoped to see more information on funding sources. With regard to funding, Councilmember Garbarino stated there were many out there more than willing to be partners with developers; electrical workers and Organized Labor San Mateo County for instance. Mayor Gonzalez agreed with many of the sentiments expressed by his colleagues. He noted the difficulty in getting the community to attend meetings from one end of the City to the other and suggested holding meetings in the Westborough area. He also liked the idea of the new parking meters. The downtown has been in decline for sometime, improvements needed to be made now. Lastly, he noted some design elements he would like to see based on what he's observed and liked in other cities, notably Daly City. Councilmember Addiego mentioned Daly City's Westlake Shopping Center and its Main Street as being conducive to pedestrians. Mayor Gonzalez thanked the Consultants and staff for their work. 5. Adjournment. Being no further business, Mayor Gonzalez and Chair Ochsenhirt adjourned the meetings at 5:27 P.M. Submitted: Approved: Anna M. Brown, Deputy City Clerk Pedro Gonzalez, Mayor City of South San Francisco City of South San Francisco Approved: Rick Ochsenhirt, Chairperson City of South San Francisco Planning Commission SPECIAL JOINT CITY COUNCIL, AND PLANNING COMMIS SON MEETING JUNE 19, 2013 MINUTES PAGE 8 AGENDA 1",* Q Mgr CITY COUNCIL n CITY OF SOUTH SAN FRANCISCO o REGULAR MEETING MUNICIPAL SERVICES BUILDING COUNCIL CHAMBERS 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, JULY 10, 2013 7 :00 P.M. CALL TO ORDER TIME: 7:00 p.m. ROLL CALL PRESENT: Councilmen Addiego and Gupta, Mayor Pro Tenn Matsumoto and Mayor Gonzalez. ABSENT: Councilman Garbarino. PLEDGE OF ALLEGIANCE PRESENTATIONS • Certificate of Recognition presented to Boy Scouts of America, Troop 42 Eagle Scout Badge Recipient, Christian Villanueva, Laura Fanucchi from HIP Housing introduced Christian Villanueva and his father Tony Villanueva who had been on HIP Housing's Board of Directors for over 10 years. She described the project Christian completed for his Eagle Scout Badge, which included refurbishment of a HIP Housing residential site in South San Francisco. Council presented Christian with a Certificate of Recognition and thanked him for his hard work. • Certificate of Recognition presented to Lifesaving Hero Youth, Kaylee Schirmer. The City Council presented a Certificate of Recognition to 7 year old Kaylee Schirmer for her life saving efforts, which saved her Grandmother from choking. After the conclusion of the presentation of certificates, Mayor Gonzalez invited Public Safety Chief Massoni to give an overview of the rescue efforts undertaken after the Asiana Airlines plane crash at San Francisco International Airport. Public Safety Chief Massoni noted that the initial call came at 11:33 am on Saturday July 6, 2013 and the airport was advising of a crashed plane adjacent to the runway. The whole South San Francisco Fire Department responded to the scene. The Police Department also responded and was stationed for perimeter and site security. The officers assisted the NTSB with evidence gathering. Fire personnel assisted with the suppression of the fire and triage for the victims. Certain of the City's paramedic staff entered the aircraft and helped 7 victims escape and a South San Francisco paramedic also accompanied the Coastguard to transfer a critical patient to Stanford by helicopter. Every piece of equipment and apparatus in South San Francisco was there assisting with the rescue operation. In response to a question by Councilman Addiego, Chief Masson confirmed that the Fire Department did indeed use the Rescue Fire Boat to search for victims in the bay and it was an integral part of the process. Councilman Gupta shared his personal experience, having witnessed the crash while walking the Bay Trail. He thanked the Fire and Police Departments for their efforts. Mayor Pro Tern Matsumoto also thanked the City's Public Safety staff and added that she was very impressed by their response. In response to inquiry by Mayor Gonzalez, Chief Massoni confirmed that all persons on the aircraft had been accounted for; however the death toll amongst the injured could rise. AGENDA REVIEW No changes. PUBLIC COMMENTS Wynn Grcich addressed the issue of fluoride in our water and pointed to an article posted by the South San Francisco Patch that linked fluoride with certain health risks. Dave Radcliffe with the South San Francisco Grocery Outlet spoke about independence from hunger. Hunger is a reality for over 50 million Americans, affecting one in 7 people living in the United States. He advised South San Francisco Grocery Outlet would be kicking off its third Annual Independence From Hunger Food Drive, a month -long companywide campaign. In the past 2 years, the Company had raised over $500,000 in cash, gift cards and food donations. During the month of July, the Grocery Outlet was encouraging customers to donate food and cash to support North Peninsula Food Pantry and Dining Center in Daly City which serves 2,500 families each year. ITEMS FROM COUNCIL • Announcements. • Committee Reports. Councilmembers reported on attendance at community meetings and events, including the Pacific Islander Interfaith Music Festival organized by the Pacific Islander Initiative, the HOPE meeting, and a Mayors' meeting on water infrastructure. Announcements were made regarding the National Night Out on August 6a', the Community Outreach program which distributes backpacks to needy school children, the Climate Action Plan Meeting on July 17th at Magnolia Center, and events for first time homebuyers' loans on July 1P in the City Council Chambers. Councilman Addiego commented on the high interest rates he observed being offered while he was present at the opening of the Appoyo Financario on Grand Avenue. REGULAR CITY COUNCIL MEETING JULY 10, 2013 AGENDA PAGE2 Mayor Pro Tem Matsumoto requested that the Meeting be adjourned in honor of Dr. Howard Cohen. Councilman Addiego requested that the meeting be adjourned in honor of Primo Repetto. Motion to approve League of California Cities Designation of Voting Delegates and Alternates. Motion- Councilman Addiego /Second- Councilman Gupta: to approve Councilman Garbarino as the designated voting delegate and Mayor Pro Tem Matsumoto as alternate at the upcoming League of California Cities Conference. Approved by the following voice vote: AYES: Councilmen Addiego and Gupta, Mayor Pro Tem Matsumoto and Mayor Gonzalez. NOES: None. ABSTAIN: None. ABSENT: Councilman Garbarino, CONSENT CALENDAR 1. Motion to approve the Minutes of the Meetings of June 26, 2013, 2. Motion confirming payment registers for July 10, 2013. 3. Resolution No. 66 -2013 accepting grant funds in the amounts of $357,000 and $1,000,000 from the City /County Association of Governments of San Mateo County OneBayArea Grant ( "OBAG ") and amending the 2013 -2014 Capital Improvement Program Budget. 4. Resolution No. 67 -2013 approving an amendment to an Existing Consulting Services Agreement with URS Corporation of San Jose, California for an additional scope of the work to include Engineering Services during the construction of the US 101 Ramp Improvement Project (Project No. tr1010) in an amount not to exceed $60,620. 5. Resolution No. 68 -2013 awarding the construction contract to Roofing Constructors Inc. dba Western Roofing Service of San Leandro, California for the Siebecker Recreation Building Roof Replacement (Project No. pf1303), in an amount not to exceed 5104,993. Motion— Councilman Gupta/Second— Mayor Pro Tem Matsumoto: to approve Consent Calendar Items I and 2. Approved by the following voice vote: AYES: Councilmen Addiego and Gupta, Mayor Pro Tem Matsumoto and Mayor Gonzalez. NOES: None. ABSTAIN: None. ABSENT: Councilman Garbarino. Mayor Pro Tem Matsumoto noted that she pulled items 3 -5 to commend and thank staff for thorough staff reports presenting the items. Due to the thoroughness of the reports, she had no questions. Motion— Mayor Pro Tem Matsumoto /Second Councilman Gupta: to approve Consent Calendar Items 3 -5. Approved by the following voice vote: AYES: Councilmen Addiego and Gupta, Mayor Pro Tern Matsumoto and Mayor Gonzalez. NOES: None. ABSTAIN: None. ABSENT: Councilman Garbarino. REGULAR. CITY COUNCIL MEETING JULY 10, 2013 AGENDA PAGE 3 PUBLIC HEARING 6. ARE - Robert Kain/Owner ARE -SF No. 44, LLC /Applicant 249 East Grand Ave. P05- 0019:UPM13 -0002 & DAA13 -0002 Development Agreement Amendment for the previously entitled 249 East Grand Avenue Office /R &D Project, to reflect modifications to the Use Permit to allow a parking space reduction resulting in a ratio of 2.50 Parking Spaces per 1,000 square feet, minor building adjustments and temporary off -site parking at 213 East Grand Avenue during Phase IV Construction at 249 -289 East Grand Avenue in the Business Technology Park (BTP) Zoning District in accordance with SSFMC Chapters 19.60, 20.110 & 20.330. Senior Planner Catherine Barber provided historical background on the project. The amended development agreement included the noted project changes as well as a requirement for the applicant to pay the public safety impact fee that was adopted by City Council in 2012. Changes were made to increase the public art timing requirement as well as modifications to the Rails to Trails terms in order to be consistent with other properties in the area. However, the project modifications would not change the site, building design or square footage. In fact, even as modified the project remains consistent with the City's goals and policies of the General Plan Land Use Element. Public Hearing opened: 8:05 p.m. Public Hearing closed: 8:06 p.m. Mayor Pro Tem. Matsumoto requested clarification on the public art timing requirement as well as the Rails to Trails program. Senior Planner Barber explained that the public art timing requirement was increased so that it could be accomplished sooner. In regards to the Rails to Trails program, the obligations were enhanced for earlier completion and access. Ultimately it would be a bike and pedestrian trail and the applicant would be required to provide stair and wheelchair access to the trail. In response to further inquiry by Mayor Pro Tern Matsumoto, Senior Planner Barber noted that the new cafeteria and gym would be exclusively for employee use. The intent was to decrease single car trips leaving the campus during the day, In terms of the parking reduction plan, Senior Planner Barber assured Mayor Pro Tem Matsumoto that the temporary parking site would be landscaped. Mayor Gonzalez shared his concerns pertaining to maintenance, given his experience in walking the bay trail with his wife and finding that companies failed to properly maintain it. He also touched on the subject of ferry ridership and encouraged companies to subsidize the service for their employees. Motion— Mayor Pro Tern Matsumoto /Second- Councilman Addiego: to waive reading and introduce an Ordinance amending the Development Agreement Amendment for the previously entitled 249 -289 East Grand Avenue Office/R&D Project. Approved by the following voice vote: AYES: Councilmen Addiego and Gupta, Mayor Pro Tern Matsumoto and Mayor Gonzalez, NOES: None. ABSTAIN: None. ABSENT: Councilman Garbarino. REGULAR CITY COUNCIL MEETING JULY 10, 2013 AGENDA PAGE4 ADMINISTRATIVE BUSINESS 7. City Signage Master Plan. Parks and Recreation Director Ranals presented the staff report related to the proposed City Signage Master Plan. She noted that as neighboring cities have installed more sophisticated signage and upgraded landscaping, the City of South San Francisco has retained more rustic wooden signs that are comparatively not as attractive. For that reason, staff recommended that the Council approve the draft Gateway Master Plan for signage and landscaping at key entrances to the City. Brian Fletcher of Callander and Associates was consulted to help guide a subcommittee comprised of Mayor Pro Tem Matsumoto, Parks and Recreation Commissioners Sean Garonne and Doug Reynolds, as well as staff from the Parks and Recreation Department and Planning Division through development of the present proposal. The subcommittee identified I l signs that should be replaced over time. The Parks and Recreation Commission approved the plan unanimously at a public meeting. There is no funding for the proposed signs at this time. In response to a query by Councilman Gupta related to signage requirements on El Camino Real, Parks and Recreation Director Ranals stated there were no firm requirements and she believed each City had some discretion. Councilman Addiego's question on the need for a review By CalTrans was positively affirmed and Parks and Recreation Director Ranals added that a permit would be required to implement the changes. Mr. Fletcher presented the work done by the subcommittee. The basic purpose was to utilize the Gateway features, to enhance the identity and visibility of the City and to welcome visitors. The Master Plan was intended to be a roadinap for future implementation. Each entry point to the City posed its own set of opportunities and constraints. The proposal represented a large effort to set up a loose framework of guidelines so that as funding becomes available the program could be implemented with consistency. Mr. Fletcher provided a PowerPoint presentation demonstrating the themes for the proposed signage. In response to a query by Councilman Addiego on the DNA pattern inspiration, Mr. Fletcher noted the DNA helix was being referenced in a subtle way. Councilman Gupta thanked the group for its efforts, but stated his belief that the roles of the signs were not only to inform but to advertise the City and the direction it is taking. He added that the signage was too subtle and would want drivers to be able to grasp that they are approaching the biotech capital of the world. He thought the signs should reference the double helix more directly. He acknowledged that this was a larger discussion but wanted to make sure that the signage would be consistent throughout the city. He strongly suggested that the subcommittee consider the whole area around each sign which would be just as important as the sign itself He also cautioned that the fact that the signs would be backlit brought some concerns in the case of power outages. REGULAR CITY COUNCIL MEETING JULY 10, 2013 AGENDA PAGE 5 In response to Councilman Gupta's remark about the scale of the signs, Mayor Pro Tern Matsumoto noted that as a part of the process, the subcommittee drove around the City, studied the current signage and took into consideration that the size of the sign would be influenced by the surrounding area. Mr. Fletcher added that this was step one of the design process and there would time for revision and input. Mayor Gonzalez liked the idea of locating a sign by the freeway exit at the Holiday Inn and by Highway 101 South. He would have also liked to see a welcome sign by the Pacific Railroad Bridge on Airport Boulevard. Parks and Recreation Director Ranals responded that the subcommittee had focused on City boundary locations, but Council could propose more locations in the future. Motion- Councilman Gupta/Second- Councilman Addiego.: to approve the City Signage Master plan concept subject to further review. Approved by the following voice vote: AYES: Councilmen Addiego and Gupta, Mayor Pro Tern Matsumoto and Mayor Gonzalez. NOES: None. ABSTAIN: None. ABSENT: Councilman Garbarino. 8. Resolution No. 69 -2013 adopting Employee Wellness Guidelines for healthy beverage, food, and physical health. Public Works Administrative Assistant and Chair of the Employee Wellness Committee, Marissa Garren, presented a Resolution adopting employee wellness guidelines. She explained that in 2012, Council adopted a Resolution recognizing South San Francisco as a Healthy Eating Active Living (HEAL) City. Staff then formed an employee wellness committee with members from each department who meet on a regular basis to improve health and wellness throughout the City. Staff collaborated with Generations Community Wellness, a non -profit organization which works with other agencies and organizations to develop such guidelines. The proposed guidelines are not intend to prohibit employees from bringing food from outside that does not meet the guidelines, but rather to change the choices provided by vending machines at City facilities and foods provided at city - sponsored events and employee meetings. The guidelines were shared with local catering companies that the City works with and received positive and supportive feedback. Another element of these guidelines is increased exercise and physical activity throughout the work day and the encouragement for walking meetings instead of meetings held in conference rooms. Furthermore, the implementation of stretch breaks for every 60 minutes during meetings held and stretch breaks at workstations. Through the guidelines, employees are also encouraged to take advantage of free recreation classes and workout rooms provided at some city facilities. The adoption of these guidelines would be a major stepping stone for the employee wellness program and the HEAL campaign while setting a good example for the community. Councilman Gupta agreed with the intent but questioned the limitation on choices and restrictions that would be implemented. He cautioned that there have always been fads that were later discredited and wondered if the guidelines were too officious. He believed good food is a moving target and would depend on who is eating it and under what circumstances. REGULAR CITY COUNCIL MEETING JULY 10, 2013 AGENDA PAGE 6 Mayor Pro Tern Matsumoto noted that the school system has the highest obesity rate and school children have access to the City vending machines when taking part in City programs. She opined that the City was inadvertently contributing to the obesity epidemic. Councilman Addiego opined that if unhealthy choices were absent then he and others would be more likely to choose a healthier option. Ms. Garren added that the guidelines would only be required for City - sponsored food and beverages. Employees would still have other choices when bringing their own food and beverages. Mayor Gonzalez believed these guidelines would be good for the City and compared this issue to the choice of smoking. He added that employees and others could eat and drink whatever they wanted once they got home. In response to inquiry by Mayor Pro Tem Matsumoto on the accessibility of workout rooms at City facilities for employees from other departments, Ms. Garren clarified that workout rooms at City facilities are open for all employees and added that the swimming pool is also available in the early morning hours. Mayor Pro Tern Matsumoto suggested that the City send out a memorandum informing employees of these exercise opportunities. Mayor Gonzalez added that the guidelines should be shared with the community and the School District. All Councilmembers encouraged making the School District aware of the City's efforts related to the guidelines. Motion- Councilman Gupta/Second- Mayor Pro Tern Matsumoto: to approve Resolution No. 69- 2013. Approved by the following voice vote: AYES: Councilmen Addiego and Gupta, Mayor Pro Tern Matsumoto and Mayor Gonzalez. NOES: None. ABSTAIN: None. ABSENT: Councilman Garbarino. COMMUNITY FORUM Mayor Gonzalez announced a Spaghetti Feed Fundraiser for the Boys and Girls Club that would take place on September 28, 2013 from 5 -8 pm. ADJOURNMENT Being no further business, Mayor Gonzalez adjourned the meeting at 9:20 p.m. in honor of Primo Repetto apd Dr. Howard Cohen. fitted: X I-" Approved: Kri )sta Joy a 'nel)� Pedro Gonzalez City ex ty of South San Francisco Mayor, City of South San Francisco REGULAR CITY COUNCIL MEETING JULY 10, 2013 AGENDA PAGE 7 Listing of City Payments for Council Review certify that the payments shown on this payment register are accurate and sufficient funds were available for payment.` DATED 7/1912013 FINANCE DIRECTOR Note: Items below do not include payroll related payments Checks: Date Amount 47108/13 168,180.79 07/10/13 1,159, 718.18 07/15/13 521,214.19 07/17/13 292,581.78 Electronic Payments: Date Amount To Description Total Payments $ 2,141,694.94 t M a LO a) zn m W r� O N a� r o 0� �M LL U N co — Uy U a a) ZI in .CD� 0 J � a � � c U) a) (A Cd C ai M Q N 00 ti 0 C a m 4# Y U W a U W U z O_ a U W W U 0 Z co M1 M1 0 M1 1~ 6) � �t co (.Q M 00 00 00 If to M1 Lo m M M1 0o 0o M co 00 00 c0 co r r r r r r r v v � v zt � a° 1r tir t Et Cr v � rr N N N N N N N N N N N N N N N N N N N N N N N N N N N N N (Ij w w W H z D 0 U U d J D 0 U ry w z o 0 0 M1 N � O co V) M N 0 0 00 N w r M V N CO O 00 N r V co N 06 N M1 Lo 1-- N Q 0 O M1 Q M1 N M M1 6 O N r N r N N if} L.() r 67 C() N �.- N N N O Id- M 00 LO CO Q to M1 M N r M Lo O M1 0 r M M co Cl) co W O Z "T ( p N -t U.) 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LL CO N U) Cfl co o V 00o N T N W m 0 rb O U J_ S ca H a J W_ LL CC LU D U) N °o r CI rn � H ry Q Do Do Q O LU— — — W r r r cr 4 O O Q U U-) LO U-) H < m U) U) U) > 0 (7 (D o LU Z S S S w U U U Z m W W W ¢zE-LEL a. w Q 00 o (J U) U U U 0 o o O Cl) (D 3: ?: 3: LFT 2i 0 U U U N O O CD r r- M N Cl) r- M O La r ct SCi tLS Cc N J W Z F � Z D w Q 2 a o z Z U � LL' � Q m Q 0 w W Z - yr O � J_ Q w O LL z � � A 1- W W a Z W A W IL U U z Z R 00 U � � 0 C U 0 0 0 co S � z F LU w UU) S Z 13' LU o a z D � 2 F e` A tD 4 oq Q U 0 U U a d Q LU U rr D m w z ti T N N 64 ti ti N r+4 N w o Q y � 9�S ~ a, Rf Q o y O c'�Z7FORA Staff Re-Dort DATE: July 24, 2013 TO: FROM: Honorable Mayor and City Council Marty Van Duyn, Assistant City Manager SUBJECT: AN ORDINANCE APPROVING AN AMENDED DEVELOPMENT AGREEMENT FOR THE PREVIOUSLY ENTITLED 249 EAST GRAND AVENUE OFFICE /R &D PROJECT, TO REFLECT MODIFICATIONS TO THE USE PERMIT TO ALLOW A PARKING SPACE REDUCTION RESULTING IN A RATIO OF 2.50 PARKING SPACES PER 1,000 SQUARE FEET, MINOR BUILDING ADJUSTMENTS AND TEMPORARY OFF -SITE PARKING AT 213 EAST GRAND AVENUE DURING PHASE N CONSTRUCTION AT 249 -289 EAST GRAND AVENUE IN THE BUSINESS TECHNOLOGY PARK (BTP) ZONING DISTRICT IN ACCORDANCE WITH SSFMC CHAPTERS 19.60, 20.110 & 20.330. Applicant/ Property Owner: Alexandria Real Estate Equities, Inc. (ARE) Site Address: 249 — 289 E. Grand Avenue (APNs: 015 -050 -440 & 015- 050 -450) Case Nos. P05 -0019: UPM13 -0002 & DAA13 -0002 RECOMMENDATION: It is recommended that the City Council waive reading and adopt an Ordinance to approve Development Agreement DAA13 -0002. BACKGROUND/DISCUSSION: The City Council previously waived reading and introduced the following ordinance. The ordinance is now ready for adoption. AN ORDINANCE ADOPTING A FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE 249 EAST GRAND AVENUE OFFICER &D PROJECT (Introduced on 7/10/2013; Vote to Waive Reading and Introduce Ordinance: 5 — 0) By: By: Marty Van Duyn agel Assistant City Manager 0 City Manager Attachments: I. Ordinance 1 �g7alw ORDINANCE NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA AN ORDINANCE ADOPTING A FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE 249 EAST GRAND AVENUE OFFICER &D PROJECT WHEREAS, Alexandria Real Estate Equities (ARE) ( "Owner" or "Applicant ") submitted an application requesting approval of Use Permit modifications and modification of the associated Development Agreement, which would collectively authorize a parking space reduction from the previously approved ratio of 2.83 parking spaces per 1,000 square feet to 2.5 parking spaces 1,000 square feet; deferring construction of the parking garage from Phase III to Phase IV of construction; allowance for temporary off -site parking at 213 East Grand Avenue during Phase IV of construction; and a revision to the requirement to provide 5,500 square feet of ancillary retail space, to be located at 249 -289 East Grand Avenue, in the Business Technology Park (BTP) Zoning District; and, WHEREAS, as part of its application, the Applicant has sought approval of a First Amendment to the Development Agreement, which would clarify and obligate several project features and mitigation measures, including public art, rails -to- trails improvements, and mitigations fees for traffic impact, and an additional fee, the Public Safety Impact Fee; and WHEREAS, approval of the Applicant's proposal is considered a "project" for purposes of the California Environmental Quality Act, Pub. Resources Code, §§ 21000, et seq. ("CEQA"); and, WHEREAS, the City Council certified an Environmental Impact Report ( "EIR ") on July 12, 2006 in accordance with the provisions of CEQA and the CEQA Guidelines, which analyzed the potential environmental impacts of the Project; and, WHEREAS, the Planning Commission held a duly noticed public hearing on June 20, 2013, to solicit public comment and consider the proposed modifications and take public testimony, at the conclusion of which the Planning Commission conditionally approved the entitlements and recommended that the City Council approve the First Amendment to the Development Agreement; and, WHEREAS, the City Council held a duly noticed public hearing on July 10, 2013, to consider the First Amendment to the Development Agreement, and take public testimony. NOW, THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows: -1- SECTION 1. Findings. That based on the entirety of the record before it, which includes without limitation, the California Environmental Quality Act, Public Resources Code § 21000, et seq. ( "CEQA ") and the CEQA Guidelines, 14 California Code of Regulations § 15000, et seq.; the South San Francisco General Plan and General Plan EIR; the South San Francisco Municipal Code; the Project applications; the 249 East Grand Avenue Office /R& D Project, as prepared by Dowler- Gruman Architects; the EIR, including the Draft and Final EIR prepared and certified for the 249 East Grand Avenue Office /R &D Project and appendices thereto; all site plans, and all reports, minutes, and public testimony submitted as part of the Planning Commission's meeting held on June 20, 2013; all reports, minutes, and public testimony submitted as part of the City Council's duly noticed public hearing on July 10, 2013; and any other evidence (within the meaning of Public Resources Code § 21080(e) and § 21082.2), the City Council of the City of South San Francisco hereby finds as follows: A. The foregoing Recitals are true and correct and made a part of this Ordinance. B. The proposed First Amendment to the Development Agreement (attached as Exhibit A), is incorporated by reference and made a part of this Ordinance, as if set forth fully herein. C. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of Chief Planner, Susy Kalkin. D. The proposed Project modifications are consistent and compatible with all elements in the City of South San Francisco General Plan. The General Plan includes policies and programs that are designed to encourage the development of research and development and office uses in the East of 101 Area. Further, the land uses, development standards, densities and intensities, buildings and structures proposed are compatible with the goals, policies, and land use designations established in the General Plan (see Gov't Code, § 65860), and none of the land uses, development standards, densities and intensities, buildings and structures will operate to conflict with or impede achievement of the any of the goals, policies, or land use designations established in the General Plan. Specifically, the General Plan includes policies and programs that are designed to encourage the development of high technology campuses in the East of 101 Area, allow for employee - serving vendor services, preparation of a TDM plan and traffic improvement plan to reduce congestion impacts, and provision of a framework for requiring future circulation system improvements as they are needed to prevent deficient levels of service from being reached. E. The City Council has independently reviewed the proposed First Amendment to the Development Agreement, the General Plan, the South San Francisco Municipal Code, and applicable state and federal law, including Government Code section 65864, et seq., and has determined that the proposed Development Agreement complies with all applicable zoning, subdivision, and building regulations and with the General Plan. This finding is based upon all -z- evidence in the Record as a whole, including, but not limited to: the City Council's independent review of these documents, oral and written evidence submitted at the public hearings on the Project, including advice and recommendations from .City staff. G. The proposed Development Agreement incorporates the permitted uses, density and intensity of use for the property subject thereto, as reflected in the proposed Project (P05- 0019), Use Permit Modification (MPM13 -0002) and Development Agreement Amendment (DAA 13 -0002). This finding is based upon all evidence in the Record as a whole, including, but not limited to, the City Council's independent review of the proposed First Amendment to the Development Agreement and its determination that Section 3 of the Development Agreement sets forth the Project Approvals, development standards, and the documents constituting the Project. H. The proposed Development Agreement states the maximum permitted height and size of proposed buildings on the property subject thereto. This finding is based upon all evidence in the Record as a whole, including, but not limited to, the City Council's independent review of the proposed Development Agreement and its determination that Section 3 of the Agreement sets forth the documents which state the maximum permitted height and size of buildings. I. The proposed Development Agreement states specific provisions for reservation or dedication of land for public purposes. This finding is based on all evidence in the Record as a whole, including, but not limited to the City Council's independent review of the Development Agreement. SECTION 2. Approval of Development Agreement. A. The City Council of the City of South San Francisco hereby approves the proposed First Amendment to the Development Agreement with ARE -San Francisco No. 12, LLC,. a Delaware limited company, ARE -San Francisco No. 44, LLC, a Delaware limited liability company, and ARE -San Francisco No. 46 LLC, a Delaware limited liability company, attached hereto as Exhibit A and incorporated herein by reference. B. The City Council further authorizes the City Manager to execute the First Amendment to the Development Agreement, on behalf of the City, in substantially the form attached as Exhibit A, and to make revisions to such Agreement, subject to the approval of the City Attorney, which do not materially or substantially increase the City's obligations thereunder. SECTION 3. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would -3- have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 4. 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 Council meeting 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 summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 10th day of July, 2013. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 24th day of July, 2013, 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 24th day of July, 2013. Mayor -4- Exhibit A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT 249 East Grand Avenue Office/Research and Development Project This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR 249 EAST GRAND AVENUE OFFICE/RESEARCH AND DEVELOPMENT PROJECT (the "Project ") is dated as of , 2013 ( "First Amendment "), between (i) on the one hand, (A) ARE -SAN FRANCISCO NO. 12, LLC, a Delaware limited liability company ( "ARE -SF 12 "), (B) ARE -SAN FRANCISCO NO. 44, LLC, a Delaware limited liability company ( "ARE -SF 44 "), and (C) ARE -SAN FRANCISCO NO. 46, LLC, a Delaware limited liability company ( "ARE -SF 46 "), and (ii) on the other hand, the CITY OF SOUTH SAN FRANCISCO, a municipal corporation organized and existing under the laws of the State of California (the "City "). ARE -SF 12, ARE -SF 44, and ARE -SF 46, on the one hand, and the City, on the other hand, are collectively referred to herein as "Parties ". RECITALS A. WHEREAS, California Government Code Sections 65864 through 65869.5 authorize the City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property or on behalf of those persons having same; and, B. WHEREAS, pursuant to California Government Code Section 65865, the City has adopted rules and regulations, embodied in Chapter 19.60 of the South San Francisco Municipal Code, establishing procedures and requirements for adoption and execution of development agreements; and, C. WHEREAS, the City and ARE -SF 12 entered into a certain Development Agreement dated July 26, 2006, for the development of the Project (the "Original Agreement "), as approved and adopted by the City Council through the adoption of Ordinance No. 1372- 2006 (which took effect on August 25, 2006) (a copy such Ordinance, including the Original Agreement, was recorded in the Official Records of San Mateo County, California, on February 5, 2007, as Instrument No. 2007 - 018093); and, D. WHEREAS, in conjunction with the Original Agreement, ARE -SF 12 submitted a development proposal to the City, as depicted on the "249 East Grand Plan Set ", dated July 12, 2006, prepared by Dowler -Gruman Architects (the "Architect ") and attached to the Original Agreement as Exhibit B (the "Original Plan Set "); and, E. WHEREAS, at the time the Original Agreement was approved and adopted, the legal description of the real property subject to the Original Agreement (the "Propert X ") was as set forth in Exhibit A attached hereto and incorporated herein by reference; and, -5- F. WHEREAS, after the Original Agreement was approved and adopted, ARE -SF 12 re- subdivided the Property by filing a new parcel map, which parcel map resulted in the legal description of the Property being as set forth in Exhibit B attached hereto and incorporated herein by reference; and, G. WHEREAS, on June 22, 2012, ARE -SF 12 transferred to ARE -SF 44 all of ARE -SF 12's right, title, and interest in that certain portion of the Property particularly described in Exhibit C attached hereto and incorporated herein by reference (the "First Transferred Parcel "), and, in conjunction with such transfer, (i) ARE -SF 12 assigned to ARE -SF 44 all of ARE -SF 12's rights, interests, and obligations under the Original Agreement with respect to the First Transferred Parcel, and (ii) ARE -SF 44 assumed all of ARE -SF 12's obligations under the Original Agreement with respect to the First Transferred Parcel (provided, however, that this assignment and assumption of the rights, interests, and obligations under the Original Agreement was on a non - exclusive basis, so that ARE -SF 44 has the rights, interests, and obligations under the Original Agreement to the extent required to facilitate the development of the First Transferred Parcel, and ARE -SF 12 has the rights, interests, and obligations under the Original Agreement to the extent required to facilitate the development of the remainder of the Property); and, H. WHEREAS, on May 16, 2013, ARE -SF 12 transferred to ARE -SF 46 all of ARE -SF 12's right, title, and interest in that certain portion of the Property particularly described in Exhibit D attached hereto and incorporated herein by reference (the. "Second Transferred Parcel "), and, in conjunction with such transfer, (i) ARE -SF 12 assigned to ARE -SF 46 all of ARE -SF 12's rights, interests, and obligations under the Original Agreement with respect to the Second Transferred Parcel, and (ii) ARE -SF 46 assumed all of ARE -SF 12's obligations under the Original Agreement with respect to the Second Transferred Parcel (provided, however, that this assignment and assumption of the rights, interests, and obligations under the Original Agreement was on a non - exclusive basis, so that ARE -SF 46 has the rights, interests, and obligations under the Original Agreement to the extent required to facilitate the development of the Second Transferred Parcel, ARE -SF 44 has the rights, interests, and obligations under the Original Agreement to the extent required to facilitate the development of the First Transferred Parcel, and ARE -SF 12 has the rights, interests, and obligations under the Original Agreement to the extent required to facilitate the development of the remainder of the Property); and, I. WHEREAS, (i) ARE -SF 12 has completed construction of a 4 -story office /research and development building totaling approximately 136,191 square feet on the portion of the Property commonly known as 249 East Grand Avenue (the "Phase 1 Buildins "), and (ii) ARE -SF 44 has completed construction of a 5 -story office /research and development building totaling approximately 163,257 square feet on the portion of the Property commonly known as 259 East Grand Avenue (and referred to in this First Amendment as the First Transferred Parcel) (the "Phase 2 Building "); and, J. WHEREAS, (i) ARE -SF 46 also intends to construct a 3 -story office /research and development building totaling approximately 102,616 square feet on the portion of the Property to be commonly known as 269 East Grand Avenue (and referred to in this First Amendment as the Second Transferred Parcel) (the "Phase 3 Building), and -6- (ii) ARE -SF 12 also intends to construct (A) a 4 -story office /research and development building totaling approximately 137,936 square feet on the portion of the Property to be commonly known as 279 East Grand Avenue (the "Phase 4 Building "), and (B) a 4 -level above - ground parking garage on the northern-most parcel of the Property (the "Garage "); and, K. WHEREAS, ARE -SF 12, ARE -SF 44, and ARE -SF 46, as "owners" of the Property, have a legal interest in the real property subject to the Original Agreement; and, L. WHEREAS, ARE -SF 12, ARE -SF 44, and ARE -SF 46 have filed an application for a modification (the "Use Permit Modification ") of the Conditional Use Permit (UP 05-0005) that underlies the Original Agreement (the "Original Use Permit "), and, in conjunction with such Use Permit Modification, have submitted to the City a supplemental Plan Set, dated , 2013, prepared by the Architect (the "Supplemental Plan Set ") (the Use Permit Modification, Supplemental Plan Set, and Conditions of Approval are attached hereto as Exhibit F and incorporated herein by reference); and, M. WHEREAS, ARE -SF 12, ARE -SF 44, and ARE -SF 46 have requested the City to enter into this First Amendment to modify the rights and obligations of the Parties relating to the development of the Project; and, N. WHEREAS, all proceedings necessary for the valid adoption and execution of this First Amendment have taken place in accordance with Government Code Sections 65864 through 65869.5, the California Environmental Quality Act, and Chapter 19.60 of the South San Francisco Municipal Code; and, O. WHEREAS, the City Council and the Planning Commission have found that this First Amendment and the Use Permit Modification are consistent with the objectives, policies, general land uses, and programs specified in the South San Francisco General Plan as adopted on October 13, 1999, and as amended from time to time; and, P. WHEREAS, on , 2013, the City Council adopted Ordinance No. , approving and adopting this First Amendment, and the Ordinance thereafter took effect on , 2013. AGREEMENT NOW, THEREFORE, the Parties, pursuant to the authority contained in Government Code Sections 65864 through 65869.5 and Chapter 19.60 of the South San Francisco Municipal Code, and in consideration of the mutual covenants and agreements contained herein, agree as follows: 1. Effective Date Pursuant to Section 19.60.140 of the South San Francisco Municipal Code, notwithstanding the fact that the City Council adopts an ordinance approving this First Amendment, this First Amendment shall be effective and shall only create obligations for the Parties from and after the date that the ordinance approving this Agreement takes effect ('Effective Date "). 2. Defined Terns As of the Effective Date, (i) the term "Agreement ", as used in the Original Agreement and/or this First Amendment, shall mean the Original Agreement, as amended by this First Amendment, (ii) the term "Use Permit ", as used in the Original Agreement and/or this First Amendment, shall mean the Original Use Permit, as amended by the Use Permit Modification, (iii) the term "Plan Set ", as used in the Original Agreement and /or this First Amendment, shall mean the Original Plan Set, as amended by the Supplemental Plan Set, and (iv) the term "Owner ", as used in the Original Agreement and /or this First Amendment, shall mean ARE -SF 44 and its successors and assigns, as to the First Transferred Parcel, ARE -SF 46 and its successors and assigns, as to the Second Transferred Parcel, and ARE -SF 12 and its successors and assigns, as to the remainder of the Property and as to any rights and/or obligations that pertain to the Project as a whole rather than to individual portions of the Property (whether such portions have been transferred to another person or entity or retained by ARE -SF 12) (e.g_, the rights and obligations set forth in Sections 3(b) and 3(c) below and the rights and obligations regarding the Rails To Trails improvements set forth in Section 12(b) of the Original Agreement, as amended by Section 6 below). Any initially- capitalized term used in this First Amendment without being expressly defined when first used shall have the meaning given to such term in the Original Agreement. 3. Modification of Project Description and Selected Standards For Project In accordance with the Use Permit Modification and the Supplemental Plan Set: (a) The first paragraph of Section 3 of the Original Agreement shall be amended so that the Project shall consist of four (4) 3- to 5 -story office/research and development buildings totaling approximately 540,000 square feet, a 4 -level above - ground parking garage, and related improvements, as provided in the Original Plan Set, as amended by the Supplemental Plan Set, both as approved by the City Council. (b) The required parking ratio for all uses in the Project shall be 2.50 parking spaces per 1,000 square feet; provided, however, that Owner may elect, in its sole discretion, to increase the required parking ratio up to, but not more than, 2.83 parking spaces per 1,000 square feet (i) by giving the City written notice of such election at least sixty (60) days before the increase in the required parking ratio is to become effective, and (ii) by simultaneously submitting to the City a Transportation Demand Management (TDM) report documenting that the goal of 32% alternative mode usage by employees within the Project has been achieved as of date not more than sixty (60) days prior to the submission of such TDM report to the City. The TDM report will be prepared by an independent consultant, retained by the City with the approval of Owner (which approval shall not be unreasonably withheld or delayed) and paid for by Owner, which -8- consultant will work in concert with Owner's TDM coordinator. The TDM report will include supporting statistics and analysis to establish attainment of the goal, including, but not limited to, a determination of historical employee commute methods, which information shall be obtained by a survey of all employees working in all previously constructed buildings on the Property (with all non- responses being counted as a drive alone trip). (c) During construction of the Phase 3 Building, the Phase 4 Building, the Garage, and the remainder of the Project, interim parking shall be provided as follows: 1. Existing temporary surface parking on the Property will be removed to construct the Phase 3 Building. New surface parking (some permanent, some temporary) will be constructed on the eastern portion of the Property to replace the temporary surface parking that will be removed to construct this building. The new surface parking will be completed before the temporary surface parking is removed, in order to maintain the required parking (based on a parking ratio of 2.50 parking spaces per 1,000 square feet) for the previously constructed Phase 1 Building and Phase 2 Building. 2. After completion of the Phase 3 Building, existing temporary surface parking on the Property will be removed to construct the Phase 4 Building and the Garage. The temporary surface parking to be removed for these buildings will create a deficit of 517 parking spaces (based on a parking ratio of 2.50 parking spaces per 1,000 square feet) for the previously constructed Phase 1 Building, Phase 2 Building, and Phase 3 Building. Owner will provide temporary surface parking to cover such deficit by causing new temporary surface parking to be constructed on the nearby site commonly known as 213 East Grand Avenue (which is owned by ARE -San Francisco No. 21, L.P., a California limited partnership, and ARE -San Francisco No. 42, LLC, a Delaware limited liability company, affiliates of Owner) ( "Off -Site Parking Parcel "). The new surface parking will be completed before the temporary surface parking is removed, in order to maintain the required parking (based on a parking ratio of 2.50 parking spaces per 1,000 square feet) for the previously constructed Phase 1 Building, Phase 2 Building, and Phase 3 Building. Any agreement(s) necessary to construct the new temporary surface parking on the Off -Site Parking Parcel shall be Owner's sole responsibility. City staff review of applications for permits or other certificates or approvals necessary to construct the new temporary surface parking on the Off -Site Parking Parcel shall be limited as provided in Section 4 of the Original Agreement. 3. All interim parking shall be in the locations depicted on the Supplemental Plan Set or in such other locations as may be reasonably approved by the City. -9- 4. Vesting of Approvals Upon the City's approval of the Use Permit Modification, the Supplemental Plan Set, and this First Amendment, such approvals shall vest in Owner and its successors and assigns as provided in Section 5 of the Original Agreement. 5. Public Safety Impact Fees Owner hereby agrees that the Public Safety Impact Fee, as approved and adopted by the City Council through the adoption of Ordinance No. 97 -2012 (which took effect on February 8, 2013), shall apply to the Phase 3 Building and the Phase 4 Building, but shall not apply to the Phase 1 Building, the Phase 2 Building, or the Garage. Public Safety Impact Fees for the Phase 3 Building and the Phase 4 Building shall be determined based on the application of the formula in effect as of the time such Public Safety Impact Fees become due and payable. Section 9 of the Original Agreement shall not be amended except to the extent necessary to give effect to this Section. 6. Rails To Trails Improvements Section 12(b) of the Original Agreement shall be deleted in its entirety and replaced with the following: "(b) Rails To Trails Improvements or Payment. The rail corridor abutting the northerly boundary of the Property, consisting of a narrow strip of land extending from Forbes Boulevard at its westerly end to Allerton Avenue at its easterly end and more particularly described in Exhibit E attached hereto and incorporated herein by reference (the "Trail Corridor "): (i) is identified in the City's General Plan as a future bike path, and (ii) is currently owned in fee by HCP Forbes, LLC ( "HCP "). The City is considering whether and how to implement a "rails to trails" program that would cause the Trail Corridor and other similarly situated paths and corridors in the City to be improved and made available for public use. As part of that process, (x) the City and HCP have included certain provisions concerning the Trail Corridor in the Development Agreement (the "HCP Agreement ") for the property commonly known as 494 Forbes Boulevard, and (y) the City and Bayside Area Development, LLC ( "Ba• ssid "), have included certain provisions concerning the Trail Corridor in the Development Agreement (the "Ba ss Agreement ") for the properties commonly known as 328 Roebling Road, 340 Roebling Road, and 233 East Grand Avenue (the " Bayside Propert y "). For purposes of this Agreement, the term "Adjacent Trail Corridor" shall mean the portion of the Trail Corridor that abuts the northerly boundary of the Property and is bounded on the westerly end of such portion by Forbes Boulevard and is bounded on the easterly end of such portion by an extension of the eastern most boundary line of the Property that intersects and is roughly perpendicular to the southerly boundary of the Trail Corridor, excepting the portion of the Trail Corridor that abuts the northerly boundary of the Property and is bounded on the westerly end of such excepted ,portion by an extension of the westerly boundary line of the Bayside Property and is bounded on the easterly end of such excepted portion by an extension of the easterly boundary line of the Bayside Property. The City hereby acknowledges and agrees that the timing for improving the Trail Corridor and for making the Trail Corridor available for public use (either through a dedication of the Trail Corridor for public use or through a conveyance to the City or its designee of fee title to the Trail Corridor) will be governed by the terms and conditions of the HCP Agreement and the Bayside Agreement. Accordingly, Owner and the City will reasonably cooperate and coordinate with HCP and Bayside with respect to any obligations Owner may have concerning the Adjacent Trail Corridor. Further, by written notice to Owner, the City, in its reasonable discretion, may elect to require Owner to implement either the provisions of subsection 12M I . below ("Qption A ") or the provisions of subsection 12(b2. below ( "Option B "); provided, however, the City cannot elect to implement Option A unless and until the City elects to implement similar options in the HCP Agreement and the Bayside Agreement. If the City fails to notify Owner of its election before December 31, 2014, then the City shall be deemed to have elected Option B. 1. Option A. If the City elects to implement Option A, then Owner shall do the following at Owner's sole cost and expense: (A) Owner, in consultation with the City, shall design improvements to the Adjacent Trail Corridor (the "Adjacent Trail Corridor Primary Improvements "). Except as otherwise mutually agreed by Owner and the City, said Adjacent Trail Corridor Primary Improvements shall consist of paving, lighting, and landscaping of a design and scope consistent with standard portions of the City's then existing Rails to Trails corridor of the Bay Trail. In addition, Owner, in consultation with the City, shall design a stairway and wheelchair lift from the Property to the Adjacent Trail Corridor Primary Improvements, in the location depicted on the Supplemental Plan Set or in such other location as may be reasonably approved by the City, and a bicycle access path across the Property from Roebling Road to the Adjacent Trail Corridor Primary Improvements, in such location as may be reasonably approved by the City (collectively, the "Adjacent Trail Corridor Access Improvements "). The Adjacent Trail Corridor Primary Improvements and the Adjacent Trail Corridor Access Improvements are referred to collectively in this Agreement as the "Adjacent Trail Corridor Improvements ". The City hereby acknowledges and agrees that any agreement(s) (other than the HCP Agreement and the Bayside Agreement) that may be necessary to allow Owner to enter the Trail Corridor to install the Adjacent Trail Corridor Primary Improvements shall be the City's sole responsibility. Owner shall submit to the City plans and a cost estimate for the Adjacent Trail Corridor Improvements, for review and approval by the City, within six (6) months after receiving notice that the City has elected to implement Option A. _11_ (B) Upon approval of such plans and cost estimate by the City, Owner shall construct the Adjacent Trail Corridor Improvements in accordance with the approved plans in all material respects. Owner shall complete construction of said Adjacent Trail Corridor Improvements by the later of (i) the date that is twelve (12) months after the City's approval of the plans and cost estimate for such improvements, and (ii) August 25, 2016 (subject, however, to (x) delays in obtaining any agreement(s) necessary to allow Owner to enter the Trail Corridor to install the Adjacent Trail Corridor Primary Improvements, (y) atypical delays in obtaining the City's approval of the plans for the Adjacent Trail Corridor Improvements, and /or (z) atypical delays in obtaining any permits or other certificates or approvals necessary to install the Adjacent Trail Corridor Improvements). (C) Once installed, Owner shall have no responsibility for the maintenance, repair, or replacement of any of the Adjacent Trail Corridor Primary Improvements, except to the extent any such maintenance, repair, or replacement is necessary because of damage caused by Owner. Once installed, Owner, at Owner's sole cost and expense, shall be responsible for the maintenance, repair, or replacement of all of the Adjacent Trail Corridor Access Improvements. 2.. Option B. If the City elects (or is deemed to have elected) to implement Option B, then Owner shall do the following at Owner's sole cost and expense: (A) Owner, within six (6) months after receiving written notice that the City has elected (or is deemed to have elected) to implement Option B, shall provide the City with a written cost estimate, subject to the City's review and approval, of the costs that would be required for construction of the Adjacent Trail Corridor Improvements of a nature and scope comparable to those described in subsection 12(b)l.(A) above. (B) Upon approval of such cost estimate by the City, Owner, at or before the earlier of (i) issuance of a Certificate of Occupancy for the final building constructed as part of the Project (other than the Garage), and (ii) August 25, 2016, shall provide to the City funds in an amount equal to the aggregate cost set forth in such approved cost estimate, which funds shall then be used by the City solely to upgrade substandard portions of the City's then existing Bay Trail or to install new park or trail improvements within the East of 101 Planning Area. C) Upon written request by Owner, the City shall provide Owner with a description, in reasonable detail, of the sources and applications of funds provided by Owner and by other similarly situated property owners for the Bay Trail upgrades or other new park or trail improvements (as applicable) contemplated in subsection 12(b)2.(B). 1 Assessment District. If at any time the City decides to form an assessment district with the objective of acquiring and completing a rails to trails conversion for the rail corridor that includes the Trail Corridor, Owner agrees not to oppose the formation of such a district, provided that such assessment district includes substantially all other similarly situated properties benefited by the proposed conversion and that the provisions governing such assessment district include reimbursement or credit to Owner for (A) any amounts already expended by Owner for design and construction of Adjacent Trail Corridor Improvements pursuant to Option A above, and/or (B) any amounts paid by Owner to the City pursuant to Option B above." 7. Public Art Contribution Each reference to "December 31, 2014" contained in Section 12(c) of the Original Agreement shall be deleted and replaced with "June 30, 2014 ". 8. Miscellaneous (a) Except to the extent amended and /or modified by this First Amendment, the Original Agreement is hereby ratified and confirmed and all other provisions of the Original Agreement shall remain in full force and effect, unaltered and unchanged by this First Amendment. If any provision of this First Amendment conflicts with and cannot be reconciled with any provision of the Original Agreement, the provision of this First Amendment shall control. All of the provisions of the Original Agreement (applying the defined terms set forth in clauses (i), (ii), (iii), and (iv) of Section 2 above) are made a part of, and are incorporated into, this First Amendment as if set forth in full in this First Amendment (including, but not limited to, the provisions set forth in Sections 17, 22, 26, 27, 28, 29, 1-4a , 34 , Mc , 24 U, and 3Ue of the Original Agreement). (b) This First Amendment may be executed in any number of counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute a single agreement with the same effect as if all Parties had signed the same signature page. Any signature page from any counterpart of this First Amendment, signed only by one Party, may be detached from such counterpart without impairing the legal effect of the signature(s) thereon, provided that such signature page is re- attached to another counterpart of this First Amendment that has a signature page signed by another Party. -13- 9. Exhibits Exhibit A — Original Legal Description of Property Exhibit B — Current Legal Description of Property Exhibit C — Legal Description of First Transferred Parcel Exhibit D — Legal Description of Second Transferred Parcel Exhibit E — Legal Description of Trail Corridor Exhibit F — Use Permit Modification / Supplemental Plan Set / Conditions of Approval -14- IN WITNESS WHEREOF, the City has executed this First Amendment on the day and year first above written. ATTEST: City Clerk APPROVED AS TO FORM City Attorney CITY OF SOUTH SAN FRANCISCO -15- City Manager IN WITNESS WHEREOF, ARE -SF 12, ARE -SF 44, and ARE -SF 46 have executed this First Amendment on the day and year first above written. ARE -SAN FRANCISCO NO. 12, LLC, a Delaware limited liability company By: Alexandria Real Estate Equities, L.P., a Delaware limited partnership, Managing Member By: ARE -QRS CORP., a Maryland corporation, General Partner By: _ Name: Title: ARE -SAN FRANCISCO NO. 44, LLC, a Delaware limited liability company By: Alexandria Real Estate Equities, L.P., a Delaware limited partnership, Managing Member By: ARE -QRS CORP., a Maryland corporation, General Partner By: _ Name: Title: ARE -SAN FRANCISCO NO. 46, LLC, a Delaware limited liability company By: Alexandria Real Estate Equities, L.P., a Delaware limited partnership, Managing Member By: ARE -QRS CORP., a Maryland corporation, General Partner By: _ Name: Title: -16- STATE OF CALIFORNIA ) COUNTY OF 1 On , 2013, before me, , a Notary Public in and for said State, personally appeared , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. My commission expires: My commission number is: [AFFIX SEAL] SIGNATURE OF NOTARY _17_ STATE OF CALIFORNIA COUNTY OF On , 2013, before me, a Notary Public in and for said State, personally appeared , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his /leer authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. My commission expires: My commission number is: [AFFIX SEAL] SIGNATURE OF NOTARY _18_ EXHIBIT A ORIGINAL LEGAL DESCRIPTION OF PROPERTY All that certain real property in the City of South San Francisco, County of San Mateo, State of California, more particularly described as follows: LOT 27, BLOCK 2, AS SHOWN ON THE MAP OF "CABOT CABOT AND FORBES INDUSTRIAL PARK UNIT NO. 1 -B ", FILED MAY 25, 1966, IN BOOK 64 OF MAPS, PAGES 49 -51, SAN MATEO COUNTY RECORDS. [The foregoing legal description does not include any exceptions or reservations or any easements or other rights that may be appurtenant to such real property] ASSESSOR'S PARCEL NOS. 015- 050 -440, 015- 050 -450 -19- EXHIBIT B CURRENT LEGAL DESCRIPTION OF PROPERTY All that certain real property in the City of South San Francisco, County of San Mateo, State of California, more particularly described as follows: PARCELS 1, 2, 3, 4, AND 5, AS SHOWN ON PARCEL MAP 05 -0002, FILED MAY 15, 2008, IN BOOK 78 OF PARCEL MAPS, AT PAGES 48 TO 53, SAN MATEO COUNTY RECORDS. [The foregoing legal description does not include any exceptions or reservations or any easements or other rights that may be appurtenant to such real property] ASSESSOR'S PARCEL NOS. 015- 050 -780, 015- 050 -790, 015- 050 -800, 015- 050 -810, 015 -050- 820, 015- 050 -830, 015- 050 -840 -20- EXHIBIT C LEGAL DESCRIPTION OF FIRST TRANSFERRED PARCEL All that certain real property in the City of South San Francisco, County of San Mateo, State of California, more particularly described as follows: PARCEL 4, AS SHOWN ON PARCEL MAP 05 -0002, FILED MAY 15, 2008, IN BOOK 78 OF PARCEL MAPS, AT PAGES 48 TO 53, SAN MATEO COUNTY RECORDS. [The foregoing legal description does not include any exceptions or reservations or any easements or other rights that may be appurtenant to such real property] ASSESSOR'S PARCEL NO. 015- 050 -820 -21- EXHIBIT D LEGAL DESCRIPTION OF SECOND TRANSFERRED PARCEL All that certain real property in the City of South San Francisco, County of San Mateo, State of California, more particularly described as follows: PARCEL 2, AS SHOWN ON PARCEL MAP 05 -0002, FILED MAY 15, 2008, IN BOOK 78 OF PARCEL MAPS, AT PAGES 48 TO 53, SAN MATEO COUNTY RECORDS. [The foregoing legal description does not include any exceptions or reservations or any easements or other rights that may be appurtenant to such real property] ASSESSOR'S PARCEL NO. 015-050-800 -22- EXHIBIT E LEGAL DESCRIPTION OF TRAIL CORRIDOR All that certain real property in the City of South San Francisco, County of San Mateo, State of California, more particularly described as follows: LOT 7 IN BLOCK 2 OF CABOT, CABOT & FORBES INDUSTRIAL PARK UNIT NO. 1, AS SHOWN ON MAP FILED FEBRUARY 26, 1965, IN BOOK 61, PAGES 45 THROUGH 49 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. [The foregoing legal description does not include any exceptions or reservations or any easements or other rights that may be appurtenant to such real property] -23- EXHIBIT F USE PERMIT MODIFICATION / SUPPLEMENTAL PLAN SET / CONDITIONS OF APPROVAL [ See Following Pages ] -24- CONDITIONS OF APPROVAL 249 East Grand Avenue Project Use Permit Modifications and Modifications to the Associated Development Agreement P05 -0019, UPM13 -0002 & DAA13 -0002 (As recommended by City Staff on June 20, 2013) A. Planning Division requirements shall be as follow: The Project shall be constructed substantially as indicated on the attached 249 East Grand Plans, as prepared by DGA planning, architecture, interiors; the EIR, including the Draft and Final EIR certified for the 249 East Grand Avenue Project and appendices thereto; all site plans, and all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed June 20, 2013, meetings; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), except as otherwise modified by the following conditions: 1. The applicant shall comply with all previous Conditions of Approval included in the July 12, 2006 City Council approval of UP05 -0005, DR05 -0043, SIGNS06 -0008, PM05- 0002, PUD05 -0001 and TDM05 -0001 for the construction of the 249 East Grand Avenue site. 2. The applicant shall comply with all applicable mitigation measures identified in the 249 East Grand Avenue Project EIR and the Mitigation Monitoring and Reporting Program (MMRP). 3. The parking ratio for the 249 East Grand Avenue project shall be 2.5 parking spaces 1,000 square feet. However, if the applicant wishes to increase the required parking ratio up to, but not more than, 2.83 parking spaces per 1,000 square feet the applicant shall provide written notice to the City at least sixty (60) days before the increase in the required parking ratio is to become effective; simultaneously the applicant shall also submit to the City a Transportation Dernand Management (TDM) report documenting that the goal of 32% alternative mode usage by employees within the Project has been achieved as of date not more than sixty (60) days prior to the submission of such TDM report to the City. 4. Prior to approval of the first building and /demolition permit for off -site parking at 213 East Grand Avenue, the applicant shall submit plans that detail the parking plan, landscaping, and both vehicular and pedestrian circulation paths for approval by the City Chief Planner. 5. The applicant shall not sell or otherwise transfer their interest in the parcel at 213 East Grand Avenue during the temporary use of the site for required parking for the 249 -289 East Grand Avenue site. 6. Upon completion of Phase IV and the new permanent parking at 249 -289 East Grand Avenue, which includes all four (4) of the approved buildings and the parking garage, the applicant shall abandon the temporary parking use at 213 East Grand Avenue. -25- 7. The applicant shall comply with all standard conditions as outlined in the "Standard Conditions and Limitations for Commercial Industrial, Mixed -Use and Multi - Family Residential Projects ", dated February 2013. Accordingly, minor changes or deviations from the approved plans may be approved by the Chief Planner; significant changes shall require approval of the Planning Commission. 8. All of the above entitlements shall not become effective until after the Ordinance approving the requested modifications to the Development Agreement becomes effective. (Planning Division contact: Catherine Barber (650) 877 -8535) B. Engineering Division requirements shall be as follow: The applicant shall restripe all crosswalks and survey all sidewalks for any tripping hazards from the off -site parking area at 213 East Grand to 249 -289 East Grand. (Engineering Division contact: Sam Bautista, Principal Engineer (650) 829 -6652) -26- "* -WAI a qw i - r-O W. - l 1; A 4 ft �.. ► • log e �r .t 404" S -� a �! w •.wr "ALEXANDRIA. �= a �� —+ 't a•_ — . - & jwr7 r • O 1 i f r � INS L! AW V4. IL �f .1111 � D" planning I & -hited -e ? interiors \4�w A L E X A N D R I A . . CONTENTS CONTENTS 00 f` PHASE 11 - COMPLETE (CURRENT) 01 PHASE 111a - INTERIM PARKING 02 PHASE IVa - INTERIM PARKING 04 lip, PHASE IVb - INTERIM PARKING 05 %6 I e i , h, - WA PHASE IVb - ENLARGED INTERIM PARKING 06 PHASE IV - COMPLETE 07 v RAILS TO TRAILS - OVERALL PLAN 08 ARE LEED EFFORTS IN SOUTH SF 09 IP ARE LEED CERTIFICATIONS IN SOUTH SF 10 AERIAL VIEW FROM WEST / 41 D0e%1Cf'T %lit'IL11TV hAAD . u Li..11111 DGA planning I fd,,1ectue I :-iteriors Ce) v_ O lea w m �A Al ., 99 RESERVED PARKINra'*ACES . (FOR 2.83 PARIYNG RATIO) r (I ALEXANDRIA. EAST GRAND AVENUE PHASE II - COMPLETE (CURRENT) BUILDING AREA: 249 EG (4 STORY) = 136,191 SF 259 EG (5 STORY) = 163,257 SF TOTAL AREA: 299,448 SF PARKING REQUIRED: PARKING RATIO: 2.5 spaces /1,000 SF 299,448 X 2.5/1000 = 749 spaces PARKING PROVIDED: EXISTING PARKING = 749 spaces �.IIIII DGA planning arch- techre ante Tors M i Q N u �1 aid u ■ ■ fp" , �. xlsTliis- a- sTOR.. BUILDR ! _ > 24OfM;T GRAND ��'. � tj✓r, �.'A� ).mil � '' ri''y�.� 'r' �`t .� , I:'� r � ��1 'J4 jr y .tip f... .. • .. -i L y < (I ALEXANDRIA. EAST GRAND AVENUE PHASE II - COMPLETE (CURRENT) BUILDING AREA: 249 EG (4 STORY) = 136,191 SF 259 EG (5 STORY) = 163,257 SF TOTAL AREA: 299,448 SF PARKING REQUIRED: PARKING RATIO: 2.5 spaces /1,000 SF 299,448 X 2.5/1000 = 749 spaces PARKING PROVIDED: EXISTING PARKING = 749 spaces �.IIIII DGA planning arch- techre ante Tors M i Q N u �1 aid u ■ ■ fp" t�•�. 213 PARKING TO BE INSTALLED PRIOR TO 269EG CONSTRUCTION �• `� w�, �" AUILDING r • r \ , . , y .: .. rah y�� � --� 4 h �...� . `•� �. =.:,,EXISTINQI "TbRY BUOING Ix 249AST GYRAND ,t e r i J j: I J X� 196 TEMPORARY PARKING TO BE DEMO r i I . -- .. 1 � ' '..'.: 1 � ., � � T+' BC,•; �9: r.,,.c•�.'ft.= 'ASW�i."..K+;?ReW T4 'oG0? Ffi 'cMS'+9R .A'.R�.bW7W.i')• .'F. PHASE Ilia - INTERIM PARKING ALEXANDRIA. BUILDING AREA: 249 EG (4 STORY) = 136,191 SF 259 EG (5 STORY) = 163,257 SF TOTAL AREA: 299,448 SF PARKING REQUIRED: PARKING RATIO: 2.5 spaces /1,000 SF 299,448 X 2.5/1000 = 749 spaces PARKING PROVIDED: EXISTING PARKING = 749 spaces PARKING PROVIDED = 213 spaces PARKING DEMOISHED = -192 spaces TOTAL PARKING = 770 spaces DGA plannir arch'tectu --e ; interiors M r O N 4 mg f. < 1111) ••L •f r.. •,yam r• K 4 �! EXISTING • 13UILDING 'EXISTIAV44TO". BUILDING 24WAST G*ND /' NEW Z4'WRY BUILDING r\ 4 , ,-7 (I ALEXANDRIA.. PHASE III - COMPLETE BUILDING AREA: 249 EG (4 STORY) = 136,191 SF 259 EG (5 STORY) = 163,257 SF 269 EG (3 STORY) = 102,616 SF TOTAL AREA: 402,064 SF PARKING REQUIRED: PARKING RATIO: 2.5 spaces /1,000 SF 402,064 X 2.5/1000 = 1,006 spaces PARKING PROVIDED (02.5): TOTAL PARKING = 1,006 spaces 1 \ , :�.IIIII DGA planning I architecture I nteiiors O N I ng Ind Ind I 1 0 A _M O N _. ,,.. V ��. � . �2S •6QANA � � , ti \ GI XISmko.,4- STORlr BUILbWG T G �O RY BUILDING RAW I ^� �i f.l Jr Y t fir'• �t ,f - r} 4 i7tI13TI141G 5- 81Ol�lt ± _. ,,.. V ��. � . �2S •6QANA � � , ti \ GI XISmko.,4- STORlr BUILbWG T G �O RY BUILDING RAW I ^� �i f.l y. BUILDING AREA: 249 EG (4 STORY) = 136,191 SF 259 EG (5 STORY) = 163,257 SF 269 EG (3 STORY) = 102,616 SF TOTAL AREA: 402,064 SF PARKING REQUIRED (@ 2.5): 402,064 X 2.511000 = 1,006 spaces PARKING PROVIDED: EXISTING PARKING = 489 spaces PARKING DEFICIT = 517 spaces 'SEE 213 EAST GRAND PLAN 6. PHASE IVa - INTERIM PARKING �.IIIII A L E X A N DR IA. DGA planning ] architecture ; Interiors I rP' Jr y. BUILDING AREA: 249 EG (4 STORY) = 136,191 SF 259 EG (5 STORY) = 163,257 SF 269 EG (3 STORY) = 102,616 SF TOTAL AREA: 402,064 SF PARKING REQUIRED (@ 2.5): 402,064 X 2.511000 = 1,006 spaces PARKING PROVIDED: EXISTING PARKING = 489 spaces PARKING DEFICIT = 517 spaces 'SEE 213 EAST GRAND PLAN 6. PHASE IVa - INTERIM PARKING �.IIIII A L E X A N DR IA. DGA planning ] architecture ; Interiors I rP' f !� �, / I /N ? Z I �k�� I 4 „Ile I r A. . ............. . T 2"oo”' 00, oep Ix (I A L E X A N D R I A . 249 EAST GRAND ON-SITE PARKING 213 EAST GRAND OFF-SITE PARKING PHASE IVb -INTERIM PARKING LQ L'11111 DGA planning I architect-ire I ?nteriors O C%4 sir- 14 A ....... ....... ....... . .. .. ......... 4- ......... ....... ......... -FOES -EVAP-9 -------- FOR@ES N, Co PARKING PROVIDED: L.I I. EXISTING SURFACE PARKING =18D spaces 11, H 1.11 .1 I-I'M I Ill: NEW SURFACE PARKING = 412 spaces It ITOTAL PARKING = 592 space. ROEBLING ROAD PARKING DEFICIT @ 249EG =(517 spaces) PARKING RESERVE: =75 spaces A L E X A N D R I A PHASE IVb - ENLARGED INTERIM PARKING AT 213 EAST GRAND "(9 i01111 DGA planning I architecture , htericr5 CY) V- fie 'I ou I 0 a to, f 'I Ak • , 1, - ; �. .t;✓ Y .y 'K: NEW PAtl'�9® 4 STORY ' ** RESERVED PARKING GARAGE (B) (178 PARKING SPACES) ±.:{ N. t' r- N 4-ST t: `+ / `. y` B DING { > ~ � L ♦ t ,` ✓. ; ° ' _ ..... r � 09 EA$ ,BRAND f 01smNe'.4.STORIl •.♦ ♦ ✓ ♦✓� i E f /. r �o : ` f t BUIONG _..,. 24INiVAT Gh4,ND r ✓ ♦ r BUICDIN . 14> a _ r.� `• ANo GR J 1 IN jI , s t (I ALEXANDRIA PHASE IV - COMPLETE BUILDING AREA: 249 EG (4 STORY) = 136,191 SF 259 EG (5 STORY) = 163,257 SF 269 EG (3 STORY) = 102,616 SF 279 EG (4 STORY) = 137.936 SF TOTAL AREA: 540,000 SF PARKING REQUIRED: PARKING RATIO: 2.5 spaces /1,000 SF 540,000 X 2.5/1000 = 1,350 spaces PARKING PROVIDED: SURFACE PARKING = 542 spaces GARAGE (A) PARKING = 808 spaces TOTAL PARKING = 1,350 s aces PARKING RESERVE: PARKING RATIO: 2.83 spaces /1,000 SF GARAGE (B) PARKING = +179 spaces TOTAL PARKING = 1529 spaces i �IIIII DGA planning arcYtecture i '.nteriors M T- om N 7--7 mi mg nd ■ + /A 213 tl 11 j, it v -'ML Acr�5 249 EAST GRAND EXISTING 5-STORY BUILDING 259 EAST, GRAND EXISTING 4 -STORY BUILDING 20 EAST GRAND EAST GRAND, (I A L E X A N D R I A . MOROSED 34TPRY' BUILDING rr 269 LAST G RAND 4 RAILS TO TRAILS - OVERALL PLAN U-W�W'1113 LQ 166,11111 DGA planning I architecwre I interiors Mi OW u u Sim .... 681 Gateway Boulevard • Four Story Lab - Office Building 127,000 Sq. Ft • Awarded LEED Silver in 2007 • First LEED Silver Certified building in the State of California under the LEED - CS Pilot Program ALEXANDRIA, 249 East Grand Avenue • Four Story Lab-Office Building 136,000 Sq. Ft • Awarded LEED Silver Certification in November, 2008 259 East Grand Avenue • Five Story Lab- Office Building 163,250 Sq.Ft. • Currently seeking LEED Platinum Certification fit�..'' 400 & 450 East Jamie Court • Two @ Three Story Lab - Office Building 162,000 Sq. Ft • Awarded LEED Silver Certification in 2010 .,�7z�'- ARE LEED EFFORTS IN SOUTH SAN FRANCISCO a IIIII DGA planning I architecture ' interic -s _n D N —1 J Ind PPPF i:1 PM9 aP I ■ f-P" (I A L E X A N D R I A . U.S, Green Building Council 681 GATEWAY SOUTH SAN FRANCISCO. CA HAS I-t!C1-.t"FVLLVMf1 I" tG OR" RUILOW6 ST KfQL3 ACV 01K TUR VOL tKVRL CNI11:2 I ItOL Ll. 0' 1-V '1'4R + r ;i r,r i wk i r41, 4; a r 4 V Ki i i pc -, , P t t , .,I sti: %S LEVY for Care & Shell Pilot In 4W/450 EAST JAMIE COURT South San Francisco, CA '-FED FnR CORF & SHELL nor SILVER January 2010 U.S. Green Building Council 249 EAST GRAND SOUTH SAN FRANCISCO, CA ts LEED for Core & Shell (PENDING FINAL REVIEW FOR CONSTRUCTION CREDIT) 259 EAST GRAND SOUTH SAN FRANCISCO, CA LEED for Core & Shell ARE LEED CERTIFICATIONS IN SOUTH SAN FRANCISCO DGA planning I architecture j 7ntericrs O CV 0 0 F11 "* -WAI a qw i - r-O W. - l 1; A 4 ft �.. ► • log e �r .t 404" S -� a �! w •.wr "ALEXANDRIA. �= a �� —+ 't a•_ — . - & jwr7 r • O 1 i f r � INS L! AW V4. IL �f .1111 � D" planning I & -hited -e ? interiors \4�w A L E X A N D R I A . . CONTENTS CONTENTS 00 f` PHASE 11 - COMPLETE (CURRENT) 01 PHASE 111a - INTERIM PARKING 02 PHASE IVa - INTERIM PARKING 04 lip, PHASE IVb - INTERIM PARKING 05 %6 I e i , h, - WA PHASE IVb - ENLARGED INTERIM PARKING 06 PHASE IV - COMPLETE 07 v RAILS TO TRAILS - OVERALL PLAN 08 ARE LEED EFFORTS IN SOUTH SF 09 IP ARE LEED CERTIFICATIONS IN SOUTH SF 10 AERIAL VIEW FROM WEST / 41 D0e%1Cf'T %lit'IL11TV hAAD . u Li..11111 DGA planning I fd,,1ectue I :-iteriors Ce) v_ O lea w m �A Al ., 99 RESERVED PARKINra'*ACES . (FOR 2.83 PARIYNG RATIO) r (I ALEXANDRIA. EAST GRAND AVENUE PHASE II - COMPLETE (CURRENT) BUILDING AREA: 249 EG (4 STORY) = 136,191 SF 259 EG (5 STORY) = 163,257 SF TOTAL AREA: 299,448 SF PARKING REQUIRED: PARKING RATIO: 2.5 spaces /1,000 SF 299,448 X 2.5/1000 = 749 spaces PARKING PROVIDED: EXISTING PARKING = 749 spaces �.IIIII DGA planning arch- techre ante Tors M i Q N u �1 aid u ■ ■ fp" , �. xlsTliis- a- sTOR.. BUILDR ! _ > 24OfM;T GRAND ��'. � tj✓r, �.'A� ).mil � '' ri''y�.� 'r' �`t .� , I:'� r � ��1 'J4 jr y .tip f... .. • .. -i L y < (I ALEXANDRIA. EAST GRAND AVENUE PHASE II - COMPLETE (CURRENT) BUILDING AREA: 249 EG (4 STORY) = 136,191 SF 259 EG (5 STORY) = 163,257 SF TOTAL AREA: 299,448 SF PARKING REQUIRED: PARKING RATIO: 2.5 spaces /1,000 SF 299,448 X 2.5/1000 = 749 spaces PARKING PROVIDED: EXISTING PARKING = 749 spaces �.IIIII DGA planning arch- techre ante Tors M i Q N u �1 aid u ■ ■ fp" t�•�. 213 PARKING TO BE INSTALLED PRIOR TO 269EG CONSTRUCTION �• `� w�, �" AUILDING r • r \ , . , y .: .. rah y�� � --� 4 h �...� . `•� �. =.:,,EXISTINQI "TbRY BUOING Ix 249AST GYRAND ,t e r i J j: I J X� 196 TEMPORARY PARKING TO BE DEMO r i I . -- .. 1 � ' '..'.: 1 � ., � � T+' BC,•; �9: r.,,.c•�.'ft.= 'ASW�i."..K+;?ReW T4 'oG0? Ffi 'cMS'+9R .A'.R�.bW7W.i')• .'F. PHASE Ilia - INTERIM PARKING ALEXANDRIA. BUILDING AREA: 249 EG (4 STORY) = 136,191 SF 259 EG (5 STORY) = 163,257 SF TOTAL AREA: 299,448 SF PARKING REQUIRED: PARKING RATIO: 2.5 spaces /1,000 SF 299,448 X 2.5/1000 = 749 spaces PARKING PROVIDED: EXISTING PARKING = 749 spaces PARKING PROVIDED = 213 spaces PARKING DEMOISHED = -192 spaces TOTAL PARKING = 770 spaces DGA plannir arch'tectu --e ; interiors M r O N 4 mg f. < 1111) ••L •f r.. •,yam r• K 4 �! EXISTING • 13UILDING 'EXISTIAV44TO". BUILDING 24WAST G*ND /' NEW Z4'WRY BUILDING r\ 4 , ,-7 (I ALEXANDRIA.. PHASE III - COMPLETE BUILDING AREA: 249 EG (4 STORY) = 136,191 SF 259 EG (5 STORY) = 163,257 SF 269 EG (3 STORY) = 102,616 SF TOTAL AREA: 402,064 SF PARKING REQUIRED: PARKING RATIO: 2.5 spaces /1,000 SF 402,064 X 2.5/1000 = 1,006 spaces PARKING PROVIDED (02.5): TOTAL PARKING = 1,006 spaces 1 \ , :�.IIIII DGA planning I architecture I nteiiors O N I ng Ind Ind I 1 0 A _M O N _. ,,.. V ��. � . �2S •6QANA � � , ti \ GI XISmko.,4- STORlr BUILbWG T G �O RY BUILDING RAW I ^� �i f.l Jr Y t fir'• �t ,f - r} 4 i7tI13TI141G 5- 81Ol�lt ± _. ,,.. V ��. � . �2S •6QANA � � , ti \ GI XISmko.,4- STORlr BUILbWG T G �O RY BUILDING RAW I ^� �i f.l y. BUILDING AREA: 249 EG (4 STORY) = 136,191 SF 259 EG (5 STORY) = 163,257 SF 269 EG (3 STORY) = 102,616 SF TOTAL AREA: 402,064 SF PARKING REQUIRED (@ 2.5): 402,064 X 2.511000 = 1,006 spaces PARKING PROVIDED: EXISTING PARKING = 489 spaces PARKING DEFICIT = 517 spaces 'SEE 213 EAST GRAND PLAN 6. PHASE IVa - INTERIM PARKING �.IIIII A L E X A N DR IA. DGA planning ] architecture ; Interiors I rP' Jr y. BUILDING AREA: 249 EG (4 STORY) = 136,191 SF 259 EG (5 STORY) = 163,257 SF 269 EG (3 STORY) = 102,616 SF TOTAL AREA: 402,064 SF PARKING REQUIRED (@ 2.5): 402,064 X 2.511000 = 1,006 spaces PARKING PROVIDED: EXISTING PARKING = 489 spaces PARKING DEFICIT = 517 spaces 'SEE 213 EAST GRAND PLAN 6. PHASE IVa - INTERIM PARKING �.IIIII A L E X A N DR IA. DGA planning ] architecture ; Interiors I rP' f !� �, / I /N ? Z I �k�� I 4 „Ile I r A. . ............. . T 2"oo”' 00, oep Ix (I A L E X A N D R I A . 249 EAST GRAND ON-SITE PARKING 213 EAST GRAND OFF-SITE PARKING PHASE IVb -INTERIM PARKING LQ L'11111 DGA planning I architect-ire I ?nteriors O C%4 sir- 14 A ....... ....... ....... . .. .. ......... 4- ......... ....... ......... -FOES -EVAP-9 -------- FOR@ES N, Co PARKING PROVIDED: L.I I. EXISTING SURFACE PARKING =18D spaces 11, H 1.11 .1 I-I'M I Ill: NEW SURFACE PARKING = 412 spaces It ITOTAL PARKING = 592 space. ROEBLING ROAD PARKING DEFICIT @ 249EG =(517 spaces) PARKING RESERVE: =75 spaces A L E X A N D R I A PHASE IVb - ENLARGED INTERIM PARKING AT 213 EAST GRAND "(9 i01111 DGA planning I architecture , htericr5 CY) V- fie 'I ou I 0 a to, f 'I Ak • , 1, - ; �. .t;✓ Y .y 'K: NEW PAtl'�9® 4 STORY ' ** RESERVED PARKING GARAGE (B) (178 PARKING SPACES) ±.:{ N. t' r- N 4-ST t: `+ / `. y` B DING { > ~ � L ♦ t ,` ✓. ; ° ' _ ..... r � 09 EA$ ,BRAND f 01smNe'.4.STORIl •.♦ ♦ ✓ ♦✓� i E f /. r �o : ` f t BUIONG _..,. 24INiVAT Gh4,ND r ✓ ♦ r BUICDIN . 14> a _ r.� `• ANo GR J 1 IN jI , s t (I ALEXANDRIA PHASE IV - COMPLETE BUILDING AREA: 249 EG (4 STORY) = 136,191 SF 259 EG (5 STORY) = 163,257 SF 269 EG (3 STORY) = 102,616 SF 279 EG (4 STORY) = 137.936 SF TOTAL AREA: 540,000 SF PARKING REQUIRED: PARKING RATIO: 2.5 spaces /1,000 SF 540,000 X 2.5/1000 = 1,350 spaces PARKING PROVIDED: SURFACE PARKING = 542 spaces GARAGE (A) PARKING = 808 spaces TOTAL PARKING = 1,350 s aces PARKING RESERVE: PARKING RATIO: 2.83 spaces /1,000 SF GARAGE (B) PARKING = +179 spaces TOTAL PARKING = 1529 spaces i �IIIII DGA planning arcYtecture i '.nteriors M T- om N 7--7 mi mg nd ■ + /A 213 tl 11 j, it v -'ML Acr�5 249 EAST GRAND EXISTING 5-STORY BUILDING 259 EAST, GRAND EXISTING 4 -STORY BUILDING 20 EAST GRAND EAST GRAND, (I A L E X A N D R I A . MOROSED 34TPRY' BUILDING rr 269 LAST G RAND 4 RAILS TO TRAILS - OVERALL PLAN U-W�W'1113 LQ 166,11111 DGA planning I architecwre I interiors Mi OW u u Sim .... 681 Gateway Boulevard • Four Story Lab - Office Building 127,000 Sq. Ft • Awarded LEED Silver in 2007 • First LEED Silver Certified building in the State of California under the LEED - CS Pilot Program ALEXANDRIA, 249 East Grand Avenue • Four Story Lab-Office Building 136,000 Sq. Ft • Awarded LEED Silver Certification in November, 2008 259 East Grand Avenue • Five Story Lab- Office Building 163,250 Sq.Ft. • Currently seeking LEED Platinum Certification fit�..'' 400 & 450 East Jamie Court • Two @ Three Story Lab - Office Building 162,000 Sq. Ft • Awarded LEED Silver Certification in 2010 .,�7z�'- ARE LEED EFFORTS IN SOUTH SAN FRANCISCO a IIIII DGA planning I architecture ' interic -s _n D N —1 J Ind PPPF i:1 PM9 aP I ■ f-P" (I A L E X A N D R I A . U.S, Green Building Council 681 GATEWAY SOUTH SAN FRANCISCO. CA HAS I-t!C1-.t"FVLLVMf1 I" tG OR" RUILOW6 ST KfQL3 ACV 01K TUR VOL tKVRL CNI11:2 I ItOL Ll. 0' 1-V '1'4R + r ;i r,r i wk i r41, 4; a r 4 V Ki i i pc -, , P t t , .,I sti: %S LEVY for Care & Shell Pilot In 4W/450 EAST JAMIE COURT South San Francisco, CA '-FED FnR CORF & SHELL nor SILVER January 2010 U.S. Green Building Council 249 EAST GRAND SOUTH SAN FRANCISCO, CA ts LEED for Core & Shell (PENDING FINAL REVIEW FOR CONSTRUCTION CREDIT) 259 EAST GRAND SOUTH SAN FRANCISCO, CA LEED for Core & Shell ARE LEED CERTIFICATIONS IN SOUTH SAN FRANCISCO DGA planning I architecture j 7ntericrs O CV 0 0 F11 DATE: July 24, 2013 TO: Honorable Mayor and City Council FROM: Terry White, Director of Public Works SUBJECT: A RESOLUTION AWARDING AN AMENDED CONSULTING SERVICES AGREEMENT TO HARRIS & ASSOCIATES FOR THE US 101 RAMP IMPROVEMENT PROJECTS IN AN AMOUNT NOT TO EXCEED $642,471 RECOMMENDATION It is recommended that the City Council adopt a resolution awarding an amended Consulting Services Agreement to Harris & Associates of Concord, California, for the East of 101 Ramp Improvement Projects in an amount not to exceed $642,471. BACKGROUND /DISCUSSION On November 14, 2012, City Council awarded a consulting services agreement to Harris & Associates in an amount not to exceed $472,645 for construction management of the following East of 101 Ramp Improvement Projects which included the modification of two US 101 intersections: 1) Modify Grand Avenue northbound off -ramp to add an additional exit lane; 2) Modify Oyster Point Boulevard northbound off -ramp to add additional right turn from Dubuque Avenue to eastbound Oyster Point Boulevard. On June 26, 2013, City Council awarded a construction contract to Granite Rock Company DBA Pavex Construction Division for the US 101 Ramp Improvements Project which included the two above- mentioned off - ramps. In addition, the award included the modification of the South Airport Boulevard Off -Ramp to add an additional exit lane and the modification at the South Airport Boulevard and Utah Avenue intersection to add an additional left turn lane from southbound South Airport Boulevard onto Utah Avenue. Staff requested a revised proposal from Harris & Associates to incorporate the construction management of the additional construction work into their proposal. The revised cost proposal is in the amount of $642,471, an increase of $169,826, to perform the construction management of the additional work at South Airport Boulevard and Utah Avenue. Further, Harris & Associates is familiar with the Project and would be able to provide efficient delivery of services that are a part of the overall Project. The Consulting Services Agreement scope includes project constructability review; comprehensive project construction administration and inspection; material testing; utility coordination; claim management; public outreach; and post construction closet -out documentation to meet Caltrans requirements, Attached in Exhibit A is the detailed Scope of Work. Staff Report Subject: A RESOLUTION AWARDING AN AMENDED CONSULTING SERVICES AGREEMENT TO HARRIS & ASSOCIATES FOR THE US 101 RAMP IMPROVEMENT PROJECTS IN AN AMOUNT NOT TO EXCEED $642,471 Page 2 of 2 The engineer's construction estimate for the US 101 Ramp Improvements Project is $4,425,000. The cost for the entire construction management is approximately 14.5% of the construction cost, which is in line with the Federal Highway Administration guidelines for similar projects. There are no Disadvantaged Business Enterprise (DBE) requirements on this project. FUNDING Funding for this project is included in the City of South San Francisco's 20132014 Capital Improvement Program (CIP) and completed funded by East of 101 Traffic Impact Fees. There are sufficient funds allocated to cover the project cost. CONCLUSION Staff recommends awarding an amended consulting services agreement to Harris & Associates in the amount of $642,471 based on their qualifications, experience and project understanding. Harris & Associates had delivered quality services for the City of South San Francisco in the past. Awarding of the amended agreement of the consulting services agreements to Harris & Associate will ensure the construction will meet the plans, specifications and Caltrans encroachment permit requirements for the East of 101 Ramp Improvement Projects. By: Terry Whte Director of Public Works Attachments: Resolution rth/sb 2111241.1 Approve • • . � (r) Barry M. Nagel City Manager Harris & Associate Scope of Work and Fee Schedule RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AWARDING AN AMENDED CONSULTING SERVICES AGREEMENT TO HARRIS & ASSOCIATES FOR THE US 101 RAMP IMPROVEMENT PROJECTS IN AN AMOUNT NOT TO EXCEED $642,471 WHEREAS, on November 14, 2012, Harris & Associates ( "Harris ") of Concord, California, was awarded a consulting services agreement for construction management services in an amount not to exceed $472,645 for the US 101 Ramp Improvements Project ( "Project "); and WHEREAS, City of South San Francisco ( "City ") staff requested a revised proposal from Harris incorporating the construction management of additional construction work for the Project at South Airport Boulevard and Utah Avenue; and WHEREAS, staff recommends awarding an amended consulting services agreement with Harris & Associates of Concord, California for additional work for the Project in an amount not to exceed $169,826; and WHEREAS, the Project is included in the City of South San Francisco's 2013- 2014 Capital Improvement Program ( "CIP ") and sufficient funds have been allocated to cover the Project cost. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby awards an amended consulting services agreement for the US 101 Ramp Improvements with Harris & Associates of Concord, California, in an amount not to exceed $642,471. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the Finance Department to establish the Project Budget consistent with the information contained in the staff report. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco hereby authorizes the City Manager to execute the consulting services agreement on behalf of the City upon timely submission by Harris' signed contract and all other required documents, subject to approval by the City Attorney. -1- 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 2013 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: -2- City Clerk !> Harris & Associates ii June 27, 2013 Mr. Robert T. Hahn, P.E. Senior Civil Engineer CIP Manager City of South San Francisco 315 Maple Avenue South San Francisco, CA 94080 RE: U5 101 Ramp Improvements Projects Subject: Harris Construction Management Revised Fee Estimate Dear Robert: As requested, please find attached revised CM fee estimate, revised in accordance with the recommendations made at our meeting yesterday. Please feel free to contact me at (707) 217 -0884 if you need further information or want further changes made. Yours sincerely, Ernest Ezeoha, P.E. Project/Construction Manager k � Harris & Associates. Shaping the future, One praject at a times„ harris- assoc.com ink Green Cc: Andy Tan, P.E, Associate Civil Engineer, City of South San Francisco Michael A. Motil, P.E, Regional Manager— Northern & Senior Vice President, Harris & Associates 1401 Willow Pass Road, Suite 500, Concord, CA 94520 -3- $ � � CL f � § a 12 all FA )} %r )0� J0§ -,� !§ k @; | � - § � K 2 § | 2■ 2� \, � | ( ! 4 § ] ] k`]� ■( |_ !l;�Ilg3 � ®t`f !�k§!■ f ,- ��}}�!k] z!6]lJak � fill��� @� \I !§ k @; | � - § � K 2 § | 2■ 2� \, � | ( ! 4 § ] ] k`]� ■( |_ !l;�Ilg3 � ®t`f !�k§!■ f ,- ��}}�!k] z!6]lJak � -5- City f South Francisco • US 101 Ramp Improvement Projects Ernest Elecho Mark Stinson TCreso Pave Fee Tracy Mike Mom RocfrlgQez Bradford TASK Project Manage, Engineer Signal Project Activity 0 Construct"Jiltyreview so 60 10 4 W a 2s9 1,0 Field inspection Services 0 Pro-Job Coordlna�lon _�adml1tACyylt}es 112 Pre - Construction Meeting, Public Outreach Pre- Coordination Survey (photos /Documentation) Master Schedule, Schedule Support & Update 16.0 869 112 2132 Daily diaries and reports ' -'- Photo Logs p -_- -- _ eonstru fnnSafely ._ ° -._. a -• 29 _ _ �. - 29 Emergency Contact List _tee Safety and Incident Reports 9f(kc4ayo!"IDubllcSaiMy -. - -� � 140 Traffic Control Plan Reviews /inspections -..,v Public notices Coord with City Emergency Services Coordination with Caltrans /City ,___R _ utlli�[oordln?tlon �_ _ -,„ _.. __.. . ..... 24 32 _ _ - 56 Meet with Utility Representatives - Prepare utility records If_ - .1theduie i CQar_lt -1( rliI hiW ][ X06 40 32 72 Review contractors requests forservices � � SchedWe City staff Prepare records Progress P�YImetS - _ - - - - - - - - --V - _... 48 _ A _ 30 L5! Track work and prepare monthly summary r Flnal tnspeftiao� _ _ _._ '- 'm 24 ---- • - Punchlist and photo records - -- _ .... _.. _. ._ _ �_ d __- _, - - -_ - ... --•-__ . ,.� _ _ —� - --_,,, 36 2.0 Resident Engineering >�.._� ._. ���mFttalR €+rfewt__1!f�CwtAeeml�te;_ - -- �__...s °__�_._.._ �. -_ �! _9 _ - !• �- 84 Meet with City & other Stakeholders ' ' �' establish common goals & expectations .._ M 1'raContlgµtLq_i 90W AM -_.._........._._.,_... ._ -_ 40 -...�..:.. -�,� Agenda, minutes and foiiosvup e L Cansaruttien Adm n DnLUttMnt Cagtr0f 13P 6a fit • _ _ - ^• ... 2s7 Maintain Files -_ _ ��_„ Schedule Meetings & prepare minutes Weekly Statement of Working Days Labor compliance and DBE Monitoring Prepare Reports, Records & Letters , a_a_ C_Pmmtm_i_wtlQns $ lPui)IfL ©utrEectr _ _ ..�.. .__. - 146- �.�.�s._+. 1� ���+ :f�._..._...c:cw.....:.......: sus.. .+..,....,�.,�- a�.`l.a�:..�+.f 164 Townhall meetings, flyers, e-nnail alerts, website Traffic management meetings 1 Su"ttalsandRevinws _ _ _ _ 149 32 _, _•` .. _..40. q� _ 212 Process Submittals, RFI, RFC -, Permit Prepare Logs and Reports y 50 32 212 Review monthly GPM schedules ..v...:_. Prepare review documents R Change order review and preparation / M_oMM_x Pragrreas PaYrfle_nts _ - -_ • - - -- - - - - - 96 as 2 Prepare draft monthly pay estimate Prepare final monthly pay estimate _._ . cfafms Management.. ° _ _ 16 9 Review and respond to NOPC`s Meet With contractor /city to resolve a af- SetHefneM, __ _ _ Prepare settlement documents(CCO of other) _ -' - '�- •' - -`° 3.0 Project cioso•out and Documentation 120 222 30 0 ftnalwalkthr"h R Safety Bs Maintenance Reviews It Relief of Maintenance better + f AFbuflt RerorAS/repwrt 0 Project files final revlew and transfer F -� M , _y Fln�i Reports -5- DATE: July 24, 2013 TO: Honorable Mayor and City Council FROM: Terry White, Director of Public Works SUBJECT: RESOLUTION EXECUTING A CONSULTING SERVICES AGREEMENT TO HELIOPOWER FOR THE WATER QUALITY CONTROL PLANT FLOW MONITORING PROJECT IN AN AMOUNT NOT TO EXCEED $33,183. RECOMMENDATION It is recommended that the City Council adopt a resolution executing a Consulting Services Agreement to HelioPower of San. Francisco, California, for the Water Quality Control Plant (WQCP) North Bayside System Unit (NBSU) Flow Monitoring Project (Project No. ss1306) in an amount not to exceed $33,183. BACKGROUND /DISCUS SIGN On April 13, 2011, City Council accepted the South San Francisco /San Bruno Facility Plan Update (FPU). The FPU identified and prioritized a capital improvement program (CIP) for the existing treatment facilities to improve treatment reliability. The North Bayside System Unit (NBSU) consists of the wastewater treatment plants of the cities of South San Francisco, San Bruno, Millbrae and Burlingame and the San Francisco International Airport. The NBSU jointly operates an outfall line that discharges treated effluent from each of the NBSU agencies. The WQCP Flow Monitoring Project would allow WQCP staff to accurately monitor the flows from each of the NBSU agencies in real time and determine the capacity for each of the agencies as it relates to the outfall line. City staff requested proposals from several vendors to provide a quote for the WQCP NBSU Flow Monitoring Project. HelioPower of San Francisco, California was the only vendor that provided the City with a responsive proposal. HelioPower has provided satisfactory services to the City's WQCP in the past with respect to the Photovoltaic System Project, which included utilization of their "PredictEnergy" system. It was further determined that the "PredictEnergy" system can also be used for the NBSU flow monitoring project. HelioPower would design, configure and install hardware to allow flow monitoring of the NBSU agencies. Staffrecomnlends allowing HelioPower to conduct the scope of work (attached) because it would integrate with the photovoltaic system and the existing Supervisory Control and Data Acquisition (SCADA) system. Flow monitoring has been discussed and accepted as a necessary tool by the NBSU members who recommend moving forward with the installation. Staff Report Subject: RESOLUTION EXECUTING A CONSULTING SERVICES AGREEMENT TO HELIOPOWER FOR THE WATER QUALITY CONTROL PLANT FLOW MONITORING PROJECT IN AN AMOUNT NOT TO EXCEED $33,183 Page 2 of 2 FUNDING Funding for this project is included in the City of South San Francisco's 2013 -2014 Capital Improvement Project (CIP /ss1306). Below is the cost breakdown for the project's budget and this cost will be spread between all five (5) NBSU members per our working agreement: Consultant Contract $ 33,183.00 Engineering Administration (15 %) $ 4,980.00 Contingency (15 %) $ 4,980.00 Total Project Budget $ 43,143.00 CONCLUSION Award of the Consulting Services Agreement to HelioPower of San Francisco, California will allow WQCP staff to accurately monitor the NBSU outfall line for the WQCP Flow Monitoring Project. By: Terry White Director of Public Works Attachments: Resolution HelioPower Scope of Services Approved. Barry M. Nagel City Manager RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AWARDING A CONSULTING SERVICES AGREEMENT WITH HELIOPOWER FOR THE WATER QUALITY CONTROL PLANT FLOW MONITORING PROJECT, IN AN AMOUNT NOT TO EXCEED $33,183 WHEREAS, City of South San Francisco ( "City ") staff requested proposals from several vendors to provide a quote for the Water Quality Control Plant's NBSU Flow Monitoring Project ( "Project "); and WHEREAS, HelioPower of San Francisco, California was the only vendor that provided the City with a responsive proposal; and WHEREAS, HelioPower has provided satisfactory services to the City's Water Quality Control Plant in the past with respect to the Photovoltaic System Project, which included utilization of their "PredictEnergy" system; and WHEREAS, further discussion with HelioPower determined that the "PredictEnergy" system could also be used for the present NBSU Flow Monitoring Project; and WHEREAS, City staff recommends awarding a consulting services agreement to HelioPower of San Francisco, California in an amount not to exceed $33,183; ;and WHEREAS, the consulting services agreement with HelioPower will include the design, configuration, and installation of hardware for the Project in order to integrate the Project with the photovoltaic system and the existing Supervisory Control and Data Acquisition (SCADA) system; and WHEREAS, the Project is included in the City of South San Francisco's 2013- 2014 Capital Improvement Program ( "CIP ") and sufficient funds have been allocated to cover the Project cost. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby awards a consulting services agreement to HelioPower of San Francisco, California, in an amount not to exceed $33,183, for the NBSU Flow Monitoring Project. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the Finance Department to establish the Project Budget consistent with the information contained in the staff report. -1- BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco hereby authorizes the City Manager to execute the consulting services agreement on behalf of the City upon timely submission by HelioPower's signed contract and all other required documents, subject to approval by the City Attorney. 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 2013 by the following vote: AYES: NOES: ABSTAIN: ABSENT: 2111628.1 ATTEST: City Clerk H e h o Energy Solutions Know what to do Next..."'' July 9, 2013 Sam Bautista City of South San Francisco - City Engineer 315 Maple Avenue South San Francisco, CA 94080 Proposal; Agency Share Flow Analytics - Deployment Dear Mr. Bautista; Helio Energy Solutions (HES) is appreciative of the opportunity to propose real -time flow monitoring and predictive analytic services. The use of Analytics strongly supports your goals to continue reducing energy costs, and to define and improve facility performance. Waste Water program energy and flow analytics follow a history of analyses paths now used by many industries needed to uncover unanticipated insights - providing significant business value currently untapped. Analytics drives your decision process and aides you to ... "Know what to do next" We have a successful history of predictive and decision analytics, helping many of our customers improve their business performance through improved business data management and analytics to reduce energy costs, improve their processes and increase production. This proposal defines the deployment of the overall project and is supported by the Agency Share Flow Basic Analytics - Hardware proposal. The overall project allows the City of South San Francisco to view and evaluate the North Bay Side Unit (NBSU) effluent flow. Displaying through multiple metering views, the flow of each partner agency can be compared. This project lays the foundation for automated calculations of agency flow as a percentage of total effluent, and real time display of process cost per agency based on their effluent percentage, all from a cloud based platform. We look forward to continue building our partnership with the City of South San Francisco and contribute to their business performance success through predictive analytics. Throughout our experiences with clients and partners we developed confidence in the value of disciplined planning and responsible execution. Most importantly, we know that meaningful solutions are only attainable with dedicated cooperation with clients like you. will continue as your primary contact, supported by our Product Manager, TR Bietsch for discussing this proposal and subsequent conversations regarding engaging Helio Energy Solutions. I look forward to providing you with the assistance you require to best evaluate our company, our capabilities, and our understanding of your business challenge. Do not hesitate to contact me directly at +1.760.533.2906 or by email at MMurray CHelioEnergySolutions.com. Sincerely, Michael Murray Director, Energy Solutions Helio Energy Solutions -3- -,a t Energy Solutions Know what to do Next_` PredictEnergy11' Analytics Deployment Proposal 1. Business Challenge The SSF WQCP currently provides de- chlorination and final effluent pumping services for three NBSU agencies; the San Francisco International Airport (SFIA), the city of Millbrae, and the city of Burlingame. Each of these agencies pump chlorinated effluent to the WQCP for de- chlorination before combining with the South San Francisco /San Bruno final effluent for subsequent discharge to the San Francisco Bay. Tracking of actual effluent flow continues to be a manual, time consuming process and subject to the standard read- write -read manual data error rate of 7 %. The WQCP needs an agency share solution which will eliminate manual data collection and entry, improve the billing process and support healthier financials for the WQCP in the form of more accurate and periodic billing cycles. 2. Solution Helio Energy Solutions (HES) will implement our predictive energy analytics system (PredictEnergy"m) for the City of South San Francisco Water Quality Control Plant (SSF WQCP). Combined flow from South San Francisco and San Bruno will be captured and evaluated along with shared flow from SFIA, Millbrae and Burlingame. These values are compared against the total WQCP flow. The system will present a Basic Monitoring view. Local agencies may have access to the monitoring view through a separate license. The system is designed to enable the City of South San Francisco to improve its efficiency and effectiveness by dramatically reducing the labor, cost and resources currently expended to capture flow info while greatly improving accuracy, timeliness and ultimately WQCP financials. Implementation of this PredictEnergyTM' Monitoring /Analytics project wilt: 1. Provide Agency Share information in real -time, with accuracy and consistency. Z. Eliminate the resources and labor currently expended to capture these data. 3. Greatly improve the shared agency flow and flow allocation process. 4. Expand and extend the capability of the new SSF WQCP SCADA system to provide for data capture, storage, analysis and presentation. 5. Establish the communications backbone for all future data capture and SCADA interface. 6. Establish the PredictEnergy' database and configuration platform upon which all current and future decision analytics may be deployed at the SSF WQCP. 7. Provide the communication network and database for the current Solar PV project. 8. Enhance community projection, and support current and future SSF WQCP public image projections. SCADA and Predictive Analytics are Both Important Both SCADA and Predictive Analytics systems function by acquiring and managing data. However this information is generally in separate data stores, but shared by each system as needed. SCADA manages the data to provide automated distributed control and reporting, where predictive and decision ANALYTICS drills through data to detect trends against algorithmic rules to support better decision making or simply ... "Know what to do next " - The PredictEnergy'm application performs in concert with SCADA, sharing data as needed. PredictEnergylm data can also be integrated with the SCADA system to extend SCADA data and expand SCADA acquires data for CONTROL information visibility. This provides a powerful contribution not normally associated with a SCADA ANALYTICS acquires data DECISIONS system. As part of this proposal, HES will pre - engineer the SCADA - PredictEnergy7" interface communication plan. -4- Proposal for Services This quotation is considered Helio Energy Solutions Inc. confidential and is submitted with the assumption that its contents will not be distributed or shared with any party external to the company for which it is being submitted P :, z F = Energy Solutions Know what to do Next...56' PredictEnergyT' Analytics Deployment Proposal Expandability Implementation of Predict Energy"' for this project lays the foundation to extend predictive analytics from effluent fiow dynamics to process energy cost, and expand results to key performance indicators based on energy cost. With the data acquisition and communication systems in place, extending the system with additional flow and energy meters is simple and economical. Additionally, the system can be expanded to add weather metrics. 3. Statement of Work HES will deploy the PredictEnergy system with basic analytics and, setup and configure the system for the SSF WQCP plant for influent from SSF /San Bruno (E001) and corresponding data collection from the three share agencies; SFIA, Burlingame and Millbrae. Flow meter outputs will be displayed using a tabular format. The presentation metrics for each flow meter will include totalized meter flow during the selected time period (typica(ly month), percentage of total plant effluent (E002), current flow rate, and average flow rate during period. See the Flow Metrics Presentation section below. HES will provide data capture eight (8) key effluent meter locations and provide values for eleven (11) effluent flows. Data Points 1. Millbrae 2. SFiA 3. Burlingame 4. South San Francisco station 4 5. San South Francisco station 9 6. San South Francisco station 11 7. South San Francisco Bar Screen 8. NBSU metered at E002 Effluent Flows 1. Millbrae 2. SFIA 3. Burlingame 4. South San Francisco station 4 5. San South Francisco station 9 6. San South Francisco station 11 portion 7. South San Francisco Bar Screen 4 8. San South Francisco total 9. San Bruno station 11 portion 10. NBSU metered at E002 11. NBSU calculated_ total The data capture system requires; installation of communication modules defined in the SSF WQCP Agency Share Flow Analytics - Hardware proposal. Modules are required at each of the shared agencies and at the WQCP. Data connectivity is provided via HES cellular modems with setup and a communication interface to PredictEnergy' equipment. SSF WQCP is directly responsible for cellular service provided by the cellular service provider of their choice. Typical cell service for data usage is approximately $20- 30 /mo. Additionally, the PredictEnergy'm analytics engine must be configured to perform the analysis and presentation of the required flow metrics. -S- Proposal for Services This quotation is considered Helio Energy Solutions Inc. conf €dential and is submitted with the assumption that its contents will not be distributed or shared with any party external to the company for which it is being submitted P , - I H e i. i k , Energy Solutions Know what to do Next ...^ PredictEnergy "' Analytics Deployment Proposal Data Acquisition and Communications Hardware acquisition, dimensional analysis, planning and assembly All hardware required by this project is defined in the SSF WQCP Agency Share Flow Analytics - Hardware proposal. Analytics Parameters Flow Meters for Display The following flow meters and their associated agency are listed below. Each of these meters typically displays flow rate on a 15 minute sampling frequency but has the capability to program custom data granularity. Physical meters are primarily used for flow input, however to achieve comprehensive reporting required by the WQCP a number of logical meters are utilized. A logical meter is the mathematical results factoring the combined output of multiple meters and may require adjustment by one or more factors. Parameters for Display, Actual and Calculated Agency Meter Comm Sample Display (TBD) Meter Type Meter Type Type Frequency Millbrae Flow TBD 15 min gal /time Physical instantaneous and cumulative SFIA Flow TBD 15 min gal /time Physical instantaneous and cumulative Burlingame Flow TBD 15 min gal /time Physical instantaneous and cumulative South San Flow See 15 min gal/time Logical Francisco notes instantaneous Total and cumulative San Bruno Flow See 15 min gaVtime Logical notes instantaneous and cumulative Total Flow Modbus 15 min gal /time Physical Effluent- TCP instantaneous NBSU and [EO02] cumulative Station 11 Flow Modbus 15 min gal /time Physical TCP instantaneous and cumulative -6- Proposal for Services This quotation is considered Hello Energy Solutions Inc. confidential and is submitted with the assumption that its contents will not be distributed or shared with any party external to the company for which it is being submitted Helio Energy Solutions Know what to do Next. ..^ PredicLEnergy1m Analytics Deployment Proposal Station 4 Flow Modbus 15 min gal /time Physical TCP instantaneous and cumulative Station 9 Flow Modbus 15 min gal /time Physical TCP instantaneous and cumulative Bar Screen 4 Flow Modbus 15 min gal /time Physical TCP instantaneous and cumulative Cale Notes: 1. South San Francisco Total (wet or dry Wx) = (station 4 + station 4 + Bar Screen 4) + ( (1- Station 11 Factor) * station 11) Z. San Bruno = station 11 * Station 11 Factor 3. Station 11 Factor = 0.818 Proposal for Services -� This quotation Is considered Helic Energy Solutions Inc. confidential and is submitted with the assumption that its contents will not be distributed or shared with any party external to the company for which it is being submitted r ,, F, r 5 He he EnergySotution5 Know what to do Next...," PredictEnergy"' Analytics Deployment Proposal System Configuration, Information Presentation and Integration The PredictEnergy " application is built using service modules which are configured to meet the client requirements. Data Acquisition, Data Services, Functionality and Analytic services are predefined and programmed to be configured based on the client's requirements. Using standardized module services, allows us "dnNnlrtrRbn to improve delivery time and reduce development and °�"� °•' "° `�rv1e•• ` ° ^a "^""• P ry P Pe'bduk et7odulr S.reenr N�duk deployment cost. The configuration vs. customization decision is determined during the requirement capture process. Unique requirements are identified and customization requirements are defined, managed and integrated into the project plan iterations. Development engineers then tailor the system to the client's specific requirements. 04- �� An important aspect of the configuration process is determining features and functions important to the client team. Basic functionality needed to monitor and review flow is part of PredictEnergy' core capabilities, such as: • Web page and tabs to segregate functional views • Specialized Key Performance metrics for analysis • Multiple monitoring and analysis graphical selections • Administration of users and comparison parameters System: Configuration Modules For the SSF WQCP Monitoring Project, it's anticipated that some advanced features may be desired by the Client team. The Business Analyst will review these and other features during the requirements gathering process and during future upgrades to the system. These features may include: • Benchmark Target setting to preset flow and cost targets and benchmarks for best -in -class energy usage, KPI Et cost parameters analysis • Benchmarks and Baselines assignments and views to determine current performance against standards • Process cost allocations based on true utility tariff schedules to support daily and seasonal load analysis • Normalized Comparisons of environmental parameters for better analysis and improved comparisons • Energy cost allocation by time period selected Proposal for Services $ This quotation is considered HeIio Energy Solutions Inc. confidential and is submitted with the assumption that its contents will not be distributed or shared with any party external to the company for which it is being submitted r a I c, 1 6 Kno Hetio Energy Solutions PredictEnergy" Analytics Deployment Proposal Flow Metrics Presentation The below table shows the information to be presented, however, specific formatting and display is determined during the business analysis phase of the project. Selected Time Period: Date X thru Date Y Flow Meter Flow for period Selected Millbrae M gal. SFIA M gal. Burlingame M gal. South San Francisco Station 4 M gal. Station 9 M gal. Station 11 portion M gal. Bar Screen 4 M gal. Total M gal. San Bruno - Station 11 portion M gal. NBSU NBSU propeller meter (E002) M gal. NBSU calculated total M gal. System Scalability and Extensibility PredictEnergy'� can scale to handle the data management of your system and expand to meet your functional needs. The Predict Energy"' system can manage the growth of source devices, data growth and the expansion of needed user access. For example there are over 5000 Modbus source devices for measuring 100s of parameters such as; temperature, flow, pressure, energy, consumption and more. PredictEnergylm has an unlimited capacity for data and source device expansion and growth. Our modular system structure allows us to extend the functionality of the system, with virtually boundless system features. For example, our Safeway client has expanded their use of PredictEnergy' from one distribution center in Northern California, to all of their North American distribution centers. 4. Pricing HES will deploy and setup the PredictEnergy�' analytics solution: Analytics Deployment, Implementation, and Presentation $33,183.00 Total $33,183.00 Changes in Statement of Work: Change Order Customer may request, in writing, a modification to the Statement of Work called a "Change Order ", specifying the desired modification(s) with the same degree of specificity as in the original specifications. If HES agrees to perform such modifications, it will notify the Customer and submit an estimate of the time and cost to implement the changes. The performance of any modified services by HES shall be governed by the terms and conditions of this Agreement. Change Order work is performed on a time and material (T &M) basis. Customer will agree in advance to pay HES for reasonable costs incurred in investigating and preparing the Estimate. Proposal for Services This quotation is considered Helio Energy Solutions Inc. confidential and is submitted with the assumption that its contents will not be distributed or shared with any party external to the company for which it is being submitted , , g H ehoEnergySolutions Know what to do Next ... w PredictEnergy'" Analytics Deployment Proposal Schedule This project will be completed in conjunction with the PredictEnergyw System installation in order to minimize costs and is therefore bound by that installation schedule. With immediate approval, it is anticipated that the PredictEnergy'I system installation will occur within two weeks. Payment Schedule Project will be invoiced 50% of contract amount upon approval and 50% at completion. Payments made more than 30 days late shall be charged a late fee of 1.5% of the outstanding balance due per month. This late fee will be due immediately and will be added to the overdue balance on the first day the payment is past due. Client Responsibilities Timely response and access to information is critical to the success of this project, more so than previous projects. Specifically, the project success is dependent upon the timely receipt of information, access to the site and staff, and information quality. Our Project Manager will clearly communicate our informational needs to the Facility Point of Contact as defined by you. SSF WQCP must make a reasonable effort to respond to our requests for, and access to information, and access to the facilities in a timely manner. Installation Notes 1. The use of cellular gateways is required but not included with this proposal. See the SSF WQCP Agency Share Analytics - Hardware proposal. 2. The hardware, programming, fP addressing and installation of cellular modems is included as part of the Agency Share Flow Analytics - Hardware proposal pricing. Monthly cellular service charges are not included and will be borne by the customer directly. if requested, HES will assist in the customer in obtaining a competitive cellular service rate -1 a- Proposal for Services This quotation is considered Helio Energy Solutions Inc. confidential and is submitted with the assumption that its contents will not be distributed or shared with any party external to the company for which it is being submitted Page S Helio Energy Solutions Know what to do Next ... s" Acceptance PredictEnergy" Analytics Deployment Proposal This constitutes the entire proposal; any alteration or deviation from the above work plan involving extra costs will be executed only upon written change order, and will become an extra charge over and above the Proposal. This proposal is valid for 30 days. The prices, specifications and conditions are satisfactory and are hereby accepted. HES is authorized to do the work as specified. Payment will be made as outlined in the Payment Schedule. If the foregoing meets with your approval, please sign this letter beneath the words "AGREED TO" to bind this contract. Accepted: City of South San Francisco Helio Energy Solutions, Inc. Approved By Date Approved By Date M E Murray Sam Bautista Director, Energy Services Superintendant, City of South San Francisco Next Step Upon completion of the contract you will be contacted by a project manager. We require 1 week minimum time to schedule most projects and will contact you after receipt of your Purchase Order or signed confirmation and deposit check. PLEASE FAX OR SEND THE ENTIRE CONTRACT TO: Helio Energy Solutions 25767 Jefferson Ave Murrieta, CA 92562 Fax: 951 - 677 -9559 Payments should be remitted to the same address Proposal for Services -11- This quotation is considered Hello Energy Solutions Inc. confidential and is submitted with the assumption that its contents will not be distributed or shared with any party external to the company for which it is being submitted r , _; N O a O a� 7, a c� N J'1 i a ran Q� C Lr.J _U a. w z 0 U 3 O OY 7 L• W T ti r T��gxi _ks ?as � u sz - kt, A E e y 19 � V u a a a n n m C C a E( • U U E D N s E ti r I ��n w z 2 ■� 11 m _ m 01 0 u CL Ca w M a a ` VI N wa N �OOrI ep '� 4 d U r I I r r i I { i i 1 0 la V) 0 19� c'P 1 Q� N e q� :@ C y z Q C n a a M c N to c W CA M e <, a s n 7 S6 :i A R 06 y u M "e r O. �, r Zi °°tr5 5 = i 01 E �io� ii °c VI !,e w L. 'w A z ca E � rGp� n to < -1 !J rtf Vi 1 e t �•, i L9 ._y �. 77 ' t , I in in 4 O tn C W 7- itrV N U 4 fil t1S b "O G! :C Q H e .n 0 CL - � L a N C 3 Io d E s� s a c ` m .a, x a C y, d � e a O � J i C C � O 3 � a y m o v � c a w � _O ii L r C C C L p «N O 7 m t � F u DATE: July 24, 2013 TO: Honorable Mayor and City Council FROM: Terry White, Director of Public Works SUBJECT: A RESOLUTION EXECUTING A SERVICES AGREEMENT TO AMERICAN TECHNOLOGIES, INC. OF HAYWARD, CALIFORNIA FOR THE RESTORATION OF THE CITY HALL ANNEX DUE TO FIRE DAMAGE AND APPROPRIATING FUNDS FOR THE RESTORATION RECOMMENDATION It is recommended that the City Council adopt a resolution executing a services agreement to American Technologies, Inc. of Hayward, California for the restoration of the City Hall Annex due to fire damage in the amount not to exceed $33,707.60 and appropriating funds to initiate the restoration of the building. CKGROUNDIDISCUSSION On January 20, 2013, a fire occurred at the City Hall Annex Building. The cause of the fire was undetermined; however, it occurred in the trash dumpster, which was located adjacent to the building on the west side. The fire was intense that it overheated and broke the window adjacent to the dumpster, allowing smoke and soot to enter the entire Engineering Division space. The space is completely smoke damaged and the first phase of the restoration is to pack up all items and clean and deodorize them. Once cleaned, the items will be stored at an offsite location and renovation of the Engineering Division space will commence. Staff solicited quotes from a specialized contractor to perform the cleaning and deodorization of the items. Two companies provided quotes and those were American Technologies, Inc. of Hayward, California and BELFOR Property Restoration of Hayward, California. Staff recommends American Technologies, Inc. based and cost and scope of work. Staff will return to City Council for its consideration on the renovation of the Engineering Division space in the near future. Shown below is the proposed restoration cost: American Technologies, Inc. of Hayward, CA $ 33,707.60 Construction Contingency (20 %) $ 6,740.00 Construction Administration (10%) $ 3,370.00 Total Restoration Cost $ 43,817.60 Staff Report Subject: A RESOLUTION EXECUTING A SERVICES AGREEMENT TO AMERICAN TECHNOLOGIES, INC. OF HAYWARD, CALIFORNIA FOR THE RESTORATION OF THE CITY HALL ANNEX DUE TO FIRE DAMAGE AND APPROPRIATING FUNDS FOR THE RESTORATION Page 2 of 2 FUNDING Staff recommends appropriating General Funds in the amount of $43,817.60 to cover the restoration cost. This amount will be reimbursed by the Association of Bay Area Governments (ABAG) as soon as invoices are submitted to ABAG. CONCLUSION Executing the services agreement with American Technologies, Inc. of Hayward, California will allow for the restoration of the Engineering Division offices located at the City Hall Annex building. n r. By: �-- Terry WhAd Director of Public Works Attachment: Resolution Scope of Work (Exhibit "A ") Approve M. Nagel City Manager RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION EXECUTING A SERVICES AGREEMENT WITH AMERICAN TECHNOLOGIES, INC. OF HAYWARD, CALIFORNIA FOR THE RESTORATION OF THE CITY HALL ANNEX DUE TO FIRE DAMANGE AND APPROPRIATE FUNDS FOR THE RESTORATION WHEREAS, on January 20, 2013, a fire occurred at the City Hall Annex Building, damaging the entire Engineering Division space; and WHEREAS, City of South San Francisco ( "City ") staff solicited quotes from specialized contractors to perform the restoration and received quotes from two (2) firms; and WHEREAS, staff recommends executing the services agreement for the work to American Technologies, Inc. ( "ATI ") of Hayward, California based on cost and scope of work in an amount not to exceed $33,707.60; and WHEREAS, staff recommends appropriating General Funds in the amount of $43,817.60 appropriated to cover the restoration cost, which will be reimbursed by the Association of Bay Area Governments ( "ABAG "). NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby executes the services agreement for the restoration of the City Hall Annex to American Technologies, Inc. of Hayward, California, in an amount not to exceed $33,707.60 conditioned on ATI's timely execution of the service contract and submission of all required documents, including but not limited to, certificates of insurance and endorsements, in accordance with the service documents. BE IT FURTHER RESOLVED that General Funds in the amount of $43,817.60 will be appropriated to cover the restoration cost. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the Finance Department to establish the budget consistent with the information contained in the staff report. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the documents on behalf of the City upon timely submission by American Technologies, Inc.'s signed contract and all other documents, subject to approval by the City Attorney. -1- 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 2013 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: -2- City Clerk American Technologies, Inc. 25000 Industrial Blvd. Hayward, CA 94545 510- 429 -5000 510- 429 -5010 Fax License # 571784 Client: City of South San Francisco Property: 315 Maple Ave. So. San Francisco, CA Operator Info: Operator: DWARD Estimator: Dan Ward Business: 30911 Weigman Road Hayward, CA 94544 -7809 Reference: Mike Allen Company: McClarens Young & Assoc. Business: 180 Mongomery Street #2100 San Francisco, CA 94104 Type of Estimate: Fire Date Entered: 5/712013 Price List: RESTORATION Labor Efficiency: Restoration/Service/Remodel Estimate: SOSANFRANI Date Assigned: Business: (510) 429 -5000 Business: (415) 228 -6405 American Technologies, Inc. is pleased to offer this estimate far the pack out, cleaning, storage andpck in of the contents affected from a small fire to the rear of the offices. Visual smoke damage was viewed on files and contents located in the building. Light soot was viewed on random files within file drawers and inside of desk drawers. The estimate is broken down by office for a complete pack out, cleaning and deodorization. Storage of the items will be provided by the City at a off -site location. Once the items are cleaned and deodorized the contents will be transported to the off-site storage area. The pack in of the items will be considered a open item pending the completion of the construction from the fire. Once the construction site has been viewed to determine the changes made to the buildingATl will establish either T &Mpricingfor the pack in or a solid bid based on the Cities and Insurance Companies requirement. -3- American Technologies, Inc. 25000 Industrial Blvd. Hayward, CA 94545 510- 429 -5000 510- 429 -5010 Fax License # 571784 SOSANFRANI Plan Room DESCRIPTION QNTY REMOVE REPLACE TOTAL Crew members (6) 48.00 HR 0.00 35.00 1,680.00 1.5cf boxes (includes: packing paper, tape, 60.00 EA 0.00 3.95 237.00 forms) 4.5cf boxes (includes: packing paper, tape, 10.00 EA 0.00 8.75 87.50 forms) Crew members (processing) 40.00 HR 0.00 35.00 1,400.00 Content Manipulation at the warehouse: Crew members 16.00 HR 0.00 35.00 560.00 Totals: Plan Room 3,964.50 Hallway DESCRIPTION QNTY REMOVE REPLACE TOTAL Crew members (2) 16.00 HR 0.00 35.00 560.00 1.5cf boxes (includes: packing paper, tape, 45.00 EA 0.00 3.95 177.75 forms) 4.5cf boxes (includes: packing paper, tape, 10.00 EA 0.00 8.75 87.50 forms) Crew members (processing) 22.00 HR 0.00 35.00 770.00 ContentManipulatlan at the warehouse: Crew members 4.00 HR 0.00 35.00 140.00 Totals: Hallway 1,735 25 Office DESCRIPTION QNTY Crew members (2) 12.00 HR 1.5cf boxes (includes: packing paper, tape, 30.00 EA forms) SOSANFRANI REMOVE REPLACE TOTAL 0.00 0.00 35.00 3.95 420.00 118.50 6/11/2013 Page:2 American Technologies, Inc. 25000 Industrial Blvd. Hayward, CA 94545 510 - 429 -5000 510 - 429 -5010 Fax License 4 571784 DESCRIPTION CONTINUED - Office QNTY REMOVE REPLACE TOTAL Mirror boxes 5.00 EA 0.00 5.75 28.75 Crew members (processing) 10.00 HR 0.00 35.00 350.00 Content Manipulation at the warehouse: Crew members 4.00 HR 0.00 35.00 140.00 Totals: Office 1,057.25 Second Hallway (file storage) DESCRIPTION QNTY REMOVE REPLACE TOTAL Crew members (8) 32.00 HR 0.00 35.00 1,120.00 1.5cf boxes (includes: packing paper, tape, 75.00 EA 0.00 3.95 296.25 forms) 4.5cf boxes (includes: packing paper, tape, 20.00 EA 0.00 8.75 175.00 forms) Crew members (processing) 40.00 HR 0.00 35.00 1,400.00 Content Manipulation at the warehouse: Crew members 10.00 HR 0.00 35.00 350.00 Totals: Second Hallway (file storage) 3,341.25 Back Office DESCRIPTION QNTY REMOVE REPLACE TOTAL Crew members (8) I28.00 HR 0.00 35.00 4,480.00 1.5cf boxes (includes: packing paper, tape, 313.00 EA 0.00 3.95 1,236.35 forms) 4.5ef boxes (includes: packing paper, tape, 50.00 EA 0.00 8.75 437.50 forms) Crew members (processing) 210.00 HR 0.00 35.00 7,350.00 Content Manipulation at the warehouse: Crew members 20.00 HR 0.00 35.00 700.00 Totals: Back Office 14,203.85 SOSANFRANI 6/11/2013 Page:3 -5- American Technologies, Inc. 25000 Industrial Blvd. Hayward, CA 94545 510- 429 -5000 510- 429 -5010 Fax License # 571784 Materials & Equipment DESCRIPTION QNTY REMOVE REPLACE TOTAL Bubble wrap (24050) 1.00 RL 0.00 148.00 148.00 Bubble wrap (24x250) 1.00 RL 0.00 85.00 85.00 Degreaser 1.50 GL 0.00 18.00 27.00 Heavy duty soil lifter 1.00 GL 0.00 34.25 34.25 Surgical rags 45.00 LB 0.00 5.75 258.75 Dry sponge 250.00 EA 0.00 3.95 987.50 Ozone purification equipment (one unit for 1.00 WK 0.00 625.00 625.00 one week) 24' truck (one 24' truck for one week) 1.00 WK 0.00 1,125.00 1,125.00 Passenger /Supply van (one van for one week) 1.00 WK 0.00 475.00 475.00 Carpet machine 2.00 EA 0.00 75.00 150.00 Hepa vacuum (two vacuums for one week) 2.00 EA 0.00 375.00 750.00 Totals: Materials & Equipment 4,665.50 Transport to Storage DESCRIPTION QNTY REMOVE REPLACE TOTAL Crew members (4) 64.00 HR 0.00 35.00 2,240.00 24' truck 2.00 EA 0.00 225.00 450.00 16' moving truck 1.00 EA 0.00 175.00 175.00 Totals: Transport to Storage 2,865.00 General DESCRIPTION QNTY REMOVE REPLACE TOTAL Superintendent 25.00 HR 0.00 75.00 1,875.00 Totals: General 1,875.00 Line Item Totals: SOSANFRANI 33,707.60 SOSANFRANI 6/11/2013 Page:4 American Technologies, Inc, 25000 Industrial Blvd. Hayward, CA 94545 510 -429 -5000 510- 429 -5010 Fax License # 571784 Line Item Total Replacement Cost Value Net Claim M Dan 'Ward Summary -7- 33,707.60 $33,707.60 $33,707.60 6/11/2013 Page :5 Government Code Section 54957.E SB 343 Mouasher, Iman Agenda 07.24.2013 Item # 7 From: Paul Stewart [paul @samcar.org] Sent: Wednesday, July 24, 2013 1:59 PM To: Addiego, Mark; Garbarino, Rich; Gupta, Pradeep; Matsumoto, Karyl; Gonzalez, Pedro Cc. Nagel, Barry; White, Terry; Martinelli, Krista; Mattas, Steve Subject: Amending the SSF Municipal Code -Sewer Lateral Inpections Importance: High Mayor Gonzalez and City Council; Tonight you will be considering "An ordinance amending the South San Francisco Municipal Code, Chapters 144.08 and 14.14, to incorporate new provisions required by the State Water Board for discharges into the sanitary sewer collection system and adjusting the requirements for lateral inspections required at the time of sale or transfer of property" At the July 17, 2013 Special Study Session on the issue, Council indicated unanimous support for adoption of staff recommendations /the amendments. (Mayor Pro Temp Matsumoto was unable to attend the session.) The San Mateo County Association of REALTORS' (SAMCAR) would respectfully recommend Council continue its support for these prudent and practical changes. As has been noted by SAMCAR and city staff, this requirement has created frustration for both buyers and sellers alike. It has placed a considerable burden on staff and taken away resources for inspection capabilities on other projects. It has been disruptive to escrow closing details and has caused unintended consequences when sales have failed or discovered that homes not for sale are tied to the sold lateral. In fact, the staff report stated, "Staff feels strongly that the City should remain outside of the escrow process and adjust the ordinance to remove the inspection requirement at point of sale or transfer. To address the lateral condition problem (Editorial note: per existing municipal code, it is the property owner's responsibility to inspect and repair the laterals), staff feels that it is more appropriate to recommend to buyers and their agents request the inspections on their own, much like termite or standard home inspections, allowing them to bargain the price and responsibility for repair between buyers and sellers." Representatives from SAMCAR will be in attendance at tonight's Council meeting and stand ready to answer any additional questions Council may have on the matter. Thank you for the opportunity to provide our input and recommendations. Paul Stewart GOVERNMENT AFFAIRS DIRECTOR (650) 696 -8209 1 paul @samcar.orR 850 Woodside Way, San Mateo, California 94401 www.samcar.om I www.facebook.com /samcar.fans 19, ajn , teo County Association of REALTORS" "Just because you do not take an interest in politics doesn't mean politics will not take an interest in you. " Pericles, Athenian Statesman DATE: July 24, 2013 TO: Honorable Mayor and City Council FROM: Terry White, Director of Public Works SUBJECT: AN ORDINANCE AMENDING THE SOUTH SAN FRANCISCO MUNICIPAL CODE, TITLE 14 WATER AND SEWAGE, CHAPTERS 14.08, WATER QUALITY CONTROL AND 14.14 SEWER LATERAL CONSTRUCTION, MAINTENANCE AND INSPECTION RECOMMENDATION It is recommended that the City Council, waive reading, and introduce an ordinance amending the South San Francisco Municipal Code, Chapters 14.08 and 14.14, to incorporate new provisions required by the State Water Board for discharges into the sanitary sewer collection system and adjusting the requirements for lateral inspections required at time of sale or transfer of property. BACKGROUND/DISCUS S ION It is proposed to make revisions to Municipal Code Chapter 14.08 ( "Pretreatment Ordinance ") for several reasons, specifically to sections 14.08.150 and 14.08.270. The California Regional Water Quality Control Board, San Francisco Bay Region ( "Regional Water Board ") conducted a Pretreatment Compliance Audit of our accounting of inspections of industries within the City on January 9" and 10th of 2013. As a result, staff received a letter dated June 3, 2013 from the Regional Water Board, mandating that the City update the Pretreatment Ordinance to bring it into better compliance with the Federal Pretreatment Regulations. Because the City is required to revise its ordinance to reflect these changes, Council met on July 17, 2013, to review the suggested revisions to the attached Pretreatment Ordinance to make it consistent with the federal requirements. New language will be included in our existing ordinance to strengthen our enforcement actions as a result. The specific sections of the ordinance have been provided to us by the Regional Water Board and the responses indicated that the City would update the section language to bring it into stronger compliance with 40 CFR 403.8 and 403.17. Revisions to the Pretreatment Ordinance requirements are considered non - substantial as long as the changes directly reflect the federal requirements. Consequently, the City is not required to obtain approval of the revised Pretreatment Ordinance from the Regional Water Board, however, the City must notify the Regional Water Board at least 45 days before implementing the revised Pretreatment Ordinance. Staff Report Subject: AN ORIDNANCE AMENDING THE SOUTH SAN FRANCISCO MUNICIPAL CODE, CHAPTERS 14.08 AND 14.14, FOR REVISIONS RELATED TO THE SANITARY SEWER COLLECTION SYSTEM Page 2 of 2 Only two sections are impacted, Section 14.08.150 Permit Transfer and Section 14.08.270, Bypass of Treatment Facilities. The revised sections are attached. The changes are reflected in the revised ordinance sections in two ways. Items to be stricken from the ordinance are shown with a strikethrough and new and added items are shown bold with an underline. It is also proposed to make revisions to Municipal Code Chapter 14.14 ( "Sewer Lateral Ordinance ") consistent with the requirements by the Regional Water Board for one section, 14.14.130, Abatement of leaks, breaks, and improper sanitary sewer conditions. The remaining section modifications are suggested by staff,14.14.020 Definitions, 14.14.030 Public Sanitary Sewers, General, 14.14.040 Building Drain and Building Sanitary Sewer Lateral, 14.14.120 Building Sanitary Sewer Laterals, 14.14.160 Certificate of Compliance Required Upon Sale, and 14.14.170 Time Extension Certificates. The mandate contained within the May 2012 Federal Consent Decree entered into by both the San Francisco Baykeeper and the City required the City to create an ordinance to perform sewer lateral inspections and correct problems associated with those inspections. As the City previously did not have a lateral ordinance it was an opportune time to create one that established guidelines for their construction as well as inspection. The Consent Decree has now been removed and staff is recommending the ordinance be amended to clean up some language related to construction items and also to remove the inspection requirement at point of sale or transfer of the property. Staff has suggested adjusting the ordinance to remove the inspection requirement at point of sale or transfer. Staff does support leaving the requirement for when the home is seriously remodeled or the property changes use, To address the lateral condition problem staff feels that it is more appropriate to recommend to buyers and their agents request the inspections on their own, much like termite or standard home inspections, allowing them to bargain the price and responsibility for repair between buyers and sellers. With this change staff feels that an adjustment in details of the construction of laterals related to property lines and physical right of way constraints are also in order as we have gained experience with how the new ordinance works in the field and these are included in the body of the changes. FUNDING No funding is necessary for the revision of Municipal Code Chapters 14.08 or 14.14. CONCLUSION Staff recommends amending the South San Francisco Municipal Code, Chapters 14.08 and 14.14, to incorporate updated provisions required by Federal Pretreatment Regulations and suggested by the Regional Water Board, to clarify construction details and to remove point of sale requirements related to the operations of the sanitary sewer collection system. Staff Report Subject: AN ORIDNANCE AMENDING THE SOUTH SAN FRANCISCO MUNICIPAL CODE, CHAPTERS 14.08 AND 14.14, FOR REVISIONS RELATED TO THE SANITARY SEWER COLLECTION SYSTEM Page 3 of 2 Terry White Director of Public Works Attachments: Approve airy M. Nagel City Manager Revised impacted sections of Municipal Code Chapter 14.08 dated July 2013 Revised impacted sections of Municipal Code Chapter 14,14 dated July 2013 TITLE 14 - WATER AND SEWAGE - CHAPTER 14.08, WATER QUALITY CONTROL (Pretreatment Ordinance — July 2013) 14.08.150 Permit Transfer Wastewater discharge permits are issued to a specific user for a specific operation a and shall not be reassigned or transferred or sold to a new owner, new user, different premises, different entities or to a new or changed operation without the approval of the city. Any succeeding owner or users shall also comply with the terms and conditions of the existing permit. (Ord. 1420 § 1, 2010) The previous owner, user, or entity shall provide a copy of this permit to the new owner or operator, and the new owner, operator, or entity shall abide by these permit conditions. The previous owner, user, or entity must notify the POTW of a change in operation at least. ten (10) days prior to any change. All permit transfers shall conform to provisions of 40 CFR 403.8(f)(1)(iii)(B)(2), 14.08.270 Bypass of Treatment Facilities A user shall notify the city of any upset ord bypass of treatment facilities within twenty -four hours of becoming aware of the upset or tiiian6eipated bypass. The user shall submit the following .fef a+; # the r r ,a ,#;, e f the ,� ,, i� Viill µLiaJ1A LV L11V V1L� �U/ U IAV�]Vl and the of the of ntie .:.ate Z....... ss. (b) the ed of .-� ..l:.... ee upset L1 VdtJ LL4V4L V�'�Jii�l , 7 , , �`' pfe t -ee f- n of et eFb . (Ord. 1420 § 1, 2010) to the city .:.s�u avr i.ii� 1VLlA11W11VV c� � a written report describing the upset and/or bypass, the exact date and time the upset and /or bvpass be an its duration cause volume disebarized, whether the upset and/or bypass continues or has been corrected and steps taken or planned to reduce eliminate, and prevent reoccurrence of the upset and/or bypass. The written report shall be delivered to the city within five calendar days of the time the Industrial User first becomes aware of the upset and /or bypass. An Industrial User may allow anV bypass to occur which does not cause pretreatment limits standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. All notifications to the city shall conform to provisions of 40 CFR 403.17(c)(2) notification requirements. Items to be stricken from the ordinance are shown with a strikethrough and new or added items are shown bold with an underline. Sections highlighted in yellow represent changes required by the Regional Water Board and those highlighted in M are solely recommended by stafj� -1- TITLE 14 - WATER AND SEWAGE - CHAPTER 14.14 - SEWER LATERAL CONSTRUCTION, MAINTENENACE AND INSPECTION (Sewer Lateral Ordinance - July 2013) (a) Unless otherwise defined within subsection (b) of this section, terms used in this chapter shall have the same meaning as those terms defined in Section 14.08.030 of the South San Francisco Municipal Code. (b) As used in this chapter, the following words, phrases and terms shall have the following definitions: "Air testing" or "air tested" means a method whereby a building sanitary sewer lateral is pressurized with air for the purpose of detecting leaks or defects in the pipe being tested. An air tested building sanitary sewer lateral will be deemed defective for purposes of this chapter if it does not hold three and one -half pounds per square inch of air pressure (psi -air) for at least two minutes with at least two and one -half psi -air remaining at end of the air test. "Building drain" means that part of the lowest piping of a building drainage systern which receives the discharge from soil, waste and other drainage pipes within the building or structure and conveys it to the building sanitary sewer lateral. The point of connection of the building drain to the building sanitary sewer lateral shall be within two feet of the outside of the building wall. A clean -out and ti..,ekfiew pr -eveft heft device shall be installed at the point of connection of the building drain to the building sanitary sewer lateral. "Building sanitan, sewer lateral" means that part of a drainage system which extends from the end of the building drain and conveys discharge to a public sewer or other point of disposal. The building sanitary sewer lateral shall terminate at the wye or other manufactured connection to the public sewer. "Certificate of Compliance" means a written certificate issued to a property owner by the public works director or designee certifying that a building sanitary sewer lateral is properly equipped, structurally sound and complies with all standards of this chapter and any other applicable standards established by the city. "Defective sewer lateral" means any building sanitary sewer lateral that displays leaks or defects upon the completion of inspection or that is deemed by the city, in its discretion, to be defective upon completion of air testing or any other testing method required by the city. -2- "Inspection" means a process whereby both a video camera and/or smoke are placed into and run through the inside of a building drain, building sewer lateral or public sewer for the purpose of detecting leaks or other obvious defects. "Manufactured connection" means a commercially manufactured and available sewer "wye" or "tee" fitting of the proper size and material for the subject application. "Property owner" means any individual or entity owning property within the boundaries of the city that is connected to a public sewer. (Ord. 1453 § 1, 2012) All city sanitary sewer mains, junction structures, pumping stations and appurtenant facilities within the public right -of -way, public utility casements or sanitary sewer easements are part of the city's wastewater collection system owned by the city and are under the control and operation of the city (Ord. 1453 § 1, 2012) except those facilities that are part of the Westborough Water District and the private laterals which are connected and flow to that system. (a) The property owner is responsible at his or her expense to construct, operate, clean and maintain all building sanitary sewer laterals or waste holding tanks, individual waste disposal systems including septic systems, if permitted, sewage ejector pump stations and appurtenant pipelines, valves and structures to either the point of connection with the cleanout wye on the building sanitary sewer lateral or to the city sanitary sewer main as provided below, in full compliance with the provisions of this chapter. The city shall maintain the building sanitary sewer lateral from a city- approved cleanout wye to the city sanitary sewer main when a eleanout is provided either in the sidewalk, or if there is no sidewalk within the public right -of -way then it shall be installed within two and one -half feet of the city main or in such a location as approved by a city issued permit. In such instances, the cleanout must be accessible at all times and may require a traffic rated cover as required in the permit. When the cleanout is located outside of these designated areas, the property owner is responsible for maintaining the building sanitary sewer lateral all the way to the city sanitary sewer main including the building sanitary sewer lateral's wye junction to the main. Where a cleanout does not exist and the property owner desires to install one, the city will not accept maintenance responsibility from the new cleanout to the city's main until the property owner satisfies the public works director /city engineer or designee as to the proper operational condition of that lateral. -3- (b) Sanitary sewer connections to the city's wastewater collection system shall be limited to one building sanitary sewer lateral per lot, parcel or tract of land. Multiple or branched sanitary sewer connections are specifically prohibited. The limitation to one building sanitary sewer lateral per lot shall also apply in the case of condominium subdivisions, planned unit developments and commercial developments, unless specifically waived in a subdivision improvement agreement or sanitary sewer main extension agreement. (c) Existing conditions not in compliance with this chapter shall be brought into compliance within one hundred twenty calendar days after owner receives notice from the city, or as otherwise provided by this chapter. Time extensions may be granted under unusual circumstances as determined by the public works director and described in Section 14.14.180. The replacement of existing multiple or branched sanitary sewer connections shall be at the owner's expense. (Ord. 1453 § 1, 2012) (a) The property owner at his or her expense shall maintain all building sanitary sewer laterals, including, but not limited to, the building drain, building sanitary sewer lateral to the cleanout wye connection or to the city sanitary sewer main as provided below, building cleanout, sidewalk cleanout frame and cover, backflow protection and backflow relief equipment. The property owner shall provide all maintenance of the building sanitary sewer lateral, including the wye connection to a city sanitary sewer main, to ensure unobstructed flow of sewage from the property to the city sanitary sewer main. The property owner shall be responsible for clearing all obstructions in the building sanitary sewer lateral immediately upon discovery or notification by the city. When clearing any obstructions in the building sanitary sewer lateral or performing any maintenance to the building sanitary sewer lateral, the property owner must install a temporary trap downstream of the building sanitary sewer lateral to ensure any rootball, debris or other items dislodged from the sewer lateral do not flush into the city's sanitary sewer system. (b) The city may require property owners to remove roots from private laterals that are growing into lower lateral sewer lines in the sanitary sewer system owned by the city. Where this condition occurs, the city will promptly notify the private property owner. Within thirty days of receiving notification from the city, the private property owner shall remove the roots from the building sanitary sewer lateral, and will make all necessary repairs to the building sanitary sewer lateral to prevent a reoccurrence of root intrusion that reaches the city's lower lateral. (c) Any building sanitary sewer lateral blockage that cannot be mitigated through implementation of reasonable measures by the property owner and /or a licensed professional sanitary sewer cleaning contractor shall be reported to the public works IR department immediately. The property owner shall reimburse the city for all reasonable costs, as determined by the city, incurred by the city relative to any work or services rendered to remove a blockage or repair or otherwise work on a sewer line facility which is the responsibility of the property owner, The city shall only maintain the building sanitary sewer lateral from the cleanout wye, inclusive of the cleanout wye, to the city sanitary sewer main under the following circumstances: (1) A cleanout is provided either in the sidewalk, or within two and one -half feet of the face of curb or edge of pavement where there is no sidewalk, or in a side or rear yard within two and one -half feet of the city main; when the cleanout is located outside of these designated areas, the property owner is responsible for maintaining the building sanitary sewer lateral all the way to the city sanitary sewer main, including the wye connection at the main. The above maintenance responsibilities shall be conducted in full compliance with all applicable requirements contained in this chapter. (2) Prior to the city's acceptance of maintenance responsibility for that portion of a building sanitary sewer lateral from a newly installed cleanout to the main, including the wye connection to the main, the property owner shall be responsible for having this section of lateral inspected internally by a closed circuit television camera and providing these results to the city for review. If the city determines that this section of the lateral is defective and does not meet city's requirements, the property owner shall be required to perform all repairs necessary to bring the condition of the lateral up to city standards. The property owner must obtain an encroachment permit from the city prior to performing any required repairs on the city's right -of -way. The city will accept maintenance responsibility for the section of the lateral from the new cleanout to the main only after hoth the following conditions have been met: (A) the city has issued an encroachment permit for the required repairs in the city's right -of -way; ftftd (B) all repair work is completed to the city's satisfaction; and (C) Inspection is complete and a Certificate of Compliance has been issued. (3) Where a property owner, or tenant in the absence of action by the property owner, refuses to mitigate a condition that causes sewage to leak from the building sanitary sewer lateral after discovery or notification by the city, or if action is not effective, the city has the option to either make the repairs itself or hire a licensed contractor, all at the owner's expense, to mitigate the condition. If payment is not made by the owner, the city may impose a property tax lien to recover all of its costs associated with repairing the leakage. (Ord. 1453 § 1, 2012) 14.14.130 Abatement of Leaks, Breaks, and Improper Sanitary Sewer Conditions (a) All sanitary sewer laterals, cleanouts and /or sanitary sewer appurtenances which are found to contain leaks, breaks, uncapped cleanouts, down spouts or yard drains which discharge into the city's wastewater collection system, and any sources of accidental, negligent or intended introduction of stormwater into the city's wastewater collection system are prohibited and declared to be a violation of this chapter, a*d -5- unless the connection is authorized by the superintendent of the Water Quality Control Plant.- All unauthorized connections shall be abated by the property owner, who is required to remove or correct such ifnpr-ep prohibited sanitary sewer connections. The property owner shall have thirty days from the date of the city's notice of violation to obtain permits and undertake repairs unless public health and safety considerations require earlier action. If the work is not completed within this time frame, the city, at its option, may either make the repairs itself or hire a licensed contractor to mitigate the condition(s) all at the owner's expense. If payment is not made by the owner as required, the city may impose a property tax lien upon the owner of the property to recover all costs associated with mitigating the impr-epe unauthorized sanitary sewer connection. (b) Where a sanitary sewer overflow has occurred in the city's wastewater collection system as a result of a blockage, break or other issue in a building sanitary sewer lateral, the property owner shall obtain permits and repair or replace the building sanitary sewer lateral causing the sanitary sewer overflow within one hundred twenty days, unless: (1) The property owned by the property owner is undergoing an extensive remodel, in which case the repair and /or replacement of the building sanitary sewer lateral shall occur no later than the new occupancy date for the building, or (2) The property owner claims financial hardship, in which case the city may conduct the repair or replacement and may impose a lien on the property to recover costs. (c) If the work is not completed within the time frame required by this section, the city, at its option, may either make the repairs itself or hire a licensed contractor to mitigate the condition all at the owner's expense. If payment is not made by the owner, the city may impose a property tax lien Upon the owner of the proper to recover all casts associated with mitigating the in1prep unauthorized sanitary sewer connection. (Ord. 1453 § 1, 2012) (a) Except as provided in subsection (b) of this section, be f...,ns feffe te, es +e thee- pe ef entity, the property owner must, at his or her own expense, conduct testing and inspection of the building sanitary sewer lateral as required by this chapter in order to obtain a certificate of compliance. A certificate of compliance may be issued by the city if the property owner conducts testing that satisfies Section 14.14.140(b) of this chapter. Any subsequent repair or replacement work deemed necessary as a result of an inspection shall be completed and approved by the city prior to issuance of a certificate of compliance. ar a tF ns f r of title. (b) Exceptions. This section shall not apply. (2) 1 To properties for five years after issuance of a certificate of compliance by the city under this chapter; or (a) 2 To properties for five years after acceptance of a test pursuant to this chapter, if partial or no repairs of the lateral were required and any repairs were completed pursuant to permit and inspection by the city; or (4) 3 For five years after inspection and approval by the city of completed alterations to the lateral, if alterations pursuant to a city permit were made to the location of or connections to the lateral following a test pursuant to this section; or ( -5) 4 To properties that were constructed less than twenty years before the anticipated date of sale; or (6) 5 To properties for twenty years after city acceptance of construction work, provided that replacement of the complete sewer lateral was performed and accepted; or ( -7) 6 If the public works director /city engineer deterinines testing is unnecessary because the piping has less than three joints and the total length does not exceed ten feet. stf k e °d. (Ord. 1453 § 1, 2012) (a) Notwithstanding Section 14.14.160, the -- equirei+ient -to obtain the property owner may request to the public works director, in writing, for a time extension (time extension certificate) of up to one hundred eighty days in which to perform the inspection, and /or repairs or replacement required by this chapter. d! (b) The time extension certificate request shall be submitted to the city with the required fee established by the South San Francisco master fee schedule. (c) As a condition of issuance of a time extension certificate, funds in the amount of seven thousand five hundred dollars are to be posted into an escrow account. Notwithstanding the escrow deposit, property owners are responsible for the full cost of building sanitary sewer lateral compliance with city ordinance requirements, which may exceed the seven thousand five hundred dollars escrow deposit. Once the building sanitary sewer lateral passes the required inspection, and a certificate of compliance is issued by the city, funds will be released in accordance with escrow instructions. (d) In the event that the work required by this chapter is not completed within one hundred eighty days of issuance of the time extension certificate, or the work does not meet the conditions required by this chapter, the escrow funds may be forfeited following a hearing, as appropriate, and the current property owner will be responsible for compliance with the requirements of this chapter. The city will take possession of the forfeited escrow funds and the current property owner must affirmatively demonstrate that building sewer lateral complies with this chapter prior to requesting that the city consider release of the forfeited funds, less the city's costs, which may include costs of abatement. After close of escrow, the current property owner shall be responsible for all costs associated with compliance of this chapter. (Ord. 1453 § 1, 2012) Items to be stricken from the ordinance are shown with a strikethrough and new or added items are shown bold with an underline. Sections highlighted in yellow represent changes required by the Regional Water Board and those highlighted in = are solely recommended by staff. M DATE: July 24, 2013 TO: Honorable Mayor and City Council FROM: Marty Van Duyn, Assistant City Manager SUBJECT: DOWTOWN TASK FORCE FINDINGS AND RECOMMENDATIONS RECOMMENDATION It is recommended that the City Council hear and accept the Downtown Task Force's findings and recommendations and provide direction to staff, BACKGROUND/DISCUSSION Last summer, the City Council formed a Downtown Task Force (DTF) to address homeless and transient issues facing the Downtown. Based upon Council input and direction, the City formed an 11- member Task Force to address the impact of homeless /transient issues on Downtown merchants, residents and visitors. Under the leadership of Mayor Gonzalez, the DTF members held bi- weekly meetings from late August through its latest meeting in mid - December. The following "stakeholder" agencies and organizations participated on the Task Force: City Council - Mayor Pedro Gonzalez City Police Department -- Chief Mike Massoni and Officer Robert Reinoso County Board of Supervisors -- Supervisor Dave Pine & Aide Randy Torrijos South San Francisco Chamber — Maria Martinucci Downtown Merchant — Don Edwards, Bronstein Music San Mateo County Health System — Judy Davila San Mateo County Human Services Agency — Wendy Goldberg Samaritan House — Laura Bent & Tracey Smith InnVision / Shelter Network — Brian Greenberg St. Vincent de Paul — Lorraine Moriarty & Lisa Collins HOTHRA — Thania Morales The Task Force members focused on: • Impact of homeless /transient issues on Downtown merchants, residents & visitors. • Develop a common understanding of how social services are provided, which agencies and organizations offer services, and characteristics of the population being served. • How to improve the living, working and visiting environment in the Downtown. • Reduce the negative impact on Downtown while meeting the needs of homeless /transient clients for shelter and social services. Staff Report Subject: DOWNTOWN TASK FORCE FINDINGS AND RECOMMENDATIONS Page 2 of 3 During the Task Force's final meeting in December, it created five "Focus Groups" to develop specific solutions and road maps. The Focus Groups tackled the access /portal to San Mateo County homeless social services; field crisis team; day programs & food service at Safe Harbor, expansion of Safe Harbor facilities and County -wide data base. Once the Focus Groups completed their work, the Task Force developed the following findings and recommendations for the City Council's consideration. Downtown Task Force — Summary of Final Recommendations Summary of Key Findings: impacts on Downtown & Gaps Identified in Social Service System I. No formalized case management or systematic referrals exist for single, unhoused persons. There are inadequate programs and services for housed persons as well, such as day services and supportive case management. 2. Currently, the Safe Harbor Homeless Shelter waiting list is not meeting the needs of unhoused persons who typically wait several months for a shelter bed to become available. During this waiting period, there is no effective case management Iinking the homeless with a myriad of County services, Veteran benefits, etc. 3. Currently, South San Francisco Police Dept. serves as the "default" social service provider in the downtown, dealing with public inebriates and mental illness issues. Responding to complaints, citing and transporting public inebriates and persons with mental illnesses to hospitals and the County jail places an enormous burden on Police Department staffing and resources. 4. Concentration of services in the Downtown results in loitering, attracts transients without meeting the needs of homeless for a range of services (e.g, links to mental health services, alcohol rehabilitation, Veterans benefits, etc.). Summary of Key Recommendations from Task Force & Focus Group fallow -up 1. On- going, day -to -day case management is the key to linking homeless to housing, financial assistance, job training and placement programs, etc. 2. The County is already working to replace the current Safe Harbor Shelter waiting list, maintained by St. Vincent de Paul. Referrals to available shelter beds throughout the County must go through the County - supported "core' agencies. North Peninsula Neighborhood Services Center serves as the "core" for north County cities and provides referrals to other County services, in addition to housing referrals. St. Vincent de Paul will no longer maintain a shelter waiting list. 3. The "Field Crisis Team" approach has dramatically improved other downtowns including San Mateo and Redwood City. Using this approach, the Police Dept. would generate a list of the top 20 chronic offenders. A locally -based Field Crisis Team would then deliver intensive, focused, day -to -day case management designed to move listed persons off the streets into viable, long -term solutions. The Field Crisis Team will connect the chronically homeless with permanent housing of their own or reunification with family members, as well as placements in alcohol and drug treatment programs, etc. Staff Report Subject: DOWNTOWN TASK FORCE FINDINGS AND RECOMMENDATIONS Page 3 of 3 This Task Force recommendation has already generated action at the County level. Supervisor Dave Pine arranged to include $300,000 in the FY 2013 -14 County budget for a two -year Field Crisis Outreach Team for North County with a special focus on our downtown. If approved by the County Board of Supervisors in September, this funding will create two new full time case managers working to move chronic offenders off the list. 4. Work with Samaritan House /Safe Harbor Shelter and the County to explore the potential for programming and food service during the day for Shelter residents. Providing these services on -site is possible if fielding for additional staff assistance can be provided. Expanding services to non - Shelter residents and visitors is not currently an option due to lease restrictions. 5. Continue to work with willing, innovative partners on the potential for day programming and services outside the core Downtown, including pilot programs to address the need for life skills, job training and access to meals combined with active programming. 6. Develop and enforce stronger behavior standards for the County's TeleCare clients living in the Industrial Hotel and increase the daily use of on -site kitchen facilities /community rooms with the goal of decreasing loitering issues in the Downtown. CONCLUSION The Downtown Task Force completed a comprehensive, focused and solution -driven analysis of issues impacting the Downtown and developed recommendations designed to have both an immediate impact on the Downtown and lay the framework for future improvements. In the short-term, shifting referrals to Safe Harbor Shelter beds from St. Vincent de Paul to the "core" agency and launching a Field Crisis Team this fall should make an immediate and positive impact. The table has been set for longer -term improvements through the on -going partnership of the City, County and social service providers. B- Marty Van Duyn Assistant City Mana er Approved: 4 �• Nagel City Manager 5�R�x SW 0 n y J O c9LIFOR��� taff Re-oort DATE: July 24, 2013 TO: Honorable Mayor and City Council FROM: Public Safety Chief Mike Massoni SUBJECT: REASSIGNMENT OF A POLICE SERGEANT TO THE DRUG ENFORCEMENT ADMINISTRATION TASK FORCE AND ADDITION OF ONE VEHICLE TO THE POLICE DEPARTMENT FLEET. RECOMMENDATION It is recommended that the City Council approve the reassignment of a Police Sergeant with his K -9 partner to the Drug Enforcement Administration Task Force and authorize the addition of one vehicle for this Sergeant's use to the Police Department's fleet. BACKGROUND /DISCUS SION The South San Francisco Police Department has one Police Officer with a K -9 assigned to a Drug Enforcement Administration ( "DEA ") Task Force ( "Task Force "). The Department has had an officer assigned in this position since 2006. This officer works in the DEA's Package Interdiction Unit, where he works with package shipping companies and the airlines to inspect suspicious packages and passengers that come into the San Francisco Bay Area. The primary function of this unit is to stem the flow of narcotics and currency being shipped via this method that is related to the drug trade. This unit will seize any currency they locate and initiate either civil or criminal proceedings against the persons responsible for the currency. The South San Francisco Police Department receives a percentage of these seized monies once the related civil or criminal cases have been adjudicated. The current officer in this position replaced the previous officer who had been assigned since the position's inception, after that officer was promoted to Police Sergeant. The DEA has requested this Police Sergeant, Martin Mahon, be assigned back to the Task Force to supervise a newly created unit at the DEA Oakland Resident Office. This would be in addition to the one officer who is currently assigned to the DEA. The DEA Oakland Resident Office is seeking to increase their financial and drug seizures. In turn, the South San Francisco Police Department would receive additional asset forfeiture money. The following would occur if Sergeant Mahon is reassigned to this Task Force: Sergeant Mahon would be assigned to a DEA enforcement group, where he would investigate drug trafficking organizations for Federal prosecution in the San Francisco East Bay as well as in South San Francisco. Staff Report Subject: REASSIGNMENT OF A SERGEANT TO THE DEA TASK FORCE AND ADDITION OF ONE VEHICLE TO THE POLICE DEPARTMENT FLEET. Page 2 • Sergeant Mahon would provide assistance to other DEA groups in Oakland with drug and money seizures, as they do not have a K9. • Sergeant Mahon would establish and supervise a DEA team to work at United Parcel Services (UPS) and Federal Express (FedEx) in South San Francisco and the East Bay, as well as hotels and commercial shipping companies in South San Francisco, to seize drugs and drug money. • Sergeant Mahon will assist the South San Francisco Police Department with drug investigation cases involving drug dealers, criminal street gangs and human trafficking organizations in an attempt to seize their illicit money and to prosecute them in Federal Courts. • South San Francisco Police Department would receive 40% of all assets seized. • Sergeant Mahon would assist the United States Postal Inspectors and Homeland Security Investigations in San Mateo County with asset forfeiture cases, resulting in further seizures. • DEA will pay up to $17,000.00 for Sergeant Mahon's overtime. • DEA will pay for Sergeant Mahon's training and the training of his K9 partner, as well as all K9 expenses, including veterinary bills and food. • DEA will pay for the outfitting of an unmarked K9 vehicle, such as a K9 transportation insert, emergency lighting and lock box and any other equipment needed. • Sergeant Mahon will continue to supervise and train the South San Francisco Police Department K9 Unit. The South San Francisco Police Department has made a number of purchases with the funds that were previously received from the DEA Task Force. Examples include Tasers and new weapons for all officers. The funds have also made up the difference from grant funding for video equipment in patrol vehicles and upgrades in the Evidence Room storage to increase efficiency. These additional funds could be used to finance further improvements in the Evidence Room as well as improvements in the Report Writing Room in the Police Department Main Station. Additionally, the Police Department would acquire a new vehicle to our existing fleet. This vehicle would be assigned to the Sergeant for use in this position. FUNDING The vehicle will be purchased with seizure funds and all the needed equipment for the vehicle will be funded by the Drug Enforcement Administration. The South San Francisco Police Department will absorb the additional costs of maintenance for this vehicle in our existing budget. The cost for fuel and bridge tolls will be paid out of the seizure funds. Staff Report Subject: REASSIGNMENT OF A SERGEANT TO THE DEA TASK FORCE AND ADDITION OF ONE VEHICLE TO THE POLICE DEPARTMENT FLEET. Page 3 CONCLUSION It is recommended that the City Council approve the addition of one vehicle to the fleet of the South San Francisco Police Department for use by the Sergeant who will be assigned to the DEA Task Force. This assignment will also allow the South San Francisco Police Department to continue to foster the excellent relationships we have developed with our Federal partners in law enforcement. By: Michael Massoni Chief of Police Approve Barry Nagel City Manager DATE: July 24, 2013 TO: Honorable Mayor and City Council FROM: Terry White, Director of Public Works SUBJECT: A RESOLUTION AWARDING THE CONSTRUCTION CONTRACT TO MCK SERVICES, INC. OF MARTINEZ, CALIFORNIA FOR THE 2013 STREET REHABILITATION PROJECT IN AN AMOUNT NOT TO EXCEED $1,268,266.30 RECOMMENDATION It is recommended that the City Council adopt a resolution awarding the construction contract to MCK Services, Inc. of Martinez, California, for the 2013 Street Rehabilitation Project (Project No. st1201) in an amount not to exceed $1,268,266.30. BACKGROUND/DISCUSSION The 2013 Street Rehabilitation Project will repave approximately 3.0 miles of City streets in the Country Club and Brentwood neighborhood as shown on the attached map (Exhibit A) using a conventional paving method. The work includes grinding and removal of existing asphalt concrete, repairing and repaving with new asphalt concrete and installation of sidewalk curb ramps. Pavement grid will be used on selected street to prevent reflective cracking from the subgrade. Staff advertised a Notice Inviting Bids for the project on June 8, 2013 and June 13, 2013. On July 2, 2013, staff received six (6) valid bids in response. The lowest responsible bidder was MCK Services, Inc. of Martinez, California. Staff has verified the low bidder's current contractor's license with the California State Licensing Board and found it to be in good standing and also contacted references for related projects provided by the contractor. The following is a summary of all bids received included all bid schedules: Engineer's Estimate $1,180,150.00 MCK Services, Inc of Martinez, CA $1,268,266.30 O'Grady Paving, Inc, of Mountain View, CA $1,308,712.00 Synergy Project Management, Inc. of San Francisco, CA $1,318,405.00 Interstate Grading and Paving, Inc. of South San Francisco, CA $1,372,519.00 Pavex Construction of San Jose, CA $1,378,586.50 G. Bortolotto & Company, Inc. of San Carlos, CA Invalid Bid Staff Report Subject: A RESOLUTION AWARDING THE CONSTRUCTION CONTRACT TO MCK SERVICES, INC OF MARTINEZ, CALIFORNIA FOR THE 2013 STREET REHABILITATION PROJECT IN AN AMOUNT NOT TO EXCEED $1,268,266.30 Page 2 of 2 Shown below is the proposed project cost: MCK Services, Inc. of Concord, CA $1,268,266.30 Construction Contingency (10 %) $ 126,826.00 Construction Administration (5 %) $ 63,413.00 Material Testing $ 10,000.00 Total Proposed Project Cost $1,468,50530 Staff analyzed the bids to determine why the MCK Services, Inc. bid was lower than the other bids. MCK Services, Inc. provided competitive prices for several bid items such as curb ramps, asphalt grinding and asphalt overlay. In addition to the competitive prices, cities are experiencing favorable bidding climates for many statewide public works jobs. There are no Disadvantaged Business Enterprise (DBE) requirements on this construction contract. FUNDING This project is funded by $502,000 in SLPP (State -Local Partnership Program) grant fund and Measure A. Funds are available in the approved City of South San Francisco's 2013 -2014 Capital Improvement Program (CIPIst1201). CONCLUSION Awarding the construction contract to MCK Services, Inc. of Martinez, California, for the 2013 Street Rehabilitation Project allows for resurfacing of the above 3.0 miles of City streets. The project will increase the service life of the streets, reduce major street maintenance for an extended period of time, and provide better drivability to the public. By:/ Terry White Director of Public Works Attachment: Resolution Project Location Map (Exhibit A) Approved: r� Barry M. Nagel City Manager RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AWARDING THE CONSTRUCTION CONTRACT TO MCK SERVICES, INC. OF MARTINEZ, CALIFORNIA FOR THE 2013 STREET REHABILITATION PROJECT IN AN AMOUNT NOT TO EXCEED $1,268,266.30 WHEREAS, City of South San Francisco ( "City ") staff issued a Notice Inviting Bids for the 2013 Street Rehabilitation Project ( "Project ") and on July 2, 2013, received six (6) bids in response; and WHEREAS, MCK Services, Inc. of Martinez, California, was the lowest responsible bidder; and WHEREAS, staff recommends awarding the construction contract MCK Services, Inc. ( "MCK ") of Martinez, California, in an amount not to exceed $1,268,266.30; and WHEREAS, the Project is included in the City of South San Francisco's 2013- 2014 Capital Improvement Program ( "CIP ") and sufficient funds have been allocated to cover the Project cost; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby awards the construction contract for the 2013 Street Rehabilitation Project to MCK Services, Inc. of Martinez, California, in an amount not to exceed $1,268,266.30 conditioned on MCK's timely execution of the Project contract and submission of all required documents, including but not limited to, certificates of insurance and endorsements, in accordance with the Project documents. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the Finance Department to establish the Project Budget consistent with the information contained in the staff report. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the documents on behalf of the City upon timely submission by MCK Services, Inc.'s signed contract and all other documents, subject to approval by the City Attorney. 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 2013 by the following vote: -1- AYES: NOES: ABSTAIN: ABSENT: ATTEST: -2- City Clerk CITY OF SOUTH SAN FRANCISCO SAN MATEO COUNTY, CALIFORNIA PROJECT PLANS FOR FOR THE CONSTRUCTION OF 2013 STREET REHABILITATION PROJECT ENGINEERING FILE NO ST -13 -01 PROJECT NO 510-99999-ST1 201 9 BID 2541 4I c. �} ©gyp ,• ;' ',•' C� {( 2© umm - - -- = EXHIBIT A -3- DATE: July 24, 2013 TO: Honorable Mayor and City Council FROM: Terry White, Director of Public Works SUBJECT: A RESOLUTION AWARDING THE CONSTRUCTION CONTRACT TO INTERSTATE GRADING & PAVING, INC. OF SOUTH SAN FRANCISCO, CALIFORNIA FOR THE FORBES BOULEVARD BIKE LANE IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $3,179,350.40 AND REJECTING ALL BID PROTESTS RECOMMENDATION It is recommended that the City Council adopt a resolution awarding the construction contract to Interstate Grading & Paving, Inc. of South San Francisco, California, for the Forbes Boulevard Bike Lane Improvements Project (Project No. st1306) in an amount not to exceed 53,179,350.40 and rejecting all bid protests. BACKGROUND/DISCUSSION On November 14, 2012, City Council approved Genentech's Master Plan Urban Design Improvement and executed a Funding Agreement for Public Improvements for the Forbes Boulevard Bike Lane Improvements Project ( "Project "). On January 23, 2013, City Council amended the Capital Improvement Program to include the Project and appropriate $6,000,000 to the project budget. The Project will construct new bike lanes and install new street lighting, landscaping, irrigation and storm drainage facilities along Forbes Boulevard from Allerton Avenue to DNA Way. Staff advertised a Notice Inviting Bids for the project on June 5, 2013 and June 12,2013. On July 2, 2013, staff received five (5) valid bids in response. The lowest responsible bidder was Interstate Paving & Grading, Inc. of South San Francisco, California. Staff has verified the low bidder's current contractor's license with the California State Licensing Board and found it to be in good standing and also contacted references for related projects provided by the contractor. The following is a summary of all bids received: Engineer's Estimate $4,000,000.00 Interstate Grading & Paving, Inc. of South San Francisco, CA $3,179,350.40 Synergy Project Management, Inc. of San Francisco, CA $3,461,654.92. Granite Rock Company dba Pavex Construction of San Jose, CA $3,568,152.90 O.C. Jones Paving, Inc. of Berkeley, CA $3,789,298.90 O'Grady Paving, Inc. of Mountain View, CA $3,819,148.20 Staff Report Subject: A RESOLUTION AWARDING THE CONSTRUCTION CONTRACT TO INTERSTATE GRADING & PAVING, INC. OF SOUTH SAN FRANCISCO, CALIFORNIA FOR THE FORBES BOULEVARD BIKE LANE IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $3,179,350.40 AND REJECTING ALL BID PROTESTS Page 2 of 3 Shown below is the proposed project cost: Interstate Grading & Paving, Inc. of South San Francisco, CA $3,179,350.40 Construction Contingency (15 %) $ 476,900.00 Construction Administration (10 %) $ 317,900.00 Special Materials Testing /Inspection $ 50,000.00 Total Project Construction Cost $4,024,150.40 On July 9, 2013, Synergy Project Management, Inc. submitted a letter (see Attachment "A ") of protest and concern regarding the apparent lowest bidder, Interstate Grading & Paving, Inc. They claimed that Interstate Grading & Paving's subcontractor has a cancelled California Contractor's License. However, staff verified that the subcontractor is in possession of a valid California Contractor's License at the time of bid opening. Staff drafted a response (see Attachment "B ") and determined that the apparent low bidder's bid is indeed responsive and rejects the bid protest. Staff analyzed the bids to determine why the bids were lower than the Engineer's Estimate. Interstate Grading & Paving provided competitive prices for several bid items such as traffic control, demolition, excavation and pavement section repairs. In addition to the competitive prices, multiple contractor bids with the favorable bidding climate produced bids that were lower than the Engineer's Estimate. There are no Disadvantaged Business Enterprise (DBE) requirements on this project as it is privately funded. FUNDING At their January 23, 2013 meeting, the City Council accepted funds in the amount of $6,000,000 from Genentech to fund all costs of the project, which is included in the City of South San Francisco's 2013 -2014 Capital Improvement Program (CIP /stl306). There is no impact to the General Fund. CONCLUSION Awarding the construction contract to Interstate Grading & Paving, Inc. of South San Francisco, California, for the Forbes Boulevard Bike Lane Improvement Project allows the construction of bike lanes along Forbes Boulevard from Allerton Avenue to DNA Way. In addition, new landscaping, irrigation and widened median will be constructed to enhance the public right -of -way and Genentech's campus entry. Staff Report Subject: A RESOLUTION AWARDING THE CONSTRUCTION CONTRACT TO INTERSTATE GRADING & PAVING, INC. OF SOUTH SAN FRANCISCO, CALIFORNIA FOR THE FORBES BOULEVARD BIKE LANE IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $3,179,350.40 AND REJECTING ALL BID PROTESTS Page 3 of 3 � yy By: �J Terry White Director of Pub is Works Attachment: Resolution 2111243.1 Approved: + any Nagel City Manager Bid Protest Letter (Attachment "A ") Bid Protest Response (Attachment "B ") RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AWARDING THE CONSTRUCTION CONTRACT TO INTERSTATE GRADING & PAVING, INC. OF SOUTH SAN FRANCISCO, CALIFORNIA FOR THE FORBES BOULEVARD BIDE LANE IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $3,179,350.40 AND REJECTING ALL BID PROTESTS WHEREAS, City of South San Francisco ( "City ") staff issued a Notice Inviting Bids for the Forbes Boulevard Bike Lane Improvements Project ( "Project") and on July 2, 2013, received five (5) bids in response; and WHEREAS, Interstate Grading & Paving, Inc. of South San Francisco, California, was the lowest responsible bidder; and WHEREAS, staff recommends awarding the construction contract to Interstate Grading & Paving, Inc. ( "IGP ") of South San Francisco, California, in an amount not to exceed $3,179,350.40, and rejecting the bid protest from Synergy Project Management, Inc.; and WHEREAS, the Project is included in the City of South San Francisco's 2013- 2014 Capital Improvement Program ( "CIP ") and all costs will be funded by Genentech; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby awards the construction contract for the Forbes Boulevard Bike Lane Improvements Project to Interstate Grading & Paving, Inc. of South San Francisco, California, in an amount not to exceed $3,179,350.40 conditioned on IGP's timely execution of the Project contract and submission of all required documents, including but not limited to, certificates of insurance and endorsements, in accordance with the Project documents. BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that the City Council hereby rejects all bid protests. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the Finance Department to establish the Project Budget consistent with the information contained in the staff report. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the documents on behalf of the City upon timely submission by Interstate -1- Grading & Paving, Inc.'s signed contract and all other documents, subject to approval by the City Attomey. 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 2013 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: -2- City Clerk ATTACHMENT A 0 PROJECT MANAGEMENT, INC. july 9th, 2013 City of South San Francisco Engineering Public Works Contract Administration 315 Maple Ave. South San Francisco, CA 94080 Interstate Grading & Paving 128 South Maple Ave. South San Francisco, CA 94080 150 Executive Park Blvd., Suite 4100 Sari Francisco, CA 94134 Tel: (4151467 -3000 Fax : (415)467 -3W1 www.synergypm.com Re: Contract # 2547 — Forbes Boulevard Bike Lane Improvements [sear Contract Administration, This letter constitutes Synergy Project Management, Inc.'s written protest of Interstate Grading & Paving Inc.'s bid submitted on July 2 "d, 2013 for City of South San Francisco Contract #: 2547 Forbes Boulevard Bike Lane Improvements. Pursuant to the City of South San Francisco SP, section 2 (SP -13 Contract #2547), "The criteria which will be used to determine the lowest responsive and responsible bidder are as follows: Ij Responsive Bidder: Means a Bidder who has submitted a Bid which conforms in all material respects to the Bidding Documents." Information submitted in a bidder's proposal should adhere to bidder instructions and contain valid information. In our assessment of Interstate Grading & Paving Inc.'s proposal, we've concluded that a subcontractor, Telfer Oil Company, was listed underthe "Designation of Subcontractors" proposal form with a "cancelled" California Contractor's license #776749. Synergy Project Management Inc, asks that the City of South San Francisco reviews the error mentioned above as grounds for a non - responsive proposal submitted by Interstate Grading & Paving, Inc. and that Synergy Project Management, Inc. be found as the lowest responsive bidder. Sincerely*1ce ctio n Phone: (415)467 -3000 -3- FAX: (415) 467 -3001 ATTACHMENT A lbchecka_ x LE [ausrOud. dGlmdsrDa.. *;�SFUsDPurr_ AWC1*ars -0., 1,w c -b- -O_ r N clasp cd Ol9 urueu dj -. lhefied Cat Phachas ng &r https. .s. '.cs . p, F,.° QnlfneServxe s:Checl3uensdiitfrenseDetarf .asps .icR3um�7ra'r -59 - A Most Visited i „Gdhng Started a Amaaoncam -Online .tj HP SeeWW9Hat jWHPGimet ' polymer oil pnang in DEPARTMENT OF CONSUMER AFFAIRS .GoV . Contractors State License Board a 0c.a�e,� a Dniine Semc,g icense Ontall f a mail aktrU Contractor's License Detail - Lkense # 775749 QUICK FLITS I& BISCLA AER: A bcense � t�LBBasftFads status check provides Information taken from the CSLB 6Cepse database. Before r n on thfa intomration, you should be aware Of the ra g $ €taauelayAat6d fltila9ti0ns CSLB compiaird disdosure is reshided by isw (13&P 7124.8) 91his enbtyjs subjeclto pukk eomplalni disclosure, a Nnkfor complaint dlscfosure will appear below. floc i Forms and Apjb=005 Per B&P 7 871.17. only constmtiton related duke judgments reported m the CSLB are disclosed • Gwdes ark Pam"ttts a PSLS Laws and Ragula bons ArbWoons are not 93WO unless the conlrapOrt ifle to Comply wirh the terms of the orbWaban. -s lust otAfi CSL8 Foes DUO to workraad there may be nd8"nt infarmadan maQ has not yst been entered 0nkl the Boards bcense -0 How toPaitaAde dalab age. Lkxnse0umber 776749 7E FER Ott COW'ANY COatacf US CenfradM Salle s»tnae 4aaK 00t0hnas lntormatbn OweKSa Pa4nt Nertatr. (s75S 22E -7515 tatr a+.svu PanrOay. p0 BOX 700 saorrrearrlo, C. #6W Yhwf* MW)72t-GSLa MARrrIEZ CA 94W € Padntnhp bsue Data 03rfOMD Expire Oete 01AWWO13 Lken” sbdrrs CA14CELED This Irene Is Canceled and nw eNe to contact ClassMtaOOns A GENERAL ENGtNEER1NC rONTCLar,.TQR 051 WATERPEQURNS This license fled a CadraCors Bond *in i AN 0%80 COMPANY iNG PENNMY6yl& Harding Bond Number 029119782 aald A.mmmt: SIZ50O Effective 0ate:0110V2007 Canbaefars Bond digary MVIUXIVA This lcenSO k" W01199M GOmpa11530111 Insurance wlh �� _ _� _. - — _ � _ �__ .,. NATIMlaI I WrnN Fru6JhLS {rRANC:F f'.f]IlPahrvflCar'rnaoironu oa -4- July 12, 2013 ATTACHMENT B CITY COUNCIL 2013 OFFICE OF PF,DRO GONZALEZ, MAYOR THE CITY ENGIIVEZ-R KARYL MATSUMOTO, MAYOR PRO TT +M MARK ADDYEGO, COUNCII.IN1[±WER PHONE (650) 824 -6652 RICHARD A. GARBARINO, COUNCI1.M3IABFR PRADEEP GU1y A, PFLD., COUNCIIMFMBER FAX (450) 824 -5689 BARRY M. NAGEI., CITY MANAGER VIA FAX AND US MAIL Manuel Arce, Director of Construction Synergy Project Management, Inc. 150 Executive Park Blvd., Suite 4100 San Francisco, CA 94134 Re: Response to Bid Protest for Forbes Boulevard Bike Lane Improvements Project, Project No. st1306, Bid No. 2547 Dear Mr. Arce: Thank you for your letter dated July 9, 2013. This letter is sent on behalf of the City of South San Francisco ( "City ") in response to your correspondence regarding a bid protest by Synergy Project Management, Inc. ( "Synergy ") on the Forbes Boulevard Bike Lane Improvements Project, Project No. st1306, Bid No. 2547 ( "Project "). In your letter, you contend that the lowest apparent bidder, Interstate Grading and Paving, Inc. submitted a non- responsive bid because a listed subcontractor, Telfer Oil Company ( "Telfer ") did not have an active contractor's license. We have carefully reviewed your bid protest and consulted with our City Attorney's office. Upon review, we have determined that the apparent low bidder's bid is responsive and hereby reject your bid protest. Telfer possesses a valid Class A California Contractor's license, as well as a valid Class D51 California Contractor's license, which permits Telfer to perform any the subcontractor work required by the Project. Further, while we do not agree that there is a bid irregularity here, to the extent that it may exist, public entities have some discretion in interpreting and enforcing their bidding rules, including the right to waive inconsequential bid irregularities. The court in McM Construction, Inc. v. City and County of San Francisco ( "McM") (1998) 66 Cal.AppAth 359 at 369 held that the rule of strict compliance with bidding requirements does not preclude a contracting entity from waiving inconsequential deviations, providing: ". , . Mhe deviation must be capable of facilitating corruption or extravagance, or likely to affect the amount of bids ..." Id. at 370. This affirms the court's analysis two years earlier in Ghilotti Construction Co. v. City of Richmond (1996), 45 Cal.App.4th 897, 209: -5- ADDRESS: 315 MAPLE AVFNUE, SOUTH SAN FRANCISCO, CA 94080 MAILING: P_O. SOX 711, SOU M SAN FRANCISCO, CA 94083 Synergy Project Management July 12, 2013 ATTACHMENT B Page 2 [f]t is finther well established that a bid which substantially conforms to a call for bids may, though it is not strictly responsive, be accepted if the variance cannot have affected the amount of the bid or given a bidder an advantage or benefit not allowed other bidders or, in other words, if the variance is inconsequential. Finally, staff has taken your bid and bid protest seriously. The City is committed to providing all bidders a fair opportunity to bid on and be awarded its numerous projects. It is in the City's best interest to have a robust bidding environment. To that end, staff has worked and continues to work diligently towards making sure all bids are handled consistently and fairly. Please contact me if you have any questions. Very Truly Yours, Sam Bautista Principal Engineer City of South San Francisco 2107819,1 cc: Terry White, Public Works Director Jason Rosenberg, Assistant City Attorney Brian McMinn, Asst. Public Works Director /City Engineer In