HomeMy WebLinkAbout2005-02-23 e-packetAGENDA
REDEVELOPMENT AGENCY
CITY OF SOUTH SAN FRANCISCO
REGULAR MEETING
MUNICIPAL SERVICE BUILDING
COMMUNITY ROOM
WEDNESDAY, FEBRUARY 23, 2005
7:00 P.M.
PEOPLE OF SOUTH SAN FRANCISCO
You are invited to offer your suggestions. In order that you may know our method of conducting Agency
business, we proceed as follows:
The regular meetings of the Redevelopment Agency are held on the second and fourth Wednesday of
each month at 7:00 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South
San Francisco, California.
Public Comment: For those wishing to address the Board on any Agenda or non-Agendized item, please
complete a Speaker Card located at the entrance to the Community Room and submit it to the Clerk.
Please be sure to indicate the Agenda Item # you wish to address or the topic of.your public comment.
California law prevents Redevelopment Agency from taking action on any item not on the Agenda
(except in emergency circumstances). Your question or problem may be referred to staff for investigation
and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive
action or a report. When your name is called, please come to the podium, state your name and address for
the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for
your cooperation.
The Clerk will read successively the items of business appearing on the Agenda. As she completes
reading an item, it will be ready for Board action.
RAYMOND L. GREEN
Chair
JOSEPH A. FERNEKES
Vice Chair
RICHARD A. GARBARINO, SR.
Boardmember
PEDRO GONZALEZ
Boardmember
KARYL MATSUMOTO
Boardmember
RICHARD BATTAGLIA
Investment Officer
SYLVIA M. PAYNE
Clerk
BARRY M. NAGEL
Executive Director
STEVEN T. MATTAS
Counsel
PLEASE SILENCE CELL PHONES AND PAGERS
HEARING ASSISTANCE EQUIPMENT IS AVAILABLE FOR USE BY THE HEARING-IMPAIRED AT REDEVELOPMENT AGENCY MEETINGS
SPECIAL MEETING
CITY COUNCIL
OF THE
CITY OF SOUTH SAN FRANCISCO
P.O. Box 711 (City Hall, 400 Grand Avenue)
South San Francisco, California 94083
Meeting to be held at:
MUNICIPAL SERVICES BUILDING
CITY COUNCIL COMMUNITY ROOM
33 ARROYO DRIVE
WEDNESDAY, FEBRUARY 23, 2005
7:05 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 23rd day of February, 2005, at 7:05 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
Public Comments - comments are limited to items on the Special Meeting
Agenda
Closed Session: Pursuant to Government Code Section 54956.9(a):
conference with legal counsel - existing litigation, Kotobuki Trading
Company, Inc., et al. v. City of South San Francisco, et al.
5. Adjournment
/s/Sylvia M. Payne
City Clerk
RECREATION AND PARK DISTRICT
OF THE
CITY OF SOUTH SAN FRANCISCO
P.O. Box 711 (City Hall, 400 Grand Avenue)
South San Francisco, California 94083
Meeting will be held at:
MUNICIPAL SERVICES BUII,DING
C[I~/COUNCIL COMMUNITY ROOM
33 ARROYO DRIVE
FEBRUARY 23, 2005
7:25 P.M.
NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the
State of California, the Recreation and Park District of the City of South San Francisco will hold a
Special Meeting on Wednesday, the 23rd day of February, 2005, at 7:25 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
o
Motion to approve minutes of December 10, 2003
Resolution approving a third amendment to joint powers agreement with
San Mateo County Harbor District
Adjournment
/s/ Sylvia M. Payne
City Clerk
{ Staff Report
AGENDA ITEM #5
DATE:
February23,2005
TO:
The Honorable Chairman and Board Members
FROM:
Marty Van Duyn, Assistant City Manager
SUBJECT:
Adoption of Resolution Approving a Third Amendment to Joint Powers Agreement
between the San Mateo County Harbor District and the City of South San Francisco
RECOMMENDATION:
Adopt a resolution approving a Third Amendment to the Joint Powers Agreement between the San
Mateo County Harbor District and the City of South San Francisco.
BACKGROUND/DISCUS SION:
Pursuant to the Joint Powers Agreement between the City and the San Mateo Harbor District, the
District is authorized to enter into agreements with the State to refinance existing loan obligations.
The District recently submitted the refinancing loan documents to the City for review. As part of the
review, staff reviewed the Joint Powers Agreement for consistency with the terms of the loan
documents. In order to ensure that the City is not required to permit the State to possess or control
City property in the event of the District's default, staff recommended changes to the Joint Powers
Agreement. The amendment to the Joint Powers Agreement adds subsection (b) to Section 13
RESPONSIBILITY FOR LOAN REPAYMENT, of the Joint Powers Agreement to provide that the
District may not provide ownership, entry, possession, maintenance, or other control of OYSTER
POINT MARINA PARK as security for any loan. The District approved those changes on February
2, 2005.
Because the Joint Powers Agreement references property within the jurisdiction of the Park,
Recreation and Parkway District, consent of the District is required in order to approve the Third
Amendment. Staff recommends that the Board approve the Third Amendment to the Joint Powers
Agreement as specified in the attached resolution.
Ix)larty Van Du-yn, Assistant City Man[ger ~ 1Vi Nagel,~.~M~r
Enclosure: Resolution
RESOLUTION NO.
PARK RECREATION AND PARKWAY DISTRICT, CITY OF SOUTH SAN FRANCISCO,
STATE OF CALIFORNIA
A RES()I,IJTI()N APPROVING A THIRD AMENDMENT TO THE
JOINT POWERS AGREEMENT BETWEEN THE SAN MATEO COUNTY
HARBOR DISTRICT AND THE CITY OF SOUTH SAN FRANCISCO
WHEREAS, the City of South San Francisco and the San Mateo County Harbor District
entered into a Joint Powers Agreement on November 11, 1977, as amended on October 11, 1979, for
development of City owned property as a marina; and
WHEREAS, staff has negotiated and prepared a Third Amendment to the Joint Powers
Agreement between the San Mateo County Harbor District and the City of South San Francisco to
incorporate new language regarding possession and use of the property in the event the Harbor
District :fails to meet its loan obligations to the State; and
WHEREAS, the Harbor District approved the Third Amendment to the Joint Powers
Agreement on February 2, 2005; and
WHEREAS, the City Council of the City of South San Francisco is considering the proposed
amendment at its February 23, 2005, regular meeting.
NOW, THEREFORE, BE IT RESOLVED by the Park Recreation and Parkway District
Board, City of South San Francisco that the Board hereby approves a Third Amendment to the Joint
Powers Agreement between the San Mateo County Harbor District and the City of South San
Francisco.
BE IT FURTHER RESOLVED that the Chairman of the Board is hereby authorized to
execute the agreement on behalf of the Park Recreation and Parkway District.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
Park Recreation and Parkway District Board, City of South San Francisco at a Special Meeting
held on 'the __ day of 2005 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
S :\Current Rcso's\2-23-05habor.district.jpa.doc
AGENDA
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
REGULAR MEETING
MUNICIPAL SERVICE BUILDING
COMMUNITY ROOM
WEDNESDAY, FEBRUARY 23, 2005
7:30 P.M.
PEOPLE OF SOUTH SAN FRANCISCO
You are invited to offer your suggestions. In order that you may know our method of conducting
Council business, we proceed as follows:
The regular meetings of the City Council are held on the second and fourth Wednesday of each month at
7:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San
Francisco, California.
Public Comment: For those wishing to address the City Council on any Agenda or non-Agendized item,
please complete a Speaker Card located at the entrance to the Council Chamber's and submit it to the
City Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public
comment. California law prevents the City Council from taking action on any item not on the Agenda
(except in emergency circumstances). Your question or problem may be referred to staff for
investigation and/or action where appropriate or the matter may be placed on a future Agenda for more
comprehensive action or a report. When your name is called, please come to the podium, state your
name and address (optional) for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES
PER SPEAKER. Thank you for your cooperation.
The City Clerk will read successively the items of business appearing on the Agenda. As she completes
reading an item, it will be ready for Council action.
RAYMOND L. GREEN
Mayor
JOSEPH A. FERNEKES
Mayor Pro Tem
RICHARD A. GARBARINO, SR.
Councilman
PEDRO GONZALEZ
Councilman
KARYL MATSUMOTO
Councilwoman
RICHARD BATTAGLIA
City Treasurer
SYLVIA M. PAYNE
City Clerk
BARRY M. NAGEL
City Manager
STEVEN T. MATTAS
City Attorney
PLEASE SILENCE CELL PHONES AND PAGERS
HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
· Recognition of California Park and Recreation Society (CPRS) District Volunteers
AGENDA REVIEW
PUBLIC COMMENTS
ITEMS FROM COUNCIL
· Announcements
· Committee Reports
CONSENT CALENDAR
1. Motion to approve the minutes of February 8 and 9, 2005
2. Motion to confirm expense claims of February 23, 2005
3. Resolution approving amendment to joint powers agreement with San Mateo County
Harbor District
4. Resolution approving amendment to records retention schedule for all City departments
5. Acknowledgement of proclamations issued: Francisco and Bertha Magdaleno
PUBLIC HEARING
6. Consideration of Britannia East Grand Master Plan Development Agreement annual
review and modifications (DA-01-006); 450 East Grand Avenue; Applicant: Slough
Estates; motion to waive reading and introduce an ordinance
COUNCIL COMMUNITY FORUM
ADJOURNMENT
REGULAR CITY COUNCIL MEETING FEBRUARY 23, 2005
AGENDA PAGE 2
AGENDA ITEM #3
DATE: February 23, 2005
TO: Honorable Mayor and City Council
FROM: Marry Van Duyn, Assistant City Manager
SUBJECT:
ADOPTION OF RESOLUTION APPROVING A THIRD AMENDMENT TO THE
JOINT POWERS AGREEMENT BETWEEN THE SAN MATEO COUNTY HARBOR
DISTRICT AND THE CITY OF SOUTH SAN FRANCISCO
RECOMMENDATION
Adopt a resolution approving a Third Amendment to the Joint Powers Agreement between the
San Mateo County Harbor District and the City of South San Francisco.
BACKGROUND/DISCUSSION
Pursuant to the Joint Powers Agreement between the City and the San Mateo County Harbor
District, the District is authorized to enter into agreements with the State to refinance existing loan
obligations. The District recently submitted the refinancing loan documents to the City for review.
As part of the review, staff reviewed the Joint Powers Agreement for consistency with the terms of
the loan documents. In order to ensure the City is not required to permit the State to possess or
control City property in the event of the District's default, staff recommended changes to the Joint
Powers Agreement. The amendment to the Joint Powers Agreement adds subsection (b) to Section
13, RESPONSIBILITY FOP. LOAN REPAYMENT, to provide that the District may not provide
ownership, entry, possession, maintenance, or other control of OYSTER POINT MARINA PARK
as security for any loan. The District approved those changes on February 2, 2005.
CONCLUSION
Staff recommends that the City Council approve the Third Amendment to the Joint Powers
Agreement as attached.
B~~
Ma y Van myn/I
Assistant City M~ger
City M~ager ~
Attachment: Rdsolution
Third Amendment to Joint Powers Agreement
RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALWORNIA
A RESOLUTION APPROVING A THIRD AMENDMENT TO THE
JOINT POWERS AGREEMENT BETWEEN THE SAN MATEO COUNTY
HARBOR DISTRICT AND THE CITY OF SOUTH SAN FRANCISCO
WHEREAS, staff recommends approval of a Third Amendment to the Joint Powers
Agreement between the San Mateo County Harbor District and the City of South San Francisco.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the City Council hereby approves a Third Amendment to the Joint Powers Agreement
between the San Mateo County Harbor District and the City of South San Francisco.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the
agreement on behalf of the City of South San Francisco.
* * * * * *
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
City Council of the City of South San Francisco at a meeting held on the
~ day of ,2005 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
S:\Current Reso'sk2-23-05habor.district.jpa. doc
ATTEST:
City Clerk
THIRD AMENDMENT AMENDING JOINT POWERS AGREEMENT
THIS THIRD AGREEMENT amending the Joint Powers Agreement by and between the
SAN MATEO COUNTY HARBOR DISTRICT (the "DISTRICT") AND THE CITY OF
SOUTH SAN FRANCISCO (the "CITY") is made and entered into as of this __ day of
,2005.
WITNESSETH:
WHEREAS, on October 24, 1977, the parties hereto entered into a Joint Powers
Agreement (the "Agreement") for the purpose of repairing and/or replacing the existing Marina
facilities at Oyster Point and expanding said facilities as described therein, and for the purposes
of permitting the DISTRICT to rehabilitate, manage, maintain and operate said existing Marina
and construct, manage, maintain and operate the future Marina Development at Oyster Point; and
WHEREAS, said Agreement was amended on October 11,1979 and November 27, 1985;
and
WHEREAS, the Agreement clearly states that the CITY retains fee ownership of the
Property, and that any loans undertaken by the DISTRICT are the sole responsibility of the
DISTRICT and that the DISTRICT shall hold CITY harmless for any costs to the CITY resulting
therefrom; and~
WHEREAS, the DISTRICT seeks to consolidate its loans with the California
Department of Boating and Waterways (the "DBW") and the CITY seeks to ensure that its fee
ownership of the Property is not encumbered as security for such a loan;
NOW, THEREFORE, it is agreed:
I. Section~ 13 is amended.
13.
CT A T T(~lCi'
RESPONSIBILITY FOR LOAN REPAYMENT
(a) Hold Harmless Clause.
Except as expressly provided herein, except as may be separately agreed to in writing by
the District andl the City, the CITY shall not be responsible for any of the expenses related to the
OYSTER POINT MARINA/PARK and specifically CITY shall not be responsible for the
following: (1) costs of construction, including plans, specifications, and engineering; (2)
economic studies incurred hereafter; (3) repayment of the existing loans incurred by CITY for
construction of the existing marina at OYSTER POINT; (4) any loans incurred for future
developments at said site in accord with the Exhibits attached hereto; and (5) for any costs of
operation and maintenance except as expressly provided herein. In the event operating revenues
are not sufficient to service said loans or pay costs of operation and maintenance, the DISTRICT
shall assume responsibility for and make all payments due thereon and shall hold CITY harmless
from any liability for said loans or costs of maintenance and operation.
(b) Loan Security.
The DISTRICT shall not provide ownership, entry, possession, maintenance, or other
control of OYSTER PARK as security for any loan.
II. In all other respects, the Joint Powers Agreement and the First and second Amendments
thereto are hereby affirmed.
IN WITNESS WHEREOF, the parties hereto, first being duly authorized, have executed this
Third Agreement amending Joint Powers Agreement as of the date and year first above written.
SAN MATEO COUNTY HARBOR DISTRICT
CITY OF SOUTH SAN FRANCISCO
Mayor
SOUTH SAN FRANCISCO PARK RECREATION AND PARKWAY DISTRICT
Ex Officio Chairman
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
734585 1
StaffReport
AGENDA ITEM #4
DATE:
TO:
FROM:
SUBJECT:
February 23, 2005
Honorable Mayor and City Council
City Clerk Sylvia M. Payne
AMENDMENT TO RECORDS RETENTION SCHEDULE FOR ALL CITY
DEPARTMENTS
RECOMMENDATION
It is recommended that the City Council approve the attached resolution amending the City's
records retention schedule for all City departments.
BACKGROUND/DISCUSSION
Resolution No. 74-2003 established a records retention schedule and authorized the periodic
destruction of certain records in accordance with Government Code Section 34090, et. seq. The
purpose of a records retention schedule is to ensure that a responsible program of records
management is practiced and documented from creation to disposition in accordance with the law
and in the best interest of the City and the citizens of South San Francisco.
The following items are added, amended, or deleted:
Elections:
Add (Pg 2) · Nomination Papers
Citation:
GC81009(b)
General Subject:
Add (Pg 3)
Add (Pg 3)
Modify (Pg 4)
· Open Meetings Act; logs and
other documentations
· Reports from other agencies
Agenda Staff Reports
2Y
When no longer
needed
From 2Y to 5Y
when LaserFiched
Planning:
Add (Pg 10)
· Case files, Planning & Zoning
Notice of findings
Finance
Delete (Pg 12)
· Register;
program
labor costs by employee &
P
Human Resources:
Add (Pg 15)
Add (Pg 15)
Modify (Pg 16)
· Cai OSHA Log; Forms 300, annual
summary & 301 Incident Report
· Billings (medical/dental)
· Recruitment
T25
25Y
From 3Y to 5Y
Police:
Modify (Pg 24)
· Courtesy Notice of Violation
From "C" to 1Y
Byi,..~ ~ 7
Sylvia M. P~/yne
City Clerk
Attachments: Resolution
Approved: (B-a~; 'i~i/Nagel c~
CityY/h~anager 1~
RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AMENDING THE CITY'S RECORD RF;FENTION
SCHEDULE
WHEREAS, staff recommends that the following items are added, amended, or deleted from
the City of South San Francisco Record Retention Schedule as adopted by Resolution 74-2003.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the City Council hereby amends the City's Record Retention Schedule to include the
following changes as reflected in the revised Record Retention Schedule attached hereto.
Elections:
Add (Pg 2) · Nomination Papers Citation:
GC8100O(b)
General Sub,iect:
Add (Pg 3)
Add (Pg 3)
Modify (Pg 4)
· Open Meetings Act; logs and
other documentations
· Reports from other agencies
· Agenda Staff Reports
2Y
When no longer needed
From 2Y to 5Y when
LaserFiched
Planning:
Add (Pg 10)
· Case files, Planning & Zoning
Notice of findings
Finance
Delete (Pg 12)
· Register; labor costs by employee &
program
Human Resources:
Add (Pg 15)
Add (Pg 15)
Modify (Pg 16)
· Cai OSHA Log; Forms 300, annual
summary & 301 Incident Report
· Billings (medical/dental)
· Recruitment
T25
25Y
From 3Y to 5Y
Police:
Modify (Pg 24)
· Courtesy Notice of Violation
From "C" to 1Y
Exhibit "A"
CITY OF SOUTH SAN FRANCISCO
RECORDS RETENTION
SCHEDULE
2003
Adopted by Reso #74-2003, August 13, 2003
REVISED 2/23/05
LEGEND
Records Retention
A
Ad
Au
C
CI =
DOB =
E =
L =
O =
P =
S~
Active (while a document or work is still in progress)
Adoption date
Audit (an audit is performed at he end of each fiscal year - to be
completed by 12/31)
Current (current year, any record or file that is made within the current
calendar year; the retention period begins the first day of the following
year, i.e., C+2 means a record created in 1998 plus the next two calendar
years would be eligible for destruction in 01/0~/01).
Closed (completed)
Date of Birth
Election date
Life
Obsolete
Permanent (the record is determined to be of permanent value to the City;
original records affecting the title of real property or liens thereon,
minutes, resolutions, ordinances)
Supersede (only retain the current version; once that version has been
revised the older version should be destroyed to eliminate any confusion)
Termination (upon termination of contract, employment or case files
which may cross multiple years)
CITATIONS
B&P = California Business & Professional Code
CAC = California Administrative Code
CCP = Code of Civil Procedure
CCR = Code of California Regulations
CEQA = California Environmental Quality Act
CFR = Code of Federal Regulations
EC = Elections Code
EL = California Elections Code
FMLA = Family & Medical Leave Act, 1993
GC = California Government Code
H&S = California Health and Safety Code
HUD = Housing and Urban Development
OSHA = Occupational Safety & Health Agency
PC = California Penal Code
POST = Police Officers Standards Training
UFC = Uniform Fire Code
USC = United States Code
WIC = Welfare & Institutions Code
Page 1
RECORDS RETENTION SCHEDULE
ADMINISTRATION
Administration
Records Series Title Retention Citation Remarks
ELECTIONS
Applications, Absentee E+6 months EC17505; From date of election
Ballots and Envelopes EC17302
Ballots E+6 months EC17302 From date of election; ballots submitted to
precincts/City Clerk that were not used -
unless contested (EC17302c) retention by
court order
Ballots - Prop 218 6 mo EC17302 Property related fees (Assessment Ballot
(Assessment Districts) proceeding). Consistent with retention for
election ballots; Statewide guidelines
propose permanent-California Constitution
Article XIII
Calendar (Elections) E+2 GC34090 Calendar that is prepared by City (County's
election calendar is retained until no longer
required)
Candidate Statements E+4 GC34090 Statements printed in the sample ballots
(Successful candidates) See desc. retained permanently - historic purposes;
E+4 for unsuccessful candidates
Certificates of Election T+4 GC34090 Received from SM County
Fair Political Practices:
Campaign filings for elected P GC81009(b)(g) FPPC Filings (400 series) (must keep paper
city officials copy for C+2 years if LaserFiche'd)
Campaign filings E+5 GC81009(b) Not elected
Campaign filings E+7 GC81009 All other committees
Statement of Economic T+4 GC81009(f)(g) FPPC Filings (700 series) original filed with
Interest Per Sec 87200 State
Statement of Economic C+7 GC81009(e)(g) FPPC Filings (700 series) original filed with
Interest City Clerk by "designated employees";
Candidates not elected = E+5 (GC81009(b))
FPPC blank forms, manuals C+5 GC34090
Historical documents re: P GC34090 History of elections, sample ballots,
elections certificates of destruction, other resolutions
re: elections
Maps, PrecinctsJoter E+2 GC 34090; EC17501,
Information 17301
Nomination Papers:
Successful E+4 EC17100
Unsuccessful E+2 GC81009(b)
Notifications and Publications E+2 GC34090 Proof of publication or posting, certification
and listing of notice of posting; copy of
newspaper notice and certification of offices
to be voted for at forthcomin0 election
Oaths of Office T+6 GC 36507, 34090; Elected Officials, all City officers, includes
29 USC 1113 employees, Boards & Commissions
Petitions E+8 months EC17200, 17400; GC From date of election; Initiative, referendum,
7253.5; EC 14700 + recall
GC3756.8
Precinct Records E+6 months EC17503 From date of election: Precinct official
material; declaration of Intention, precinct
board member applications, orders
appointing members of precinct boards and
designating polling places. Includes notice
of appointment of office and record of
service
Voter Indexes E+5 EC17300 Supplied by SM County (includes
destruction of CDs or DVDs
Page 2
Admin (Continued)
Records Sedes Title Retention Citation Remarks
GENERAL SUBJECT
Bids, RFQ's, RFP's:
Successful AU+5 GC34090; CCP337 Requests for Qualifications; Request for
Unsuccessful C+2 GC25105-1; Proposals regarding goods and services
GC34090
Biographies When no GC34090 Bios on Council city officials
longer (CCAC recommends C+2)
required
Books, Technical When no GC34090
longer
required
Budgets, Operating and When no GC34090 Department copies
Capital Improvement longer
required
Contractual Agreements C+5 GC34090 Working files - not originals (originals
maintained in City Clerk's Office)
Copies or duplicates of When no Documents distributed to vadous
records for which a longer departments for informational purposes may
department is not the office of required be destroyed by the department when no
primary responsibility longer required for reference purposes
Correspondence C+2 GC34090(d) Correspondence includes memos, message
logs, notes, chron files, bulletins, comment
cards, misc. docs
(Documents stored on computer are treated
with same retention as if it were a piece of
paper)
Correspondence/Reports See desc. Retention for Correspondence related to a
report will depend on retention of report.
Preliminary drafts, notes and inter-office
memoranda are to be destroyed upon
completion of a proiect.
Employee Time Sheets C+2 GC34090 Departmental working files
Equipment T+I GC34090 Owners' manuals; service/maintenance
information; purchase information and
correspondence & backup data
Forms C
General Subject C+2 GC34090 Internal working files, including
correspondence; files will be reviewed
annually, some may require retention longer
than prescribed here.
Goals and Objectives C+2 GC34090 Departmental goals and objectives
Open Meetings Act C+2 GC34090 Lo~ls, documentation
Payroll Time Sheets C+2 GC34090; GC6250 Maintained by departments; for preparation
of time cards that are submitted to Finance
Plaques, scrapbooks, flags, P Histodc value
photographs, street maps,
significant sister city records
Reports:
Departmental C+2 GC34090 Special/final summary, review or
evaluation
Staff C+2 GC34090 Non-agenda related, includes
supporting documentation
Other Agencies Non-records/when no longer required
Special Projects C+2 GC34090
Subscriptions/publication O Destroy when no longer relevant
(non-city) (Obsolete)
Support Services C+2 GC34090 Reproduction; printing; postal/mailing
services, other internal resources
Travel Records C+2 GC34090
Page 3
Admin (Continued)
Records Series Title Retention Citation Remarks
LEGAL/LEGISLATIVE
Agendas C+2 GC34090 Original agendas and special meeting
notices, including certificates of posting,
original summaries, odginal communications
and action agendas for Council, Boards and
Commissions. (Agendas are incorporated
into the minutes.)
Agenda Staff Reports P GC34090(d) Odg. documentation received, created
(Master, Subject Files) and/or submitted to Council
(C+2-5 odg. when LaserFiche; keep P on
LaserFiche)
Appeals, Civil C+3 CCP 583.320(a)(3);
GC34090
Applications for Board & GC34090, GC40801 Includes back-up material, resumes, and
Commissions: letters
Selected T+5
Not Selected C1+2
Articles of Incorporation P GC34090; CCP337.2
Case Log C1+7 CCP 337.2; 343 From close of cases listed; chronological
listing of cases
Case Records - (High Profile) P GC6254 Significant cases, which have importance/or,
set legal precedence. Includes logs,
complaints, court orders, motions, notes,
briefs
Case Records (Routine C1+7 42 USC s1983 Includes logs, complaints, court orders, motions,
and completed) notes, briefs, closing statements (unless minors-3
years after attaining 18)- Litigation, complaints,
and/or claims suspend normal retention periods
(retention begins after settlement).
Contractual Agreements: CCP337.2, 343,
Excluding Capital p GC53066, B&PT042.5 Includes leases, equipment, services or
PU7685; 48 CFR:2 supplies.
Improvement HV64066;
2.08.110, GC37090a; Construction
Includes Capital P 4004; H&S 19850
Improvement
Contractual Agreements and P CCP 337,337. l(a), For the removal of toxic/contaminated soil
all related documents 337.15, 343; GC from City property
34909
Index, Attomey Case L GC6254 Including notations on activities related to
case
Legal Advertising C+4 CCP 343, 349 et seq; Includes public hearing notices, legal
GC 911.2; GC34090 publications
Logs, Attorney Service C+2 GC34090 Service request, summaries of monthly
Request requests
Minutes P GC34090 (d); Official minutes and headng proceedings of
GC36814; GC40801 governing body or board, com'n or com'tee
Notices, Meeting C+2 GC34090.7, Special Meetings
54960.1c(1)
Opinions S+2 GC34090; GC6254 Confidential
Ordinances P GC34090(d) 40806 Municipal Code
Petitions C+2 GC50115; GC6253 Submitted to legislative bodies
Resolutions P GC34090(d) Legislative actions
40801
Summons, subpoenas: C+2 GC34090 Originals retained at department; copies
request for information or retained until no longer required.
personal appearance
Tapes, AudioJideo C+2 GC34090.7 When used for minute preparation; kept
longer if there's potential litigation.
Page 4
Admin (Continued)
Records Sedes Title Retention Citation Remarks
CITY CLERK
Assessment Districts P GC34090 Original documentation
Assessment Rolls C+5 Received from County once a year
Council packets C+2 GC34090
Deeds P GC34090 City owned property
Insurance policies & P GC34090 For protection from litigation
certificates - liability
Inventory, Records C+2 GC34090; 80 OPS Inventory of non-current or inactive records
Atty. Gen. 106 holdings and location, indices. Tapes may
be recycled
Municipal Code P GC34090 Supplements included
Passport transmittal logs Au+4 GC34090 Consistent with cash receipts
Public Records Request C1+2 GC34090
Records Management C1+2 GC34090 Document includes retrieval, transfers -
inactive
Records Management P GC34090 Documentation of final disposition or records
Disposition Certification
Records Retention S+4 CCP 343 Schedule/guidelines
POLICIES & PROCEDURES
General Administrative S+2 GC34090; All city policies and procedures, instructions
40801
Policy, Council/ S+2 GC34090 Policies, directives rendered by Council not
Proclamations assigned a resolution or ordinance number
PUBLIC INFORMATION
Brochures, publications, S+2 GC34090
newsletters, bulletins,
schedules
Calendar, City C+2 GC34090
Media Relations C+2 GC34090 Includes cable, newspaper, radio, message
boards, presentations
RISK MANAGEMENT
Accident Reports - City C+7 29 CFR 1904.2; 29 Reports and related records
Assets CFR 1904.6
Bonds, Insurance P CCP 337.2; 343 Bond and insurance policies insudng city
property and other assets
Claims, Damage C1+5 GC34090; City Attorney retains odginal - Paid/Denied
GC25105.5 Litigation, complaints, and/or claims
suspend normal retention pedods (retention
begins after settlement)
Incident Reports C1+7 29 CFR 1904.2; 29 Theft, arson, vandalism, property damage or
CFR 1904.6 similar occurrence (excluding fire/law
enforcement) (includes incidents occurring
on City property)
Insurance, Joint Powers P GC34090 Accreditation/MOU's/agreements, agendas
Agreement (C+5 when LaserFiched)
Insurance, Certificates P GC34090 Insurance certificates filed separately from
contracts, includes insurance filed by
licensees
Insurance, Liability/Property P GC34090 May include liability, property, Certificates of
Participation, deferred, use of facilities
(C+5 when LaserFiched)
Insurance, Workers P GC6410; 29 CFR Indemnity; PERS - working files - originals
Compensation 1910.20 with Administrator
Photographs, Negatives, Film C+2 GC34090
Risk Management Reports C1+5 OMB 1220-0029; 29 Federal OSHA Forms; Loss Analysis
CFR 1904.4; Report; Safety Reports; Actuarial Studies
GC34090
Page 5
RECORDS RETENTION SCHEDULE
COMMUNITY DEVELOPMENT
Community Development
Records Series Title Retention Citation Remarks
ADMINISTRATION
Benchmark Data C+2 GC34090d Horizontal, vertical & control
Bids & Proposals C+2 GC34090d
(Unsuccessful)
Bids & Proposals (Successful) C1+10 GC34090d Represents completion of all terms of
the executed contract or agreement with
the organization submitting the
successful bid or proposal.
Bonds:
Development P CCP 337.5 Housing; Industrial Development
Security P GC34090 Documentation created and or received
in connection with the performance of
work/services for the city, or for the
parcel maps and subdivision work
Code Books P GC34090e National Electrical Code, Uniform
Building, Mechanical, Plumbing &
Supplements
Committees C+5 GC34090 Member lists, minutes/agendas,
informational material, reports
Drawings, Project Plan L GC34090d Does not include those usually filed with
case, project or permit
Franchises P GC65864, 65869.5, Including subdivision agreements,
34090 CCP337.2, contracts for sale or purchase of
343; AC16023 property, cable, grant of easements
and/or involving construction of
improvements
General Subject CI + 2 GC 34090 Internal working files including
correspondence
Historic Preservation Inventory P GC34090d Historic Structures & Landmarks
Historic Preservation Commission P To Historic Resource property owners
Grants
Incident Reports C+2 GC34090d Emergency call-outs
Master Plans P GC34090 Special or long range program plan for
municipalities - coordination of services;
strategic planning
Photographs - Aedal S+2 GC34090d Aedal photographs
Project Files (Case Files) P GC34090a; Pertains to real property, new
H&S 19850; 4003, construction, storefront improvements,
4004 rehabilitation projects, and promotions.
May include blueprints, drawings, maps,
photos (including negatives) plans,
reports, evaluations, correspondence,
uses, permits, variances, studies,
appeals, compliance certificates,
preliminary notices, lot line adjustments
or other planning-related matters
brought before the legislative body
Reports, Activity C+2 GC34090 Periodic
Seismic Retrofit Program P GC34090a Includes Certificates of Compliance
Page 6
Community Development
(Continued) Retent Citation Remarks
ion
Records Series Title
BUILDING
Address/permit files P A-Zita, contains finalized permit
information
Blueprints of city owned property/buildings P
Certificates of Occupancy L GC34090a Compliance, elevation, occupancy which
affect real property
Construction drawings, Specifications C1+2 GC34090d Submitted by contractors with application
never issued for permit never issued.
Flood Records C+2 GC34090
Inspection P GC34090d Correspondence, fees, appeal requests,
reports
Logs C+5 GC34090 Logs, registers or similar records listing
permits, certificates of occupancy issued;
may include inspection, building activity,
daily, plan check, utility
Microfilm - Property History P
Plan Check Files P GC34090a; 4003; Commercial and residential construction,
4004; H&S 19850, tenant improvements - room additions,
19853 spa, signs, block wall, remodel including
security bonds
Projects, not completed or denied 180 GC34090d Uniform Admin Code, Sec 303.4; permit
days expires, and Sec. 304.4 plans expire
after
approv
ed
Receipts for payment P Manually prepared
Signs (Temporary) S+2 GC34090d Home occupations, off-premise signs
Street Names and House Numbers P GC34090a Street dedications, closings, address
assignment/changes
ENGINEERING
Capital Improvement Project Plans P GC34090 Infrastructure - streets, curbs, gutters,
sidewalks, storm drains, water, sewer,
parks
Capital Improvement Projects C1+10 CCR337.15 Supporting documents including bidders
list, specifications, reports, plans, work
orders, schedules, etc.
Capital Improvements, Construction- P 2.083110; GC34090a; Contains records re: Planning, design,
Municipal Facilities 4004; H&S 19850; construction, conversion or modification
of local govemment-owned facilities,
structures & systems
Construction Tracking Daily P CCR337.15 Daily Tracking
Drawings, Traffic Control Plan P GC34090a Signs, signing & striping, road
construction
Flood Control C1+2 GC34090d Storm Drains
Maps & Plats P GC34090a Engineering & field notes and profiles;
cross-section of roads, streets, right-of-
way, bddges; may include annexations,
parks, tracts, block, storm drains, water
easements, bench marks, trees, grading,
landfill, fire hydrants, base maps, etc.
Permits:
Encroachment P GC34090
Improvement C+2 GC34090 May include curbs, sidewalks;
Applications for excavation, fill, alterations
Oversize Load C+2 GC34090
Parking C+2 GC34090 Residential
Page 7
Community Development
(Continued) Retenti Citation Remarks
Records Series Title on
Paving C+2 GC34090
Use (Temporary) C+4 GC34090 Includes Special Events
Other C1+2 GC34090d Alterations, excavations, road, street
sidewalks & curb alterations,
transportation, swimming pool
drainage, temporary uses, etc.
Programs:
Federal Programs C+3 23CFR633 (a) & (c)
Traffic Safety C+2 GC34090 Pedestrian safety, bicycle lanes
Reports:
Bridges & Overpasses L GC34090 Life of structure
Inspection C+2 GC34090 Includes intersection, sidewalks,
bridges and overpasses, keep for the
life of structure
Studies C1+2 GC34090 Traffic volume, accident history,
requests, statistics, drawings
supporting traffic devices
Traffic Count C1+5 GC34090 Evaluation of traffic volume
Vehicle Accident C+2 GC34090
Requests for Proposals (RFP's) C+2 GC34090 Retention for Department historical
value
Routes, School Bus & Truck C+2 GC34090 Truck routes, access ramps, rest
areas
Signage L+2 GC34090 Log books, index register cards,
inventory lists, records of traffic signs
Special Districts P GC34090a Supporting documents re:
improvement, lighting, underground
utility; bonds, taxes, & construction
Speed Limits S+2 GC34090
Street/Alley (Abandonment/Vacation) P GC34090d Relinquishment of dghts and fee title
Studies, Special Projects & Noise Areas C1+2 GC34090d Engineering, Joint Powers, noise,
transportation
Surveys P GC34090a Recording data and maps
Traffic Signals P GC34090 Logs, drawings, wiring diagrams,
codes, circuit numbers, installation
records, testing and maintenance
ENVIRONMENTAL QUALITY
Air Quality (AQMD) C+7 CCP 338(k); GC34090 Participants/voucher logs, Total Daily
Mileage Survey (TDM); various local
authorities; Commute Alternative
Asbestos P GC34090a Documents abatement projects,
public buildings
California Environmental Quality Act P GC3490a + CEQA Exemptions, Environmental Impact
(CEQA) Guidelines Report, Mitigation monitoring,
negative declaration, notices of
completion and determination,
comments, statements of overriding
considerations
Congestion Management C+2 GC34090d Ride sharing, tdp reduction
Environmental Review C1+2 GC34090d Correspondence, consultants, issues,
conservation
Pest Control C+2 GC34090d Pesticide applications, inspections &
sampling, documents
Soil, HAZMAT level 1 or 2 C1+2 GC34090d Analysis, construction
recommendations
Soil Reports P GC34090d Final Reports
Page 8
Community Development
(Continued) Retent Citation Remarks
Records Series Title ion
GRANTS
Community Development Block Grant P GC34090; 24 CFR Applications, reports, contracts,
and Urban Development 570.502; 24 CFR85.42' supporting documents
Financial Records C1+5 GC34090 Refer to grant application close-out
procedure
Grants C1+5 24CFR 570.502(b) (3); Project files, contracts, proposals,
24 CFR statements, reports, sub-recipient
85.42 OMB Cir. A-110, dockets, Environmental review, grant
Attach. C; documents, applications, inventory,
OMB A-102 &128, HUD consolidated plan, etc. Includes Section
regulations 108 loan guarantee
Grants, Federal and State C1+5 GC34090 Refer to grant application close-out
procedure
Grants, Unsuccessful C1+2 GC34090 Applications not entitled
Reports, Federal & State P GC34090a Grants, Community/Urban Development
(includes CDBG)
HOUSING
Applications for Loans - reiected C+2 GC34090 First time homebuyers program
Appraisal Reports C+5 GC34090, 6254(h) For land acquisition - not accessible to
the public
Bonds P CCP337 Revenue Bond Documentation
Employees First Time Homebuyers Loan C1+4 GC34090, CCP 337 Loan pay-off + 4 years
Program Covers statute of limitations for contracts
Housing Programs P 24 CFR 570.502(b)(3); Comprehensive Housing Authority
24 CFR 85.42 & OMB Strategy, Meeting Credit Certificate,
Cir. A-110, #C Housing bond advisory, HOME, In-Lieu
Housing Mitigation, Low/Moderate
Housing, Rental Housing Assistance
Loans P GC34090 Promissory notes, Deeds of trust, detail
information.
Photographs C+2 GC34090d Photographs not associated with a project
file
Promotional Matedal C+2 GC34090
Railroad Right-of-way C+3 36CFR64.11 Land acquisitions, correspondence,
improvements, statutory records
Redevelopment:
Budgets P GC34090, 40802, 53901 Includes annual audit
GC43900 et seq.
Bond Issues P
Relocation Files C1+2 GC34090 Redevelopment/related to eminent
domain
Summer Youth Program C+2 GC34090 Invoices and detail for summer youth
programs, reportable to other agencies
Page 9
Community Development
(Continued) Retention Citation Remarks
Records Series Title
PLANNING
Annexation Case Files P GC34090a Reports, a~lreements, public notices
Assessor Parcel Information S CC34090 County retains originals
Case files, Planning & Zoning P GC34090a; Pertains to real property. May include
H&S 19850; 4003; reduced copies of blueprints, drawings,
4004 maps, and plans; reports, evaluations,
correspondence, notice of findings, use
permits, variances, studies, appeals,
compliance certificates, lot line adjustments
or other planning-related matters brought
before legislative body
Development Agreements P CCP337, Infrastructure contracts, franchises;
337.1(a),337.15; including CC&R's, property restrictions, park
GC34090; improvements, sidewalks, street & alley,
48 CFR 4.703 utilities.
Development Conditions P GC34090 Mitigation measures; filed with case files
Development Permits P GC34090a; H&S Building, Planning, signs, grading, including
19850; 4003; 4004 drawings and specifications
Development Standards S GC34090a Landscape mediums, parkway landscape
development, public works construction
(copy may be retained for historic purposes)
Environmental C+2 Non-records
determinations/reports or neg decs
for outside City boundaries
General Plan and Elements P GC34090 Includes sphere of influence
General & Specific Plan
Amendments:
Approved P GC34090
Denied C+3 GC65103:
GC50110
Interpretations P GC34090
Land uses, nonconforming P GC34090a Building or site usage which does not
conform to current standards
Maps, Plans, Drawings, Exhibits, Retain as GC34090; Zoning, tentative subdivision, parcel, land
Photos long as H&S 19850; use map, aedal photos, specific plans
required GC34090.7
Projects, not completed or denied Retain as GC34090d Planning
long as
required
Page 10
RECORDS RETENTION SCHEDULE
FINANCE DEPARTMENT
Finance
Records Series Title Retention Citation Remarks
AUDIT
Annual Financial Reports P GC34090 Copy retained by City Clerk's office
Budgets, Operating and Capital, P GC34090 Copy retained by City Clerk's office
Adopted
Reviews, Internal/External CI GC34090; Daily, weekly, monthly, quarterly, or other
Periodic (completed) GC6250 summary, review, evaluation, log, list, statistics,
except a report
FINANCE
Accounts Payable Au+4 GC34090 Invoices, check copies, supporting documents
(copies maintained by departments are C+2)
Accounts Receivable Au+4 GC34090
Assessment Districts T GC34090 Collection information/until termination of district;
Ori~linal documentation files with City Clerk
Bank Reconciliations; Bank Au+5 GC34090; Statements, summaries for receipts,
statements 26 CFR 16001-1 disbursements & reconciliation's
Budget adjustments Au+5 GC34090 Account transfers
Business licenses C+4 GC34090; Paid & reports
electronic CCP 337
Checks Au+5 GC34090 Includes payroll, canceled & voided checks
CCP 337
Deposits, Receipts Au+4 GC34090; Checks, coins, currency
CCP 337
Developer deposits/history T+5
Petty Cash Receipts AU+4 GC 34090 Copies maintained by departments
Petty Cash Records (copies C+2 GC 34090.7 Includes copies of receipts, logs, transmittal forms
being maintained by depts.)
Invoices Au+4 GC34090 Copies sent for fees owed, billing, related
documents
Ledger: P GC34090;
General CCP 337
Journal Voucher Au+4 GC34090; Account postings with supporting documents
CCP 337
Purchase Orders / Requisitions Au+4 GC34090; Original documents
CCP 337
State Controller P GC34090 Controller may destroy after 5 years
Vendor Register P GC34090 Alpha vendor listing of purchase orders, invoices,
electronic account numbers and check date
Taxes, Receivable Au+3 CCP338
FIXED ASSETS
Inventory Au+4 GC34090; Reflects purchase date, cost, account number
26 CFR 301 65-
I(F)
Surplus Property:
Auction Au+2 GO340g0 Listing] of property
Disposal Au+4 GO340g0: Sealed bid sales of equipment
CCP 337
Vehicle Ownership & Title L VC 9900 et seq. Title transfers when vehicle sold
Page 11
Finance (Continued)
Records Series Title Retention Citation Remarks
PAYROLL
Address changes, direct deposit, Au+4 GC34090
vacation and comp times sales
Adjustments Au+4 GC34090 Audit purposes
29 CFR 516.5-
516.6
Deferred Compensation T+5 GC34090; Records of employee contributions and city
Reports 26 CFR 16001-1 payments
29 CFR 1627.3(2)
Employee Time Cards Au+6 GC34090; Signed by employee for audit & FEMA Reports
29 CFR 516.2
29 CFR 516.6(1);
IRS Reg. 31.6001-
l(e)(z); R&T
19530; LC 1174(d)
Reports, PERS Employee T+4 GC34090; Record of deductions (PERS Public Employee
Deduction CAC 22-1085-2 Retirement System)
26 CFR 31-6001-
1; 29 CFR 516.5,
516.6, LC 1174(d)
Reports, Federal and State Tax Au+4 GC34090; Forms 1096, 1099, W-4's and W-2's
29 USC 436
26 CFR
31.6001.1-4; IRS
Reg 31.6001-
1(e)(2); R&T
19530;29 CFR
516.5-516.6
Reports, Labor Distribution Au+2 GC34090 Costs by employee & program
Reports, Leave Hour C+4 IRS Reg 31.6001-
1(e)(2), 29 CFR
516.5-516.6,
R&T19530;
LC1174(d); GC
34090
Salary Records T+3 GC34090; Garnishments
29 CFR 516.2
CAPITAL IMPROVEMENT
FINANCING AUTHORITY
Administration P GC34090
Financial Records P GC34090, 40802,
53901
Management Reports C+2 GC34090
TREASURER
Bonds:
Account Statements Au+5 GC34090; Monthly statement of transactions
CCP 337.5
Administration T+5 GC34090; Supporting documents
CCP 337.5
Investment Transactions Reports P GC34090; Summary of transactions, inventory & earnings
CCP 337; report
GC 53607
Page 12
RECORDS RETENTION SCHEDULE
FIRE DEPARTMENT
Fire
Records Sedes Title Retentio Citation Remarks
n
ADMINISTRATION
Books, Fire Code S+3 GC 34090.7 Include OPS manuals
CCP 340.5
Inspections, Fire Station C1+2 GC34090
Inspections, Fire Prevention C1+3 UFC103.34 Alarm/sprinkler systems, prevention efforts
Investigations, Evidence Arson P PC799 Support prosecution resulting in homicide
Investigations, Evidence Arson C1+6 PCS00 Great bodily harm, inhabited structure or
property
Journals, Fire Station P GC34090 Activities, personnel, engine company
Legal Opinions P GC34090 From State legislature or City Attorney's office
Mutual Aid, Strategic Plans C+2 GC34090
Patient Care Reports P Medical reports
Permits, Fireworks C+2 GC34090 Permits for fireworks booths
Policies & Procedures C+2 GC34090 Includes rules, regulations, standards
FIRE PERSONNEL
Background investigations:
Hired T+5 GC34090
Not hired C1+2
Controlled substance P GC34090 Morphine/valium record keeping
Exposure T+30 29CFR Sampling results, collection methodology,
1910.1020 background
Exposure T+I 29CFR Laboratory reports and worksheets
1910.1020
Medical T+30 29CFR
1910.1020
Medical T+2 29CFR Employees less than one year
1910.1020
Training T+2 GC34090 Certifications/designations
PROPERTY
ApparatusNehicle C+2 GC34090 Repair and Maintenance
CCP 34O.5
8 CA Code of
Regulations
3203(b)(1)
Field, Non-fire and Logs C+2 GC34090
Fire, Non-arson and Logs C+2 GC34090
Fire EquipmentJGear Logs C+2 GC34090
Incident Reports C1+5 GC34090 Dispatch and daily logs
CCP338
CCP 34O.5
Inventory, Equipment & C+2 GC34090
Supplies
Investigations, Evidence Arson C+3 PC801; Structure
UFC 104.32
CODE ENFORCEMENT
Abandoned Vehicles C1+2 GC34090d Private property
Case Files P GC34090d Building, housing and mobile home code
violation records including inspections; public
nuisance rubbish and weed abatement, vehicle
abatement, citations, massage parlor permits,
general
Forms/handouts S Knox box, after hour inspections etc.
Liens & Releases, Supporting C1+2 GC34090 Utilities, abatement, licenses
Logs C+2 GC34090d Lien Recovery, citations, complaints
Page 13
Fire (Continued)
Records Series Title Retention Citation Remarks
Regulations S+2 GC34090d Includes rules
Reports, Federal & State P GC34090a Code enforcement statistics; may contain records
affecting title to real property or liens thereon
Safety Inspector Reports P GC34090 Engine Company
Violations, Building, Property & C1+2 GC34090d Supporting code enforcement activity
Zoning
Weed Abatement C+5 GC34090 Reports, assessments, resolutions,
documentation
HAZARDOUS MATERIALS
Hazardous Waste Disposal C+10 CA OSHA; Documentation re handling and disposal of
40CFR122.21 hazardous waste
Permits, Hazardous Materials P GC34090 Although the GC only recommends current + 2
Storage years, other agencies consistently recommend
permanent retention of environmentally sensitive
material
Programs, Household S+2 GC34090
Hazardous Waste
Training Materials S+2 Cai Code Reg. Standards and Administration
3204(d), et seq.
Underground Storage Tank:
Compliance P GC34090a Documents re: storage
Maintenance & Oper. C+2 GC34090 Location, installation, removal, remediation
Page 14
RECORDS RETENTION SCHEDULE
HUMAN RESOURCES
Human Resources
Records Sedes Title Retention Citation Remarks
Benefit Plan Enrollment, Denied T+5 GC34090 (Part of EE file)
Benefit Plan Claims P GC6250 et seq.; May include dental, disability, education, health,
CFR 1602.30; 32; life and vision including dependent care and
Lab Rel Sec 1174 Employee Assistance
29 CFR 1637.3; 29
USC 1027; 29 CFR
1627.3; 29 USC
1113
Billings (Medical/Dental) T+25
Cai OSHA T+25 Forms 300-A Annual Summary & 301 Incident
Report
Classifications and Appointments P GC34090; Includes supplemental Personnel records
GC12946; 29 CFR
516.6(2); 29 CFR
1602.4
Employee Accident Reports T+5 GC34090 (Part of EE file)
Employee Handbook S+2 GC34090 General employee information including benefit
(currently non-existent) plans
Employee Programs C+5 GC34090; Recognition/customer service
GC12946
Employee Rights GC12946; 29 CFR May include arbitration, grievances, union
Non-Safety Employees T+5 1602; 29 USC 211 requests, sexual harassment and civil rights,
Safety (Police) T+5 Ce); 203(m); 207(9) complaints, disciplinary actions
Hourly Employees T+5 GC12946;
GC34090
29 CFR 1627.3,
Labor Relations
Section 1174
Immigration P Immigration I-9's
Reform/Control Act
1986 Pub L 99-603
Job interest cards C+2 GC34090
Medical Leave T+5 FMLA 1993 US (Part of EE file) May include family leave;
OSHA; 29 CFR certifications; tests; W-4's
1910.20; 29 CFR
1602.30.32; 49 CFR
193-9
Motor Vehicle Pulls (DMV) C1+7 GC12946,
CA 91009; 8 USC
1324
Negotiations (labor relations) P 29 USC Sections Notes, notebooks, correspondence, contracts, and
21 lc, 203(m), Memorandums of Agreements
207(9)
Personnel Files: Reference: 29 CFR Applications, certificates, disciplinary action,
16273; Lbr Rltns disciplinary complaints, grievances, insurance,
Non-Safety Employees - T+25 Sec 1174; 29 CFR licenses, performance appraisals, personnel
Safety - T+25 1602.30.32; history, Release Authorizations; certifications;
GC6250 et seq.; 29 reassignments; outside employment;
CFR; GC 12946, commendations; terminations; Oaths of Office;
34090,1607.4; 29 pre-employee medicals; fingerprints; identification
CFR 655.202; 29 cards (ID's)
CFR 516.6 et seq.;
45 CFR 1068.6(a)
Personnel Records (copies) C+2 GC34090; Attendance; evaluations; drafts; worksheets,
GC6250 postings
Page 15
Human Resources
(Continued) Retention Citation Remarks
Records Series Title
PERS, Social Security, SSI T+5 29 CFR 1627.3(2); GC (Part of EE file) EEOC/ADEA
12946, 34090
Recruitment C!+3 Reference: Applications (not hired), resumes, alternate
C1+5 GC12946; GC6250 et seq; lists/logs, indices; ethnicity disclosures;
29 CFR 1602 et seq.; 29 examination materials, examination
CFR 1607; 49 USC answer sheets, job bulletins; eligibility;
2000(e)-8; 2000c-12 electronic database
Reference Checks T+2 GC12946
Surveys & Studies C+5 GC 12946, 34090; 29 CFR Includes classification, wage rates
516.6(2); 29 CFR 1602.14
Training Records:
Non-Safety C+7 GC6250 et seq. Employee/volunteer applications, program
training, class training materials,
internships
Personnel (by name) T+7 GC34090 Paperwork documenting officers' internal
and extemal training
Safety C+2 GC34090 Certifications/designations
Volunteer workers: Includes applications, waivers, placement
hired T+2 GC34090 forms; Information is generally kept by
not-hired C+2 departments
Workers Compensation P CCR 14311' 15400.2 Labor Claim Files, Reports, Incidents (working
Code 5405 Title 8 files) originals filed with Administrator
Page 16
RECORDS RETENTION SCHEDULE
INFORMATION TECHNOLOGY
Information Technology
Records Series Title Retention Citation Remarks
Annual fiscal year and calendar C+7 GC34090 et. Considered an electronic communication and
year full backups seq. can be destroyed when no longer required;
retention based on administrative value
Monthly full backups Until no GC34090 et Stored off-site; Considered an electronic
longer seq. communication and can be destroyed when no
required longer required; retention based on
administrative value
Daily full backups 30 days GC34090 et. Considered an electronic communication and
seq. can be destroyed when no longer required;
retention based on administrative value; recycle
tapes
Internet, Wodd Wide Web C+2 GC34090 Management/policies and supporting
documentation
Inventory information systems C+2 GC34090 Hardware/software inventory logs; systems
manuals
Licenses C+2 GC34090 Forms, documentation required by Federal or
State Agencies
Network information systems C+4 GC34090; Configuration maps and plans
(LAN/WAN) CCP 337.2;
CCP 343
Page 17
RECORDS RETENTION SCHEDULE
LIBRARY
LIBRARY
Records Series Title Retention Citation Remarks
Class rosters C1+2 GC 34090
Grants received P Applications, reports, all pertinent
documents; kept in-house, historic
value
Library Board of Trustees P Histodc value
meeting packets
Patron comments on materials C+7 Cards filled out by Library patrons
and kept in-house
Staff manual C Kept in-house
State library reports P Histodc value
Page 18
RECORDS RETENTION SCHEDULE
POLICE DEPARTMENT
Police Citation Remarks
Retention
Records Series Title
POLICIES & PROCEDURES
Dept. Procedures / General Orders S+5
Dept. Rules & Regulations S
Records' Procedures S
PERSONNEL/TRAINING
Payroll C+2
Personnel:
Background investigations:
Hired T+5
Not hired C1+2
Personnel information C+2 PAF's OSHA reports, change of address
forms (copies)
Accident Review C1+5 PC 832.5 Investigation of employee-involved vehicle
accidents.
Citizen Complaints C1+5 PC 832.5 Investigation of complaints by citizens
Internal Affairs C1+5 PC 832.5 Investigation of alleged employee
misconduct.
Shooting/officer involved L GC 34090 Investigation of officer-involved shootings.
Daily Attendance C+2 Employee work schedule
Schedules
Training T+2 Employee training (includes sworn and
non sworn)
Recruitment C+2 GC12946 Background information on applicants.
Personnel Photographs S+2 GC34090
Bi-annual CJIS Certification C+2
Comp Time/Shift Swap Request C+2
Forms
Crossing Guards T+2
Daily Roster C+2
Employee lists S GC 34090 Until superseded; computerized and
updated periodically
Grievance files C1+2 Grievance filed by employees, supporting
documentation
Hostage Negotiation Team C+5
K-9 Training C+5
P.O.S.T. compliance- Dispatchers T+2
P.O.S.T. notification of appointment/ T+2
termination
P.O.S.T. reimbursements C+2
P.O.S.T. school travel C+2
authorizations
Performance Reviews T+2 Copies (Orig. in HR)
Personnel meeting notes C1+2
Reserve Officers; training, T+2
jobs/hours worked
Shift Bids C+2
SWAT C+5
Training bulletins, lesson plans P
(range), firearms (range)
Training/Schools C+2
Page 19
Police (continued) Retention Citation Remarks
Records Series Title
Twenty-First Century Leadership S
Academy
Use of force/Supv, review C1+2
Volunteer card files T+2 GC34090 Volunteers' ID, contact info
Watch Assignment/timekeeping C+2
records
CRIME / ACCIDENT / INCIDENT /
ARREST REPORTS, CITES,
WARRANTS
Felony crimes with or without P PC800,801
arrests See desc GC34090 Commencement of prosecution defined in PC 804.
Exception: See PC 803 - Tolling/Extension of time
periods: Appeals process and ~Three Strikes" also
considerations in assi~]nin~l retention.
Felony & Misdemeanor Crimes w/o See desc PC 799, 800, Retention per Statute of Limitation
arrest- Sections 799,800, 801, 801,801.5, (Refer to Page 25, Note 2)
801.5 801.6, 802(a),
802(b) and
802(c)
Traffic Accidents
Involving City property or C+7
personnel
Fatal & major injury P
Involving arrest P
All others C1+2
Infractions or no cdme occurred C1+2 GC 34090 No arrests, identifiable property of missing
persons (Refer to Parle 25, Note 1)
Specific Reports by title:
Mental Case P
D.V. related Ass&Bat P
Involves City property or C+7
personnel
Missing persons C1+2
Sexual assaults P
Child abuse & neglect P 11170(a)(3) PC If substantiated or inconclusive must be
retained minimum 10 yrs.
Arrest/conviction H&S Section C1+2 H&S 11361.5 Applicable to convictions occurring after
11357(b),(c),(d),(e) or H&S Section (Mandatory 1976 or arrests not followed by a conviction
11360(b) violations (occurring after destruction occurring after 1976; exception: 11357(e)
1976) from date of retained until a juvenile offender attains the
conviction or age of 18 years, then destroyed pursuant to
date of arrest 11361.5
w/no
conviction)
Arrest/Conviction H&S Section Mandatory H&S 11361.5 Applicable to convictions occurring pdor to
11357(b), (c), d), (e) violations destruction (c) 1976 or arrests not followed by a conviction
(occurring before 1976 (w/written occurring prior to 1976 violations of H&S
notice from Code 11357, 11364, 11365, 11550
DO J)
Citations:
Califomia Vehicle Code C+2 GC34090 Original is forwarded to court
Infractions (Police Copy)
Parking/Traffic C+2 GC34090 Originals are forwarded to court after
agency processing; includes citations
electronically created
Transmittals C+2 GC34090 Listing of citations forwarded to court, filed
for reference
Page 20
Police (Continued)
Records Series Title Retention Citation Remarks
Arson, Sex, and Narcotics L Fingerprint Card, photo, & criminal history.
Registrant Files Information also forwarded to DOJ
Evidence tapes See desc GC34090.6 Destroyed after adjudication of case, or
statute of limitations
Field Interview Records C+2 GC34090 Contact info
Fingerprints:
Applicant Files T+2 GC34090 Checks for city employment, business
license applicants; may include related
paperwork (DOJ Transmittal form) (covers
all City depts.)
Local 10-digit or palm pdnt cards L Persons booked into detention facility
Latent prints See desc Latent prints are treated as evidence
Suspect, Adult/Juvenile CI Adults/juveniles suspected of a crime, taken
for comparison. Destroy after original
purpose achieved. Destroy when other
evidence is destroyed.
Homicide (investigator's file) P GC 34090.6
Photographs and negatives:
Crime Scene See desc Destroy when case closed &/or no longer
functional
Traffic accident scene: Retention is same "Traffic Accidents"
Involving City property or C+7 reports, Pg 21
personnel
Fatal & major injury P
Involving arrest P
All others C1+2
Mug shots L Life of arrestee
Rap Sheet DOJ GC34090 Requests for cdminal history of defendant,
advises to suspect/potential suspect
keep only
as long as
needed
Sealed Records:
Adult found factually innocent Mandatory PC851.8 General provision; upon petition, records of
destruction agency must be sealed and destroyed in
upon and accordance with the provisions set by court
pursuant to record; exceptions.
Court Order
Juvenile Mandatory WlC 826(a) Local law enforcement records within WlC
destruction &(b), 826(b) may be destroyed as ordered by the
upon and WlC 781(A) court. Records involving arrests, detention
pursuant to and/or petitioning juvenile before juvenile
Court Order
court
Tapes (audio, video, as evidence) See desc Same retention as cdme report.
Warrants:
Felony Eligible for Recommended by the California Law
recall after 10 Enforcement Warrant Officer's Association
yrs, upon
review by
DA's ofc. on
case-by-case
basis.
Misdemeanor Criminal Recall after Recommended by the CA Law Enforce
5 yrs Warrant Officer's Assoc.
Served C Included warrant service information card,
alpha index card
Unserved (local) See desc Until served, recalled or purged
Page 21
Police (Continued) Retention Citation Remarks
Records Series Title
INTELLIGENCE
ABC files C1+2
Gang Member Index C+2 Name, address, monikers, gang affiliation of
active members
Gang Registration C+2 Meeting notes, development of Dept.
procedure
Intelligence Operations Bulletins CI
Narcotics: T+10 Legal notifications, identification information,
Confidential Informant Files payment information, activities information
Parolees records - SSF See desc List of current active parolees. Destroyed
individually when person is no longer on
parole.
Pawn Broker/Secondhand Dealer C+2 GC34090 Pawn slips. Dealer required to file duplicate
with agency.
Probation records- Juvenile C1+2 Info from County ofjuvs in SSF on probation
Registration files - CIB C1+2
TIP Bulletins C+2
Wanted Posters- FBI CI
DEPT. PROGRAMS / SPECIAL
PROJECTS
ABC G.A.L.E. C+2
Adopt-a-Dwelling C+2
Adopt-a-School C+2
Citizens' Academy C+2
Commendation Committee C+5
COPPS S
D.A.R.E. C+2
Directed Patrol Logs C+2
Domestic Violence Tracking C+2
Downtown Offenders C+2
Downtown Project C+2
Explorer Program: For donations to the Police Explorer Post to
Checkbook, savings accounts and Au+4 GC34090 augment monies budgeted by the city;
accounts payable checks received
Program files C+2 Minutes of meetings, trip plans, evaluations
First Chance Program C+2
Grant Wdting C+2
Gratuity File C+2
Juvenile Smoking (308B P.C.) C+2
Law Enforcement Block Grants C1+5
Lesson Plans: DARE, gangs, sober S
graduation, citizens' academies
Narcotics Task Force (NTF) - C+2
County
PAL Program:
Bills, team expenses, accounts C+2 GC34090 For payment of activities and other expenses
in regard to the PAL Program.
Treasurer Reports P GC34090 Yearly final reports done by an accountant
not employed by City.
Insurance Contracts P GC34090 Proof of insurance coverage.
Membership lists C+2 GC34090 Pal Program membership rosters.
Monthly newsletters C+2 GC34090 Newsletters describing upcoming events.
Permission slips C+2 GC34090 Permission slips signed by parent giving the
okay for the child to participate in a given
activity.
Page 22
Police (Continued) Retention Citation Remarks
Records Series Title
Project N.E.A.T. C+2
Sober Graduation C+2
Summer Youth Work Program C+2
Transient Encampments C+2
Vehicle Theft Task Fome (VTTF) - C+2
County
LOGS / STATS / INVENTORY
Asset Forfeiture: C1+2 GC 34090 Log by case number, defendant's name,
Proceedings Case File amount of money involved and how
distributed
Booking fees paid to County C+2
Case Assignment Log (:+2 Case # and detective assignments
Court Liaison's filing log C+2 Contains case number, arresting officer,
suspects' names, charges, victims' names,
date of filing
Dispatch Incident/Status Cards C+2 GC34090
Equipment:
Manuals, warranties, instructions T Retained until termination of equipment use
Service Records T Retained until termination of equipment use
Firearms Inventory P Department-owned weapons, personal
weapons, alternate weapons, secondary
handguns; produces inventory reports
Holding facility:
Jail Operations C1+2 "Lock-up" inspection reports
Temporary Holding Facility C+6 Individual's name, age, sex, report #,
Health Questionnaire and Facility charge(s), cell #, ID#, time date, time
log checks, officer's name
Property Control C+2 GC34090 Log items coming into and going out of
property room. Is done on Property/
Evidence form and filed with the case report
when completed.
Reports, Activity:
Daily Activities Records C+2 Daily accounting of calls-for-service and
initiated activities by officers and PSTs
Daily Activity Report (monthly) C+2
Undercover activity financial C+2
disbursement records (buy fund)
Speedometer calibration certificates C+2
Statistical (Crime analysis) C+2 Internal generated info, using activity logs,
citizen calls, current & past crime statistic
reports, citations, cdme reports, accident
reports, permits, receipts. Reports created
for vadety of purposes including increases/
decreases in cdminal activity; officer
workload, deployment, time usage
Subpoena Log Book C+2 GC 34090 Subpoenas received/served daily
Towed/stored vehicle logs C+2 Date, time, locations, description of vehicle,
tow company
UCR Crime statistics C+5 Uniform Crime Reports. Mandatory to DOJ.
TRAFFIC
Abandoned Vehicle Abatements C+2
C.A.R.E. (Citizen Assisted Radar C+2
Enforcement)
Page 23
Police (Continued) Retention Citation Remarks
Records Series Title
Courtesy Notice of Violation C+1
DUI Cost Recovery C+2
Monthly Traffic Reports C+2
Office of Traffic Safety Grant- Avoid C+2
the 23
Parking Cite Fine Collection C+2
Parking Place Commission C+2 Working files
Preliminary Alcohol Screening (PAS) C+2
calibration log
Radar calibration records T+2 GC 34090 Documentation of radar instruments retained
during use/ownership
Radar Survey S+2
Rat Boxes C+2
SWITRS C+2
TARPS Expense & Accommodation C+2
worksheets
Taxi Cab Inspections C+2
Taxi Cab Driver Applications T+2
Tow Companies C+2
Tow Truck Drivers' ID T
Tow Truck Inspection C+2
Traffic Activity Log C+2
Traffic Complaints C+2
Traffic Counts C+5
Traffic Officer Statistics C+2
GENERAL SUBJECTS &
CORRESPONDENCE
9-1-1 Printouts C+2
Accounting / cash reconciliation Au+4 Records of monies into the General Fund
Affidavit of Costs C+2
Auction Records C+2
Bail receipts C+2
Bike Registration Files C+2 GC34090 Bike registrations and renewals
Briefing Board Info C+2
Business Licenses - PD approval C+2
Citizen Questionnaire / Survey C+2 Citizen response to service received or
Response request for service & correspondence
Civil Subpoena Witness Fees C1+2
Client Alert/Legislative Updates S+2
Code Enforcement Log C+2
Colma PD Contracts T+5
Concealed Weapon Permit A+2
CPS & California Law Enforcement C1+2 Procedure/agreement to release State
Teletype system (CLETS) summary criminal history
Daily Cash Audit Sheets Au+4
Damaged Vehicle Log C+2
Dance Hall Security Payments C+2
Destruction of firearms / narcotics P GC 34090 Disposal
file
Fingerprinting Transmittals to the C+2
DOJ
Page 24
Police (Continued) Retention Citation Remarks
Records Series Title
Firearms Dealers C+2
NCIC Validations C+2
OSHA Claims T+2
Palmistry Applications C+2
Repossession/Private Tows of C+2 Written verification from particular
Vehicles companies
Research Project Files C1+2 GC34090 May include request forms, background
materials, staff reports, final project reports
and supporting data.
Restitutions C+2
Restraining Orders, EPOs C Destroy after law enforcement actions
described in PC 273.5, 273.6, 646.9,
12028.5, 13700 and Family Code Sections
6380-6383 are fulfilled and effective date of
restraining order has expired
Ride-Alongs C+2
Security Guard Agencies C+2
Solicitors C+2
Staff Meeting Notes C+2
Supervisors' Meeting Notes C+2
Taser T+2
Uniform Vouchers (by name) C+2 GC34090 Authorize purchase
Vehicle Inventory Sheets C+2
The destruction of felony, misdemeanor and infraction Crime/Case/Incident Reports is permitted providing:
Note 1
1.
2.
3.
4.
5.
6.
They do not relate to an unadjudicated arrest except for H&S 11357 or H&S 11360 violations;
They do not relate to unserved warrants;
They do not involve identifiable items which have not been recovered;
They do not relate to PC 290, PC 457.1, or H&S 11590 registrants;
They do not relate to violations listed in PC Sections 799 and 800;
The cases are not presently involved in either a civil or criminal litigation.
Page 25
RECORDS RETENTION SCHEDULE
PARKS, RECREATION AND MAINTENANCE SERVICES
PR&MS
Retention Citation Remarks
Records Series Title
ADMIN/RECREATION
Accident Reports - Rec program C1+2 GC34090 Accidents by patrons using City facilities,
patrons attending classes
City co-sponsored groups Applications, rosters, financial reports
Class Rosters C+2 GC34090
Day in the Park C+5 GC34090 Year to year working files; vendor and event
information
Facility Rentals/Use C+2 GC34090 Permits, contracts, diagrams, schedules,
insurance binders
Harbor District/Marina P Historic records; billings, financial reports;
administrative records
Park In Lieu Fees P Dev. Projects - formula for determining fee and
record of payments
Photographs S+2 GC34090 Special events, retained for historic purposes
Plans, Proposed C+2 GC34090 Future plans, new sites, expansions or until
superceded
Refund requests Au+4 Classes, facility rentals
Schedules, Classes & Events C+2 GC34090 Enrollment, liability releases, evaluations,
attendance, flyers
School District/City leases P Copies maintained for reference purposes
Studies C1+2 GC34090 Future park sites, expansions
SENIOR SERVICES
Grants - Aging C1+5 GC34090 Federal and state grants
Project Files C+2 GC34090 Current project information including memos,
correspondence, supporting documents relative
to the project
Receipts - donations C+2 GC34090 Used in quarterly reporting to other agencies
STREETS/PARKS
Abandonments/Vacations P GC34090
Closures P GC34090
Common Greens C+5 GC34090 Maintenance, assessments
Community Garden License C+5 GC34090
Agreements
Easements, Dedications, Rights-of- P GC34090
Way
Field Books P GC34090
Incident Reports C1+7 GC34090 Damage to parks, facilities
Intersection Records C+2 GC34090 Includes correspondence, volume counts,
accident history
Inventory, Equipment A+2 GC34090 Warranties, purchase orders
Landscaping Records C+2 GC34090 Plants, tree maintenance, work orders, contracts,
complaints, specifications, photos, reports
Landscape Drawings 2 GC34090 Drawings
Lighting C+2 GC34090 Maintenance, work orders
Page 26
PR&MS (continued) Retention Citation Remarks
Records Series Title
Maps P GC34090 Irrigation, plot plans, fire hydrants, lighting
districts, wheel chair ramps, storm drains,
streets, sidewalks, utilities
Maintenance and Operations C+2 GC34090d Service requests, invoices, supporting
documentation; buildings, equipment, field
engineering, public facilities including work
orders and graffiti removal
Master Plans C+2 GC34090 Copies
Parking:
Lots C+2 GC34090
Regulations S+2 GC34090
PG&E Programs C+5
Reports/Studies C1+2 GC34090
Tree removal permits C+5 GC34090
CITY GARAGE
Accident Reports, Vehicle C1+2 GC34090 memos and working documents
Fueling A+3 CCP 337 Meter readings, fuel consumption reports,
invoices, receipts and records pertaining to
refueling operations
Hazardous Waste Disposal C+10 CAL OSHA; Documentation re: the handling and disposal
40 CFR 122.21 of hazardous waste
Inventory, Equipment Parts & L+2 GC34090 Includes vehicles and related documents re
Supplies repairs
Inventory, Vehicle Ownership and L+2 GC34090 Owner's manual, warranty documents,
Title Department of Motor Vehicle title and
registration, and related documents
Licenses, Permits C+2 GC34090 Forms, related documentation re: licenses and
permits required by federal and state agencies
Maintenance and Operations L+2 GC34090 Related to requests for service and work
orders for fuel, vehicle and equipment
maintenance and repairs
Vehicle Assignment C+2 GC34090 Log books, request forms, lists
Page 27
RECORDS RETENTION SCHEDULE
PUBLIC WORKS
Public Works
Records Series Title Retention Citation Remarks
WQCP
Facilities P GC34090 If city owned
Underground utilities P GC34090
GC4003,
GC4004;
H&S 19850
Billing/Customer Records C+2 GC34090 Billings, correspondence, complaints
Connection Records P GC34090 Maps, water line connections
Inventory, Equipment C+2 GC34090
Location records P GC34090 Mains, valves, hydrants, wells
Maintenance and Operations: C+3 GC34090 Includes work orders, inspection, repairs,
cleaning, reports, complaints
Service C+3 GC34090 Includes work orders, entry cards, manholes,
service to property owners
Well & Pumping C+2 GC34090 Times operational, power used and quantity
Maps P GC34090 Line location; easements
Master Plans C+2 GC34090 Copies
Meter Operations C+3 GC34090 Reader reports, orders, tests Maintenance
Reports plus meter ID, all is kept in financial
system
Permits See desc. May depend on terms of state or federal agency
Rates S+2 GC34090
Reclamation C+5 40CFR122.41 Daily operations including sewage flow, grit
removal, chlodne usage, lab analysis results,
etc.
Reports:
Conservation C+2 GC34090
Consumption C+2 GC34090
Corrosion Control C+12 40 CFR 141.91 Compliance documentation
Discharge Monitoring C+5 40 CFR 122.41 Average amount of pollution discharged into
waters of municipality
Drinking Water C+10 40 CFR 141.33
Corrections
Hydrograph P GC34090 Daily flow of streams
Lead Service Line C+12 40 CFR 141.91 Compliance documentation
Public Education C+12 40 CFR 141.91 Compliance documentation
Quality Parameters C+12 40 CFR 141.91 Compliance documentation
Sanitary Surveys C+10 40 CFR 141.33 Statistics, reports, correspondence
Source Water C+12 40 CFR 141.91 Compliance documentation, e.g. lead & copper
State Certification C+12 40 CFR 141.91 Compliance documentation
Variances, Water System C+5 40 CFR 141.33
Well Level C+2 GC34090
Page 28
Public Works
(continued) Retention Citation Remarks
Records Series Title ,
Sources, water C+2 GC34090 May include wells, rivers, lakes, districts
Surveyor Field Notes P GC34090 Notes preparatory to maps of water installations
Surveys, Water System Sanitary C+10 40 CFR 141.33 Statistics, reports, correspondence
Tests
Bacteriological Analysis: C+5 40 CFR 141.33 Compliance records include location, date,
method and results; corrections, analysis of
bacterial content
Chemical Analysis C+10 40 CFR 141.33 Compliance records include location, date,
method used and results; corrections, analysis
of chemical content
Quality C+12 40 'CFR Compliance documentation including sampling
141.91 data, analysis, reports, surveys, documents,
evaluation, schedules, valves, etc.
Valve Main Records P GC34090
Violations, Drinking Water C+3 40 CFR 141.33 Retention applies to each violation
Page 29
RECORDS RETENTION SCHEDULE AND INDEX
File series not addressed in the retention schedule should be considered routine in nature and should be
identified as "General Subject" page 3, and retention for those files should be two (2) years unless
specific laws, decisions or opinions would apply to the file series. If a file series is not addressed in the
attached schedule and the department believes other legal requirements apply or it is an essential record
either for legal, historical, fiscal or administrative value, then that series can be added to the retention
schedule. The retention schedule is not a "permanent" document, but flexible in nature to accommodate
legal, administrative, or fiscal policy changes.
RECORDS RETENTION INDEX
RECORD SERIES DEPARTMENT PAGE
9-1-1 Print-Outs Police 24
Abandoned Vehicle Abatements Police 23
Abandoned Vehicles Fire 14
Abandonments/Vacations Parks, Recreation & Maint Services 26
ABC G.A.L.E. Police 22
ABC Files Police 22
Accident Reports - City Assets Administration 5
Accident Reports - Rec Program Patrons Parks, Recreation & Maint Services 26
Accident Reports, Vehicle Parks, Recreation & Maint Services 27
Accounting / Cash Reconciliation Police 24
Accounts Payable Finance 11
Accounts Receivable Finance 11
Address Changes, Direct Deposit, Vacation and Comp Times Sales Finance 12
Address/permit files Community Development 7
Adjustments Finance 12
Adopt-A-Dwelling Police 22
Adopt-A-School Police 22
Affidavit of Costs Police 24
Agenda Staff Reports (Master, Subject Files) Administration 4
Agendas Administration 4
Air Quality (AQMD) Community Development 8
Annexation Case Files Community Development 10
Annual Financial Reports Finance 11
ApparatusJehicle Fire 13
Appeals, Civil Administration 4
Applications For Board & Commissions Administration 4
Applications For Loans - Rejected Community Development 9
Applications, Absentee Ballots and Envelopes Administration 2
Appraisal Reports Community Development 9
Arson, Sex, and Narcotics Registrant Files Police 21
Articles of Incorporation Administration 4
Asbestos Community Development 8
Assessment Districts Administration 5
Assessment Districts Finance 11
Assessment Rolls Administration 5
Assessor Parcel Information Community Development 10
Asset Forfeiture Police 23
Auction Records Police 24
Audit Finance 11
Background Investigations Fire 13
Bacteriological Analysis (WQCP) Public Works 29
Bail Receipts Police 24
Ballots Administration 2
Page i
RECORD SERIES DEPARTMENT PAGE
Ballots - Prop 218 (Assessment Districts) Administration 2
Bank reconciliations Finance 11
Benchmark Data Community Development 6
Benefit Plan Claims Human Resources 15
Benefit Plan Enrollment, Denied Human Resources 15
Bi-Annual CJIS Certification Police 19
Bids & Proposal Community Development 6
Bids, RFQ's, RFP's Administration 3
Bike Registration Files Police 24
Billing/Customer Records (WQCP) Public Works 28
Billings (Medical/Dental) Human Resources 15
Biographies Administration 3
Blueprints of City Owned Property/Buildings Community Development 7
Bonds Finance 12
Bonds (CDBG) Community Development 9
Bonds (Development) Community Development 6
Bonds, Insurance Administration 5
Booking Fees Paid to County Police 23
Books, Fire Code Fire 13
Books, Technical Administration 3
Briefing Board Info Police 24
Brochures, Publications, Newsletters, Bulletins, Schedules Administration 5
Budget Adjustments Finance 11
Budget, operating and capital, adopted Finance 11
Budgets, Operating Administration 3
Business Licenses Finance 11
Business Licenses - PD Approval Police 24
C.A.R.E. (Citizen Assisted Radar Enforcement) Police 23
Cai OSHA Human Resources 15
Calendar (Elections) Administration 2
Calendar, City Administration 5
Califomia Environmental Quality Act (CEQA) Community Development 8
Candidate Statements Administration 2
Capital Improvement/Financing Authority Administration Finance 12
Capital Improvement Project Plans Community Development 7
Capital Improvement Projects Community Development 7
Capital Improvements, Construction-Municipal Facilities Community Development 7
Case Assignment Log Police 23
Case Files Fire 13
Case Files, Planning & Zoning Community Development 10
Case Log Administration 4
Case Records - (High Profile) Administration 4
Case Records (Routine and Completed) Administration 4
Certificates of Election Administration 2
Certificates of Occupancy Community Development 7
Checks Finance 11
Citations Police 20
Citizen Questionnaire / Survey Response Police 24
Citizens' Academy Police 22
City Co-Sponsored Groups Parks, Recreation & Maint Services 26
Civil Subpoena Witness Fees Police 24
Claims, Damage Administration 5
Class Rosters Parks, Recreation & Maint Services 26
Classifications and Appointments Human Resources 15
Client Alert/Legislative Updates Police 24
Closures Parks, Recreation & Maint Services 26
Code Books Community Development 6
Page ii
RECORD SERIES DEPARTMENT PAGE
Code Enforcement Community Development 13
Code Enforcement Log Police 24
Colma PD Contracts Police 24
Commendation Committee Police 22
Committees Community Development 6
Common Greens Parks, Recreation & Maint Services 26
Community Development Block Grant and Urban Development Community Development 9
Community Garden License Agreements Parks, Recreation & Maint Services 26
Comp Time/Shift Swap Request Forms Police 19
Concealed Weapon Permit Police 24
Congestion Management Community Development 8
Connection Records (WQCP) Public Works 28
Construction Drawings, Specifications Never Issued Community Development 7
Construction Tracking Daily Community Development 7
Contractual Agreements Administration 4
Contractual Agreements (copies) Administration 3
Controlled Substance Fire 13
Copies or Duplicates Administration 3
COPPS Police 22
Correspondence Administration 3
Correspondence/Reports Administration 3
Council Packets Administration 5
Court Liaison's Filing Log Police 23
Courtesy Notice Of Violation Police 24
CPS &Califomia Law Enforcement Teletype System (CLETS) Police 24
Crime, Accident, Incident, Arrest Reports, Cites, & Warrants Police 20
Crossing Guards Police 19
D.A.R.E. Police 22
Daily Cash Audit Sheets Police 24
Daily Roster Police 19
Damaged Vehicle Log Police 24
Dance Hall Secudty Payments Police 24
Day In The Park Parks, Recreation & Maint Services 26
Deeds Administration 5
Deferred Compensation Reports Finance 12
Deposits, Receipts Finance 11
Dept. Procedures / General orders Police 19
Dept. Rules & Regulations Police 19
Destruction Of Firearms / Narcotics File Police 24
Developer Deposits/History Finance 11
Development Agreements Community Development 10
Development Conditions Community Development 10
Development Permits Community Development 10
Development Standards Community Development 10
Directed Patrol Logs Police 22
Dispatch Incident/Status Cards Police 23
Domestic Violence Tracking Police 22
Downtown Offenders Police 22
Downtown Project Police 22
Drawings, Project Plan Community Development 6
Drawings, Traffic Control Plan Community Development 7
DUI Cost Recovery Police 24
Easements, Dedications, Rights-Of-Way Parks, Recreation & Maint Services 26
Elections Administration 2
E-mail Information Technology 17
Employee Accident Reports Human Resources 15
Employee Handbook (Currently Non-Existent) Human Resources 15
Page iii
RECORD SERIES DEPARTMENT PAGE
Employee Lists Police 19
Employee Programs Human Resources 15
Employee Rights Human Resources 15
Employee Time Cards Finance 12
Employee Time Sheets Administration 3
Employees First Time Homebuyers Loan Program Community Development 9
Engineering Community Development 7
Environmental Determinations/Reports or Neg Decs For Outside City Community Development 10
Boundades
Environmental Review Community Development 8
Equipment Police 23
Equipment Files Administration 3
Evidence Tapes Police 21
Explorer Program Police 22
Exposure Fire 13
Facilities (WQCP) Public Works 28
Facility Rentals/Use Parks, Recreation & Maint Services 26
Fair Political Practices Administration 2
Field Books Parks, Recreation & Maint Services 26
Field Interview Records Police 21
Field, Non-Fire and Logs Fire 13
Financial Records Community Development 9
Financial Records (CIFA) Finance 12
Fingerprinting Transmittals To The DOJ Police 24
Fingerprints Police 21
Fire Equipment/Gear Logs Fire 13
Fire, Non-Arson and Logs Fire 13
Firearms Dealers Police 25
Firearms Inventory Police 23
First Chance Program Police 22
Fixed Assets Finance 11
Flood Control Community Development 7
Flood Records Community Development 7
Forms Administration 3
Forms/Handouts Fire 13
FPPC Blank Forms, Manuals Administration 2
Franchises Community Development 6
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RECORD SERIES DEPARTMENT PAGE
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Page v
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Page x
StaffReport
AGENDA ITEM #6
DATE:
TO:
FROM:
SUBJECT:
February 23, 2005
Honorable Mayor and City Council
Marty Van Duyn, Assistant City Manager
BRITANNIA EAST GRAND MASTER PLAN DEVELOPMENT
AGREEMENT: 1) ANNUAL REVIEW OF DEVELOPMENT AGREEMENT
AND 2) PROPOSED MODIFICATIONS TO DEVELOPMENT
AGREEMENT
Case Nos.
Applicant:
DA-01-006 Mod 1
Slough Estates
RECOMMENDATION
It is recommended that the City Council waive reading and introduce the attached Ordinance
modifying Development Agreement DA-01-006.
BACKGROUND
In April 2002 the City Council approved the Britannia East Grand Project, a 27-acre, 8-building
office/R&D campus at the easterly terminus of East Grand Avenue (former Fuller O'Brien site). As part
of that approval, the City and Developer entered into a Development Agreement (DA) to clarify and
obligate several project features and mitigation measures, including a child care facility, public an,
landscape improvements, Swift Avenue pump station and sewer main improvements, TDM reporting
and monitoring requirements, and specific mitigation fees for traffic impacts at the US 101/South
Airport Blvd. ramps and for East of 101 sewer facility impacts. The DA identifies specific obligations
and deadlines for performance of these mitigation measures. Due to the significant downturn in the
economy subsequent to the project approval, the project construction schedule has been delayed and,
consequently, the applicant has requested modifications to the DA to reflect the delay.
StaffReport
Subject:
Page 2
Britannia East Grand DA Mod.
DISCUSSION
Term of Development Agreement - The duration of the Development Agreement is ten years from
the effective date (June 7, 2002).
The proposed modification wouM extend the agreement by four years to June 7, 2016.
Child Care Facility - The Development Agreement currently requires that the developer obtain,
w/thin 18 months of execution of the Agreement, a determination from the appropriate
environmental agencies as to whether a child care facility can be built on the site. It further provides
that if the facility can be built on site, construction must commence early enough to ensure
completion by December 31, 2007. If either the environmental clearances cannot be obtained within
18 months, or completion of the facility by December 31, 2007 cannot be guaranteed, the
Agreement includes provisions to require the applicant to construct the child care facility at an off-
site location acceptable to the City by no later than December 31, 2007, or to pay an equivalent sum
to the City to allow it to acquire a site and construct the facility w/thin the same timeframe.
The proposed modifications wouM essentially extend the terms by 3 years, to a completion date of
December 31, 2010.
Public Art - The Agreement sets out minimum requirements for the value of public art on the site as
well as deadlines for installation. A minimum of 50% of the artwork is required to be installed by
June 2005 and the balance by June 2007.
The applicant has noted concern over the difficulty of protecting artwork while significant
construction is occurring on site. Consequently, the proposed amendment would extend the
deadline for artwork installation to reflect the development schedule. All artwork must be installed
prior to the owner receiving a Certificate of Occupancy for the 7th building, but no later than
December 31, 2012.
Landscape Improvements - The Development Agreement obligates the developer, prior to issuance
of a grading permit, to submit a plan outlining landscaping and common improvements for each
phase of the project. A Letter of Credit (LOC) is required to assure completion of these
improvements within the 1 O-year term of the Development Agreement.
The development plan was submitted in accordance with the provisions of the Development
Agreement. The amendment delays the required submittal deadline of the LOC to prior to the
owner receiving a Certificate of Occupancy for the 5th building or by January 1, 2009. It also
provides that the City Manager may extend this deadline if the owner is diligently pursuing
construction of the project.
Staff Report
Subject:
Page 3
Britannia East Grand DA Mod.
US 101/South Airport Off-Ramp Improvement - The Development Agreement obligates the
applicant to pay a fair share for this improvement.
The amendment proposes a slightly increased fee to cover the increased cost of the improvement.
The fee would increase from a current cap of $I.91/sf to $2.07/sf.
Swirl Avenue Sewer Main and Pump Station No. 3 Upgrades - The Agreement requires Slough to
complete construction of these improvements by October 31, 2003 or prior to receiving a Certificate
of Occupancy for the 4th building in the project.
The proposed modification shifts the construction responsibility to the City, with the applicant
paying all costs of the estimated $2.8 million improvement.
Zoning/General Plan Consistency
The proposed amendment to the Development Agreement complies with all applicable zoning,
subdivision, and building regulations and with the objectives, policies, land uses and programs specified
in the General Plan. The Amendment does not change any of the prior land use determinations for the
project, it adjusts the timelines for construction, provides in lieu fees for traffic, child care and public art,
incorporates the City's desire to construct the public sewer and pump station improvements with the cost
paid by the developer, and extends the term of the Agreement.
Environmental Determination
The proposed project, including the provisions of the Development Agreement, was thoroughly analyzed
in the EIR prepared for the project (EIR-01-006) and certified by the City Council in April 2002. In
accordance with California Environmental Quality Act Guidelines Section 15162, a new EIR or
Negative Declaration is not required for the proposed modifications to the Development Agreement
since no changes are proposed that would likely result in additional environmental impacts or alteration
of previously adopted mitigation measures.
Project Update
In accordance with SSFMC Section 19.60.185, Development Agreements are subject to periodic
reviews. The applicant has prepared a summary, attached, which details the level of activity to date to
comply with the requirements of the Development Agreement. Additionally, the summary provides a
project status. As indicated in the summary, Phase I construction, including Parking Structure A and
three R&D buildings on the northerly half of the site, is presently underway and due for completion on a
staggered basis from approximately February through November 2006. Phase II construction (the
remaining portions of the site) consists of parking structure B and four additional R&D buildings,
scheduled for completion throughout 2008.
Staff Report
Subject:
Page 4
Britannia East Grand DA Mod.
Planning Commission Action
The Planning Commission reviewed the proposed modifications to the Development Agreement at its
February 3, 2005 meeting and noted no concerns. The Commission unanimously adopted the attached
resolution recommending the City Council amend the Development Agreement as proposed.
CONCLUSION
The proposed amendment to the Development Agreement is consistent with the City's General Plan and
Zoning Ordinance, and requires no additional environmental analysis in accordance with the provisions
of CEQA. With the exception of the transfer of construction responsibility for the Swift Avenue Sewer
Main and Pump station improvements, the requested modifications to the Development Agreement
involve time extensions that are needed to reflect the delayed development schedule due to the general
economic slowdown over the past three years. Consequently, as indicated in the Planning Commission
Resolution, it is recommended that the City Council introduce the attached ordinance to amend the
Development Agreement.
By:
~/af-ry 1(/i. Nagel~
City Manager
Attachment:
Draft Ordinance
Planning Commission Reso. No. 2638-2005
Project and DA Summary- February 2005
ORDINANCE NO. - 2005
AN ORDINANCE ADOPTING AN AMENDMENT TO THE DEVELOPMENT
AGREEMENT FOR THE BRITANNIA EAST GRAND PROJECT LOCATED IN THE
CITY OF SOUTH SAN FRANCISCO
WHEREAS, in April 2002, the City Council approved a Development Agreement with
Slough Estates for the development of a campus style biotechnology project located at
the easterly terminus of East Grand Avenue; and,
WHEREAS, in accordance with the California Environmental Quality Act, an
Environmental Impact Report ("EIR') and Statement of Overriding Considerations was
certified and adopted on April 24, 2002; and,
WHEREAS, changes in the economy have necessitated a change in the buildout timeline
for the Project; and,
WHEREAS, the Development Agreement incorporated the original building projections
and required the project developer to construct a new sewer main and make
improvements to a pump station; and,
WHEREAS, the City and developer have consulted and agreed that in order to ensure the
sewer main and pump station improvements are constructed in accordance with state laws
governing public works, and to incorporate the improvements into the City's ongoing
construction of sanitary sewer and storm drain improvements in the East of 101 area, the
City will construct the improvements and developer will pay for said construction; and,
WHEREAS, the 2002 Development Agreement is proposed to be amended to incorporate
the new timelines for buildout and the City's construction of the improvements; and,
WHEREAS, pursuant to Municipal Code section 19.60.050, the Director of Economic
and Community Development has reviewed the Amendment and found it to be in the
proper form and thereafter referred the Amendment to the Planning Commission for a
public heating; and,
WHEREAS, no changes are proposed to the project that result in significant new
environmental impacts or substantially change the prior approved mitigation measures
nor has any information been received or discovered by the City that would alter the prior
findings for the EIR; and,
WHEREAS, pursuant to California Environmental Quality Act Guidelines Section
15162, a new EIR or Negative Declaration is not required when no changes have been
proposed to the project that would likely result in additional environmental impacts or
alteration of previously adopted mitigation measures;
~/WrlEREAS, on February 3, 2005, at a duly noticed public hearing of the City of South
San Francisco Planning Commission, the Commission heard testimony and received
evidence regarding the proposed amendments to the Development Agreement and
thereafter, on a 7 to ~ vote, recommended that the City Council adopt the
proposed amendments; and,
WHEREAS, on February 23, 2005, pursuant to Municipal Code section 19.060.110 the
City Council conducted a property noticed pubhc hearing on the proposed Amendment to
the Development Agreement for the project.
NOW THEREFORE, the City Council of the City of South San Francisco does
hereby ordain as follows:
Section 1. Findings
A. The proposed Amendment to the Development Agreement for the Britannia East
Grand Project is consistent with the objectives, pohcies, general land uses and programs
specified in the General Plan, as amended and adopted. This finding is based upon all
evidence in the record as a whole, including, but not limited to: the City Council's
independent review of the General Plan and the prior findings adopted in support of the
Planned Unit Development permit. The Project provides high value jobs for persons in
the bio-technology fields and the campus style development that includes recreation
oppommities, child care and pubhc transportation options is consistent with the General
Plan policies identified in the findings that support approval of the Planned Unit
Development Permit. The Amendment does not change any of the prior land use
determinations for the project. Rather, the Amendment 1) adjusts the timelines for
construction ofpubhc improvements, including provisions for inflationary adjustments to
costs; 2) provides in lieu fees for traffic, child care and public art; 3) incorporates the
City's desire to construct the public improvements with the cost paid by the developer;
and 4) extends the term of the Agreement.
B. The proposed Amendment to the Development Agreement for the Britannia East
Grand Project complies with all applicable zoning, subdivision, and building regulations
and with the General Plan. The City Council independently reviewed the proposed
Amendment to the Development Agreement for the Britannia East Grand Project, the
General Plan, Chapters 20.78 and 20.84 of the Zoning Ordinance as amended, Chapter
19.60 of the South San Francisco Municipal Code, Title 15 of the Municipal Code, and
applicable state and federal law. This finding is based upon all evidence in the record as a
whole, including, but not limited to: the City Council's independent review of these
documents and advice in the record fi:om City staff, including staff reports, testimony and
resolutions.
C. The proposed Amendment to the Development Agreement for the Project states
its specific duration. This finding is based upon all evidence in the record as a whole,
including, but not limited to: the City Council's independent review of the proposed
Amendment to the Development Agreement for the Britannia East Grand Project and its
determination that Section 1 of the Amendment states that the Agreement will now expire
14 years fi:om the original effective date of the Agreement but no later than May 1, 2019.
D. The proposed Amendment to the Development Agreement for the Britannia East
Grand Project does not alter the permitted uses of the property subject over those
approved by the City Council on April 24, 2002. This finding is based upon all evidence
in the record as a whole, including, but not limited to: the City Council's independent
review of the proposed Amendment to the Development Agreement for the Britannia
East Grand Project and its determination that Section 3 of the Agreement, which sets
forth the documents stating the permitted uses, is unchanged by this Amendment.
E. The proposed Amendment to the Development Agreement for the Britannia East
Grand Project does not change the permitted density and intensity of use of the property
subject thereto as previously approved by the City Council on April 24, 2002. This
finding is based upon all evidence in the record as a whole, including, but not limited to:
the City Council% independent review of the proposed Amendment to the Development
Agreement for the Britannia East Grand Project.
F. The proposed Amendment to the Development Agreement does not alter the
maximum permitted height and size of proposed buildings on the property subject thereto
previously approved by the City Council on April 24, 2002. This finding is based upon
all evidence in the record as a whole, including, but not limited to: the City Council's
independent review of the proposed Amendment to the Development Agreement for the
Britannia East Grand Project and its determination that Section 3 of the Agreement
setting forth the documents which state the maximum permitted height and size of
buildings remains as originally approved in 2002.
G. The proposed Amendment to the Development Agreement for the Britannia East
Grand Project does not propose any dedication of land for public purposes from the
property subject thereto. This finding is based upon all evidence in the record as a whole,
including, but not limited to: the City Council's independent review of the proposed
Amendment to the Development Agreement for the Britannia East Grand Project.
Section 2.
The City Council of the City of South San Francisco hereby adopts this ordinance
approving an Amendment to the Development Agreement between the City of South San
Francisco and Slough SSF, LLC for the Britannia East Grand Project. The approved
Amendment to the Development Agreement is attached hereto as Exhibit A and
incorporated herein by reference.
Section 3. Severability.
In the event any section or portion of this ordinance shall be determined invalid or
unconstitutional, such section or portion shall be deemed severable and all other sections
or portions hereof shall remain in full force and effect.
Section 4. Publication and Effective Date.
Pursuant to the provisions of Government Code Section 36933, a summary of this
Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the
Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall
(1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this
Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk
shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of
the full text of this Ordinance along with the names of those City Council members
voting for and against this Ordinance or otherwise voting. This ordinance shall become
effective thirty days fi:om and after its adoption.
Introduced at a regular meeting of the City Council of the City of South San Francisco,
held the day of ,2005.
Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City
Council held the ~ day of ,2005 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this __ day of__ Of ., 2005.
Mayor
FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE
BRITANNIA EAST GRAND PROJECT
This FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE
BRITANNIA EAST GRAND PROJECT ("PROJECT") is dated ,2005
("Agreement"), between SLOUGH SSF, LLC, a Delaware limited liability company ("Owner"),
and the CITY OF SOUTH SAN FRANCISCO, a municipal corporation organized and existing
under the laws of the State of California ("City"). Owner and City are collectively referred to
herein as "Parties."
RECITALS
A. WHEREAS, California Government Code Sections 65864 through 65869.5 authorize the
City to enter into binding development agreements with persons having legal or equitable
interests in real property for the development of such property or on behalf of those persons
having same; and,
B. WHEREAS, Slough SSF, LLC, the Owner, has a legal interest in the real property
subject to this Amendment (the "Property"), located at the Eastern terminus of East Grand
Avenue and more particularly described in the existing Development Agreement referred to in
Recital D below; and,
C. WHEREAS, pursuant to Government Code Section 65865, the City has adopted rules
and regulations, embodied in Chapter 19.60 of the South San Francisco Municipal Code,
establishing procedures and requirements for adoption and execution of development
agreements; and,
D. WHEREAS, the Parties previously entered into a Development Agreement, adopted and
approved in accordance with Government Code Section 65864 et seq., dated June 8, 2002 (the
"Agreement"), for development of the Britannia East Grand Project, consisting of the phased
development of nine office/Research and Development buildings with an aggregate square
footage of approximately 783,533 square feet, an approximately 8,000 square foot childcare
facility, an approximately 5,000 square foot fitness center, approximately 8,000 square feet of
restaurant/retail space and two (2) five-to-seven level parking structures, to be located on the
Property (the "Project"); and,
E. WHEREAS, Owner has requested that the City enter into this Amendment to reflect
changes in project phasing and implementation of mitigation measures required by the duly
certified Environmental Impact Report; and,
G. WHEREAS, all proceedings necessary for the valid adoption and execution hereof have
taken place in accordance with Government Code Sections 65864 through 65869.5, the
Page 1 of 6
First Amendment to Britannia East Grand Development Agreement
February 23, 2005
733844 1
California Environmental Quality Act and with Chapter 19.60 of the South San Francisco
Municipal Code; and,
H. WHEREAS, the City Council and the Planning Commission have found that this
Amendment is consistent with the objectives, policies, general land uses and programs specified
in the South San Francisco General Plan as adopted on October 13, 1999 and as amended fi.om
time to time; and,
I. WHEREAS, on ,2005, the City Council adopted Ordinance No.
approving and adopting this Amendment and the Ordinance thereafter took effect on
2005.
NOW, THEREFORE, the Parties, pursuant to the authority contained in Government
Code Sections 65864 through 65869.5 and Chapter 19.60 of the South San Francisco Municipal
Code and in consideration of the mutual covenants and agreements contained herein, agree as
follows:
1. Duration
The Agreement shall expire fourteen (14) years fi.om the Effective Date of the Agreement
(which was June 8, 2002), but in no event later than May 1, 2019. In the event that
litigation to which the City is a party against the Owner or any of its officers, agents,
employees, contractors, representatives or consultants should delay implementation or
construction of the Project on the Property, the expiration date of this Agreement shall be
extended for a per/od equal to the length of time fi.om the time the summons and
complaint is served on the defendant(s) until the judgment entered by the court is final
and not subject to appeal; provided, however, that the total amount of time for which the
expiration date shall be extended as a result of such litigation shall not exceed three (3)
years. The corresponding provisions of Section 2 of the Agreement are amended and
superseded by, and to the extent of, the foregoing.
2. Permits For Proiect.
In connection with the Development Plan submitted pursuant to the terms of the
Agreement, Owner shall provide to the City an Irrevocable Letter of Credit in the form
previously approved and incorporated as Exhibit D to the Agreement, in an amount equal
to One Hundred and Twenty Five Percent (125%) of the estimated reasonable costs to
construct the common improvements identified in the approved plan. Said Letter of
Credit shall be submitted prior to receiving a Certificate of Occupancy for the 5th building
or by January 1, 2009, whichever occurs first. The City may draw under the Letter of
Credit as provided below to complete the landscaping and common improvements and to
reimburse the City for costs related thereto. The Letter of Credit shall be reduced as the
landscaping and common improvements are completed by Owner and accepted by City in
Page 2 of 6
First Amendment to Britannia East Grand Development Agreement
February 22, 2005
733844 1
an amount equal to the completed improvements and landscaping's proportionate share
of the original 125% Letter of Credit. City, by and through its City Manager, in its sole
discretion, may extend fi.om time to time the date by which the Letter of Credit is to be
provided, provided Owner is diligently pursuing construction of the Project. Such an
extension shall not require an amendment to the Agreement.
If Owner fails to complete the landscaping and common improvements in accordance
with this Amendment and/or Section 5(e) of the Agreement, City shall be entitled to
withdraw funds from the Letter of Credit and complete said improvements. City shall
also be entitled to draw funds under the Letter of Credit in the event Owner obtains a
grading permit for any phase of the Project and 1) Owner fails to request a building
permit or Certificate of Occupancy for any building within that phase by December 31,
2011 or 2) Owner fails to complete the landscaping and common improvements by
December 31,2011.
The corresponding provisions of Section 5 of the Agreement are amended and superseded
by, and to the extent of, the foregoing.
Fees.
The Sewer Facility Fee paid pursuant to the terms of the Agreement shall be in addition
to Owner's obligation to cooperate in City's construction, in accordance with the terms
of this Amendment and of Exhibit C-1 attached hereto, of a new Swift Sewer Main
between the boundary of the Project site and the City's pump station at the intersection
of Swirl Avenue and Kimball Way as required in the Final Environmental Impact
Report and the necessary improvements to Pump Station No. 3. The new Swift Sewer
Main and all other works of public improvements and/or utilities shall be completed in
accordance with plans designed to City standards and approved by the City Engineer
prior to construction.
(1) Owner shall submit a Letter of Credit in the amount of Two Million Eight
Hundred Thousand and No/100 Dollars ($2,800,000.00), corresponding to
Owner's maximum obligation under Exhibit C-1 in connection with the
construction of the improvements, prior to the date on which City solicits bids for
the construction of the improvements. The Letter of Credit shall be in a form
approved by the City Attorney and contain no limitations on the City's ability to
withdraw funds for the purposes of constructing the Swift Sewer Main and
constructing the improvements required for Station No. 3, including all costs
related thereto. Owner shall submit the above Letter of Credit based on the lesser
of City's estimated reasonable costs to construct the improvements, presently
estimated at Two Million Eight Hundred Thousand Dollars, or Owner's
maximum obligation for costs of the improvements pursuant to Exhibit C-1.
(2) Construction of the new Swift Sewer Main and Station No. 3 upgrades,
and acceptance by the City of the aforementioned public improvements, shall
Page 3 of 6
First Amendment to Britannia East Grand Development Agreement
February 23, 2005
733844 1
o
occur at the earlier of October 31, 2006, or prior to Owner receiving a Certificate
of Occupancy for the fourth building in the Project, due to the fact the existing
sewer infi.astmcture cannot accommodate Project build-out beyond the third
occupied building. City shall be entitled to complete the improvements using the
funds secured by the Letter of Credit based on the approved plans. The Letter of
Credit shall be released in its entirety upon City's approval and acceptance of the
completed improvements.
(3) If projects are developed in the East of 101 area that will receive a benefit
fi.om construction of the new Swift Sewer Main and the improved Station No. 3,
Owner shall be entitled to reimbursement fi.om said project owners based on the
benefits received by the new project, as reasonably calculated and determined by
the City Engineer based on actual and/or reasonably estimated sewer flows within
the main and fi.om the Owner's monetary contribution towards the design,
construction and permits for the new Swift sewer main and Station No. 3
upgrades. The City shall furnish a copy of the City Engineer's draft
determinations under the preceding sentence to Owner for review and comment
prior to finalizing such determinations. The terms of reimbursement shall be set
forth in an agreement between the project owners and Owner ("Reimbursement
Agreement") in a form approved by the City Engineer. City shall ensure that any
future projects that benefit fi'om the new Swift Sewer Main and/or the Station No.
3 upgrades contain a Condition of Approval that requires the applicant to enter
into said Reimbursement Agreement with Owner.
The corresponding provisions of Section 10Co)(3) through 10(b)(6) of the Agreement are
amended and superseded by, and to the extent of, the foregoing.
Child Care.
As part of the Project, Owner proposes to construct a childcare facility of approximately
8,000 square feet. If Owner fails to construct the childcare facility according to the terms
set forth in Exhibit C-1 to this Amendment, Owner shall be liable for payment ora fee in
the amount of the City's cost to construct a like facility in accordance with Exhibit C-1.
The provisions of Section 10(c) of the Agreement are amended and superseded by the
foregoing.
Northbound On-Ramp Mitigation Fee.
The Environmental Impact Report for the Project identified a significant impact relating
to the northbound on-ramps to U.S. 101 at South Airport Boulevard. To mitigate this
impact to a level of less than significant, Owner shall pay a fee to mitigate the impacts to
the northbound on-ramps to U.S. 101 at South Airport Boulevard in accordance with the
applicable provisions of Exhibit C- 1 to this Amendment. The provisions of Section 10(d)
of the Agreement are amended and superseded by the foregoing.
Page 4 of 6
First Amendment to Britannia East Grand Development Agreement
February 23, 2005
733844 1
6. Exhibits
Exhibit C to the Agreement is amended and superseded by the following exhibit attached
to this Amendment:
Notices
Exhibit C-1 - Obligations of Owner and City
All notices required or provided for under the Agreement shall be in writing and
delivered in person (to include delivery by courier) or sent by certified mail, postage
prepaid, return receipt requested or by overnight delivery service. Notices to the City
shall be addressed as follow:
City Clerk
P.O. Box 711,400 Grand Avenue
South San Francisco, CA 94083
Notices to Owner shall be addressed as follows:
Slough SSF, LLC
c/o Slough Estates USA Inc.
444 North Michigan Avenue, Suite 3230
Chicago, IL 60611
Attention: Jonathan Bergschneider
with a copy to:
Slough SSF, LLC
c/o Slough Estates USA Inc.
400 Oyster Point Boulevard, Suite 409
South San Francisco, CA 94080
Attention: Jonathan Bergschneider
A party may change its address for notice by giving notice in writing to the other party
and thereafter notices shall be addressed and transmitted to the new address.
The provisions of Section 36 of the Agreement are amended and superseded by the
foregoing.
8. Integration.
All other terms and conditions of the Agreement, dated June 8, 2002, not expressly
modified by this Amendment remain in full force and effect.
Page 5 of 6
First Amendment to Britannia East Grand Development Agreement
February 23, 2005
733844 1
IN WITNESS WHEREOF this Amendment has been executed by the parties on the day and
year first above written.
CITY OF SOUTH SAN FRANCISCO
ATTEST:
By:
Barry M. Nagel, City Manager
City Clerk
APPROVED AS TO FORM
Steven T. Mattas, City Attomey
OWNER
Slough SSF, LLC, a Delaware limited
liability company
By:
Slough Estates USA Inc., a Delaware
corporation, Its Managing Member
By:
Name: Jonathan M. Bergschneider
Title: Vice President
APPROVED AS TO FORM:
Donald E. Kelley, Jr.
Folger Levin & Kahn LLP
Counsel for Owner
Page 6 of 6
First Amendment to Britannia East Grand Development Agreement
February 23, 2005
733844 1
RESOLUTION NO.2638-2005
PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SOUTH SAN
FRANCISCO RECOMMENDING THAT Tlt'E CITY COUNCIL ADOPT AN
ORDINANCE AM]gNDING TFI'E DEVELOPMENT AGREEMENT FOR TH'F,
BRITANNIA EAST GRAND PROJECT
WHEREAS, changes in the economy have necessitated a change in the buildout timeline
for the Britannia East Grand Project originally approved April 24, 2002; and,
WHEREAS, the Development Agreement incorporated the original building projections
and required the project developer to construct a new sewer main and make improvements to a
pump station; and,
WHEREAS, the City and developer have consulted and agreed that in order to ensure the
sewer main and pump station improvements are constructed in accordance with state laws
governing public works, and to incorporate the improvements into the City's ongoing
construction of sanitary sewer and storm drain improvements in the East of 101 area, the City
will construct the improvements and developer will pay for said construction; and,
WHEREAS, the 2002 Development Agreement is proposed to be amended to incorporate
the new timelines for buildout and the City's construction of the improvements; and,
WHEREAS, pursuant to Municipal Code section 19.60.050, the Director of Economic
and Community Development has reviewed the Amendment and found it to be in the proper
form and thereafter referred the Amendment to the Planning Commission for a public hearing;
and,
WHEREAS, no changes are proposed to the project that result in significant new
environmental impacts or substantially change the prior approved mitigation measures nor has
any information been received or discovered by the City that would alter the prior findings for the
EIR; and,
WHEREAS, pursuant to California Environmental Quality Act Guidelines Section
15162, a new EIR or Negative Declaration is not required when no changes have been proposed
to the project that would likely result in additional environmental impacts or alteration of
previously adopted mitigation measures; and,
WHEREAS, as required by South San Francisco Municipal Code Chapter 19, makes the
following findings in support of the request to amend the Development Agreement for the
Britannia East Grand Project, a development consisting of 758,533 square foot office/R&D
campus with ancillary childcare center, fitness center and retaiYrestaurant space on a 26.9 acre
site located at the easterly terminus of East Grand Avenue. These findings are based on public
testimony and the materials submitted to the City of South San Francisco Planning Commission
at the February 3, 2005 Planning Commission meeting:
NOW THEREFORE, THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
The proposed Amendment to the Development Agreement for the Britannia East
Grand Project is consistent with the objectives, policies, general land uses and
programs specified in the General Plan, as amended and adopted. This finding is
based upon all evidence in the record as a whole, including, but not limited to: the
Planning Commission's independent review of the General Plan and the prior
findings adopted in support of the Planned Unit Development permit. The Project
provides high value jobs for persons in the bio-technology fields and the campus
style development that includes recreation oppommifies, child care and public
transportation options is consistent w/th the General Plan policies identified in the
findings that support approval of the Planned Unit Development Permit. The
Amendment does not change any of the prior land use determinations for the project.
Rather, the Amendment 1) adjusts the timelines for construction of public
improvements, including provisions for inflationary adjustments to costs; 2) provides
in lieu fees for traffic, child care and public art; 3) incorporates the City's desire to
construct the public improvements with the cost paid by the developer; and 4)
extends the term of the Agreement.
The proposed Amendment to' the Development Agreement for the Britannia East
Grand Project complies with all applicable zoning, subdivision, and building
regulations and with the General Plan. The Planning Commission independently
reviewed the proposed Amendment to the Development Agreement for the Britamaia
East Grand Project, the General Plan, Chapters 20.78 and 20.84 of the Zoning
Ordinance as amended, Chapter 19.60 of the South San Francisco Municipal Code,
Title 15 of the Municipal Code, and applicable state and federal law. This finding is
based upon all evidence in the record as a whole, including, but not limited to: the
Planning Commission's independent review of these documents and advice in the
record from City staff, including staff reports, testimony and resolutions.
The proposed Amendment to the Development Agreement for the Project states its
specific duration. This finding is based upon all evidence in the record as a whole,
including, but not limited to: the Commission's independent review of the proposed
Amendment to the Development Agreement for the Britannia East Grand Project and
its determination that Section 1 of the Amendment states that the Agreement will
now expire 14 years from the ori~nal effective date of the Agreement but no later
than May 1, 2019.
The proposed Amendment to the Development Agreement for the Britannia East
Grand Project does not alter the permitted uses of the property subject over those
approved by the City Council on April 24, 2002. This finding is based upon all
evidence in the record as a whole, including, but not limited to: the Commission's
independent review of the proposed Amendment to the Development Agreement for
the Britannia East Grand Project and its determination that Section 3 of the
Agreement, which sets forth the documents stating the permitted uses, is unchanged
by this Amendment.
The proposed Amendment to the Development Agreement for the Britannia East
Grand Project does not change the permitted density and intensity ofuseofthe
property subject thereto as previously approved by the City Council on April 24,
2002. This finding is based upon all evidence in the record as a whole, including,
but not limited to: the Commission's independent review of the proposed
Amendment to the Development Agreement for the Britannia East Grand Project.
The proposed Amendment to the Development Agreement does not alter the
maximum permitted height and size of proposed buildings on the property subject
thereto previously approved by the City Council on April 24, 2002. This finding is
based upon all evidence in the record as a whole, including, but not limited to: the
Planning Commission's independent review of the proposed Amendment to the
Development Agreement for the Britannia East Grand Project and its determination
that Section 3 of the Agreement setting forth the documents which state the
maximum permitted height and size of buildings remain~ as originally approved in
2002.
The proposed Amendment to the Development Agreement for the Britannia East
Grand Project does not propose any dedication of land for public purposes from the
property subject thereto. This finding is based upon all evidence in the record as a
wliole, including, but not limited to: the Planning Commission's independent review
of the proposed Amendment to the Development Agreement for the Britannia East
Grand Project.
The Amendment to the Development Agreement negotiated pursuant to and in
.accordance with Government Code section 65864 et. seq, sets forth the duration,
property, project criteria and other required information identified in Government
Code section 65865.2. Based on the findings in support of the Development
Agreement approved in 2002 and its review of the proposed amendment thereto, the
Commission finds that the Amendment to the Development Agreement, vesting a
project for a campus style development of nine Research and Development
buildings, is consistent with the General Plan and consistent with the applicable
zoning regulations.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby
recommends that the South San Francisco City Council adopt an ordinance amending the
Development Agreement for the Britannia East Grand project as reflected in Exhibit A.
BE IT FURTHER RESOLVED that the resolution shall become effective immediately
upon its passage and adoption.
I hereby certify that the foregoing resolution was adopted by the Planning Commission of the
City of South San Francisco at the regular meeting held on the 3rd day of February, 2005 by the
following vote:
AYES:
Commissioner Giusti, Commissioner Honan, Commissioner Prouty,
Commissioner Romero, Commissioner Sim, Vice Chairperson Zemke and
Chairperson Tegha
NOES: None
ABSTENTIONS: None
ABSENT: None
Attest: ~
C. Sparks
Secretary to the Planning Commission
Exhibit C-1 to Amendment
(replacing Exhibit C to the Original Development Agreement)
Owner Obligations
Child Care Center. As part of the Project, Owner has agreed to construct an
approximately eight thousand (8,000) square foot child care center ("Center").
The Center is intended to be on-site and to serve the tenants of the Project.
However, due to various environmental issues affecting the site, Owner may
not receive environmental clearance for an on-site center from the California
Department of Toxic Substances Control ("DTSC') and/or from other
governmental authorities having jurisdiction over environmental conditions at
the site. Therefore, the Parties have agreed to the following terms in order to
ensure the child care needs of the City are met.
Owner shall diligently pursue, to the extent necessary to permit
construction of the Center on-site, the removal of the current deed
restriction as imposed by DTSC, the removal of any other restrictions
imposed by any other governmental authorities having jurisdiction over
environmental conditions at the site, and the receipt of any other necessary
waivers, approvals, consents and permits from DTSC and any
governmental authorities having jurisdiction over environmental
conditions at the site (collectively, "Environmental Clearances").
Bo
By December 31, 2006, Owner shall notify the City in writing, with
appropriate supporting documentation, either (i) that the Environmental
Clearances necessary to permit construction of the Center on-site have
been obtained or, in the alteraafive, that the applicable governmental
authorities have agreed in writing to issue the Environmental Clearances,
or (ii) that Owner has been unable to obtain issuance of or commitments to
issue all such necessary Environmental Clearances.
(1)
On-Site Location: I/Owner receives the necessary Environmental
Clearances to construct the Center on-site, Owner shall obtain all
required permits, including building permits and commence
construction of the facihty no later than December 31, 2008, and
Owner shall complete construction and receive a Certificate of
Occupancy for the facihty no later than December 31, 2010.
(2)
Off-Site Location: If Owner is unable to obtain issuance of or
commitments to issue all necessary Environmental Clearances by
December 31, 2006, or obtains such clearance but fails to submit
an apphcafion for a building permit for the Center on or before
December 31, 2008, Owner shall instead:
Exhibit C- ~
Britannia Development Agreement
Ed/red on 1/31/2005 4:05 PM
January 28, 2005
Page ~ of 6
Complete construction of an approximately 8,000 square
foot childcare facility at an off-site location approved by
the City, which approval shall not be unreasonably
withheld or delayed, by no later than December 31, 2010.
Owner shall have acquired a site for the construction of
said facility by June 30, 2009.
In the event Owner must build the facility off-site,
potentially acceptable off-site locations include: (1) the
East of 101 Plan Area, as defined in the General Plan,
adopted October 1999; or (2) in a Regional Transit Facility
located in the City of South San Francisco. Owner shall
pay all costs associated with the acquisition of a site
suitable for the Center, environmental review, permitting
and all other costs and fees, including attorney's fees,
incurred as a result of acquiring the property, if necessary,
through the City's power of eminent domain and all costs
of constructing the facility and required improvements, if
any.
(c).
If Owner is unable to acquire a site that is acceptable to the
City as set forth above by June 30, 2009, that is of
reasonably sufficient size to construct the off-site facility,
Owner shall instead pay a fee equal to the City's estimated
reasonable costs to construct an equivalent facility,
including all costs associated with the acquisition of a site
suitable for the Center, environmental review, permitting
and all other costs and fees, including attorney's fees,
incurred as a result of acquiring the property, if necessary,
through the City's power of eminent domain and building
the Center.
Exhibit C - i
Britannia Development Agreement
Edited on 1/31/2005 4:05 PM
Widening Northbound Off-ramp and On-ramp Approach at South Airport
Mitigation Measure: In addition to the East of 101 Traffic Impact Mitigation Fee
applicable to the Project under the existing provisions governing the fee (currently
$1.51 per gross square foot), Owner shall pay its fair share contribution to the
widening of South Airport Boulevard/U.S. 101 Northbound ramps as required in
the Britannia East Grand Final Environmental Impact Report. The total cost of
said improvement is estimated to be One M/Ilion Three Hundred Eighty Six
Thousand Dollars, including all costs of construction, including but not limited to
design costs, consultant fees, bid preparation and administrative costs. Owner's
contribution shall be paid at the rate not to exceed fifty-six cents ($.56) per gross
square foot upon issuance of each building permit for any structure in the Project,
excluding the parking structures. Thus, Owner shall vax, Two Dollars and Seven
Cents ($2.07) per gross square foot upon issuance of a building permit for any
January 28, 2005
Page 2 of 6
structure in the Project, excluding the parking structures, from and after the
effective date of this Amendment.
A. Payment of East of 101 Traffic Mitigation Fee: Owner acknowledges that
the City is presently considering an amendment to the East of 101 Traffic
Impact Mitigation Fee to address the Grand Avenue/U.S. 101 northbound
ramp and the South Airport BoulevardfU. S. 101 ramp system which were not
identified as required improvements in the original Fee Study adopted by the
South San Francisco City Council on September 26, 2001 (Resolution No. 99-
2001).
(1) I/the South Airport Mitigation Measure is included as a Project in
the East of 101 Fee, and the resultant fee ("Amended Fee") is less than $2.07
per gross square foot, Owner shall be reimbursed based on each building
permit obtained prior to adoption of the Amended Fee in an mount equal to
the difference between the fee paid and the fee that would have been paid
under the Amended Fee. Any such overpayment shall be refunded within
sixty (60) days of Owner's first receiving a building permit based on the
Amended Fee or, if Owner does not receive any such building permit within
sixty (60) days after adoption of the Amended Fee, then the overpayment shall
be refunded within thirty (30) days after Owner's written request for
reimbursement.
(2) Owner shall thereafter pay the East of 101 Traffic Mitigation Fee
as specified in existing and subsequent Resolutions of the City Council upon
issuance of each subsequent building permit for buildings within the Project,
but in no event shall such fee exceed $2.07 per gross square foot.
(3) If City has not adopted an Amended Fee by the expiration date of
the Agreement, Owner shall not be liable for au Amended Fee that exceeds
$2.07 per gross square foot for any building permits obtained during the term
of the Agreement. Likewise, if an Amended Fee is adopted after the
term/nation date of the Agreement and said fee is less than $2.07 per gross
square foot, Owner shall not be entitled to reimbursement for any
overpayment of fee paid during the term of this Amendment or the
Agreement.
Public Art Contribution: Owner shall install and provide artwork for public
display in the Project. Said artwork shall cost in the aggregate no less than
three hundred thousand dollars ($300,000), and shall be installed on the
Project site at or prior to the date on which Owner receives a Certificate of
Occupancy for the 7th building; but in any event, no later than December 31,
2012.
The artwork to be installed by Owner shall be subject to the reasonable
approval of the City of South San Francisco prior to installation. Artworks
Exhibit C - 1 Ja. uua~ 28, 2005
Britannia Development Agreement
Edited o~ 1/31/2005 4:05 PM
Page 3 of 6
installed pursuant to this section shall be maintained by Owner or, in the event
Owner's interest in the property is conveyed or subdivided, by Owner's
successors, or, if applicable, by the Owner's Association for the Project. If an
association of owners is created, said maintenance obligations and a budget
related thereto shall be included in the Covenants, Conditions and Restrictions
for the Project. If Owner fails to complete installation of the artwork on or
before December 31, 2012, Owner shall be required to pay an in lieu fee for
such artwork in the amount of Three Hundred Thousand Dollars ($300,000),
less the documented cost of any public artwork actually installed by Owner in
the Project provided the art work installed by Owner was approved by the
City prior to installation. In the event the art in lieu fee is paid, the costs/value
of the artwork to be installed shall be adjusted annually on January 1st
be~nning in 2006 in an amount equal to the percentage change in the
Engineering News Record Construction Costs Index for the San Francisco
Bay Area. The in-lieu fee shall be paid on or before January 31, 2013.
Transportation Demand Management: Owner shall prepare an annual
Transportation Demand Management (TDM) report, and submit same to City,
to document the effectiveness of the TDM plan in achieving the goal of 30%
alternative mode usage by employees within the Project. The TDM report
will be prepared by an independent consultant, retained by City with the
approval of Owner (which approval shall not be unreasonably withheld or
delayed) and paid for by Owner, which consultant will work in concert with
Owner's TDM coordinator. The TDM report will include a determination of
historical employee commute methods, which information shall be obtained
by survey of all employees working in the buildings on the Property. All non-
responses to the employee commute survey will be counted as a drive alone
trip.
TDM Reports: The initial TDM report for each building on the Property
will be submitted two (2) years afeer the granting of a certificate of
occupancy with respect to the building, and this requirement will apply to
all buildings on the Property except the parking facilities. The second and
all later reports with respect to each building shall be included in an
annual comprehensive .TDM report submitted to City covering all of the
buildings on the Property which are submitting their second or later TDM
reports.
Report Requirements: The goal of the TDM program is to encourage
alternative mode usage, as defined in Chapter 20.120 of the South San
Francisco Municipal Code. The initial TDM report shall either: (1) state
that the applicable property has achieved 30% alternative mode usage,
providing supporting statistics and analysis to establish attainment of the
goal; or (2) state that the applicable property has not achieved the 30%
alternative mode usage, providing an explanation of how and why the goal
has not been reached, and a description of additional measures that will be
Exhibit C- 1
Britamfia Development Agreement
Edited on 1/31/2005 4:05 PM
January 28, 2005
Page 4 of 6
adopted in the coming year to attain the TDM goal of 30% alternative
mode usage.
Co
Penalty for Non-Compliance: If after the initial TDM report, subsequent
annual reports indicate that, in spite of the changes in the TDM plan, the
30% alternative mode usage is still not being achieved, or if Owner fails to
submit such a TDM report at the times described above, City may assess
Owner a penalty in the amount of Fifteen Thousand Dollars ($15,000.00)
per year for each percentage point below the minimum 30% alternative
mode usage goal.
(1)
In determining whether a financial penalty is appropriate, City may
consider whether Owner has made a good faith effort to meet the TDM
goals.
(2)
I/City determines that Owner has made a good faith effort to meet the
TDM goals but a penalty is still imposed, and such penalty is imposed
within the first three (3) years of the TDM plan (commencing with the
first year in which a penalty could be imposed), such penalty sums, in
the City's sole discretion, may be used by Owner toward the
implementation of the TDM plan instead of being paid to City. I/the
penalty is used to implement the TDM Plan, an Implementation Plau
shall be reviewed and approved by the City pr/or to expending any
penalty funds.
(3)
Notwithstanding the foregoing, the amount of any penalty shall bear
the same relationship to the maximum penalty as the completed
construction to which the penalty applies bears to the maximum
amount of square feet of Office, Commercial, Retail and Research and
Development use permitted to be constructed on the Property. For
example, if there is 200,000 square feet of completed construction on
the Property included within the TDM report with respect to which the
penalty is imposed, the penalty would be determined by multiplying
Fifteen Thousand Dollars ($15,000.00) times a fi.action, the numerator
of which is 200,000 square feet and the denominator of which is the
maximum amount of square feet of construction permitted on the
Property, subtracting the square footage of the parking facilities; this
amount would then be multiplied by the number of percentage points
below the 30% alternative mode usage goal.
The provisions of this section are incorporated as Conditions of
Approval for the Project and shall be included in the approved TDM
for the Project.
5. Construction of Swift Sewer Main and Pump Station.
Exhibit C- 1
Britannia Development Agreement
Edited on 1/31/2005 4:05 PM
January 2~, 2005
Pag~ 5 of 6
A. City will construct and/or improve the Swift Sewer Main and Pump Station
#3 identified as Mitigation Measures 14.2.6 and 14.2.7 in the Environmental
Impact Report for the Britannia East Grand Project, subject to the terms of
this Amendment as more fully set forth below.
B. Construction of the Swift Sewer Line and Pump Station #3 (the
"Improvements") shall proceed substantially in accordance w/th the plans
approved by the City Engineer prepared by Wilsey Ham. Owner shall
assign all rights to the construction documents prepared by Wilsey Ham to
the City, at no cost to the City, for use in preparing the bid documents for
the work to be performed.
C. Owner shall pay all costs up to Two Million Eight Hundred Thousand
Dollars ($2,800,000) for construction of the Improvements, including the
cost for acquiring any right of way, public utility or temporary construction
easements required for construction of the Improvements.
D. Owner shall provide the services of its project manager, Project
Management Advisors, Inc. ("P/VIA") at no cost to the City for the City's
use in constructing the Improvements. However, in no event will the City
delegate its authority or discretion over the construction of the
Improvements to PMA.
E. City shall let the contract for construction of the Improvements in
accordance with state law governing the award of contracts for public
works, including any requirements or policies pertain/ng to force accounts.
F. The Contract shall be awarded to the lowest responsible bidder unless the
bid price exceeds the engineers' estimate by more than ten percent (10%).
In that event, City shall work with Wilsey Ham to determine whether the
Improvements can be modified to perform as originally designed but at a
lower cost or whether the project must be re-bid as originally designed. The
City, by and through its City Engineer, with the consent of the City
Manager, may require the contract to be re-bid as originally designed.
G. Contract Change Orders shall be submitted to the City and PMA for review.
P/VIA shall offer a recommendation on the Change Order within ten (10)
days of receiving same but said recommendation shall not be binding on the
City. All Change Orders on the contract must be approved by the City
Engineer and the Assistant City Manager prior to payment. In no event
shall Owner be liable for costs in excess of Two Million Eight Hundred
Thousand Dollars ($2,800,000), for construction of the Improvements as
provided for in this Amendment.
H. City sliall submit invoices on a monthly basis for payment of costs incurred
in constructing the Improvements. Owner shall pay such invoices within
thirty (30) days of receipt. In the event Owner fails to provide payment
within thirty days of receipt, City shall be entitled to draw down the Letter
of Credit in au amount equal to the invoiced amount plus an additional five
percent (5%) of the invoiced amount for reimbursement of administrative
costs in collecting payment.
D.~ Mod Exh C-1 - 01-31-05.DOC
Exhibit C - 1
Britannia Development Agreement
Edited on 1/31/2005 4:05 PM
Page 6 of 6
January 28, 2005
BRrrANNL~ EAST GRAND,
PROJECT AND DEVELOPMENT AGREEMENT SUMMARY
Project Status: Slough executed a lease for all eight (8) buildings totaling approximately
784,000 square feet at the Britannia East Grand development. General site construction and
permit activity commenced Q4 2004.
Phase I which totals approximately 450,000 square feet in four (4) including Parking Garage A,
will be completed on a staggered delivery February through November of 2006. Phase II
consisting of the remaining portion of the site of approximately 330,000 square feet in four (4)
buildings including Parking Garage B, is scheduled for completion on a staggered delivery
throughout 2008. Phase 11 can be accelerated for delivery as much as one year and therefore
could be delivered as early as 2007.
The following is a summary update regarding requirements contained in the Development
Agreement:
Development Plan: Slough submitted Development Plan in accordance with requirements of
the Development Agreement detailing landscaping and common improvements required for each
phase of the project. Devebpment Agreement requires Slough to post an Irrevocable Letter of
Credit for the costs to construct the common improvements. As part of the proposed
Development Agreement Amendment, due to the aggressive delivery of the project per the above
schedule, Slough has requested the elimination of the Letter of Credit requirement for the
common improvements.
SwiflSewer Main & Station No. 3 Upgrades: Slough is working with the City of South
San Francisco to reach an agreement for the construction of the offsite work as proposed in the
Development Agreement Amendment.
Child Care Center: Slough is working with the Department of Toxic Substance Control
(DTSC), who is the lead agency for the site. Slough implemented a DTSC-approved testing
program to further characterize the area designated for the child care center. Based upon the
results of the testing program, Slough will work with DTSC to finalize its determination
regarding placement of the proposed childcare center on site. The process has proven lengthy
and involved extensive coordination due to agency policies and procedures. Actual delivery will
depend on a variety of factors including at a minimum the nature and timing of building
construction and occupancies, conditions of DTSC approvals and market demand. As part of the
proposed Development Agreement Amendment, Slough has requested revised dates for
notification and completion of the child care center.
PublicAn: The Development Agreement required Slough to install artwork in two phases,
the first consisting of at least 50% of a specified value by June 2005, with the balance installed
by June 2007. Due to the delayed delivery of the site (from what was anticipated when the
Development Agreement was executed) and in conjunction with the current project delivery
schedule as indicated above, Slough requests that the delivery of the project art be tied to
building occupancies rather than date-specific. This will help ensure that artwork is protected
from damage during sigrdficant site construction. As part of the proposed Development
Agreement Amendment, Slough has requested revised dates for installation of the public art.
FEBRUARY 2005
PAGE 1 OF 2
BRrrANNL~ EAST GRAND
PROJECT AND DEVELOPMENT AGREEMENT SUMMARY
Transportation DemandManagement: Slough submitted final TDM plan including
proposed survey and report protocol to City in accordance with TDM provision and
Development Agreement. The project TDM plan is to be implemented upon occupancy of
Britannia East Grand.
Mitigation Monitoring Checklist: Slough submitted to the City of South San Francisco a
Mitigation Monitoring Checklist detailing proposed status and actions regarding mitigation
measures required by Britannia East Grand Environmental Impact Report.
FEBRUARY 2005
PAGE 2 OF 2