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HomeMy WebLinkAbout2004-04-14 e-packetSPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 Meeting to be held at: MUNICIPAL SERVICES BUILDING CITY COUNCIL COMMUNITY ROOM 33 ARROYO DRIVE APRIL 14, 2004 6:20 P.M. NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 14t~ day of April, 2004, at 6:20 p.m., in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Call to Order 2. Roll Call 3. Public Comments - comments are limited to items on the Special Meeting Agenda Interview applicants for Conference Center Authority Discussion and appointments to Conference Center Authority Adj ournm ent "City/(21erk Staff Report SP. AGENDA ITEM #4 DATE April 14, 2004 TO Honorable Mayor and City Council FROM Conference Center Executive Director RE South San Francisco Conference Center Authority Interviews/Appointments for Three South San Francisco Business Representative or Resident Positions RECOMMENDATION It is recommended that the City Council interview the four Conference Center Authority applicants and subsequently appoint successful applicants to the Authority's three South San Francisco business community or residents positions. BACKGROUND/DISCUSSION Three Conference Center Authority members' terms expired on March 27, 2004. All three of the members have reapplied to serve another term. In addition, a there is a fourth applicant. The terms are three years and will expire March 27, 2007. There are no term limits. Those appointed to the positions in this category are required to either be a South San Francisco business representative or resident. I have listed the applicants and whether they are business representatives or residents. Steve Dworetzky Dick Noftsger Olympia Razzouq Dennis Rosaia South San Francisco Resident South San Francisco Business Representative and Resident South San Francisco Business Representative South San Francisco Resident The positions were advertised for one month at the following locations: South San Francisco Conference Center, City Hall, City Hall Annex, Municipal Services Building, West Orange and Grand Avenue Library, and at the Chamber of Commerce. In addition, the Chamber of Commerce faxed this advertisement to all of its members in mid-March. et me know if I may provide you with additional information. Enclosures: Four Applications Advertisement AGENDA REDEVELOPMENT AGENCY CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM APRIL 14, 2004 7:00 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Agency business, we proceed as follows: The regular meetings of the Redevelopment Agency are held on the second and fourth Wednesday of each month at 7:00 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the Board on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Community Room and submit it to the Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents Redevelopment Agency from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address for the Minutes. COMMENTS ARE GENERALLY LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation. The Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Board action. RAYMOND L. GREEN Vice Chair RICHARD A. GARBARINO, SR. Boardmember RICHARD BATTAGLIA Investment Officer MICHAEL A. WILSON Executive Director KARYL MATSUMOTO Chair JOSEPH A. FERNEKES Boardmember PEDRO GONZALEZ Boardmember SYLVIA M. PAYNE Clerk STEVEN T. MATTAS Counsel PLEASE TURN OFF CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT IS AVAILABLE FOR USE BY THE HEARING-IMPAIRED AT REDEVELOPMENT AGENCY MEETINGS CALL TO ORDER ROLL CALL AGENDA REVIEW PUBLIC COMMENTS CONSENT CALENDAR 1. Motion to approve the minutes of March 24, 2004 2. Motion to confirm expense claims of April 14, 2004 3. Resolution authorizing the execution of a purchase and sale agreement for property located at 312 Miller Avenue in the amount not to exceed $715,000 ADMINISTRATIVE BUSINESS 4. Resolution approving a revised purchase and sale agreement with Three Sisters Ranch Enterprises, LLC, related to the property located at 480 North Canal Street CLOSED SESSION 5. Pursuant to Government Code Section 54956.8 real property negotiations related to 820 Tennis Drive, 480 North Canal Street, 80 Chestnut Avenue (California Water Service) and SF-PUC property located on Mission Road (APNs: 093-312-050/060); Agency Negotiator: Redevelopment Agency Assistant Director Van Duyn ADJOURNMENT REGULAR REDEVELOPMENT AGENCY MEETING APRIL 14, 2004 AGENDA PAGE 2 Redevelopment Agency Staff Re]vort RDA AGENDA ITEM #3 DATE: TO: FROM: SUBJECT: April 14, 2004 Redevelopment Agency Board Marty Van Duyn, Assistant Executive Director RESOLUTION AUTHORIZING EXECUTIVE DIRECTOR TO EXECUTE PURCHASE AND SALE AGREEMENT FOR PROPERTY LOCATED AT 312 MILLER AVENUE. RECOMMENDATION: It is recommended that the Redevelopment Agency Board adopt the attached Resolution authorizing the Executive Director to execute a Purchase and Sale Agreement for property located at 312 Miller Avenue. BACKGROUND/DISCUSSION: The owner of the property located at 310 and 312 Miller Avenue informed staff of his plans to put the property on the market during recent discussions regarding a City rehabilitation loan re-payment. The property consists of two parcels, one with three residential units and the other with four residential units, for a total of seven units. The parcels have the main house facing Miller Avenue and other units facing Tamarack Lane. Each of the units is a one bedroom, with a kitchen, breakfast area, living room and bathroom. The owner had secured a rental rehabilitation loan from the City twenty years ago to undertake repairs to the units. That loan in the amount of $43,592 was paid in full last year. The owner had considered undertaking additional repairs to the units but discussions with staff led him to consider selling the property to the Agency. An appraisal of the property was completed in December and estimated the market value of the parcels to be as follows: 310 Miller Avenue - consists of three, one bedroom units. That is, the main house with an attached unit at the rear, and a separate unit facing Tamarack Lane, above the garage. The appraised value is $589,000. Staff Report To: Subject: Date: Page 2 Redevelopment Agency Board Purchase and Sale Agreement 312 Miller Avenue April 14, 2004 312 Miller Avenue - consists of four, one bedroom units. That is, the main house with an attached unit at the rear, and a separate duplex facing Tamarack Lane. The appraised value is $715,000. All of the units, although small, are in relatively good condition and without significant code deficiencies. The grounds are well maintained and the units need minimal rehabilitation to repair kitchen cabinets and replacement of a couple of bedroom windows to meet new building codes. All of the units are currently occupied by low and moderate income families, many of whom have lived there for up to twenty years. The owner has maintained the rents relatively affordable, ranging from $800 to $1,000 per month. Therefore, these units qualify as historically affordable. Staff is concerned that if the property were to be sold on the market, the continued affordability of these units would be in jeopardy. Whereas, if the Agency acquires the units, they would be permanently affordable and the Agency could count seven units of production credit, toward its ABAG housing obligations, because they would be deed restricted in perpetuity. The units, located close to the comer of Miller and Linden Avenues, are close to shopping, transportation lines, and major city services. The Agency could retain the units and continue renting to the existing tenants or in the future, if additional land is acquired, new housing units could be developed in conjunction with a new parking lot and/or commercial development at the comer of Miller and Linden Avenues. CONCLUSION: The combined price for both parcels is $1,304,000. The average cost per unit is $186,285 which is considered to be a very reasonable price per unit. The new development sponsored by the Agency at Chestnut Creek cost $185,000 per unit (2001 dollars) and the proposed units for the County-owned site are estimated to cost $314,000 per unit (2006 dollars). The latter includes the cost for structure parking underneath the units which raises the per unit cost significantly. Funds are currently available in the Agency housing fund and it is believed that the Agency would not be able to build seven units at this cost today, given market conditions. With minimal rehabilitation costs, the Miller Avenue units could be maintained as safe and well cared for family housing, that would be permanently affordable. Taking this property off the speculative market is an important factor in considering this acquisition. On February 25, 2004, the Agency authorized the acquisition and has executed a Purchase and Sale Agreement for 310 Miller Avenue which is in escrow at this time. The parcel at 312 Miller Staff Report To: Subject: Date: Redevelopment Agency Board Purchase and Sale Agreement 312 Miller Avenue April 14, 2004 Page 3 Avenue is brought under a separate Purchase and Sale Agreement because the owner would like to make this second parcel a 1031 exchange, providing a tax shelter under the internal revenue code, to facilitate his investment in another property. The Agency has a standard Purchase and Sale Agreement prepared by legal counsel and that document is attached for Agency Board Member review. The City Council Housing Subcommittee reviewed this item at their meeting of February 10, 2004, and recommend to the Agency Board that staff be directed to pursue these acquisitions. It is proposed that the Agency Board adopt the attached Resolution authorizing the Executive Director to execute the Purchase and Sale Agreement and open a longer term escrow for the acquisition of 312 Miller Avenue, and to facilitate the owner's 1031 exchange. The attached resolution authorizes the Purchase and Sale Agreement for 312 Miller Avenue at a purchase price not to exceed Seven Hundred and Fifteen Thousand Dollars ($715,000). Marty Van Duyn Assistant Executive Dire~ Michael A. Wilson Executive Director Attachments: Resolution Purchase and Sale Agreement Metro Scan Parcel Map Property Photograph RESOLUTION NO. REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE PURCHASE AND SALE AGREEMENT FOR PROPERTY LOCATED AT 312 MILLER AVENUE IN AN AMOUNT NOT TO F~XCEED $715,000 WHEREAS, staff recommends that the Redevelopment Agency authorize the Purchase and Sale Agreement for acquisition of the property located at 312 Miller Avenue in an mount not to exceed $715,000. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of South San Francisco that the Redevelopment Agency hereby authorizes the Purchase and Sale Agreement for property located at 312 Miller Avenue. A copy of the agreement is attached as Exhibit A. BE IT, FURTHER RESOLVED that the Executive Director is hereby authorized to execute the agreement on behalf of the Redevelopment Agency of the City of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Redevelopment Agency of the City of South San Francisco at a regular meeting held on the __day of ,2004 the following vote: AYES: NOES: ABSTAIN: ABSENT: S :\Current Reso's\4-14purcahse&sale.miller.doc ATTEST: Clerk PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is entered into effective as of April 14, 2004, (the date upon which this Agreement was approved by Buyer's Board, and hereinafter referred to as the "Effective Date") by and between William R. Cornejo (hereinafter collectively referred to as "Seller") and the South San Francisco Redevelopment Agency, a public body, corporate and politic ("Buyer"). Seller and Buyer are hereinafter referred to as the "Parties." WHEREAS, Seller is the owner of that certain real property in San Mateo County, California, known as APN 012-311-240, located at 312 Miller Avenue in the City of South San Francisco, and more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, in accordance with the terms and conditions contained herein, Buyer desires to purchase, and Seller desires to sell, the Property together with all improvements located thereon and all easements, hereditaments, and appurtenances belonging to or inuring to the benefit of Seller and pertaining to the Property (all of the foregoing collectively hereinafter, the "Property"); WHEREAS, Buyer is a redevelopment agency existing pursuant to the Community Redevelopment Law, California Health and Safety Code Section 33000, et seq., and pursuant to the authority granted thereunder, Buyer has the responsibility to carry out the Redevelopment Plan for the Downtown Central Redevelopment Project Area ("Redevelopment Plan"); and WHEREAS, the Property is located in an area governed by the Redevelopment Plan, and the purchase of the Property as provided for in this Agreement is consistent with and furthers the goals and objectives of the Redevelopment Plan. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows. 1. Agreement to Sell and Purchase. Seller agrees to sell and Buyer agrees to purchase the Property subject to the terms and conditions of this Agreement. 602888-4 2. Purchase Price. The purchase price for the Property shall be Seven Hundred Fifteen Thousand Dollars ($715,000) ("Purchase Price"). 3. Conveyance of Title. At the close of escrow, Seller shall convey by grant deed to Buyer marketable fee simple title to the Property, fi'ce and clear of all recorded and unrecorded liens, encumbrances, assessments, leases and taxes except: (a) the provisions and effect of the Redevelopment Plan; (b) taxes for the fiscal year in which the escrow for this transaction closes, which shall be 000001 prorated as of the close of escrow and handled in accordance with Section 4986 of the California Revenue and Taxation Code; and (c) such other conditions, liens, encumbrances, restrictions and exceptions as may be approved in writing by Buyer ("Permitted Exceptions"). 4. Escrow: Escrow Instructions. Within five (5) business days following the Effective Date, the Parties shall open an escrow to consummate the purchase and sale of the Property pursuant to this Agreement at the office of Commonwealth Land Title Company located at 200 Broadway, Millbrae, California ("Title Company" or "Escrow Agent") or such other title company as may be mutually agreed upon by the Parties. Upon the opening of escrow, the Parties shall deposit with the Escrow Agent an executed copy of this Agreement, which shall serve as the joint escrow instructions of Buyer and Seller for this transaction, together with such additional instructions as may be executed by the Parties and delivered to the Escrow Agent. 5. Earnest Money Del~osit. Upon the opening of escrow and in no event later than seven (7) business days after the Effective Date, Buyer shall deposit the sum of Five Thousand Dollars ($5,000) "Earnest Money Deposit") into escrow in an interest bearing account for the benefit of Buyer. The Earnest Money Deposit, and all interest earned thereon, shall be applied to the Purchase Price at the close of escrow. All amounts deposited by the Parties with the Escrow Agent, including the Earnest Money Deposit, shall be held in escrow in an interest-bearing account. 6. Title Documents. Within seven (7) days following the opening of escrow, Seller shall deliver or cause to be delivered to Buyer a preliminary title report ("Preliminary Report") on the Property issued by the Title Company, setting forth all liens, encumbrances, easements, restrictions, conditions, pending litigation, judgments, administrative proceedings, and other matters of record affecting Seller's title to the Property, together with copies of all documents relating to exceptions listed in the Preliminary Report ("Title Exceptions") and complete and legible copies of all instruments referred to therein, as requested by Buyer. Buyer shall approve or disapprove each Title Exception within fourteen (14 days following Buyer's receipt of the Preliminary Report. Buyer's failure to object within such period shall be deemed to be a disapproval of the Title Exceptions. If Buyer objects or is deemed to have disapproved any Title Exception, Seller shall use its best efforts at Seller's sole expense to remove from title or otherwise satisfy each such exception no later than fourteen (14) days prior to the close of escrow and in a form that is reasonably satisfactory to Buyer. If Seller fails to remove or satisfy any Title Exception to the satisfaction of Buyer, Buyer shall have the option, in its sole discretion, to terminate this Agreement or to accept title subject to such exception. In the event Buyer elects to terminate this Agreement, the Earnest Money Deposit, including interest thereon, and all other funds and documents deposited into escrow by or on behalf of Buyer shall be returned to Buyer, and all rights and obligations hereunder shall terminate. It shall be a condition to the close of escrow that Title Company shall deliver to Buyer, within five (5) days after Buyer has approved the Preliminary Report pursuant to this Section, 602888-4 000002 and in no event later than seven (7) days prior to the close of escrow, a title commitment for an ALTA Owner's Title Insurance Policy ("T~tle Policy") to be issued by Title Company in the amount of the Purchase Price for the benefit and protection of Buyer, showing title to the Property vested in Buyer, subject only to the Permitted Exceptions, including such endorsements as may reasonably be requested by Buyer, and committing Title Company to issue the Title Policy to Buyer upon the close of escrow. 7. Closin~ Documents and Funds. (a) Seller. (A) Within twenty-five (25) days following the opening of escrow, Seller shall deposit into escrow all of the following: (i) a Grant Deed, substantially in the form attached hereto as Exhibit B ("Grant Deed"), duly executed and acknowledged, conveying to Buyer good and marketable fee simple title to the Property, subject only to exceptions approved pursuant to this Agreement, (ii) Seller's affidavit of non-foreign stares and Seller's certification that Seller is a resident of California, each executed by Seller under penalty of perjury as required by state and federal law; and (iii) Such additional duly executed instruments and documents as the Escrow Agent may reasonably require to consummate the transaction contemplated hereby. (B) Unless Seller elects to have the following charges deducted from the funds to be distributed to Seller at close of escrow, no later than one (1) business day prior to close of escrow, Seller shall deposit into escrow immediately available funds in the amount necessary to pay: (i) all governmental conveyance fees and transfer taxes; (ii) one-half (t/2) of all title insurance and title report costs; and (iii) one-half of all escrow fees and recording fees. (b) Buyer. (A) Within twenty-five (25) days following the opening of escrow, Buyer shall deposit into escrow all of the following: (i) a duly executed Certificate of Acceptance in the form shown in Exhibit C, as required by California Government Code Section 27281; and 602888-4 000003 (ii) such additional duly executed instruments and documents as the Escrow Agent may reasonably require to consummate the transaction contemplated hereby. (B) No less than one (1) business day prior to the close of escrow, Buyer shall deposit into escrow immediately available funds in the amount, which together with the Earnest Money Deposit plus interest thereon, if any, is equal to: (i) the Purchase Price as adjusted by any prorations between the Parties; and (ii) one-half (1/2) of all title insurance and title report costs, escrow fees, and recording fees. 8. Close of Escrow. The Parties intend to close escrow within thirty-five (35) days following the date upon which escrow is opened, unless this Agreement is terminated pursuant to the terms hereof. The Escrow Agent shall close escrow by: (i) causing the Grant Deed to be recorded in the official records of San Mateo County, California; (ii) issuing the Title Policy and delivering same to Buyer; (iii) delivering to Seller the monies constituting the Purchase Price less prorated amounts and charges to be paid by or on behalf of Seller; and (iv) delivering to Buyer the original Grant Deed, together with a conformed copy thereof indicating recording information thereon. Possession of the Property shall be delivered to Buyer at the close of escrow. 9. Closin~ Costs. Each Party shall pay one-half (1/2) of all title insurance and title report costs, escrow fees (including the costs of preparing documents and instruments), and recording fees. Seller shall pay all governmental conveyance fees and all transfer taxes. 10. Prorations. At the close of escrow, the Escrow Agent shall make the following prorations: (i) property taxes shall be prorated as of the close of escrow based upon the most recent tax bill available, including any property taxes which may be assessed after the close of escrow but which pertain to the period prior to the transfer of title to the Property to Buyer, regardless of when or to whom notice thereof is delivered; and (ii) any bond or assessment that constitutes a lien on the Property at the close of escrow shall be assumed by Buyer. 11. Buyer's Conditions to Closine. The close of escrow and Buyer's obligation to purchase the Property are conditioned upon: (i) the performance by Seller of each obligation to be performed by Seller under this Agreement within the applicable time period, or the waiver by Buyer of such obligation; (ii) Seller's representations and warranties contained in this Agreement being true and correct as of the Effective Date and the close of escrow; (iii) the commitment by Title Company to issue and deliver the Title Policy, subject only to the Permitted Exceptions; and (iv) Buyer's approval of the condition of the Property pursuant to Section 12. Should any condition to closing fail to occur, excepting any such conditions that have been waived by Buyer, Buyer shall have the fight, exercisable by giving written notice to Seller, to cancel the escrow, terminate this Agreement, and recover any and all amounts paid by Buyer 602888-4 4 00000'4 to Seller or deposited with the Escrow Agent by or on behalf of Buyer, including the Earnest Money Deposit and interest thereon. The exercise of this right by Buyer shall not constitute a waiver by Buyer of any other rights Buyer may have at law or in equity. 12. Buyer's Additional Conditions to Closing. Buyer's obligation to purchase the Property is also conditioned upon Buyer's review and approval of the condition of the Property pursuant to this Section. (a) Feasibility Studies. During the period commencing on the Effective Date and ending on the twentieth (20th) day after the opening of escrow ("Due Diligence Period") Buyer may, at Buyer's expense, undertake an inspection and review of the Property, including without limitation (i) a review of the physical condition of the Property, including but not limited to, inspection and examination of soils, environmental factors, Hazardous Materials (as defined in Exhibit D attached hereto), and archeological information relating to the Property; (ii) a review and investigation of the effect of any zoning, maps, permits, reports, engineering data, regulations, ordinances, and laws affecting the Property, and (iii) an evaluation of the Property to determine its feasibility for Buyer's intended use. Buyer may consult with or retain civil engineers, contractors, soils and geologic engineers, architects and other specialists in its investigation, and may consult with or retain other consultants to determine if the Property is suitable for Buyer's intended use. If Buyer's environmental consultants require additional time to determine the existence and extent of any Hazardous Materials on the Property, Buyer shall have the right, exercisable by delivering written notice to Seller prior to the expiration of the Due Diligence Period, to extend the Due Diligence Period for up to fifteen (15) additional days to complete the testing. (b) Other matters. During the Due Diligence Period, Buyer may inspect, examine, survey and review any other matters concerning the Property, including without limitation, any and all studies or reports provided by Seller, all contracts, leases, rental agreements and other obligations relating to the Property, and the Property's conformitY with all applicable laws and regulations. During the Due Diligence Period, Buyer shall have the right to perform due diligence regarding the investigation, assessment, and monitoring of the environmental condition of the Property, and upon completion of the Due Diligence Period, unless Buyer elects to terminate this Agreement pursuant to the terms hereof, Buyer will purchase the Property in its "AS IS" condition as such condition exists at the end of the Due Diligence Per/od. 6028884 (c) Disal~proval of Property Condition. Should Buyer fail to approve the condition of the Property or its feasibility for Buyer's intended use in writing within five (5) days following the end of the Due Diligence Period, Buyer shall have the right, exercisable by giving written notice to Seller, to cancel the escrow, terminate this Agreement, and recover any and all amounts paid by Buyer to Seller or deposited with the Escrow 5 000005 Agent by or on behalf of Buyer, including the Earnest Money Deposit and interest thereon. The exercise of this right by Buyer shall not constitute a waiver by Buyer of any other rights Buyer may have at law or in equity. 13. Studies, Rer~orts and Investigations. Seller agrees to make available to Buyer within five (5) business days following the Effective Date, any and all information, studies, reports, investigations, contracts, leases, rental agreements and other obligations concerning or relating to the Property which are in Seller's possession or which are reasonably available to Seller, including without limitation surveys, studies, reports and investigations concerning the Property's physical, environmental or geological condition, habitability, or the presence or absence of Hazardous Materials in, on or under the Property and the compliance by the Property with Environmental Laws (as defined in Exhibit D). 14. Riaht of Entry. Prior to close of escrow, Buyer and Buyer's agents shall have the fight, upon reasonable notice to Seller, to enter upon the Property for the purpose of inspecting, examining, surveying and reviewing the Property in accordance with Section 12. Buyer's inspection, examination, survey and review of the Property shall be at Buyer's sole expense. Buyer shall obtain Seller's advance consent in writing to any proposed physical testing of the Property by Buyer or Buyer's agents, which consent shall not be unreasonably conditioned, withheld or delayed. Buyer shall repair, restore and return the Property to its original condition after such physical testing, at Buyer's sole expense. Buyer shall schedule any such physical tests during normal business hours unless otherwise approved by Seller. Buyer agrees to indemnify Seller and hold Seller harmless from and against all liability, loss, cost, damage and expense (including, without limitation, reasonable attorney's fees and costs of litigation) resulting from Buyer's or Buyer's agents entry upon the Property, except to the extent that such liability, loss, cost, damage and expense arises as a result of the negligence or other wrongful conduct of Seller or its agents. 15. Seller's Conditions to Closing. The close of escrow and Seller's obligation to sell the Property pursuant to this Agreement are conditioned upon: (i) the performance by Buyer of each obligation to be performed by Buyer under this Agreement within the applicable time period, or waiver by Seller of such obligation; (ii) Buyer's representations and warranties contained in this Agreement being true and correct as of the Effective Date and the close of escrow; and (iii) close of escrow to occur and consummation of the transfer of the Property from Seller to Buyer no later than April 30, 2004. 16. Seller's Representations and Warranties. Seller hereby represents and warrants that except as disclosed in writing to Buyer, as of the Effective Date and as of the close of escrow, to the best knowledge of Seller: (i) the Property is free and has always been free of Hazardous Materials and is not and has never been in violation of any Environmental Law; (ii) there are no buried or partially buried storage tanks located on the Property; (iii) Seller has received no notice, warning, notice of violation, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Property are or have ever been in violation of any Environmental Law or informing Seller that the Property is subject to investigation or inquiry regarding Hazardous Materials on the Property or the potential violation of any Environmental Law; (iv) there is no monitoring program required by the Environmental 802888-4 6 00O0¢6 Protection Agency or any other governmental agency concerning the Property; (v) no toxic or hazardous chemicals, waste, or substances of any k/nd have ever been spilled, disposed of, or stored on, under or at the Property, whether by accident, burying, drainage, or storage in containers, tanks, holding areas, or any other means; (vi) the Property has never been used as a dump or landfill; (vii) Seller has disclosed to Buyer all information, records, and studies in Seller's possession or reasonably available to Seller relating to the Property concerning Hazardous Materials; (viii) Seller has not received any notice from any governmental authority of any threatened or pending zoning, building, fire, or health code violation or violation of other governmental regulations concerning the Property that have not previously been corrected, and no condition on the Property violates any health, safety, fire, environmental, sewage, building, or other federal, state or local law, ordinance or regulation; (ix) no contracts, licenses, leases or commitments regarding the maintenance or use of the Property or allowing any third party rights to use the Property are in force; (x) there are no threatened or pending actions, suits, or administrative proceedings against or affecting the Property or any portion thereof or the interest of Seller in the Property; (xi) there are no threatened or pending condenmation, eminent domain, or similar proceedings affecting the Property or any portion thereof; (xii) Seller has not received any notice from any insurer of defects of the Property which have not been corrected; (xiii) there are no natural or artificial conditions upon the Property or any part thereof that could result in a material and adverse change in the condition of the Property; (xiv) all information that Seller has delivered to Buyer, either directly or through Seller's agents, is accurate and complete; and (xv) Seller has disclosed all mater/al facts concerning the Property. Seller further represents and warrants that this Agreement and all other documents delivered or to be delivered in connection herewith prior to or at the close of escrow: (a) have been duly author/zed, executed, and delivered by Seller; (b) are binding obligations of Seller; (c) are collectively sufficient to transfer all of Seller's right, title and interest in and to the Property; and (d) do not violate the provisions of any agreement to which Seller is a party or which affects the Property. Seller further represents and warrants that the persons who have executed this Agreement on behalf of Seller are authorized to do, that Seller has the legal right to enter into this Agreement and to perform all of its terms and conditions, and that this Agreement is enforceable against Seller in accordance with its terms. Seller shall notify Buyer of any facts that would cause any of the representations contained in this Agreement to be untrue as of the close of escrow. If Buyer reasonably believes that a fact materially and adversely affects the Property, Buyer shall have the option to terminate this Agreement by delivering written notice thereof to Seller. In the event Buyer elects to terminate this Agreement, the Earnest Money Deposit, including interest thereon, and all other funds and documents deposited into escrow by or on behalf of Buyer shall be returned to Buyer, and all rights and obligations hereunder shall terminate. Seller shall indemnify, defend and hold harmless Buyer from all loss, cost, liability, expense, damage or other injury, including without limitation, attorneys' fees and all other costs and expenses incurred by reason of, or in any manner resulting from the breach of any representation or warranty contained in this Section. 602888-4 00O007 17. Seller's Covenants. Seller covenants that from the Effective Date and through the close of escrow, Seller: (i) shall not permit any liens, encumbrances, or easements to be placed on the Property, other than Permitted Exceptions; (ii) shall not enter into any agreement regarding the use, sale, rental, management, repair, improvement, or any other matter affecting the Property that would be binding on Buyer or the Property after the close of escrow without the prior written consent of Buyer; (iii) shall not permit any act of waste or act that would tend to diminish the value of the Property for any reason, except that caused by ordinary wear and tear; and (iv) shall maintain the Property in its condition as of the Effective Date, ordinary wear and tear excepted, and shall manage the Property substantiaily in accordance with Seller's established practices. 18. Buyer's Relaresentations, Warranties and Covenants. Buyer represents, warrants and covenants that this Agreement and all other documents delivered in connection herewith, prior to or at the close of escrow: (i) have been duly authorized, executed, and delivered by Buyer; (ii) are binding obligations of Buyer; and (iii) do not violate the provisions of any agreement to which Buyer is a party. Buyer further represents and warrants that the persons who have executed this Agreement on behalf of Buyer have are duly authorized to do, that Buyer has the legal right to enter into this Agreement and to perform all of its terms and conditions, and that Agreement is enforceable against Buyer in accordance with its terms. 19. Reserved. 20. Damaee and Destruction. In the event of any damage or other loss to the Property, or any portion thereof, caused by fire or other casualty prior to the close of escrow in an amount not exceeding $50,000, Buyer shall not be entitled to terminate this Agreement, but shall be obligated to close the escrow and purchase the Property as provided in this Agreement, without abatement in the Purchase Price, provided that Seller shall: (i) assign and transfer to Buyer all of Seller's rights under any insurance policy coveting the damage or loss, and all claims for monies payable from Seller's insurer(s) in connection with the damage or loss, and (ii) pay to Buyer at the close of escrow the amount of Seller's deductible under the insurance policy or policies coveting the damage or loss. In the event of damage or destruction of the Property or any portion thereof prior to the close of escrow in an amount in excess of $50,000, Buyer may elect either to terminate this Agreement upon written notice to Seller, or to consummate the purchase of the Property, in which case Seller shall (i) assign and transfer to Buyer all of Seller's rights under any insurance policy covering the damage or loss, and all claims for monies payable from Seller's insurer(s) in connection with the damage or loss, and (ii) pay to Buyer at the close of escrow the amount of Seller's deductible under the insurance policy or policies covering the damage or loss. In the event Buyer elects to terminate this Agreement, the Earnest Money Deposit, including interest thereon, and all other funds and documents deposited into escrow by or on behalf of Buyer shall be returned to Buyer, and all fights and obligations hereunder shall terminate. 21. Brokers. Each Party warrants and represents to the other that no person or entity can properly claim a right to a real estate commission, brokerage fee, finder's fee, or other compensation with respect to the transaction contemplated by this Agreement. Each Party agrees 602888-4 8 000008 to defend, indemnify and hold harmless the other Party from any claims, expenses, costs or liabilities arising in connection with a breach of this warranty and representation. The terms of this Section shall survive the expiration or earlier termination of this Agreement. 22. Assignment. Buyer shall have the right to assign all rights and obligations under this Agreement to any party, provided Seller consents to such assignment which consent shall not be unreasonably withheld, conditioned, or delayed. 23. Notices. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; (iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first- class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient's time or on a nonbusiness day. Buyer: South San Francisco Redevelopment Agency City Hall, 400 Grand Avenue South San Francisco, CA 94083 Attention: Executive Director Telephone: (650) 829-6620 Facsimile: (650) 829-6623 with a copy to: Meyers, Nave, Riback, Silver & Wilson 555 12th Street, Suite 1500 Oakland, CA 94607 Attention: Steven T. Mattas, Agency Counsel 602888-4 Seller: William R. Cornejo 1516 Alturas Drive Burlingame, CA 94010 Telephone: (650) 347-8423 000009 24. Litieation Costs. If any legal action or any other proceeding, including arbitration or action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged breach or default in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees and other costs, in addition to any other relief to which such Party may be entitled. 25. Waivers; Modification. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shaI1 not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing and executed by the waiving party. This Agreement may be amended or modified only by a written instrument executed by the Parties. 26. Successors. The obligation of Seller to sell the Property and the obligation of Buyer to purchase the Property pursuant to this Agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors and assignees of the Parties. 27. Provisions Not Merged With Deeds. None of the provisions, terms, representations, warranties and covenants of this Agreement are intended to or shall be merged by the Grant Deed, and neither the Grant Deed nor any other document shall affect or impair the provisions, terms, representations, warranties and covenants contained herein. Without limiting the generality of the foregoing, Seller's representations, warranties and covenants contained herein shall survive the close of escrow. 28. Construction. The section headings used herein are solely for convenience and shall not be used to interpret this Agreement. 29. Action or Approval. Where action and/or approval by Buyer is required under this Agreement, Buyer's Executive Director may act on and/or approve such matter unless the Executive Director determines in his or her discretion that such action or approval requires referral to Buyer's Board for consideration. The time periods afforded Buyer for any event, inspection, feasibility, due diligence, escrow closing or otherwise shall not be extended by any such referral to Buyer's Board. 30. Entire Aereement. This Agreement, including Exhibits A to D attached hereto and incorporated herein by this reference, contains the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, understandings, representations or statements between the Parties with respect to the subject matter thereto. 602888-4 10 000010 31. Counten)arts. This Agreement may be executed in one or more counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. 32. Severabilitv. If any term, provision, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged thereby. 33. No Third Party Beneficiaries. Nothing in this Agreement is intended to or shall confer upon any person, other than the Parties and their respective successors and assigns, any rights or remedies hereunder. 34. Parties Not Co-Venturers. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another. 35. Non-Liabilitw of Officials, Eml)lovees and Aeents. No member, official, employee or agent of Buyer shall be personally liable to Seller or its successors in interest in the event of any default or breach by Buyer or for any amount which may become due to Seller or its successors in interest pursuant to this Agreement. 36. Time of the Essence. Time is of the essence for each condition, term, obligation and provision of this Agreement. 37. Governin~ Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws. 38. Time for Performance. When the time for performance of any obligation under this Agreement is to be measured fi:om another event, such time period shall include the day of the other event. If the day of the time for performance is not a regular business day, then the time for such performance shall be by the regular business day following such day. 39. 1031 Exchange. Buyer agrees to cooperate in structuring this transaction as an exchange for the benefit of Seller under Section 1031 of the Internal Revenue Code of 1986 as amended ("Section 1031"), provided that Buyer shall incur no additional cost in connection therewith. Despite any restriction on assignrnent contained in this Agreement, Seller shall have the right to assign its rights and obligations under this Agreement to an entity acting as a Qualified Intermediary (as defined in the Regulations under Section 1031) to complete the exchange, but no assignment shall release Seller from liability for performance of any of its obligations under this Agreement. In the interest of convenience, Seller shall convey title to the Property directly to Buyer on behalf of the Qualified Intermediary. Nothing contained in this Section is intended as a waiver of any of the deadlines or obligations of Seller under this Agreement. The Seller is advised to seek the guidance of tax counsel in completing a 1031 exchange. Neither party makes any representation or guarantee to the other that the transactions contemplated under this provision will result in any particular tax treatment to the other party, or will qualify as an exchange under Section 1031 of the Internal Revenue Code. Seller shall 602888-4 11 000011 assume all costs and expenses including any attorney's fees incurred in connection with the election to structure the transaction as a 1031 exchange. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. BUYER: SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY By: Executive Director ATTEST: By: Agency Secretary APPROVED AS TO FORM: By: Agency Counsel SELLER: By: William R. Comejo 602888-4 12 O00012 Exhibit A LEGAL DESCRIPTION The easterly t/'2 of Lot 4 in block 126, as shown on the certain Map entitle "SOUTH SAN FRANCISCO, SAN MATEO CO. CAL. PLAT NO. 1", filed in the Office of the County Recorder of San Mateo County on March 1, 1892, in Book "B" of Origlmal Maps at Page 6 and copied into Book 2 of Maps at Page 52. 602888-4 13 OuO013 Exhibit B RECORDING REQUESTED BY AzND WHEN RECORDED MAIL TO: CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY P.O. Box 711 South San Francisco, CA 94083 At-tn: Executive Director MAIL TAX STATEMENTS TO: Same as Above GRANT DEED ) ) ) ) ) ) ) ) ) ) ) ) (Space Above This L/ne Reserved For Recorder's Use) GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, William R. Cornejo (individually "Grantor") hereby grants to the City of South San Francisco Redevelopment Agency, a public body, corporate and politic ("Grantee") all that real property located in the City of South San Francisco, County of San Mateo, State of California described in Exhibit A attached hereto and incorporated herein. IN WITNESS WHEREOF, Grantors each have executed this Grant Deed as of ,2004. GRANTOR William R. Comejo 602888.-4 14 000014 Exb. ibit "A" LEGAL DESCRIPTION The easterly ½ of Lot 4 in block 126, as shown on the certain Map entitle "SOUTH SAN FRANCISCO, SAN MATEO CO. CAL. PLAT NO. 1", filed in the Office of the County Recorder of San Mateo County on March 1, 1892, in Book "B" of Original Maps at Page 6 and copied into Book 2 of Maps at Page 52. 602888-4 15 000015 Exhibit "C" CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant Deed dated ,2004, William R. Comejo, to the City of South San Francisco Redevelopment Agency, a public body, corporate and politic ("Agency"), is hereby accepted on behalf of the Agency by its Executive Director pursuant to authority conferred by Resolution No. , adopted by the Agency on April 14, 2004, and that the Grantee consents to recordation of the Grant Deed by its duly authorized officer. Dated ,2004 By: Executive Director Print Name: ATTEST: By: Agency Secretary APPROVED AS TO FORM: By: Agency Counsel 602888-4 16 000016 ACKNOWLEDGMENT State of California County of San Mateo On before me, a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY PUBLIC 602888-3 17 000017 ACKNOWLEDGMENT State of California ) ) SS. County of Sonoma ) On before me, a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the w/thin instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY PUBLIC 802888-3 18 000018 Exhibit "D" HAZARDOUS MATERIALS; ENVIRONMENTAL LAW "Hazardous Materials" means any substance, material or waste which is or becomes regulated by any federal, state or local governmental authority, and includes without limitation (i) petroleum or oil or gas or any direct or indirect product or by-product thereof; (ii) asbestos and any material containing asbestos; (iii) any substance, material or waste regulated by or listed (directly or by reference) as a "hazardous substance", "hazardous material", "hazardous waste", "toxic waste", "toxic pollutant", "toxic substance", "solid waste" or "pollutant or contaminant" in or pursuant to, or similarly identified as hazardous to human health or the environment in or pursuant to, the Toxic Substances Control Act [ 15 U.S.C. 2601, et seq.]; the Comprehensive Environmental Response, Compensation and Liability Act [42 U.S.C. Section 9601, et seq.], the Hazardous Materials Transportation Authorization Act [49 U.S.C. Section 5101, et seq.], the Resource Conservation and Recovery Act [42 U.S.C. 6901, et seq.], the Federal Water Pollution Control Act [33 U.S.C. Section 1251], the Clean Air Act [42 U.S.C. Section 7401, et seq.], the California Underground Storage of Hazardous Substances Act [California Health and Safety Code Section 25280, et seq.], the California Hazardous Substances Account Act [California Health and Safety Code Section 25300, et seq.], the California Hazardous Waste Act [California Health and Safety Code Section 25100, et seq.], the California Safe Drinking Water and Toxic Enforcement Act [California Health and Safety Code Section 25249.5, et seq.], and the Porter-Cologne Water Quality Control Act [California Water Code Section 13000, et seq.], as they now exist or are hereafter amended, together with any regulations promulgated thereunder; (iv) any substance, material or waste which is defined as such or regulated by any "Superfund" or "Superlien" law, or any Environmental Law; or (v) any other substance, mater/al, chemical, waste or pollutant identified as hazardous or toxic and regulated under any other federal, state or local environmental law, including without limitation, asbestos, polychlorinated biphenyls, petroleum, natural gas and synthetic fuel products and by-products. "Environmental Law" means all federal, state or local statutes, ordinances, rules, regulations, orders, decrees, .judgments or common law doctrines, and provisions and conditions of permits, licenses and other operating authorizations regulating, or relating to, or imposing liability or standards of conduct concerning (i) pollution or protection of the environment, including natural resources; (ii) exposure of persons, including employees and agents, to Hazardous Materials (as defined above) or other products, raw materials, chemicals or other substances; (iii) protection of the public health or welfare from the effects of by-products, wastes, emissions, discharges or releases of chemical substances from industrial or commercial activities; (iv) the manufacture, use or introduction into commerce of chemical substances, including without limitation, their manufacture, formulation, labeling, distribution, transportation, handling, storage and disposal; or (iv) the use, release or disposal of toxic or hazardous substances or Hazardous Materials or the remediation of air, surface waters, groundwaters or soil, as now or may at any later time be in effect, including but not limited to the Toxic Substances Control Act [15 U.S.C. 2601, et seq.]; the Comprehensive Environmental Response, Compensation and Liability Act [42 U.S.C. Section 9601, et seq.], the Hazardous Materials Transportation Authorization Act [49 U.S.C. Section 5101, et seq.], the Resource Conservation and Recovery Act [42 U.S.C. 6901, et seq.], the Federal Water Pollution Control Act [33 U.S.C. Section 1251 ], the Clean Air Act [42 U.S.C. Section 7401, et seq.], the California Underground Storage of Hazardous Substances Act [California Health and Safety Code Section 25280, et seq.], the California Hazardous Substances Account Act [California Health and Safety Code Section 25300, et seq.], the California Hazardous Waste Act [California Health and Safety Code Section 25100, et seq.], the California Safe Drinking Water and Toxic Enforcement Act 602888-3 19 Ouo019. [California Health and Safety Code Section 25249.5, et seq.], and the Porter-Cologne Water Quality Control Act [California Water Code Section 13000, et seq.], as they now exist or are hereafter amended, together with any regulations promulgated thereunder. 602888-3 20 0OOO20 ~eNo. 0312050 APPRAISAL OF LOCATED AT: 312 MILLER AVENUE SOUTH SAN FRANCISCO, CA 94080-3723 FOR: CiTY OF SOUTH SAN FRANCISCO 400 GRAND AVENUE SOUTH SAN FRANCISCO, CA 94083 0 0 0 0 :~; 2 DATE: TO: FROM: SUBJECT: Redevelopment Agency Staff Report RDA AGENDA ITEM #4 April 14, 2004 Redevelopment Agency Board Marry Van Duyn, Assistant Executive Director RESOLUTION APPROVING A REVISED PURCHASE AND SALE AGREEMENT BETWEEN THE SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY AND THREE SISTERS RANCH ENTERPRISES, LLC RELATED TO THE PROPERTY LOCATED AT 480 NO. CANAL STREET RECOMMENDATION: It is recommended that the Redevelopment Agency Board approve the attached Resolution authorizing the Executive Director of the Agency to enter into a Purchase and Sale Agreement for the acquisition of property and improvements located at 480 North Canal Street in the amount of $5 million, and an amendment to the 2003-2004 budget designating the use of Downtown/Central Bond funds to complete the purchase. BACKGROUND/DIS CUSSION: In November of 2003 the Redevelopment Agency Board approved a resolution authorizing the Executive Director to enter into a Purchase and Sale Agreement for the acquisition of this property for the then appraised amount of $3.65 million. The intent of the purchase is to retain a location for the replacement of Central Fire Station. Since November, the staff has been negotiating with the property owner and leasehold interest in order to secure a deal on the site consistent with the appraised value. This negotiation was complicated by a competing offer on the property from a development interest that proposed a purchase price of $5 million. The staff contracted for another appraisal of the property which included consideration of the proposed $5 million contract offer and a re-assessment of values based on the current market. The previous appraisal was conducted in December 2002. The new appraisal, dated February 19, 2004, indicates an "as is" fee simple value of $3.65 million and a leased fee interest value of $3.75 million. Staff Report Subject: Approve revised Purchase and Sale Agreement between South San Francisco Redevelopment Agency and Three Sisters Ranch Enterprises, LLC related to property at 480 No. Canal Street Page 2 The staff has contacted the owner (Three Sisters Ranch Enterprises, LLC) and they have agreed to sell the property to the Redevelopment Agency for $5 million, which would require them to get out of an existing contract provided the Agency could complete the transaction by June 2004. FISCAL IMPACT: The Capital Improvement Plan has $2.9 million budgeted in the current year for acquisition of this fire station. These funds and the additional $2.1 million necessary to complete the sale are available from remaining Downtown/Central Redevelopment Bond Funds. CONCLUSION: This property and the site improvements will provide the Fire Department with a facility that adequately replaces the aging Central Fire Station located on Baden Avenue. In addition, the new facility will be located on a much larger site with a facility capable of providing additional space for training, administrative and other related department services. This alternative exceeds other construction or purchase options in value and utility, therefore t he s taft recommends t hat t he Board approve t he attached Resolution allowing the Executive Director to enter into a Purchase and Sale Agreement to acquire the property at 480 North Canal Street for $5 million, and approving an amendment to the budget for 2003-2004 to appropriate an additional $2.1 million from Downtown/Central Bond funds to complete the purchase. Marry Van Duyn Assistant Executive Director Michael A. Wilson Executive Director Attachments: Resolution Purchase and Sale Agreement RESOLUTION NO. REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO, STATE OF CAL~ORNIA A RESOLUTION AUTHORIZING A PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY AND IMPROVEMENTS LOCATED AT 480 NORTH CANAL STREET IN THE AMOUNT OF $,5 MILLION AND AMENDING THE 2003-2004 REDEVELOPMENT AGENCY BUDGET WHEREAS, staff recommends that the Board authorizes a Purchase and Sale Agreement for the acquisition of property and improvements located at 480 North Canal Street in the amount of $5 million; and WHEREAS, the Capital Improvement Plan has $2.9 million budgeted in the current year for acquisition of this fire station; and WHEREAS, these funds and the additional $2.1 million necessary to complete the sale are available from remaining Downtown/Central Redevelopment Bond Funds. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of South San Francisco that the Redevelopment Agency hereby authorizes a Purchase and Sale Agreement for the acquisition of property and improvements located at 480 North Canal Street in the amount of $5 million and amends the 2003-2004 Redevelopment Agency budget to appropriate an additional $2.1 million from Downtown/Central Bond funds to complete the purchase. A copy of the agreement is attached as Exhibit A. BE IT, FURTHER RESOLVED that the Executive Director is hereby authorized to execute the agreement on behalf of the Redevelopment Agency of the City of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Redevelopment Agency of the City of South San Francisco at a regular meeting held on the __ day of 2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Clerk S:\Current Reso's\4-14PURCHASE.SALE.AGR.480N.CANAL.doc PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is entered into effective as of April 14, 2004 (the date upon which this Agreement was approved by Buyer's Board, and hereinafter referred to as the "Effective Date") by and between Three Sisters Ranch Enterprises LLC (hereinafter collectively referred to as "Seller") and the Redevelopment Agency of the City of South San Francisco, a public body, corporate and politic ("Buyer"). Seller and Buyer are hereinafter referred to as the "Parties." WHEREAS, Seller is the owner of that certain real property in San Mateo County, California, APN No. 014-061-110, located at 480 N. Canal Street in the City of South San Francisco and more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Land"); WHEREAS, on March 15, 2004, Buyer, acting pursuant to Government Code section 7267.2, made an offer to purchase the Land and fixtures thereon; WHEREAS, in accordance with the terms and conditions contained herein, Buyer desires to purchase, and Seller desires to sell, the Land together with all improvements located thereon and all easements, hereditaments, and appurtenances belonging to or inuring to the benefit of Seller and pertaining to the Land (all of the foregoing collectively hereinafter, the "Property"); WHEREAS, Buyer is a redevelopment agency existing pursuant to the Community Redevelopment Law, California Health and Safety Code Section 33000, et seq., and pursuant to the authority granted therein, Buyer has the responsibility to carry out the Redevelopment Plan for the Downtown Central Project Area ("Redevelopment Plan"); and WHEREAS, the Property is located adjacent to an area governed by the Redevelopment Plan, and the purchase of the Property as provided for in this Agreement is consistent with and necessary to further the goals and objectives of the Redevelopment Plan. Specifically, the property is planned for use as a fire station that will replace or supplement an existing fire station within the redevelopment area and will serve properties within the redevelopment area. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows. 1. A~,reement to Sell and Purchase. Seller agrees to sell and Buyer agrees to purchase the Property subject to the terms and conditions of this Agreement. 2. Purchase Price. The purchase price for the Property shall be Five Million United States Dollars ($5,000,000) ("Purchase Price"). 3. Conveyance of Title. At the close of escrow, Seller shall convey by grant deed to Buyer marketable fee simple title to the Property, free and clear of all recorded and unrecorded liens, encumbrances, assessments, leases and taxes except: 670973-1 (a) the provisions and effect of the Redevelopment Plan; (b) taxes for the fiscal year in which the escrow for this transaction closes, which shall be prorated as of the close of escrow and handled in accordance with Section 4986 of the California Revenue and Taxation Code; and (c) such other conditions, liens, encumbrances, restrictions and exceptions as may be approved in writing by Buyer ("Permitted Exceptions"). 4. Escrow; Escrow Instructions. Within five (5) business days following the Effective Date, the Parties shall open an escrow to consummate the purchase and sale of the Property pursuant to this Agreement at the office of Fidelity Title Company located in Redwood City, California - Escrow Agent Tina Davis ("Title Company" or "Escrow Agent") or such other title company as may be mutually agreed upon by the Parties. Upon the opening of escrow, the Parties shall deposit with the Escrow Agent an executed copy of this Agreement, which shall serve as the joint escrow instructions of Buyer and Seller for this transaction, together with such additional instructions as may be executed by the Parties and delivered to the Escrow Agent. 5. Earnest Money Del~osit. Upon the opening of escrow and in no event later than seven (7) business days after the Effective Date, Buyer shall deposit the sum of Five Thousand Dollars ($5,000) ("Earnest Money Deposit") into escrow in an interest beating account for the benefit of Buyer. The Earnest Money Deposit, and all interest earned thereon, shall be applied to the Purchase Price at the close of escrow. All amounts deposited by the Parties with the Escrow Agent, including the Earnest Money Deposit, shall be held in escrow in an interest-bearing account. 6. Title Documents. Within seven (7) days following the opening of escrow, Seller shall deliver or cause to be delivered to Buyer a preliminary title report ("Preliminary Report") on the Property issued by the Title Company, setting forth all liens, encumbrances, easements, restrictions, conditions, pending litigation, judgments, administrative proceedings, and other matters of record affecting Seller's title to the Property, together with copies of all documents relating to exceptions listed in the Preliminary Report ("Title Exceptions") and complete and legible copies of all instruments referred to therein, as requested by Buyer. Buyer shall approve or disapprove each Title Exception within seven (7) days following Buyer's receipt of the Preliminary Report. Buyer's failure to object within such period shall be deemed to be a disapproval of the Title Exceptions. If Buyer objects or is deemed to have disapproved any Title Exception, Seller shall use its best efforts at Seller's sole expense to remove from title or otherwise satisfy each such exception no later than fourteen (14) days prior to the close of escrow and in a form that is reasonably satisfactory to Buyer. If Seller fails to remove or satisfy any Title Exception to the satisfaction of Buyer, Buyer shall have the option, in its sole discretion, to terminate this Agreement or to accept title subject to such exception. In the event Buyer elects to terminate this Agreement, the Earnest Money Deposit, including interest thereon, and all other funds and documents deposited into escrow by or on behalf of Buyer shall be returned to Buyer, and all rights and obligations hereunder shall terminate. 670973-1 2 It shall be a condition to the close of escrow that Title Company shall deliver to Buyer, within five (5) days after Buyer has approved the Preliminary Report pursuant to this Section, and in no event later than seven (7) days prior to the close of escrow, a title commitment for an ALTA Owner's Title Insurance Policy ("Title Policy") to be issued by Title Company in the amount of the Purchase Price for the benefit and protection of Buyer, showing title to the Property vested in Buyer, subject only to the Permitted Exceptions, including such endorsements as may reasonably be requested by Buyer, and committing Title Company to issue the Title Policy to Buyer upon the close of escrow. 7. Closin~ Documents and Funds. (a) Seller. (A) Within twenty-five (25) days following the opening of escrow, Seller shall deposit into escrow all of the following: (i) a Grant Deed, substantially in the form attached hereto as Exhibit B ("Grant Deed"), duly executed and acknowledged, conveying to Buyer good and marketable fee simple title to the Property, subject only to exceptions approved pursuant to this Agreement; and (ii) Seller's affidavit of non-foreign status and Seller's certification that Seller is a resident of California, each executed by Seller under penalty of perjury as required by state and federal law; and (iii) Such additional duly executed instruments and documents as the Escrow Agent may reasonably require to consummate the transaction contemplated hereby; (iv) A copy of the document reconveying the leasehold interest presently held by Perrier Corporation and Black Mountain Corporation on the Property to Seller and releasing any and all interest in the Property. (B) Unless Seller elects to have the following charges deducted from the funds to be distributed to Seller at close of escrow, no later than one (1) business day prior to close of escrow, Seller shall deposit into escrow immediately available funds in the amount necessary to pay: (i) all governmental conveyance fees; and (ii) one-half (1/2) of all title insurance and title report costs; and (iii) one-half of all escrow fees and recording fees. 670973-1 3 (b) Buyer. (A) Within twenty-five (25) days following the opening of escrow, Buyer shall deposit into escrow all of the following: (i) a duly executed and acknowledged Certificate of Acceptance substantially in the form attached to Exhibit C; and (ii) such additional duly executed instruments and documents as the Escrow Agent may reasonably require to consummate the transaction contemplated hereby. (B) No less than one (1) business day prior to the close of escrow, Buyer shall deposit into escrow immediately available funds in the amount, which together with the Earnest Money Deposit plus interest thereon, if any, is equal to: and (i) the Purchase Price as adjusted by any prorations between the Parties; (ii) one-half (1/2) of all title insurance and title report costs, escrow fees, and recording fees; and, (iii) any City transfer tax that may be due. 8. Close of Escrow. Unless this Agreement is terminated pursuant to the terms hereof or extended by mutual written consent of the Parties, escrow shall close no later than May 26, 2004. The Escrow Agent shall close escrow by: (i) causing the Grant Deed to be recorded in the official records of San Mateo County, California; (ii) issuing the Title Policy and delivering same to Buyer; (iii) delivering to Seller the monies constituting the Purchase Price less prorated amounts and charges to be paid by or on behalf of Seller; and (iv) delivering to Buyer the original Grant Deed, together with a conformed copy thereof indicating recording information thereon. Possession of the Property shall be delivered to Buyer at the close of escrow. 9. Closing Costs. Each Party shall pay one-half (1/2) of all title insurance and title report costs, escrow fees (including the costs of preparing documents and instruments), and recording fees, and other closing costs, including County transfer tax, if any. 10. Prorations. At the close of escrow, the Escrow Agent shall make the following prorations: (i) property taxes shall be prorated as of the close of escrow based upon the most recent tax bill available, including any property taxes which may be assessed after the close of escrow but which pertain to the period prior to the transfer of title to the Property to Buyer, regardless of when or to whom notice thereof is delivered; and (ii) any bond or assessment that constitutes a lien on the Property at the close of escrow shall be assumed by Buyer. 670973-I 4 11. Buyer's Conditions to Closing. The close of escrow and Buyer's obligation to purchase thc Property are conditioned upon: (i) the performance by Seller of each obligation to be performed by Seller under this Agreement within the applicable time period, or the waiver by Buyer of such obligation; (ii) Seller's representations and warranties contained in this Agreement being true and correct as of thc Effective Date and the close of escrow; (iii) thc commitment by Title Company to issue and deliver the Title Policy, subject only to the Permitted Exceptions; and (iv) Buyer's approval of the condition of the Property pursuant to Section 12. Should any condition to closing fail to occur, excepting any such conditions that have been waived by Buyer, Buyer shall have the right, exercisable by giving written notice to Seller, to cancel the escrow, terminate this Agreement, and recover any and all amounts paid by Buyer to Seller or deposited with the Escrow Agent by or on behalf of Buyer, including the Earnest Money Deposit and interest thereon. The exercise of this fight by Buyer shall not constitute a waiver by Buyer of any other rights Buyer may have at law or in equity. 12. Buyer's Additional Conditions to Closing. Buyer's obligation to purchase the Property is also conditioned upon Buyer's review and approval of the condition of the Property pursuant to this Section. (a) Feasibility Studies. During the period commencing on the Effective Date and ending on the Fortieth (40th) day after the opening of escrow ("Due Diligence Period") Buyer may, at Buyer's expense, undertake an inspection and review of the Property, including without limitation (i) a review of the physical condition of the Property, including but not limited to, inspection and examination of soils, environmental factors, Hazardous Materials (as defined in Exhibit D attached hereto), and archeological information relating to the Property; (ii) a review and investigation of the effect of any zoning, maps, permits, reports, engineering data, regulations, ordinances, and laws affecting the Property, and (iii) an evaluation of the Property to determine its feasibility for Buyer's intended use. Buyer may consult with or retain civil engineers, contractors, soils and geologic engineers, architects and other specialists in its investigation, and may consult with or retain other consultants to determine if the Property is suitable for Buyer's intended use. If Buyer's environmental consultants require additional time to determine the existence and extent of any Hazardous Substances on the Property, Buyer shall have the right, exercisable by delivering written notice to Seller prior to the expiration of the Due Diligence Period, to extend the Due Diligence Period for up to fifteen (15) additional days to complete the testing. (b) Other matters. During the Due Diligence Period, Buyer may inspect, examine, survey and review any other matters concerning the Property, including without limitation, any and all studies or reports provided by Seller, all contracts, leases, rental agreements and other obligations relating to the Property, and the Property's conformity with all applicable laws and regulations. During the Due Diligence Period, Buyer shall have the fight to perform due diligence regarding the investigation, assessment, and monitoring of the environmental condition of the 670973-1 5 Property, and upon completion of the Due Diligence Period, unless Buyer elects to terminate this Agreement pursuant to the terms hereof, Buyer will purchase the Property in its "AS IS" condition as such condition exists at the end of the Due Diligence Period. (c) Disaooroval of Prooertv Condition. Should Buyer fail to approve the condition of the Property or its feasibility for Buyer's intended use in writing within five (5) days following the end of the Due Diligence Period, Buyer shall have the right, exercisable by giving written notice to Seller, to cancel the escrow, terminate this Agreement, and recover any and all amounts paid by Buyer to Seller or deposited with the Escrow Agent by or on behalf of Buyer, including the Earnest Money Deposit and interest thereon. The exercise of this right by Buyer shall not constitute a waiver by Buyer of any other rights Buyer may have at law or in equity. (a) Condition of Prooerty. Buyer has the right to enter and inspect the property to ensure that it is free of debris before transfer of title. Additionally, Seller shall ensure that all electronic gates are in working order and that all remote transponders for the facility are transferred to Seller at transfer of title. 13. Studies, Reoorts and Investieations. Seller agrees to make available to Buyer within five (5) business days following the Effective Date, any and all information, studies, reports, investigations, contracts, leases, rental agreements and other obligations concerning or relating to the Property which are in Seller's possession or which are reasonably available to Seller, including without limitation surveys, studies, reports and investigations concerning the Property's physical, environmental or geological condition, habitability, or the presence or absence of Hazardous Materials in, on or under the Property and the compliance by the Property with Environmental Laws (as defined in Exhibit D). 14. Rieht of Entry. During the Due Diligence Period, Buyer and Buyer's agents shall have the right, upon reasonable notice to Seller, to enter upon the Property for the purpose of inspecting, examining, surveying and reviewing the Property in accordance with Section 12. Buyer's inspection, examination, survey and review of the Property shall be at Buyer's sole expense. Buyer shall obtain Seller's advance consent in writing to any proposed physical testing of the Property by Buyer or Buyer's agents, which consent shall not be unreasonably conditioned, withheld or delayed. Buyer shall repair, restore and retum the Property to its original condition after such physical testing, at Buyer's sole expense. Buyer shall schedule any such physical tests during normal business hours unless otherwise approved by Seller. Buyer agrees to indemnify Seller and hold Seller harmless from and against all liability, loss, cost, damage and expense (including, without limitation, reasonable attorney's fees and costs of litigation) resulting from Buyer's or Buyer's agents entry upon the Property, except to the extent that such liability, loss, cost, damage and expense arises as a result of the negligence or other wrongful conduct of Seller or its agents. 15. Seller's Conditions to Closing. The close of escrow and Seller's obligation to sell the Property pursuant to this Agreement are conditioned upon: (i) the performance by Buyer of each obligation to be performed by Buyer under this Agreement within the applicable time period, or 670973-1 waiver by Seller of such obligation; and (ii) Buyer's representations and warranties contained in this Agreement being true and correct as of the Effective Date and the close of escrow; and (iii) Seller entering into a binding termination agreement with its tenant which agreement is satisfactory to Seller and meets the requirements of Paragraph 7(a)(iv). 16. Seller's Reoresentations and Warranties. Based on the best knowledge of Martin Ruberry, Joseph J. Bullock and James Zanotti,_Seller hereby represents and warrants that except as disclosed in writing to Buyer, as of the Effective Date and as of the close of escrow: (i) the Property is free and has always been free of Hazardous Materials and is not and has never been in violation of any Environmental Law; (ii) there are no buried or partially buried storage tanks located on the Property; (i/i) Seller has received no notice, warning, notice of violation, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Property are or have ever been in violation of any Environmental Law or informing Seller that the Property is subject to investigation or inquiry regarding Hazardous Materials on the Property or the potential violation of any Environmental Law; (iv) there is no monitoring program required by the Environmental Protection Agency or any other governmental agency concerning the Property; (v) no toxic or hazardous chemicals, waste, or substances of any kind have ever been spilled, disposed of, or stored on, under or at the Property, whether by accident, burying, drainage, or storage in containers, tanks, holding areas, or any other means; (vi) the Property has never been used as a dump or landfill; (vii) Seller has disclosed to Buyer all information, records, and studies in Seller's possession or reasonably available to Seller relating to the Property concerning Hazardous Materials; (viii) Seller has not received any notice from any governmental authority of any threatened or pending zoning, building, fire, or health code violation or violation of other governmental regulations concerning the Property that have not previously been corrected, and no condition on the Property violates any health, safety, fire, environmental, sewage, building, or other federal, state or local law, ordinance or regulation; (ix) no contracts, licenses, leases or commitments regarding the maintenance or use of the Property or allowing any third party rights to use the Property are in force; (x) there are no threatened or pending actions, suits, or administrative proceedings against or affecting the Property or any portion thereof or the interest of Seller in the Property; (xi) there are no threatened or pending condemnation, eminent domain, or similar proceedings affecting the Property or any portion thereof; (xii) Seller has not received any notice from any insurer of defects of the Property which have not been corrected; (xiii) there are no natural or artificial conditions upon the Property or any part thereof that could result in a material and adverse change in the condition of the Property; (xiv) all information that Seller has delivered to Buyer, either directly or through Seller's agents, is accurate and complete; and (xv) Seller has disclosed all material facts concerning the Property. Seller further represents and warrants that this Agreement and all other documents delivered or to be delivered in connection herewith prior to or at the close of escrow: (a) have been duly authorized, executed, and delivered by Seller; (b) are binding obligations of Seller; (c) are collectively sufficient to transfer all of Seller's right, title and interest in and to the Property; and (d) do not violate the provisions of any agreement to which Seller is a party or which affects the Property. Seller further represents and warrants that the persons who have executed this Agreement on behalf of Seller are authorized to do, that Seller has the legal right to enter into this Agreement and to perform all of its terms and conditions, and that this Agreement is enforceable against Seller in accordance with its terms. 670973-1 7 Seller shall notify Buyer of any facts that would cause any of the representations contained in this Agreement to be untrue as of the close of escrow. If Buyer reasonably believes that a fact materially and adversely affects the Property, Buyer shall have the option to terminate this Agreement by delivering written notice thereof to Seller. In the event Buyer elects to terminate this Agreement, the Earnest Money Deposit, including interest thereon, and all other funds and documents deposited into escrow by or on behalf of Buyer shall be returned to Buyer, and all rights and obligations hereunder shall terminate. Seller shall indemnify, defend and hold harmless Buyer from all loss, cost, liability, expense, damage or other injury, including without limitation, attorneys' fees and all other costs and expenses incurred by reason of, or in any manner resulting from the breach of any representation or warranty contained in this Section. 17. Seller's Covenants. Seller covenants that from the Effective Date and through the close of escrow, Seller: (i) shall not permit any liens, encumbrances, or easements to be placed on the Property, other than Permitted Exceptions; (ii) shall not enter into any agreement regarding the sale, rental, management, repair, improvement, or any other matter affecting the Property that would be binding on Buyer or the Property after the close of escrow without the prior written consent of Buyer; (iii) shall not permit any act of waste or act that would tend to diminish the value of the Property for any reason, except that caused by ordinary wear and tear; and (iv) shall maintain the Property in its condition as of the Effective Date, ordinary wear and tear excepted, and shall manage the Property substantially in accordance with Seller's established practices. 18. Buyer's Rel~resentations, Warranties and Covenants. Buyer represents, warrants and covenants that this Agreement and all other documents delivered in connection herewith, prior to or at the close of escrow: (i) have been duly authorized, executed, and delivered by Buyer; (ii) are binding obligations of Buyer; and (iii) do not violate the provisions of any agreement to which Buyer is a party. Buyer further represents and warrants that the persons who have executed this Agreement on behalf of Buyer have are duly authorized to do, that Buyer has the legal right to enter into this Agreement and to perform all of its terms and conditions, and that Agreement is enforceable against Buyer in accordance with its terms. 19. Environmental Indemni~.. Seller agrees to unconditionally and fully indemnify, reimburse, defend, protect and hold harmless Buyer and the City of South San Francisco, California from and against any and all claims, demands, damages, losses, liabilities, fines, orders, judgments, actions, injunctive or other relief (whether or not based on personal injury, property damage, contamination of, or adverse effects upon, the environment or natural resources), costs, economic or other loss, expenses (including without limitation attorneys' fees and any expenses associated with the investigation, assessment, monitoring, response, removal, treatment, abatement and/or remediation of Hazardous Materials in, on or under the Property), and/or administrative, enforcement or judicial proceedings, whether known or unknown, and which are directly or indirectly, in whole or in part, caused by, arise out of, or relate to the presence, release or discharge or alleged presence, release or discharge of any Hazardous Materials in, on or under the Property or a violation or alleged violation of an Environmental 670973-1 8 Law caused by Seller, Seller's tenants or any subtenant, guest or invitee of Seller or its tenants or subtenants. Seller and Buyer agree that the maximum amount payable by Seller pursuant to this Section 19 shall not exceed $5,000,000. 20. Damage and Destruction. In the event of any damage or other loss to the Property, or any portion thereof, caused by fire or other casualty prior to the close of escrow in an amount not exceeding $500,000, Buyer shall not be entitled to terminate this Agreement, but shall be obligated to close the escrow and purchase the Property as provided in this Agreement, without abatement in the Purchase Price, provided that Seller shall: (i) assign and transfer to Buyer all of Seller's tights under any insurance policy covering the damage or loss, and all claims for monies payable from Seller's insurer(s) in connection with the damage or loss, and (ii) pay to Buyer at the close of escrow the amount of Seller's deductible under the insurance policy or policies coveting the damage or loss. In the event of damage or destruction of the Property or any portion thereof prior to the close of escrow in an amount in excess of $500,000, Buyer may elect either to terminate this Agreement upon written notice to Seller, or to consummate the purchase of the Property, in which case Seller shall (i) assign and transfer to Buyer all of Seller's rights under any insurance policy coveting the damage or loss, and all claims for monies payable from Seller's insurer(s) in connection with the damage or loss, and (ii) pay to Buyer at the close of escrow the amount of Seller's deductible under the insurance policy or policies covering the damage or loss. In the event Buyer elects to terminate this Agreement, the Earnest Money Deposit, including interest thereon, and all other funds and documents deposited into escrow by or on behalf of Buyer shall be returned to Buyer, and all rights and obligations hereunder shall terminate. 21. Assienment. Buyer shall have the right to assign all rights and obligations under this Agreement to any party, and no approval by Seller of any such assignment shall be necessary. 23. Notices. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; (iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first- class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient's time or on a non-business day. 670973-1 9 Buyer: South San Francisco Redevelopment Agency 400 Grand Avenue South San Francisco, CA 94080 Attn: Executive Director Telephone: 650 877-8500 Facsimile: 650 829-6609 with a copy to: South San Francisco Redevelopment Agency Counsel C/O Meyers, Nave, Riback, Silver & Wilson 555 12th Street, Suite 1500 Oakland, CA 94607 Attn: Agency Counsel Seller: Three Sisters Ranch LLC c/o Martin E. Ruberry P.O. Box 1444 San Carlos, CA 94070 With a copy to: Ted J. Hannig Hannig Law Firm, LLP 2991 E1 Camino Real Redwood City, CA 94061 23. Miscellaneous Provisions Litigation Costs. If any legal action or any other proceeding, including arbitration or action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged breach or default in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees and other costs, in addition to any other relief to which such Party may be entitled. Waivers; Modification. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing and executed by the waiving party. This Agreement may be amended or modified only by a written instrument executed by the Parties. Successors. This Agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors and assignees of the Parties.. 670973-1 Provisions Not Merged With Deeds. None of the provisions, terms, representations, warranties and covenants of this Agreement are intended to or shall be merged by the Grant Deed, and neither the Grant Deed nor any other document shall affect or impair the provisions, terms, representations, warranties and covenants contained herein. Without limiting the generality of the foregoing, Seller's representations, warranties and covenants contained herein shall survive the close of escrow. Construction. The section headings used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since both Parties have participated in the negotiation and drafting of this Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it. Action or Approval. Where action and/or approval by Buyer is required under this Agreement, Buyer's Executive Director may act on and/or approve such matter unless the Executive Director determines in his or her discretion that such action or approval requires referral to Buyer's Board for consideration. The time periods afforded Buyer for any event, inspection, feasibility, due diligence, escrow closing or otherwise shall not be extended by any such referral to Buyer's Board. Entire Al~reement. This Agreement, including Exhibits A to E attached hereto and incorporated herein by this reference, contains the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, understandings, representations or statements between the Parties with respect to the subject matter thereto. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Severabilitv. If any term, provision, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged thereby. No Third Party Beneficiaries. Nothing in this Agreement is intended to or shall confer upon any person, other than the Parties and their respective successors and assigns, any rights or remedies hereunder. Parties Not Co-Venturers. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another. Non-Liability of Officials, Employees and A~ents. No member, official, employee or agent of Buyer shall be personally liable to Seller or its successors in interest in the event of any default or breach by Buyer or for any amount which may become due to Seller or its successors in interest pursuant to this Agreement. 670973-1 Time of the Essence. Time is of the essence for each condition, term, obligation and provision of this Agreement. Governinfl Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws. Time for Performance. When the time for performance of any obligation under this Agreement is to be measured from another event, such time period shall include the day of the other event. If the day of the time for performance is not a regular business day, then the time for such performance shall be by the regular business day following such day. 670973-1 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. BUYER: ATTEST: By: Michael A. Wilson, Executive Director By: APPROVED AS TO FORM: By: Steven T. Mattas, Agency Counsel SELLER: By: Martin E. Ruberry, President/CEO APPROVED AS TO FORM: By: Ted J. Hannig, Counsel for Three Sisters Ranch, LLC 670973-1 EXHIBIT A PROPERTY (Attach legal description of Property to be purchased by Agency) 670973-1 EXHIBIT B FORM OF GRANT DEED RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO c/o Michael A. Wilson, City Manager 400 Grand Avenue South San Francisco, CA 94083 EXEMPT FROM RECORDING FEES PER ) GOVERNMENT CODE §§6103, 27383 ) (SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE) GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, Three Sisters Ranch Enterprises, LLC hereby grants to the Redevelopment Agency of the City of South San Francisco, a public agency ("Grantee") all that real property located in the City of South San Francisco, County of San Mateo, State of California described in Exhibit A attached hereto and incorporated herein. IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of ,20__. GRANTOR By: Three Sisters Ranch Enterprises, LLC By: Martin E. Ruberry, President/CEO Its: APPROVED AS TO FORM: 670973-1 15 (Attach legal description.) Exhibit C CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant Deed dated , 2004, fi-om to the Redevelopment Agency of the City of South San Francisco, a public agency, is hereby accepted on behalf of the Agency by its Executive Director pursuant to authority conferred by Resolution No. , adopted by the City on ,2004, and that the Agency consents to recordation of the Grant Deed by its duly authorized officer. Dated ,20 By: Michael A. Wilson, Executive Director ATTEST: By: Clerk APPROVED AS TO FORM: By: Agency Counsel 670973-1 EXHIBIT D DEFINITION OF "ENVIRONMENTAL LAWS" AND "HAZARDOUS MATERIALS" "Environmental Laws" means all federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Material (as defined subsequently in this Exhibit), or pertaining to occupational health or industrial hygiene (and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the Property), occupational or environmental conditions on, under, or about the Property, as now in effect, including without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and the Superfund Amendments and Reauthorization Act of 1986 (SARA) [42 USCA 66 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 (RCRA) and the Solid Waste Disposal Act [42 USCA 66 6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act (FWPCA) [33 USCA 66 1251 et seq.]; the Toxic Substances Control Act (TSCA) [15 USCA 66 2601 et seq.]; the Hazardous Materials Transportation Act (HMTA) [49 USCA 66 1801 et seq.]; the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) [7 USCA 66 136 et seq.]; the Clean Air Act (CAA) [42 USCA 6§ 7401 et seq.]; the Safe Drinking Water Act (SDWA) [42 USCA §6 300fet seq.]; the Surface Mining Control and Reclamation Act of 1977 (SMCRA) [30 USCA 68 1201 et seq.]; the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA or EPCRTKA) [42 USCA 6§ 1100! et seq.]; the Occupational Safety and Health Act of 1970 (OSHA) [29 USCA 88 655,657]; the California laws regarding the underground storage of hazardous substances [H & S C 66 25280 et seq.]; the Hazardous Substance Account Act [H & S C 68 25300 et seq.]; the California laws regarding hazardous waste control IH & S C 86 25100 et seq.]; the Safe Drinking Water and Toxic Enforcement Act of 1986 [H & S C 66 25249.5 et seq.]; the Porter-Cologne Water Quality Control Act [Wat C 86 13000 et seq.], and any amendments of or regulations promulgated under the statutes cited above and any other federal, state, or local law, statute, ordinance or regulation now in effect that pertains to occupational health or industrial hygiene, and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the Property, or the regulation or protection of the environment, including ambient air, soil, soil vapor, groundwater, surface water, or land use. "Hazardous Materials" includes without limitation: (a) Those substances included within the definitions of hazardous substance,hazardous waste,hazardous material, toxic substance, solid waste, or pollutant or contaminant in CERCLA, RCRA, TSCA, HMTA, or under any other Environmental Law; 17 (b) Those substances listed in the United States Department of Transportation (DOT) Table [49 CFR § 172.101 ], or by the Environmental Protection Agency (EPA), or any successor agency, as hazardous substances [40 CFR Part 302]; (c) Other substances, materials, and wastes that are or become regulated or classified as hazardous or toxic under federal, state, or local laws or regulations; and (d) Any material, waste, or substance that is: (i) a petroleum or refined petroleum product, (ii) asbestos, (iii) polychlorinated biphenyl, (iv) designated as a hazardous substance pursuant to 33 USCA 1321 or listed pursuant to 33 USCA 1317, (v) a flammable explosive, or (vi) a radioactive material. AGENDA CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDiNG COMMUNITY ROOM APRIL 14, 2004 7:30 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Council business, we proceed as follows: The regular meetings of the City Council are held on the second and fourth Wednesday of each month at 7:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the City Council on any ,Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Council Chamber's and submit it to the City Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents the City Council from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address (optional) for the Minutes. COMMENTS ARE GENERALLY 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 RAYMOND L. GREEN Vice Mayor JOSEPH A. FERNEKES Councilman RICHARD A GARBARINO, SR. Councilman PEDRO GONZALEZ Councilman RICHARD BATTAGLIA City Treasurer SYLVIA M. PAYNE City Clerk MICHAEL A. WILSON City Manager STEVEN T. MATTAS City Attorney PLEASE TURN OFF CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS · Proclamation - National Library Week, April 18-24; recipient: Library Board President Betty Battaglia · Proclamation - South San Francisco Community Development Week, April 12-18; recipient: Brooke Atherton, Community Development Assistant AGENDA REVIEW PUBLIC COMMENTS ITEMS FROM COUNCIL · Announcements · Committee Reports CONSENT CALENDAR 1. Motion to approve the minutes of March 17, 24, and April 1, 2004 2. Motion to confirm expense claims of April 14, 2004 o Resolution authorizing acceptance of grants from BEA Foundation, in the amount of $10,000, and the Town of Colma, in an amount no greater than $9,000, to support Project Read programming Resolution awarding construction contract to American Asphalt R&R Inc. for the FY 2003-04 Slurry Seal Project in the amount of$119,420.38 o Resolution awarding construction contract to L&B Environmental, Inc. for the Wet Weather-Infiltration/Inflo Program Phase I, rehabilitation of nine manholes, in the amount of $93,000 ° Resolution awarding construction contract to Blackburn/RTS for the removal of hazardous material generated at the WQCP, Wet Weather Program Phase I, in the amount of $450,000 o Resolution approving emergency sewer replacement at Golden Gate Produce Terminal by Northwest Construction Inc. in the amount of $48,700 from the sewer enterprise fund ° Resolution awarding a construction contract to Mike Brown Electric Co. for the Eccles/Forbes Signal Installation Project in the amount $95,340.00 REGULAR CITY COUNCIL MEETING AGENDA APRIL 14, 2004 PAGE 2 Resolution authorizing execution of agreement with the Peninsula Congestion Relief Alliance for the management of the South San Francisco Shuttle Program 10. Resolution authorizing acceptance of funds from Queenie Chiu Belloni for the naming of rooms at the Municipal Services Building for William M. and Louis Belloni in the amount of $100,000 and appropriate funds to the FY 2003-04 capital improvement budget PUBLIC HEARING 11. Consideration of One Year Action Plan and Statement of Objectives and projected use of funds for the Community Development Block Grant (CDBG) program for FY 2004- 05; approve resolution 12. Consideration of appeal of the Planning Commission's decision upholding determination of Chief Planner that expansion of laundry services use at 915 Linden Avenue in the C-1 Retail Commercial Zoning District is inconsistent with the General Plan in accordance with South San Francisco Municipal Code Section 20.90.020(b); Applicant/Owner: Elisa Sandoval 13. Consideration of adopting an ordinance amending Chapter 20.125, Inclusionary Housing, clarifying standards for income limits, imposing fines for non-compliance, modifying the right of first refusal and making other consistent administrative changes; waive reading and introduce an ordinance Request to continue to May 26, 2004 ADMINISTRATIVE BUSINESS 14. Resolution adopting FY 2004-05 General Fund Operating Budget COUNCIL COMMUNITY FORUM ADJOURNMENT REGULAR CITY COUNCIL MEETING AGENDA APRIL 14, 2004 PAGE 3 StaffReport AGENDA ITEM #3 DATE: April 14, 2004 TO: Honorable Mayor and City Council FROM: Library Director SUBJECT: RESOLUTION AUTHORIZING THE ACCEPTANCE OF A $10,000 GRANT FROM THE BEA FOUNDATION AND A GRANT IN AN AMOUNT NO GREATER THAN $9,000 FROM THE TOWN OF COLMA TO SUPPORT PROJECT READ PROGRAMMING AND AMENDING OF THE LIBRARY DEPARTMENT'S BUDGET FOR FISCAL YEAR 2003-2004. RECOMMENDATIONS It is recommended that the City Council authorize the acceptance of a $10,000 grant from the BEA Foundation to support Project Read's Learning Wheels program and a grant of up to $9,000 from the Town of Colma to support Project Read services, and amend the Library Department's operating budget for fiscal year 2003-2004. BACKGROUND The BEA Foundation, a donor-advised fund at the Community Foundation Silicon Library, has awarded Project Read a $10,000 grant to support the Learning Wheels project. Learning Wheels has offered mobile Families for Literacy services to residents of North San Mateo County for the last four years. During that time, it has touched the lives of more than 4,000 children and their parents. Learning Wheels provides interactive, educational games, free story times, free books, and a state of the art computer station to children who do not usually receive such services. Funds from this grant will be designated for salaries and benefits and to purchase books. The Town of Colma has asked Project Read to offer Colma residents the following services: free ESL classes, free story times, free Science Clubs and free one-on-one tutoring services. The exact amount of grant funding up to an including the $9,000 cap is contingent on service delivery and public participation in the programs. Funds from this grant will be designated for Project Read salaries, benefits and operating expenses related to services in Colma. FUNDING: Grant funds received in fiscal year 2003-2004 will be used to amend the Library Department's current budget. Grant cycles typically run for one year from time of receipt; therefore, funds not expended at the end of the fiscal year will be carried over to the next fiscal year. Receipt of th,ese'does not commit the City to on, going support after the close of the funding cycle // By: ' j __ Approved: .... Valerie Sommer Michael A. Wilson Library Director City Manager Attachment: Resolution RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING TI-[E ACCEPTANCE OF A $10,000 GRANT FROM THE BEA FOUNDATION AND A GRANT IN AN AMOUNT NOT GREATER THAN $9,000 FROM THE TOWN OF COLMA TO SUPPORT PROJECT READ SERVICES AND AMENDING THE 2003-2004 OPERATING BUDGET (NO. 04-18) WHEREAS, staff recommends the acceptance of a grant in the amount of $10,000 from the BEA Foundation and a grant in an amount not greater than $9,000 from the Town of Colma to support Project Read services; and WHEREAS, grant funds received in fiscal year 2003-2004 will be used to amend the n ' Library Departme t s cun'ent budget. BE IT FURTHER RESOLVED that the City Council hereby accepts a $10,000 grant from the BEA Foundation and a grant in an amount not greater than $9,000 from the Town of Colma to support Project Read services and amends the 2003-2004 Operating Budget (No. 04- 18) to add $19,000 to the Library Department's Operating Budget. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the __ day of ,2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk S:\Current Reso's\4-141ib.grant. B EA.res.doc StaffReport DATE: TO: FROM: SUBJECT: AGENDA ITEM #4 April 14, 2004 The Honorable Mayor and City Council John Gibbs, Director of Public Works 2003 - 2004 Slurry Seal Project; Engineering File No. 51-13231-0403; Project No. ST-03-3; BID NO. 2339 RECOMMENDATION: It is recommended that City Council adopt a resolution awarding the construction contract for the 2003 - 2004 Slurry Seal Project to the lowest responsive bidder, American Asphalt R & R, Inc., of San Carlos in the amount of $119,420.38. BACKGROUND: The project will install asphalt emulsion (slurry seal coat) at various City streets. The projects major items of work involve setting up traffic controls, the application of the asphalt emulsion (slurry seal coat), and the installation of pavement striping & pavement markings. The Engineering Division advertised the subject project and opened 5 submitted bids on March 30, 2004. The following are the bid results: CONTRACTOR American Asphalt R & R, Inc. Hayward, CA Valley Slurry Seal Co. Sacramento, CA. California Pavement Maintenance Co. Sacramento, CA Intermountain Slurry Seal Inc. Watsonville, CA BiD AMOUNT $119,420.38 $122,260.47 $143,754.53 $149,467.98 Staff Report To: Re: Date: The Honorable Mayor and City Council 2003 - 2004 Slurry Seal Project April 14, 2004 Page: 2 of 2 CONTRACTOR BID AMOUNT Graham Contractors Inc. San Jose CA. $153,752.05 Engineer's Estimate $115,432.00 American Asphalt R & R, Inc., has worked with the City of South San Francisco on previous projects and performed to the City's satisfaction. Staff has reviewed their qualifications and references and found them to be satisfactory. The time allotted for this project is 30 working days. Staff recommends that the contract be awarded to American Asphalt R & R, Inc., in the amount of $119,420.38. The following is a cost breakdown for the project budget: Construction Construction Contingency (10%) Administration/Inspection (5%) $ 119,420.38 $ 11,900.00 $ 5,500.00 Total $ 136,820.38 This project is included in the City of South San Francisco's 2003 - 2004 Capital Improvement Program (CIP). Funding for the project is as follows: Slurry Seal Project Budget (Per CIY) Measure A Funds from 51-13231-0304 $ 120,000.00 $ 16,820.38 $ 136,820.38 By: j~¥ Director Of Public Works Approved: Michael A. Wilson City Manager ATTACHMENTS: RD/JG/ed Resolution Street Slurry Seal List Map Bid Summary RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AWARDING A CONSTRUCTION CONTRACT FOR THE 2003-2004 SLURRY SEAL PROJECT TO AMERICAN ASPHALT R & R, INC. IN THE AMOUNT OF $119,420.38 WHEREAS, staff recommends that the City Council award the construction contract for the 2003-2004 Slurry Seal Project to American Asphalt R & R, Inc. in the amount of $119,420.38; and WHEREAS, this funding is included in the City of South San Francisco's 2003-2004 Capital Improvement Program. 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 2003-2004 Slurry Seal Project to the lowest responsible bidder, American Asphalt R & R, Inc. in the amount of $119,420.38. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the contract on behalf of the City of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the day of ,2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: S:\Current Reso's\4-14award.contract.american.asphalt.doc City Clerk 2003 - 2004 SLURRY SEAL PROJECT SLURRY SEAL STREET LIST Item No, 5 7 10 14 2O 27 28 3O 34 37 4O Street Name Del Paso Dr Del Paso Dr Del Paso Dr Capay Cir, Capay Cir.(Road Split) Capa¥ Cir.(Road Split) Capay Cir, Indio Dr Newman Dr Sunnyside Dr Sunnyside Dr Susie Way North Loop Susie Way South Loop Brusco Way Sandra Court Nora Way Beverly Court Iris Court Emerald Court Clover Circle Douglas Way Palm Ave Palm Ave Orange Ave Orange Ave Poplar Ave Bettman Way Reston Ct. Georgetown Ct Brunswick Ct Savannah Ct Kent Way Kent Way Haussman Ct Baldwin Hills Ct Bassett Ct Gilbert Ct Chatham Ct Howard Ct Stein Ct Beginning Ending Length Width Location Location Camaritas Ave Del Monte Ave 250 33 Del Monte Ave Indio Dr 195 33 Alta Loma Dr Camaritas Ave 585 33 Arroyo (South) Verano Dr 1,125 27 Verano Dr 105 feet from 750 12 Arroyo (North) Verano Dr 105 feet from 750 13 Arroyo (North) Road Split Arroyo (North) 105 30 Arroyo Dr El Campo Dr 1,435 27 King Dr Alta Mesa Dr 1,270 37 Miller Ave (West) Forestview Dr 800 33 Forestview Dr Holly Ave. 560 33 Susie Way North End 145 90 Loop Susie Way South End 680 34 Loop Susie Way Willow 250 33 Susie Way End 440 22 Susie Way South End 230 33 Loop Dolores Wy End 185 33 Forestview Dr End 170 28 Sunnyside Dr End 315 27 Sunnyside Dr End 160 27 Gardenside Ave Holly Ave 460 33 Orange Ave Magnolia Ave 950 29 Eucalyptus Ave Orange Ave 1,135 34 Park Way Miller Ave 1,130 37 Grand Ave Miller Ave 340 32 Park Way Palm Ave 710 28 End of Street End of Street. 925 31 King Dr End of Street. 475 31 Greendale Dr End of Street. 425 31 Greendale Dr End of Street. 425 31 Greendale Dr End of Street. 480 31 Greendale Dr End of Street. 470 31 Greendale Dr King Dr 408 37 Greendale Dr End of Street. 535 31 Greendale Dr End of Street. 488 31 Greendale Dr End of Street. 550 31 Greendale Dr End of Street. 540 31 Greendale Dr End of Street. 435 31 Greendale Dr End of Street. 385 31 Greendale Dr King Dr 480 31 Area (SF) 8,250 6,435 19,305 30,375 9,000 9,750 3,150 38,745 46,990 26,400 18,480 13,050 23,120 8,250 9,680 7,590 6,105 4,760 8,505 4,320 15,180 27,550 38,590 41,810 10,880 19,880 28,675 14,725 13,175 13,175 14,880 14,570 15,096 16,585 15,128 17,050 16,740 13,485 11,935 14,880 Area (SY) 917 715 2,145 3,375 1,000 1,083 350 4,305 5,221 2,933 2,053 1,450 2,569 917 1,076 843 678 529 945 480 1,687 3,061 4,288 4,646 1,209 2,209 3,186 1,636 1,464 1,464 1,653 1,619 1,677 1,843 1,681 1,894 1,860 1,498 1,326 1,653 Item No, Street Name Beginning Location Ending Length Location Width Area Area (SE) (SY) 41 42 43 44 45 46 47 Radburn Dr. Rowntree Way Wren Ct Longford Dr Clay Ave Clay Ave Dundee Dr Galway Dr Radburn Dr. Galway Dr Hickey BIvd Juniperro Serra Blvd Longford Dr Longford Dr (North) King Dr 1,170 37 43,290 4,810 Gellert Blvd. 625 33 20,625 2,292 End of Street. 325 31 10,075 1,119 Serra Vista School 2,840 37 105,080 11,676 (End) Longford Dr 145 54 7,830 870 Clay Park (End) ' 1,560 37 57,720 6,413 Clay Ave 1,522 37 56,314 6,257 Estimated Total Area I I 977,~83 I ~08,S76 I PROJECT NO. ST-03-3 CITY OF SOUTH SAN FRANCISCO BID OPENING DATE: 03-30-2004 BID NO. 2339 2003 - 2004 STREET SLURRY SEAL PROJECT 2:00 PM Bid Item hem Description Unit Estimated Quantity 1 Slurry Seat SY 108,576 2 Traffic Control LS 1 3 Pavement Striping& Pavement Markings LS I Total Base Bid (Bid Items I through 3) Subcontractors List American Asphalt R & P-. h]c. Valley Slurry Seal Co. California Pavement Maintenance Co.. Inc. lntermountain Slurry Seal Inc. Graham Contractors, Inc Chfisp Company Chrisp Company Chrisp Company Chrisp Company Striping Graphics California Pavement Engineer's Estimate American Asphalt R & R. lnc Valley Slurry Seal Co Maintenance Co, lnc, Intermountain Slurry Seal Inc. Graham Contractors, lnc Bid Unit Bid Total Bid Unit Bid Total Bid Unit Bid Total Bid Unit Bid Total Bid Unit Bid Total Bid Unit Bid Total Price Price Price Price Price Price $ 0.75 $ 81,432.00 $ 0.676 $ 73,397.38 $ 0.668 $ 72,528,77 $ 0.828 $ 89,900.93 $ 0.893 $ 96,958.37 $ 0.850 $ 92,289.60 $ 10,000.00 $ 10,000.00 $ 17,325.00 $ I7,325.00 $ 19,51600$ 19,516.00 $ t0,000,t)t3 $ t0,000.00 $ 22.793.85 $ 22,793.85 $ 38.000.00 $ 38.000.00 $ 24,000.00 $ 24,000.00 $ 28.298 00 $ 28,298.00 $ 30.215.70 $ 30,215.70 $ 43,853.60 $ 43,85360 $ 29,715.76 $ 29,715.76 $ 23,462.45 $ 23,46245 $ 115,432.00 $ 119.020.38 $ 122,260.47 $ 143,75453 $ 149,467.98 $ 153,752.05 SHEET 1 of 1 DATE: TO: FROM: SUBJECT: Staff Report AGENDA ITEM #5 April 14, 2004 The Honorable Mayor and City Council John Gibbs, The Director of Public Works WET WEATHER-INFILTRATION/INFLOW (INI) PROGRAM - PHASE I RECOMMENDATION: It is recommended that the City Council adopt a resolution to award a construction contract for the rehabilitation of nine manholes (see map) within the City of South San Francisco to L & B Environmental, Inc., in the amount of $93,000. BACKGROUND/DISCUSSION: The Wet Weather Program Phase I scope of work identified nine manholes that leak and are in poor condition. During heavy rains, the manholes allow storm water into the sewer system that in turn adds to sewer back ups in the Lindenville area. The manholes are also influenced by below grade tidal movements. The sealing of the manholes will eliminate storm and tidal water intrusion into the sewer system. At the City Council meeting of August 13, 2003, Council approved the use of NeoPoxy application by L & B Environmental, Inc. The results have exceeded expectations. The finished product provides a manhole that is as good as new, if not better. The system eliminates the need to remove and install new structure. FUNDING: Funding is included in the Wet Weather Program Phase I financed by the State Revolving Fund (SRF) Loan. John G~bbs Director of Public Works Approved: ,/?/5~~ ' :,--_? Michael A. Wilson City Manager ATTACHMENTS: Resolution Map Proposal for L & B Environmental, Inc. Staff Report of August 13, 2003 JG/ed RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AWARDING A CONSTRUCTION CONTRACT FOR THE REHABILITATION OF NINE MANHOLES TO L & B ENVIRONMENTAL, INC., IN THE AMOUNT OF $93,000 WHEREAS, staff recommends that the City Council award the construction contract for the rehabilitation of nine manholes to the lowest responsible bidder, L & B Environmental in the amount of $93,000; and WHEREAS, funding is included in the Wet Weather Program Phase I financed by the State Revolving Fund (SRF) Loan. 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 rehabilitation of nine manholes to the lowest responsible bidder L & B Environmental in the amount of $93,000. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the contract on behalf of the City of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the ~ day of ,2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: S:\Current Reso's\4-14award.contract. L&B.Environment. res..doc City Clerk ')4 \/C.P ~ ~,q VCP O PT RC.P ~. Victory Ave. NO. :,:It~ r-, lz x MAR. i~. 2004 2: 38PM IKOM Specializing in Asbestos, Hazardous Substance Removal & Remediation Erosion, Demolition & Land C/earing [llC, PROPOSAL March 12, 2004 City of So. San Francisco City of South San Francisco P.O. Box 711 So. San tS'aneisco, CA 94083 650-877-8538 650-829-6665fax Arm: John Gibbs Re: Manhole Rehabilitation Project Location: Various Locations So. Scm Francisco, CA Scope of Work: Pvovide all labor equipment and materials to rehabEitate I0 manholes as per site walk with ciO~ consultant. I. Survey - Fideo before and after. 2. Set up traffic controls. 3. P~ep all surfaces to receive nc~, lining. (remove handles, peessure wash, evacuate waste materials) 4. Divert flow. 5. Repair water leakage. (l~formed on T&M basi, O 6. Ci~. to supply Vat-Truck for sludge_ Total Bid Price $93,000.00 All work performed by L & B Environmental is in strict compliance with. all State, Federal and £ocal ¢odea and regzdations pertaining to confined space work. President Approved By Date 893 E~ogg~ Terrace (510) tj$3-8780 phone Fremont, CA ~¢559-70~5 (510) ~83-87~ f~ CSL8 # 747572 DOSH # 713 Central Valley Office 4460 S. Frontage Rd,, Hwy 99 (209) 952-0~06 phone Stockton, CA 952 ~ 5 (~09) 932-0610 fax StaffReport DATE: TO: FROM: SUBJECT: August 13, 2003 The Honorable Mayor and City Council Director of Public Works REHABIIJTATION OF MANHOLES ENVIRONMENTAL WITH NEOPOXY BY L&B RECOMMENDATION: It is recommended that the City Council, by motion, approve the rehabilitation of 4 manholes, within the City of South San Francisco, with NeoPoxy Systems by L&B Environmental in the amount of $38,000. BACKGROUND/DIS CUS SION: The City of South San Francisco has a large number of manholes that are over 50 years old and all were constructed in brick. The manholes, especially the four recommended in this staff report, are over 10 feet deep and one is over 18 feet deep. The manholes all are in good structural condition because very httle mortar was used in their construction and all are built reminiscent of a stone arch by the special positions of the brick. The problem is infiltration from storm water. The system recommended here will completely seal the manhole with an epoxy liner. Other municipalities have used the system and a demonstration was given to the City of South San Francisco at the Water Quality Control Plant. After reviewing installation of the product, if satisfactory, it will be programmed into the CIP. The product is also under review for pipe linings. The product is a proprietary item and requires the City Council's approval to award the contract. Staff Report To: The Honorable Mayor and City Council Re: Rehabilitation of Manholes with NeoPoxy by L&B Environmental Date: August 13, 2003 Page 2 Funding will come from the 12xrI Wet Weather Program. Jonn tJibbs - Directo7 of Public Works % ATTACHMENT: NeoPoxy Information L&B Bid Information "Ivffchdel A. Wilsbn// City Manager JG/ed NeoPoxY PureEpoxy Structural Rehabilitation NeoPoxy Corporation 6805 Sierra Court, Suite A Dublin, CA 94568-2654 Ph: 925.560.1500, Fax: 925.560.1508 www. NeoPoxy. com For And Systems ~n And Public Works InfraStructures All Products Are 100% Solids Zero-' World Leaders in Structural Corrosion Protection NeoPoxY PureEpoxy Structural Rehabilitation NeoPoxy Corporation 6805 Sierra Court, Suite A Dublin, CA 94568-2654 Ph: 925.560.1500, Fax: 925.560.1508 www. NeoPoxy. com Brief Listing of Epoxy Products The information displayed in the chart below lists a few of the NeoPoxy resins in common use within the municipal and industrial fields. Specialty epoxies for Cured-In-Place Pipe (CIPP) applications are also included. All of the materials listed herein have been extensively tested for use in underground applications. Greater detail may be obtained from the individual product data sheets located within this catalog section. This is a very limited list, we have more than 200 epoxy products.. Code Resin Type Cure System NPR-3201 Epoxy Novolac Polyamine NPR-4501 Epoxy Novolac Polyamine NPR-5301 Epoxy Novotac Polyamine NPR-1571 Epoxy Novalac Polyamine NPR-2000 Modified Bis-A Polyamine Notable Properties High tensile elongation. Bonds to PVC and other materials, even underwater. Fast system good for end seals, concrete crack filling and bonding. Cured-In-Place natural gas pipeline rehabilitations as well industrial and municipal applications where longer working time is requh'ed Very fast wet-out capability in hose lining systems. Good wet-out in felt products. High chemical resistance spray on product with wet film build of up to 500 mils. Non-brittle structure. Long working time for lining of petrolium and process water pipelines. Heat resistant versions to 400°F. ASNI/NSF Standard 61 approved epoxy for potable water and incidental food contact applications. Pressure pipeline strucutural rehabilitations from 8" ID and up. Liner wall thic ~knesses to 2" (2000 mils) Entire contents © 2001 NeoPoxy Corporation. All rights reserved; reproduction in whole or in part without permission is prohibited. We believe this information is reliable, but we do not guarantee its accuracy and assume no liability arising out of/ts use. The user should thor- oughly test any application prior to commercialization. Our recommendations should not be taken as inducements to infringe any patent or Standards Compliant Infrastructure Rehabilitation The last twenty-five years have seen tremendous innovation and proliferation of trenchless infrastructure rehabilitation solutions designed to satisfy the world's critical water handling needs. Slip lining, cured-in-place pipe, fold and form, pipe bursting, microtunneling, directional drilling, and other processes have delivered soundly engi- neered systems to infrastructure owners. These new solutions rely on nationally and internationally recognized standards to define materials, processes, design & quality assurance. The standards act as guidelines for engineers and owners, giving them a high level of confidence that the materials will perform satisfactorily for a specific period, typically 50 a year design life. As infrastructures are given ever closer scrutiny, rehabilitation needs become more finely focused. The scope, magnitude and urgency of world rehabilitation needs are growing each day and urgent as these needs are, it is important to take the time select materials and processes that give assurance of long term performance, rooted in engi- neering and scientific basis. But what if materials submitted to the engineer and owner are without proven compli- ance to a recognized reference standard? The answer is that no sound basis is available for responsible decision making, leaving the engineer and owner in the uncomfortable and potentially precarious position of relying on a manufacturer or installer's sales and marketing literature for product performance definition. We might call this % virtual reality standard of performance." Engineers and owners need not put their infrastructure at risk. It is incumbent on the materials supplier to provide independent third party testing applicable to the engineer and owner's performance requirements based on relevant standards such as ASTM, IAPMO, BS, DIN, WRc, ANSI/NSF, NACE, etc. Currently the forefront Of attention is rehabilitation of laterals, vertical pipes (man- holes) and potable water systems. The ultimate performance requirement for these structures is essentially identical to all other rehabilitation systems; they must be suit- able for use. Suitability of use is addressed by testing and compliance to the relevant national and international standards. It makes sense, and who can argue against com- mon sense? Manufacturing and delivering infrastructure rehabilitation solutions founded upon independent third party testing to ASTM, IAPMO, UL, A WWA and other international standards. NeoPoxY Dublin, CA 94568-2654 '~i~e''''-- .r,, Ph: 925.560.1500 ,::::,r[,:':~'.:~;~,:,ct http://www. NeoPoxy.com Manhole ~ eahng Elen~e'nts DATE: TO: FROM: SUBJECT: Staff Xeport AGENDA ITEM #6 April 14, 2OO4 The Honorable Mayor and City Council John Gibbs, The Director of Public Works WET WEATHER PROGRAM-PHASE I REMOVAL OF CONTAMINATED MATERIALS AT THE WATER QUALITY CONTROL PLANT RECOMMENDATION: It is recommended that City Council adopt a resolution to award a construction contract to Blackburn Construction and Management/Remedial Transportation Solution (RTS) for the removal of hazardous materials encountered during construction at the Water Quality Control Plant. BACKGROUND/DIS CUS SION: The Wet Weather Program-Phase I scope of work identified potential areas of hazardous materials that could be exposed in the course of construction. Council awarded the construction contract to Mitchell Engineering/Obayashi Corp., J.V. in October 2003. In excavating for the retention basin, hazardous material was discovered with varying levels of toxicity including lead. The contract with Mitchell Engineering requires that others perform removal and disposal of hazardous materials under separate contract. When heavy metals such as lead are encountered, the City has chosen to manage clean up and disposal activities by implementing the contractual provisions attached to this report. Since our unfortunate problems with Gibson Environmental, subsequent to our involvement in the process, no procedural problems have arisen. Following is a summary of our current procedure: · The City retains the Environmental Consultant · City or Contractor Obtains the Generator number · Contractor Secures permits for disposal · Contractor Manages/owns the material analysis under direction of City · Contractor Investigates disposal sites for conformance · Contractor Maintains control as to where materials and quantities are disposed-approved by City · Contractor Retains chain of custody Staff Report To~ Re: Date: The Honorable Mayor and City Council WET WEATHER PROGRAM-PHASE I RENEWAL OF CONTAMINATED MATERIALS CONTROL PLANT April 14, 2004 Page: 2 of 3 AT THE WATER QUALITY In this case, staff will work with the contractor to obtain an EPA Generator number assigned to the contractor for removal and disposal of the hazardous materials. Staff obtained bids from hazardous material contractors and found Blackburn Construction and Management/Remedial Transportation Solution (RTS) the lowest responsible bidder. The City has used this company on previous projects satisfactorily. Staff recommends approval of the contract to Blackburn Construction and Management/Remedial Transportation Solution (RTS). The line item for Class I and Class 1I hazardous materials will be deleted from the Mitchell Engineering/Obayashi Corp., J.V. contract. The contract with Blackburn will contain a comprehensive environmental indemnity provision and a requirement that the contractor maintain Pollution Legal Liability/Contractors coverage in an amount not less than five million dollars ($5,000,000) with the City named as an additional insured. Additionally, the contractor will be required to submit the contract and insurance policy to the City Attorney for approval prior to beginning work on the site. COMPANY Blackburn/RTS Trucking Lafayette, CA L & B Environmental Fremont, CA Mitchell/Obayashi San Francisco, CA CLASS I CLASS II $53.00/Ton $23.95/Ton $58.70/Ton $25.95/Ton $60.00/Ton $29.00/Ton It should be noted that hydrocarbon contaminated material removal may be chargeable to Shell Oil for costs. The City currently has a claim being processed for soil contamination from the Water Quality Control Plant Expansion Program. Soils containing hydrocarbons from this project will be added to the claim (approximately 90% of soil to be removed). The City successfully negotiated a $330,000 settlement with Shell when building the Generator Building at the plant in 1992. The basis of the claim was a pipe burst and valve malfunction in the Shell Oil line that runs adjacent with the Water Quality Control Plant that fills the storage tanks adjacent to the plant. The incident took place in the late 1980's. Staff Report To~ Re: Date: The Honorable Mayor and City Council WET WEATHER PROGRAM-PHASE I RENEWAL OF CONTAMINATED MATERIALS AT THE WATER QUALITY CONTROL PLANT April 14, 2004 Page: 3 of 3 Some areas within the plant remain contaminated, however, with the last expansion most has been removed and the remaining areas are paved. Staff intends to investigate as to whether there are other parties, including Shell Oil, which contributed to the hazardous materials on the site and, if identified, will seek reimbursement from them for costs incurred in disposing of the hazardous materials. FUNDING: Funding is included in the Wet Weather Program-Phase I financed by the State Revolving Fund (SRF) Loan. Estimated cost of removal (based on prices received and soils analysis $450,000) · Line items will be removed from the contract in the amount of $290,000 (credit to project $450,000) · Additional funds ($160,000 estimated) will be drawn from contingency account for the Project ($1.8 million) · Potential Reimbursement From Shell Claim for hydrocarbon contaminated soils: 1. Engineering $ 3,000 2. Construction Management $ 3,000 3. Construction $400,500 Total Project Cost (difference) DirectoI of Public Works ATTACHMENTS: Resolution $406,500 $ 43,500 Approved: /ff~g(//~ Michael A. Wilson City Manager Kleinfelder STLC & TCLP Results Blackburn Construction/RTS Trucking Proposal L&B Environmental, Inc. Proposal Mitchell/Obayashi Proposal RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AWARDING A CONSTRUCTION CONTRACT FOR THE REMOVAL OF HAZARDOUS MATEPdALS TO BLACKBURN CONSTRUCTION AND MANAGEMENT/REMEDIAL TRANSPORTATION SOLUTION, INC. IN THE AMOUNT OF $450,000 WHEREAS, staff recommends that the City Council award the construction contract for the removal of hazardous materials discovered during construction at the Water Control Plant to Blackburn Construction and Management/Remedial Transportation Solution, Inc., in the amount of $450,000; and WHEREAS, funding is included in the Wet Weather Program-Phase I financed by the State Revolving Fund Loan; WHEREAS, the contract and insurance will be approved by the City Attorney prior to the contractor beginning work. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby awards a construction contract for the removal of hazardous materials generated by the construction at the Water Quality Control Plant to Blackburn Construction and Management/Remedial Transportation Solution, Inc., in the amount of $450,000. A copy of the agreement is attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the contract on behalf of the City of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the day of ,2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: &\Current Reso's\4-14award.contract.blackbttrn.const.doc City Clerk 03/31/04 WED 15:21 FAX ~001/030 KLEINFELDER 1362 Ridder Park Drive, Sm~ Jose, Calitbmia 95131 Mr. John Gibbs City of South San Francisco 550 North Canal Street South San Francisco, California, 94083 [# af KLEINFE LDEI~, INC. 1362 Ridder Park Drive San lose, CA 9S131.1571 ~one: (a08) 43~115S Transmittal Date: 3/31/04 File: 40182/EPW Stlbj ect: Transmittal of STLC and TCLP Results from POTW Stockpile, Future Effluent Pond Area, and Trench Arcs at 1329 Lowric Avenue South San Francisco, California Attached is a Table summarizing the previous analysis of the aforementioned areas and the recent Soluble Threshold Limit Concentration (STLC) and Toxicity Characteristic Leaching Procedure (TCLP) laboratory data. In addition, we have attached the laboratory data sheets for reference. Via: [ ] Messenger [ ] First Class Mail [ ] Air Mail [ ] Express [ ] United Parcel IX] Facsimile Remarks: Thank you for the opportunity to provide Klcinfelder's professional environmental services. Transmitted: [x] As Requested Staff Engineer PART. 1 GENERAL 1.01 SUMMARY SECTION 01354 HAZARDOUS MATERIALS PROCEDURES Ao Section Includes: 1. CONTRACTOR shall provide plans, procedures, and controls to be used when encountering hazardous substances during performance of the work. CONTRACTOR shall perform all testing to determine if soil is contaminated. All costs associated with testing and disposing of contaminated material along the pipeline alignments shall be borne by the CONTRACTOR. All costs associated with testing and stockpiling contaminated soil found at the Effluent Storage Pond site shall be borne by the CONTRACTOR (Disposal of this material only will be performed by others). Co CONTRACTOR shall provide OWNER written documentation from each landfill/disposal site within the 50-mile radius stating that the contaminated soil cannot be disposed of at that location. Refer to Attachment A for the type of contaminated soil expected to be encountered along the southern and eastern edges of the Effluent Storage Pond site. 1.02 DEFINITIONS 1.03 Contaminated Soil: Soil containing a petroleum product odor and when tested contains levels such that it may not be disposed of at a Class III landfill/disposal site within a 50-mile radius of the project site. SUBMI'I-rALS Ao General: 1. Prepare and submit in accordance with the applicable provisions of Section 01330. 2. Submit permission to dispose of material from landfill/disposal site owner prior to disposing of any material off-site. Include name, address, and telephone number of disposal site and of owner. Submit weigh tickets or volume calculations, as appropriate, for all disposed materials to the ENGINEER. Contaminated Soil Excavation and Disposal Work Plan (CSEDWP): 1. The CONTRACTOR shall prepare and submit to the ENGINEER for approval a CSEDWP. The plan shall be approved prior to beginning any excavation work. 2. The CSEDWP shall address the management of contaminated soils and ground water that may be encountered along the pipeline routes or at the other work sites. All contaminated material encountered along the pipeline alignments shall be disposed of at a landfill/disposal site approved for the type of material encountered. November 11,2003 - CONFORMED H:\Final\SouthS F_WCO\4182G20\ConformedSpcs\01354.doc 01354-1 4182G20 .04 The CSEDWP shall address removal and disposal procedures for contaminated soils encountered along the pipeline alignments. The Plan will provide, at a minimum, the following information: a. The name(s) and address(es) of Subcontractor(s) for work of this Section. b. As discussed in 2.01, the methodology for all waste tracking activities to prevent the occurrence of cross contamination; excavation methods detailing operations necessary to ensure no blending of contaminated soil with non-contaminated soil; and temporary stockpiling methods at the WQCP. c. Corporate name, address, and contact person information (name, telephone, and fax number) of all hazardous waste transporters. Include proof of current permit, license, and/or authorization to transport hazardous waste within the state. d. Disposal facility information described in 2.01 herein. e. The CONTRACTOR shall submit documentation certifying that all contaminated soil materials were transported to, accepted, and disposed of, at the disposal facility. JOB CONDITIONS ko Contaminated Material: 1. The CONTRACTOR may encounter contaminated soil when performing work along the pipeline alignments or at the other work sites. PART2 PRODUCTS 2.01 CONTAMINATED SOILS A. The CONTRACTOR shall perform all work of this Section in accordance with the Construction Safety Plan in Section 01329. During excavation operations, if the CONTRACTOR encounters contaminated soil, the CONTRACTOR shall immediately implement the CSEDWP. Any non- contaminated soil that becomes mixed with contaminated soil shall be designated as contaminated soil and shall be handled and disposed as such at no additional cost to the OWNER. CONTRACTOR will not be paid for handling and disposal of the volume of non-contaminated soil at the contaminated soil price, if it is mixed with contaminated soil. The CONTRACTOR shall temporarily stockpile excavated contaminated soil at the WQCP in piles not exceeding a volume of 500 cubic yards pending soil characterization and analytical results. Stockpiles shall be securely barricaded and clearly labeled. Contaminated soils stored at the temporary stockpile area shall be covered with visqueen material to prevent the migration of contaminants from the material. CONTRACTOR shall provide temporary berms constructed of clean soil or hay bales and covered with visqueen to contain runoff from the stockpiled soil. Visqueen material shall have a thickness of at least 10 milli-inches. CONTRACTOR shall recover all rainwater or other water that collects in the temporary stockpile area. November 11,2003 - CONFORMED H:\Finai\SouthSF_W CO\4182G20\ConformedSpcs\01354,doc 01354-2 4182G20 Bo Go ° Contaminated Soil Encountered Along Pipeline Alignments: 1. The CONTRACTOR shall implement a material tracking system to track all contaminated soil between collection, excavation, stockpiling or storage, sampling and t. esting, and final disposition. The waste tracking system shall include identification of the source of the soil (location, depths, and date of excavation) and stockpile or storage location. The CONTRACTOR shall identify a minimum of one landfill that is permitted to and will accept the contaminated soils expected for disposal. The CONTRACTOR shall select landfills that are established, fully operational, and in full compliance with all applicable federal, state, and local regulations. The CONTRACTOR shall contain and properly dispose of all water generated from excavation work in contaminated areas, as described in this Section. All costs associated With testing, management, and disposal of the contaminated soil (as defined in Subsection 1.02A) shall be included in Bid Item No. 4. Contaminated Soil Encountered at Effluent Storage Pond Site: 1. The contaminated soil (see Subsection 1.02A for definition) encountereci at the Effluent Storage Pond site shall be temporarily stockpiled separately from the material encountered along the pipeline alignments. This material only will be disposed of by others within 30 days after it has been first deposited. 2. All water recovered from the temporary stockpile area containing contaminated soil from the Effluent Storage Pond site and construction dewatering system at the contaminated materials area shall be stored in tanks suitable for containment of hazardous liquid materials. The storage tanks shall be provided with sample taps and inspection covers that will permit monitoring of the tank's contents prior to removal of the water from the tank. If the rainwater and water extracted during dewatering are above the treatment plant discharge limits, the water shall be treated on-site or taken to an approved off-site recycling facility. All construction equipment used for the handling of contaminated material shall be decontaminated prior to use for other work elements or removal from site. END OF SECTION November 11,2003 - CONFORMED H:\Final\SouthSF_WCO\4182G20\ConformedSpcs\01354.doc 01354-3 4182G20 Rpp O? 04 12:28p dnas gr'een 925-944-1809 p. 1 RPR-02-2004 I2:39 INDEPENDENT CONSTRUCTION 1 925 686 1499 P,0I×01 BLACKB CONSTRUCTION / RTS TRUCKING P.O. Box 1785, Lafayette, CA 94549 (92:5) 944 -33 g ! Apdl 2, John Gibbs Ci[y of South San Francisco P.O. Box 711 South San Francisco, CA 94083 Re: Waste Treatment Plant, South San Frands¢o Dear John, The following is a "Proposal" for the removal of contaminated material from Waste Treatment Plant, City of South San Francisco. Work to be performed in compliance with all State, Federal and Loc, al Regulations. PROPOSAL 1 Class I NONHS (Kettlemen City) $ 53.00/Ton Transport/Disposal 2 Class II $ 23.95 / Ton Transport/Disposal 3 Class III $ 17.50 / Ton Transport/Disposal '"Soil Profiling: Additional profiling costs if required will be billed at cost If you have any questions please don't hesitate to give me a call, Sincerely, John Green President TDTRL P.O1 Apr 02 T~rr~ T~mmlrtetl COI~PA dries [teen 925-9~-1809 Department of Toxic Substances Control Eclwin F, Lowry, Director 8800 Cai Center Drive Sacramento, California 95826-3200 p.2 p.2 Arn~fl3 ~chwnmeneog~r Governor ***HAZARDOUS WASTE TRANSPORTER REGISTRATION'** NAME AND ADDRESS OF REGISTERED TRANS .PORTER: REMEDIAL TRANSPORTATION SERVICES, INC. P.O. BOX 81856 BAKERSFIELD, CALIFORNIA 93380 TRANSPORTER REGISTRATION NO: 42T6 EXPIRATION DATE: NOVEMBER 30, 2004 THIS IS TO CERTIFY THAT THE FIRM NAMED ABOVE IS DULY REGISTERED TO TRANSPORT HAZARDOUS WASTE IN THE STATE OF CALIFORNIA IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 6.5, DIVISION 20 OF THE HEALTH AND SAFETY CODE AND TITLE 22 OF THE CALIFORNIA CODE OF REGULATIONS, DIVISION 4,5. THIS REGISTRATION CERTIFICATE MUST BE CARRIED WITH EACH SHIPMENT OF HAZARDOUS WASTE. FOR REGISTRATION INFORMATION, PLEASE CALL (916)255-4368. NOV 2 (DATE) Thc oneF. jy ~hefler~ge facing California i~ zu~l_ Eueq/ Catlfomta~ noo~ fo ~*]ku immedipte octlott tO reduce er~rgy nnnsumpffon. Printed on Rocyct(.'d Paper Rpr 02 04 08:28a dnas ~reen 925-944-1809 Rpr 02 04 10:04a RTS ~661)74G-1172 p.3 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION HAZARDOUS MATER/ALS CERTIFICATE OF REGISTRATiON FOR REGISTRATION YEARS 2002-2004 Registrznt: REMEDIAL TRANSPORTATION SOLUTIONS INC Attn: Debra Buss Vehicle Registrati PO Box 81856 Bakersfield, CA 93880 This certifies ll~t the registrant is regislcrt~d with the U.S. Dt'pa~ment of TrmlspormEon as n~qui~d by 49 CI~R Pmk. 107, Subpart G. This certiflcat~ is issu~l under the authority 0f49 U.S.C. 5108. It is unlnwfL,! to alter or falsify this docmne~xt. Reg. No: 020703 550 O05KL lanued: 02/19t03 Expire~: 06/30/04 Rlcord keeping P. Bquimn~nll Igr the RegislrafJorl Prog~m The Iollow~g muai be maintained al the pr~=lpa/pl~ce of business 1or a period of three yea~s from the data of issuance of ~ Cedificate of Registration: (1) A c~py of the reglstralion slaternent filed with RSPA; and (2) This CaUlk:al= of Registmten Each perso~ eVOje~ to Ire regi~ml~ requirement must fu~sh ~at ~n's Cenl~te d R~ist~tion (ma ~y) ~d all ~er ~ a~ inf~a~n pe~in~g to ~ In~a~bn ~iflod in ~c reg~t~ti~ ~bme~ ~ an a~zed ~ve or ~al agent of ~ U. S, De. emit ol Tmn~dat[on u~n r~uest, Each motor cartier (private or for.hire) and each vo..~el operator subied 1o th,. registration requirement must keep a copy o! lhe current COrllIV..I~ of Reg~atien or another ~umant bea~g ~ rcgi=lration number idenllljacl as ~ 'U.$. DOT Hazmaf Reg. NO.' In each truck a~d truck tractor or vassal (trailers and semi-traitera eel included} used to transport hazardous real.als subjed ~ ~ fagi~Iralion requirement. The Cer~loate of Reglsltatiort or docl~ment beating the regis~at~e~ number musl be made available, UlXTrl ~equest, to enfomement personnel, For inleamat~on, c0~ta~ the ~*-rdous Materials Regi~tralion Manager, DHU-60 Rasaargh and Programs N::ll~]n]altalJon, U.~. Department of Transportation, 4{30 Sevenlh $1test, SW, Washington, DC 20590, =lei=hone (202) 366-4109. p.4 MOTOR CARRIER PERMIT From: M~tt~r' C~r~:[~ P~I Branch P.O. BOx 9~23'/0 CA~: 0240284 Sacmmemo, CA 94232.3700 R. It.MEDIAL TRAN.qPORTATION ~OL'UTION$ PO BX 81 fl56 BAKERSFIELD, CA 93380 USA gcqucncc/h ~ull Year Corporation 925-944-1809 IO.5 p.5 Alliance for Uniform HazMat Transportation Procedures Uniform Program Credentials REMEDIAL TRANSPORTATION PO BOX 81856 BAKERSFIELD CALIFORNIA 93380 ALLIANCE For Uniform FIAZMAT Transportaiion PrOC..edtmres USOOT Census #: 1089698 ICC #: EPA Transoortation Ids; CAR000127910 · Intrastate Motor Cerder #: Ptione Number to call in case of an accident or emergency; 661-7z[6-q 132 Unlfomn Program ID: UPM-1089698-NV Issuance Date: February 3, 2004 Expiration December 31, 2004 Issuing Agency: Nevada Highway Patrol Agency Phone Numbet: (77~) 684-46:22 ANY RI~i~.~R~:M~NT. T~RM 43. C~DITIDN ~P ~NV ~ ~ O~ ~U~T ~ R~T ~ ~ ~ ~A~ MaY ~ I~O O~ p.6 Specializing in Asbestos, Hazardous Substance Removal & Remediation Erosion, Demolition & Land Clearing PROPOSAL March 8, 2004 City of So, San Francisco City of South San Francisco P.O. Box 711 So. San Francisco, CA 94083 650-877-8538 650-829-6665fax Arm: John Gibbs Re: Hazardous Soil Removal Project Location: Waste Water Treatment Plant BoNe Air Rd., So. San Francisco, 6'.4 Scope of Work: Provide all labor equipment and materials to perJbrm profiling, transportation & disposal of contaminated soil, approx. 15,000 tons* located on Belle Air Rd, So. San Francisco, CA. Class I RCRA hazardous Cass I Non-RCtL4 hazardous Class 11- non-hazardous soil Class !II- non-hazardot~ soil $ I 49.95 per ton for transportation & disposal. $ 5. 72 per ton BOF, clean zip tax. $ 58. 70per ton for transportation & disposal via truck to Kettleman Hills. $ 5. 72 per ton BOF, clean 'up tm: $ 25.95 per ton for transportation & disposal Based on 3 loads pe~' day (Vasco, Altamont & ()x Mtn.) $ 19.50 per ton./bt transportation & disposal Based on 3 loac~ per day (7/asco: Altamont & Ox Mtn.) *All prices are based on above quantities, + 50% decrease in volume may increase per unit price. All *~ork performed by L & B Environmental ia in strict compliance ,vith all State, Federal and Local codes and regulations pertaining to hazardous remediation. L & B Environmental, Inc. Approved By Date Corporate Office 893 Boggs Terrace (510) 683-8780 phone Fremont, CA 94539-7095 (510) 683-8782 tax 'I;/'[; 'd 95E 'ON CSLB #747572 DOSH #713 Central Valley Office 4460 S, Frontage Rd,, Hwy 99 (209) 932-0606 phone Stockton, CA MITCHELL/OBAYASHI Number 1 2 Item Unit Mobilization LS Sheeting, shoring and bracing or LS equivalent method for the protection of life and limb in trenches and open excavation in accordance with Section 02260 of the Contract Documents. Preparation and submittal of a written LS geotechnical report as specified in Division 2, including field investigations, soil.sampling, laboratory testing, and interpretation of the data by a registered geotechnical engineer for the purpose of shoring design, dewatering, and other temporary facilities. -q'~ and disposal of contaminated Ton soil in accordance with Section 01354 of the Contract Documents. Construction of the Wet Weather LS Program Phase 1 Improvements not included in other bid items. 6 Demobilization LS Total Estimated Unit Estimated Quantity Price Price $ 10,000 TOTAL OF ALL ESTIMATED PRICES (Items 1 through 6) (Price in figures) (Price in words) Unit Prices have been computed in accordance with paragraph 11.03 of the General Conditions. 6.01 Bid Alternates A The undersigned Bidder offers to make, at the following bid alternate prices, the changes in the Work covered by the Unit Price Bid that is specified in the bid alternate priced below. B It is understood that: 1. The bid alternate price must be filled in. 2. The acceptance or rejection of this bid alternate is at the option of OWNER. 00410-3 4182G10 February 12, 2003 H:\Fina~SouthSF_W CO\4182910\spc\100PercentFinat~00410.doc StaffReport AGENDA ITEM #7 DATE: TO: FROM: SUBJECT: April 14, 2004 Honorable Mayor and City Council Terry White, Director of Maintenance Services Produce Terminal Sewer Line Replacement RECOMMENDATION It is recommended that the Council, adopt a resolution to award an emergency repair contract to Northwest Construction Inc, to repair two hundred feet of ten inch sewer line that services the Golden Gate Produce Terminal, and appropriate $48,700 from the Sewer Enterprise Fund to accomplish the work. BACKGROUND/DISCUSSION The ten inch sewer line that services the Golden Gate Produce Terminal and surrounding businesses has been failing slowly over the past several years. Maintenance staff have repeatedly cleaned it with negative results. It was a steel pipe with a cementaous outer coating to protect the metal and an inner steel sleeve. The pipe had rusted through in areas and was cracked. The inner sleeve had also rusted through causing it to fail, protrude, and generally catch any debris flowing through the pipe, clogging it routinely. Several weeks ago it became plugged beyond cleaning, forcing us to vacuum the up stream manhole everyday. Over time the line cleared enough to flow again and we checked it everyday. It was a steel pipe rather than the standard clay because it passed under a portion of the San Bruno slough on its way to the Shaw Road pump station. As it had become unserviceable, it needed to be repaired quickly to prevent overflow into the bay water. Staffselected a repair process known as "pipe bursting" to replace the pipe without trenching with a slightly smaller HDPE plastic pipe replacing the steel. Given the wet muddy soil conditions and environmental concerns about the tidal marsh land area, digging was not a viable option. Work began on April 2, 2004 and was completed by April 9, 2004. No problems of serious nature occurred during the process, the marsh/wetland was not disturbed in any way, and service was maintained to all customers during the process. FUNDiNG Staff sought informal bids with options for other processes and received two, one from Bay Pacific Pipelines and one from Northwest Construction. Staff selected the Northwest Construction bid at $48,700 as the lowest responsible bid. Funding for this work will come from the Sewer Enterprise Fund. Staff Report Subject: Page 2 Produce Terminal Sewer Line Replacement CONCLUSION Due to the condition of the pipe and the availability of the contractor, the work needed to proceed as quickly as possible to expedite the repair and prevent spillage. Other options would have cost three times as much and would have taken longer to complete. The work was accomplished by the Contractor through a joint effort of the Maintenance Services and Engineering staff members. Director'-o-f Maintenance Services Approve: Michael A. Wilson City Manager Attachments: Photos of work site. RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AWARDING AN EMERGENCY REPAIR CONTRACT TO NORTHWEST CONSTRUCTION INC., TO REPAIR TWO HUNDRED FEET OF TEN INCH SEWER LINE THAT SERVICES THE GOLDEN GATE PRODUCE TERMINAL AND APPROPRIATING $48,700 FROM THE SEWER ENTERPRISE FUND WHEREAS, pursuant to Public Contracts Code sections 20168 and 22050 staff recommends that the City Council award the construction contract for the emergency repair contract to Northwest Construction Inc., to repair two hundred feet of ten inch sewer line that services the Golden Gate Produce Terminal in the amount of $48,700; and WHEREAS, funding for this work will come from the Sewer Enterprise Fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby awards an emergency repair contract to Northwest Construction Inc. to repair two hundred feet of ten inch sewer line that services the Golden Gate Produce Terminal and appropriates $48,700 from the Sewer Enterprise Fund to complete this project. A copy of the contract is attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the contract on behalf of the City of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the __ day of ,2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: S:\Current Reso's\4-14award.contract.northwest.construction.res.doc City Clerk Equipment used to pull in new pipe San Bruno Slough Pump Station and the building is in the background. Pipe bursting cable~ burster~ and HDBE[ pipe ready to be pulled through pipa~ portions of pipe and inner sleeYe. BurSter being pulted into insertion pitito begin the process. StaffReport DATE: TO: FROM: SUBJECT: AGENDA ITEM #8 April 14, 2004 The Honorable Mayor and City Council John Gibbs, Director of Public Works ECCLES AVENUE/FORBES BOULEVARD SIGNAL INSTAl J,ATION PROJECT ENGINEERING FILE TR-98-01, PROJECT NO. 51-13231-0210, BID NO. 2327 RECOMMENDATION: It is recommended that City Council adopt a resolution to award the construction contract for the Eccles Avenue/Forbes Boulevard Signal Installation Project to Mike Brown Electric Co., in the amount of $95,340.00. BACKGROUND/DISCUSSION: This project will provide a new traffic signal at the intersection of Eccles Avenue and Forbes Boulevard. Union Pacific Railroad will also be installing equipment that interconnects to our controller cabinet to control vehicles when a train is on the track. The new traffic signal will significantly improve the traffic flow for commuters in the area and increase safety at the intersection. A total of four contractors requested bid packages and three bids was received as follows: CONTRACTOR BID AMOUNT Mike Brown Electric Co. $ 95,340.00 Cotati, CA W. Bradley Electric, Inc. Novato, CA $121,520.00 Steiny & Company, Inc. Vallejo,CA $139,785.00 Engineer's Estimate $ 90,000.00 Staft Report To: Re: Date: The Honorable Mayor and City Council Eccles Avenue/Forbes Boulevard Signal Installation Project April 14, 2004 Page: 2 of 2 Staff has reviewed the qualifications and references for Mike Brown Electric Co., and found them to be satisfactory. Staff recommends that the contract be awarded to Mike Brown Electric Co., in the amount of $95,340.00. The following is a breakdown of the project budget: City Supplied Equipment Construction Contingencies (8%) Construction Inspection/Administration $ 22,600.00 $ 95,340.00 $ 7,500.00 $ 9,500.00 Total $134,940.00 Construction is expected to start in the middle of May 2004 and be completed by the end of July 2004. FUNDING: This project is included in the City of South San Francisco's 2003-2004 Capital Improvement Program (CIP/51-13231-0210) in the amount of $270,000.00. By: John Gibl~s Director of Public Works Approved: ./~'~~ Michael A. Wilson City Manager ATTACHMENTS: Resolution Map RTH/TS/JG/ed RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION A~rARDING A CONSTRUCTION CONTRACT FOR THE ECCLES AVENUE/FORBES BOULEVARD SIGNAL INSTALLATION PROJECT TO MIKE BROYVN ELECTRIC COMPANY IN THE AMOUNT OF $95,340 WHEREAS, staff recommends that the City Council award the construction contract for the Eccles Avenue/Forbes Boulevard Signal Installation Project to the lowest responsible bidder, Mike Brown Electric Company in the amount of $95,340; and WHEREAS, this project is included in the City of South San Francisco's 2003-2004 Capital Improvement Program in the amount of $270,000. 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 Eccles Avenue/Forbes Boulevard Signal Installation Project to the lowest responsible bidder, Mike Brown Electric Company in the amount of $95,340. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the contract on behalf of the City of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the __ day of ,2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: S:\Current Reso's\4-14award.contract. mike.brown.res.doc City Clerk ~ ~ L. OCAq'ION M~ OStaffReport .4 GEND.4 ITEM #9 DATE: TO: FROM: SUBJECT: April 14, 2OO4 Honorable Mayor and City Council Barry Nagel, Assistant City Manager TERMINATION AND MODIFICATION OF AGREEMENT CONCERNING MANAGEMENT OF THE SOUTH SAN FRANCISCO SHUTTLE PROGRAM RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to execute an agreement between the Peninsula Traffic Congestion Relief Alliance and the City of South San Francisco for the management of the South San Francisco Shuttle Program. BACKGROUND/DISCUS SION As the Council is aware, the City is engaged in the operation of an employer-based shuttle bus program, providing shuttle bus service from certain BART and Caltrain Stations to shuttle stops at various locations east of Highway 101. On August 11, 1998, the City entered into an agreement with the Multi-City TSM Agency, a joint powers agency (MTSMA), entitled "Agreement Concerning Management of the South San Francisco IShuttle Program." Under the terms of this original agreement, MTSMA assumed primary management responsibility for operation of the South San Francisco Shuttle Program. The original agreement with MTSMA was totally amended and superseded by as "Amended and Restated Agreement Concerning Management of the South San Francisco Shuttle Program" between the City and MTSMA dated May 7, 1999 ("Restated Management Agreement"). The Peninsula Traffic Congestion Relief Alliance is the successor in interest to MTSMA under the Restated Management Agreement and has assumed and is currently performing all of the responsibilities of MTSMA specified therein. However, the City continues to be the lead agency entering into the funding, consortium, and vendor agreements. As such, the City is potentially responsible for any shortfalls from the lack of employer contributions. The Council will recall that approximately 75% ($412,500) of the shuttle funding is from SamTrans, Joint Powers Board, and the Transportation Authority, while the remaining 25% ($137,500) is generated from employer contributions. Unfortunately, most employer contributions are voluntary - not mandated, which can result in a shortage of funds for the services provided. Honorable Mayor and City Council Subject: TERMINATION AND MODIFICATION OF AGREEMENT CONCERNING MANAGEMENT OF THE SOUTH SAN FRANCISCO SHUTTLE PROGRAM April 14, 2004 Page 2 At this point, the Alliance has agreed to further assume total management control over the operation of the South San Francisco Shuttle Program and to perform all of the responsibilities of the City specified in the Restated Management Agreement. Upon assumption by the Alliance of the City's responsibilities under the Restated Management Agreement, such Agreement will be terminated. However, certain provisions concerning the City's responsibility to cooperate with the Alliance in preparation of grant applications and marketing, and provisions concerning mutual indemnification will continue as set forth in the new agreement. Concurrent with the assumption of the City's responsibilities under the Restated Management Agreement, the City shall assign and transfer to the Alliance all of the rights, titles and interests of the City in and to each of the following agreements and the Alliance shall accept such assignment and agree to perform all of the duties and responsibilities of the City under each of these agreements: (a) The Rail Shuttle Bus Service Administration Agreement between the City and the San Mateo County Transit District (SamTrans), dated March 31, 1999, as amended ("SamTrans Funding Agreement"), with a consent to such assignment executed by SamTrans. (b) The Rail Shuttle Bus Administration Funding Agreement between the City and the Peninsula Corridor Joint Powers Board, dated December 11, 1998, as amended ("JPB Funding Agreement"), with a consent to such assignment executed by the Peninsula Corridor Joint Powers Board. (c) The Rail Shuttle Bus Administration Funding Agreement between the City and the San Mateo County Transportation Authority, dated September 8, 2003 ("TA Funding Agreement"), with a consent to such assignment executed by the San Mateo County Transportation Authority. (d) The Amended and Restated Consortium Agreement between South San Francisco Shuttle Group Employers, dated August 1, 2001 ("Consortium Agreement"). The City shall give written notice of such assignment to each employer who is then a party to the Consortium Agreement and shall instruct the employers that all future payments under the Consortium Agreement shall be made payable to."Peninsula Traffic Congestion Relief Alliance" and shall be mailed or delivered to the Alliance's business address. The notice of assignment shall also contain the name, mailing address, telephone number, fax number, and email address for the person designated by the Alliance as the contact person for the Consortium Agreement. (e) The Vendor Agreement between the City and Parking Company of America, originally dated May 7, 1999, as extended by shuttle service extensions, the most recent extension being effective July 1, 2003 ("Vendor Agreement"). The City shall give written notice of such assignment to Parking Company of America. Honorable Mayor and City Council Subject: TERMINATION AND MODIFICATION OF AGREEMENT CONCERNING MANAGEMENT OF THE SOUTH SAN FRANCISCO SHUTTLE PROGRAM April 14, 2004 Page 3 CONCLUSION Staff is recommending that the City Council adopt a resolution authorizing the City Manager to execute an agreement between the Peninsula Congestion Relief Alliance and the City of South San Francisco for the management of the South San Francisco Shuttle Program. ~Bar~ M. Nagel Assistant City Manager Approved: Michael A. Wilso~n City Manager Attachments 1. Resolution 2. Termination and Modification of Francisco Shuttle Program 3. Assignment Agreements a. b. C. d. e. Agreement Concerning Management of the South San SamTrans Funding Agreement Joint Powers Board Funding Agreement Transportation Authority Funding Agreement Consortium Agreement Vendor Agreement (1) RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE PENINSULA TRAFFIC CONGESTION RELIEF ALLIANCE AND THE CITY OF SOUTH SAN FRANCISCO FOR THE MANAGEMENT OF THE SOUTH SAN FRANCISCO SHUTTLE PROGRAM WHEREAS, historically the City has been the lead agency in managing the South San Francisco Shuttle Program; and, WHEREAS, the Peninsula Congestion Relief Alliance and the participating agencies have determined that the Shuttle Program can be efficiently operated by the Alliance; and, WHEREAS, the Alliance and the City have agreed to transfer management of the Program to the Alliance and assign all contracts with the participating employers to the Alliance for continued monitoring and management; and, WHEREAS, staff recommends that Council authorize an agreement between the Peninsula Congestion Relief Alliance and the City of South San Francisco to implement the transfer of management responsibilities for the South San Francisco Shuttle Program to the Alliance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council authorizes an agreement between the Peninsula Traffic Congestion Relief Alliance and the City of South San Francisco for the management of the South San Francisco Shuttle Program. The agreement is attached hereto as Exhibit A. BE IT FURTHER RESOLVE that the City Manager is hereby authorized to execute the agreement on behalf of the City of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the day of ,2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk S:\Current Reso's\4-14Peninsula.txaffic.congesfion.relief. res.doc TERMINATION AND MODIFICATION OF AGREEMENT CONCERNING MANAGEMENT OF THE SOUTH SAN FRANCISCO SHUTTLE PROGRAM THIS AGREEMENT, dated ,2004, by and between THE PENINSULA TRAFFIC CONGESTION RELIEF ALLIANCE, a joint powers agency ("the Alliance"), and THE CITY OF SOUTH SAN FRANCISCO, a municipal corporation ("City"), is made with reference to the following facts: A. City is engaged in the operation of an employer-based shuttle bus program ("the South San Francisco Shuttle Program") for providing shuttle bus service from certain BART and Caltrain stations to shuttle stops at various locations within the East of 101 Park. B. On August 11, 1998, City entered into a certain agreement with the Multi-City TSM Agency, a joint powers agency ("MTSMA"), entitled "Agreement Concerning Management of the South San Francisco Shuttle Program" ("the Original Management Agreement"), under the terms of which MTSMA assumed primary management responsibility for operation of the South San Francisco Shuttle Program. C. The Original Management Agreement was totally amended and superseded by an "Amended and Restated Agreement Concerning Management of the South San Francisco Shuttle Program" between City and MTSMA dated May 7, 1999 ("the Restated Management Agreement"). D. The Alliance is the successor in interest to MTSMA under the Restated Management Agreement and has assumed and is currently performing all of the responsibilities of MTSMA specified therein. E. The Alliance has agreed to further assume total management control over operation of the South San Francisco Shuttle Program and to perform all of the responsibilities of City specified in the Restated Management Agreement. F. Upon assumption by the Alliance of City's responsibilities under the Restated Management Agreement, such Agreement will be terminated; however, certain provisions concerning the City's responsibility to cooperate with the Alliance in preparation of grant applications and marketing, and provisions concerning mutual indemnification will continue as hereinafter set forth. NOW, THEREFORE, it is agreed as follows: 1. On the Effective Date specified in Section 6 of this Agreement, the Alliance will assume and thereafter perform all of the duties and responsibilities of City under the Restated Management Agreement. On or before the Effective Date, City shall deliver to the Alliance all funds then held by City as Fiscal Agent under the Restated Management Agreement together 1089018.1 with such records and documents in the possession of City pertaining to the operation of the South San Francisco Shuttle Program as may be requested by the Alliance. 2. Concurrent with the assumption of City's responsibilities under the Restated Management Agreement, City shall assign and transfer to the Alliance all of the fight, title and interest of City in and to each of the following agreements and the Alliance shall accept such assignment and agree to perform all of the duties and responsibilities of City under each of these agreements: (a) The Rail Shuttle Bus Service Administration Agreement between City and the San Mateo County Transit District ("SamTrans"), dated March 31, 1999, as amended ("the SamTrans Funding Agreement"), with a consent to such assignment executed by SamTrans. (b) The Rail Shuttle Bus Administration Funding Agreement between City and the Peninsula Corridor Joint Powers Board, dated December 11, 1998, as amended ("the JPB Funding Agreement"), with a consent to such assignment executed by the Peninsula Corridor Joint Powers Board. (c) The Rail Shuttle Bus Administration Funding Agreement between City and the San Mateo County Transportation Authority, dated September 8, 2003 ("the TA Funding Agreement"), with a consent to such assignment executed by the San Mateo County Transportation Authority. (d) The Amended and Restated Consortium Agreement Between South San Francisco Shuttle Group Employers, dated August 1, 2001 ("the Consortium Agreement"). City shall give written notice of such assignment to each employer who is then a party to the Consortium Agreement and shall instruct the employers that all future payments under the Consortium Agreement shall be made payable to "Peninsula Traffic Congestion Relief Alliance" and shall be mailed or delivered to the Alliance's business address. The notice of assignment shall also contain the name, mailing address, telephone number, fax number, and e-mail address for the person designated by the Alliance as the contact person for the Consortium Agreement. (d) The Vendor Agreement between City and Parking Company of America, originally dated May 7, 1999, as extended by shuttle service extensions, the most recent extension being effective July 1, 2003 ("the Vendor Agreement"). City shall give written notice of such assignment to Parking Company of America. 3. The City hereby agrees to cooperate with the Alliance in the preparation of grant applications for continuance of funding for the South San Francisco Shuttle Program or grant funds to finance increases in the levels of service provided by the South San Francisco Shuttle Program. 4. The City hereby agrees to assist the Alliance in the marketing and promotion activities for the South San Francisco Shuttle Program, contingent upon the availability of capacity to handle any increased ridership that may result from such efforts. 1089018.1 5. The Alliance hereby agrees to indemnify, defend and hold City, and any of its Council members, officers, employees or agents, harmless from and against any claims, demands, causes of action, costs, expenses, or liabilities arising from or related to the performance of the Alliance's duties and responsibilities under this Agreement, the SamTrans Funding Agreement, the JPB Funding Agreement, the TA Funding Agreement, the Consortium Agreement, and the Vendor Agreement as of the date of this Agreement and from and after the Effective Date of assignment of such other Agreements by City to the Alliance. City hereby agrees to indemnify, defend and hold the Alliance, and any of its Board members officers, employees or agents, harmless from and against any claims, demands, causes of action, costs, expenses, or liabilities arising from or related to the performance by City of its duties and responsibilities under this Agreement, the SamTrans Funding Agreement, the JPB Funding Agreement, the TA Funding Agreement, the Consortium Agreement, and the Vendor Agreement as of the date of this Agreement and from and after the Effective Date of assignment of such other Agreements by City to the Alliance. 6. The Effective Date of this Agreement shall be As of such date and upon assumption by the Alliance of the City's responsibilities under the SamTrans Funding Agreement, the JPB Funding Agreement, the TA Funding Agreement, the Consortium Agreement, and the Vendor Agreement, the Restated Management Agreement shall be terminated and have no further force or effect except with respect to the responsibilities and indemnification that survive pursuant to this Agreement. Each of the parties agrees to execute such additional instruments and documents as may be necessary to accomplish a modification and termination of the Restated Management Agreement and a complete transfer to the Alliance of all duties, obligations, and responsibilities performed by City in connection with the operation of the South San Francisco Shuttle Program. 1089018.1 'IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE PENINSULA TRAFFIC CONGESTION RELIEF ALLIANCE, A joint powers agency ATTEST: By: Title: THE CITY OF SOUTH SAN FRANCISCO, A municipal corporation By: Title: City Clerk City Attorney 1089018.1 ASSIGNMENT OF RAIL SHUTTLE BUS SERVICE ADMINISTRATION AGREEMENT (3a) The CITY OF SOUTH SAN FRANCISCO, a municipal corporation ("City"), hereby assigns and transfers to the PENINSULA TRAFFIC CONGESTION RELIEF ALLIANCE, a joint powers agency, all of City's right, title and interest in and to that certain RAIL SHUTTLE BUS SERVICE ADMINISTRATION AGREEMENT, dated March 31, 1999, as amended (the "Funding Agreement"), between City and the SAN MATEO COUNTY TRANSIT DISTRICT, a public agency, pertaining to the South San Francisco Shuttle Bus Program. This Assignment shall be effective on This Assignment may be executed in counterparts each of which may be deemed an original, but together shall be deemed a single Assignment. CITY OF SOUTH SAN FRANCISCO Dated: By: Title: ACCEPTANCE OF ASSIGNMENT The PENINSULA TRAFFIC CONGESTION RELIEF ALLIANCE, a joint powers agency, accepts the foregoing assignment of the Funding Agreement and hereby assumes and agrees to perform all of the duties and responsibilities of City thereunder. PENINSULA TRAFFIC CONGESTION RELIEF ALLIANCE Dated: By: Title: CONSENT TO ASSIGNMENT The SAN MATEO COUNTY TRANSIT DISTRICT consents to the foregoing assignment of the Funding Agreement to the Peninsula Traffic Congestion Relief Alliance and hereby releases and discharges the City from any further obligation or liability under the Funding Agreement from and after the effective date of this Assignment. SAN MATEO COUNTY TRANSIT DISTRICT Dated: By: Title: 1 1088428.1 ASSIGNMENT OF RAIL SHUTTLE BUS SERVICE ADMINISTRATION AGREEMENT (3b) The CITY OF SOUTH SAN FRANCISCO, a municipal corporation ("City"), hereby assigns and transfers to the PENINSULA TRAFFIC CONGESTION RELIEF ALLIANCE, a joint powers agency, all of City's right, title and interest in and to that certain RAIL SHUTI'LE BUS SERVICE ADMINISTRATION AGREEMENT, dated December 11, 1998, as amended (the "Funding Agreement"), between City and the PENINSULA CORRIDOR JOINT POWERS BOARD, a public agency, pertaining to the South San'Francisco Shuttle Bus Program. This Assignment shall be effective on . This Assignment may be executed in counterparts each of which may be deemed an original, but together shall be deemed a single Assignment. CITY OF SOUTH SAN FRANCISCO Dated: By: Title: ACCEPTANCE OF ASSIGNMENT The PENINSULA TRAFFIC CONGESTION RELIEF ALLIANCE, a joint powers agency, accepts the foregoing assignment of the Funding Agreement and hereby assumes and agrees to perform all of the duties and responsibilities of City thereunder. PENINSULA TRAFFIC CONGESTION RELIEF ALLIANCE Dated: By: Title: CONSENT TO ASSIGNMENT The PENINSULA CORRIDOR JOINT POWERS BOARD consents to the foregoing assignment of the Funding Agreement to the Peninsula Traffic Congestion Relief Alliance and hereby releases and discharges the City from any further obligation or liability under the Funding Agreement from and after the effective date of this Assignment. PENINSULA CORRIDOR JOINT POWERS BOARD Dated: By: Title: I 1088428.1 ASSIGNMENT OF RAIL SHUTTLE BUS SERVICE FUNDING AGREEMENT (3c) The CITY OF SOUTH SAN FRANCISCO, a municipal corporation ("City"), hereby assigns and transfers to the PENINSULA TRAFFIC CONGESTION RELIEF ALLIANCE, a joint powers agency, all of City's right, title and interest in and to that certain RAIL SHUTTLE BUS SERVICE FUNDING AGREEMENT, dated September 8, 2003 (the "Funding Agreement"), between City and the SAN MATEO COUNTY TRANSPORTATION AUTHORITY, a public agency, pertaining to the South San Francisco Shuttle Bus Program. This Assignment shall be effective on This Assignment may be executed in counterparts each of which may be deemed an original, but together shall be deemed a single Assignment.. CITY OF SOUTH SAN FRANCISCO Dated: By: Title: ACCEPTANCE OF ASSIGNMENT The PENINSULA TRAFFIC CONGESTION RELIEF ALLIANCE, a joint powers agency, accepts the foregoing assignment of the Funding Agreement and hereby assumes and agrees to perform all of the duties and responsibilities of City thereunder. PENINSULA TRAFFIC CONGESTION RELIEF ALLIANCE Dated: By: Title: CONSENT TO ASSIGNMENT The SAN MATEO COUNTY TRANSPORTATION AUTHORITY consents to the foregoing assignment of the Funding Agreement to the Peninsula Traffic Congestion Relief Alliance and hereby releases and discharges the City from any further obligation or liability under the Funding Agreement from and after the effective date of this Assignment. SAN MATEO COUNTY TRANSPORTATION AUTHORITY Dated: By: Title: 1 1088428.1 (3d) ASSIGNMENT OF CONSORTIUM AGREEMENT BETWEEN SOUTH SAN FRANCISCO SHUTTLE GROUP EMPLOYERS The CITY OF SOUTH SAN FRANCISCO, a municipal corporation ("City"), hereby assigns and transfers to the PENINSULA TRAFFIC CONGESTION RELIEF ALLIANCE, a joint powers agency, all of City's right, title and interest in and to that certain AMENDED AND RESTATED CONSORTIUM AGREEMENT BETWEEN SOUTH SAN FRANCISCO SHUTTLE EMPLOYERS (the "Consortium Agreement"), dated August 1, 2001, pertaining to the South San Francisco Shuttle Bus Program. This Assignment shall be effective on This Assignment may be executed in counterparts each of which may be deemed an original, but together shall be deemed a single Assignment. CITY OF SOUTH SAN FRANCISCO Dated: By: Title: ACCEPTANCE OF ASSIGNMENT The PENINSULA TRAFFIC CONGESTION RELIEF ALLIANCE, a joint powers agency, accepts the foregoing assignment of the Consortium Agreement and hereby assumes and agrees to perform all of the duties and responsibilities of City thereunder. PENINSULA TRAFFIC CONGESTION RELIEF ALLIANCE Dated: By: Title: 1 1088428.1 (3e) ASSIGNMENT OF VENDOR AGREEMENT The CITY OF SOUTH SAN FRANCISCO, a municipal corporation ("City"), hereby assigns and transfers to the PENINSULA TRAFFIC CONGESTION RELIEF ALLIANCE, a joint powers agency, all of City's right, title and interest in and to that certain VENDOR AGREEMENT (the "Vendor Agreement"), dated May 7, 1999, as extended by shuttle service extensions, the most recent extension being effective July 1, 2003, between City and PARKING COMPANY OF AMERICA, a California corporation, pertaining to the South San Francisco Shuttle Bus Program. This Assignment shall be effective on . This Assignment may be executed in counterparts each of which may be deemed an original, but together shall be deemed a single Assignment. CITY OF SOUTH SAN FRANCISCO Dated: By: Title: ACCEPTANCE OF ASSIGNMENT The PENINSULA TRAFFIC CONGESTION RELIEF ALLIANCE, a joint powers agency, accepts the foregoing assignment of the Vendor Agreement and hereby assumes and agrees to perform all of the duties and responsibilities of City thereunder. PENINSULA TRAFFIC CONGESTION RELIEF ALLIANCE Dated: By: Title: CONSENT TO ASSIGNMENT PARKING COMPANY OF AMERICA hereby consents to the foregoing assignment of the Vendor Agreement to the Peninsula Traffic Congestion Relief Alliance and hereby releases and discharges the City from any further obligation or liability under the Vendor Agreement from and after the effective date of this Assignment. PARKING COMPANY OF AMERICA Dated: By: Title: 1 1088428.1 Sta2:. Re-)ort AGENDA ITEM #10 DATE: TO: FROM: SUBJECT: April 14, 2004 Honorable Mayor and City Council Sharon Ranals, Director of Recreation and Community. Services A Resolution Approving Acceptance of a $100,000 Donation From Queenie Chiu Belloni for the Naming of Rooms at the Municipal Services Building for William M. Belloni and Louis Belloni RECOMMENDATION: It is recommended that the City Council adopt a resolution approving acceptance of a $100,000 donation from Queenie Chiu Belloni for the naming of rooms at the Municipal Services Building for William M. Belloni and Louis Belloni, and amending the 2003/04 Capital Improvement budget. BACKGROUND/DISCUSSION: South San Francisco resident Mrs. Queenie Chiu Belloni recently contacted staff expressing her desire to have a room in a city facility named for her late husband, Mr. William Belloni. She would also like to have a room in the Police Department named in honor of her late brother-in- law, Mr. Louis Belloni, who was police chief from 1922 to 1960. She is willing to make a financial contribution of approximately $100,000 in order to fund two specific improvements at the Municipal Services Building, similar to the donation that made it possible to improve the Betty Weber Room in 1993. One of the improved areas would be located in the Police Department, and one would be located in the Recreation Department in an area used by seniors. According to the city's Administrative Instruction Section I, Number 4, Naming of City Facilities, the request was forwarded to the City Council Sub-Committee on Naming of Facilities. The Sub-Committee, which is comprised of Mayor Matsumoto and Councilmember Femekes, reviewed the request favorably on March 16, 2004. The proposal was forwarded to the Parks and Recreation Commission and approved at their regular meeting of March 25, 2004. Although no specific donation amount is listed in the naming policy to identify the size of a contribution that would qualify, the amount of the Belloni donation is comparable to the Betty Weber donation that resulted in the naming of a room, hence there is some precedent established. Consideration of the naming of a room in the Police Department, not specifically addressed by Staff Report To: Honorable Mayor and City Council Subject: Acceptance of Donation from Mrs. Queenie Chiu Belloni Date: April 14, 2004 Page 2 the naming policy, was included in the review by the Parks and Recreation Commission to provide an additional opportunity for public input prior to consideration by the City Council. The Commission found that the conditions for naming a room in a facility were met by the financial gift provision a) in the naming policy: The individual, their family or a community organization has made exceptional contributions to the City, including one or more of the following: a) financial gifts; b) public service as an elected official; c) public service as a community volunteer; and d) long term sponsorship agreements. Staff from the Recreation Department as well as the Police Department met with Mrs. Belloni to discuss possible projects that could be accomplished for $50,000 that would meet her criteria. The scope of the two proposed projects is as follows: Craft Room, Municipal Services Building A permanent sheet rock/sliding door enclosure similar to the one that was installed in the Betty Weber Room would be installed at the south end of the Craft Room to contain tables, chairs, and equipment being stored for large events. This furniture is currently stacked at the end of the room, which is unsightly and potentially problematic because it is not locked up and the public, including children, have on occasion tried to move the furniture or remove it from storage carts. The project would include improvements in the electrical capacity of the room, new counters and storage cabinets with locks, patching and painting of walls and trim, fire code upgrade to sprinklers, repair of the acoustical ceiling tiles, audio visual improvements, window coverings, and new tables. Recreation staff would manage the sub-contractors on the project, and the electrical work would be accomplished with city staff. The name of the Craft Room would be changed to the William M. Belloni Family Room, identified by an attractive plaque. Police Department, Municipal Services Building The administrative offices in the central area of the Police Department were partially remodeled, but not completed due to budget restrictions. Police ChiefRaffaelli discussed with Mrs. Belloni the idea of completing this project with the donation, the cost of which has been estimated at $50,000. In the lobby of the Police Department, a large bronze plaque of former ChiefBelloni, which is currently located in their display cabinet, would be relocated to a more prominent location. The plaque, several small historical photographs of former Chief Belloni, and a photograph of the improved offices would be mounted together in a case on the wall in the police lobby to commemorate the Chief and the project. A room inside the Police Department would be named the Chief Louis Belloni Room, and would be also identified with a plaque. StaffReport To: Honorable Mayor and City Council Subject: Acceptance of Donation from Mrs. Queenie Chiu Belloni Date: April 14, 2004 Page 3 When completed, both rooms would have a ribbon-cutting/reception to which Mrs. Belloni could invite family members and friends. In order to allow for travel planning from out of town family, the date of August 13, 2004 has tentatively been identified for a reception. SUMMARY: Final approval by the City Council is necessary for the acceptance of this donation if it is to be used for these specific improvements. In addition, City Council approval is necessary for the naming of a room for William Belloni and the naming of a room for Chief Louis Belloni. While these two projects are not urgent, they will be very beneficial for the city and of no cost to residents. The attached resolution appropriates $100,000 to the 2003/04 Capital Improvement budget. It is anticipated that upon receipt of the donation, work on the two projects could begin in the near furore, and be completed by md-August 2004. Sharon Ranals Director of Recreation and Community Services Approved: Michael A. Wilson City Manager Attachments: 1. Resolution 2. Administrative Instruction Section I, No. 4, Naming of City Facilities RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ACCEPTING A $100,000 DONATION FROM QUEENIE CHIU BELLONI FOR THE NAMING OF ROOMS AT THE MUNICIPAL SERVICES BUILDING FOR ~vVILLIAM M. BELLONI AND LOUIS BEIJ,ONI AND APPROPRIATING FUNDS TO THE 2003-04 CAPITAL IMPROVEMENT BUDGET WHEREAS, staff recommends the acceptance of a $100,000 donation from Queenie Chiu Belloni for the naming of rooms at the Municipal Services Building for William M. Belloni and Louis Belloni; and WHEREAS, Ms. Belloni desires to have a room in a city facility named for her late husband, Mr. William Belloni; and WHEREAS, Ms. Belloni would also like to have a room in the Police Department named in honor of her late brother-in-law, Mr. Louis Belloni, who was police chief from 1922 to 1960; and WHEREAS, the City Council Sub-Committee reviewed the request favorably on March 16, 2004; and WHEREAS, the Parks and Recreation Commission approved the proposal at their meeting of March 25, 2004. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco Council that the City Council hereby accepts a $100,000 donation from Queenie Chiu Belloni for the naming of rooms at the Municipal Services Building for William M. Belloni and Louis Belloni and appropriates $100,000 to the 2003-04 Capital Improvement budget for Municipal Services Building improvements. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the day of ,2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk S :\Current Reso's\4-14naming.of. rooms .Belloni.res .doc Administrative Instruction Section I No. 4 Naming of City Facilities Effective: June 23, 1999 Purpose To define the policies, responsibilities and procedures associated with the naming of City facilities. Background The City of South San Francisco has lacked a policy to guide staff and the City Council in the naming of City facilities, including buildings, support facilities, park sites and recreation facilities. As a result, City facilities have been named in honor of public officials, citizens, or in association with geographic locations, without the benefit of a City Council approved policy to guide the naming process. The development of a Policy/Procedure to guide the naming of City facilities is intended to enable the process to be applied in a fair, objective and consistent manner. Definitions "Buildings" are City owned facilities that house employees or are otherwise used to conduct City business. Buildings may include, but are not limited to, City Hall, the Municipal Services Building and libraries. "Support Facilities" are City owned facilities that are used to support field operations. Support facilities may include, but are not limited to, the Corporation Yard and Water Quality Control Plant. "Park Sites" are City owned parks, open space and trail areas. Park sites include developed and undeveloped park areas and designated open space areas. "Recreation Facilities and Amenities" are facilities/amenities used primarily for recreation and leisure activities, including, but not limited to, athletic fields, tennis/basketball courts, gynmasiums, recreation centers, meeting rooms and theaters. Administrative Instruction - Naming of City Facilities Section I No. 4 (Page 2) Policy General. The policy of the City is to name facilities in a manner that will provide an easy and recognizable reference for the City's customers. Therefore, naming options will always consider a name based on the facility's geographic location. However, the policy also establishes conditions for the consideration of naming options based on other factors. Geographic Location. Whenever possible, all City facilities will be named for their geographic location. The geographic location may be based on the identification of the facility with a specific place, neighborhood, major street, regional area of the City or the City itself if the facility is deemed to service the entire community or the Bay Area. Other Considerations. Consideration of names for facilities may also include a prominent form of topography, a prominent plant, bush or tree and historical precedent. Individual/Organizational Recognition. The naming of City facilities in honor of individuals or community organizations may be considered under the following conditions: The individual, their family or a community organization has made exceptional contributions to the City, including one or more of the following: a)financial gigs; b) public service as an elected official; c) public service as a community volunteer; and d) long term sponsorship agreements. There must be a well defined connection associated with the contributions of the individual or community organization and the City facility. The significance of the contribution from the individual/organization needs to be evaluated in terms of the service impact of the City facility. Individuals and organizations that have made contributions of regional or community-wide significance may be considered for name of facilities that serve the region or community. Individuals and organizations that have made contributions of areas or neighborhood-wide significance may be considered for naming of facility that serve areas or neighborhoods within the City, including recreational facilities and amenities within City parks. Procedure New Facilities. At least 180 days prior to opening a new City facility, the assigned City staff will propose a name to the Council Committee on Policy Development and Internal Operations for buildings and support facilities and the Council Committee on Recreation and Cultural Affairs for park sites and recreation facilities. The appropriate Council Committee will provide a recommendation for consideration by the City Council. Following review by the appropriate Council Committee, the proposed name may be reviewed, if necessary, by the Planning Commission or Park and Recreation Commission. The appropriate Commission will conduct a public hearing regarding the proposed name and provide a recommendation for consideration by the City Council. X:XH]KkAdmin Instructions\Section 1 - General Mgmt\#04 Naming of City Facilities.doc Admimstrative Instruction - Naming of City Facilities Section I No. 4 (Page 3) The recommendations of the appropriate Council Committee and Commission regarding the proposed name will be summarized for consideration by the City Council. The City Council is responsible for the final approval of the proposed name. If a request to name a City facility in honor of an individual or community organization is received and there is no suitable facility at that time, the name(s) will be placed on a "waiting list" until such time that a suitable facility is available for naming. Street names for new developments will be subject to review and approval by the City Council at the time the tentative subdivision map is adopted. Should a list of street names be established by the City, staff will provide the applicant early indication of preferred names. It should be noted that all street names must also be approved by Public Safety and the Post Office. Existing Facilities. Requests to rename existing facilities will be received by the assigned staff, investigated and summarized for review by the appropriate Council Committee within 90 days. The appropriate Council Committee will provide a recommendation to the City Council. Following review by the appropriate Council Committee, the proposed name for City facilities other than existing park sites and recreation facilities/amenities may be reviewed, if necessary, by the appropriate Commission. The renaming of existing park site or recreation facility/amenity must be reviewed by the Parks and Recreation Commission through a public hearing prior to consideration by the City Council. The recommendations of the appropriate Council Committee and Commission regarding the proposed name will be summarized for consideration by the City Council. The City Council is responsible for the final approval of the proposed name. Except in very unusual circumstances, there will be no renaming of existing streets. Michael A. Wilson City Manager Dated: June24, 1999 X:XHRLAdmin Instmct/ons~Secfion 1 - General Mgmt\#04 Naming of City Facilities.doc City Council Staff Report AGENDA ITEM #11 DATE: April 14, 2004 TO: Honorable Mayor and City Council FROM: Marty Van Duyn, Assistant City Manager SUBJECT: ONE YEAR ACTION PLAN AND STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR FISCAL YEAR 2004-05. RECOMMENDATION: It is recommended that City Council adopt the attached Resolution authorizing submittal of the City's One Year Action Plan and Statement of Objectives and Projected Use of Funds for Fiscal Year 2004-05; and all required documents to the Department of Housing and Urban Development; and authorizing the City Manger to execute all documents necessary to secure and award CDBG, HOME Administrative and Redevelopment funds for the City. BACKGROUND/DISCUSSION: This is the final required public hearing regarding funding allocations for the 2004-2005 Community Development Block Grant Program. The purpose is to obtain public comments regarding the proposed One Year Action Plan for 2004-05; and the Statement 0f Objectives and Projected Use of Funds for the Community Development Block Grant Program. Notice of this public heating was published in the San Mateo Times on March 31st as required by federal regulations. In addition, notices were mailed to all community organizations that have submitted applications for funding. The CDBG Entitlement amount for next fiscal year is $728,000 which represents a significant reduction of nearly twenty thousand dollars ($20,000) from last year's allocation. There is an additional amount of $76,667 in program income that may be added to the entitlement amount for a total CDBG allocation of $804,667. There is a federal spending limit for public service activities limited to fifteen percent (15%) of the entitlement amount plus fifteen percent of the program income. Therefore, of that amount, a total of $120,700 may be allocated for public service activities and a total of $145,600 may be allocated for program administration activities, which has a spending limit of twenty percent (20%) of the entitlement amount. StaffReport To: Honorable Mayor and City Council Subject: One Year Action Plan for Community Development Block Grant Program Date: April 14, 2004 Page 2 CDBG SUBCOMMITTEE PRELIMINARY FUNDING RECOMMENDATIONS: The CDBG Subcommittee reviewed applications for funding, individual agency program accomplishments and general parameters and priorities for funding based on an assessment of the most critical community needs. Those critical needs were established by City Council in the City's Five Year Consolidated Housing, Economic and Community Development Plan in fiscal year 2003-04. The proposed 2004-05 Annual Plan is the second year of the Five Year Plan adopted in 2003. The attached spreadsheet labeled Exhibit "A", Community Development Block Grant Summary of Funding Requests for Fiscal Year 2004-05, provides the allocation amounts proposed for each funding request. Please refer to the numeric column on the right side of the spreadsheet, labeled Subcommittee Recommendations 04-05. These proposed funding levels were provided to each CDBG applicant and were published in the San Mateo Times on March 31, 2004. This evening, City Council has the opportunity to revise the funding levels at its discretion or accept the recommendations, in whole or in part. The Subcommittee was required to reduce funding by fourteen thousand dollars ($14,000) for social service activities from last year's funding level based on the cut in the City's Entitlement amount. However, including program income received during current fiscal year enabled the CDBG Subcommittee to allocate additional dollars to the social service category which has statutory federal spending limitations. In the end, social service allocations totaled $4,800 less than fiscal year 2003-04 levels. For that reason, it was not possible to fund activities for new applicants (with one exception) and several projects received reduced allocations from their current year's funding level. Analvsis of Impediments to Fair Housing: The U.S. Department of Housing and Urban Development (HUD) requires entitlement jurisdictions to develop an Analysis of Impediments to Fair Housing. The intent of the .Analysis is to examine policies and practices that may limit San Mateo County residents' ability to choose housing in an environment free from discrimination. The County of San Mateo, the City of San Mateo, Daly City, Redwood City and South San Francisco, collectively contracted with Project Sentinel to develop the required Analysis during 2003. The Analysis of Impediments has several components, including: an assessment of the availability and production of affordable housing; disabled communities' access to housing; land use and zoning policies; lending practices and the nature and extent of fair housing discrimination complaints. Staff Report To: Honorable MayOr and City Council Subject: One Year Action Plan for Community Development Block Grant Program Date: April 14, 2004 Page 3 Project Sentinel has recently completed the required countywide Analysis of Impediments (Al) and each entitlement City must develop a required Fair Housing Action Plan. In summary, some of the major conclusions of the Analysis of Impediments are: San Mateo County is a relatively affluent region. However, although household incomes are 48% higher than the state average, housing prices are 120% higher than the state median. Market rate home ownership is out of reach of not only lower income residents but also much of the moderate income population earning over the county median, or $70,814 per year. A high correlation exists between poverty level, substandard housing, cost- burdened and overcrowded households and Black and Hispanic neighborhoods. In the high cost area of the Peninsula, a shortage of affordable housing units constitutes an impediment to fair housing choice. If an inadequate supply of affordable housing exists, weakness of a jurisdictions inclusionary housing policy can become an impediment to fair housing choice. The Al reviewed housing policies for each City in the County and identifies impediments and potential solutions to overcoming them. The City of South San Francisco was recognized in the AI as a City with one of the strongest and most effective inclusionary housing policy's that promises to produce significant numbers of below market rate housing units, for a broad range of household income levels. The City's original Fair Housing Action Plan (1997) has also been recognized by HUD for targeting habitability as a fair housing issue. The first Analysis of Impediments, completed by the San Mateo County HOME Consortium in 1996, resulted in the City developing a Fair Housing Action Plan that included working with La Raza Centro Legal and Project Sentinel to develop bilingual educational materials, community meetings and mediation services for our low income residents to address the issue of substandard habitability in older housing units as well as traditional housing discrimination. At the time, this was considered an innovative strategy that has now become a major focus of fair housing activities by many cities in the County. The City's Fair Housing Action Plan is incorporated as a component of the proposed One Year Action Plan for the Community Development Block Grant Program and continues to build on the education, mediation and habitability focus that has been at the core of our fair housing plan. The CDBG Subcommittee recommends funding La Raza Centro Legal and Project Sentinel, with Sm~ Mateo County HOME Administrative funds, to continue their efforts in working with tenants and owners to educate the community and enforce fair housing practices. Staff Report To: Honorable Mayor and City Council Subject: One Year Action Plan for Community Development Block Grant Program Date: April 14, 2004 Page 4 CONCLUSION: This year, the HOME Investment Partnership Program provided the City with administrative funds in the amount of $18,000. HOME funds are usually allocated to undertake fair housing activities as designated by the City Council to continue funding for Project Sentinel and La Raza Centro Legal. This year the amount of funds was reduced by nearly $5,000, thus corresponding cuts have been recommended for both agencies. These HOME Administrative funds will be incorporated into the CDBG budget by City Council action this evening, allowing them to be received and expended in fiscal year 2004-05. In order to maximize the use of CDBG funds, the City has traditionally allocated Redevelopment Agency Housing Fund dollars to housing related activities such as emergency shelter programs carried out by community agencies. Requests for Proposals are received via the CDBG process and those funds are made available to specific projects that qualify under redevelopment eligibility requirements. The Redevelopment Agency has funded Family Crossroads and Maple Street Shelters, operated by Shelter Network, and the Human Investment Shared Housing Project for twelve years. The Safe Harbor Homeless Shelter was also placed in this category for funding purposes, as of fiscal year 2002-03. It is recommended that redevelopment funds continue to be allocated for those agencies to continue their housing efforts with homeless and at risk individuals and families. The redevelopment agency funds will be authorized for expenditure in fiscal year 2004-05 by City Council action this evening. Two additional activities are eligible in this redevelopment category: Sitike Counseling Center and La Raza's Code Enforcement Program. The CDBG Subcommittee is recommending funding this year for both programs with limited redevelopment agency funds. It is recommended that City Council adopt the attached Resolution authorizing submittal to HUD of the City's One Year Action Plan for Housing, Economic and Community Development for fiscal year 2004-05; and authorize the City Manager to execute all documents necessary to secure and award CDBG, HOME Administrative and Redevelopment funds for the Cit~y. Marry Van Duyn M~chael ,~. Wi*tson Assistant City Manager City Manager Attachments: Resolution Exhibit "A" Exhibit "B" Community Development Block Grant Program Summary One Year Action Plan RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING SUBMITTAL OF THE CITY'S ONE YEAR ACTION PI_AN AND STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, staff recommends submittal of the City's One Year Action Plan for Housing, Economic and Community Development. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes submittal of the City's One Year Action Plan to the Department of Housing and Urban Development. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute all documents necessary to secure and award CDBG, HOME, and Redevelopment funds for the City. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City council of the City of South San Francisco at a meeting held on the __ day of ,2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk S :\Current Reso's\4-14-04consolidated.plan.res.doc COMMUNITY DEVELOPMENT BLocK GRANT PROGRAM SUMMARY OF FUNDING REQUESTS FY 2004-2005 iTotal iFund iSubcommittee i Funding i Request iRecommendations 03-04 ~04-05 COMMENTS 1. Child Care Coordinatinq Council i 5 000 6,000, 5,000 .... .3 = . F. ! ! e. _n_r! ?.t_o_ _ ?.a_ r_e_ _n Zs- ........................................ [ ..... 5_,_99.00 ................. 9.;0092 ................. 5._,9_009. .......................................................... 4. Children's Center (SSFUSD) I 3,000 3,000 3,000 Sub Total I 28,000 23,000 1~ Cit~-SDonsoredr Adult Dav~ Care ·I 20,000 20_, 000 ..... 19_, 000 2. Second Harvest Food Bank I 5,500 I 5 500, 4 000 3. Ombudsman Program of San Mateo County I - I 5,000 1,700 4. Mills Peninsula Senior Focus , , 5,000 Sub Total 24,700 ... _2_ - Z .hg_ Z _o9.t.h_ _ _M.o..bi Le. ........................................... [...).5.,.°9.°. ............... .~.5. ,_009.o_ ................ 1.9.,9.o.o.. .......................................................... 3. Project READ - West Orange Library ~ 6,000 6,000 6,000 Sub Total l 46,000: 44,000 2. Rape Trauma Services Center I 5,000 ' 5,000 I 5,000 Sub Tota~ ' 18,000 ! 9,000 1. ELLIPSE Peninsula AIDS Services i 4,000 30,000, 4,000 ..................................................................... ~ ..... ~3~b" 15,ooo 4,ooo, . _ . _2_ .. .P_ g!_c.a. _s_ .u2 g2 ~. _ _s. ?_ j c. _e_s. ?. f g.g. r. 9.m_ . .................................................................................... 45,000 8,OO0 ... 2.-.J.°._h_n.'.s_.C.!°__s.ex ............................................... i ..... .3., 9.0.00 ................. _4,00.0_00 ................. .3:_o.009- .......................................................... 2. Family Alternatives (NPFA) [ 9,000 9,000 ' 9,000 ' Sub Total{ 13,000 ' 12,000 ' ....................... I.°. t. a. J.°. .3. .'ll_4. . P..u_ _b_~j.c. .s. 9_r.v. j.c.9_ .A. i ~.~ 9_tj.°.n_ ~ i . . .~ ~ ~ ~ 9~ ....................... *. ...................... J. ......................................................... Total Public Service Reguests[ i 185,5001, Total 04-05 Public Service Recommended AIIocations~ 120,700~ $109,200 (15% of CDBG Entitlement) + $11,500 ..................................................................... [ ................................... i ...................... j_(_~_5.°/.°_gr.._c_g_B.~_?.r_°_~£.a_.m_j.n_c_?.m..e. Ii__$_~_Zg:!~9_ ...... 4/8/2004 lof3 JTotal iFund iSubcommlttee COMMENTS iFunding !Request iRc'commendations 03-04 ':04-05 ~04-05 1 C I D Housino Access 15,000 15,000 · 15 000] ...... '___-_~._~.' ......... ~, ............................................. ~. ................................................... ~., ............................................................... .... _2.._ _C. _o.m_..m_u..nit_~..G_ .a t .e p..a_ t_ .h ............................................... :. ................. .1.2_ -' .0.0.-O ................... ~_-. L ......................................................... .... _3... _R..e.b.u_ ~J.dj.n.~ .T.o_~ .e.t.h_e_ r. ?. _e.n. Ln__~.uJ.a. ................................. _8..5p_0_ ................. 8.._5p.0_ ................ _8.,_5.0_ g. :-k ......................................................... 4. City-Sponsored Housing Programs 346,454, 346,454 339,867, 5. City-Sponsored Corn mercial 175,000 175,000 175,000 Total 03-04 H,C & PF Allocations 564,954 Total H,C & PF Requests 556,954 Total 04-05 H,C & PF Recommended Allocations[ 1. CDBG Program Administration : 149,400 149,400 145,600 ........................ .T.o.t..a! .0_ .3.~.4...A.d. _m. ).n.i.s.t_r_a_ .t i. _°.n. _ _A.~ ! .°9..a.t i_ _°.n. ~.. 1 ~. ~-' ~92 ......................................................................................................... Total Administration Request 149,400 ..... T_o.! _a! .0..4....9. _~. _Agmj?_[,_![ _~.t!e.n_..R_~.o_.m_ .m_ ~ ~ ~J!~!!~ ~ ................................................ j..,}§_,_~.0_.0. ........................................................... ...................... _T_ .O_T.A_ _L_ _R..E. ~ .U_ .E.S. T_ .s_ _F. _O..R_ .C_ .D. _B.9_ .F..U.N_ _D. _S. .......................... .8_%._8.5.4. ................................................................................... ...................... T.O._T..A.L._ .C..D.B..9..E..N. TI.T.L._E..M..E.N..T__ _.A..M..O..U.N..T_ .......................... .7_4..7.,_0.0.9 .............. Z .2_s.,.o_.o_o_ ........................................................... TOTAL ESTIMATED CDBG PROGRAM INCOME[ 76,667 ............................ TgZ.A..L..A.y_A_! _.L:5._B__L..E..C_ .D._B.9- .F..U.N_D..S. l ................................................ .s.0_ _4.,9~Z .......................................................... .... %..L_a..R__a_z..a_ .C. _~.n.t.r.o_ .k.e_9.aZ .................................... [_.. 9..7- .59_°_.., ............. .2A _0.O_.O ................ ~_ 9:9.0_9. .......................................................... .... .2.....P_r.ojg. c_t. _s_ .e.n_tj .n_e. [ ........................................... ; 5,000 6,000 3,OO0 ....................... T_o.!.~! .0..s__-9..4_ .,..0_~ .E. ~.r.o.~ r.a.m. A~!.o.c_.a!Lo.,.: .... .2._2-'.5.o.o._ ~ ............................................. 4- ......................................................... Total HOME Program R._ecjuestsj ~- .......................... -T-°-!-a!* -°-4- -'e- -S- -"- -O-~ -E- -F- -u-n- ~-'- -~-v- -a! ! -~J-e-i ............ i ...................... t .............. L~-'-°-°--°-i .......................................................... 4/8/2004 2 of 3 iTotal iFund iSubcommittee !Funding iRequest iRecommendations,i 103-04 :04-05 ..... i0~-0~ ', COMMENTS 1 HiP Housina 22,500 27,800 ] 22 500 .... .2_.. _ .S.h..e I_t_e. [ .N..e..t~_ _o.r.k. _-_ .C_ r_o..s.s.r_o..a.d_s. ................................ _1_4. _, .0_0_0. .............. .1.8. ,_ _0p.0_. ,~ .............. 1..8.,p.0. 9' ........................................................... .... A-_..sh _e ~J_e.r .N. _e.~_o.r~ :..U_.a~. Le_ .s_.Lr ?.e& ................................ _~_,_59_°_ .............. !0.: 9.°.°._ ~ ............... 7:-~-°--0- ............................................................ . 7 000 20 000 } .7;.o.0__0_ 4. Samantan House - Safe Harbor , , , , ~_ ......................................................... .... .5_._.L..a..R_.a.z.a...C_e.n.t.r.o.._L.e.9_a.L(..C.o..d~p~r.£?~9~_~):) ............ _2_,.0__0.0_ .............. )__0,0..0.0..I ............... _5_,_0_0. p. ........................................................... .... .e.....sjt ?. _?.o_ _u?_s_ _~! i2 _~_ .c_ ?_t_?- ................................. 5,ooo 5, ooo i 5,ooo r- ........................................................ Total 03-04 RedeveloDment Fund Allocations, 58 000 , ........................ _T_ _oLa. L E?p_. _ey_eJ..op..m..e.n.! .F_.u_n._d. __Rm.u.e.?&s_: ........................... _9_0.., .8p.0_.i ...................... & ......................................................... i Total 04-05 Redev.e.l.o.p,.rn._e_n.t..F__u_n..d.s_._A_v_.ail_a_b.l.e. TOTAL CDBG FUND REQUESTSl I $ 891,854 TOTAL CDBG FUNDS AVAILABLE TOTAL HOME FUND REQUESTS1 I $ 31,000 ............................. -f6:rT~i~T~'6-~'~-~'O~5%V~'~.[? ............ ! ...................... ~ '~' ........... ~-~;66'o' ........................................................... TOTAL REDEVELOPMENT FUND REQUESTS[ '~- .......... ............ --f~:r-&~ -~,'~i~/=:'9i~ L-6'~i~'~ ~if.' i~-0'~i~ ~' ~(~'~ [ ..................................... ~;' .......... '~',b'bD- ........................................................... ............. _9...~_.N_ .O. _T_ _0_ .T.~_a..tr.U' ~9..S_ .a. _E.9.U_~ .S.T. ~ 9..I:_ y_ .O..~A [ ............... _$_ ....... !; _oJ._~;?.~.4. ................................................................................... GRAND TOTAL FUNDS AVAILABLE FY 04-051 $ 887,667 4/8~2004 3 of 3 ONE YEAR ACTION PLAN Exhibit "B" 000004 City of South San Francisco One Year Action Plan 2004-2005 April 2004 Prepared by Economic and Community Development Department O000t'i5 City of South San Francisco One Year Action Plan 2004-2005 TABLE OF CONTENTS EXECUTIYE SUMMARY ........................................................................................................................................ INTRODUCTION ..................................................................................................................................... II FINANCIAL RESOURCES ........................................................................................................................ III HOUSING ACTIVITIES.2 ......................................................................................................................... 2 A. Increase, maintain and improve the supply of affordable housing for low and moderate income individuals and families ................................................................................................................ 2 B. Provide service-em'iched shelter and transitional housing for homeless individuals and families C. Provide service-enriched housing opportunities for individuals and families with special needs including, but not limited to, seniors, people with physical and developmental disabilities, domestic violence survivors, people with AIDS/HIV, and people under treatment for substance abuse ............................................................................................................................ 6 IV. NON-HOUSING COMMUNITY DEVELOPMENT ACTIVITIES ..................................................................... 7 A. Provide core public services activities to improve the quality of life for low income individuals and families, inciuding those at risk of becoming homeless and special needs groups ........................................................................................................................................... 7 B. Sustain and increase the level of business and economic activity in areas that serve or have a high percentage of low income residents ...................................................................................... 10 C. Preserve and improve public facilities that serve a high percentage of low income residents ...... 10 NEEDS OF PUBLIC HOUSING .................................................................................................................. 10 ANTI-POVERTY STRATEGY .................................................................................................................... 10 LEAD-BASED PAiNT ABATEMENT PROGRAM ........................................................................................ 1 1 FAIR HOUSING ACTION PLAN .............................................................................................................. 12 OTHER ACTIONS ................................................................................................................................... ! 4 MONITORING STANDARDS AND PROCEDURES ...................................................................................... 15 CITIZEN PARTICIPATION ....................................................................................................................... 16 CITIZEN COMMENTS ............................................................................................................................ 17 VI. VII. VIII. IX. X. XI. XII. APPENDICES APPENDIX A: SUMMARY OF 2004-2004 HOUSING, ECONOMIC & COMMUNITY DEVELOPMENT OBJECTIVES 000006 City of South San Francisco One Year Action Plan 2004-2005 Executive Summary The 2004-2005 One Year Action Plan describes how the City of South San Francisco will address the City's housing and non-housing community development needs during the 2004- 2005 fiscal year. Last year, the City of South San Francisco adopted a Five Year Consolidated Plan for housing and non-housing community development activities for 2003-2008. The Consolidated Plan identified the community's needs in housing, neighborhood improvements, social services, and economic development. It also sets priorities for addressing those needs and describes how the City will use Community Development Block Grant (CDBG), HOME, and local redevelopment funds to address those needs. This document, the One Year Action Plan, is consistent with the priorities established in the 2003-2008 Five Year Consolidated Plan. The One Year Action Plan is organized by activity type and includes the following sections: financial resources, housing and non-housing community development activities (including addressing needs of homeless and special needs populations and public housing needs), anti- pove~Xy strategy, lead-based paint abatement, fair housing, coordination of public services, removal of affordable housing barriers, monitoring standards and procedures, and citizen participation. Much of the Plan, however, focuses on describing the housing and non-housing co,tin, unity development activities the City will carry out in 2004-2005. Housing Activities The City continues to endeavor to increase and improve the supply of affordable housing tt~rough new construction and the acquisition and rehabilitation of existing housing. The City also funds a variety of programs that provide housing for special needs groups including homeless persons, domestic violence survivors, seniors, and persons with disabilities. As one way of maintaining existing affordable housing units, the City has several housing rehabilitation programs available for low income homeowners. The City offers low-interest loans and grant vouchers to low income homeowners for housing repairs. The City also funds a minor home repair program to perform free minor home repairs for very low income homeowners. The City will also fund major repairs of three South San Francisco homes of low income homeowners through the Rebuilding Together Peninsula program. For potential homeowners the City will continue its first time homebuyer program for low and moderate income residents and require the future availability of below market rate units for sale in new ownership developments of 4 units or more through the City's Inclusionary Housing Ordinance. The BMR traits will be affordable for sale to people at or below 120% of the Area Median Income (AMI) and some for people below 80% AMI. The City is also working with Habitat for Humanity to develop four three-bedroom ownership units that will be affordable to families below 50% of the AMI on city-owned land. 2004-2005 One }'ear,4ction Plan: Executive Summaq¥ Page i 0000('}7 For moderate and low income renters, the City will require the future availability of below market rate rental units in new rental developments of 4 units or more through the City's Inclusionary Housing Ordinance. The BMR rental units will be affordable to people at 50% - 120% of the AMI. For very-tow income renters, the City works with private rental property owners and non-profit organizations to identify suitable rental properties that can be acquired and/or rehabilitated to provide housing for very-low income renters. One project currently underway is Willow Gardens, a 12 building acquisition and rehabilitation project consisting of 48 housing units. Seven four-plex buildings have been acquired to date. The City will acquire 312 Miller Avenue in 2003-2004 and 310 Miller Avenue in 2004-2005 and will make improvements and maintain these properties consisting in a total of 7 affordable rental units. The current residents, who are all low income, will not be displaced by the change in ownership. To create new affordable rental units, the City will work with San Mateo County and Bridge Housing to develop approximately 43 units of affordable apartments for families at 30%, 50%, and 60% of the AMI at Grand and Oak Avenues, adjacent to the County Courthouse on County owned vacant land. Additionally, the City in collaboration with Mid-Peninsula Housing Coalition is conducting a feasibility analysis to determine the viability of developing 45 apartments affordable to families at 20%-50% of the AMI in the downtown area. The City addresses the housing needs of residents with special needs through a variety of programs. For homeless people, the City implements a continuum of care approach to assist families and individuals break the cycle of homelessness. By providing support services, transitional housing, and permanent housing, City-funded non-profit agencies are able to help residents find permanent housing and avoid episodes of homelessness. The City funds an array of non-profit agencies that provide housing and services to families at-risk of becoming homeless. The City also funds Communities Overcoming Relationship Abuse, which runs an emergency shelter for domestic violence survivors with suppo~1ive services. Elderly and disabled residents require special programs and services that will allow them to remain in their homes in a safe and accessible environment. The City funds the Center for Independence of the Disabled, which provides modifications to eliminate architectural barriers in their homes. Additionally, the House Helpers program assists seniors and disabled persons with minor home repairs. Non-Housing Community Development Activities To help create a vibrant community, the City of South San Francisco uses the Community Development Block Grant (CDBG) program to fund a variety of non-housing community development activities. These include public services to low income residents and programs to improve commercial areas, public and community buildings, and low income neighborhood amenities such as parks and co~rmmnity centers. Using CDBG, the City funds non-profit agencies that provide essential community services to low income residents. Funded services are childcare, senior services, general social services, battered women's services, disabled services, and youth services. 2004-2005 One Year ,4ctio~ Plan: £xec~.~tive Sz~mma~.' Page ii 0000 The City also uses CDBG funds for economic development in the Downtown area. The Commercial Faqade Improvement Program provides financial and technical assistance to property owners undertaldng structural and facade improvements to their buildings. These improvements help owners increase the use of their commercial buildings, and improve the appearance of the downtown. Other Activities The City has a multifaceted approach to reducing the number of families living in poverty. First, the City participates in the construction and rehabilitation of housing that restricts rents to levels affordable to low income residents. This helps reduce the number of families living in poverty by decreasing one of their largest expenses, rent, to a reasonable level. Second, commercial renovations help increase the number of pedestrian visits to the downtown. This in turn creates more spending and more j ob opportunities for low income residents. Third, the City funds several nonprofit agencies whose services help low income residents with childcare, literacy and other services. And finally the City contributes CBDG funding to homeless shelters that include supportive services that help homeless people transition into employment and housing. The City works with other jurisdictions in San Mateo County to address lead-based paint hazards. Some of these collaborative lead-based paint abatement activities include: maintaining a list of certified contractors and maintenance workers, and outreach concerning lead-based paint hazm'ds. The City continues to work to overcome housing discrimination by contracting with two agencies, Project Sentinel and La Raza Centro Legal, to assist residents with housing discrimination complaints. The two agencies provide counseling and advocacy in issues of fair housing m~d housing habitability. Project Sentinel has completed an updated Analysis of Impediments for the San Mateo County HOME Consortium. A Fair Housing Plan based on the AI is included in this year's Annual Plan. To coordinate the delivery of services to residents, the City works closely with non-profit social service providers, other cities, the School District, the County, and the Chamber of Commerce. Efforts include housing rehabilitation and development, lead paint abatement, downtown beautification, code enforcement, and services for low income residents. Additionally the City actively pm'ticipates in the Sau~ Mateo County HOME Consortium and the County's Continuum of Care Collaborative. Finally, the City will continue to monitor its public policies to identify areas where it can make improvements. The City will continue to maintain and encourage affordable housing development by applying density bonuses, allowing owners to construct second units in permissible areas, expediting reviews of affordable housing projects and giving disabled residents greater flexibility making accessibility modifications to their homes. 2004-2005 One }"ear,4ction Plan: Executive SztmmaO, Page iii 0000(')9 City of South San Francisco One Year Housing, Economic & Community Development Action Plan 2004-2005 I. Introduction The 2004-2005 One Year Action Plan describes how the City of South San Francisco will address the City's housing and non-housing community development needs during the 2004- 2005 fiscal year. Last year, the City of South San Francisco adopted a Five Year Consolidated Plan for housing and non-housing community development activities for 2003-2008. The Consolidated Plan identified the community's needs in housing, neighborhood improvements, social services, and economic development. It also set priorities for addressing those needs and describes how the City will use Community Development Block Grant (CDBG), HOME, and local RDA funds to address those needs. This document, the One Year Action Plan, is consistent with the priorities established in the 2003-2008 Five Year Consolidated Plan. A table summarizing activities planned for the year is attached as Appendix A. The majority of programs described in the One Year Action Plan are available to residents citywide. Occasionally, certain projects are specifically targeted towards the Downtown/Old Town area (CDBG target area) with low income and minority group concentrations. In undertak/ng these activities and the use of federal funds, the City of South San Francisco will not in any way hinder implementation of its Plan by action or willful inaction. II. Financial Resources Funding to carry out the activities described in the One Year Action Plan comes from several sources including the federally funded CDBG and HOME programs. The City will also use local Redevelopment Agency public funds and other private resources to carry, out the Plan's activities. The federal government provides CDBG funds to entitlement cities directly through block grant programs. Cities can utilize these funds to revitalize low income neighborhoods, expand affordable housing, create economic opportunities for low income people, and improve community facilities. During the 2004-2005 fiscal year the City of South San Francisco will receive a CDBG entitlement of $728,000. Additionally, the City expects to receive $76,667 in program income from CDBG rehabilitation loan repayments. The federal government provides HOME funds to cities and counties to improve and increase the supply of affordable housing for low income people. To access HOME funds, the City of South San Francisco is part of the San Mateo County HOME Consortium. The HOME program requires jurisdictions using HOME funds to leverage these funds with local resources. The City will use Redevelopment Agency funds to meet the HOME match requirement on a project by project basis. 2004-2005 One Year Action Plan Page 1 of 19 000010 In addition, for 2004-2005, the County will provide South San Francisco with $18,000 in HOME administration funds, which the City Council has designated to be used for fair housing activities. Non-federal public resources available to the City primarily come fi:om the City's Redevelopment Agency (RDA). RDA funds are generated through incremental property taxes in the City's redevelopment areas. The City must use 20% of the tax increment on housing activities that benefit persons at or below 120% of the AMI. For 2004-2005, RDA funds have also been allocated to meet housing and community development needs. More funds may be allocated towards new affordable housing development and/or acquisition and rehabilitation for affordable housing purposes as opportunities arise. Non-profit agencies and private investors will participate in many of the activities described in the One Year Action plan. In many cases their participation will leverage both federal and local public funds used to carry out these activities. Private leveraging is discussed further in this plan where appropriate. Ill, Housing Activities A. Priority: Increase, maintain and improve the supply of affordable housing for very- low, low, and moderate income individuals and families. The San Mateo County Consortium has determined that creating new affordable rental units is a high priority in San Mateo County. The Association of Bay Area Governments (ABAG) estimates that new market generated housing construction will not be affordable to very-low, tow, and moderate income households. To help meet the need for new affordable housing, public and nonprofit agencies will have to increase their efforts to make affordable housing available. The high cost of developing housing and the subsidies needed to make new units affordable to low and moderate income families makes the construction of new affordable units difficult. In addition, there is a limited amount of land suitable for affordable housing development in South San Francisco. These and other factors outlined in the San Mateo County and the South San Francisco Consolidated Plan provide the basic rationale for South San Francisco also making housing rehabilitation a priority. 1. New Housing Construction a. CounW Property. at Grand and Oak Avenues $3,000,000 RDA $4,500,000 State Sources The City is working with the County of San Mateo and BRIDGE Housing to construct approximately 43 affordable family apartments on County owned land at Grand and Oak Avenues. The units are estimated to be completed in 2007. The units will be affordable to families below 30% and 50% of the AMI and funded with $3,000,000 in Tax Credits, $1,500,000 in Multi-Family Housing Funds through Proposition 46, and $3,000,000 in RDA Funds in addition to private funding. The cost of this development is estimated at approximately $14,000,000. 2004-2005 One Year Action Plan Page 2 of J9 000011 b. 440 Commercial Avenue $500,000 in-kind Land Contribution $250,000 San Mateo County. HUD Funding Habitat for Humanity Monetary and In-Kind Contributions In FY 02-03 the City's Redevelopment Agency purchased a vacant lot at 440 Commercial Avenue for the purpose of constructing affordable housing. The City is negotiating an agreement with Peninsula Habitat for Humanity to construct four three-bedroom units affordable to families earning below 50% AMI. The units would tentatively be completed in FY 2005-2006 and would be sold to four large low income families. The Agency will contribute the land and Habitat will provide materials and volunteer labor to construct the units. Habitat will also provide Mortgage Financing for the acquisition by low income families who are required to volunteer 500 hours of labor on their homes as sweat equity. c. 950 Linden $1,5000,000 RDA $1,200,000 San Mateo County HOME Funds In FY 03-04 the City's Redevelopment Agency has committed to provide a low-interest loan to Mid-Peninsula Housing Coalition to acquire this lot in downtown South San Francisco. The City with Mid-Peninsula Housing Coalition is assessing the feasibility of developing 45 apartments affordable to families between 20-50% of the Area Median Income. The units could tentatively be completed in 2007 d. Inclusionarv Housin2 Development-Below Market Rate (BMR) Units Private Funds The City's 20% Inclusionary Housing Ordinance requires new affordable units in residential market rate projects of 4 units or more to be available to residents at or below 80% of the AMI and residents at or below 120% of the AMI. Projects will be either rental or ownership units depending on the type of project under development. Inclusionary BMR units do not receive local subsidies, however first time homebuyers are eligible for low-interest deferred loans from the City to purchase the BMR ownership units. 2. First Time Homebuyer Loan Program $250,000 RDA The City of South San Francisco has created a first-time homebuyer loan program. The City's First Time Homebuyer program provides low-interest "silent second loans" in which the City defers payments for five years. The First Time Homebuyer program gives priority for loans to City employees. Loans range between $25,000 and $100,000 depending on need and income eligibility. First time homebuyers can use the City loans to purchase homes anywhere in the City or neMy constructed BMR units created under the City's inclusionary housing ordinance. In 2004-2005, the program will offer 1-4 first time homebuyer seminars and individual counseling for prospective buyers and plans to make 4-5 first time homebuyer loans. If funds are available, the City may allocate additional CDBG funds to the first-time homebuyer program to assist borrowers who are below 80% of the AMI in fiscal year 2004-2005. 3. Acquisition and Rehabilitation The City will work with private rental property owners and non-profit organizations to identify suitable rental properties that can be acquired and/or rehabilitated to provide housing for low and very-low income renters. The .types of rental properties targeted will consist of 4 to 12 unit structures and/or residential hotels. The primary funding sources for rental properties wilt be HOME, CDBG, and RDA funds. 2004-2005 One Year Action Plan Page 3 of 19 000012 a. Willow Gardens $14,000,000 Mixed Som'ces The City has partnered with Mid-Peninsula Housing Coalition to acquire and rehabilitate approximately 12 four-plex buildings (48 units total) in the Willow Gardens neighborhood. The units are permanently affordable rental units owned and managed by Mid-Peninsula. The units will be affordable to households at 50 - 60% of the AMI. The City and Mid-Peninsula have acquired 7 buildings (28 units) to date and will continue to acquire them as they become available. The Willow Gardens neighborhood is located in the E1 Camino Corridor Redevelopment Project Area. The City anticipates purchasing 1-2 four-plex units during 2004- 2005, depending on availability.. Mid-Peninsula Housing Coalition is also embarldng on a major exterior rehabilitation project of acquired units in Willow Gardens using $500,000 in private funds. Acquisition and rehabilitation has been funded by HOME, Section 108, and Redevelopment Agency Funds for the multi-year project. Total project costs are estimated at $14,000,000. b. Downtown Affordable Housing Program $500,000 (RDA, CDBG and/or HOME) The Dowaatown Affordable Housing Program is designed to provide affordable rental housing for Iow and very-low income residents through the acquisition and rehabilitation of dilapidated housing stock in or near the downtown. Of special interest are unoccupied Single Room Occupancy hotels and 4-6 unit apartment buildings. 310 and 312 Miller Ave. $1,500,000 RDA In 2003-2004 the City will acquire 312 Miller Avenue and in 2004-2005 the City will acquire 310 Miller Avenue and will make improvements and maintain these properties consisting in a total of 7 affordable units for people below 80% of the AMI. The current residents, who are all low income, will not be displaced by the change in ownership. 4. Owner-Occupied Rehabilitation a. City-Sponsored Housing Rehabilitation Loan Program $339,867 CBDG The Housing Rehabilitation Loan Program assists low and moderate income homeowners with housing repairs. The program is administered by the City's Housing and Community Development Division and is available in the Downtown/Old Town area and citywide. It is expected that 3-5 low and moderate income households will be assisted with low-interest and/or defen'ed loans. The maximum loan amount is $35,000. Funds are targeted for administration of the Rehabilitation Program, actual loans, or programmed as needed, based on opportunities that arise. The City also funds the Voucher Programs and the House Helpers Program through this CDBG Allocation to the City-Sponsored Housing Rehabilitation Loan Program: i. Voucher Program (Sub-program of City Sponsored Rehabilitation Program) The City administers a housing rehabilitation voucher program that makes grants available to low income homeowners citywide. The Voucher program is a grant subprogram of the Housing Rehabilitation Loan Program and is not funded separately. Vouchers are used in limited situations and for limited amounts of money when the usual loan process is prohibitively expensive or too time consuming to clear up an emergency situation. The 2004-2005 One Year Action Plan Page 4 of 19 ooao13 City will expend approximately $15,000 from the Housing Rehabilitation Loan Program to assist 12 low income residents through this program. There are two different types of Vouchers available: Emergency Code Violation Vouchers provide homeowners a grant of up to $2,500 to clear up code violations in their homes. This program will assist 1-5 low income residents in 2004-2005 using approximately $5,000 to $10,000. Debris Box Vouchers help low and moderate income residents in the Downtown/Old Town area and citywide remove accumulated debris and yard waste from their properties to assist in resolving code violations. This program will assist 10 residents with approximately $5,000 in 2004-2005. ii. Minor Home Repair (House Helpers) (Sub-pro,am of City Sponsored Rehabilitation Pro,am) The Minor Home Repair Program provides home repairs for very-low income homeowners free of charge. Services include roof and gutter repairs, water heater replacement, and installation of security devices, smoke alarms and carbon monoxide detectors. The program is administered by North Peninsula Neighborhood Services Center whose staff speaks English, Spanish and Tagalog. The majority of households assisted will be large families with small children and elderly female heads-of-household. NPNSC expects to assist 30-40 very-low income households in the Downtown/Old Town area and citywide depending on rehabilitation needs. The City funds the program with $40,000 in CDBG funds set aside from the Housing Rehabilitation Loan Program. Ftmds are farther leveraged by NPNSC's low cost repair services. d. Rebuilding Toaether Peninsula $8,500 CDBG Rebuilding Together Peninsula plans to rehabilitate 3 homes and replace 1 roof for low income South San Francisco homeowners. Rebuilding Together Peninsula will accomplish all of the rehabilitation work on one day in April and will use completely volunteer crews that include skilled labor. By using volunteer labor, Rebuilding Together Peninsula greatly leverages the CDBG funds they receive. The City will allocate $8,500 of CDBG funds to the program in 2004-2005 to be used exclusively for building materials. 5. Rental Habitability a. La Raza Centro Legal Code Enforcement Assistance $5,000 RDA La Raza Centro Legal is adding a code enforcement assistance program to their services through which they will assist 437-500 low income residents citywide in reporting code enforcement violations in their dwellings thus improving habitability conditions and reducing landlord abuse of tenants in South San Francisco. La Raza Centro Legal's code enforcement assistance program will be funded with $5,000 in RDA funding. B. Priority: Provide service-enriched shelter and transitional housing for homeless individuals and families. The City implements a continuum of care approach to assist families and individuals break the cycle ofhomelessness. The City funds an array of non-profit agencies that provide services to 2004-2005 One Year Action Plan Page 5 of 19 000014 families at-risk of becoming homeless. By providing support services, transitional housing, and permanent housing, City-funded non-profit agencies are able to help residents avoid episodes of homelessness and find permanent housing. City funds awarded to agencies are leveraged by donations from individuals, foundations and other government sources. 1. Shelter Network- Crossroads $18,000 RDA Provides transitional housing and comprehensive support services to homeless families. On-site services include support groups, job development and other individualized services to help families secure permanent housing. The shelter will serve 25-35 very-low and low income individuals and the program is available to people citywide. The City will allocate $18,000 of RDA funds to the program in 2004-2005. 2. Shelter Network- Maple Street $7,500 RDA Provides transitional housing and comprehensive support services to homeless individuals. On- site services include support groups, job development and other individualized services to help individuals secure permanent housing. The shelter will serve up to 20 very-low and low income individuals citywide. The City will allocate $7,500'~of RDA funds to the program in 2004-2005. 3. Samaritan House- Safe Harbor $7,000 RDA Safe Harbor is a homeless emergency shelter in South San Francisco operated by Samaritan House. Safe Harbor provides shelter and food for up to 90 individuals countywide a night. In addition Samaritan provides several other services on site including substance abuse education and counseling, employment and job development counseling, and health services. All the individuals served at the shelter will be very-low income. Safe Harbor will serve 80 homeless individuals from South San Francisco in 2004-2005. The City of South San Francisco is allocating $7,000 in RDA funds during 2004-2005. 4. HIP Housing (Human Investment Project) $22,500 RDA Offers affordable housing services including a home equity conversion program for seniors, shared housing referrals, life skills workshops for single parents, an a homeless prevention program. All counseling and housing services are offered in Spanish and English. HIP will provide referrals to 130-162 very-low and low income individuals citywide. The City will allocate $22,500 of RDA funds to the program in 2004-2005. C. Priority: Provide service-enriched housing opportunities for individuals and families with special needs including, but not limited to, seniors, people with physical and developmental disabilities, domestic violence survivors, people with AIBS/HIV, and people in treatment for substance abuse. Elderly and disabled residents constitute special needs groups in South San Francisco. Both require special programs and services that will allow them to remain in their homes in a safe and accessible environment. The City has funded the Center for Independence of the Disabled for many years and will continue to provide funding. Services provided by C.I.D. are crucial for the disabled community, allowing them to remain in their homes or to move into new housing that is accessible to them. 2004-2005 One Year Action Plan Page 6 of 19 00n015 Communities Overcoming Relationship Abuse (CORA) provides shelter for domestic violence survivors and their families that must leave their current housing to escape abusive situations. 1. Center for Independence of the Disabled-Housing Accessibility Program $15,000 CDBG Helps eliminate architectural barriers and provides modifications such as grab bars and access ramps to make homes safer and more accessible for people with disabilities and/or the elderly. CID will serve 20-30 very-low and low income households, all of who are disabled or frail elderly. The program is available citywide. The City will allocate $15,000 of CDBG funds to the program in 2004-2005. 2. Communities Overcoming Relationship Abuse (CORA) $4,000 CDBG Provides shelter for domestic violence survivors and their children as well as food, clothing, counseling and legal services. Services are provided in English, Spanish, and Tagalog. The program will serve 7 low income individuals citywide. The City will allocate $4,000 of CDBG funds to the program in 2004-2005. IV. Non-Housing Community Development Activities To help create a healthier and safer community, the City of South San Francisco uses the Community Development Block Grant to fund an array of non-profit agencies that provide essential social services to working families. Funded services range from childcare and youth programs to senior services. The City also uses CDBG funds for building improvements that help revitalize the Downtown, improve facilities that provide services to iow income residents, and to make buildings accessible to people with disabilities. A. Priority: Provide core public services activities to improve the quality of life for low income individuals and families, including those at risk of becoming homeless and special needs groups. 1. Childcare a. Child Care Coordinating Council $5,000 CDBG Provides short-term childcare (up to 90 days) for children of low income families in temporary crises, such as severe illness or economic crisis. CCCC will serve 5 ver}r-low and low income children citywide. The City will allocate $5,000 of CDBG funds to the program in 2004-2005. b. City-Sponsored Day Care $10,000 CDBG Operates two preschools, four before- and after-school sites, a summer camp and a vacation program. Funds will be used to provide fee assistance to families who cannot afford to pay full fees. The program will serve approximately 15-25 very-low and low income children citywide. The City will allocate $10,000 of CDBG funds to the program in 2004-2005. c. Friends to Parents $5,000 CDBG Friends to Parents provides affordable childcare for low income families with children ages two weeks to 5.9 years and is the only program serving infants. The Program will provide childcare 2004-2005 One Year Action Plan Page 7 of 19 00O016 for up to 60 children from very-low and low income households citywide. The City will allocate $5,000 of CDBG funds to the program in 2004-2005. d. SSFUSD- Children's Center $3,000 CDBG Provides childcare 11 hours a day as well as a summer program. Funds will provide one recreational activity, such as a field trip to the beach or Coyote Point Museum. The Children's Center serves 160 very-low and low income children citywide. The City will allocate $3,000 of CDBG funds to the program in 2004-2005. 2. Senior Services a. CiW-Sponsored Adult Dav Care $19,000 CDBG Provides a structured, supervised setting in which frail or chronically impaired seniors can participate in social, educational and recreational activities as independently as possible. The program will serve 45 very-low and low income people citywide. The City will allocate $19,000 of CDBG funds to the program in 2004-2005. b. Second Harvest Food Bank $4,000 CDBG Provides seniors and disabled residents with weekly grocery bags containing at least 12 staple items and consumer and nutrition information. Second Harvest will serve approximate 400 very- iow and low income senior and/or disabled residents citywide. The City' will allocate $4,000 of CDBG funds to the program in 2004-2005. , c. Ombudsman Pro~ram of San Mateo CounW $1,700 CDBG Monitors adult-care facilities and reports abuse and negligence, advocating for residents of 39 long-term care facilities in the City of South San Francisco. Will address the needs of 50 low income seniors or disabled residents in long-term care facilities in South San Francisco. The City will allocate $1,700 of CDBG funds to the program in 2004-2005. 3. General Social Services a. North Peninsula Neighborhood Services Center (NPNSC) $24,000 CDBG Provides social services for those in immediate need. Services include provision of food, clothing, shelter, transportation, assistance with rental security deposits, payment of PG&E bills to avoid service interruptions, and crisis intervention. NPNSC is a key agency serving very-low income individuals and families at risk of homelessness. NPNSC will serve 1,300 very-low and low income residents citywide. The City will allocate $24,000 of CDBG funds to the program in 2004-2005. b. The Tooth Mobile $14,000 CDBG The Tooth Mobile provides on-site dental services for low income children, adults, and seniors in South San Francisco. 100% of the beneficiaries are low or very-low income. The Tooth Mobile estimates it will serve approximately 850 individuals citywide with either dental screenings and cleanings or treatment with $14,000 in CDBG funds during 2004-2005. Project READ Offers free individualized tutoring and materials for adults and trains volunteer tutors to assist in improving literacy. Project READ would serve 39 very-low and low income people citywide at 2004-2005 One Year Action Plan Page 8 of 19 $6,000 CDBG 000017 the West Orange Avenue Library. The City will allocate $6,000 of CDBG funds to the program in 2004-2005. d. Sitike Counseling Center $5,000 RDA Sitike Counseling Center will provide substance abuse treatment for approximately 65 low and very-low income individuals citywide. The City will allocate $5,000 of RDA funds to the program in 2004-2005. 4. Battered Women's Services a. Communities Overcoming Relationship Abuse (CORA) See Housing Priority C b. Rape Trauma Services Center $5,000 CDBG This is the only agency within San Mateo County to provide information, resources, and support to sexual assault survivors and their loved ones. Rape Trauma Services anticipates serving 345 low incomes South San Francisco women and their families citywide during 2004-2005. The City will allocate $5,000 of CDBG funds to the program in 2004-2005. 5. Disabled Services a. ELLIPSE Peninsula Aids Pro,~ram $4,000 CDBG Provides professional and volunteer in-home support services to very-low income residents who are HIV positive to enable them to remain healthy and to live at home as long as possible. Services include light housekeeping, delivery of groceries, transportation to medical appointments, and obtaining household items and medical equipment. ELLIPSE will serve approximately 15 very-tow and low income individuals citywide. The City will allocate $4,000 of CDBG funds to the program in 2004-2005. b. Parca - Peninsula Association for Retarded Children and Adults $4,000 CDBG Parca provides support, information, referrals, outreach, advocacy, and recreation opportunities to approximately 184 low income South San Francisco individuals with developmental disabilities and their families citywide. The City will allocate $4,000 of CDBG funds to the program in 2004-2005. 6. Youth Services a. John's Closet $3,000 CDBG Provides schoolchildren ages 3 - 17 with new clothing including jeans, sweats, jackets and tennis shoes. Many parents of the children served are single mothers. Program will serve approximately 315 very-low and low income South San Francisco children citywide. The City will allocate $3,000 of CDBG funds to the program in 2004-2005. b. North Peninsula Family Alternatives (NPFA) $9,000 CDBG Offers a progam to improve parenting skills and increase school performance. Low income, monolingual Spanish speaking families are the focus of this program. NPFA will serve 60 very- low and low income households citywide. The City will allocate $9,000 of CDBG funds to the program in 2004-2005. 2004-2005 One Year Action Plan Page 9 of 19 000018 B. Priority: Sustain and increase the level of business and economic activity in areas that serve or have a high percentage of low income residents. The City's economic and community development strategy for Downtown includes structural improvements to address code violations and seismic concerns and to maximize the use of commercial buildings and fa,cade improvement assistance for businesses. 1. City-Sponsored Commercial Rehabilitation $175,000 CDBG $150,000 RDA The City-Sponsored Commercial Rehabilitation provides financial and technical assistance to property owners undertaking structural, facade and business sign improvements to their buildings. These improvements help owners increase the use of their commercial buildings, and improve the appearance of the downtown. The program is available in the Historic Downtown district. The program is funded through CDBG and is leveraged by owners' funds and RDA funds. During 2004-2005, the City will assist 4 to 6 business. The program will be funded with $175,000 in CDBG and may leverage up to $150,000 in RDA funding. C. Priority: Preserve and improve public facilities that serve a high percentage of low income residents. Disabled access modifications and community facility rehabilitation are undertaken to improve facilities used by the iow and moderate income community in South San Francisco. Rehabilitation of the Safe Harbor Shelter, the Boys and Girls Club, and other community organizations may be funded in 2004-2005 out of the existing allocations for city-sponsored housing or commercial rehabilitation programs. Other community facility rehabilitation projects to ensure disabled access may be undertaken as deemed appropriate and depending on the availability of city-sponsored housing or commercial rehabilitation program funds. V. Needs of Public Housing The South San Francisco Public Housing Authority operates as a separate entity and submits a Consolidated Plan to HUD separately from the City of South San Francisco. The South San Francisco PHA manages 80 units of affordable public housing. Information about the needs and strategy of the South San Francisco PHA can be found in the South San Francisco PHA 2000- 2004 Consolidated Plan. VI. Anti-Poverty Strategy The City of South San Francisco has a multifaceted approach to reducing the number of families living in poverty. First, City participation in the acquisition, construction or rehabilitation of affordable housing is contingent upon restricting rents to affordable levels for low income residents for an extended period of time (30 to 40 years). This helps reduce the number of families living in poverty by decreasing one of their largest expenses, rent, to a reasonable level. Additionally, the City's housing rehabilitation loan programs offer low and moderate income homeowners the opportn.mity to bring their homes up to current building standards by providing low-interest loans, which facilitate upgrades in a manner that does not burden the family budget. 2004-2005 One Year Action Plan Page 10 of 19 000019 Second, the City has recently adopted an inctusionary housing ordinance that requires developers to make twenty percent (20%) of all new housing units in developments of 4 units or more in the City affordable to moderate income families. All of the inclusionary units must be affordable to families at or below 80% or at or below 120% of the AMI as stipulated in the inclusionary ordinance. Third, efforts to improve the historic downtown business district provide property owners with an opportunity to undertake exterior business improvements, which can include signs, awnings and exterior painting. These improvements help owners increase the use of their commercial buildings and improve the appearance of the Historic Downtown district. In addition to providing assistance for improving commercial fagades, the City actively works with the South San Francisco Chamber of Commerce to meet the needs of downtown businesses and to promote the area. These activities help create a more vibrant business community, and new jobs for City residents. Fourth, the City funds several non-profit agencies whose services help low income residents. For example, by providing childcare subsidies the City is able to help low income adults work or study while their children are at a childcare center. Similarly, by providing funding to an adult literacy program, the City is able to help residents f'md employment they may not have been able to secure before knowing how to read. Through this multitude of efforts, the City is continually working to help reduce the number of families living in poverty. VII. Lead-Based Paint Abatement Program The City of South San Francisco is aware of lead paint hazards in its community because of the age of the existing housing stock, particularly in the historic downtown district. The San Mateo County Childhood Lead Poisoning Prevention Program has identified the City as a high-risk area. This designation is based on the City being in the upper 50th percentile for proportion of families living in poverty as well as the City's proportion of population under the age of six and proportion of housing stock built before 1950. The U.S. Department of Housing and Urban Development (HUD) promulgated new regulations on September ! 5, 1999, establishing requirements for notification, evaluation, and reduction of lead-based paint hazards in federally owned residential property and housing receiving federal assistance. The purpose of these regulations is to protect children under the age of six by eliminating or minimizing lead-based paint hazards in housing. The regulation significantly increases the quantity of testing and home maintenance, repair, or rehabilitation work that must be performed in a lead-safe manner. They also require lead hazard controls based on programs, which vary depending on the nature of the activity, amount of assistance, and duration of the relationship with the recipient of federal funding. HUD's new Lead Safe Housing Regulation took effect on September 15, 2000. The County of San Mateo and the cities of South San Francisco, San Mateo, Daly City, and Redwood City worked together to submit a Lead Based Paint Transition Plan to HUD and to implement the 2004-2005 One Year Action Plan Page 11 of 19 000020 regulations by August 2001. South San Francisco met this deadline and is in compliance with the regulations. To implement the regulations, the City will continue to work with other cities in San Mateo County and the County of San Mateo to make training classes available to city staff and contractors. Besides sharing information on training classes, the cities and County will maintain a list of certified contractors and maintenance/rehabilitation workers that can perform work for all the jurisdictions. The City will also encourage its regular contractors and their workers to become certified abatement workers/supervisors. Bid packages will include information about lead-based paint hazards and training available to contractors. Outreach efforts will also include letters, media publications and other direct outreach to the City' s contractors and other potential contractors. The City of South San Francisco will also continue to attend lead information meetings held in the County of San Mateo and other cities on the Peninsula. During these meetings the cities and County will share information about training courses, certified lead abatement contractors and workers, as well as plan efforts to increase the supply of certified workers throughout the County. VIH. Fair Housing Plan Through the San Mateo County HOME Consortium, the cities of Daly City, Redwood City, San Mateo, and South San Francisco contracted with Project Sentinel to develop and produce an updated '?malysis of Impediments to Fair Housing in San Mateo County', California." This section of our Annual Plan lays out the City' s required Fair Housing Action Plan in response to the fmdings of the updated Analysis of Impediments to Fair Housing. The report indicated a number of impediments and potential impediments to fair housing in San Mateo County, although South San Francisco was not cited as having any policies that directly impede fair housing and was listed as one of the stronger jurisdictions in preventing predatory housing practices through increasing the supply of affordable housing. The study found that the shortage of affordable housing and a high ratio of older housing stock in San Mateo County can constitute an impediment to fair housing, due to a high correlation between poverty levels, substandard housing, cost burdened and over-crowded households and Black and Hispanic neighborhoods. Although, South San Francisco is not one of the most vulnerable cities in the Consortium, conditions common to all of the entitlement cites studied, such as old substandard housing, low vacancy rates, and high numbers of lower income immigrants without good command of English or knowledge of fair housing law, set the stage for predatory housing practices directed at people of color, low and moderate income households, people with disabilities, large families, and other goups protected under fair housing laws. The study found some zoning and land use policies that constitute impediments to fair housing in other jurisdictions, but none were found in South San Francisco's zoning and land use policies. A common area of concern countywide is discriminatory, banking and lending policies. The study found higher denial rates for mortgage loans and a higher reliance on sub-prime loans among Black and Hispanic residents. The study also found a countywide pattern of buildings that were not in compliance with accessibility provisions for the disabled in the Fair Housing Amendments Act. This non-compliance is an impediment to fair housing choice. 2004-2005 One Year Action Plan Page 12 of 19 000021 In response to these findings, the City of South San Francisco will continue its support for fair housing organizations, fair housing education and outreach, and housing development and rehabilitation work that directly addresses the housing market factors that can put residents at greater risk of housing discrimination. Today the City of South San Francisco continues to work to overcome impediments and promote fair housing by contracting with two agencies, Project Sentinel and La Raza Centro Legal, to assist residents with housing discrimination complaints. The two agencies provide counseling, legal advocacy, and tenant/landlord mediation services in issues of fair housing and housing habitability. By having two agencies providing this service the City is able to offer a wider range of services to citizens needing fair housing counseling. Fair housing services are available to residents citywide. 1. Project Sentinel $3,000 HOME Provides fair housing counseling and advocacy for South San Francisco residents. Project Sentinel's work includes providing fair housing education, enforcement, and dispute resolution in cases of housing discrimination. Additional services include community education and information on mortgage default and delinquency. In 2004-2005 Project Sentinel will provide fair housing services to 49-70 low income residents citywide. The program will be funded with HOME administrative money received by South San Francisco from San Mateo County. 2. La Raza Centro Legal Fair Housing Counseling $15,000 HOME Provides South San Francisco residents with advocacy and legal representation in housing matters, including habitability issues and eviction prevention. In 2004-2005, La Raza will provide 350-400 low income individuals citywide with information and referrals, legal advice, counseling, and legal representation. The program will be funded with HOME administrative money received by South San Francisco from San Mateo County. The City currently provides educational materials (through on-line material on the South San Francisco website and brochures) about fair housing issues to residents and non-profits that work with low income people throughout the City, including materials about the services of Project Sentinel and La Raza Centro Legal. Preservation and construction of affordable housing were cited as a way to make a community less conducive to predatory housing practices and housing discrimination. As detailed in the housing section of this Plan, the City of South San Francisco will continue its housing development and rehabilitation work, directly mitigating conditions that put protected groups more at risk of housing discrimination. Inclusionary zoning ordinances were cited by the study as one of the most powerful tools available to increase the supply of affordable housing. South San Francisco was listed as having the second most effective inclusionary housing ordinance in the County. With other jurisdictions in the County HOME consortium, the City will also explore taking action on the concrete recommendations included in the AI to reduce countywide impediments to 2004-2005 One Year Action Plan Page 13 of 19 fair housing. These actions to explore include: developing an accessibility checklist for plarming departments to use and distribute so that provisions of the FHAA are uniformly implemented across San Mateo County and developing a strategy to elinfinate predatory lending practices and lending discrimination, especially in its disproportionate impact on Black, Hispanic, and senior residents. IX. Other Actions A. Address Obstacles to Meeting Underserved Needs The primary obstacle to meeting underserved needs is the lack of available funds. Therefore the City will strive to use its limited resources by leveraging its funds and using them in the most efficient manner possible. As described in the section, "Develop an Institutional Structure & Improve and Enhance Coordination of Services," the City will continue to work and coordinate with various organizations to maximize the use of City funds. By drawing on the expertise and resources of various organizations, the City will be better able serve a greater number of city residents. B. Foster and Maintain Affordable Housing To overcome the obstacles of meeting underserved housing needs as well as foster the development affordable housing, the City will explore options to purchase substandard residential units and/or underutilized land to create affordable housing opportunities. In addition, the City will work to enforce the Inclusionary Housing Ordinance to ensure that all new housing developments or 4 or more units make 20 percent of the units affordable to low and moderate income families. C. Remove Barriers to Affordable Housing/Governmental Constraints In an effort to foster and maintain the supply of affordable housing and to remove barriers to affordable housing development, the City of South San Francisco w/Il continue to monitor its public policies to identify areas where the City can make improvements. The City will continue to maintain and encourage affordable housing development by: · Implementing adopted density bonus ordinance · Enforce the City's Inclusionary Housing Ordinance requiring that 20% of all new housing units in residential developments of 4 or more units in the City be affordable to moderate income families · Encourage transit oriented development near the South San Francisco and San Bruno BART Stations · Amend the Zoning Ordinance to allow owners to construct second units in permitted areas and to lessen parking requirements · Expediting reviews of affordable housing projects and provide technical assistance to developers · Apply amended zoning ordinance to give disabled residents greater flexibility making accessibility modifications to their homes 2004-2005 One Year Action Plan Page 14 of 19 000023 D. Develop an Institutional Structure & Improve and Enhance Coordination of Services The City will work closely with non-profit social service providers, other cities, the School District, the County, and the Chamber of Commerce to coordinate the delivery of services to residents. The City will also assist neighborhood groups with space for events and materials to help them conduct community activities. In 2004-2005, the City will work to strengthen its relationships with organizations serving the public. Specific efforts will include: Participate in the San Mateo County HOME Program Consortium Continue working with the County of San Mateo and other CDBG jurisdictions to implement HUD's Lead Safe Housing Regulation Fund 25 non-profit agencies serving low income residents · Continue working with Mid-Peninsula Housing Coalition to rehabilitate Willow Gardens and to assess the feasibility of constructing 950 Linden · Participate with the County of San Mateo and other cities on the Peninsula to develop the Countywide Housing Investment Partnership (CHIP) First-Time Homebuyer Program to create opportunities for first-time homebuyers · Work with businesses and the Chamber of Commerce on downtown beautification and other projects to improve the downtown · Work with the County of San Mateo, other entitlement cities, and nonprofit agencies to address the concerns found in the San Mateo County Analysis of Impediments to Fair Housing. · Work with the County of San Mateo and BRIDGE Housing to develop affordable housing on County owned property located at Grand and Oak Avenues · Work with Peninsula Habitat for Humanity to develop affordable housing at 440 Commercial Avenue E. Certificates of Consistency The City of South San Francisco intends to issue certificates of consistency as appropriate when requested. X. Monitoring Standards and Procedures The City has established procedures that ensure City programs comply with federal program requirements and City policies. For agencies that receive CDBG, HOME and RDA funding, the City requires the agencies to provide quarterly reports of accomplishments and financial records. All new- grantees receive site visits from City staff. These monitoring activities keep the City informed about the progress agencies are making towards meeting their objectives. The City also conducts site visits and requires the agencies to submit an annual audit. With respect to 2004-2005 One Year Action Plan Page 15 of 19 applicable construction projects, the City asks developers to submit proof of compliance with Davis-Bacon with each invoice they submit to the City. The City, Council also reviews annual reports to ensure that the City is applying its resources to meet community goals. These reports include the CAPER (Consolidated Anm~al Performance & Evaluation Report) for federal programs, the annual report for the Redevelopment Agency and the annual city audit. XI. Citizen Participation The City of South San Francisco has an established citizen participation plan, which is part of the 2003-2008 Consolidated Plan. In accordance with the Citizen Participation Plan, the City held public hearings and allowed for public comment periods to help determine the community's needs and review the 2004-2005 One Year Action Plan. A. Identifying Needs Request for Proposals for CDBG Funding A request for proposals for CDBG funding was sent to all community agencies on the Housing and Community Development mailing list on December 30, 2003. A public notice of the RFP availability was published in the San Mateo County Times on January 3, 2003. The RFP was also posted on the City's website. Public Hearin~ on Community Needs On February 11, 2004 the City held a public hearing with the Mayor and City Council to receive public comments on the City's housing and community development needs. Many community agencies that applied for CDBG funding came to the hearing and spoke on behalf of their proposals. A public notice for the hearing was printed as a display advertisement in the San Mateo County Times 14 days before the hearing on January 28, 2004. Notice of the hearing was mailed to all community agencies on the Housing and Community Development mailing list. B. The "Proposed" Annual Action Plan AvailabiliW of a Proposed Annual Action Plan The proposed 2004-2005 One Year Action Plan was available for public comment from March 15 to April 14, 2004. Copies will be available at the Economic and Community Development Office at City hall as well as South San Francisco libraries. Public Hearing to Finalize the 2004-2005 One Year Action Plan On April 14, 2004, the City is holding a public hearing to finalize the 2004-2005 One Year Action Plan. A public notice for the hearing was printed as a display advertisement in the San 2004-2005 One Year Action Plan Page 16 of 19 000025 Mateo County Times 14 days before the hearing on March 31, 2004. Notice of the hearing was mailed to all community, agencies on the Housing and Community Development mailing list. C. The "Final" Annual Action Plan Copies of the Final Annual Action Plan and a summary of the plan will be made available to the public for free and within two days of a request. In addition, copies will be available at the economic and Community Development Office at City hall as well as South San Francisco libraries. XII. Citizen Comments City of South San Francisco Housing and Community Development Staff attended one community focus group with residents and service providers and held one Public Hearing with the City Council to gather community input on the City's housing and community development needs for 2004-2005. Public comments were gathered at these two meetings. Additionally, Mid-Peninsula Housing Coalition sent a written comment expressing the great need for affordable housing in South San Francisco (this letter is included in Appendix E). Community Focus Group - South San Francisco CommuniW Parmership 1/26/04 South San Francisco HCD staff attended a South San Francisco Cormnunity Partnership meeting and conducted a focus group with representatives of community agencies that serve low income South San Francisco residents and South San Francisco residents. The agencies that were represented at the meeting were: The SSF Community Partnership, the Community Learning Center, the Child Care Coordinating Council, Head Start/Early Start, Families on Track, San Mateo County Human Services Agency, North Peninsula Neighborhood Services Center, Pre- to Three Infant Services, Concilio of San Mateo County, San Mateo County Labor Council. There were 17 people in total in attendance. The primary feedback provided through the focus group on community needs follows: [] More affordable housing for larger families (5-11 family members) [] More funds for emergency child care and more affordable child care in general, especially for low wage workers. [] More rental assistance, additional shelters, and transitional housing because many people are coming into the core service agencies needing rental assistance and the shelters have long waiting lists and are always full. [] Displaced workers sometimes do not yet qualify as low enough income to get needed social services, so they must lose almost everything they have before they can get help. They need a safety net that does not force them to become worse off economically before they can get help. [] Job training is a big need. · Job readiness training for monolingual Spanish and Chinese speakers. [] Information on how to operate one's own business (e.g. vending things) for immigrants. 2004-2005 One Year Action Plan Page 17 of 19 000026 · Affordable, accessible dental care for adults and children. Many clinics will not take people with state or federal health insurance for low income people. One place that does take low income people will only do screenings or pull the teeth with problems. · Health insurance access programs for enrolling low income children into available programs has been a big resource in the community, especially for immigrant families. [] Park and Recreation Department fees are too high for low income families to participate in the programs, but many would like to if there were a scholarship or sliding scale program for youth recreation classes and programs. Public Hearing on CommuniW Needs for the 2004-2005 One Year Action Plan: During the needs assessment hearing and the public hearing on the 2004-2005 Action Plan several nonprofit agencies spoke in support of the programs for which they were requesting CDBG funding and two residents addressed the City Council with a petition about the need for dental services for low income adults in South San Francisco (this petition is included in Appendix E). Representatives of numerous community-serving agencies and their supporters attended the public hearing on February 11, 2004. The following agencies talked about the needs in the community for the services they provide and requested CDBG funding for the FY2004-2005: · Shelter Network provides emergency and transitional housing and support services to homeless individuals and families. Shelter Network staff noted that the demand for their services is rising due to the struggling economy. · Second Harvest Food Bank provides seniors and disabled residents with weekly grocery bags containing at least t2 staple items and consumer and nutrition information. Second Harvest staff explained that although their program was designed to be supplemental food, many of their clients are relying upon their agency as their primary source for food. · Child Care Coordinating Council provides emergency childcare for up to 8 low and very-low income children of families in crisis. · Parca serves people with developmental disabilities and their families. · North Peninsula Neighborhood Services Center provides social services such as food, clothing, shelter, transportation, assistance with rental security deposits, payment of PG&E bills, and crisis intervention for those in immediate need. · Sitike Counseling Center provides substance abuse treatment and counseling. · Center for the Independence of the Disabled helps eliminate architectural barriers and provides modifications such as grab bars to make homes safer and more accessible for people with disabilities and/or the elderly. CID staff commented that the population in San Mateo County is growing older and that every year CID must start a waiting list because the demand for their services is so high. · Rebuilding Together Peninsula rehabilitates homes for low income homeowners. · Mills Peninsula Senior Focus provides low income able seniors a stipend to volunteer as helpers to low income seniors who need assistance with basic life tasks in adult day care facilities or Iow income housing. · La Raza Centro Legal provides South San Francisco residents with fair housing counseling and legal representation in housing matters pertaining to habitability. La Raza also will provide code enforcement assistance to residents in South San Francisco who normally would not report code violations in their residences. 2004-2005 One Year Action Plan Page 18 of 19 000027 [] Ombudsman Program of San Marco, Inc. investigates complaints concerning long- term elderly care facilities and advocates for the rights of residents of long-term care facilities in the county. [] Communities Overcoming Relationship Violence provides shelter for domestic violence survivors and their children as well as food, clothing, counseling and legal services. John's Closet provides free new school clothes to low income children. ELLIPSE Peninsula Ams Services provides professional and volunteer in-home support services to very-low income residents who are HIV positive to enable them to remain healthy and to live at home as long as possible. ELLIPSE staffnoted that rates of HIV infection in South San Francisco are rising. Samaritan House - Safe Harbor Shelter provides emergency shelter, food, and support services for up to 90 individuals countywide a night. · Project Sentinel provides fair housing counseling and advocacy for South San Francisco residents. Project Sentinel staff noted that family status and disability are the biggest areas of housing discrimination. · }tiP Housing offers affordable housing services including a home equity conversion program for seniors, shared housing referrals, life skills workshops for single parents, an a homeless prevention program. · North Peninsula Family Alternatives offers a program to improve parenting skills and increase school performance primarily for low income, monolingual Spanish speaking families. · Families on Track provides counseling, after school programming, and parenting education. · Tooth Mobile provides dental care to low income children, adults, and seniors in South San Francisco. Public Hearing to Finalize the 2004-2005 One Year Action Plan: Representatives of numerous community-serving agencies will likely attend the public hearing on April 14, 2004. Consideration of Public Comments: The City will consider all public comments in establishing its One Year Action Plan for 2004- 2005. The issue all of the agencies brought up throughout the public comment process was their need for more funding to be available to provide public services. The City cannot meet this need because we are required by federal law to only use 15% of our CDBG entitlement for public services. 2004-2005 One Year Action Plan Page 19 of 19 000028 Appendix A Summary of 2004-2005 Objectives 00O029 Summary of Objectives One-Year Housing, Community & Economic Development Action Plan 2004-2005 Section IH. Housing Activities A. Priority: Increase, maintain and improve the supply of affordable housing for low and moderate income individuals and families. Program Activity ~ 2004-200$ Objective ~ ~ ~ 2003-2008 Funding · Strategy ~i · Objective ~ :: N timber New Housing Construction County Property at Grand and Oak Avenues 440 Commercial Avenue 950 Linden Avenue Inclusionary Ilousing Development - Below Market Rate (BMR) Units Homeownership Opportunities First Time Itomebnyer Loan Program Work with the County of San Mateo to construct approximately 43 affordable apartments for Iow and moderate income families on County owned land at Grand and Oak Avenues. The units are estimated to be completed in 2007. Negotiate an agreement with Peninsula Habitat for Humanity for the purpose of beginning construction of four three-bedroom affordable ownership Ulfits for large low income families. The units will be completed in FY 2006-06. The City is negotiating an agreement with Mid-Peniusula Housing Corporation to develop 45 apartments affordable to families between 20-50% of the Area Median Income (AMI). The nnits will be available in 2007. Under the City's 20% Inclusionary Honsing Ordinance various developers will making new affordable units available to residents at or below 80% of AMI and residents at or below 120% of the AMI in the market rate projects they develop. Projects will be either rental or ownership units dependingon the type of project nnder development. Housing 1. I Housing 3.1 Housing 3. l Housing 3.2 $3,000,000 RDA $4,500,000 State Sources $500,000 iu-kind City land contribution $320,000 San Mateo Cotmty HUD Funding $1,5000,000 RDA $1,200,000 Sau Mateo County HOME Funds All private funds Conduct 1-4 seminars for first-time bomebuyers and make 4-5 low interest loans to first time homebuyers who are at or below 80% of the AMI or at or below 120% of the AMI. First time homebuyers will able to use the City loans to purchase homes anywhere in the City or in newly constructed BMR units created under the City's BMR ordinance. Housing 5.0 $250,000 RDA Continued on next page... 2004-2005 One Year Action Plan Sttmmary Page 1 of 6 families continued .... Program Activity 2004.2005 Objective Acquisition & Rehabilitation Willow Gardens Continne acquisition and rehabilitation of 48 honsing units to convert into affordable rental milts roi' families at 50-60% of' the AM[. During 2004-2005 the City anticipates purchasing 1-2 £our-plex buildings (4-8 units) as they become available in the market, depending on availability. Mid-Peninsula will moderately rehabilitate the interiors of any units pm'chased. Mid-Peninsula is embarking on a $500,000 exterior rehabilitation project of' the currently owned buildings funded through private sources. Downtown Affordable Housing f`und established to provide affordable rental housing £or low and very-low Ifousing Program income residents through the acquisition and rehabilitation o£dilapidated housing stock. Priority: Increase, maintain and improve the supply of affordable housing for low and moderate income individuals and 310,312 Miller Avenue Low Income Owner- Occupied Rehabilitation City-Sponsored Housing Rehabilitation Loan Program Emergency Code Violation Vouchers Debris Box Vouchcrs Minor Home Repair (House Helpers) The City will purchase, make improvements, and maintain these properties consisting of 7 affordable units to people below 60% of the AMI. The current residents, who are all low income, will not be displaced. 312 Miller will be purchased in 2003-2004 and 310 Miller will be purchased in 2004-2005 Assist low and moderate income homeowners with housing repairs citywide with priority for the Downtown/Old Town area. 3-5 households will be assisted with low- interest and/or deferred loans up to $35,000 each. Provide ho~neowners grants of up to $2,500 to clear up code violations in their homes. This program is available citywide and will assist 12 Iow income residents using approximately $15,000 of the funds allocated to the Rehabilitation Loan Program. Help Iow and moderate income residents ill the Downtown/Old Town area and citywide remove acctunt, lated debris and yard waste from their propellies. This program will assist 10 residents with approximately $5,000 fi'om the funds allocated to the Rehabilitation Loan Program. Provide free, minor home repairs to 30-40 very-low income hmneowners in the Old Town area and citywide. The program will use approximately $40,000 from the funds allocated to the Rehabilitation Loan Program. The majority of households assisted will be large families with small children and elderly, £emale heads-of-household. Rehabilitate 3 homes citywide of low income homeowners, including I roof repair. La Raza Centro Legal will assist 437-500 low income residents citywide in reporting code enforce~nent violations in their dwellings thus improving habitability conditions and reducing landlord abuse of tenants in South San Francisco. Rebuilding Together Peninsula Rental Housing Habitability La Raza Centro Legal Code En£orcement Assistance 2003-2008 Funding Strategy ObjeCtive : Number Housing 2.1 $14,000,000 fi'om mixed sources Housing 2.2 Housing 2.2 Estimated: $500,000 Potential funding sources for a project include HOME, RDA, and CDBG. $1,500,000 RDA Housing 4.1 $339,867 CDBG Housing 4.2 Housing 4.3 Housing 4.4 Housing 4.5 (Sub-program of City Sponsored Housing Rehab Loan Program) (Sub-program of City Sponsored Housing Rehab Loan Program) (Sub-program of City Sponsored Housing Rehab Loan Program) $8,500 CDBG Other Objectives 1.0 $5,000 RDA 2004-2005 One Year Action Plan Summary Page 2 of 6 Priority: Provide service-enriched shelter and transitional housing for homeless individuals and families. Program.4ctivity : 2004-2005 Objective ' : ; 2003-2008 ~ Funding Shelter Network - Crossroads Shelter Network - Maple Street Samaritan }louse - Safe Harbor Human Investment Project Provide transitional housing and supportive services to 25-35 homeless individuals. Provide transitional housing and supportive services to up to 20 homeless individuals. Homeless 1.1 $18,000 RDA Ho~neless 2.1 $7,500 RDA San Mateo County's emergency shelter serving 90 individuals countywide a night with shelter, food, restroom facilities, and supportive services. Safe Harbor will serve 80 homeless individuals citywide. Provide shared housing referrals to 130-162 Iow and very-low income individuals. Homeless 2.2 $7,000 RDA Ho~neless 3.0 $22,500 RDA B. Priority: Provide service-enriched housing opportunities for individuals and families with special needs including, but not limited to, seniors, people with physical and developmental disabilities, domestic violence survivors, people with AIDS/ItIV, and people in treatment for substance abuse. Center for Independence of the Disabled (CID) Housing Accessibility Program Conmmnities Overcomiug Relationship Abuse (CORA) Provide housing accessibility modifications to the homes of 20-30 Iow and very-low income disabled households. Provide sbelter and services to 7 low income domestic violence survivors. Special $15,000 CDBG Needs 1.1 Special Needs 2.1 Public Services 3.4 $4,000 CDBG Continued on next page... 2004-2005 O~e Year Action Plan Sutnmar)~ Page 3 of 6 Section IV. A. Non-Housing Community Development Activities Priority: Provide core public services activities to improve the quality of life for low income individuals and families, including those at risk of becoming homeless and special needs groups. : 2003-2008 Funding 2004-2005 ObjeCtive : Objective Childcare Child Care Coordinating Council City-Sponsored Cbild Care Friends to Parents SSFUSD - Children's Center Senior Services City-Sponsored Adult Day Care Second Harvest Food Bank Ombuds~nau Program of Sau Mateo County General Social Services North Peninsula Neighborhood Services Center (NPNSC) The Tooth Mobile Project READ Sitike Counseling Ceuter Provide emergency childcare for up to 5 low and very-low income children of families in crisis. CDBG monies provide fee assistance stipends to 15-25 Iow and very-low iucome children for before and after scbool recreational program. Provide center-based childcare to 70 infants and preschool children fi'om low and very-low ncome households. Provide extracurricular activities to 160 Iow and very-low ncome children. Public $5,000 CDBG Services 3.1 Public $10,000 CDBG Services 3.1 Public $5,000 CDBG Services 3.1 Public $3,000 CDBG Services 3.1 Provide st,'uctm'ed and supervised care ill the form of social, educational and recreatioual activities to 50 Iow and very-low income frail or disabled seniors. Provides low and very-low income seniors and disabled people a weekly bag of food to supplements their diets. Approximately 400 senior or disabled residents will be served. Monitors adult-care facilities and reports abuse and negligence, advocating for residents of 39 long-term care facilities in the City of South San Francisco. Will address the needs of 50 Iow income seniors or disabled resideuts in long-term care facilities iii Sot, th San Francisco. Public $19,000 CDBG Services 3.2 Public $4,000 CDBG Services 3.2 $1,700 CDBG The Sail Mateo County core agency located in South San Francisco provides critical social Pnblic services to 1300 low and very-low income residents with ilnmediate needs. Services 3.3 $24,000 CDBG Provides on-site dental services for low-income children, adults, and seniors iu South San Francisco. 100% of the beneficiaries are low or very-low income. The Tootb Mobile estimates it will serve approximately 850 individnals with either dental screenings and/or treatment dnring 2004-2005. Provides individualized tutoring in basic skills as well as tutor training for program volunteers. Approximately 39 Iow and very-low income people will be served. Provide chemical dependeucy treatment for 60 low and very- Iow income residents Public Services 3.3 Public Services 3.3 Public Services 3.3 Special Needs 4.0 $14,000 CDBG $6,000 CDBG $5,000 RDA C~ CZ) 2004-2005 One Year Action Plan Sztmmaty Page 4 of 6 A. Priority: Provide core public services activities to improve the quality of life for low income individuals and families, including those at risk of becoming homeless and special needs groups continued... 2004-2005 ObjeCtive ' Battered Women's Services Commu,fities Overcoming Relationship Abuse See Housing Activities Priority C Rape Trauma Services Center Disabled Services ELLIPSE Peninsula AIDS Prograln Only San Marco County agency to provide information, resonrces, and support to sexual assault survivors. Approximately 345 low income individuals will be served. Provide in-home support service to 12 low and veryqow income households with HIV/A1DS PARCA (Peninsula Association for Retarded Children and Adults) Youth Services John's Closet North Peninsnla Family Alternatives (NPFA) Provide snpport, information, referrals, outreach, advocacy, and recreation opportnnities for approximately 184 low income individuals with developmental disabilities and their families. Provide new clothing to 315 low and very-low income school children. Provide parenting skills to 60 low and very-low income households. 2003-2008 Funding Objective Number Public $4,000 CDBG Services 3.4 Special Needs 2. l Public $5,000 CDBG Services 3.4 Public Services 3.5 Special Needs 3.1 Public Services 3.5 Special Needs 5.0 $4,000 CDBG $5,000 CDBG Public $3,000 CDBG Services 3.6 Public $9,000 CDBG Services 3.6 B. Priority: Sustain and increase the level of business and economic activity in areas that serve or have a high percentage of low income residents. ~ :: : i ~: : Number City-Sponsored Connnercial Provide financial and teclmical assistance to property owners undertaking exterior business Non-Housing Rehabilitation improvements, which can include signs, awnings and exterior painting. These 1.1 improvements help owners increase the use of their commercial buildings and ilnprove the appearance of the Historic Downtown district. Goal: to assist 4-6 businesses. Funding $175,000 CDBG $150,000 RDA Continued on next page... 2004-2005 One Year Action Plan Summary Page 5 of 6 C. Preserve and improve public facilities that serve a high percentage of low income residents. Program./tctivity : 2004-2005 Objective ~ "' i 2003-2008 ' Objec.veN m e Public Facilities The Safe Harbor Shelter, the Boys and Girls Club, and other conmmnity organizations may Non-Housing be funded in 2004-2005 out of the existing allocations for ci~-sponsored housing or 2.1 commercial rehabilitation programs. (Funded through rehabilitation programs as needed) Section V. Lead-Based Paint Abatement Pr°gramActivity ; :: . Lead-based paint abatement Continue to apply federal lead-based paint regulations in all housing and commercial Otber procedures rehabilitation projects to reduce lead-based paint hazards. Collaborate with the County of Objectives San Mateo and other county jurisdictions to coordinate educational efforts. 2.0 Funding (Funded through rebabilitatiou programs) Section VI. Fair Housing Project Sentinel Provide fair housing counseliug and advocacy casework to 10 low incolne households and respond to approximately 140 telepboue inquiries fi'om resideuts requesting fair housing information. La Raza Centro Legal Provide 400 low incolne individuals with services including informatiou and referral, legal advice and counseling, and legal representation. ObjeCtive Number. Other $3,000 HOME Objectives 1.0 Other $15,000 ltOME Objectives 1.0 2004-2005 One Year Action Plan SItmntar? Page 6 of 6 StaffReport AGENDA ITEM #12 DATE: TO: FROM: SUBJECT: April 14, 2004 Honorable Mayor and City Council Marty Van Duyn, Assistant City Manager APPEAL OF PLANNING COMMISSION DECISION TO UPHOLD THE DETERMINATION OF THE CHIEF PLANNER THAT THE PROPOSED USE IS INCONSISTENT WITH THE PROVISIONS OF THE RETAIL COMMERCIAL (C-1) ZONING DISTRICT AND DOES NOT CONFORM TO THE GENERAL PLAN, IN ACCORDANCE WITH SSFMC 20.90.040 (A). SITE ADDRESS: 915 LINDEN AVENUE OWNER: ELISA SANDOVAL APPLICANT: AGS QUALITY LINENS (ELISA SANDOVAL - PROPRIETOR) CASE NOS.: P03-0077/CPD04-0001 RECOMMENDATION That the City Council uphold the Planning Commission's decision that the determination of the Chief Planner was correct and deny the appeal. BACKGROUND/DISCUSSION On February 19, 2004, the Planning Commission reviewed an appeal of a determination by the Chief Planner that a proposed use was inconsistent with the City's Zoning Ordinance and General Plan. The applicant, Ms. Sandoval, runs AGS Quality Linens (AGS), a linen rental and laundering business located at 915 Linden Avenue. Although the 900 block of Linden Avenue was originally zoned for industrial uses, it was rezoned for commercial uses in 1986 to serve the residents of the Paradise Valley and Terrabay neighborhoods. Once the property was rezoned for commercial uses, AGS became a legally non-conforming use since the Zoning Ordinance defines linen rental and laundering businesses as an industrial use type. Ms. Sandoval applied for a use permit in July 2003 to nearly double the size of the business by expanding into an adjacent tenant space within the building. However, upon reviewing the application, the Chief Planner determined that the proposal was inconsistent with the Zoning Ordinance and the General Plan since it called for expanding an industrial use within an area that is now designated solely for commercial uses. Because the proposal did not conform to the zoning district or the land use designation assigned to the property under General Plan, the Chief Planner ruled that findings could not be made to support approval of the use permit application. The applicant subsequently appealed this decision to the Planning Commission on February 19, City Council Staff Report To: Honorable Mayor and City Council Subject: P03-0077/CPA04-0001 April 14, 2004 Page 2 of 3 2004, but the Commission upheld the Chief Planner's determination and denied the appeal. Now the applicant is appealing the ruling of the Planning Commission to the City Council. PLANNING COMMISSION DISCUSSION: The applicant's expansion plans include adding a retail element to the business in the form of a linen showroom and sales office. In her opinion, this new element should qualify, AGS as a commercial use rather than an industrial use since a portion of the business would now consist of on-site retail sales (see Applicant's Appeal Application). However, the expansion plans show that the vast majority of new floor area would be used mainly for laundering, storage, and shipping and receiving of linens, rather than for sales and showroom purposes. In order for the use to qualify as a commercial as opposed to industrial use type, only 30% of the business can consist of industrial laundry operations. In this case, it is clear that the majority of AGS' business would continue to consist primarily of industrial operations since most of the floor area would still be used for large-scale laundering, warehousing and shipping and receiving, with the new retail element only comprising a small portion of the business. The City Attorney informed the Planning Commission that while the Zoning Ordinance does allow for the expansion ora non-conforming use subject to the approval of a use permit under SSFMC Section 20.97.050, in order to be able to approve a use permit the Commission must find that the application is consistent with the policies of the General Plan (see attached PC minutes). Because the site is desi~aated specifically for neighborhood-serving commercial uses in the General Plan, such a finding cannot be made. While a small-scale dry cleaner or a linen retailer would be compatible use types at the site, an industrial laundry serxfice such as AGS whose business consists primarily of linen supply and laundering would clearly not. The Commission ultimately determined that the proposal could not be defined as a commercial use type and subsequently upheld the determination of the Chief Planner, citing its desire to support the original vision of the General Plan by encouraging commercial uses in the area. CONCLUSION: The applicant's property is located in the Retail Commercial Zone and desig-nated Community Commercial in the City's General Plan. While pre-existing industrial businesses are allowed to remain in the area indefinitely as legally non-conforming uses, they are not allowed to expand since they do not conform to the Zoning Ordinance or the General Plan. The applicant believes that her expansion plans would change the nature of her business from an industrial use into a retail commercial use, thereby bringing it into conformance with the Zoning Ordinance and General Plan. But the Chief Planner determined that the proposal still did not qualify the business as a commercial use and was therefore unable to send the application forward with a recommendation for approval. The applicant appealed the Chief Planner's determination to the Planning Commission, but the Commission upheld the determination and denied the appeal. Since the proposal has been clearly found to be inconsistent with the City's Zoning Ordinance City Council Staff Report To: Honorable Mayor and City Council Subject: P03-0077/CPA04-0001 April 14, 2004 Page 3 of 3 and General Plan, staff recommends that the City Council uphold the Planning Commission's decision and deny Application P03-0077/CPD04-0001. Michael A. Wilson City Manager ATTACHMENTS: Applicant's Appeal Application Minutes of Regular Planning Commission Meeting of February 19, 2004 Applicants letter dated April 6, 2004 Applicant's Presentation to the Planning Commission on February 19, 2004 Petition in Support of Application submitted to the Planning Commission on February 19, 2004 Plapm~ing Commission Staff Repo~ dated February 19, 2004 Plans Hat 05 O~ O~:5~p p.2 CITY OF SOUTH SAIN FRANCISCO Planning Division 315 Maple Avenue, South San Francisco, CA 94080* (650) 87%8535 APPLICATION FOR APPEAL Applicants who wish to file an appeal of a decision of the Chief Planner or the Planning Commission, or a Design Review decision, shall submit the following (a letter or additional sheets may also be submitted): 1 What, specifically, is being appealed? Case No: t-~ 3-o 077//,/P 03- ool ,-5 2 2~at is the basis of your appeal? Include facts to support your appeal .and all pertinent information. 3 If you ~e ~e oh~n~ ~plic~t, sabot thC-five ~35)reduced copies (8 1/2" x 11") of~ e~bits (maps, pt~s, elevations, etc) w~ch were submged with ~e o~g~al apphcation. 4 Filing fee - See Fee Schedule Name: I Mailin~ Address: Phone No. (~) '~l-bB Signature Date *Mailing Address: P.O. Box 711, South San Francisco, CA 94083 -1- Planning Commission Meetiing of February 19, 2004 Commercial (D-C-L) Zoning District, and a 4-space parking exception in accordance with SSFMC Chapters 20.26, 20.74 and 20.81. Associate Planner Kowalski gave the Staff Report. .]ack Tsai, applicant, was available for questions. Public Hearing opened. Albert Mosqueda, 334 Baden Avenue, was concerned with the storefront being located too close to the sidewalk and the 13-foot height of the facade being too tall. He noted that he has been working with Hr. Tsai on resolving this issue and finding a reasonable height so the front of the building would not feel intrusive to the public and his property that is situated next door to the proposed structure. Public Hearing closed. Commissioner Sim - what is staff's opinion with the setback question regarding the storefront. Associate Planner Kowalski noted that staff agrees to the storefront should be flush with the front yard setback of Mr. Mosqueda's property. He noted that this could be added as a condition of approval if the commission so desired. The Commission and the applicant discussed setting back the building to accommodate the needs of his neighbor. Plr. Tsai noted that he is working with Mr. Ptosqueda and is willing to lower the front fac;ade to l0 feet. The Commission suggested that the front facade elevation can be worked out with Planning staff and will be subject to the Chief Planner's review and approval. Vice Chairperson Teglia asked that staff verify that the setbacks do not come up to the Citf street in a manner similar to the Giorgi Brothers furniture showroom. Mr. Mosqueda added that he has encouraged the applicant to move back the deck from the second level and only leave a 10-foot elevation at the storefront. Commissioner Sim noted that the setback of the second level would be beneficial from an aesthetic point of view. Chairperson Ochsenhirt asked if the tree at the front of the property would be removed. Associate Planner Kowalski noted that if the tree needs to be removed a condition of approval has been added requiring that the applicant replace the tree. Motion Romero / Second Sim to approve P03-0132 & UP03-0024 with the additional condition that the front fa(~ade elevation be worked out with Planning staff subject to the Chief Planner's review and approval. Approved by majority voice vote. 1 absent. AGS Laundry/Elisa SandovaI-Owner/Applicant Denied Appeal 915 Linden Ave. P03-0077/UP03-0013 and Class i Section 15301 Minor Alterations of Existing Facilities Appeal of the determination of the Chief Planner that the proposed use is inconsistent with the provisions of the Retail Commercial (C-1) Zoning District and does not conform to the General Plan in accordance with SSFMC Section 20.90.020(b). Associate Planner Kowalski presented the Staff Report. Michael Nilmeyer, Architect, described where the applicant was moving its business to and specified the square footage each function of the business would occupy. .]ohn Ward, representing AGS Laundry, passed out his presentation to the Commission and read it into the S:\Minutes\Finalized Minutes\2004\02-19-04 RPC.doc 2 Page 2 of 7 Planning Commission Meeting of February 19, 2004 record. IA copy is attached, although he did not distribute the pictures noted in the letter.] He also distributed a petition with 70 signatures of City residents and AGS Linens employees. Public Hearing opened. There being no speakers the Public Hearing was closed. Assistant City Attorney Johnson noted that the zoning code provides the opportunity to expand a non-conforming use with a use permit. However, to grant a use permit the Commission must make a General Plan consistency finding. She added that Chief Planner Sparks has made the determination that it is a laundry service rather than a personal service that would qualify in the C-:i district, and therefore is an expansion of a non-conforming use. Hence, unless a General Plan conformity finding is made, a Use Permit cannot be issued. She pointed out that under the zoning code, the C-1 district allows for civic uses, food and beverages, retail sales and other commercial services are covered but large scale laundering is not permitted in the C-1 district. Chief Planner Sparks noted that the owner was looking at expanding throughout the whole building. He noted that the current proposal couldn't be interpreted as retail because it is an industrial laundry as defined in the zoning ordinance. He added that the parking the trucks on the street is illegal. He noted that the Hoem-Schurba decision was a distinction between wholesale and retail commercial uses versus commercial and industrial uses. He pointed out if the desire of the Commission is to approve the use, then a General Plan Amendment should be initiated for the whole area to allow for industrial uses. Commissioner Romero noted that the vision of the City for that area is to have a retail strip that would serve the neighborhood. He asked Mr. Ward if the applicant asked for the City's input before or after they purchased the property. Mr. Ward noted that the project involved several meetings with the Assistant City Mgr and there was not a clear idea of what the direction of the City was at the time. Chief Planner Sparks added that the applicant had discussions with the owner but staff was not informed when the property was purchased. Mr. Greco added that he was led to believe by the Assistant City Manager's positive reaction that the laundry could expand into the other building. Had he known that this would not be approved, they wouldn't have purchased the building. Vice Chairperson Teglia asked if the laundering is for in-house or out of house linens. Mr. Ward noted that the laundering portion of the building would be only for their linens and any that they have rented out. There are no out of house linens accepted. Vice Chairperson Teglia asked if the smaller section was going to be used for laundering and the other areas were going to serve as the showroom, warehouse and rented areas. Mr. Ward replied affirmatively. Vice Chairperson Teglia noted that the site could become a bustling retail facility. He added that the industrial factor is being reduced and he did not see any difference between this application and Hoem-Schurba. Commissioner Zemke and Commissioner Sim noted that they did not want to overturn staff's decision and that the City does not want to move backward but continue forward with the vision of the General Plan. Recess called at 8:49 pm / Recalled to order at 8:53 pm Assistant City Attorney Johnson noted that the Zoning COde defines laundry service to include linen supply services. She noted that the word supply means to furnish or provide and does not distinguish between sales or rentals. Linen supply services falls within laundry services, which is identified as an industrial use in the Zoning Code. She added that the applicant can request a Zoning Amendment to change the definition of laundry services to distinguish between linen supply services and linen services that are focused predominately on rental and retail transactions. She added that the Commission is not reviewing an application, but the interpretation of this narrow section in the Zoning Code. Motion Romero / Second Teglia to uphold the interpretation of the Chief Planner. Ayes: Commissioner Giusti, Commissioner Romero, Commissioner Sim~ Commissioner Zemke~ Vice Chairperson Teglia, Chairperson Ochsenhirt Noes: None Abstain: None Absent: None Approved by majority roil call vote. S:\Minutes\Finalized Minutes\2004\02-19-04 RPC.doc - 3 - Page 3 of 7 JOHN M. WARD .~r ~soc~'ms A Consulting ~roup 792 WILLBOROUOH PLACE BURLINGAJ,L~, CA 94010 (650) 342-0683 (FXX) 342-0977 April 6, 2004 Mayor Karyl Matsumoto City of South San Francisco City Hail - 400 Grand Av~nuo South San Frauoiscol CA 94080 Re: Appeal filed by AGS Qualiq' Linens Dear KaryI and City Council members: My firm represents AGS Quality Linens - Sales and Service, which has appealed the Planning Comm/ssion's decision to uphold a determination of the Chief Planner that "expansion of laundry services" at 915 Linden Avenue (property address) in the C-1 Retail Commercial zomg District is inconsistem with the General Plan This matter will be the subject ora public hearing before your honorable body on Thursday, April 14, 2004. In your packet of materials for 'dais he, ring, you will find two pieces of correspondence from my firm (dated August 21 and October 17, 2003) outlining some of the history of this property, including its purchase by the applicant, the vacating of leased space by Chang Enterprises, a light industrial use, and how AGS proposes m utilize that vacant space under a proposed expansion plan_ As background, the staff report states: "In July 2003, the appheant approached the Planning Staff with plans to expand her laundry business rote a vacant tenant space adjacent to her current facility..." The impression is left that this business is a laundry that serves the general public, i.e. washes and dry cleans as its primary enterprise, when in fact that is not the case as this letter will demonstrate. At the outset of this discussion, it is important to establish a factual base from to develop a clear under,tending that the laundry portion of tlais business operates solely for the purpose of cleaning linen table cloths, napkins and accessory items which are rented to the pubhc. Tiffs public includes local hotels, city's conference center, catering companies and other business entities, plus individuals on a drop-mbasis. The linens are generally delivered and picked up by AGS vehicles. As the photo exkfibit will represent, the current business operations are constrained in extremely cramped fight quarters, making i~ very difficult to serve ex/sting clientele, let alone an expanded retail operation for which there is clearly a market, even in Ikis uncertain economy. The staff report provides a definition of "laundry services" under the current zoning ordinance: "establishments primarily engaged in the provision of laundering, dry cleaning, or dyeing services..." Again, this is not a fair or accurate definition as applied to AGS, which is engaged in the rental and sale of qnality linens, not laundering, dry cleaning or dyeing services. As mentioned above, due to severe I/mitations on space, it is vinually impossible to expand the sales side of the business with no showroom or even a table large enough to -4- Rpp O? 04 ~:39p p.3 display the limms to a visiting public. Michael Nilmeyer, project architect has prepared plans which propose a showroom and connected warehouse sales ares In reviewing the plan, you will find that contrary to the staff report, the laundry portion is not being expanded but that the square footage would essentially be relocated to a now vacant portion o£the building and m closer proximity to other operaiions for purposes of efficiency. The square footages presented in the staff report do not accurately reflect the proposed uses, particularly the 7,849 square feet of warehouse area for linen sales and rentals, which is not specifically mentioned, and would become integra] to the showroom at the entrance to the building. In the final analysis, what we have here is virtually a chicken and egg situation as the current zomg district calls for retail commercial, yet if the Planning Commission's decision is upheld, AGS will not be allowed to expand its retail operation. We would comend that to deny AG$ the opportunity to g~ow its retail business and simply look in the status quo is contrary to the public interest and adverse to a private enterprise trying to expand m this most challenging economy. Under the no-expansion scenario, one must ask, "what happens to the currently vacant space withiu this 45,$60 square foot building. Staffs determination, which the Commission ultimately accepted after some debate, is based on an interpretation of the~ zoning ordinance as applied to tie applicant's request In our view that du~ermination is inappropriate because it assumes that AGS is running an mduslaial laundry plant similar to one which would service linen and bedding fi.om hotels and other.visitor-serving facilities. AGS is operating a commercial enterprise not dissimilar to a fiirniture rental store or even a sWicfly retail appliance bu-qiness, both of which require snfficient square footage within a building for storage or display of merchandise. The fact is the laundry portion does not produce income for the business, but is required to support the linen serv/ce which is what generates income. Why would the city not want to encourage a successful business enterprise in an area which is marginally retail at best, a business Ithat would improve the environment on a landmark site at the comer of Linden and ~ill.qide, on a well-traveled gateway to the downtown from Airport Boulevard? Your' attention is drawn to the lack of progress with the private redevelopment across the sweet at Hillside Plaza, a commercial strip center, which until recently had been vacant more than two and a half years, prior to which a super market failed at that location. Further, in placing this request by AGS in a broader context, it is impomt to recognize that the current neighborhood reflects a diverse mix of light industrial, retail and residential uses as the attached Neighborhood Profile exhibit will demonstrate. As a reference point m this discussion it is noteworthy that the Planning Commission reversed the Chief Planner' s recommendation to den), an appeal by Hoem-Schurba carpets for expansion of its building at 951 Linden and down the street from the subject property. The denial was overturned by the Commission which did not accept the argument advanced by staff, the same argument presented in the AGS case, that the predominant use of the site and proposed expansion was non-conforming m the c-1 Retail Commercial Zone District. Hoem-Schurba is successful today because it was able to expand by adding new square footage to its remodeled build/rig which stands out as probably the nicest building along this gateway into the downtown business district. The staff report suggests that "ff the subject business is allowed to expand the C~ty may lose one of its final oppommifies to realize" a C~neral Plan percy related to encouraging the 2 -5- ~p~ (]7 04 IR:3S~ p.~ development of a new mixed-use neighborhood center with a supermarket at the comer of Hillside and Linden for the residents of Paradise Yalleyfrerrabay Planning Sub-Area_ Your Council will want to assess whether it is realistic to assume that such a General Plan policy can be fulfilled on this site or the surrounding area in the next five to l 0 yeas, even with the help of the redevelopment agency. If the city is serious about redevelopment of this site, the landowner is willing to negotiate the sale of the property- to the city immediately. Of course, the city maintains the ability to acquire the property in the future when the time is right. In the meantime, why not allow AG$ to upgrade the property, giving the rundown huitdmg a face Iffi with new landscaping and parking area to the rear to screen its vehicles from public view? It would seem to be m the public interest for the city to partner in that effort, at no cost to the taxpayers, with no use of limited redevelopment dollars now earmarked for other important projects in the communily. The staff report points out that "much of the site is dilapidated and unkempt," but then asserts that allowing industhal uses to expand there could result m further neglect and hinder development." On the contrary, AGS, as owners of the building since early last year, desires to upgrade the property and correct the deficiencies noted above, while expanding /ts commercial operations and not, as the staff report suggests, expanding an industrial use. It would seem fair to ask the question, "where is the incentive for AGS to invest significant doltars in upgrading the building and grounds if its request to expand is denied by the ciD'?" Further, how can the retail portion of its business be elevated without a showroom and adequate warehouse sales axea for customers to view the wide range of goods available for .. sale or rental, without new signage to attract customers to a busings which functions today': with no signage and limited street presence on [tiltside Boulevard, save for parked company vehicles. As you know from observing the building (see photo exhJbi, t) the o_nJy access to AGS Linens is through metal roltup doors on Hillsdale. While acknowledging the apphcant's new business plan incorporates a retail sales element, the staff report concludes that the bushaess will continue as an industrial laundry service as defined by the zoning ordinance. We would conclude by reiterating the point that to portray AGS ~ Linens as primarily an industrial launch-y service is neither an accurate representation of the nature of its present business operations nor its intent to expand the retail component in the future. Thank your for your consideration of the request made by AGS Quality Linens, a minority-owned business owned and operated by Elisa Sandoval, with a majority of its employees residing in the city of South San Francisco. Best regards, ~'-~lS~/ncipal Copy: Mike Wilson, City Manager Marry Van Duyn, Assistant City Manager Tom Sparks, Chief Planner Steve Kowalski, Associate Planner El/sa Sandoval, AGS Qual/ty Linens ~PH OTO E×HIB IT8 I.~'1 N ENS 244 Hillsk~ie Blvd. So. San Francisco, CA ¢5O) 952-6658. EXCEPTIONAl. PARTY LINENS SALES & REN'IALS Outside Entrance- 24.4 Hillside Boulevard Building View - t-Iillsidc Boulevard Building View - Corner of Linden and Hillside I,,11,1~ ~tor~I.~e Are~ Ol;fic(~ En ~rance 'La undry & Productio~ Area Intentionally left blank Proposed Showroom/Office Area Proposed Showroom/Office Area Proposed Warehouse Sales Area Neighborhood Scl;I;in~, (Ad}acenl; 99 Neighborhood Sc;ting N¢i{~hbo~'hood Scl;I;ing 792 ~VILLBOROUGI% PLACE BURLINGAME, CA 94010 (650) 342-0688 (FAX) 342-0977 by the Chief Good evening Mn*, Chairrnar a~d members of the~ommxss~un," : '- ' i wi~ now ask Iviici-~ei Niimeyer, the proje= architect, to present the srososed plans, a:ter wh~ci I wdl! provme the Commission with our case for appealing the dete~-~ninadon the Chie£Planner. FL-st and on behalf of/he appticant~ i want to. thm~k the Piarming sta,_T for ks assistance inp., rocessmt~ this appncanon, and al/houg~h we,~'~sp,,~mLy~+ ~ msa~ree witi the ~ ~', ' ~ it reaJned, let me say that ~ my marcy ye~s of hanna dealt wkk the dep~em on vmfious proiects, the shy is in deed fonuna~e to have a st~T w~si operates ~fitk suck a m~h degree o~ pro~ess~onahsm an~ imegrity, in your packet you will find ~-wo pieces of corespondents from my fi~ (dated Au~ma, st 2 ! ~nd October 17, 2003) outlining some of the ~s~o~ of this prope~y, including ks purchase by the applieam, the vacating of ie~sed spa.es by Chang Ente~fises~ a light induslria! use, and how AGS proposes to utilize that vacant space under a proposed exTansion plan. lr~ the background statemem, the s~affrepo~ ~a~es: "~ July 20C3, the appiicam approached, the Planning Staff with plans to expand her taundu business into a vacant tenant space adjacent to her current faciiitT..." The imsression is left thru this bus,ess is a iaund~, thru se~es tl~e general public, i.e. washes and dry cleans as ks prkna_q, ente¢fise, vYnen ir~ fact that is not the case as i will attemtt to demonstrate this eve~ng, At the outset k becomes crkic, a! for us to ea~olish a fatal foundation wbSch we believe is built upon the clem- ~derst~ding ~at ~e Iaundur po~ior~ cites business onsrares soieiy ~r the pumose of ciea~ng linen table ' '-' .... ~ . . s~oms, nap~fins and a~sso~ items wbJsh are rented to the public~ inziudkng local hotels~ satmng comsames and other emkies, plus mdMduais on a drop-ir~ b~sis. The linens are generally d~l~ver~d and picked up by AGS ve~eles. ~ s the photos wil~ demonstrate (g~s~w=tea ~ t~s ~me~, the cu~enr openfions are con,mined in e;~eme~y right quansr~, minting k veu difficuk to se~e e~sting clientele, ~et alone an expanded retail operation for whiei there is sieafiy a mm-kef, even in this unce~ain economy. ~zu~n~' ~ to pa~e_ ,~ or~ the' s~a~--' = r,,:~o_~=~' ~-~, a .=.~=~=~=~=~*;~_ of"laund~ s~=,n~=: ~=~" under +~n~ ~ ~u~-~ zoning orai~nce is orov~ded as follows: "estabiis~ments ~nm~-iiv enaaae~ in the prox4sion oflaundefing~ do'-;~amns~;.~ or dyeing *~;~ ' / '~ ,~ ~' ' ........... ~ga~:~ this i~ not a raxr or -7- accurate linens, not laundering, d%' cleaning or dyeing services. As mentioned above, due to ~. ...... .. __ _ _ oi th~ ~,~ar~ limitations on space, i~ is vLrmatiy impossible to expand the sales side ~' -~ public. Michael Nitmeyer has shown you the plans which propose a showroom and connected warehouse sales area. He also pointed out that contrary to the staff repoa, the · t.,a~ the s,l,,ar,- fc ...... " .... ~a .....,;on,, be laun&w portion ~s not being expanded ~"'+ *' + ...... * .... reloca.ted to a now vacant portion of the building and in closer proximity to other operations for purposes of e~iciency. As Michael has pointed out, the square footages presented on page two of the staff report do not accurately reflect the proposed uses:, particularly the 7,849 square met o~r warehous~ area for linen sales and rentals, which is not specihcaliy mentioned, and would become integral to the showroom at the entrance to the building. In the final analysis, wha we have here is virtually a chicken and egg situation as the _ ~ l~ tn~ staff' s dete~Tnination is cu~ent zonin~ district calis mr retail commercial, yet '~' ~ ~ upheld, AGS will not be allowed to expand its retail operation. We would contend fnat to deny AGS the oppo,~unity to grow its retail business and simply lock in the stares quo is contras, to the public interest and adverse to a private enterprise trying to expand in this most challenging economy. Under the no-expansion scenario, one must ask, "what happens to the currently vacant space within this 45,560 square foot building. Staffs determination is based on ar~ interpretation of the zoning ordinance as applied to the applicant's request. In om- view that determination is inappropriate because it assumes that AGS is running an industrial laundu, plant similar to those which service linen and bedding from hotels and other viskor-serving facilities. AGS is operating a commercial enterprise not dissimilar to a furniture rental store or ~ :' uum ul wmC~ require ---~ ~: -' ~ · ~umuiem sc~uare ~oota~e even a strictly r~[al~ appliance bus~ness. ~ -'~ -=--'~: ~ within a building for s~orage or display of merchandise. The r%ct is the laundry portion does not produce income for the business, but is required to supporl the linen service which is what generates income. I would ask the Commission this question: why would the city not want to encourage a successful business enterprise in an area which is marginally retail at best, a business that would improve the envkonment on a landmark site at the comer of Linden and Hillside, on a welt-traveled gateway to the downtown from Airport Boulevard? Witness the 1ack of progress with the private redevelopment across the street at Hillside Plaza, a commercial strip center, which until recently had been vacant more than two and a half },ears, prior to which a super mar'ret failed at fnat location. Further, in ptacing this request bi' AGS in a broader contel, it is important to recognize that the cu~ent neighborhood reflects a diverse mix of light industrial_ retail and residential uses as the a2ached Neighborhood Pro,lc exhibit will demonstrate. -3- As a ~'~',,~,~,,~**,,,, ...... point in this discussion ! w,,~,l,~"' ~~,,,~,~*~;~ the o,~..~.o0,~; .... ~ its acmon" in June of 1999 when the Chief Planner recommended denial of mn appeal by Hoem- Schurba capers for expa~ion of ks building at 951 Linden just down the s~eet from the subjectv.~,,~v~. ~ .... The deniai was overturned ay the Co~ssion which did not accept the predominant use of the site and proposed expansion was non-conforming in the C-1 Retail Co~ercial Zone District. Hoem-Schuffoa is success~l today because it was able to expand by. addin~ new square footage to its , .... ,~,,~,~,~ ~-~***=k":~;*~ which stands out as one of the dcest, if not the nicest building along this gmeway into the downtown business district. The staff repo~ suggests that "if the subject business is allowed m expand the City may lose one of ks final opportunkies to realize" a General Plan policy related to encouraging the development of a new mixed-use neighborhood center with a supermarket at the corner of Hillside and Linden for the residents of Paradise Valley/Terrabay Planning Sub-Area. The Commission will want to assess whether it is realistic to assume that such a General Plan policy can be fulfilted on this site or the su~ounding area in the new five to i 0 years, even with the help of the redevelopment agency. If the cit.., is serious about redevelopment of this ske, the landowner is willing to negotiate the sale of the property m the ci~, immediately. Of course, the M~ maintains the abilky to acquire the property in the future when the time is right~ h~ the meantime, why not allow AGS to up=o-fade the propertT, giving the rundown building a face ti5 wkh new landscaping and parking area to the rear to screen ks vehicles ~om public view? It would seem to be ir~ the public interest for the city to partner in that effort, at no cost to the taxpayers, with no use of limited redevelopment dollars now earmarked for other important prqiects in the community. The staff report points om that "much of the site is dilapidated and urg:empt,'" but then muu~m~ USeS tO Cou~d ~nder deveiopmen:." On the con:a:~, AGS, as o:mers of the building since early las: year, deskes to up,adc the prope~y and corre~ the deficiencies noted above, while expanding ks co~erciat operations and industrial use. k would seem ::ir to ask the question, "where is the incent:ve for AGS invest signmcant .... dollars in up~ading the bulldog and ~ounds :: :~ its request :o expand is Clt¥~ .. cab a~mea by the . Fu~her. how the retail portion oY its business be elevated without a sho~oom ~d adequate warehouse sales area for customers to view the wide r~ge of =ooas available for sale or rental, without new si:na~e to a~ract customers to a business whch ~nctions today wkh no signage and limited steer presence on :illside Boulev~, save for parked company vehcles. As you :mow from obse:4ng the building (?'eferri~g ::ain to thephoto exhibit) the o~y access to AGS Linens is t~ouCn mmai roSup doors on ~:ltsdaL. ,¥:rnile ac -k_now~eamn~ the applicant' s new bus:n~ss plan incomorates a retail sales element, the siaffreport concludes that the business will continue as an industrial iaundo, -9- -4- that to portray AGS Qualit.¥ Linens as primarily, an industrial laundo, service is neither an accurate representation o£the nat-are of its present business operations nor its intern to expand the retail componem in the i~uture. -10- Neighborhood Profile z,o ~ ~-° Airpo,' ' -L "'~mvd - comer of Linden Ave. 985 Linden Ave. 951 LNden Ave. 950 Linden Ave. 942 Linden Ave. ,~_~ 8 Linden Ave. 925 Linden Ave. 930 Linden Ave. 925 Linden Ave. 915 Linden Ave. 910-912 Linden Ave. 900 Linden Ave. i~iliside Blvd. near Linden 244 ,Hillside Blvd. 250 Hillside Blvd. 15iliside Plaza center t00 Arden on comer of ~illside Blvd. Comer of School and Hillside Blvd. 2 single family homes (1 vacant and uninhabitable) ~-,.~;= W,,-ehouelna & Distribution Hoem-Schurba & Associates (Cra-pet Company) Corporate Care Midas Express inc. Trucking Se~i:e (now vacam) Arts and Construction business now relocated to I:orbes Avenue. Conexo Realty Ser¥ices Bay Area Bus Repairs Standard Electric & Engineering Co. A and B are empty C - North Area/Mainland News D -Bayanihan Cargo imemational (F. reigh~ Services) Bay Cky Boiler and Engineering Bookbindery Company Draper~' Company Single family residences Chavarria' s ~v~arket Clear Water Car Wash AGS Quality Linens G-imba!' s Candies S Si: Wash & D~ Caf~ Du Jour (vacant) New Hope Community Church Paradise Valley Recreatiov_ Cemer -11- TO: South San Francisco Planning Commission The undersigned residents and business owners in the City of South San Francisco hereby express SUPPORT ~br the request b7 AGS QuaIi~ Linens to expand their business operations at the corner of Hillside Boulevard and LindenAvenue and urge the Plamfing Cormnission to take all necessary actions to, APPROVE the project application. This petition will become part o/the public record of'she Pfon~ing Comm!~X~n hearing and a~¥, fuzure hearings ~nduczed oy the CIO,. Address ~ Si~amure ," V ";, Address Address ~ ' / / //// - Address ~ ~d ~ - ' .... Si:amre Ad.ess Print ~/. ~.~ ~_,?~- Date / / Print * ~-~ ~ ,. , Print -,. - ~ o · .n..~ .1,.-~ /:~// ~ / Signature Address Print -12- TO: Sonth San Francisco Planning Commission The andersigned residents and business owners in the City of South San Francisco hereby express UPPOiiT for the request by AG S Quali~. Linens to exp~d ~eir business operations at ~e corner of ~it~side Boulev~d and LindenAvenue and ~ge ~e Planning Commission to r~e all necess~ a~rions APPROVE the project application. Thix ~eririo~ will become ~arr oft he ~ublic record / Print ~ "/,~/'>"~J f''''' ,Y2 ...... _~. ,~' Prim ~ ~.~-, ~,~ i'~ Date Signature Address Print Print I~ :? '.0:7 d' :' -13- T©: South San Francisco Planning Commission 'the undzrsigned residents and business owners in the CitT of South San Francisco hereby express SU, PPO]t~T for the request byAGS QualitS., Linens to expand their business operations at the corner o£ Ntillside Boulevard and LindenAvenue m-~d urge the Plarmhag Cormnission to take ali necessary actions APPROVE the prqiecr application. This petition will become _p~rr q~ the p~blic record of'the P!m~rzi~',~; Commixxion hem'in$ crud m'O, fi~rure hec~rings oonducmd ? the CIO,. _ ~a'namre- ~ /'Z :~"''~ :>'~' ' Print ~ ~q~*'~,~s Acldress Sisnature ()-~ ~. .,' / Address Signature Address Signature Addre% Signature Address Signature Address Stgnamrc Address ,, ,.. ~i~amre ~ ,~.'~'.~/ ~'// .... ~r,/~...~,~,, .... ~ Print ~ i:.. Addrezs -14- TO: South San Francisco Planning Commission The undersigned residents and business owners in the Citt' of South Sma Francisco hereby express SUPPORT for the request by AGS Qualit! Linens to expand their business operations at the corner of Hillside Boulevard and Linden Avenue mad urge the Plmaning Commission to raise all necessar}, actions to APPROVE the project application. This petition will become part of the public record of the £iah~i~-zg Commission hearing and any fi~mre hearings conducted by the Ci~'. Signature Address Signature Address Signature Address S. ignamre Ada~ess Signature Address ir Print it ,--.-~3L.-,. 'LIi !3¥VI/I'q~'jJ/UT.{_ Print Print Print It Date It Signature Print Address ir Date S~namre Address Print Date It Son'th San Francisco Planning COmmission The undersigned residents and business owners in the Cit~, of South San Francisco hereby express SOPPORT Gr The request byAGS Quality Linens to expand their business operations at the corner of i[~illside Boulevm-d and Linden Avenue and urge the Plarming Commission to take all necessary actions _~FPROYF the projeci application. This ~etirio~ ~4~ill beoo~e ~r~ of the ~z~biic record q£ the ,_ -[---,:-h~¢~ ~ Print ~ ,,' '. Print Signature i~. ~x~,c.~q . ~. ?~ Print _Address ~ '-~ :',~ . ~~.~.~ & ¢.~ ~ Signature ', .e~ .{~ ~ ' O~-~- Print Signature } Print Address Date Signature Address Print It Date It Signature ~ Print It Address Date Signature Address Print Date it 5~igpamre Address Print -16- Date TO: South San Francisco Planning Commission The undersigned residents and business owners in the CiU' of South San Francisco hereby express SUPPORT for the request by AG S Quali~, Linens to expand their business operations at the corner of Hillside Boulevard and Linden_Avenue and urge the Plalming Commission to take all necessary actions 'ko >~PPROVE the project application. This peririo~ will become parr of the public rebord of'the .?ianning Commission hearing and any fizzure hearings conducted ~¥ the CiS:. ,' .? Address Signature I~ ].&t~ r. ', Signa~m'e Address Signature Address Print It 'Print It Print ~ Date Sioznature I~ Address Print It Date ~/;gnamre It Address I~ Print it Date TO: Sonrh San Francisco Planning Commission The undersigned residents and business owners hx the City of South San Francisco hereby express supP©t:cr ibr the request by AGS Quali~, Linens to exp~d ~e~ business operations at the corner off ~iiiside ~oulevm-d and LindenAvenue ~d urge the Planning Commission to take all necess~ actions APPROVE the project application. This fleririo~ ~;iil become part qf'rhe fl~bfic record e/the / / .. , ~.rr.,t: / ,..~ ~c'~ ~ .%,,~;.. ~. .._ Print ~ /Jt~').- ,'~:: ~ ~ .'c~ ~'- '<~ z. Signature l~ Print Address .~ Date S~fmamre Address Print Date Signature Address Print Date SignaTure .Address Ir Print Date ;gig~amre Address Print -18- Date TO: South San Francisco Planning Commission The undersigned residents and business owners in the City of South San Francisco hereby express SUPPORT for the request by AGS Quality Linens to expand their business operations at the corner of Hillside Boulevard and Linden Avenue and urge the Plamfing Colmnission to take alt necessary actions 1:o APPROVE the prqjeci application. This petition will become part of the public record of the .Planning Commission hearing and any future hearings conducted by the CIO,. ~."3 / ."? .... i/~' r-" :>Z '" L,-:O Print it O'-~c~co.! CD~ )'~CCt <3~:L Dare Signature * Address I~. Print Date Siga~amre Address Print * Date * Signature Address Print * Date * Sigxature Address Print * Date Signature Address Print Date * gi~ature Address Print Date TO: South San Francisco Planning Commission The undersigned residents and business owners in the City. of South San Francisco hereby express SUPPORT for the request byAGS Quality Linens to expand their business operations at the comer of Hillside Boulevard and LindenAvenue and urge the Planning Commission to take all necessary actions to APPROVE the prqject application. This petition will become part of the public record of the ?ionning Commission hearing and any future hearings conducted by the CIO;. S~gnamre } "' Print I} .i.. i., ¢ ,7 ~ ( , Signature i' ..__--oc-, 2, (.~k..'t.c.-,,~,,~, :. ,- ,c.x. ,'Print Si~atm'e Address Signature Address Print I} x ~L/ Date Date Print Date Ir Signature ir Address } Signature Ir Address I' Date Date $igr~arure Address Print Date Planning Commission Staff Report DATE: Februm37 19, 2004 TO: Planning Commission SUBJECT: Appeal of the determination of the Chief Planner that the proposed use is inconsistent with the provisions of the C-1 Retail Commercial Zoning District and does not conform to the General Plan, in accordance with SSFMC Section 20.90.020(b). Owner: Elisa Sandoval Applicant: AGS Quality Linens (Elisa Sandoval - owner) Site Address: 915 Linden Avenue Case No.: P03-0077/UP03-0013 RECOM~{ENDATION: That the Planning Commission uphold the determination of the Chief Planner, make the recommended findings, and deny the appeal. BACKGROUND: In July 2003, the applicant approached Planning Staffwith plans to expand her laundry business into a vacant tenant space adjacent to her current facility at 915 Linden Avenue. Laundry Service businesses are defmed as Industrial Use Types in the Zoning Ordinance. Therefore, the Chief Planner has determined that the applicant's business is currently legally non-conforming since industrial uses are not permitted in the Retail Commercial (C-l) Zoning District or on any land designated Community Commercial in the Land Use Element of the General Plan. As such, staff informed the applicant that she could not expand her business due to these inconsistencies. The applicant subsequbntly submitted documentation supporting her belief that her expansion plans should qualify the business as a commercial use type and therefore make it consistent with the Zoning Ordinance and General Plan (see attached letter from Applicant dated October 17, 2003). However, the ChiefPlmmer reviewed this information and continues to hold that the proposal cannot be approved on the Founds that it would still be inconsistent with the Zoning Ordinance and General Plan. The applicant is appealing this determination to the Planning Commission, holding that her expansion plans include adding a retail element to the business and should therefore quali~ it as one that conforms to the C-1 Zoning District and the General Plan. -21- Staff Report To: Planning Commission Subject: P03-0077/UP03-0013 AGS Quality Linens February 19, 2004 Page 2 of 4 ZONING ORDINANCE COMPLIANCE: The Zoning Ordinance defines "Laundry Services" as Establishments primarily engaged in the provision of laundering, d~3, cleaning, or dyeing services other than those classified as ]~ersona] Semdces [such as d~3; cleaners located in neighborhood shopping centers_/. T3~icaI uses include Iaund~T agencies, diaper services, or linen supply services [SSFMC Section 20.06. 7 60(d),]. AGS Quality Linens is currently engaged in linen rentals and laundering. Its existing facility contains heax3~-dury laundry machineD, and a warehouse used for storage of the linens. The total size of the facility currently measures approximately 9,700 square feet. The applicant would like to move the business from its current tenant space into a different portion of the building and open a showroom on the comer of Hillside and Linden where linen sales can be conducted, thereby incorporating a retail element into her business. The new plant would occupy approximately 19,000 square feet of floor area, resulting in a 96% increase in the overall size of the facility. Of the 19,000 total square feet of floor area the business would occupy, only 1,600 would be used for retail and sales office purposes. The remaining 17,400 square feet would continue to be used for washing, storing and distributing of linens. In order for the business to conform to the provisions of the C-1 Zoning District, its industrial element must be relegated to an accessou use with the retail element becoming the primary use. The Zoning Ordinance defines an accessory use as one which is subordinate to the principal use and does not occupy more than 30% of the gross floor area of the facility. Therefore, the combined square feet of the laundering, storage, and shipping and receiving facilities would have to occupy no more than 5,800 square feet and the overall nature of the business would have to be changed substantially in order for the industrial element to qualify as an accessory use. The applicant's expansion plans call for more than 17,000 square feet to be used for laundering, storage, and st'tipping and receiving, or more than 88% of the total floor area of the facility, wh/le the retail element would account for only 12%. These numbers clearly show that the industrial element of the business would continue to serve as the primary use, and therefore the business would still be inconsistent with the provisions of the C- 1 Zoning District. GENERAL PLAN COMPLL&NCE: As a legally non-conforming use, the applicant's business is entitled to remain in its present location indefinitely.. But in order to permit an expansion of the use, findings must be made that the use would be consistent with the policies of the General Plan. The property is designated Community Commercial in the Land Use Element of the General Plan. This land use designation calls for businesses that would typically occupy shopping centers or stand alone along major corrm, erciat S:\StaffReports'~2004\02-19-04 PCkDRAFT~P03-0077 915 L'_ 2 2 loc Staff Report To: Planning Commission Subject: P03-0077/UP03-0013 AGS Quality Linens February 19, 2004 Page 3 of 4 corridors, such as supermarkets, banks, hotels and service stations. It is staff's opinion that even with the small retail element the applicant intends to/ncorporate into her business, the business would still function primarily as an industrial use type, and therefore findings cannot be made that the proposal complies with the Community Commercial land use des/g-nation. Furthermore, the Land Use Element contains a policy specifically encoura~tdng the development of a new mixed-use neighborhood center with a supermarket at the comer of Hillside and Linden for the residents of the Paradise Valley/Terrabay Planning Sub-Area (Policy 3.8-1-4 of the Land Use Element). The subject site is one of the last sites in the area large enough to accommodate such a development, and if the subject business is allowed to expand the City may lose one of its final opportunities to realize tkis General Plan policy. DOWNTOWN/CENTRAL REDES~_~LOPMENT PLAIN COMPLIANCE: The Redevelopment Plan for the Downtown/Central Redevelopment Area encourages the provision of a diverse mix of commercial uses in the area, as well as redeveloping older industrial sites that are blighted or stagnant with new neighborhood-serving commercial developments. While the sub~j ect laundry business is thriving, the use is not one that serves the neighborhood in a manner which the Redevelopment Plan calls for. Similarly, much of the site is dilapidated and unkempt and allowing industrial uses to expand there could result in further neglect and hinder redevelopment. CONCLUSION: While the applicant's new business plan does incorporate a retail sales element, it is staff's opinion that the business will continue to operate primarily as an industrial laundry service as defined by the Zoning Ordinance. Since the General Plan and Downtova~ Redevelopment Plan contain specific policies calling for the development of neighborhood-serving commercial uses at this site, allowing expansion of the business into adjacent tenant spaces would be inconsistent with the two plans. For th/s reason, staff recommends that the Planning Commission uphold the determination of the Chief Planner that the use is inconsistent with the Zoning Ordinance and General Plan and deny the appeal. Stephen Kowalski, Associate Planner S:\StaffReportsg2004\02-t9-04 PCkDRAFT~P03-0077 915 L _ 2 3 _oc Staff Report To: Planning Commission Subject: P03-0077/UP03-0013 AGS Quality. Linens February 19, 2004 Page 4 o£4 ATTACHMENTS: ]Excerpts from the General Plan for the Paradise Valley/Terrabay Planning Sub-Area Appeal Application from Applicant dated February 4, 2004 Denial Letter from Planning Division to Applicant dated February 4, 2004 Letter from Applicant, dated October 17, 2003 Project Description from Applicant, dated August 21, 2003 Site Photographs Plans S:\StaffReports\2004\02-19-04 PCIDKAFTIP03~0077 915 I 1 24 loc SOUTii SAN FRANCISCO GENERAL PLAN While die Paradise Valley/Jbrrabag contahls sluall markets such as this one and other conunercial services, the growing populatiou of ~ds area is underserved by fllese services. Receut resideutial developmellt at TeFrabay has spread to tile base of Sau Bi u~lo Mountain. An.y filhIFe develotunent Oll the ciO,'s hillsides, illchlding Sign Hill, ~llall be clustered at the foot of lhe hill. 120 3.8-1-2 /~ substantial portion of the north side of Sign Hill should be preserved as public or private open space. 3.8-1-3 The amount of development allowed on the north side of Sign IJill should be limited (discretionary at ~ unit per acre ntaximum). £xcessive grading of this portion of ~lte hill or clustering of development should not be permit- ted in the future. The ,orth side of Sign I liil contains more than sixty acres of steep sloping land. A recent study indicates that the endangered Mission Blue Butterfly may exist there. The south side of Sign Hill is being improved as a city park with trails, picnic areas and landscaping. 3.8-1-4 £nsure that any redevelopment of the site on the north of Hillside Boulevard at the terminus of Linden Avenue hlcludes a supermarket, or a groce_ry store at least ~0,000 square feet in area. Require any new devel- opine_hr on the site to be built to the ed.qe of the property along Hillside Boulevard, with transparent storefronts and awnings for petlestrian comfort. Mixed-use commercial/residential development ~' Supermarket to be built to property line along Hillside Blvd. witb transparent sto~ efronts and awnings [or pedestrian comfort CITY .OF SOUTH SAN FRANCISCO Planning Division 315 Maple Avenue, South Sa~ Francisco, CA 94080* (6~0) g77-8535 APPLICATION FOR APPEAL A.r~iieants who wish to ile a~ app~t of a d~ision of the Chief Planncr or the Plarmim~ Coraml ssio~, or a D~ig~ Review decision, ~haI1 ~ubmit the follovdng (a leR~r or afldihom.1 ~he~ts may ai~ be sul~mittecI): 2 What is the bm~is ofy0ur ~.ppeal? Include facts ~ mppo~ yo~ 3 ~you ~e ~. od.d ~phe~ mbmt t~-fivo (35) ~ 4 Filing fee - See l~ee Selaeelule Nme-' Mafli~e AddLress: Date *Maffing Address "P.O, Bm: 711, Sougi St~ Francisco, CA 94083 -26- ......... r JOHN M. WARD ])ATE: October 17, 2003 TO: Tom Sparks, Chief Planner FROM: J. Ward 792 W~OROUGH P~CE BtmLmaAM~, CA 94010 (650) 342-068S fF~X) 342,-0977 RECEIVED PLANN NG RE: Use Permit Request -- 915 Linden Avenue As you know the use permit request by AGS was to be heard by the Planning Commission in early September, but was postponed because your City Attorney, as I understand k, was unable to support a required finding that the proposed expansion of the business was consistent with the commercial 6esignation for the site under the current General Plan. Based on our m~fings with you and Steve KowalskS, coupled with the Design Keview Board's satisfaction with the proposed architectural plans for the project, we were optimistic that AGS' request would re~ive a staff recommendation for approval. Since learning of the City Attorney' s opinion, AGS has made a business decision to modify its current operations. While having engaged in the rental of quality linens since starting the company in its present location at 244 Hillside Boulevard, the owners would now like to make sales of 'their product a major part of the business. This decision is largely contingent on the city's approval of its overall plans for the building, which include as a key component, the creation of a lobby and showroom at the corner of Hillside and Linden. You have had the oppommity to view the building and to see the location of the planned improvements in the space previously occupied by Chang Enterprises, a light industrial enterprise. The ne~' name for the business will be AGS Qnality Linens - Sales and Rentals. Please find attached the August 21, 2003 letter addressed to William Komero, Chairman of the Commission, outlining AG8' request which is being made under pro'~slons of the~,[y"'~'"'~ ,.u,,,n~*~-:- ~.uu~,t'-~- Chapter (Nonco~ommg Uses Structures Keguiations), specifically Section 20.97.050 (expansion .throughout building or structure). The letter describes the current conditions and justification for the pzoposed expansion. Supplementing the building dam provided in the formal application filed in August 2003, the following information is presented for your review: The total building is 45,560 square feet, including the current configuration: BxSsting AGS Bay City Bo~r 9,7!3 square feet 21.31%;, 1'~ '~- 1 square feez 26.84% JOHN M. ~ARD ~-~ ~ocL~TaS A Consuming Group Au~mmst 21, 2003 792 ~/ILLBOROUGH PLACE BU~LINGAME, CA 94010 (650) 342-0683 (FAX) 342-0977 ~illiam R. Romero: ~nairman South San Frandsco Planning Commission city Hen 400 Grand Avenue South San Frandsco~ CA 94080 Re: Use Perrni~ Reques~ - 915 Linden Avenue Dear Chairman Romero and Planning Commissioners: At your regular meeting on September 4, 2003 a public hearing is scheduled to consider a Conditional Use Permit application filed by AGS Linen Serv/ce of South San Francisco. The request includes aconcept plan for improving its 45,560 square foot building which sits on a 1.72 acre parcel at the prominent comer of Hillside Boulevard and Linden Avenue. AGS and Bay City Boiler and Engineering Company formed s partnership last year to acquire the property. The Use Permit request is being made under provisions of the City's Zoning Code, Chapter 20.97 (Nonconforming Uses mhd Sh-a~cdre$ Reg~ala6orm), sped_fcally Section 20.97.050 (expansion throughout building or structure). AGS' current operation is ~ghtly constrained in the space it now occupies within the building. This results from having established a successful business (minority woman-owned enterprise) without the ability to expand the square footage needed for this growing operat~or~ Further, AGS has limited street ?r~ence (no signage), at 244_ Hillside, except for trucks parked on the street and in front of the building. AGS would like to relocate to the larger comer space with ,n~=,o~,~u square feet formerly !e~ed on a month-to-month basis by Chang Enterprises, a low-profile t. ool manufacturer. The latter location would allow for a showroom to be created, a very important component desi~maed to better serve the needs of visiting clients. In the current location: the "front door" (rollup door) would appear at first glance to be the rear entrance. The small office is virtually hidden and inaccessible to the public~ requiring one to walk, through a narrow '~passagew%~Y~ adorned with linens hanging from floor to ceiling. At present, the building has a drab/ndustrial appearance and a diverse mix of tenants: including Bay City Boiler which reinforces the industrial image. AGS is largely a retail business occupying only 9,712 SF o£ the building - about half of what its space needs are today. Bay Ci~ Boiler would remain in its 12,231 SF locafior~ AGS would move into the locathon once occupied by Chang Enterprises AGS PROPOSED WAREHOUSE SALES & OFFICES FOR: LINEN SALES & RENTAL AGS Linen Sales & Rental 244 Hillside Boulevard / 915 Linden Avenue South San Francisco, CA 94080 M~ Nameyer Catherine J.M. Niimeyer ABBREVIATIONS A/C AIR CONOfTIONING E. EAST ACOUS.ACOUSTIC (AL) (E) EYJSTING ACC. ACCESS EA. EACH AC. T.AC, O~SITCA~ TILEELEV. ELEVATION. I.D. INSIDE DIMENSION R. RISER, RADIUS INSUL.INSULATED. INSULATION RAD. RADIUS INT. INTERIOR R.D. ROOF DRAIN RDWD. REDWX3OD REF, REFERENCE JAN. JANITOR REFL. REFLECTED JT. JOINT REG. REGISTER REINF.REINFORCED REV. REVISED. REVISION L. LENGTH LAM. LAMINATE (D) LAV. LAVATORY L.L LIVE LOAD LT. LIGHT BD. BOARD F.S.O.FURNISHED BY OTHERS BLDG. BUILDING F.D, FLOOR DRAIN MAT. MATERIAL BLK. BLOCK F.E. FIRE EXTINGUISHERMAX. MAXIMUM BLKG. BLOCKING F.E.C.FIRE EXTINGUISHERM,B. MACHINE BOLT B.M. BENCH MAR~ CABINET MECH. MECHANICAL BM BEAM F.F.E.FINISHED FLOOR ELEV. MED. MEDIUM Bo'n'.BOTFOM F.H.M.S. FLAT HD. MACH. SCREW MEMB. MEMBRANE BTW. BETWEEN F.H.W.S. FLAT HD. WOOO SCREW MET. METAL FIN. FINISH MFR. MANUFACTURE (R) FLASH.FLASHING MIN, MINIMUM CAB. CABINET FLR. FLOOR MISC. MISCELLANEOUS C.B. CATCH BASIN FLUOR.FLUORESCENT MLD. MOULDING CEM. CEMENT FND. FOUNDAT]ON MOV. MOV.ABLE CER. CERAMIC F.O.C.FACE OF COLUMN MTL. METAL C.FL. COUNTERFLASHING F.O.F.FACE OF FINISH MULL. MULLION C.I'T.CU~C FOOT, FEET F.O.G.FACE OF GLASS CLG. CEILING F.O.M.FACE OF MASONRY CLR. CLEAR. CLEARANCE F.O.S.FACE OF STUD N. NORTH NJ.C. COL. COLUMN F.O.W.FACE OF WALL NOT IN CONTRACT CON(;.CONCRETE FT. FOOT, FEE2r NO. NUMBER CO~T. CCXNSTRUCT~h~J FTG. FOOTING N.T,S.NOT TO SCALE CONT. CONTINUOUS FURR. FURRED, FURRING CO~TI~CON1RACT (OR) CORR. CORRUGATED O.C. ON CENTER CPR. CO~PER GA. GAUGE O.D. OUTSIDE DIAMETER CPT. CARPET G.C. GENERAL CONTRACTOR O.F.C.L OWNER FURNISHED. CTSK. CO{)NTERSUNK GD. GR.I~E, GRADING CONTRACTOR INSTALLED C.YD. CUBIC YARD G.I. GALVANIZED IRON OPP. OPPOSITE CC... GLASS, G4-A.ZING OPNG. OPENING GYP. GYPSUM PFN. PREFINISHED H.B HOSE BIB8 PL PLATE H.C. HOLLOW CORE P.LAM.PLASTIC LAMINATE D.F. DOUGtAS FIR, DRINKING FOUNTAIN DIAM. BAMETER DIM. DIMENSION DISP. DISPENSER DIV. DIVISION D.L DEAD LOAD S. SOUTH S.C. SOLID CORE SCI'~D. SCHEDULE SECT, S~CTION SHT. SHEET SIM. SIMILAR S.P. SOUND PROOF SPEC. SPECIFICATION SQ. S~UARE S.S. SERVICE SINK S.ST. STAINLESS STEEL STO. STANDARD T. TREAD TELE. TELEPHONE TEMP. TEMPERED TEXT. TEXTURED T&G TONGUE AND GROOVE T.SL TOP DE SL~B T.STL.TOP OF STEEL T,O.W.TOP OF WALL U.B.C.L~IIFORM BUILDING CODE UNF. UNFINISHED U.N.O.UNLESS NOTED OTHERWISE V,C.T,VINYL COMPOSITE TILE HR. HOUR PLYWD.PLYWOOD VEST. VESTIBULE HT. HEIGFrr PNL PANELING HTG. HEATING PNT. PAINT (ED) HVAC HEATING/VENTILATING/ PR. pAIR W. WEST AiR CONDITIONING P,S,I.POUNDS PER S~UARE WI WITH H.W.H. HOT WATER I'~r~ATER INCH W.C. WATER CLOSET SYMBOLS LOCATION PLAN PROJECT INFORMATION DE~CRR~'I(~I OF PROJECT SCOPE OF WORK CONSULTANTS ARCNmlc'tr DRAWING INDEX COVER SHEET Sheet Numbec A-1 J I ~ ~ 11~' ~JNm~ ~ SPAO~ TO BE RELOOATED ~ J ~ ~,STING ~Y Cl~ ~ -- [~ PROPOSED REL~ATED 7,~5 SOre ~m ENGINEERING TE~ ~ ~ A~ LINEN FACILI~ AR~ (FUTURE TE~NT ~) SPACE TO REMAIN L~ ~ ~7,167SQ. ~m/ 9,938 SQ. FT. ~ ~ ~PROPOSED A~ LINEN S~S & RENTAL , ~ W~EHOUSE S~ES ~ --~/LI- -- ::m--t~------~--~------4~-- ........ ~------+: - ..... ~ (~1~) (~) ~C~) ~AL) ~) ~) ~lN HILLSIDE BOULEVARD SITE PLAN (~c~) AGS Linen Sales & Rental SITE PLAN Sheet Numbe~ EXISTING THIRD FLOOR (2,~05SQ. FD EXISTING SECOND FLOOR 12,303 so. ET) NOTE: THESE PLANS ARE iNTENDED AND INCLUDED FOR INFORIdATIONAL PURPOSES ONLY. NO WORK tS PROPOSED IN ANY OTHER SPACE OTHER THAN THE PROPOSED AGS LINEN SALES & RENTAL SPACE. OVERALL BUILDING FIRST FLOOR PLAN AGS Linen Sales & Rental Issues OVERALL BUILDING FIRST FLOOR PLAN SECOND FLOOR PLAN THIRD FLOOR PLAN Sheet N~lmbec ENGINE~ RING! " 'ff i ~ '-~ ~aa ~i ~ISTINGARNOLD'S ~ ~ --~ i H ~ i~ BOOKBINDI~ TENANT SPACE ~ ~ [[ ~ ~ TO,REMAIN i 'l I i i hT:I II~:l:.~c'~ ~" 1,7a0SQ.~. EXIST NG BAY CITY ENGINEERING TENANT SPACE T( REMAIN 9.938 SQ. FT. EXISTING AG~ LINEN SALES STORAGE AREA 2,228 SQ. FT. PROPOSED RELOCATED A* ~S FACILITY AEEA 7,167 SQ. FTJ PROPOSED AGS LINE~ SALES ~- :___ _ __~f~/ AND RENTAL WAREHOUSE ~LES ACCESS ~ I~ m~ / ~ SALES AR~ 7,~9 SQ. FT. ! AGS Linen Sah~s & Rental Ca~m J.M. N~ Architect PROPOSED AGS LINEN SALES AND RENTAL FLOOR PLAN RE~ERENCE PROPOSED AGS FLOOR PLAN A-4 WEST ELEVATION ~p.. .,, .~ ~ST ELEVATION _,,~ON~ ............ BHASJE 2z _ PHASE 2: / SOUTH ELEVATION (PARTIAL) AGS Linen Sales & Rental NOTE: 17 IS THE INTENT OF THE BUILDIND OWNERS TO PAINT THE ENTIRE BUILDING INITIALLY AS A PART OF THE TEMANT IMPROVEMENTS AND LANDSCAPING. THE CEMENT PLASTER FINISH OVER THE EXISTING STEEL FASCIA IS INTENDED TO BE ACCOMPLISHED IN PHASE 2 OF THE CONSTRUCTION AT A LATER DATE. SOUTH ELEVATION (PARTIAL) NORTH ELEVATION (PARTIAL) NORTH ELEVATION (PARTIAL) II I i i ,I II d14 tt a~ lit I11 ,,, 1,, ,J ITl,,, i [,I ~ ,,, Jul I,~ hlilli~L,,,,,,,,,,,,,,,, ITI:~I,,, ~,~ h IT1 h-- ~ ..... __..='""2'_'_'L= ~t¥. ........... -' I .-~ ]'/¢a~lhlil[ll[~lllh!l,ll'l Iltil[tl[llliilB l[llIJIlll iH,littl!ll~111ililhlltlilli[I,lllh,llllllli]ilhMhl iilLI,iIiIHI[ ,,IIiB',[hilili,[,T . "<// I / I[,'l I"'1 /'~[ EXTERIOR ELEVATIONS Sheet Nu~ A-5 II/ q ~NDC~ HA',,'V'il~O R N E HILLSIDE BOULEVARD AGS Linen Sales & Rental IRRIGATION SYSTEM MAINTENANCE REQUIREMENTS (LONG TERM) PLANTING NOTES PLANTING MAINTENANCE REQUIREMENTS (LONG TERM) LEGEND PLANT LIST LANDSCAPE PLAN F~RO JECT NO,: ~3 DATE: L-1 Staff eport Date: To: From: Subject: April 14, 20O4 Honorable Mayor and City Council Jim Steele, Director of Finance 2004-05 General Fund Operating Budget AGENDA ITEM #14 RECOMMENDATION: It is recommended that the City Council approve the attached resolution adopting the 2004-05 General Fund operating budget, to take effect July 1, 2004. BACKGROUND/DISCUSSION: At the March 17 study session, the City Council was presented with a comprehensive package detailing staff's recommendation for balancing the 2004-05 General Fund operating budget. The City Council gave conceptual approval to the package. Staff is now returning to Council for formal adoption of the 2004-05 General Fund operating budget. Because this budget will require the layoff or reduction in hours and/or reduction of pay/benefits of several permanent positions effective July 1, 2004, staff believes it is appropriate to give as much lead notice to impacted employees as possible. Formal Council action is now required to complete the processes specified in the Personnel Rules and Regulations and in the various Memorandums of Understanding. The budget is largely the same as was presented on March 17th, with some updates to revenue estimates and more refined departmental budget figures. No budget reductions or service changes are included here that were not included in the March 17 budget presentation. A more complete city budget package will be presented to the Council in May. FISCAL IMPACT: The attached budget amendment resolution will result in: · A balanced General Fund operating budget; The General Fund Undesignated Reserve ending the 2004-05 year with a balance of approximately $3.9 million; Staff Report Subject: 2004-05 General Fund Operating Budget Page 2 of 2 All General Fund Discretionary Reserves (those funds available for appropriation) ending the 2004-05 year with a total balance of approximately $11.9 million. These reserve levels will result in an approximately 22% reserve balance as a percentage of the General Fund, slightly higher than the 20% recommended in the reserves policy adopted by the City Council in 2003-04. However, due to the continued uncertainty over the final impact of the State budget for next year, this extra cushion is prudent. The budget package to be brought to Council in May will include an updated Reserves policy. Prepared by: F: nance Director Approved ,, Michael A. Wilson City Manager Attachments: Resolution Attachment A Attachment B Attachment C General Fund Operating Budget General Fund Reserves Summary of Positions for 2004-05 RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE 200&20()5 GENERAL FUND OPERATING BUDGET FOR THE CITY ()F S(_)UTH SAN FRANCISCO WHEREAS, a preliminary draft budget for fiscal year 2004-2005 was reviewed by the City Council at a study session on Marcia 17, 2004; and WHEREAS, the proposed 2004-2005 City of South San Francisco operating budget is attached hereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves the fiscal year 2004-2005 General Fund operating budget for tine City of South San Francisco and hereby appropriates the funds set forth therein. BE IT FURTHER RESOLVED that the 2004-2005 General Fund budget attached hereto as Exhibits A & B is hereby officially adopted: - By department by fund for General Fund operating budget appropriations. BE IT FURTHER RESOLVED that staffing levels for each department, as detailed in Attachment C are hereby approved as adopted by the City Council on April 14, 2004. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the day of ,2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk S:\Current Reso's\4-14approving.general.fund.doc Attachment A Proposed General Fund Operating Budget, 2004-05 Adopted Proposed Actual Actual Actual Budget Projected Budget 2000-01 2001-02 2002-03 2003-04 2003-04 2004-05 Revenues and Other Financing Sources Property Taxes $ 7,389,022 $ 9,243,158 9,622,976 $ 10,084,000 ERAF One Time Refund from County New State Reimbursement to offset Sales Tax diversion by State to fund State Deficit Bonds $10,714,000 $ 537,OOO Est. of New ERAF Shift from State Sales Tax 13,793,074 $13,115,870 12,194,963 13,275,949 $12,152,000 Transient Occupancy Tax 6,057,060 $ 3,977,627 3,917,243 4,400,000 $ 4,000,000 Motor Vehicle In Lieu Fees 3,287,214 $ 3,400,536 3,622,I46 3,748,200 $ 2,629,000 Revenue fromOtherAgencies 1,863,995 $ 1,555,950 1,286,721 1,'123,785 $ 1,147,000 Franchise Fees 1,682,028 $ 1,880,341 1,873,804 2,869,000 $ 2,869,000 Business License 1,056,662 $ 1,326,404 1,878,853 1,479,700 $ 1,479,700 Building Permits 2,362,459 $ 2,705,520 2,054,709 3,181,900 $ 2,932,000 Charges for Services 4,312,183 $ 4,537,498 4,554,519 4,771,300 $ 4,743,000 Fines 932,545 $ 915,270 907,768 1,048,500 $ 1,068,000 Interest 881,095 $ 909,447 1,053,492 888,000 $ 923,000 Rent 1,002,188 $ 1,240,068 1,832,252 2,064,100 $ 2,464,100 Administrative Charges 1,472,695 $ 1,602,195 1,651,311 1,848,868 $ 1,848,868 Other 1,963,871 $ 386,169 468,139 435,000 $ 435,000 Transfers In 1,479,098 $ 1,297,538 1,168,236 1,095,400 $ 1,095,400 Total Revenues: $49,535,189 $48,093,591 $ 48,087,132 $ 52,313,702 $ 51,037,068 Plus Prior Year Carryovers $ 283,290 11,364,197 284,610 3,033,000 (1) -533,000 9,476,500 (1) 4,100,000 3,858,000 952,605 3,100,000 1,527,000 2,931 900 4,905 950 1,089 000 971 000 2,509 100 1,886 000 455 000 2,619 000 54,529,862 Total Revenues and Other Financing Sources $49,535,189 $48,093,591 $ 48,087,132 $ 52,313,702 $ 51,320,358 $ 54,529,862 Expenditures Administration 5,312,986 6,080,430 6,387,828 5,258,510 5,403,783 5,146,709 Economic & Comm. Dev. (2) 1,978,026 1,808,866 2,623,375 2,689,613 2,795,821 3,473,999 Fire 11,845,565 12,426,011 11,387,186 13,762,296 13,950,146 14,979,495 Library 3,480,492 3,849,648 3,953,664 4,101,498 4,106,957 4,176,848 Police 11,842,894 12,132,348 12,471,829 14,264,946 14,273,039 ,f 16,048,529 Public Works (formerly Maintenance Services) (2) 5,942,148 5,947,137 5,657,597 Parks, Rec & Maint. Svcs. 10,388,107 10,691,657 t0,696,566 - Public Works (2) 1,133,467 1,123,054 1,170,689 990,784 991,016 Recreation and Community Services Ongoing, regular dept savings Cuts approved in October Early retirements, vacancies AFSCME, Fire, Police salary plans over budget Subtotal, Operating Budget Expenditures $45,981,537 5,102,893 5,110,079 5,046,175 (75O,OOO) (641,500) (lOO,0OO) 755,000 $48,112,014 $ 48,691,137 $ 52,112,688 $51,841,478 $ 54,529,352 Net Operating Budget Impact $ 3,553,652 $ (18,423) $ (604,005) $ 201,014 $ (521,120) $ 510 (1) 2004-05 budget includes new State "flip" of 25% of local sales tax to State in return for additional Property Taxes to fund Prop 57 deficit bonds approved by voters March 2004. (2) Effective July 1, 2004, former Public Works Department is reorganized. Enginnering Division is transferred to the Economic and Community Development Dept., and the former "Maintenance Services" Department is renamed "Public Works". Attachment B Total General Fund Operating and Capital Budget, & Changes to General Fund Reserves Net Operating Budget Impact (from Table I) Less Transfers to Capital Projects: Less Tranfers to Debt Service Plus (Minus) One-Time Transactions: Plus Favorable Resolution of Genentech Property Tax Settlement: Plus (Minus) Favorable (Unfavorable) Reduction in funds set aside for legal settlement: Less Unfavorable Increase in Projected Workers' Compensation Liability: Net Impact on General Fund Reserves IGeneral Fund Reserves Projection I. Discretionary Reserves/ Liquid Reserves Available Emergencies Economic Contingencies Designaged for future Economic Development Projects Undesignated Reserve Year End Proposed Actual Projected Budget 2002-03 2003-04 2004-05 $ (604,005) $ (521,120) $ 510 (733,000) (478,000) (5O,O0O) (Capital budget is estimated at this time) (452,000) (130,000) (95,0OO) 1,122,000 700,000 (230,000) (1,2oo,ooo) (1,167,005) (1,359,120) (144,490) 1,000,000 1,000,000 1,000,000 3,5OO,OOO 3,5OO,OOO 3,5OO,OOO 3,600,000 3,600,000 3,600,000 4,323,OOO 3,912,880 I 3,868,390 I II. Non-Discretionary Reserves/ Reserves Already Committed Encumbrances Advances to Other Funds Inventory Appropriated Capital Projects Subtotal, Non Discretionary (Committed) Reserves Total General Fund Reserves 283,O0O 0 0 845,000 570,000 470,000 51,000 51,000 51,000 391,000 0 $ 1,570,000 $ 621,000 $ 13,993,000 $ 12,633,880 $ 521,000 $ 12,489,390 -2- SUMMARY OF BUDGETED POSITIONS Administrative Departments, City Attorney ( Contract A~torney Services ) City Clerk El00 City Clerk O315 Administrative Assistant 0310 Administrative Assistant ^295 O[~ce Specialist (Elected official) Pail-Time Hourly Position x415 P/T Office Specialist Department Total City Manager N~5 City Manager NmO Assistant City Manager M130 Director of Community Outreach u560 Executive Assistant to City Manager 03m Administrative Assistant II Department Total Human Resources N130 Director of Human Resources u270 Personnel Analyst 0265 Personnel Technician 0310 Administrative Assistant II Par~- Time Hourly Position x440 Personnel Clerk Department Total 2001-02 Adopted 2002,03 2003-2004 Adopted AdOPted Amended 2004-05 Proposed 5.00 5.00 4.80 4.00 4.00 1.00 2.00 2.00 5.00 0.70 5.70 -3- 1.00 1.00 1.00 1.00 1.00 1.00 1,00 1.00 1.00 1.00 1.00 1.00 0.80 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1,00 1.00 1.00 2,00 3.00 3.00 3.00 2.00 - 5.00 4.00 4.00 4.00 0.70 1.50 1.50 1.50 5,70 5.50 5.50 5.50 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1,00 1.00 1.00 1.00 3.00 3.00 3.00 3.00 3.00 0.50 0.50 3,50 3.50 3.00 3.00 3.00 SUMMARY OF BUDGETED POSITIONS City Treasurer (Elected official) 2001-02 Adopted 1.00 2002-03 Adopted / 1.00 2003-2004 Adopted Amended 1.00 1.00 2004-05 Proposed 1.00 Finance N~45 Director of Finance M105 Assistant Director of Finance M~OO Accountant I M620 Accountant II M540 Payroll Coordinator M540 Financial Services Supervisor A225 Accounting Assistant II M460 Revenue Auditor n/a Senior Financial Analyst M600 Financial Analyst I M610 Financial Analyst II o3m Administrative Assistant I1 A455 Courier DepaRment Total 1.00 1.00 1.00 1,00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 5,00 5.00 5.00 5.00 4.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.20 1.00 1.00 1.00 1.00 1.00 1.00 14.00 14.00 14.00 13.20 13.00 Information Technology N165 Director of Information Technology M480 Information Technology Manager 0310 Administrative Assistant II M650 System Administrators A520 Information Systems Support Coordinator A525 Information Systems Technician Deparlment Total 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.50 2.00 2.00 2.00 2.00 0.50 0.50 2.50 3.00 3.00 2.60 2.00 7.50 8,50 8.00 7.60 6.00 -4- SUMMARY OF BUDGETED POSITIONS O'peratin.q Departments Economic and Community Development N14O N10O M155 M590 M125 M335 M145 A470 A245 O310 O315 A295 A295 M210 A460 A40O A'135 M410 M430 M340 Ml15 A167 A330 M690 O315 Director of Economic & Community Development Assistant City Manager City Planner Principal Planner Associate Planner Senior Planner Manager of Housing and Redevelopment RehabiLitation Specialist Parking Meter CollectodRepairer Administrative Assistant II Administrative Assistant I Office Specialist Office Specialist City Building Official Permit Technician Senior Building Inspector Building Inspector Assistant Building Official City Engineer Senior Engineer Associate Engineer Engineering Technician (was Fire Department) (was Fire Depadment) (was Fire Department) (was Fire Department) (was Fire Department) (was Fire Department) (was Public Works Engineering) (was Public Works Engineering) (was Public Works Engineering) (was Public Works Engineering) Engineering Project Coordinato (was Public Works Engineering) Construction Manager (was Public Works Engineering) Administrative Assistant I (was Public Works Engineering) Part-Time Hourly Positions R415 Office Specialist Depatfment Total 2001'02 Adopted 1.00 1.00 1.00 0.50 3.00 1.00 1.00 1.00 2.00 1.75 13.25 0.80 t4.05 2002.03 AdOpted 1.00 1.00 1.00 2.00 2.00 1.00 1.00 1.00 2.00 1.00 1.75 14.75 14.75 2003.2004 Adopted Amended 1.00 1.00 1.00 1.00 2.00 1.00 1.00 1.00 2.00 1.00 1.75 1.00 1.00 1.00 1.00 5.00 22.75 22.75 1.00 1.00 1.00 1.00 2.00 1.00 1.00 1.00 2.00 1.00 1.75 1.00 1.00 1.00 1.00 5.00 22.75 22.75 2004-05 PropOsed 1.00 1.00 1.00 1.00 2.00 1.00 1.00 1.00 2.00 1.00 1.75 1.00 1.00 1.00 1.00 5.00 0.50 1.00 1.00 1.00 0.50 0.50 1.00 28.25 28.25 -5- SUMMARY OF BUDGETED POSITIONS 2001-02 2002-03 2003-2004 2004-05 Adopted Adopted Adopted Amended proposed Fire NlS0 Fire Chief 1.00 1.00 1.00 Mllo Deputy Fire Chief 1.00 2.00 1.00 M205 Battalion Chief (40 Hours) 2.00 1.00 2.00 u39o Battalion Chief (shift) 3.00 3.00 3.00 Bmo Fire Captain 15.00 15.00 15.00 B120 Fire Apparatus Engineer 15.00 15.00 15.00 B ~25 Firefighter 6.00 6.00 6.00 B~3o Paramedic/Firefighter (al 30.00 30.00 30.00 B~SS EMS Coordinator 1,00 1.00 1.00 A49O Senior Code Enforcement Officer 1.00 1.00 A145 Code Enforcement Officer- (Safety Inspector) 2.00 2.00 2,00 B2OO Safety Inspector I Bmo Fire Inspector II A~8O Fire Education Specialist 3.00 3.00 MS6O Management Analyst II o3~o Administrative Assistant II 1.00 1.00 1,00 o3~s Administrative Assistant I 1.00 1,00 1,00 M4m Fire Marshal 2.00 2.00 2,00 M410 Assistant Fire Marshal / Assistant Building Official 1.00 1.00 1,00 M~m Fire Marshal t Chief Building Official 1.00 1.00 M4OO Assistant Building Official (moved to EC&D) 1.00 1.00 M4~o Assistant Fire Marshal (moved to EC&D) A400 Senior Building Inspector (moved to EC&D) 1.00 1.00 A135 Building Inspector (moved to EC&D) 5.00 5.00 A460 Permit Technician (moved to EC&D) 1.00 1.00 .~ A295 Office Specialist (moved to EC&D) 1.00 1.00 X540 1.00 1.00 1.00 3.00 15.00 15.00 6.00 30.QO 1.00 2.00 1.00 2.00 1.00 = 1.00 1.00 1.00 3.00 15.00 15.00 6.00 30.00 1.00 2.00 1.00 2,00 1,00 95.00 95.00 81.00 79.00 79.00 Part-Time Hourly Position Courier 0.48 0.48 0.48 0,48 0.48 Department Total 95.48 95.48 81.48 (al In addition to the total count shown, authority to overhire by three in this position has been granted by the city manager. No additional dollars have been added for these potential overhires. 79.48 79.48 -6- SUMMARY OF BUDGETED POSITIONS Library Nl10 Library Director M640 Assistant Library Director M680 Supervising Librarian ^210 Librarian I A240 Librarian II M235 Library Program Manager A220 Library Assistant I A215 Library Assistant I1 M385 Literacy Program Manager / Project Read Director Msoo Literacy Program Manager M580 Circulation Supervisor A440 Office Manager- Literacy Programs A445 Literacy Services Coordinator A130 Tutor-Student Coordinator A295 O~ce Specialist 03~5 Administrative Assistant I osco Administrative Assistant II Subtotal for Furl-Time Positions 2001-02 AdoPted 2002'03 2003-2004 AdoPted AdOpted Amended 2004,05 PrOposed 1.00 1.00 1,00 1.00 1.00 1.00 1.00 1,00 1.00 1.00 4.00 4.00 4.00 4.00 4.00 4.00 4.00 4.00 4.00 4.00 1.00 2.00 3.00 3,00 3.00 3.00 1.00 1.00 1.00 1.00 2,00 2.00 2.00 1.00 1.00 1,00 1.00 1.00 2.00 2.00 1.00 1,00 1.00 1.00 1.00 1.00 1,00 1.00 1,00 1.00 2,00 2.00 2.00 1.00 1.00 1,00 1.00 1.00 21.00 21.00 2'1~00 21.00 21.00 -7- SUMMARY OF BUDGETED POSITIONS Library, continued Granl-Funded and New Revenue Positions A445 Literacy Services Coordinator x65s Literacy Services Coordinator x635 Children's Services Specialist x665 Literacy Services Assistant I x250 Library Pages x320 Computer Assistant Coordinator x440 Of[ice Assistant Subtolal fer Grant-Funded Positions Part-Time Hourly Positions R210 Librarian I x210 Librarian I R240 Librarian II R215 Library Assistant II R220 Library Assistant I x220 Library Assistant I R630 Local History Specialist x235 Libraw Clerk x245 Web Services Specialist x250 Library Pages x635 Children's Services Specialist x655 Literacy Services Coordinator x665 Literacy Services Assistant I x440 Office Assistant Subtolal for PaR-Time Positions 200t-02 Adopted 2.00 0.48 1.58 0.83 4.89 1.88 0.43 3.31 1.93 0.68 0.19 8.07 0.37 0.30 17.16 2002-03 Adopted 2,00 0,36 2.07 1.82 0.10 0.38 6.73 1.88 0.43 3.31 1.93 0.68 0.19 8.07 0.37 0.30 t7.16 2003-2004 Adopted Amended 2,00 O,40 1.73 1.63 0.06 0.38 6.20 0.50 0.18 1.25 3.25 1.01 0.50 0.19 6.94 0.37 0.30 14.49 2.00 0.40 1.73 1.63 0.06 0.38 6.20 0.50 0.18 1.25 3.25 1.01 0.50 0.19 6.94 0.37 0.30 14.49 2004-05 Proposed 2.00 0.23 1.56 1.34 0.06 0.38 5.57 0.50 1.25 0.50 2.75 0,76 0.19 6.56 0.17 0.54 0.30 13.52 Depa/fment Total 43.05 44.89 41.69 41.69 40.09 -8- SUMMARY OF BUDGETED POSITIONS Public Works (formerly Maintenance Services) N170 Director of Maintenance Services M630 Deputy Director of Maintenance Services M365 Superintendent of Public Works Superintendent'Senior Civil Engineer Superintendent/Parks, Reorg M345 Public Works Supervisor A200 Lead Public Works Maint. Worker A360 Senior Public Works Maint. Worker A275 Public Works Maintenance Worker A335 Lead Electrical Technician AS00 Senior Electrical Technician A160 Electrical Technician A370 Sweeper Operator u3so Garage Supervisor A345 Lead Equipment Mechanic A~TO Equipment Mechanic u360 Superintendent of Parks & Facilities M255 Maintenance Services Supervisor AmS Lead Park Maintenance Worker A3so Senior Park Maintenance Worker A250 Park Maintenance Worker A375 Tree Trimmer ^505 Groundsperson A175 Equipment Operator A280 Maintenance Craftsworker M140 Building Maintenance Supervisor A190 Lead Building Maintenance Custodian A320 Senior Building Maintenance Custodian A140 Building Maintenance Custodian A465 Building Maintenance Craftsworker 0310 Administrative Assistant II 03~5 Administrative Assistant I A295 Office Specialist Part-Time Hourly Positions xs?o Greenhouse Manager Department Total 2001-02 Adopted 1.00 2.00 4.00 5.00 11.00 1,00 1.00 2.00 2.00 1.00 1.00 4.00 1.00 2.00 2.00 3.00 18.25 3.00 2.00 1.00 1.00 2.00 2.00 8.50 2.00 2.00 1.00 85.75 1,00 86.75 2002-03 Adopted 2.00 2,00 4.00 5.00 11.00 1.00 1.00 2.00 2.00 1.00 1.00 4.00 2.00 2.00 3.00 15.00 3.00 3.00 2,00 1.00 1.00 2.00 2.00 9.00 2.00 2.00 1.00 86.00 0.37 86.37 2003-2004 Adopted Amended 1.00 1.00 2.00 4.00 5.00 11.00 1,00 1.00 2.00 2,00 1,00 1.00 4.00 2.00 2.00 3.00 15.00 3.00 3.00 2.00 1.00 1.00 2.00 2.00 8.00 2.00 2.00 1.00 85.00 0.37 85.37 1.00 1.00 2.00 4.00 5.00 10.00 1.00 1.00 2.00 2.00 1.00 1.00 3.00 2.00 2.00 3.00 14.00 3.00 3.00 2.00 1.00 1.00 2.00 2.00 7.00 2.00 2.00 1.00 81.00 0.37 81.37 2004-05 Proposed 1.00 1.00 1.00 2.00 3.00 4.00 7.00 1,00 2.00 2.00 1.00 1,00 3.00 2.00 3.00 2.00 14.00 3.00 2.00 1,00 1.00 1.00 2.00 3,00 6.00 2,00 1.00 2.00 74,00 0,37 74,37 -9- SUMMARY OF BUDGETED POSITIONS Recreation and Community Services NI25 Director of Parks, Recreation & Maintenance Services N175 Director of Recreation and Community Services M375 Superintendent of Recreation & Community Services n/a Recreation & Community Services Manager M295 Recreation & Community Services Supervisor M530 Services Coordinator M530 School A425 Community Services Site Coordinator A495 Preschool Teacher M52o Day Care MSm Terrabay Gymnasium o3-~5 Administrative Assistant I o3m Administrative Assistant II A295 O~'~ ce Specialist Asm Van Driver A5~5 Recreation Leader IV Part-time Hourly Positions X650 Cultural Arts Specialist R660 Community Services Site Coordinator x660 Community Services Site Coordinator X350 Recreation Instructor X370 Sports Coach X360 Recreation Leader I R365 Recreation Leader II X365 Recreation Leader II R370 Recreation Leader X370 Recreation Leader III R375 Recreation Leader IV X375 Recreation Leader IV Subtotal for Part-Time Positions 2001-02 Adopted 1,00 1.00 6,00 1.00 4.00 6,00 1.00 1,00 1.00 2.00 1.00 1.00 26.00 0,48 0.75 10.65 1.10 1.92 12.86 5.20 15.42 2.92 1.10 52.40 2002-03 Adopted 1.00 1.00 6.00 1.00 4.00 6.00 1.00 1.00 1.00 2.00 1.00 1.00 26.00 0.48 0.75 10.65 1.10 1,92 12.86 5.20 15.42 2.92 1,10 52.40 2003-2004 Adopted Amended 1.00 1.00 6.00 2.00 4.00 7.00 1.00 2.00 1.00 1.00 26.00 0.48 0.75 8.17 1.10 1.54 13.55 5.20 16.66 2.92 1.10 51.47 1.00 1,00 6.00 2.00 4.00 7.00 1,00 2.00 1.00 1.00 26.00 0.48 0.75 7.53 1.10 1.39 13.23 5.05 16.35 2.92 1.02 49.82 2004-05 Proposed 1.00 1.00 6.00 2.00 4.00 5.00 1.00 2.00 1.00 1.00 24.00 0.48 0.48 5.42 1.92 1.09 1.25 11.73 4,41 16.16 1.42 2.07 46.43 Depa/~ment Total 78.40 78.40 77.47 75.82 70.43 -]0- SUMMARY OF BUDGETED POSITIONS 2001-02 2002:03 : 2003-Z004 2004-05 Adopted Adopted Adopted Amended Proposed Police N~S5 Chief of Police 1.00 1.00 1.00 1.00 1.00 M280 Police Captain 2.00 2.00 2,00 2.00 2.00 M275 Police Lieutenant 5.00 5.00 5.00 5.00 5.00 cms Police Sergeant 10.00 10.00 10.00 10.00 10.00 cio0 Police Corporal 15.00 15.00 15.00 15.00 15.00 CllS Police Officer (b) 46.00 46.00 46.00 46.00 43.00 c~Ts Parking Enforcement Officer 2.25 3.00 3.00 3.00 3.00 c~25 Police Service Technician 5.00 5.00 4.00 4,00 4.00 cmo Senior Police Records Specialist 4.00 4.00 4.00 4.00 4.00 ClO5 Police Records Specialist 5.00 5.00 4.00 4.00 4.00 c~10 Police Property & Evidence Specialist 1.00 1.00 1.00 1.00 1.00 M290 Police Records Manager 1.00 1,00 1,00 1.00 1.00 M480 information Technology Manager M18S Communications Manager 1.00 1.00 1.00 1.00 1.00 A36S Supervising Communications Dispatcher 2.00 2.00 2,00 2.00 2.00 Also Communications Dispatcher 10.80 10.80 9.80 9.80 9.80 0340 Senior Administrative Assistant 1.00 1.00 1.00 1.00 1.00 o~5 Administrative Assistant I 1.00 1.00 1.00 1.00 1.00 113.05 113.80 110.80 110.80 107.80 Part-Time Hoorly Positions Xt93 Court Liason 0.48 0.48 0.48 0.48 0.48 xmo Police Evidence Clerk 0.48 0.48 0.48 0.48 0.48 xmo Parking Enforcement Officer 0.29 x325 Police Reserve Officer 1.31 1.31 1.31 1.31 1.31 x405 School Crossing Guard 1.38 1.38 1.38 1.38 1.38 Subtotal for Part-Time Positions 3.94 3.65 3,65 3.65 3.65 Department Total 116.99 117.45 114.45 (b) In addilion to the total count shown, authority to overhire by three in this position has been granted by the city manager. No additional dollars have been added for these potential overhires. 114.45 111.45 -]1- SUMMARY OF BUDGETED POSITIONS Engineering (formerly Public Works) * N160 Director of Public Works M430 City Engineer M340 Senior Engineer M~20 Assistant Engineer MH5 Associate Engineer A167 Engineering Technician M470 Construction Project Coordinator A330 Engineering Project Coordinator n/a Construction Manager A410 Development Review Coordinator 0315 Administrative Assistant I 03m Administrative Assistant II A295 Off, ce Specialist 0~55 Environmental Compliance Inspector M450 Environmental Compliance Coordinator Part-Time Hourly PosiNons X342 CIP Project Engineer 2001-02 Adopted · 2002~03 2003-2004 AdOpted Adopted Amended t .00 1.00 1.00 1.00 1.00 1.00 2.00 2.00 2.00 2.00 1.00 1.00 1.00 1.00 2.00 2.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 '1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1,00 1.00 1.00 0.50 0,50 0.50 0.50 0.50 0.50 14.00 14.00 12.00 11.00 0.48 0.48 0.48 0.48 2004-05 Proposed 14.48 14.48 12.48 11.48 * For the 2004-05 budget year, the Engineering Division of the Public Works Department has been placed in the Economic and Community Development Department, and the Maintenance Services Department has been renamed the Public Works Department. -]2- SUMMARY OF BUDGETED POSITIONS WQCP M3S5 Superintendent of Water Quality M465 Assistant WQCP Superintendent M220 Laboratory Supervisor D120 Chemist D190 Instrument Technician M450 Environmental Compliance Coordinator PI60 Senior Environmental Compliance Inspector D155 Environmental Compliance Inspector Di35 Plant Mechanic II (Plant Mechanic) o130 Plant Mechanic I (Assistant Plant Mechanic) ol~5 Machinist/Mechanic D14O Plant Electrician II (Plant Electrician) Dm5 Plant Electrician I (Assistant Plant Electrician) omo Apprentice Operator I D150 Operator II DmO Lead WQCP Mechanic D125 Utility Worker 03~s Administrative Assistant I A295 O[fice Specialist Part Time Houdy Positions X54s Laboratory Chemist x~lo Administrative Assistant I x440 O[fice Assistant Subtotal for Part-Time Positions WQCP Total Total City: Total Full Time Total Contract & Grant Funded Total Part Time Hourly GRAND TOTAL 2001-02 Adopted 2002-03 Adop~d 2003-2004 Adopted Amended 2004-05 Proposed 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1 .O0 1.00 1.00 1.00 1.00 2.00 2.00 2.00 2.00 2.00 0.50 0.50 0.50 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.50 1.50 1.50 2.00 2.00 4.00 4.00 4,00 4.00 4.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 1.00 1.00 1,00 1.00 1.00 1.00 1.00 1,00 1.00 1.00 13.00 13.00 13.00 13.00 13.00 2.00 2.00 2,00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 1.00 1.00 1.00 1.00 1.00 - 1.00 36.00 36.00 36.00 37.00 38.00 0.19 0.19 0.19 1.00 1.00 1.00 0.48 0.19 1.00 0.75 526.71 509.18 499.53 475.32 523.57 439.55 443.05 429.35 421.35 403.05 4.89 6.73 6.20 6.20 5.57 79.13 76.93 73.63 71.98 66.70 37.67 37.19 37.19 38.19 38.75 1.67 1.19 1.19 1.19 0.75 SUMMARY OF FROZEN POSITIONS 2002-03 Amended The following positions have been frozen as part of the budget process: Department Positions Impacted Positions 2003-04 2003-04 Adopted Amended 2004-05 Proposed Cumulative Change (Total Frozen Positions) City Clerk Office Specialist (Pad-time) 0,50 City Manager Director of Community Outreach 1.00 Human Resources Personnel Technician (Contract) 1.00 Pad-Time Personnel Clerk 0.70 Information Tech Finance E&CD Fire Library Recreation Support Coordinator Information Technology Manager PC Technician Administrative Assistant II Accounting Technician II Associate Planner Assistant Building Official Senior Code Enforcement Officer Fire Inspector II Administrative Assistant II Battalion Chief Pad-Time Hours (as FTEs) Superintendent of Recreation Pre-School Teacher Pad-Time Hours (as FTEs) 1.00 1.00 3.00 1.00 1.00 2.00 1.00 1.00 3.00 1.00 2.00 21.89 1,00 7.00 54.33 0.80 1.50 1.00 18.69 51.47 2.60 0.20 1.00 49.82 2.00 1,00 17.09 5.00 46.43 (o.5o) (1.oo) (1 .oo) 0.80 (0.20) (1.00) (1.00) (1.00) (3.0o) (1.o0) (1 .oo) (1.00) (1.00) (2.00) (1.00) (3.00) (1.00) (1.00) (e.oo) (4.80) (1 .oo) (2.00) (7.90) (lo.9o) -14- SUMMARY OF FROZEN POSITIONS Police Police Services Technician Police Records Specialist Communications Dispatcher Police Officer Engineering City Engineer Associate Engineer Assistant Engineer Director of Public Works Senior Engineer Development Review Coordinator Pad-Time CIP Project Engineer move Engineering staff to ECD Public Works (formerly Maintenance Services) Building Maintenance Custodian Equipment Mechanic Parks Maintenance Worker Public Works Maintenance Worker Lead PW Maintenance Worker Senior PW Maintenance Worker Senior Electrical Technician Groundsperson Equipment Operator 2002-03 Amended 5.00 5.00 10.80 46.00 1.00 2.00 1.00 1.00 2.00 1.00 0.48 9.00 4.00 15.00 11.00 4.00 5.00 1.00 3.00 2.00 Impacted Positions 2003-04 2003-04 Adapted Amended 4.00 4.00 9.80 1.00 11.00 8.00 3.00 14.00 10.00 2004-05 Proposed 43.00 1.00 1.00 = 5.5 7.00 3.00 4.00 2.00 1.00 Cumulative Change (Total Frozen Positions) (1.00) (1.00) (1.00) (3.00) (6.00) (1,00) (i.oo) (1.00) (1.00) (1.00) (0.48) (5.48) (1 .oo) (1.oo) (1.00) (4.00) (1.00) (1 .oo) (1 .oo) (1 .oo) ('~ .oo) (12.00) TOTAL FROZEN POSITIONS (20.21) (9.65) (23.02) (52.88) -15-