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HomeMy WebLinkAbout2003-06-25 e-packetSPECIAL MEET1NG 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 JUNE 25, 2003 6:40 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 25th day of June, 2003, at 6:40 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 4. Interview applicants for Library Board of Trustees 5. Discussion and appointments to Library Board of Trustees 6. Closed Session: a. Pursuant to Government Code section 54957.6, conference with Labor Negotiator Bower on Police Association negotiations b. Pursuant to Government Code section 54956.9(a), existing litigation, Aetna Realty v. City of South San Francisco 7. Adjournment city~lerk ,,/' ~<///ce j City of South San Francisco Inter-Office Memorandum DATE: TO: FROM: SUBJECT: June 25, 2003 Honorable Mayor and City Council Members City Clerk CITY COUNCIL SPECIAL MEETING - LIBRARY BOARD INTERVIEWS Library Board Interview Schedule 1) 6:40 p.m.: 2) 6:50 p.m.: Mrs. Betty Battaglia- appointed July 12, 2000, one full term Mr. John Baker- appointed October 10, 2001, partial term As required, a notice of the Board Members expiration of terms was posted at City Hall and at the libraries. (A more comprehensive advertising campaign was not initiated as incumbents are seeking reappointment.) Attached is a copy of Council's interview questions that are consistent with those asked at the April 23, 2003 special meeting. Discussion and appointment(s) to Library Board: If there is a consensus from Council to move forward with the two reappointments this evening, a motion to confirm the reappointments is required, with terms expiring June 30, 2006. Ballots are provided if Council desires to use them. Enc: 1) Letters Requesting Reappointment (w/previously submitted applications) 2) Council Questions 3) Ballot '03 Jl~ -6 ,~ 8:36 OFFICE OF CITY CLERK Hon. Pedro Gonzalez SO. SAN City Council of South San Francisco SSF City Hall P.O. Box '711 South San Francisco, CA 94083 June 4, 2003 John Baker 136 Duval Drive South San Francisco, CA 94080 Dear Mr. Mayor and members of the Council, It is with great humility that I request re-appointment to the Library Board at the expiration of my current term this summer. This -- as you well know - is a time of great pain, budgetwise, for not only local governments, but the population as a whole. In this time of crisis, people are likely to mm more and more to their local library for certain services they need. Whether it be to: access the Internet to search for employment or to communicate with a loved one; check out a book career-building skills; or do research for an essay, the library is an important source of information and communication for a city's populace. In addition, all the traditional uses for a library still apply. We help our city's children by opening their eyes to the wealth of information in books. We help the seniors and the indigent by giving them access to up-to-date information and literature that they may not be able to afford on a fixed income. We provide a community meeting place. The lists goes on. All levels of local government strongly need continuity in this time of need, including library boards. I still have the skills and background to contribute heavily to the library system in South San Francisco, and ask that you recognize that by offering re-appointment. Thank you for the opportunity to serve this city's citizens. Sincerely, /(650) 731-8088 AGENDA REDEVELOPMENT AGENCY CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM JUNE 25, 2003 7:00 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Agency business, we proceed as follows: The regular meetings of the Redevelopment Agency are held on the second and fourth Wednesday of each month at 7:00 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the Board on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Community Room and submit it to the Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents Redevelopment Agency from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address for the Minutes. COMMENTS ARE GENERALLY LIMITED TO FIVE (5) MINUTES PER SPEAKER. In the event that there are more than six persons desiring to speak, the Chair may reduce the amount of time per speaker to three (3) minutes. 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. PEDRO GONZALEZ Chairman KARYL MATSUMOTO Vice Chair RICHARD A. GARBARINO, SR. Boardmember BEVERLY BONALANZA-FORD Investment Officer MICHAEL A. WILSON Executive Director JOSEPH A. FERNEKES Boardmember RAYMOND L. GREEN Boardmember SYLVIA M. PAYNE Clerk STEVEN T. MATTAS Counsel PLEASE TURN OFF CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT IS AVAILABLE FOR USE BY THE HEARING-IMPAIRED AT REDEVELOPMENT AGENCY MEETINGS CALL TO ORDER ROLL CALL AGENDA REVIEW PUBLIC COMMENTS CONSENT CALENDAR 1. Motion to approve the minutes of the June 11, 2003 regular meeting 2. Motion to confirm expense claims of June 25, 2003 ADJOURNMENT REGULAR REDEVELOPMENT AGENCY MEETING JUNE 25, 2003 AGENDA PAGE 2 AGENDA CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM JUNE 25, 2003 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 for the Minutes. COMMENTS ARE GENERALLY LIMITED TO FIVE (5) MINUTES PER SPEAKER. In the event that there are more than six persons desiring to speak, the Mayor may reduce the amount of time per speaker to three (3) minutes. 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. PEDRO GONZALEZ Mayor KARYL MATSUMOTO Mayor Pro Tem JOSEPH A. FERNEKES Councilman RICHARD A GARBAR1NO, SR. Councilman RAYMOND L. GREEN Councilman BEVERLY BONALANZA-FORD City Treasurer SYLVIA M. PAYNE City Clerk MICHAEL A. WILSON City Manager STEVEN T. MATTAS City Attorney PLEASE TURN OFF CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING 1MPAIRED AT CITY COUNCIL MEETINGS CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS Project Read's "Cities that Read" - Program Manager Holly Fulghum-Nutters and Student/Tutor Coordinator Fernando Cordova · Cultural Arts Commission - presentation of Jack Drago Scholarship Award by Cultural Arts Commission Chair Gloria Lagomarsino · Report on bicycle safety - Police Sergeant Jim Thane · Report on Fourth of July illegal fireworks law enforcement activities - Police Chief Mark Raffaelli and Fire Chief Russ Lee · BART Update-Ann Marie Cullen, BART Liaison AGENDA REVIEW PUBLIC COMMENTS ITEMS FROM COUNCIL · Community Forum · Subcommittee Reports CONSENT CALENDAR Motion to approve the minutes of the June 5, 8, and 16, 2003 special meetings and June 11, 2003 regular meeting 2. Motion to confirm expense claims of June 25, 2003 o Motion to adopt an ordinance amending the City of South San Francisco Zoning Map to change the land use designation of 231 Lux Avenue from Medium Density Residential (R-2-H) to Retail Commercial (C-l-L) Resolutions declaring the date of the General Municipal Election for 2003 and requesting election services from the San Mateo County Clerk Resolution authorizing the acceptance of grant funds from Atkinson Foundation to support the South San Francisco Public Library Children's Services Reader Leader Program in the amount of $10,000 6. Resolution authorizing an outside sewer service agreement for 340 Alta Vista Drive Resolution approving a permit between BART, SamTrans and the City for operating and maintaining the McLellan Drive Extension REGULAR CITY COUNCIL MEETING JUNE 25, 2003 AGENDA PAGE 2 o Resolution approving cooperative agreements #04-1917-C and #04-1918-C of Route 101 hook ramps and related exhibits with the State of California for the replacement of the Bayshore Boulevard ramp o Resolution recommending that the San Mateo County Flood Control District impose basic and additional charges for funding the expanded scope of work for the FY 2003-04 countywide National Pollution Discharge Elimination System (NPDES) general program 10. Resolution approving the installation of stop signs on Evergreen Drive at Crestwood Drive 11. Resolution approving interim funding for FY 2003-04 for the South San Francisco Conference Center 12. Resolution approving the addition of the Self-directed Tax Advantaged Retirement System (STARS) program to the City's 457 deferred compensation plan effective August 1, 2003 and authorizing individuals to act on behalf of plan 13. Acknowledgement of proclamations issued: Echo Company, 2nd Battalion, 23rd Marine Regiment, June 16, 2003, and Loretta Fornaciari, June 19, 2003 PUBLIC HEARING 14. Consideration of resolution adopting a report of stormwater management services fees for FY 2003-04 and approving stormwater management service charges for FY 2003-04 15. Consideration of resolution adopting a report of annual sewer rental charges for FY 2003-04 pursuant to SSFMC Chapter 14.12, approving sewer rates effective FY 2003- 04 and amending the Master Fee Schedule to include the rates ADMINISTRATIVE BUSINESS 16. Motion to approve projects for continuation of Measure A funds 17. Resolution approving a new contract with the County of San Mateo for animal control services and approve County fees related to animal control ADJOURNMENT REGULAR CITY COUNCIL MEETING JUNE 25, 2003 AGENDA PAGE 3 Staff Report DATE: TO: FROM: SUBJECT: June 25, 2003 The Honorable Mayor and City Council Steven T. Mattas, City Attorney Adoption of Ordinance amending the City of South San Francisco Zoning Map to change the land use designation of 231 Lux Avenue from medium density residential (R-2-H) to retail commercial (C- l-L) RECOMMENDATION: Adopt the ordinance amending the City of South San Francisco Zoning Map to change the land use designation of 231 Lux Avenue from medium density residential R-2-H) to retail commercial (C-i-L) BACKGROUND/DISCUSSION: Council has previously waived reading and introduced the following ordinance. The Ordinance is now ready for adoption. AN ORDINANCE AMENDING THE CITY OF SOUTH SAN FRANCISCO ZONING MAP TO CHANGE THE LAND USE DESIGNATION OF 231 LUX AVENUE FROM MEDIUM DENSITY RESIDENTIAL (R-2-H) TO RETAIL COMMERCIAL (C-l-L) (Introduced 06-11-03 Vote 5-0 BY ~~a~mey Michael A. Wilson, Cit~nager Enclosure: Ordinance StaffReport DATE: TO: FROM: SUBJECT: June 25, 2003 Honorable Mayor and City Council City Clerk GENERAL MUNICIPAL ELECTION - NOVEMBER 4, 2003 RECOMMENDATION It is recommended that the City Council adopt the attached resolutions, declaring the date of the General Municipal Election for 2003 (November 4, 2003), and requesting election services from the San Mateo County Clerk. DISCUSSION: The attached resolutions declare the date of the General Municipal Election; state the hours during which the polls shall be open; contain the notice to be published of the subject election; and authorize a service agreement with the County Clerk to perform certain functions for the City in preparing for the election, i.e., consolidation of precincts, group purchase supplies, and the processing of absentee ballots. The following timetable will apply: Monday, July 14, 2003 First day to issue nomination papers Friday, August 8, 2003 Wednesday, August 13, 2003 Thursday, August 14, 2003 Close of nomination period, and last day to call for an election for ballot measures Five day extension of nomination period if an incumbent does not file Random alphabet to be drawn by the Secretary of State FISCAL IMPACT: Pursuant to the Voting Rights Act, San Mateo County is now subject to minority language requirements with respect to Chinese Americans and persons of Spanish heritage. Information and materials pertaining to elections will now be provided in the two minority languages in S'taff Report Subject: General Municipal Election - November 4, 2003 June 25, 2003 Page 2 addition to English, therefore increasing the cost of an election. The estimated cost of conducting the 2003 General Municipal Election is $50,972 based on County's pro-rated cost of approximately $ 2.00+ per voter. The current number of registered voters in South San Francisco is 25,486. The election is included in the FY 2003-04 budget in the amount of $55,000. City Clerk Attachments: Resolutions Agreement with San Mateo County RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION REQUESTING THE COUNTY CLERK OF SAN MATEO COUNTY TO RENDER SPECIFIED ELECTION SERVICES BE IT RESOLVED by the City Council of the City of South San Francisco as follows: That the Board of Supervisors of the County of San Mateo shall be, and is hereby, requested to permit the County Clerk of said County to render the services hereinafter specified, relating to the conduct of General Municipal Election to be held within said City on Tuesday, the 4th day of November 2003. That the election services requested by said City in connection with the holding and conducting of said election are more particularly set forth in Exhibit "A" attached hereto and incorporated herein, the same as though fully set forth at length. o That said City, shall, and does hereby, accept and agree to comply with the terms and conditions of the performance of said election services, and the payments therefore, as set forth in Exhibit "A." The County Clerk is further authorized and delegated to perform the duties specified in Exhibit "A" for the purpose of the General Municipal Election to be held within the City of South San Francisco on Tuesday, the 4® day of November 2003. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a Regular meeting held on the __ day of ,2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: FSFile Cabinet\CITY CLERKS DIRECTORY'xELECTIONSelection.services.res.doc City Clerk SERVICE. ~.REEMENT FOR THE PROVISION ' ELECTION SERVICES BETWEEN CITY OF SOUTH SAN FRANCISCO AND SAN MATEO COUNTY ASSESSOR-COUNTY CLERK-RECORDER This agreement, entered into this __ day of ,2003, by and between the City of South San Francisco and San Mateo County Assessor-County Clerk-Recorder.(hereinafter referred to as County Clerk); WHEREAS, it is necessary and desirable that the County Clerk be retained for the purpose of conducting an election hereinafter described for the City of South San Francisco (hereinafter referred to as City); NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS: SERVICES TO BE PERFORMED BY THE CITY OF SOUTH SAN FRANCISCO: 1) No later than the 88th day prior to the election the City of South San Francisco will request the Board of Supervisors through the County Clerk to conduct an election for the City of South San Francisco on November 4, 2003, and will request services of the County Clerk. This section is applicable only ff additional matters will be placed on the ballot, and a resolution is required. 2) The City will publish the Notice of Election and the Notice to File Declarations of Candidacy for the offices to be voted on, and/or the Notice to File Arguments For or Against any measure. 3) The City will submit to the County Clerk the titles and exact number of offices to be voted on, the names and ballot designations of the candidates for those offices, and/or the exact ballot measure wording to be voted on by the 85th day prior to the election, or by the 82nd day prior to the election if Elections Code §§ 10225, 10229, and 10407 become applicable. 4) The City Clerk will prepare and deliver to the County Clerk the ballot pamphlet information containing, as applicable, candidate statements, ballot measure, tax rate statement, impartial analysis, arguments for or against and rebuttals thereto. The last day for primary arguments (300 words) to be submitted is August 15, 2003. The last day for rebuttal arguments (250 words) and impartial analysis is August 25, 2003. 5) The City will review and sign off on the sample ballot and official ballot wording for the City's Candidates/Measures. SERVICES TO BE PERFORMED BY COUNTY CLERK: 1) The County Clerk will select the sample and official ballot printer(s) and translators. 2) The County Clerk will prepare and deliver all election information to the printers and translators. 3) The County Clerk _il issue, receive and process absente, allots. 4) The County Clerk will set up all polling place locations, hire polling place workers, publish required notice, and conduct the election. 5) The County Clerk will prepare a Canvass of Votes Cast and submit a Certificate of County Clerk to the City of South San Francisco. 6) The County Clerk will conduct other various and miscellaneous election activities as required including but not limited to all those required of the City's Election Official, other than those described under "Services to be Performed by the City of South San Francisco". TERMS: This agreement shall be in effect for the performance of all services incident to the preparation and conduct of the election to be held on November 4, 2003. In the event the County Clerk is unable to perform services required under this Agreement, as a result of employer/employee relation conditions, vendor conditions or other conditions beyond the control of the County Clerk, the County Clerk will be relieved of all obligations under this Agreement. The County Clerk may terminate this agreement after giving 72 hours written notice and the County Clerk will be relieved of all obligations. This agreement can be mutually terminated upon a 30 day written notice. CONSIDERATION: In consideration of the performance of services and supplies provided by the County Clerk, the City of South San Francisco shall pay to the County Clerk a sum equal to the actual cost of such services and supplies. The City of South San Francisco shall make payment within 30 days of receipt of invoice from County Clerk. CITY: Signature: Date: Print Name: Title: COUNTY: Signature: Date: Print Name: Title: RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION DECLARING THE DATE OF THE GENERAL MUNICIPAL ELECTION FOR 2003, ORDERING THE PUBLICATION OF A NOTICE OF ELECTION AS REQUIRED BY THE ELECTIONS CODE AND ESTABLISHING THE HOURS DURING WHICH THE POLLS SHALL BE OPEN BE IT RESOLVED by the City Council of the City of South San Francisco that the general municipal election of the City of South San Francisco shall, in accordance with the Elections, Education and Government Codes of the State of California, be held on the 4th day of November 2003, for the following offices: City Councilmember, City of South San Francisco - full term (4 years) City Councilmember, City of South San Francisco - full term (4 years) BE IT FURTHER RESOLVED that the hours during which the polls shall be open shall be from 7:00 a.m. to 8:00 p.m., and the City shall give the required notices, Exhibit "A", and conduct the election as set forth in the Elections, Education and Government Codes of the State of California. 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 ,2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk FSFile Cabinet\CITY CLERKS DIRECTORY'xELECTION~election2003.res.doc EXHIBIT "A" TO RESOLUTION NO. ELECTION NOTICE A GENERAL MUNICIPAL ELECTION OF THE CITY OF SOUTH SAN FRANCISCO WILL BE HELD TUESDAY, THE 4TM DAY OF NOVEMBER, 2003, AND THE FOLLOWING OFFICES WILL APPEAR ON THE BALLOT: MEMBER OF THE CITY COUNCIL - FULL TERM (4 YEARS) MEMBER OF THE CITY COUNCIL - FULL TERM (4 YEARS) All forms required for nomination to elective office shall be fumished by City Clerk Sylvia Payne, 400 Grand Avenue, South San Francisco, California 94080, beginning Monday, July 14, 2003, without charge during regular business hours. Please call (650) 877-8518 for further information. The nomination period closes Friday, August 8, 2003, 5:00 p.m. There will be a five-day extension of the nomination period if an incumbent does not file for office, to Wednesday, August 13, 2003, 5:00 p.m. To be eligible to hold office, one must be an elector of the City when he/she assumes such office and a registered voter of the City at the time nomination papers are issued to the candidate, per Elections and Government Codes. Appointment to each elective office will be made pursuant to Elections Code section 10229 in the event there are no nominees or an insufficient number of nominees for such office. The POLLS shall be opened at 7:00 a.m. and shall be kept open until 8:00 p.m. of said day when the polls shall be closed, except as otherwise provided in Section 14212 of the Elections Code. BY ORDER OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, AT A REGULAR MEETING HELD ON JUNE 25, 2003. /s/ Sylvia M. Payne, City Clerk City of South San Francisco Staff Report DATE: June 25, 2003 TO: Honorable Mayor and City Council FROM: Library Director SUBJECT: RESOLUTION TO ACCEPT $10,000 IN GRANT FUNDING FROM THE ATKINSON FOUNDATION TO SUPPORT THE SOUTH SAN FRANCISCO PUBLIC LIBRARY CHILDREN'S SERVICES READER LEADER PROGRAM AND AMEND THE LIBRARY DEPARTMENT'S 2002/2003 OPERATING BUDGET. RECOMMENDATIONS It is recommended that the City Council approve a resolution authorizing the acceptance of grant funds in the amount of $10,000 to support the South San Francisco Public Library Children's Services Reader Leader program and amending the Library Department's operating budget for fiscal year 2002/2003. BACKGROUND The Library has been awarded a $10,000 grant from the Atkinson Foundation to support the Children's Services' Reader Leader summer program at the West Orange and Grand Avenue Libraries. In this program, 6th to 12th graders assist elementary school children in practicing reading skills. The funds will pay for a part-time coordinator who will plan and implement the program, as well as for supplies, awards, and an end-of-program celebration event. FUNDING: The funds will be used to amend this year's operating budget of the Library Department. Funds not expended at the end of fiscal year 2002/2003 will be carried over into fiscal year 2003/2004. Receipt of these funds does not commit the City to ongoing support after the close of the funding cycle. Valerie Sommer Library Director Michael A. Wilson City Manager Attachment: Resolution RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS IN THE AMOUNT OF $10,000 AND AMENDING THE 2002-2003 OPERATING BUDGET ( NO. 03-24) WHEREAS, staff recommends the City Council accept a grant in the amount of $10,000 from the Atkinson Foundation to support the South San Francisco Public Library Children's Services Reader Leader Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes the acceptance of a grant in the amount of$10,000 from the Atkinson Foundation to support the South San Francisco Public Library Children's Services Reader Leader Program and amends the Library's Operating Budget (03-24) to add $10,000. 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 ,2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk DATE: TO: FROM: SUBJECT: Staff Report June 25, 2003 The Honorable Mayor and City Council Director of Public Works OUTSIDE SEWER SERVICE AGREEMENT FOR 340 ALTA VISTA DRIVE (ISLAMIC SOCIETY OF SAN FRANCISCO) RECOMMENDATION: It is recommended that the City Council adopt a resolution approving an Outside Service Agreement (Sewer) for 340 Alta Vista Drive and authorizing the City Manager to sign the agreement on behalf of the City of South San Francisco and to record the agreement in the County official records. BACKGROUND/DISCUSSION: The City has received a request from Mr. Hamid Daoudi, representing the Islamic Society of San Francisco, to authorize a connection to the City sewer system for a 250-student Islamic elementary school which has been established within the unincorporated portion of the Country Club Park subdivision at 340 Alta Vista Drive, the site of the former Nancy Nutting Nursery, which occupied the site in the 1960's and 1970's. The school is connected to a sewer main built by the former owners of the property, the Russian Convent, Inc., pursuant to a 1993 agreement with the City of South San Francisco. The applicant states that the school currently provides schooling to a maximum of 50 students, but if successful, enrollment may increase to a maximum of 250 students and 20 staff as approved by a County use permit in 1997. The City Attorney has prepared the attached sewer service agreement, which Mr. Mr. Daoudi has reviewed and accepted, on behalf of the Islamic Society. The agreement provides that the Islamic Society (the "Owner") will be bound by the following provisiOns: The owner agrees not to protest annexation of his property to the City. The owner agrees to pay a fair share of any future area-wide sewer improvements within the Country Club Park subdivision. The owner agrees to pay a sewer connection fee of $30,099.76 The owner agrees to pay yearly sewer service charges for the school. The owner agrees to pay an administrative fee of $10,120.00 to reimburse the City for its staff time to review, process and prepare the sewer service agreement during the previous 6 years. Staff Report To~ Re: Date: The Honorable Mayor and City Council Outside Sewer Service Agreement for 340 Alta Vista Drive June 25, 2003 Page 2 The agreement will bind future owners of the property and will be recorded in the County records. The owner shall connect the school to the City sewer main with a new sewer lateral as necessary and pay all fees and inspection charges for this connection. Pursuant to the terms of the agreement, the City staff's time will be fully compensated by the Islamic Society through their payment to the City of a $10,120.00 administrative fee. John Gi Directc 'of Public Works Approved:Mic~~./~. . ilson/~ City Manager ATTACHMENTS: Resolution Letter request Sewer service agreement Location Map Site Plan RH/JG/ed RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING AN OUTSIDE SEWER SERVICE AGREEMENT FOR 340 ALTA VISTA DRIVE WHEREAS, staff recommends approval of an Outside Sewer Service Agreement for Alta Vista Drive; and WHEREAS, pursuant to the terms of the agreement, the City staff's time will be fully compensated by the Islamic Society through their payment to the City of a $10,120. administrative fee. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council approves an Outside Sewer Service Agreement for 340 Alta Vista Drive. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement on behalf of the City of South San Francisco and to record the agreement in the County official records. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a Regular meeting held on the __ day of ,2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: S:\Current Reso's\6-25alta.vista.sewer.res.doc ATTEST: City Clerk Islamic Society of San Francisco MASJID DARUSSALA31 · 2o J,,,,~_.~ st~-..4, &-.~ Fra.4~,:,,, CA '041O2 · %1:415-80~-?gq7 · Fax: 415-863-7995 Sept 19,1996 MR.: Arthur Wong P.O.Box SSF, Ca 94083 We are applying for a use permit with tile tmmcorporated County of San Mateo in the section of the City of SSF ,the property address is 340 Alta Vista DR. Percel No 013-121-020. The use permit is for an Elementery School Pre K -8th Grade 250 students. Easement has been installed by the seller (Russian Convent) over the property We are applying for a permit to be able to discharge in tile Sewer line that was recently installed by the Russian convent on the side of dorado way we are also requesting a permit to hook up a lateral connection to the sewer line that was just extended from country club up lo corner of dorado and Alta. Vista. Inclosed arc copies of the application permit thal we st,bmitted to the Cotmty. tbr more intbrmation's aboul our project please call me at 863-7997. the contact person in the county planing department is Jeff' Marz at 363-4849 ext. 183 I. Souleiman Ghali RECORDING REQUESTED BY AND WltEN RECORDED RETURN DOCUMENT TOi City Clerk City Of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 OUTSIDE SERVICE AGREEMENT (SEWER) WHEREAS, the City of Sot,th San Francisco, California, a municipal corporation ("City") owns and operates public sewer facilities within its boundaries; and, WHEREAS, lhc Islamic Society of San Francisco ("Owner") is lhe owner of properly located at 340 Alia Vista Drive, Ctmnly of San Malco Cl'arccls"), which i~ropcrly is outside the boundaries oflhe City and is therclbrc not entitled lo connect lo or usc Cily's sewer lhcilities, but is within thc City's Sphere of Influence as defined under stale law; and, WIIERF, AS, thc properly is idcnlificd as AI)N 013-121-040 by Iht San Malco County Assessor; anti, \VIIEREAS, ()wrier dcsircs lo cmmcct to Iht ('ily's main scxvcr linc; and, W! IEREAS, Cily has agreed to allow such scwcr connection and provide sewer services subject to the terms and conditions of this agreement. Now, therefore, City and Owner agree as follows: 1. Oxvner is hereby authorized to connect to City's sewer line, located within tile right of way running along Count~3, Club Drive, subject to tile following conditions and pursuant to policies adopted by City oil May 24, 2000: a. Upon notification by City of City's intent to annex the Parcels, Owner agrees not to oppose tile City's ?quest for annexation; Owner, on behalf of himself, his successors and assigns, agrees to pay a pro-rata share of construction of new sewer facilities installed, owned and operated by City for the purpose of providing sewer service to the area, including the Parcel, commonly known as County Club Park. Accordingly, Owner shall, upon the request of City and in a form provided for by City, execute a subsequent agreement as follows: To participate in an assessment district to fund construction of new sewer facilities serving the Parcel; or alternatively, ii. To pay a one-time charge, hereafter called a "frontage fee," for the purpose of funding construction of said new facilities. The frontage fee shall be a figure representing one-half of the cost of said improvements, apportioned to each parcel served in a pro rata fashion, and lhen applied to individual parcels according to the amount of each parcel's frontage to tile City's facilities, measured in lineal feet. Thus, as an example only, if the frontage fee were established in tile amount of $75 per foot, a parcel that has 100 feet of frontage will pay $7500. c. Owner shall pay a sewer connection tee iT1 the amount of $30,099.76. Owner will be charged, and shall pay, a service charge under then-applicable schedules of rates and charges as may be amended from time to time. Should Owner fail or reti~se to pay the sanitary sewer charge on or before the due date, the City may elect to collect said charges by commencement ora suit within 30 days after demand t'or payment and Owner shall pay all costs of the suite and reasonable attorneys tees incurred therewilh. As all alternative remedy, tile City may require Owner to disconnect fi'om the City's sanitary sewer system at Owner's sole cost and expense. Thc sewer connection and suhsequenl service provided under lhis agreement is limited Io existing legal lois of record as of May 24, 2000, or lois existing on lhe l~arccl as t~t'lhc tlalc of this agrccmcnl, which cvcr is l~wcr. Cily is under no obligalitm Io provide additional hooktaps or service lo subscqtmnlly crcalcd lois on the I~arccl. This rcrluircmcnt is nol intended lo prohibit a lot linc atl.iustmcnl, so long as it docs not Jesuit in creation of' lois exceeding in number the lots which existed on thc I'arccl tm May 2,1, 2000, or Iols cxisling tm Iht Parcel as ol'lhc dale ot'lhis agreement, which ever is t~wcr. Owner shall pay an administrative fee, in thc amount of $10,120.00, to cover City's stat't' costs iT1 connection with iCreparing and processing this agreement 2. Sewer discharge from any type of facility other than a elementary school shall not be permitted unless specifically approved in xvriting by the City. The nexv sanitary sewer lateral will connect to the City's sanitary system main within Dorado Way. 3. Owner shall conform to tile current City standards for installation of the lateral between tile City main and tile Parcels. Owner shall be responsible for the costs necessary to perform any inspections, testing, repairs, reconstruction, replacement, clean out installation as required by tile City Engineer to conform the'sewer lateral to current City standards. 4. Owner shall construct a new sanitary sewer lateral, with clean out, between the City main and tile school at 340 Alta Vista Drive, as well as tile adjacent single family home at 350 Alta Vista Drive (APN 013-121-050), which was previously tile property of the Owner and has been sold to another owner. Owner shall pay the costs of installation and all required permits. 5. Owner shall and does hereby agree to hold the City, its officers, agents and employees free and harmless from any claim or action arising out of said connection to the City's sanitary system and/or the connection into the City's sanitary sewer system, and owner shall and does hereby agree to defend any or all such claims and actions and to indemnify tile City for any losses sustained as a result thereof. 6 The parties hereto acknowledge that this agreement is subject to approval by tile San Mateo Local Agency Commission ("LAFCO"), and shall not be effective absent such approval. Owner agrees to prepare all necessary application materials, and to pay all required fees, in connection with City's application to LAFCO for approval of this agreement. 7. The covenants and conditions contained in this agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with tile land. 8. City and Owner agree that a copy of this agreement shall be recorded with tile County recorder of San Mateo County to give constructive notice of its terms, and that this agreement shall not be effective until such recording. 9. This agreement represents the final expression of the parties hereto with respect to tile included terms and as a complete and exclusive statement of the terms of the agreement. No modification oflhis agreement shall be effective unless and until such modification is evidenced by a writing signed by both parties. IN WITNESS Wi [EREOF, the parties have cxcculcd this agreement, as oflhe date set forth below. l)alc: TI IF, CITY OF SOUTII SAN FRANCISCO BY: Date: C:\Documcnts and SetlingsYharmon\My Documcnts~Islamic_School_Agrccmcnt. doc Michael A. Wilson, City Managcr Authorized Representative Islamic Society of San Francisco Printed Name ,~nd~itle ApprO?,~/forln: APPlicant: £ile Numbers: Attachm,._. REMOVE (E.) CONC. CUR3. TO PREh'IDE REO'D SPACE FOR PARXINO --J _L_ ADDITI~ (E.) SCHD~ BLD'G. (E.) C0~. PAD (E) CURB ) RETAINING WN.L TYP. ~ NOTES, "~D'~O~' I) THE (N.) DLD"G ;/ILL BE USED FOR ADMINISTRATION ISSF SCHOOL PROJKCT. 340,4LTA VISTA DR SOUTH $~ FRfl~CI$CO C,4LIFORNL4. ,~m~ tmmem Nll4 mm~m~ ~ A-SM 1/15'-! '-0' PHASE 11I SITE PLAN. A-10 I0 pictu~es~apsk, seg?:~ ?a ,pcx ,Applicant: File Numbers: c~'5~use96-37.cdr 0o.2 ds 3-19-97 Attachment: .S,taff Report DATE: June 25, 2003 TO: The Honorable Mayor and City Council FROM: Director of Public Works SUBJECT: Adoption of Resolution to Approve Roadway Permit with BART/SamTrans RECOMMENDATION: It is recommended that the City Council adopt a resolution approving a permit between BART, SamTrans and the City for operating and maintaining McLellan Drive. BACKGROUND/DISCUS SION: Under the Comprehensive Agreement with the Bay Area Rapid Transit District ("BART"), the City negotiated for the construction of a road through the new BART station to connect Mission Road to E1 Camino. The operation, maintenance and use of the roadway is necessary to the operation of the BART transit facility located in the City of South San Francisco. Though the parties desire to convey the roadway right of way to the City of South San Francisco within the next two (2) years, terms of the conveyance have yet to be agreed upon by the parties. Therefore, the permit is intended to grant the public the right to use the roadway and impose an obligation on'the City to operate, including provide police and traffic enforcement, and maintain the roadway in accordance with terms of the permit. The permit does not create an obligation on behalf of the City to accept the roadway or on behalf of either BART or SamTrans to convey the roadway, but grants only a right to use, operate, construct upon and maintain the roadway during the term of the permit. During the term of the permit, the City will be responsible for repairing any damage to BART facilities that occurs as a result of the use, operation or maintenance of the road. The City is also obligated to indemnify and defend BART and SamTrans against any liability arising out of the use of the roadway and any City act or failure to act. The permit will expire on November 30, 2005. If the roadway is not conveyed to the City at that time, BART, SamTrans or their assigns will assume responsibility for the use, operation and maintenance of the roadway. o n Gibbs, Director of Public Works ATTACHMENT: Resolution ICl/JG/ed Appr°ved~lj. c~~~Ci iy M~~a ger Permit #W- 18.6-001-SSF RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALITORNIA A RESOLUTION APPROVING A PERMIT BETWEEN BART, SAM TRANS AND THE CITY FOR OPERATING AND MAINTAINING MC LELLAN DRWE WHEREAS, staff desires Council approval of a permit between BART, SamTrans and the City for operating and maintaining McLellan Drive. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves a permit between BART, Sam Trans and the City for operating and maintaining McLellan Drive. BE IT FURTHER RESOLVED that the City Manager is hereby authorizes 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 ,2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: S:\Current Reso's\6-26BART.reso.doc ATTEST: City Clerk CITY OF SOUTH SAN FRANCISCO 400 Grand Avenue South San Francisco, CA 94080-3634 PERMIT NO. W-18.6-001-SSF ROADWAY PERMIT Subject to the following covenants, terms, conditions and restrictions, the San Francisco Bay Area Rapid Transit District (hereinafter "District", or "BART") and the San Mateo County Transit District (hereinafter "SamTrans") hereby grant to the City of South San Francisco (hereinafter "Permittee") (collectively, the "Parties") permission to use property owned in fee by SamTrans and over which District has an exclusive operating easement (Parcels D-3370-1, D-3101-1, D-3151-1, and D-3372-1) and property over which SamTrans has a perpetual highway easement (Parcel D-3370X-2G), located on the area commonly known as McLellan Drive (D-3370X-2G and D-3372X-2A) between El Camino Real and Mission Road, in the City of South San Francisco, County of San Mateo, (hereinafter "Premises"), as shown on Exhibit "A", attached hereto and incorporated herein by reference, for purposes of constructing upon, owning, operating and maintaining a roadway, and all ancillary facilities associated therewith (hereinafter the "Permitted Use"). For purposes of this Roadway Permit, ancillary facilities shall include any and all improvements that are required for operation of the roadway. The operation, maintenance and use of the roadway subject to this Permit is necessary to the operation of the BART transit facility located in the City of South San Francisco. The parties desire to convey the roadway right of way to the City of South San Francisco within the next two (2) years. Until such time, this Permit is intended to grant to Permittee the right to use, operate and maintain the roadway in accordance with existing laws and regulations governing same. The Parties understand that this Permit does not create an obligation on behalf of the Permittee to accept the roadway or on behalf of either BART or SamTrans to convey the roadway, but grants to Permittee only a right to use, operate, construct upon and maintain the roadway during the term of this Permit. In the event that the roadway is constructed upon and Permittee does not accept conveyance of the roadway, the roadway shall be restored by Permittee in accordance with Section 17, below. The Parties also understand that Permittee may desire to construct certain improvements within the premises. In that event, Permittee agrees to obtain the written approval of District prior to commencement of any such construction. 1. Subject to Section 16 below, the term of this Permit shall commence on June 16, 2003, and end on November 30, 2005, provided, however, that at any time during the term, the Permit may be terminated by either BART or Permittee upon thirty (30) days Page 1 of 5 41062.1 prior written notice to the other parties. The notice shall be sent certified mail, return receipt requested, to either: Permittee at the above address, Attention: City Manager, Project Manager; or to: BART at: Real Estate Services San Francisco Bay Area Rapid Transit District 1330 Broadway, Suite 1800 ©akland, California 94612-2517 Attention: Desha R. Hill, Department Manager With copy to SamTrans at: 1250 San Carlos Avenue San Carlos, CA 94070 Attention: Real Estate Department Manager The notice period shall begin to run upon receipt of the notice. 2. Because this Permit is for the public use of the Premises, all fees are hereby waived. 3. Permittee's right to use this area shall be non-exclusive and non-transferable, and shall be for the sole purpose of the Permitted Use. In no event shall District's or SamTrans' property be deemed to be a public right-of-way until such time as it is formally conveyed to Permittee. District and SamTr_ans shall work diligently to complete the acts required to transfer the property to the City for operation of a public road under conditions acceptable to the Parties. 4.a Permitted Use within the areas shown on said "Exhibit A" as D-3101-1 and D- 3151-1 shall be above a plane at elevation plus 68.00 feet (20.726 meters) NGVD 1929. The elevation of the current [2003] roadway surface is approximately plus 78.0 feet (23.77 meters) NGVD 1929. (Monument Records are appended hereto for reference purposes regarding these elevations.) 4.b Permittee shall receive written approval from the District prior to performing any type of excavation work on the Premises. 4.0 If Permittee terminates this Permit or the Permit is terminated for cause, per Permittee shall, at its sole expense, restore to its former condition any portion of the Premises or any BART facility which has been disturbed by Permittee in accordance with Section 16 of the attached General Terms and Conditions Relating to Utility Permits, except as otherwise provided in the Permit. 4.d Permittee agrees to provide police jurisdiction and traffic enforcement on Premises during the term of the Permit. 4.e Except as prohibited by Government Code Sections 810, et seq, to the extent caused by the use, maintenance, construction upon or operation of the roadway, the cost of repair and all losses caused by damage to any existing facility, of any type shall be at the sole expense of the Permittee. Any damage to BART facilities shall be Page 2 of 5 41062.1 repaired by BART forces at Permittee's sole cost and expense. 5. Permittee shall have the duty and agrees to exercise reasonable care to properly maintain District's and SamTrans' property pursuant to this Permit, including, but_ not limited to, removing debris dumped or placed on the Premises during the term of this Permit, from any source, and to exercise reasonable care inspecting for and preventing any damage to any portion of District's or SamTrans' property. 6. Permittee acknowledges that said Permitted Use constitutes an encroachment upon District's and SamTrans' property and agrees to the provisions of this Permit, applicable provisions of the "General Terms and Conditions Relating to Utility Permits," attached hereto and incorporated herein by reference, and applicable state laws and local ordinances. Where there is a conflictbetween the provisions of this Permit and the "General Terms and Conditions Relating to Utility Permits," this Permit shall prevail. 7. Permittee agrees to notify District's Construction_ Liaison, Edwin~Kung at (5! 0) 464-6445, at least 14 calendar days prior to any use of the Premises. ~erm~ttee snail not perform any work on District or SamTrans property until all necessary permits, licenses and environmental clearances have been obtained. 8. Permittee shall not use, create, store, allow, release or dispose of any hazardous materials and/or waste on the Premises. Hazardous materials or waste are materials, substances, wastes, chemicals, or pollutants which pose a present or potential hazard to health, welfare or the environment or are listed, regulated or subject to perm!tting or warning requirements as hazardous by any federal, state or local governmental authority, including but not limited to those substances and wastes defined as hazardous pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. section 9601 et seq.) or the Resource Conse~ation and Recovery Act _(42 U.S.C. 6901 et seq.) or listed in the Hazardous Substances List, Title 8, California Code of Regulations, G.LS.O. Section 337-339, as may be amended from time to time, or those wl'i~ch meet the toxicity, reactivity, corrosivity or flammability criteria of the above Code. 9. District and SamTrans shall at all times have the right to go upon and inspect the Premises and the operations conducted thereon to assure compliance with any of the requirements in this Permit. This inspection may include, but is not limited to, taking samples of substances and materials present for testing. 10. It is the intent of the parties hereto that the Permittee shall be responsible for and bear the entire cost of removal and disposal for hazardous materials or waste introduced by_ Permittee to the Premises during Permittee's period of use and possession of the Premises. Permittee shall also be responsible for any cleanup and decontamination on or off the Premises necessitated by such materials or waste. 11. To the extent that any pre-existing environmental condition is caused, contributed to or exacerbated 15y Permittee's acts or omissions, Permittee shall, at District's and SamTrans' discretion, either (i) perform remediation of such pre-existing condition at Permittee's sole cost and expense, to the extent required by and subject to the approval of a governmental agency with jurisdiction; or (ii) indemnify District and SamTrans against all costs incurred by District or SamTrans in performing remediation of such pre-existing environmental condition. 12. Permittee shall further indemnify and hold District, SamTrans and their respective directors, officers, employees, agents or representatives harmless from all responsibility, liability and/or claim for damages resulting from the introduction or use of Page 3 of 5 41062.1 hazardous materials or waste on the Premises during Permittee's use. or possession of the Premises or from actions by Permittee, its employees or agents that result in hazardous materials or waste being released into the environment or a pre-existing environmental condition being exacerbated. 13. Permittee agrees to assume responsibility and liability for all damages, loss o_r injury of any kind or nature whatever to persons or property, caused by or resulting from or in connection with this Permit, or which may arise out of failure of Permittee's performance of its obligations hereunder. 14. Permittee shall defend, indemnify and hold harmless District, SamTrans and their respective directors, officers, agents and employees, from all claims, demands, su!ts, loss, damages, injury and liability, direct or indirect (including any and all cost. s and expenses in connection therewith), incurred by reason of or ~n connection with this Permit, or any act, o? failure to act, of Permittee, its officers, agents, employees and contractors or any of them, under or in connection with this Permit. Permittee agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or otkier legal proceedings brought or instituted against District, its directors, officers, agents and employees arising out of this Perm,, and to pay and satisfy any resulting judgments. 15. Permittee agrees that no easement, lease or other property right is acquired by Permittee through this Permit. 16. Upon any use of District prop. erty by Pe_rmittee other_than that authorized by this Permit, or upon failure of the Perm~ttee to conform to any_ of the terms and conditions of this Permit, the District may terminate this Permit immediately. 17. Within 30 days of the expiration or earlier termination of a Permit, Permittee shall, at its sole expense, restore to its former condition all District or SamTrans property which has been disturbed by the Permittee, except as provided otherwise in the Permit. Restoration shall include, but not be limited to, removal of new improvements, equipment, materials, debris, and the like, and repair of any damage. If Permittee fails to restore District or SamTrans property as re_quired herein, the District or SamTrans may perform such restoration at Permittee's sole expense. 18. Permittee agrees to reimburse the District and/or SamTrans promptly for any damage done to_D~strict or SamTrans property in connection with this Permit, or with the restoration of the property. 19. Insurance shall be provided by Permittee as stated in Exhibit B attached hereto and incorporated herein by reference. The City is self-insured. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT By Date Desha R. Hill Department Manager, Real Estate Services SAN MATEO COUNTY TRANSIT DISTRICT By Page 4 of 5 Date 41062.1 Title ACCEPTED CITY OF SOUTH SAN FRANCISCO By Name Title Date C:\W-18.6-001 -SSF-V2.doc Page 5 of 5 41062.1 EXHIBIT "A" (copy of map or plans to be inserted here) Page 6 of 5 41062.1 ~T "B" INSURANCE At all times during the life of this Permit, or as may further be required by this Permit, Permittee at its own cost and expense, shall provide the insurance specified as follows: 1. Evidence Required At or before execution of this Permit, Permittee shall provide District and SamTrans with a certificate of insurance executed by an authorized representative of the insurer(s) evidencing that Permittee's insurance complies with this Article, including a copy of all required endorsements. A permit number (assigned by the District) shall be included in the space provided on the standard Certificate of Insurance form provided, 2. Notice of Cancellation, Reduction or Material Chanqe in Coveraqe. Policies shall be endorsed to provide thirty (30) days prior written notice of any cancellation, reduction or material change in coverage. Notices, including evidence of insurance, shall be forwarded to: San Francisco Bay Area Rapid Transit District Attention: Manager of Insurance P. ©. Box 12688 Oakland, California 94604-2688 3. Qualifvinq Insurers All policies shall be issued by California admitted companies which hold a current policy holders alphabetic and financial size category rating of not less than A:VIII according to Best's Insurance Reports. 4. Insurance Required Commercial General Liability Insurance for bodily injury (including death) and property damage which provides limits of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) annual aggregate as applicable. Coverage included shall include: a) b) c) d) e) f) g) Premises and Operations; Products/Completed Operations; Broad Form Property Damage; Contractual liability; Personal Injury liability; and Cross-Liability and Severability of Interests. Explosion, Collapse and Underground (XCU) Such insurance shall include the following endorsements, copies of which shall be provided to BART: a) Inclusion of BART, SamTrans, their directors, officers, representatives, agents and employees as additional insured as respects to Permittee's operations in connection with this Permit; Page 7 of 5 41062.1 b) Stipulation that the insurance is primary insurance and that no insurance or self-insurance of BART or SamTrans will be called upon to contribute to a loss. Automobile Liability for bodily injury (including death) and property damage which provides a coverage limit of at least One Million Dollars ($1,000,000) combined single limit per occurrence applicable for all owned, non-owned and hired vehicles. Statutory Workers' Compensation and Employer's Liability Insurance for not less than One Million Dollars ($1,000,000) per accident applicable to Employer's Liability coverage for all employees engaged in services or operations under this Permit. The policy shall include broad form all-states/other states coverage. Special Provisions The foregoing requirements as to the types and limits of insurance coverage to be maintained by Permittee and any approval of said insurance by District or SamTrans is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Permittee pursuant to this Permit, including but not limited to the provisions concerning indemnification. Should any of the work be contracted, Permittee shall require each of its contractors of any tier to provide the aforementioned insurance. REV'D 3/7/03 Page 8 of 5 41062.1 StaffReport DATE: TO: FROM: SUBJECT: June 25, 2003 Honorable Mayor and City Council Director of Public Works APPROVAL OF COOPERATIVE AGREEMENTS #04-1917-C AND #04-1918- C OF ROUTE 101 HOOK RAMPS AND RELATED EXHIBITS WITH THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION FOR THE REPLACEMENT OF BAYSHORE BOULEVARD RAMP RECOMMENDATION: It is recommended that Council adopt a resolution to approve the Cooperative Agreements #04- 1917-C and #04-1918-C and related exhibits of route 101 Hook Ramps with the State of California, acting by and through its Department of Transportation for the replacement of Bayshore Boulevard ramp and authofizing the City Manager to execute said agreement. BACKGROUND/DISCUSSION: The Oyster Point Interchange Phase 111 project (also known as the US 101/Bayshore Boulevard Hook Ramps) includes upgrading the existing Bayshore Boulevard off-ramp from southbound Highway 101, construction of a new on-ramp to southbound Highway 101, realignment of Bayshore Boulevard to the west to accommodate geometrics of the new hook ramp, and realignment of several regionally important utility systems. The fight of way so conveyed lies entirely within the corporate limits of the City of South San Francisco. FUNDING: No costs incurred. Direr :or of Public Works Approved: Michael A Wilson ' City Manager ATTACHMENTS: Resolution JG/ed Cooperative Agreement 4-1917-C Cooperative Agreement 4-1918-C RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING COOPERATIVE AGREEMENTS #04- 1917-C AND #04-1918-C OF ROUTE 101 HOOK RAMPS AND RELATED EXHIBITS WITH THE STATE OF CALIFORNIA FOR THE REPLACEMENT OF BAYSHORE BOULEVARD RAMP WHEREAS, staff desires to enter into Cooperative Agreements with the State of California for the replacement of the Bayshore Boulevard ramp. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves Cooperative Agreements #04-1917-C and #04- 1918-C and related exhibits of route 101 Hook Ramps with the State of California, acting by and though its Department of Transportation for the replacement of Bayshore Boulevard ramp. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute said agreements on behalf of the City of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a Regular meeting held on the day of __, 2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: S:\Current Reso's\6-25cooperative.agreeraent.res.doc ATTEST: City Clerk 4-SM- 101, KP 36.4 / 38.3Bayshore Boulevard Ramp, City of South San Francisco 4-227-254901 . District Agreement No. 4-1917-C COOPERATIVE AGREEMENT COPY THIS AGREEMENT, ENTERED INTO EFFECTIVE ON , is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", and CITY of South San Francisco, a body politic and a municipal corporation of the State of California, referred to herein as "CITY". RECITALS STATE and CITY, pursuant to Streets and Highways Code Section 130, are authorized to enter into a Cooperative Agreement for improvements to State highways within the City of South San Francisco. CITY desires State highway improvements consisting of replacement of existing southbound off S~isso~ ramp of Bayshore Boulevard with new southbound on and off hook ramps on Route 101 at 0.7 km north of the Oyster Point Boulevard interchange referred to herein as "PROJECT", and is willing to fund one hundred perce~t (~1_0__0%) of all capital outlay and staffing costs including right of way activities, except for costs of STATE's quality assurance of environmental, design and right of way activities. STATE's funds will not be used to finance any of the capital and support costs for PROJECT. This Agreement supersedes any prior Memorandum of Understanding (MOU) relating to PROJECT. Construction of PROJECT will be the subject of a separate future Agreement. The parties hereto intend to define herein the terms and conditions under which PROJECT is to be developed, designed, and financed. Page 1 of 16 District Agreement No. 4-1917-C CITY AGREES: SECTION I 10. To fund one hundred percent (100%) of all preliminary and design engineering costs, and right of way costs, including, but not limited to, costs for preparation of contract documents and advertising and awarding the PROJECT construction contract. Il. To have a Project Study Report/Project Report (PSR/PR), including all necessary environmental documentation (ED), and detailed Plans, Specifications and Estimate (PS&E) prepared at no cost to STATE and to submit each to STATE for STATE's review and approval at appropriate stages of development. PSR/PR, final plans and specifications for PROJECT shall be signed by a Civil Engineer registered in the State of C~lifornia. To permit STATE to monitor and participate in the selection of personnel who will prepare the PSR/PR, conduct environmental studies and obtain PROJECT approval, prepare the PS&E, perform preliminary and design surveying, provide the right of way engineering services, and perform right of way activities. CITY agrees to consider any request by STATE to discontinue the services of any personnel considered by STATE to be unqualified on the basis of credentials, professional expertise, failure to perform in accordance with scope of work and/or other pertinent criteria. Personnel who prepare the PS&E shall be available to STATE, at no cost to STATE, through completion of construction of PROJECT to discuss problems which may arise during construction and/or to make design revisions for contract change orders. Personnel who prepare right of way maps, documents and related materials shall be available to STATE, at no cost to STATE, during a_nd after construction of PROJECT until completion and acceptance by STATE of Right of Way Record Maps and Records of Surveys. To not use funds from STATE for any capital and support costs for PROJECT. To not use funds from any Federal-aid program for design or acquisition of rights of way for PROJECT. To make written application to STATE for necessary encroachment permits authorizing entry of CITY onto STATE's right of way to perform surveying and other investigative activities required for preparation of the PSR/PR, ED and/or PS&E. To identify and locate all utility facilities within PROJECT area as part of its PROJECT design responsibility. All utility facilities not relocated or removed in advance of construction shall be identified on the PS&E for PROJECT. To identify and locate all high and low risk underground facilities within PROJECT area, and to protect or otherwise provide for such facilities, all in accordance with STATE's "Manual on High and Low Risk Under~round Facilities Within Highway Rights of Way". CITY hereby acknowledges receipt of STATE's "Manual on High and Low Risk Underm-ound Facilities Within Highway Rights of Way". If any existing public and/or private utility facilities conflict with PROJECT construction or violate STATE's encroachment policy, CITY shall make all necessary Page 2 of 16 District Agreement No. 4-1917-C 12. 13. 14. 15. 16. 17. 18. 19. arrangements with the owners of such facilities for their protection, relocation or removal in accordance with STATE policy and procedure for those facilities located within the limits of work providing for the improvement to the State highway and in accordance with CITY's policy for those facilities located outside of the limits of work for the State highway. Total costs to PROJECT of such protection, relocation or removal shall be in accordance with STATE policy and procedure. To furnish evidence to STATE, in a form acceptable to STATE, that arrangements have been made for the protection, relocation, or removal of all conflicting facilities within STATE's right of way and that such work will be completed prior to the award of the contract to construct PROJECT or as covered in the PS&E for said contract. This evidence shall include a reference to all required State highway encroachment permits. CITY shall require the utility owner and/or its contractors performing any work within STATE's right of way to obtain a STATE encroachment permit prior to the performance of said work. To acquire and furnish all right of way, if any, outside of the existing State highway right of way and to perform all right of way activities, including all eminent domain activities, if necessary, at no cost to STATE, in accordance with procedures acceptable to STATE, and in compliance with all applicable State and Federal laws and regulations, subject to STATE oversight to insure that the completed work is acceptable for incorporation into the State highway right of way. To utilize the services of a qualified public agency as determined by the STATE Deputy District Director of Right of Way in all right of way acquisition related matters in accordance with STATE procedures as contained in Right of Way Procedure Handbook, Volume 9. Whenever personnel other than personnel of a qualified public agency are utilized, administration of the personnel contract shall be performed by a qualified Right of Way person employed or retained by CITY. To prepare Right of Way Engineering Hard Copies, Right of Way Appraisal Maps, Record of Surveys, and Right of Way Record Maps in accordance with the State of California Right of Way Manual, Chapter 6 - Right of Way Engineering, the State of California Plans Preparation Manual, the State of California Surveys Manual Chapter 10, applicable State laws, and other pertinent reference material and examples as provided by STATE. To have all necessary Right of Way Maps and Documents used to acquire right of way by the CITY, prepared by or under the direction of a person authorized to practice land surveying in the State of California. Each Right of Way Map and Document shall bear the appropriate professional seal, certificate number, expiration date of registration certification and signature of the licensed person in "Responsible Charge of Work". To submit to STATE for review and acceptance all Right of Way Engineering Hard Copies and Right of Way Appraisal Maps with appurtenant back-up and reference data prior to preparation of legal descriptions and acquisition documents. To certify legal and physical control of right of way ready for construction, and that all rights of way were acquired in accordance with applicable State and Federal laws and regulations subject to review and concurrence by STATE prior to the advertisement for bids for construction of PROJECT. Page 3 of 16 District Agreement No. 4-1917-C 20. 21. 22. 23. 24. 25. 26. 27. To deliver to STATE legal title to the right of way, (including access rights), free and clear of all encumbrances detrimental to STATE's present and future uses not later than the date of acceptance by STATE of maintenance and operation of the highway facility. Acceptance of said title by STATE is subject to a review of a Policy of Title Insurance in STATE's name to be provided and paid for by CITY. To be responsible, at CITY's expense, for the investigation of potential hazardous waste sites within and outside of the existing State highway right of way that would impact PROJECT as part of the responsibility for the ED for PROJECT. If CITY encounters hazardous material or contamination within the existing State highway fight of way during said investigations, CITY shall notify STATE and responsible control agencies of such discovery. To be responsible, at no cost to STATE, for remediation of hazardous waste found on proposed State highway right of way to be acquired for PROJECT. If CITY desires to have STATE advertise, award, and administer the construction contract for PROJECT, CITY shall provide all plans prepared by CITY or CITY's consultant on a compact disk (CD) using Micro Station Release 5.0 .dgn files in UNIX TAR or CPIO format. One copy of the data on the magnetic tape or CD, including the Engineer's electronic signature and seal, shall be provided to STATE upon completion of the final PS&E for PROJECT. STATE reserves the right to modify the magnetic tape requirements and STATE shall provide CITY advance notice of any such modifications. Reimbursement to STATE for costs incurred by STATE to advertise, award, and administer the construction contract for PORJECT will be covered in a separate Cooperative Agreement referred to in Article 14 of Section III of this Agreement. To obtain, at CITY's expense, all necessary permits and/or agreements from appropriate regulatory agencies. All mitigation, monitoring, and/or remedial action required by said permits shall constitute parts of the cost of PROJECT. All aerial photography and photogrammetric mapping shall conform to STATE's latest standards. A copy of all original survey documents resulting from surveys performed for PROJECT, including original field notes, adjustment calculations, final results, and appropriate intermediate documents, shall be delivered to STATE and shall become property of STATE. For aerial mapping, survey documents to be furnished are three sets of contract prints, with one set showing control, a complete photo index - two prints and a copy of the negative, and the original aerial photography negative. STATE's quality assurance activities referred to in Article 1 of Section II of this Agreement do not include performance of any engineering services required for PROJECT. These services are to be performed by CITY. If CITY requests STATE to perform any of these services, CITY shall reimburse STATE for such services. An Amendment to this Agreement authorizing STATE's performance of such services will be required prior to performance of any engineering work by STATE. Page 4 of 16 District Agreement No. 4-1917-C SECTION II STATE AGREES: At no cost to CITY, to provide quality assurance activities of all work on PROJECT done by CITY including, but not limited to, investigation of potential hazardous material sites and all right of way activities undertaken by CITY or its designee, to provide prompt reviews and approvals, as appropriate, of submittals by CITY, and to cooperate in timely processing of project. Upon proper application by CITY, to issue, at no cost to CITY, an encroachment permit to CITY authorizing entry onto STATE's right of way to perform survey and other investigative activities required for preparation of the PSR/PR, ED and/or PS&E. If CITY uses consultants rather than its own staff to perform required work, the consultants will also be required to obtain an encroachment permit. The permit will be issued at no cost upon proper application by the consultants. SECTION III IT IS MUTUALLY AGREED: All obligations of STATE under the terms of this Agreement are subject to the appropriation of funds and all other resources by the Legislature and the California Transportation Commission, as appropriate, to STATE for the purposes of fulfilling STATE's obligations herein. The parties hereto will carry out PROJECT in accordance with the Scope of Work, attached to and made a part of this Agreement, which outlines the specific responsibilities of the parties hereto. The attached Scope of Work may, in the future, be modified in writing to reflect changes in the responsibilities of the respective parties. Such modifications shall be incorporated into this Agreement as supplements to the Scope of Work by revising the Scope of Work, provided that the revisions are approved and signed by the parties hereto or their designated successors or representatives. The revised Scope of Work shall become a part of this Agreement after execution by both parties. STATE and CITY acknowledge this Agreement covers project development responsibilities during and after the PSR/PR phase. The PSR/PR for PROJECT shall become part of this Agreement by reference immediately upon approval of that Report. In the event the PSR/PR is not approved, all provisions of this Agreement covering responsibilities of the parties hereto beyond PSR/PR approval shall be deemed void and there will be no further obligation by either party. The basic design features as defined in Attachment 3 of the Scope of Work for PROJECT shall comply with those addressed in the approved PSR, unless modified as required for environmental compliance and/or FHWA approval of PROJECT. The design, right of way activities, and preparation of environmental documents for PROJECT shall be performed in accordance with STATE standards and practices current as of the date of performance. Any exceptions to applicable design standards shall first be approved by STATE via the processes outlined in STATE's Highway Design Manual and appropriate memorandums and design bulletins published by STATE. In Page 5 of 16 District Agreement No. 4-1917-C 10. the event that STATE proposes and/or requires a change in design standards, implementation of new or revised design standards shall be done as part of the work on PROJECT in accordance with STATE's current Highway Design Manual Section 82.5 "Effective Date for Implementing Revisions to Design Standards~. STATE shall consult with CITY in a timely manner regarding effect of proposed and/or required changes on PROJECT. CITY's share of all changes in development and construction costs associated with modifications to the basic design features as described above shall be in the same proportion as described in this Agreement, unless mutually agreed by STATE and CITY in a subsequent amendment to this Agreement. For the purpose of this Agreement, any hazardous material or contamination found within the area of PROJECT shall be classified in two categories, HM-1 and HM-2. Hazardous material or contamination of HM-1 category is defined as that level or type of contamination which State or Federal regulatory control agencies having jurisdiction have determined must be remediated by reason of its mere discovery, regardless of whether it is disturbed by PROJECT or not. Hazardous material or contamination of an HM-2 category shall be defined as that level or type of contamination which said regulatory control agencies would have allowed to remain in place if undisturbed or otherwise protected in place should PROJECT not proceed. STATE shall perform, or cause to be performed, all required cleanup of any hazardous material or contamination of an HM- 1 category found within the existing State highway right of way during investigative studies. CITY shall perform, or cause to be performed all required cleanup of any hazardous material or contamination of an HM-1 category found within the local road right of way during investigative studies. Whether CITY decides to proceed with PROJECT or not, STATE shall sign the HM-1 manifest and pay all costs for required cleanup within the existing State highway right of way and CITY shall sign the HM-1 manifest and pay all costs for required cleanup within the local road right of way. If STATE determines, in its sole judgment, that costs for cleanup within the existing State highway right of way and/or within the local road right of way are increased as a result of CITY's decision to proceed with PROJECT, these additional costs identified by STATE shall be deemed a part of the costs of PROJECT and CITY shall pay these costs. CITY shall perform, or cause to be performed, the cleanup of any hazardous material or contamination of an HM-2 category found within the existing State highway righ of way and/or within the local road right of way during investigative studies at CITY's expense if CITY decides to proceed with PROJECT. CITY shall sign any HM-2 manifest if PORJECT proceeds and HM-2 material must be removed in lieu of being treated in place. If CITY decides to not proceed with PROJECT, there will be no obligation to either CITY or STATE other than CITY's duty to cover and protect HM-2 material left in place. If hazardous material or contamination of either HM-1 or HM-2 category is found on new right of way to be acquired by CITY for PROJECT, CITY, as between CITY and STATE only, shall be responsible, at CITY's expense, for all required remedy or remedial action and/or protection and shall guarantee STATE that said new right of way is clean prior to transfer of title to STATE in accordance with Article 18 of Section I of this Agreement. The generator of the hazardous material or, if none can be identified or found, the present property owner, whether a private entity or a local public agency, shall sign the manifest. Page 6 of 16 District Agreement No. 4-1917-C 11. STATE will exert every effort to fund the cleanup for which STATE is responsible. In the event STATE is unable to provide funding, CITY will have the option to either delay PORJECT until STATE is able to provide funding or proceed with the cleanup at CITY's expense without any subsequent reimbursement by STATE. 12. Locations subject to remedy or remedial action and/or protection include utility relocation work required for PROJECT. Costs for remedy and remedial action and/or protection shall include, but not be limited to, the identification, treatment, protection, removal, packaging, transportation, storage, and disposal of such material. 13. The party performing the hazardous material cleanup shall be responsible for the development of the necessary cleanup plans and designs. Cleanups proposed by CITY on the State highway right of way shall be pre-approved by STATE and shall be performed in accordance with STATE's standards and practices and those standards mandated by the Federal and State regulatory agencies. 14. A separate Cooperative Agreement will be required to cover responsibilities and funding for PROJECT construction phase. 15. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal hability of either party to the Agreement by imposing any standard of care with respect to the development, design, construction, operation or maintenance of State highways different from the standard of care imposed by law. 16. Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless the State of.California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this agreement. 17. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. 18. This Agreement may be terminated or provisions contained herein may be altered, changed or amended by mutual consent of the parties hereto. 19. At CITY's request, STATE may grant CITY relief of maintenance and protection for portions of PROJECT as said portions are constructed to STATE's satisfaction. However, CITY will not be relieved of full responsibility for sad constructed portions until formal written acceptance of the construction contract for the entire PROdECT in accordance with Section 7-1.15 of STATE's current Standard Specifications. Page 7 of 16 District Agreement No. 4-1917~C 20. 21. CITY will advertise, award, and administer multiple construction contracts to complete the project. Contract #1 (a CITY only project) started September 2001. Contract #2 (hook ramp construction) is scheduled to start on or before June 2003 and will be done in 14 months. Multiple construction contracts are required to allow for utility relocation work by others. Except as otherwise provided in Articles 3 and 16 above, this Agreement shall terminate upon completion and acceptance of the construction contract for PROJECT, or on June 30, 2007, whichever is earlier in time. Page 8 of 16 District Agreement No. 4-191 STATE OF CALIFORNIA Department of Transportation JEFF MORALES Director of Transportation By: Deputy District Director Approved as to form and procedure: CITY OF SOUTH SAN FRANCISCO Attest: City Clerk Attorney Department of Transportation Approved as to form: Certified as to budgeting of funds: Attorney District Budget Manager Certified as to fmancial terms and conditions: Accounting Administrator Page 9 of 16 District Agreement No. 4-1917-C SCOPE OF WORK This Scope of Work outlines the specific areas of responsibility for various project development activities for the proposed Oyster Point Interchange Hook Ramps, Phase III. CITY will be the lead Agency and STATE will be a Responsible Agency for CEQA. CITY will assess impacts of PROJECT on the environment and, if necessary, CITY will prepare the Environmental Document (ED) to meet the requirements of CEQA. CITY will provide all data for and prepare drafts of the Project Study Report/Project Report (PSR/PR). CITY will be responsible for the public hearing process. CITY and STATE concur that the proposal is a Category 3 as defined in STATE's Project Development Procedures Manual. CITY will submit drafts of environmental technical reports and individual sections of the draft environmental documents to STATE, as they are developed, for review and comment. Traffic counts and projections to be used in the various reports shall be supplied by STATE if available, or by CITY. Existing traffic data shall be furnished by CITY. STATE will review, monitor, and approve all project development reports, studies, and plans, and provide all necessary implementation activities up to but not including advertising of PROJECT. STATE will prepare the revised freeway agreement and obtain approval of the new public road connection(s) from the California Transportation Commission. All phases of the project, from inception through construction, whether done by CITY or STATE, will be developed in accordance with all policies, procedures, practices, and standards that STATE would normally follow. Detailed steps in the project development process are attached to this Scope of Work. These Attachments are intended as a guide to STATE and CITY staff. Page 10 of 16 District Agreement No. 4-1917-C ATTACHMENT 1 PLANNING PHASE ACTIVITIES PROJECT ACTIVITY RESPONSIBILITY STATE CITY 1. ENVIRONMENTAL ANALYSIS & DOCUMENT PREPARATION Provide Quality Control Provide Quality Assurance Establish Project Development Team (PDT) Approve PDT Project Category Determination Start and Maintain Project History File Prepare Preliminary Environmental Assessment Identify Preliminary Alternatives and Costs Prepare and Submit Environmental Studies and Reports Approve Environmental Studies and Reports Prepare and Submit Draft Environmental Document (DED) X X X X X X X X X X X X 2. PROJECT GEOMETRICS DEVELOPMENT Provide Quality Control Provide Quality Assurance Apply for Encroachment Permit for Surveying on Site Issue Encroachment Permit Prepare Existing Traffic Analysis Prepare Future Traffic Volumes for Alternatives Prepare Project Geometrics and Profiles Prepare Layouts and Estimates for Alternatives Prepare Operational Analysis for Alternatives Approve Project Geometrics and Operational Analysis 3. PROJECT APPROVAL X X X Provide Quality Control Provide Quality Assurance X Lead Agency for Environment Compliance Certifies ED in Accordance with its Procedures Prepare Draft Project Report (DPR) Finalize and Submit Project Report with Certified ED for Approval Approve Project Report X X X X X X X X X X X X Page 11 of 16 District Agreement No. 4-1917-C ATTACHMENT 2 DESIGN PHASE ACTIVITIES PROJECT ACTIVITY RESPONSIBILITY STATE CITY 1. PRELIMINARY COORDINATION Provide Quality Control Provide Quality Assurance Request 1 - Phase EA Field Review of Site Provide Geometrics Approve Geometrics Designate a Surveying Manager and Conduct Initial Surveys Discussion with District Staff Obtain Surveys & Aerial Mapping Obtain Copies of Assessor Maps and Other R/W Maps Obtain Copies of As-Builts Send Approved Geometrics to Local Agencies for Review Revise Approved Geometrics ff Required Approve Final Geometrics Determine Need for Permits from Other Agencies Request Permits Initial Hydraulics Discussion with District Staff Initial Electrical Design Discussion with District Staff Initial Traffic & Signing Discussion with District Staff Initial Landscape Design Discussion with District Staff Plan Sheet Format Discussion 2. ENGINEERING STUDIES AND REPORTS Provide Quality Control Provide Quality Assurance Prepare and Submit Survey Data Review and Approve Survey Data Prepare & Submit Materials Report and Typical Section Approve Materials Report and Typical Section Prepare and Submit landscaping Recommendation Approve Landscaping Recommendation Prepare and Submit Hydraulic Design Studies Approve Hydraulic Design Studies Prepare and Submit Bridge General Plan and Structure Type Selection Approve Bridge General Plan and Structure Type Selection X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X Page 12 of 16 District Agreement No. 4-191 PROJECT ACTMTY RESPONSIBI~TY STATE CITY 3. R/W ACQUISITION & UTILITIES Provide Quality Control Provide Quality Assurance X Send Geometric Base Maps to R/W staff for Ordering Title Reports Request Utility Verification Request Preliminary Utility Relocation Plans from Utilities Prepare R/W Requirements Prepare R/W and Utility Relocation Cost Estimates Submit R/W Requirements and Utility Relocation Plans for Review Review and Comment on R/W Requirements X Longitudinal Encroachment Review X Longitudinal Encroachment Application to District Approve Longitudinal Encroachment Application X Request Final Utility Relocation Plans Check Utility Relocation Plans Submit Utility Relocation Plans for Approval Approve Utility Relocation plans X Prepare Utility Agreements Submit Final R/W Requirements for Review and Approval Fence and Excess Land Review X R/W Layout Review X Approve R/W Requirements X Prepare and Submit R/W Certificate of Sufficiency Review and Approve R/W Certificate of Sufficiency X Perform Record and Non-record Data Search Complete Property Surveys and Begin Monumentation Prepare Retracement Record of Survey (Pre-construction) Review and Comment on Record of Survey X Prepare R/W Engineering Hard Copy Prepare R/W Appraisal Map Provide STATE with R/W Engineering Back-up and Reference Data Review and Accept R/W Hard Copies and Appraisal Maps X Obtain Title Reports Complete Appraisals Review and Approve Appraisals for Setting Just Compensation X Prepare Legal Descriptions Review and Accept Legal Descriptions X Complete Acquisition Documents Review and Accept Acquisition Documents X X X X X X X X X X X X X X X X X X X X X X X X X Page 13 of 16 District Agreement No. 4-191 Acquire R/W - Open Escrows and Make Payments - Obtain Resolution of Necessity - Perform Eminent Domain Proceedings Provide Displace Relocation Services Prepare Relocation Payment Valuation Provide Displacee Relocation Payments Perform Property Management Activities Perform R/W Clearance Activities Prepare and Submit Certification of R/W Review and Approve Certification of R/W Submit Monumentation Layout for Project Monuments Review and Approve Agreed Layout for Project Monuments Complete new Right of Way Monumentation Prepare Record of Survey (Post-construction) Review and Comment on Record of Survey Transfer R/W to STATE - Approve and Record Title Transfer Documents Prepare R/W Record Maps Review and Accept R/W Record Maps RESPONSIBILITY STATE CITY X X X X X X X X X X X X X X X X X X X X Page 14 of 16 District Agreement No. 4-19 PROJECT ACTMTY RESPONSIBILITY STATE CITY 4, PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES Provide Quality Control Provide Quality Assurance X Prepare and Submit Preliminary Stage Construction Plans Review Preliminary Stage Construction Plans X Calculate and Plot Geometrics Cross-Sections & Earthwork Quantities Calculation Prepare and Submit BEES Estimate Put Estimate in BEES X Local Review of Preliminary Drainage Plans and Sanitary Sewer and Adjustment Details Prepare and Submit Preliminary Drainage Plans Review Preliminary Drainage Plans X Prepare Traffic Striping and Roadside Delineation Plans and Submit for Review Review Traffic Striping and Roadside Delineation Plans X Prepare and Submit Landscaping and/or Erosion Control Plans Review Landscaping and/or Erosion Control Plans X Prepare and Submit Preliminary Electrical Plans Review Preliminary Electrical Plans X Prepare and Submit Preliminary Signing Plans Review Preliminary Signing Plans X Quantity Calculations Safety Review X Prepare Specifications Prepare and Submit Checked Structure Plans Review and Approve Checked Structure Plans X Prepare Final Contract Plans Prepare Lane Closure Requirements Review and Approve Lane Closure Requirements X Prepare and Submit Striping Plan Review and Approve Striping Plan X Prepare Final Estimate Prepare and Submit Draft PS&E Review Draft PS&E X Finalize and Submit PS&E to STATE for Approval Prepare & Submit Copy of Survey Engineer's File Review Survey Engineer's File X Prepare & Submit Skeleton Plans (For use in Future Freeway Maintenance Agreement) Prepare & Submit Copy of Resident Engineer's File Prepare & Submit all Project Files & Records X X X X X X X X X X X X X X X X X X X X X X X X X Page 15 of 16 District Agreement No. 4-1917-C ATTACHMENT 3 DEFINITIONS 1. Basic Design Features - A general description of the facility: · Design speed of STATE highway facility and Local Agency roads and streets. · Number of through lanes, auxiliary lanes and locations of interchanges and separations. Widths of through lanes, medians, and shoulders for both the STATE highway facility and local roads and streets. Need for special feature such as soundwalls, transportation system management plans, HOV lanes, bridge widening, ramp metering, etc. See Figure 2-1.3A of STATE Project Development Procedures Manual for additional discussion of items to be considered as basic design features. Mandatory and Advisory Design Standards - See Topic 82, Index No. 82.1 and Tables 82.1A and 82.1B of STATE's current Highway Design Manual for the definition and listing of these items. Quality Control - The review of projects services, construction work, management, and documentation for compliance with contractual and regulatory obligations and accepted industry practices. Quality Control is performed by the project supplier. Quality Assurance - Planned and systematic actions to help assure that project components are being designed and constructed in accordance with applicable standards and contract documents. Quality Assurance is evaluating overall product performance on a regular basis to provide confidence that the produce will meet the Customer's needs and expectations. Quality Assurance is provided by the product ovener. Page 16 of 16 STAT~ OF CALIFOP, N-IA~BUSINESS, TRANSPORT ON AND HOUSING AGEIqCY DEPARTMENT OF TRANSPORTATION 111 GRAND AVENUE P. O. BOX 23660 OAKLAND, CA 94623-0660 PHONE (510) 286-5900 FAX (510) 286-6301 TTY (800) 735-2929 GRAY DAVIS, Governor Flex your power[ Be energy efficient! May 9, 2003 Mr. John Gibbs Director of Public Works City of South San Francisco 400 Grand Avenue P. O. Box 711 South San Francisco, CA 94083 Subject: Cooperative Agreements (04-1917-C and 04-1918-C) of Rte. 101 Hook Ramps Dear Mr. Gibbs, Enclosed are five (5) copies of the proposed Cooperative Agreements, No.04-1917-C and No.04-1918-C, between the State and the City of South San Francisco for the replacement of Bayshore Boulevard ramp. Please have four (4) copies of the enclosed Cooperative Agreements signed by the appropriate City officials and return them to us with a resolution adopted by the City Council approving the Agreements and authorizing its execution. After signatures by the appropriate State officials, you will be furnished a fully executed copy of the Agreements for your files. Please address all responses to the Agreements to Mr. George Lo, Branch Chef, at (510) 286-4921. Sincerely, Nita Logan District Office Chief Design South, Santa Clara-A Attachments "Caltrans improves mobility across California" 4-SM-101, KP 36.4/38.3 Bayshore Boulevard Ramp, City of South San Francisco 4-227-254901 District Agreement No. 4-1918-C COPY COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO EFFECTIVE ON between the STATE OF CALIFORNIA, acting by and Transportation, referred to herein as ~STATE", and is through its Department of City of South San Francisco, a body politic and a municipal corporation of the State of California, referred to herein as "CITY". RECITALS STATE and CITY, pursuant to Streets and Highways Code Section 130, are authorized to enter into a Cooperative Agreement for improvements to State highways within the City of South San Francisco. CITY desires to construct State highway improvements consisting of southbound on and off Hook Ramps on Route 101 at 04-SM-101, KP 36.4/38.3, referred to herein as ~PROJECT% and is willing to fund one hundred percent (100%) of all capital outlay and staffing costs, except that costs of STATE's quality assurance of construction activities will be borne by STATE. CITY desires to prepare the contract documents and advertise, award and administer the construction contract for PROJECT in order to bring about the earliest possible completion of PROJECT. STATE is agreeable to CITY's proposal to prepare the contract documents and advertise, award and administer the construction contract for PROJECT. The parties hereto intend to define herein the terms and conditions under which PROJECT is to be constructed, financed and maintained. Project development responsibilities for PROJECT are covered in a Cooperative Agreement executed by STATE and CITY as District Agreement No. 04-1917~C. Page 1 of 9 District Agreement No. 4-1918-C SECTION I CITY AGREES: To advertise, award and administer the construction contract for PROJECT in accordance with requirements of the State Contract Act and the California Labor Code, including its prevailing wage provisions. Workers employed in the performance of work contracted for by CITY, and/or performed under encroachment permit, are covered by provisions of the Labor Code in the same manner as are workers employed by STATE's Contractors. CITY shall obtain applicable wage rates from the State Department of Industrial Relations and shall adhere to the applicable provisions of the State Labor Code. Violations shall be reported to the State Department of Industrial Relations. To apply for necessary encroachment permits for required work within State highway rights of way, in accordance with STATE's standard permit procedures, as more specifically defined in Articles 2, 3, 4, 5 and 6 of Section III of this Agreement. In recognition that PROJECT construction work done on STATE property will not be directly funded and paid by STATE, for the purpose of protecting stop notice claimants and the interests of STATE relative to successful PROJECT completion, CITY agrees to require the construction contractor to furnish both a payment and performance bond naming CITY as obligee with both bonds complying with the requirements set forth in Section 3-1.02 of STATE's current Standard Specifications prior to performing any construction work for PROJECT. CITY shall defend, indemnify, and hold harmless STATE, its officers, and employees from all claims by stop notice claimants related to the construction of PROJECT under the payment bond. 4. To construct PROJECT in accordance with plans and specifications of CITY to the satisfaction of and subject to the approval of STATE. Contract Administration procedures shall conform to the requirements set forth in STATE's Construction Manual, Local Assistance Procedures Manual and the Encroachment Permit for construction of PROJECT. Construction within the existing or ultimate STATE right of way shall comply with the requirements in STATE's Standard Specifications and the Special Provisions for PROJECT, and in conformance with methods and practices specified in STATE's Construction Manual. If CITY uses its own staff or hires another entity to perform surveys, ail survey work shall conform to the methods, procedures, and requirements of STATE's Surveys Manual and STATE's Staking Information Booklet. Material testing and quality control shall conform to the STATE's Construction Manual and STATE's Material Testing Manual, and shall be performed, at CITY expense, by a certified material-tester acceptable to STATE. Independent assurance testing, specialty testing and off-site source inspection and testing for work within STATE's fight of way shall be performed by STATE, at no cost to CITY except as noted herein. CITY shall reimburse STATE for any additional travel expenses incurred by STATE for off-site inspection and testing performed by STATE which is more than 300 airline miles from both Sacramento and Los Angeles. Approval of the type of asphalt and concrete plants shall be by STATE, at STATE's expense. Page 2 of 9 District Agreement No. 4-1918-C To furnish, at CITY's expense and subject to approval of STATE, a field site representative who is a licensed Civil Engineer in the State of California, to perform the functions of a Resident Engineer. If the plans and specifications for PROJECT were prepared by a private engineering company, the Resident Engineer shall not be an employee of that company. The Resident Engineer shall also be independent of the construction contractor. 10. To pay one hundred percent (100%) of the actual costs of construction required for satisfactory completion of PROJECT, including changes pursuant to contract change orders concurred with by the STATE representative and any material furnished by STATE. 11. At CITY's expense, to furnish qualified support staff, subject to approval of STATE, to assist the Resident Engineer in, but not limited to, construction surveys, soils and foundation tests, measurement and computation of quantities, testing of construction materials, checking shop drawings, preparation of estimates and reports, preparation of As-Built drawings, and other inspection and staff services necessary to assure that the construction is being performed in accordance with the plans and specffications. Said qualified support staff shall be independent of the design engineering company and construction contractor, except that the designer of PROJECT may check the shop drawings, do softs foundation tests, test construction materials, and check construction surveys. 12. To make progress payments to the contractor using CITY funds and pay all costs for required staff services as described in Articles 9 and 11 of this Section I. The STATE representative shall review all contract progress pay schedules. STATE does not assume responsibility for accuracy of itemization on progress pay schedules. 13. Within sixty (60) days following the completion and acceptance of the PROJECT construction contract, to furnish STATE a complete set of acceptable full-sized reproducible As-Built plans on a CD-ROM (MicroStation .dgn file Release 5.0 or later) complying with STATE's current CADD Users Manual and STATE's current Drafting and Plans Manuals and all contract records, including surveys documents and all corrected original full-sized structure plans. The "As-Built' plans must also show all the detailed information required by paragraph 9.h of the variance (00-V-RAR-02) issued by the Department of Toxic Substances Control (DTSC) to STATE regarding the reuse of aerial deposited lead in soil within the projects limits. 14. Upon completion of work under this Agreement, CITY will assume maintenance and the expense thereof for any part of PROJECT located outside of current STATE right of way until acceptance of any such part of PROJECT into the State highway system by STATE, approval by the Federal Highway Administration, if required, and conveyance of acceptable title to STATE. 15. If CITY terminates PROJECT prior to completion of the construction contract for PROJECT, STATE may require CITY, at CITY's expense, to return right of way to its original condition or to a condition of acceptable permanent operation. If CITY fails to do so, STATE reserves the right to finish PROJECT or place PROJECT in satisfactory permanent operating condition. If the STATE must complete the project or return it to a satisfactory condition, CITY agrees to transfer necessary CITY right of way to STATE in order to complete the project or return the project to a satisfactory permanent operating condition. STATE will bill CITY for all actual expenses incurred and CITY agrees to pay said expenses within thirty (30) days or STATE, acting through the State Page 3 of 9 District Agreement No. 4-1918-C 16. 17. 18. Controller, may withhold an equal amount from future apportionments due CITY from the Highway User Tax Fund. If cultural, archaeological, paleontological or other protected materials are encountered during construction of PROJECT, CITY shall stop work in that area until a qualified professional can evaluate the nature and significance of the fred. Any monitoring or treatment of cultural resources shall be done according to STATE approved plan. The costs for any removal or protection of that material shall be covered as a cost of PROJECT contemplated by this Agreement. STATE's quality assurance activities referred to in Article 2 of Section II of this Agreement does not include performance of any engineering services required for PROEJCT. These services are to be performed by CITY. IF CITY requests STATE to perform any of these services, CITY shall reimburse STATE for such services. An amendment to this Agreement authorizing STATE's performance of such services will be required prior to performance of any engineering work by STATE. At CITY's expense using CITY funds, to implement all changes, as requested by STATE, as necessary for conformance to the STATE's memorandum "Effective Date for Implementing Revisions to Design Standards," in STATE's current Highway Design Manual, Section 82.5, or from revisions to STATE's Standard Plans and Specifications or policies. SECTION II STATE AGREES: Upon proper application by CITY and by CITY's contractor, to issue at no cost to CITY and CITY's contractor, the necessary encroachment permits for required work within State highway right of way, as more specifically defined in Articles 2, 3, 4, 5 and 6 of Section III of this Agreement. At no cost to CITY, to provide quality assurance activities, including a qualified representative of STATE who shall have authority to accept or reject work and materials or to order any actions needed for public safety or the preservation of property and to assure compliance with all provisions of the encroachment permit(s) issued to CITY and CITY's contractor. 3. To provide, at CITY expense, any 'State-furnished material" as shown on the plans for PROJECT and as provided in the Special Provisions for PROJECT. SECTION III IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature. Construction by CITY of improvements referred to herein which lie within the State highway right of way or which affect STATE's facilities, shall not be commenced until CITY's original contract plans involving such work and plan for utility relocations have Page 4 of 9 District Agreement No. 4-1918-C been reviewed and approved by signature of STATE's District Director of Transportation, or the District Director's delegated agent, and until an encroachment permit to CITY authorizing such work has been issued by STATE. CITY shall obtain aforesaid encroachment permit through the office of STATE's District Permit Engineer and CITY's application shall be accompanied by five (5) sets of reduced construction plans of aforesaid STATE accepted contract plans, and five (5) sets of specifications. Receipt by CITY of the approved encroachment permit shall constitute CITY's authorization from STATE to proceed with work to be performed by CITY or CITY's representative within the District proposed State fight of way or which affects STATE's facilities, pursuant to work covered by this Agreement. CITY's authorization to proceed with said work shall be contingent upon CITY's compliance with all provisions set forth in this Agreement and said encroachment permit. CITY's construction contractor shall also be required to obtain an encroachment permit from STATE prior to commencing any work within State right of way or which affects STATE's facilities. The application by CITY's construction contractor for said encroachment permit shall be made through the office of STATE's District Permit Engineer and shall include proof said contractor has payment and performance surety bonds covering construction of PROJECT. CITY shall provide a right of way certification prior to the granting of said encroachment permit by STATE, to certify that legal and physical control of rights of way were acquired in accordance with applicable State and Federal laws and regulations. 6. CITY shall not advertise for bids for the contract to construct PROJECT until after an encroachment permit has been issued to CITY by STATE. CITY's construction contractor shall maintain in force, until completion and acceptance of the construction contract for PROJECT, a policy of Contractual Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability in accordance with Section 7-1.12 of STATE's Standard Specifications. Such policy shall contain an additional insured endorsement naming the State of California, its officers, agents and employees as additional insureds. Coverage shall be evidenced by a Certificate of Insurance in a form satisfactory to STATE which shall be delivered to STATE before the issuance of an encroachment permit to CITY's construction contractor. 8. Prior to award of the construction contract for PROJECT, CITY may terminate this Agreement by written notice. During the construction of PROJECT, representatives of CITY and STATE will cooperate and consult with each other, and all work pursuant to PROJECT shall be accomplished according to approved plans, specffications and STATE's applicable standards. Satisfaction of these requirements shall be verified by the STATE representative. STATE's representative is authorized to enter CITY's property during construction for the purpose of monitoring and coordinating construction activities. 10. Changes to PROJECT plans and specifications shall be implemented by contract change orders reviewed and concurred with by STATE's representative. All changes affecting public safety or public convenience, all design and specification changes, and all major changes as defined in STATE's Construction Manual shall be approved by STATE in advance of performing the work. Unless otherwise directed by STATE's Page 5 of 9 District Agreement No. 4-1918-C representative, changes authorized as provided herein will not require an encroachment permit rider. All changes shall be shown on the "As-Built" plans referred to in Section I, Articles 11 and 13 of this Agreement. 11. CITY shall provide a construction contract claims process acceptable to STATE a_nd shall process any and all claims through CITY's claim process. The STATE representative will be made available to CITY to provide advice and technical input in any claim process. 12. If any existing public and/or private utility facilities conflict with the construction of PROJECT or violate STATE's encroachment policy, CITY shall make all necessary arrangements with the owners of such facilities for their protection, relocation or removal in accordance with STATE's policy and procedure for those facilities located within the limits of work providing for the improvement of the State highway and in accordance with CITY's policy for those facilities located outside of the limits of work for the State highway. The costs of the protection, relocation or removal shall be apportioned between the owner of the utility facility and CITY in accordance with STATE policy and procedure. CITY shall require any utility owner and/or its contractors performing relocation work in STATE's right of way to obtain a STATE encroachment permit prior to the performance of said relocation work. The requirements of the most current version of STATE's "policy on High and Low Risk Underground Facilities Within Highway Rights of Way" shall be fully complied with. Any relocated or new facilities shall be correctly shown and identified on the As-Built plans referred to in Section I, Articles 11 and 13 of this Agreement. 13. Any hazardous material or contamination of an HM-1 category found within the existing State highway right of way requiring remedy or remedial action, as defined in Division 20, Chapter 6.8 et seq. of the Health and Safety Code, shall be the responsibility of STATE. Any hazardous material or contamination of an HM-1 category found within the local road right of way during construction requiring the same defmed remedy or remedial action shall be the responsibility of CITY. For the purpose of this Agreement, hazardous material or contamination of HM-1 category is defined as that level or type of contamination which State or Federal regulatory control agencies having jurisdiction have determined must be remediated by reason of its mere discovery, regardless of whether it is disturbed by PROJECT or not. STATE shall sign the HM-1 manifest and pay all costs for remedy or remedial action withe the existing State highway fight of way, except that if STATE determines, in its sole judgment, that STATE's cost for remedy or remedial action is increased as a result of proceeding with construction of PROJECT, that additional cost identified by STATE shall be borne by CITY. CITY shall sign the HM-! manifest and pay all costs for required remedy or remedial action within the local road right of way. STATE will exert every effort to fund the remedy or remedial action for which STATE is responsible. In the event STATE is unable to provide funding, CITY will have the option to either delay further construction of PROJECT until STATE is able to provide funding or CITY may proceed with the remedy or remedial action at CITY's expense without any subsequent reimbursement by STATE. 14. The remedy or remedial action with respect to any hazardous material or contamination of an HM-2 category found within and outside the existing State highway right of way during construction shall be the responsibility of CITY, at CITY's expense, as a result of proceeding with construction of PROJECT. For the purposes of this Agreement, hazardous material or contamination of HM-2 category is defmed as that level or type of contamination which said regulatory control agencies would have allowed to remain in place if undisturbed or otherwise protected in place should Page 6 of 9 District Agreement No. 4-1918-C PROJECT had not proceeded. CITY shall sign any HM-2 storage manifest if construction of PROJECT proceeds and HM-2 material must be removed in lieu of being treated in place. 15. If hazardous material or contamination of an HM-1 or HM-2 category is found during construction on new right of way acquired by or on account of CITY for PROJECT, CITY shall be responsible, at CITY's expense, for all required remedy or remedial action and/or protection in the absence of a generator or prior property owner willing and prepared to perform that corrective work. 16. Locations subject to remedy or remedial action and/or protection include utility relocation work required for PROJECT. Costs for remedy and remedial action and/or protection shall include, but not be limited to, the identification, treatment, protection, removal, packaging, transportation, storage, and disposal of such material. 17. The party responsible for funding any hazardous material cleanup shall be responsible for the development of the necessary remedy and/or remedial action plans and designs. Remedial actions proposed by CITY on the State highway right of way shall be pre- approved by STATE and shall be performed in accordance with STATE's standards and practices and those standards mandated by the Federal and State regulatory agencies. 18. Pursuant to the authority contained in Section 591 of the Vehicle Code, STATE has determined that within such areas as are within the limits of PROJECT and are open to public traffic, CITY shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. CITY shall take all necessary precautions for safe operation of CITY's vehicles, the construction contractor's equipment and vehicles and/or vehicles of personnel retained by CITY and for the protection of the traveling public from injury and damage from such vehicles or equipment. 19. Upon completion and acceptance of the construction contract for PROJECT by CITY to the satisfaction of STATE and subsequent to the execution of a maintenance agreement, STATE will accept control and maintain, at its own cost and expense, those portions of PROJECT lying within STATE's right of way, except local roads delegated to CITY for maintenance. 20. CITY will accept control and maintain, at its own cost and expense, the portions of PROJECT lying outside the State fight of way. Also, CITY will maintain at CITY's expense, local roads within the State right of way delegated to CITY for maintenance. 21. STATE will maintain the traffic control signals and safety lighting as installed a_nd pay an amount equal to 50% of the total maintenance costs, including electrical energy costs. CITY shall reimburse STATE for CITY's proportionate share of said maintenance costs, such share to be an amount equal to 50% of the total maintenance costs, including electrical energy costs. 22. STATE will operate the traffic control signal(s) as installed and pay one hundred percent (100%) of the operation cost. 23. Upon completion of all work under this Agreement, ownership and title to materials, equipment and appurtenances installed within the State right of way will automatically be vested in STATE, and materials, equipment and appurtenances installed outside of the State right of way will automatically be vested in CITY. No further agreement will be necessary to transfer ownership as hereinbefore stated. Page 7 of 9 District Agreement No. 4-191 24. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in th/rd parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the development, design, construction, operation or maintenance of State highways different from the standard of care imposed by law. 25. Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless the STATE , all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as de£med in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 26. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. 27. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no ora/understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 28. Those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and acceptance of the construction contract for PROJECT by CITY with concurrence of STATE, or on June 30, 2007, whichever is earlier in time; however, the ownership, operation, maintenance, liability, and claims clauses shall remain in effect until terminated or modified in writing by mutual agreement. 29. At CITY request, STATE may grant CITY relief of maintenance and protection for portions of PROJECT as said portions are constructed to STATE's satisfaction. However, CITY will not be relieved of full responsibility for said constructed portions until formal written acceptance of the construction contract for the entire PROJECT in accordance with Section 7-1.15 of STATE's current Standard Specifications. 30. CITY will advertise, award, and administer multiple construction contracts to complete the project. Contract #1 (a CITY only project) started September 2001. Contract #2 (hook ramp construction) is scheduled to start on or before June 2003 and will be done in 14 months. Multiple construction contracts are required to allow for utility relocation work by others. Page 8 of 9 District Agreement No. 4-1918-C STATE OF CALIFORNIA Department of Transportation JEFF MORALES Director of Transportation By: Deputy District Director Approved as to fora and procedure: CITY OF SOUTH SAN FRANCISCO Attest: City Clerk Attorney Department of Transportation Approved as to form: Certified as to budgeting of funds: Attorney District Budget Manager Certified as to financial terms and conditions: Certified as to budgeting of funds: I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of payment to the construction contractor and to qualified support staff Accounting Administrator Fiscal Officer Page 9 of 9 StaffReport DATE: TO: FROM: SUBJECT: June 25, 2003 The Honorable Mayor and City Council Director of Public Works NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER MANAGEMENT PLAN GENERAL PROGRAM AND FEE RECOMMENDATION: It is recommended that the City Council adopt a resolution requesting that the San Mateo County Board of Supervisors use the San Mateo County Flood Control District as the funding mechanism to support the Countywide National Pollution Discharge Elimination System (NPDES) General Program. BACKGROUND/DISCUS SION: The Environmental Protection Agency, under amendments to the 1987 Clean Water Act, imposed regulations that mandate local government to control and reduce the amount of stormwater pollution runoff into receiving waters of the United States. The initial Stormwater Management Plan included tasks, schedules, and parties responsible for implementation during the initial five-year NPDES permit period (i.e., 1993-1998). The Regional Board adopted Order 93-106 and the STOPPP's Municipal Stormwater NPDES Permit No. CA0029921 in September 1993. On March 18, 1999, the San Mateo Countywide Stormwater Pollution Prevention Program's Technical Advisory Committee submitted a new San Mateo Countywide Stormwater Management Plan for the period between July 1998 through June 2003, and compiled other information needed to reapply for NPDES permit reissuance. On July 21, 1999, the Regional Board, after Public heating, approved the Renewed NPDES permit effective July 21, 1999 and which expires July 20, 2004. Staff Report ro~ Re: Date: Page: The Honorable Mayor and City Council NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER MANAGEMENT PLAN GENERAL PROGRAM AND FEE June 25, 2003 2 of 2 The General Program encompasses those efforts undertaken for the benefit of all twenty-one agency co- permittees involved with the implementation of the Stormwater Management Plan, and adherence to the conditions set forth under the Countywide NPDES Discharge Permit. The 2003-2004 NPDES General Program Budget is $1,334,014 as outlined in the attached NPDES Budget. Funding will be provided from the San Mateo Countywide General Program Budget Year 11, which is approximately $1,334,014 financed by a Countywide parcel fee levied against residential land users, commercial/retail/manufacturing/industrial land users, and miscellaneous land users. For Year 11 activities, single-family residential land users are charged $6.0074 per parcel which establishes the base rate. Miscellaneous, Condominium, Agriculture and Vacant parcels are charged $3.0037/APN; all other land uses a base rate of $6.0074/APN for the first 11,000 square feet plus $0.5442 per 1,000 additional square feet of parcel area. The use of parcel size provides for a more equitable distribution of the fee throughout the various land uses within the County. Works Approved: City Manager ATTACHMENTS: Resolution (NPDES) City/County Association of Govts. 2003-2004 Program Budget RH/JG/ed RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION RECOMMENDING THAT THE SAN MATEO COUNTY FLOOD CONTROL DISTRICT IMPOSE BASIC AND ADDITIONAL CHARGES FOR FUNDING THE EXPANDED SCOPE OF WORK FOR THE 2003-2004 COUNTYWIDE NATIONAL PO! J JUTION DISCHARGE ELIMINATION SYSTEM (NPDES) GENERAL PROGRAM WHEREAS, the Environmental Protection Agency, under amendments to the 1987 Federal Clean Water Act, imposed regulations that mandate local governments control and reduce the amount of stormwater pollutant runoff into receiving water; and WHEREAS, under the authority of California Porter-Cologne Water Quality Act, the State Water Resources Control Board has delegated authority to its regional boards to impose permitting requirements upon counties and cities; and WHEREAS, in July 1991, the San Francisco Bay Regional Water Quality Control Board notified San Mateo County of the requirement to submit an NPDES Permit Application by November 30, 1992; and WHEREAS, in furtherance of the NPDES Permit Process, San Mateo County in conjunction with all incorporated cities in San Mateo Count,y has prepared a San Mateo Countywide Stormwater Management Plan which has a General Program as a fundamental component of the Management Pan; and WHEREAS, the San Mateo Countywide Stromwater Management Plan has been submitted to the San Francisco Bay Regional Water Quality Control Board and the Management Plan has been approved by the Board and made part of the NPDES Waste Discharge Permit CA 0029921, issued September 13, 1993 and remaining in effect through June 30, 1998; and WHEREAS, the San Mateo Countywide Stormwater Management Plan and NPDES Waste Discharge Permit CA 0029921 required that San Mateo County submit a renewal application by March 31, 1998 which shall include a Stromwater Management Plan for 1998 through 2003; and WHEREAS, the City of South San Francisco has accepted, adopted and committed to implement the San Mateo Countywide Stormwater Management Plan for 1998-2003 and the renewal application and Plan was submitted to the San Francisco Regional Water Quality Control Board on March 18, 1998; and WHEREAS, the San Francisco Bay Regional Water Quality Control Board, after Public Heating, approved the Renewal NPDES Permit CA 0029921, effective July 21, 1999 and which expires July 20, 2004; and WHEREAS, the San Francisco Bay Regional Water Quality Control Board has imposed additional requirements on the NPDES General Program beyond and after those required in the Renewed NPDES Permit, dated July 21, 1999; and WHEREAS, the San Francisco Bay Regional Water Quality Control Board opened the NPDES Permit CAS0029921 for the San Mateo Countywide Stormwater Pollution Prevention Program to Amend the Permit to add New and Redevelopment Language (Amendment of Order 99-059), and adopted the Amendment on February 19, 2003; and WHEREAS, the San Mateo County Flood Control District Act, as amended by the State Legislature in 1992 (Assembly Bill 2635), authorized the San Mateo County Flood Control District to impose charges to fund storm drainage programs such as the NPDES County-wide General Program; and WHEREAS, the Basic Annual Charges and Additional Annual Charges for fiscal year 2003/04, when adopted, necessary to fund a $1,334,014 Budget for fiscal year 2003/2004 are as follows: Basic Annual Charges; Single Family Residence: $3.44/APN; Miscellaneous, Agriculture, Vacant and Condominium: $1.72/APN; All Other Land Uses: $3.44/APN for the first 11,000 square feet plus $0.3127 per 1,000 square feet additional square feet of parcel area; Additional Annual Charge (Adjusted Annually by C.P.I.); Single Family Resident: $2.5674/APN; Miscellaneous, Agriculture, Vacant and Condominium: $1.2837/APN; All Other Land Uses: $2.5674/APN for the first 11,000 square feet plus $0.2315 per 1,000 additional square feet of parcel area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that: The City of South San Francisco approves the expanded Scope of Work imposed on the NPDES General Program and respectfully requests the San Mateo County Board of Supervisors, acting as the government board of the San Mateo County Flood Control District, impose those basic and additional charges necessary to fund the County-wide NPDES General Program; and The City of South San Francisco requests that all properties within the territorial limits of said City be charged the basic and additional annual charges in accordance with said charges stated above; and o The City Clerk is hereby directed to forward a copy of this Resolution to the San Mateo Board of Supervisors, the San Mateo County Flood Control District and to the NPDES Coordinator of C/CAG. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a Regular meeting held on the __ day of ,2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: S:\Cttrrent Reso's\6-26NPDES.res.doc ATTEST: City Clerk 04/30/03 REVENUEE Interest Earning a C~t Ra~bume~nts ~ST~ Gran~ SFIA Tra~ Stud~ TFCA N¢DES AVA M~llan~us To~l Re~enue~ TOTAL EOURCES ~ FUNDS .......... .~ NPDES PROGRAMS FUND FY 2~)3-04 IPROGRAM BUDGET ~ JULY ~ ,.2~3 - J~NE 3Q, 2004 S714,10g ] . _ $ I Ob.~O~ S~e ~ntr~ ]Pafl~t~n I~ Ois~Ma~ A~s Man~o~g P~cipa~n ~t5.0~ $1.369.096 SO SO $0 $0 tO I $0 t 1,:~84.096 PROJECTED EXPENDtTUREE Admini~t~ation Sen~oe ~ Prc~esslonm Servtcea Su~ie~ Pr~, D~s & Mem~hips Publ~ns TFCA NPDE3 Dis~s AVA Mis~lan~s TO~I Tmnsf~ In T~nsfe~ Out To~I NET CHANGE T~NSFER T~ TOTA~ USE OF FUN~ ENDING FUND RESER~ FUND BA~NCE New Devel. & Pul~li~ Into & C<~mm,&iqdus M~lcip~i' Walert, hed Pe~t Renewe M~llan~us Site C~ PaA~t~ I~t Di~ ~. A~I Monlto~g $25.2~ $38.~ ~7~535 $12,100 $37.3~ $0 ~5,0~ ~ $0 ~113,425 ~139.22g $2to.g17 ~,9~ $66,710 $2~;939 t126 ~191 $187 ~ S186 S252 $3~1 t374 S121 $372 SO SIS,000 ~0 ~- $0 $1~.780 $25,420 ' - ~24,~,0 t8.O40 $24.820 $188,358 $342,311 3276,981 S69.291 $349.0?3 SO SO. $0 S0 SO SO $0 ($t86,358) ($342,311) ($275,g81) (~9,2911 (S389,073) ($50,~00) M,3~4,096 ] Note: Beglnnin~ Ending ='(e~ec~,~ Fund Balance is rlo~ i~uded In Beglnhlng; Endim~ Fund 81~lllnce NPDE8 PROGRAM8 FUND }1,334,014 $0 tO t714,169 $t,334.014 S76d,'J91 Staff Report DATE: TO: FROM: SUBJECT: June 25, 2003 The Honorable Mayor and City Council The Director of Public Works RESOLUTION APPROVING THE INSTALLATION OF TWO-WAY STOP SIGNS ON EVERGREEN DRIVE AT CRESTWOOD DRIVE RECOMMENDATION: It is recommended that the City Council adopt a resolution to install two-way stop signs on Evergreen Drive at Crestwood Drive in response to a petition received by residents in the Sunshine Gardens neighborhood. BACKGROUND/DISCUS SION: In the Capital Improvement Program (CIP) FY 2002-2003, a project was included to install a traffic circle at the intersection of Evergreen Drive and Crestwood Drive. The purpose of the traffic circle was to reduce speeding on Evergreen Drive and deter BART or non-local traffic from using this roadway, encouraging the use of Lawndale Boulevard. During the week of January 12, 2003, 102 public notices were mailed to residents along Evergreen Drive from Mission Road to Hillside Boulevard, indicating the City's plan to install a traffic circle at the intersection of Evergreen Drive and Crestwood Drive. Following the notices being mailed, Engineering received numerous calls and visits from residents adamantly against the installation. They were mainly concerned about the reduction in parking near the intersection and the installation of red curb. The red curb is required in order to remove parking and provide access for fire vehicles to maneuver around the circle. At that time, the residents verbally requested that instead of traffic circles they would prefer a stop sign be installed on Evergreen Drive. Recently, staff received a petition with over two hundred (200) signatures in support of the installation of two-way stop signs on Evergreen Drive at Crestwood Drive. Thus, staff is recommending that the City Council adopt a resolution to install two-way stop signs on Evergreen Drive at Crestwood Drive. Staft Report ro~ Re: Date: The Honorable Mayor and City Council Resolution Approving the Installation of Two-way Stop Signs on Evergreen Drive at Crestwood Drive June 25, 2003 Page: 2 of 2 No additional funding would be necessary to install the stop signs at this location. The stop signs and poles are in stock with the Street Maintenance Division and the time used to install the signs and pavement markings would be charged to general street maintenance. By:'-. .... Jo ~~ Director of Pubhc Works Michael ATW~lson~'' City Manager ATTACHEMENTS: Resolution Vicinity Map - Exhibit 1 Location Map - Exhibit 2 Petition TS/JG/ed RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE INSTALLATION OF TWO-WAY STOP SIGNS ON EVERGREEN DRIVE AT CRESTWOOD DRIVE WI-IEREAS, staff recommends the installation of two-way stop signs on Evergreen Drive at Crestwood Drive in response to a petition received by residents in the Sunshine Gardens neighborhood; and WHEREAS, no additional funding would be necessary to install the stop signs at said location. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves the installation of two-way stop signs on Evergreen Drive at Crestwood Drive. * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a Regular meeting held on the day of __, 2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: S:\Current Reso's\6-25 stop.si~.res.doc ATTEST: City Clerk TWO- WA Y "S TO.P NSTALLATION ON EVERGREEN AT CRESTWOOD IRIS CT ,/ NO. DATE REVISION CITY OF SOUTH SAN FRANCISCO DEPARTMENT OF PUBLIC WORKS BY APP'D. SCALE 1':600' DATE: 06/19/03 SHEET: 1 EVERGREEN DR. AT CRESTWOOD DR. VICINITY MAP - Exhibit 1 APPROVED: [ DRAWN: KCM EVERGREEN STOP NEW INSTALLATION STO EXISTING PROPOSED EVERGREEN AT CRESTWOOD DRIVE · -.-.., = sT^.o^.o ,6-s~-o~. s,o..o~,.~o o. ^ 2. ~,,^. ,o.~ EXHIB IT 2 ~ur~-i7-03 07:56P R~stan~-F~tima V~t Hoop Mater Dolorosa School 10<i0 Miller Avemjc No. San Frm~cisc:o, C.'l. 9.5080 1.65()) 58,$-','I 175 phone 1650i 58g-0426 fax P.02 June 12, 2003 County Supervisors Soutta San Franei,sco Council Members Mayor, South San Franc/,~co On bet~alf of Mater Dolcm~sa Elementary School, I am ,,wiring 'to suppori petition of Francine E DeLosa regarding the placement of two stop signs Evergreen Drive and Crestwood. Mater Dolorosa Elementary School is located .~t~ 1040 Miller Avenue. Many of our smdeats walk to school and must cross str,:cts with heavy trallic in the area, Widl ~hc additkm of BART' ~;mffic during thc nrc,ming commute wu are concerned thai our chi Idren are being placed Ln grave dante:er, because ofthtsrrated commuters in a hurry looking for parking or trying to leave the area. Old Mis.qion Road is becoming a nightmare to :ravel with a new street being opened, heavy B~.RT traffic during thc early ntoming commute time and the E! Cam ino I ligh Sct',ool students "{lying xound tl:c neighborhood", While B A r~ T is a welcome addition it does pose major traffic concerns. PI,EASE, PI,EASI",. PLEASE protect our children by placing st,p .qgns on Evergl'een Drive ~md Crestwood. Two s~op sign~ cost nothing - the death of a child would bc tragic. /1 /" St!atOll'!. K, Udovich / Director o!' Dmvelopment Petition. The residents of Sunshine Gardens, hereby request that the county Supervisors, Council and Mayor, agree, to place two stop signs on Evergreen Drive (and Crestwood). As a .registered voter, your signature states that you would like the stop signs placed. PRINT NAME ADDRESS CITY ~,.,,,;-~~/,-..> }an.~'~.'ll~~ ,Ss ~ ~x E~ ~c a~c.~ AvE S 4, ~ ZIP l SIGNATURE CODE Petition The residents of Sunshine Gardens, hereby reguest that the county Supervisors, Council and Mayor, agree to ph,~e two stop signs on Evergreen Drive (and Cr~twood). As a registered vote~; your Mgnature states that you would like the stop signs placed. Petition The residents of Sunshine Gardens, hereby request that the county Supervisors, Council and Mayor, agree to place two stop signs on Evergreen Drive (and CreStwood). As a registered voter, your signature states that you would like the stop signs placed. PRINT NAME ADDRESS CITY ZIP SIGNATURE CODE Petition The residents of Sunshine Gardens, hereby request that the county Supervisors, Council and Mayor, agree to place two stop signs on Evergreen Drive (and Crestwood). As a registered voter, your signature states that you would like the stop signs placed. PRINT NAME ADDRESS CITY ZIP SIGNATURE._ ,~ ¥~ ~ · .......... Petition The residents of Sunshine Gardens, hereby request that the county Supervisors, Council and Mayor, agree to place two stop signs on Evergreen Drive (and Crestwood). As a registered voter, your signature states that you would like the stop signs placed. PRINT NAME ADDRESS CITY ZIP SIGNATURE CODE ,~ Petition The residents.of Sunshine Gardens, hereby req~uest that the county Supervisors, Council and Mayor, agree to pla, ce two stop signs on Evergreen Drive (and Crestwood). As a registered votex; your ~ture states that you would like the stop signs placed. PRINT NAME . ADD~ CIT~, ZIP /~ SJEGI~IATUI~, _.. Petition The residents of Sunshine Gardens, hereby request that the county Supervisors, Council and Mayor, agree to place two stop signs on Evergreen Drive (and Crestwood). As a registered voter, your signature states that you would like the stop signs placed. PRINT NAME ADDRESS CITY ZIP CODE SIGNATURE Petition The residents of Sunshine Gardens, hereby request that the county Supervisors, Council and Mayor, agree to place two stop signs on Evergreen Drive (and Crestwood). As a registered voter, your signature states that you would like the stop signs placed. NAME 1/?t~ ~' ~ IP ,~.~ ' ADDRESS CITY ZIP/ CODE q~o ~ SIGNATURE Petition The residents of Sunshine Gardens, hereby request that the county Supervisors, Council and Mayor, agree to place two stop signs on Evergreen Drive (and Crestwood). As a registered voter, your signature states that you would like the stop signs placed. PRINT NAME ADDRESS CITY ZIP SIGNATURE Petition The residents of Sunshine Gardens, hereby request that the county Supervisors, Council and Mayor, agree to place two stop signs on 'Evergreen Drive (and Crestwood). As a registered voter, your signature states that you would like the stop signs placed. PRINT NAME ADDRESS CITY 'ZIP SIGNATURE CODE Petition The residents of Sunshine Gardens, hereby request that the county Supervisors, Council and Mayor, agree to place two stop signs on Evergreen Drive (and Crestwood). As a registered voter, your signature states that you would like the stop signs placed. PRINT NAME ADDRESS CITY ZIP SIGNATURE CODE 5SF Jun-16-03 12:17A Re.tang-Fatima Vet Hoop 650 991 172B P.03 Petition The residents of Sunshine Gardens, hereby r:~uest that the county Supervisol~, Council and Mayor, agree to phl.[:e two stop signs on Evergreen Drive (and Crtstwood). As a registered votem', your sikqmture states that you would like the stop signs placed. Petition The residents of Sunshine Gardens, hereby request that the county Supervisors, Council and Mayor, agree to place two stop signs on Evergreen Drive (and Crestwood). As a registered voter, your signature states that you would like the stop signs placed. PRINT NAME ADDRESS CITY ZIP SIGNATURE CODE StaffReport DATE: TO: FROM: RE: June 25, 2003 Honorable Mayor and City Council Conference Center Executive Director Fiscal Year 2003-04 Interim Funding for the South San Francisco Conference Center RECOMMENDATION It is recommended that the City Council approve interim funding for Fiscal Year (FY) 2003- 04 for the South San Francisco Conference Center. BACKGROUND To enable the continued operation of the Conference Center while the FY 2003-04 budget is finalized, it is recommended that the City Council approve interim funding for FY 2003-04 for ninety (90) days through September 28, 2003. The interim funding appropriation is one third (1/3) of the approved FY 2002-03 budget. It is anticipated that the Conference Center Authority will review and subsequently approve the budget in July. After that time, the budget will be presented to the City Council. /Sandra M. O'Toole Executive Director Attachment: Resolution RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING INTERIM FUNDING FOR FISCAL YEAR 2003-04 FOR THE SOUTH SAN FRANCISCO CONFERENCE CENTER WHEREAS, estimates of revenues from all sources and estimates of expenditures required for the proper conduct of activities of the South San Francisco Conference Center for Fiscal Year 2003-04 are being prepared; and WHEREAS, fiscal conditions may require additional time for development of budget priorities; and WHEREAS, it is the intention of the City Council to grant interim spending authority to allow for the continued orderly operation of the South San Francisco Conference Center for a period of ninety (90) days from July 1, 2003; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that it finds: Interim spending authority is hereby granted for a period of ninety (90) days from July 1, 2003, through September 28, 2003, to allow for the continuation of operations and projects of the Conference Center. All amounts necessary for the continued operation of the Conference Center for the ninety (90) day period set forth in Paragraph 1 are hereby appropriated for expenditure. Such appropriation shall be based upon the Fiscal Year 2002-03 Operating Budget in a ratio of 365 to 90. All annual contracts, leases and obligations previously entered into and agreed to by the Conference Center Authority may be renewed. The funds necessary to finance such renewals are hereby appropriated. The distribution of the appropriations, transfers and reserves to the various accounts of the Conference Center in accordance with generally accepted accounting practices and consistent with the approved budget is hereby authorized. o The rollover of any outstanding encumbrances from Fiscal Year 2002-03 into Fiscal Year 2003-04 is hereby authorized. o ° o The rollover of any unencumbered appropriations from Fiscal Year 2002-03 into uncompleted capital improvement project is hereby authorized. The staffing level for the Conference Center contained within the 2002-03 operating budget is hereby authorized for a period of ninety (90) days. Consistent with the limitations set forth herein, any and all expenditures for, and agreements relating to, the programs and materials described in the budget may be expended or entered into under authority of the Conference Center Authority, are hereby approved and authorized, and payments here fore may be made. 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 ,2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk Staff eport DATE: TO: FROM: SUBJECT: June 25, 2003 Honorable Mayor and City Council Jennifer A. Bower, Director of Human Resources Resolution Approving the Adoption of the Self-directed Tax Advantaged Retirement System (STARS) Program RECOMMENDATION Adopt a resolution approving the addition of the Self-directed Tax Advantaged Retirement System (STARS) program to the City's 457 Deferred Compensation Plan effective August 1, 2003. BACKGROUND The City has a 457 Deferred Compensation Plan wherein employees can save for retirement with pre- tax dollars. The City offers its 457 Plan through Great-West. The City of South San Francisco Deferred Compensation Plan Committee, comprised of City employees, voted to add the STARS Program in addition to Great-West. STARS: The Association of Bay Area Governments (ABAG) established a special program called the Self-directed Tax Advantaged Retirement System (STARS) program to obtain certain discounted investment, recordkeeping, non-discretionary plan administrative services and custodial services for public agencies participating in STARS. With Council's approval, this change will enhance the City of South San Francisco Deferred Compensation Plan by offering City employees the oppommity to avail themselves of the many benefits afforded through ABAG's deferred compensation plan. By: Jennifer A. Bower Director of Human Resources City Manager JAB-06/18/03 S:XBenefits\457 Deferred Comp Plan\STARS~StaffRepog - STARS 6-2003.doe RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE ADDITION OF THE SELF- DIRECTED TAX ADVANTAGED RETIREMENT SYSTEM (STARS) PROGRAM TO THE CITY'S 457 DEFERRED COMPENSATION PLAN EFFECTIVE AUGUST 1, 2003 AND AUTHORIZING INDIVIDUALS TO ACT ON BEHALF OF PLAN WHEREAS, the Association of Bay Area Governments (ABAG) established a special program called the Self-directed Tax Advantaged Retirement System (STARS) program to obtain certain discounted investment, recordkeeping, non-discretionary plan administrative services and custodial services for public agencies participating in STARS; and WHEREAS, the City's 457 Deferred Compensation Plan Committee voted to add the STARS Program to the City's Plan, this change will enhance the City of South San Francisco's Deferred Compensation Plan and enable City employees to take advantage of the joint efforts of the Association of Bay Area Governments; and WHEREAS, the City Council desires to approve the addition of the Self-directed Tax Advantaged Retirement System (STARS) program to the City's 457 Deferred Compensation Plan effective August 1, 2003; and WHEREAS, Employer has established a custodial account for which VALIC Trust Company serves as Custodian; and WHEREAS, the Employer desires to authorize certain individuals to act on behalf of the Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council approves the addition of the Self directed Tax Advantaged Retirement System (STARS) program to the City's 457 Deferred Compensation Plan effective August 1,2003. BE IT FURTHER RESOLVED that the fullest authority at all times has been invested in the individuals named below who are empowered to execute any documents that VALIC Trust Company require relevant to the administration or management of the Plan and Plan assets. To take any and all action deemed by any of them to be proper in connection with said Plan, including, but not limited to, authority to give written or oral instructions to VALIC Trust Company with respect to the Plan and Plan assets. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a Regular meeting held on the ~ day of AYES: ,2003 by the following vote: NOES: ABSTAIN: ABSENT: S:\Current Reso's\6-25.STARS.res.doe ATTEST: City Clerk Staff Report DATE: TO: FROM: SUBJECT: June 25, 2003 The Honorable Mayor and City Council Director of Public Works STORMWATER MANAGEMENT FISCAL YEAR 2003-2004 PROGRAM RATE STRUCTURE FOR RECOMMENDATION: It is recommended that the City Council conduct a Public Hearing and adopt a resolution establishing Stormwater Management Program charges for the 2003-2004 fiscal year (FY). It is also recommended that Council adopt the Finance Director's Report of FY 2003-2004 Stormwater Management Service Fees. BACKGROUND/DISCUSSION: Introduction The 2003-2004 Fiscal Year marks the eleventh year of South San Francisco's participation in the Stormwater Pollution Prevention Program mandated by Federal and State Governments. The current program fee structure was adopted by Council on July 19, 1995, and represents an equitable distribution of costs taking into consideration the size and use of the parcel and the estimated amount of stormwater runoff generated by the parcel. This fee calculation strategy is similar to the process used by other stormwater management programs including the San Mateo County General Program. By direction of the City Council, stormwater program charges are to be adjusted so as not to exceed actual program expenses. The proposed stormwater program charges herein were developed in response to Council's direction and are the same charges as the prior year. Regulations The Environmental Protection Agency, under amendments to the 1987 Clean Water Act, imposed regulations that mandated local government to control and reduce stormwater pollution runoff. The framework for regulating stormwater discharges is through a National Pollution Discharge Elimination System Permit (NPDES). The permit is implemented and enforced by the State Water Resources Control Board through its regional agency. Staft Report To: Re: Date: The Honorable Mayor and City Council Stormwater Management Program Rate Structure for Fiscal Year 2003-2004 June 25, 2003 Page: 2 of 4 South San Francisco, in cooperation with the other jurisdictions in San Mateo County, jointly reapplied for their Municipal Stormwater NPDES Permit on March 18, 1998. A requirement of the NPDES permit was the development of a five-year action plan known as the Stormwater Management Plan. The Plan covers the period from July 1998 through June 2003 to prevent and control stormwater pollution in San Mateo County. STOPPP's initial Stormwater Management Plan covered the previous five-year period. The Stormwater Management Plan (SWMP) contains two-year work plans with budgets that describe in more detail how the General Program' s portion of the five-year SWMP will be completed. The two-year work plans and budgets will be updated annually to include the subsequent fiscal year and submitted to the San Francisco Bay Regional Water Quality Control Board (Regional Board) each March. The SWMP also contains detailed performance standards that identify what each of the member agencies is committed to do to control stormwater pollutants from the storm drains and conveyance systems that it owns and/or operates. STOPPP will review these performance standards every two years and revise them as needed. New and modified performance standards will be incorporated following the approval process described in the reissued NPDES permit. Examples of General Program responsibilities include: · Coordinating the overall program efforts. · Submitting consolidated quarterly, semi-annually, and annual reports to the Regional Water Quality Control Board. · Develop and sponsor training workshops. · Develop educational/informational materials for dissemination within jurisdictions. Examples of City Specific Program activities include: · Street sweeping, storm drain cleaning, and other maintenance-related activities that may have an impact on stormwater quality. · To minimize or eliminate potential stormwater pollution sources at commercial and industrial facilities through inspection and educational outreach activities, and to effectively prohibit illicit discharges (such as oil, paint, or soapy washwater) to the municipalities' storm drain systems. · Educating the public about the differences between the sanitary sewer and storm drain systems and the causes of stormwater pollution in order to encourage residents to adopt less polluting and more environmentally beneficial practices. Staff Report To~ Re: Date: The Honorable Mayor and City Council Stormwater Management Program Rate Structure for Fiscal Year 2003-2004 June 25, 2003 Page: 3 of 4 · Prohibiting non-stormwater discharges from construction sites, reducing stormwater pollutant discharges from new development and construction activities to the maximum extent practicable, and requiring compliance with stormwater Best Management Practices (BMP's) and erosion/sedimentation control at construction sites. · Identifying effective BMP's and developing tools and analyzing information needed to identify and help solve creek drainage basin-specific water quality and beneficial use impairment problems. Fiscal Year 2002-2003 Pro~ram Accomlffishments Some of South San Francisco's 2002-2003 Program accomplishments are listed below: · Responded to 18 various spills or illicit discharges (i.e. paint, oil, fuel, or concrete materials) that could enter into the storm drains. · Reviewed several building and construction plans and prepared written comments requesting incorporation of stormwater pollution prevention measures and post construction measures. · SSF Staff participated with the San Mateo Countywide Stormwater Program in staffing the booth at the San Mateo County Fair that was held August 2002. · On September 21, 2002, the City of South San Francisco's Stormwater Program along with the Water Quality Control Plant participated in the City's Annual Day in the Park. · On Saturday, October 05, 2002, the City of South San Francisco's Stormwater Program along with the City of South San Francisco Beautification Committee co-sponsored a Creek Clean-Up Event at our new site behind Utah and Littlefield Avenues. This was a two-hour event with approximately 30 staff and community people picking up debris and trash. · On April 22 2003, the Environmental Staff participated in the Bay area Earth Day Event. Staff held a Mercury Thermometer Exchange at the Municipal Services Building. From 11:00 am to 2:00 pm staff exchanged approximately 58 mercury thermometers for a NexTemp Personal Reusable Oral thermometer. · The Office of Environmental Compliance is continuing its School Outreach Program to the 3-4t~ grade students. Staff Report To~ Re: Date: The Honorable Mayor and City Council Stormwater Management Program Rate Structure for Fiscal Year 2003-2004 June 25, 2003 Page: 4 of 4 SUMMARY: The proposed program budget for fiscal year 2003-2004 is $530,856. Funding will be provided from program service fees and can-y-over funds from the previous fiscal year. A breakdown of programs' fees, according to classification type, can be seen in Exhibit A. This assessment is collected by the San Mateo County Assessor via property tax billings as in the previous year. The deadline to place the stormwater program assessment on the tax rolls is August 5, 2003. By: · Jo Directdr of Public Works Appr°ved: ~c/~ha e~ll A.~Wi 1 son~ City Manager ATTACHMENTS: Resolution Approving Stormwater Management Service Charges Resolution adopting Report of Stormwater Management Services Fees for Fiscal Year 2003-2004 Exhibit "A" Program Fees RH/JG/ed RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ADOPTING A REPORT OF STORMWATER MANAGEMENT SERVICES FEES FOR FISCAL YEAR 2003-2004 AND APPROVING STORMWATER MANAGEMENT SERVICE CHARGES FOR FISCAl, YF. AR 2003-2004 WHEREAS, Municipal Code Chapter 14.04 enables the City to levy charges for the local portion of the San Mateo County Stormwater Management Program; and WHEREAS, notices were published and a public heating was held on June 25, 2003 as required for the enactment of the subject stormwater fees; and WHEREAS, funding for the local program requires $530,856; and WHEREAS, the Stormwater Service Charges are maintained at the level established in Fiscal Year 2002-2003. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council adopts the Finance Director's Report of Fiscal Year 2003-2004 Stormwater Management Service Fees. BE IT FURTHER RESOLVED that the City Council hereby adopts the Stormwater Management Service Charges formula attached hereto as Exhibit "A." for Fiscal Year 2003-2004. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a Regular meeting held on the ~ day of ,2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: S:\Current Reso's\6-25stormwater.management. res.doc ATTEST: City Clerk REPORT OF STORMWATER MANAGEMENT SERVICES CHARGES FOR 2002-2003 IN ACCORDANCE WITH CHAPTER 14.04 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE In accordance with Chapter 14.04 of the South San Francisco Municipal Code, the following report prepared as of June 11, 2003 is submitted. This report describes the procedure for charging those parcels of real property, which receive benefits of stormwater system services, and the amount of the annual charge, which will be imposed against each parcel for Fiscal Year 2003-2004. 1. Summary of Charges All single-family residential properties $122,164 All multi-family residential properties (Including duplexes) $ 56,392 All commercial/industrial $209,420 Parking lots $ 11,063 Vacant $ 5,101 Total $404,140 This report refers to and incorporates by reference the report entitled "Notice of Proposed City of South San Francisco Stormwater Management Program Rate Structure" for Fiscal Year 2003-2004 prepared by and on file in the Office of the Environmental Compliance Coordinator. That report summarizes the 2003-2004 charges that will be proposed by the City Council on June 25, 2003. Upon adoption of the proposed charges, or amendments thereto, a report entitled "City of South San Francisco Stormwater System Charges," prepared by Engineering Data Services, Los Altos, California will be completed; it will describe the amount of annual charge imposed against each parcel, by Assessor's Parcel Number, for fiscal year 2003-2004. All of these documents, including this report, shall be filed with the County Tax Collector or Auditor. Accompanying the filing of this report, shall be the Clerk's endorsement that the report has been duly adopted by the City Council. Dated: J. Steele Director of Finance CLERK'S STATEMENT I, Sylvia M. Payne, City Clerk of the City of South San Francisco, a municipal corporation, do hereby certify that the foregoing report was adopted by the City Council on the day of _.. ,2003 by Resolution No. RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ADOPTING A REPORT OF STORMWATER MANAGEMENT SERVICES FEES FOR FISCAL YEAR 2003-2004 PURSUANT TO SOUTH SAN FRANCISCO MUNICIPAL CODE SECTION 14.04.110 WHEREAS, the City Council has given notice and on June 25, 2003, held a public hearing as required by law on the subject stormwater rates;and WHEREAS, the rates imposed and reflected in the Report of Stormwater Management Services Fee for Fiscal Year 2003-2004 are the same as the unit rates imposed in Fiscal Year 2002- 2003. NOW, THEREFORE, BE IT RESOLVED that the City Council, by a minimum two-thirds vote, hereby adopts the Report of Storrnwater Management Services Fee for Fiscal Year 2003-2004, and directs that the rates so established shall be collected on the official tax assessment roll, together with real property taxes, and that the amount shall constitute liens upon the properties which shall be effective at the same time and to the same extent as is provided for by law in the case of real property taxes, with like penalties for delinquencies. 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 ,2003 by the following vote. AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk EXHIBIT "A" TO RESOLUTION NO. PUBLIC ItEARING NOTICE OF PROPOSED CHARGES FOR 2003-2004 CITY OF SOUTH SAN FRANCISCO STORMWATER MANAGEMENT PROGRAM FEES NOTICE IS HEREBY GIVEN that the City Council of the City of South San Francisco on Wednesday, June 25, 2003, at 7:30 p.m. in the City Council Chambers, Municipal Services Building, 33 Arroyo Drive, South San Francisco, California, will consider the adoption of Stormwater Management Program Fees for Fiscal Year 2003-2004 pursuant to Chapter 14.04 of the South San Francisco Municipal Code, and any, and all interested persons may appear and be heard thereon. The following formula, proposed for adoption, shall be used to calculate stormwater service fees for each parcel: PARCEL SIZE + BASE THRESHOLD (sq. footage) (average sq. ft. of single family dwelling) [ number of EDU's] x EDU = ANNUAL RATE SERVICE (per class) FEE Samole Fees oer Classification: Type of Parcels Annual Rate Single Family Residential 5,400 sq.ft. + 5,352 sq.ft. (base) [ 1 EDUI x $8.72 = 8.72 Multi-Family Residential 10,700 sq.ft. + 5,352 sq.ft. (base) x $17.42 [ 2 EDU's] Commercial/Industrial (a) 20,000 sq.ft + 5,352 sq.ft. (base) x $17.86 [ 3.73 EDU's] $ 34.84 $ 66.74 (b) 43,560 sq.ft. (1 acre) + 5,352 sq.ft. (base) [8.13 EDU's} x $17.86 = $ 145.36 Vacant 10,000 sq.ft. + 5,352 sq.ft. (base) x $1.74 [2 EDU's] = $ 3.26 Parking Lots 10,000 sq. ft. + 5,352 sq. ft. (base) x $26.14 $ 48.84 The actual per parcel Stormwater Program Fees scheduled for adoption will be available for review in the City Clerk's Office. Questions concerning Stormwater Program Fees should be directed to the Environmental Compliance Coordinator, Water Quality Control Division, Department of Public Works (650) 877-8634. Date: Sylvia Payne City Clerk City of South San Francisco StaffReport DATE: TO: FROM: SUBJECT: June 25, 2003 The Honorable Mayor and City Council Director of Public Works PROPOSED SEWER RATE INCREASE AND "REPORT OF ANNUAL SEWER RENTALS AND CHARGES" FOR FY 2003-2004. RECOMMENDATION: It is recommended that the City Council conduct a public hearing, adopt a resolution establishing sewer service rates for FY 2003-2004, amending the master fee schedule to include the rates, and adopting the "Report of Annual Sewer Rental and Charges" for FY 2003-2004. BACKGROUND/DISCUSSION: In June 2000, in accordance with the requirements of Proposition 218, the City notified by mail the owners of property in South San Francisco of proposed rate increases of up to 5 % each year for FY 2001 through FY 2005. It was explained in the notice that the rate increases were needed to finance capital improvements for the City' s Water Quality Control Plant and sanitary sewer system. A presentation of the improvements and financial requirements was given to the public at E1 Camino High School in July 2000. The improvements allow the City to comply with state and federal clean water requirements intended to protect the San Francisco Bay and public health. On August 1, 2000, at its public hearing, the City Council approved a resolution containing a five-year schedule of charges that called for a 5 % rate increase for FY 2000-01 and FY 2001- 02 and increases up to 5% for FY 2002-03, FY 2003-2004, and for FY 2004-2005. The revenue generated by the sewer service charges fund the following cost categories: · Treatment Plant Operating Costs · Sewer Maintenance Costs Sewage Pump Stations Costs · Industrial Waste Control Costs · Debt Service Costs associated with the capital improvements Staff Report To: Re: Date: Page: The Honorable Mayor and City Council Proposed Sewer Rate Increase and "Report of Annual Sewer Rentals and Charges for FY 2003-2004 June 25, 2003 2 of 3 The capital improvements at the treatment plant, including the BCDC-required nature- viewing trail and bridge over the Colma Creek tidal slough, were completed by August 2002. The plant improvements now allow the plant to reliably treat up to 13 million gallons per day as needed to meet state requirements contained in the City's National Pollutant Discharge Elimination (NPDES) permit. Designs of wet-weather capital projects have been completed and are going through the public bidding process. These projects are: · An effluent storage basin to prevent wastewater overflow to Colma Creek · Major pump station improvements to prevent sanitary sewage overflows · Two major force mains to convey wet-weather flows to the treatment plant · General sanitary sewer rehabilitation to reduce storm water inflow and infiltration The projects are required by the State Regional Water Quality Control Board in its Cease and Desist Order issued to the City in 1997 in order to prevent sewage overflows from sanitary sewers and effluent pump station that have occurred during severe rain storms in the past. Such overflows are a violation of the City' s NPDES permit. The permit requires only treated wastewater to be discharged to the San Francisco Bay. CONCLUSIONS: Bartle Wells Associates, an independent financial advisory firm, recently updated the financial forecast for the City that they prepared in May 2000. Based on this evaluation which includes updated estimates of revenue and expenses for the wet-weather program and Colma Creek bank restoration, the staff recommends that the maximum 5% rate increase be adopted for FY 2003-04. The proposed sewer service rates were determined in accordance with State guidelines. Staff believes that they are a fair and equitable allocation of costs to the various classes of users and are in proportion to the amount of sewage discharged into the sewer system. The current annual rate for a residence is $207. The proposed rate is $217 which amounts to about 83 cents per month more. A comparison of the existing rates and the proposed rates for all classes of users and a comparison of the residential rates for other cities in San Mateo County are attached. Staff Report To' Re: Date: The Honorable Mayor and City Council Proposed Sewer Rate Increase and "Report of Annual Sewer Rentals and Charges for FY 2003-2004 June 25, 2003 Page: 3of3 A notice of water usage and estimated sewer service charges was sent on May 5, 2003, to all commercial property owners in the South San Francisco service area for a 30-day protest period as required by the Municipal Code. The City Clerk had a notice of the proposed rates published in a local newspaper as required by the Municipal Code. Dire tor of Public Works City Manager ATTACHMENTS: Resolution establishing Sewer Service Rates for FY 2003-2004 and adopting "Report of Annual Sewer Rentals and Charges for FY 2003-2004." Exhibit "A" to Resolution, Sewer Rates for Fiscal Year 2003-2004. Proposed Sewer Rate Increase sent to parcel owners in June 2000. Survey of Residential Sewer Service Charges in San Mateo County. RH/JG/ed RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ADOPTING A REPORT OF ANNUAL SEWER RENTAL CHARGES FOR 2003-2004 PURSUANT TO CHAPTER 14.12 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE, APPROVING SEWER RATES EFFECTIVE FISCAL YEAR 2003-2004 AND AMENDING THE MASTER FEE SCHEDULE TO INCLUDE THE RATES WHEREAS, by Chapter 14.12 of the South San Francisco Municipal Code the City Council is authorized to establish sewer rates by resolution; and WHEREAS, in May 2000, the City Council reviewed the implementation of the 5 year rate increase of 5 % for 2000-2001, and 5 % for 2001-2002, and up to 5 % annually through 2004-2005 to finance costs associated with the Water Quality Control Plant, including expansion thereof; and WHEREAS, notice of the proposed increase and the public heating was pubhshed in the San Mateo County Times; and WHEREAS, the City Council has given notice and on June 25, 2003, held a public heating as required by law on the subject sewer rates; and WHEREAS, the rates reflected in the Report of Annual Sewer Rental Charges are consistent with the five-year financing plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby adopts a report of Annual Sewer Rental Charges for 2003- 2004 pursuant to Chapter 14.12 of the South San Francisco Municipal Code. BE IT FURTHER RESOLVED that the schedule of rates set forth in the attached Exhibit "A" which implements the previously approved financing plan, and hereby amends the City' s Master Fee Schedule to include the rates. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a Regular meeting held on the ~ day of ,2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: S:\Current Reso's\6-25establish.sewer.rates.res.doc ATTEST: City Clerk REPORT OF SEWER RENTAL CHARGES FOR 2003-2004 IN ACCORDANCE WITH CHAPTER 14.12 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE In accordance with Chapter 14.12 of the South San Francisco Municipal Code, the following report prepared as of June 12, 2003 is submitted. The report describes the procedure of charging those parcels of real property, which directly receive the benefits of municipal sanitary sewer services and the amount of the annual charge or rental, which will be imposed against each parcel for Fiscal Year 2003 -2004. Summary of Rentals or Charges. The following is a summary of the annual rental or charges for 2003-2004. All commercial and industrial properties All residential properties, except those serviced by Westborough County Water District Billed by Statement Total $4,382,226 $3,458,071 $ 256,376 $8,096,673 Sewer Rental Account File. This report refers to and incorporates by reference the report entitled "Rate Determination and Revenue Program Summary," prepared by and on file at the City of South San Francisco Water Quality Control Plant. The report summarizes the 2003- 2004 sewer rental charge that will be proposed to the City Council on June 25, 2003. Upon adoption of the proposed charges, or amendments thereto, a report entitled g_City of South San Francisco Sanitary Sewer Charges, prepared by Engineering Data Services, Los Altos, California, will be completed. The report will describe by Assessor's Parcel Number each parcel of real property receiving directly the benefits of municipal sanitary sewer service and the amount of annual charge or rental imposed against each parcel for fiscal year 2003-2004. All of these documents, including this report shall be filed with the County Tax Collector or Auditor. Accompanying the filing of this report shall be the Clerk's endorsement that the report has been adopted by the City Council. Dated: June 12, 2003 J. Steele Director of Finance CLERK'S STATEMENT I, Sylvia M. Payne, City Clerk of the City of South San Francisco, a municipal corporation, do hereby certify that the foregoing report was adopted by the City Council on the __ day of __, 2003 by Resolution No. __ Dated: Sylvia M. Payne City Clerk EXHIBIT "A" TO RESOLUTION NO. SEWER RATES FISCAL YEAR 2003-2004 PARCELS BY USE CLASSIFICATION A. Residential Class Single-family dwelling Multi-family dwelling (duplexes, flats, apartments, and similar class of users) Trailer Court and similar class of uses ANNUAL RATE $217.00 per dwelling per year $217.00 per dwelling per unit per year $195.00 per dwelling per unit per year Bo Institutional Class Schools, colleges, rest homes, hospitals, clubs, lodges, and similar class of uses. Minimum charge, or Volume charge based on water consumed (metered inflow), or Volume charge based on water consumed (metered effluent) $217.00 per year $ 2.326 per 100 cubic feet of water consumed $ 2.584 per 100 cubic feet of water consumed Ce Commercial and Nonmonitored Industrial Classes 1. Light Strength Uses: Bars (without dining facilities), car washes, department and retail stores, hotels, motels (without dining facilities), laundromats, professional and business offices, banks, savings and loan associations, warehouses, auto rentals (without repair shops), newspapers, commercial printing shops, freight and drayage services, barber shops, shoe repair shops, camera shops, plating shops, wood and furniture fabricators, heating and appliance stores, drug stores, auto supply stores, general contractors' offices, public administration offices, health services, legal services, dry cleaners, metal fabricators, lumber companies, laundry services, sheet metal shops, and similar classes of uses with wastewater strengths less than or approximated equivalent to residential strength Minimum charge, or Volume charge based on water consumed (metered inflow), or $217.00 per facility per year $ 2.882 per 100 cubic feet of water consumed Volume charge based on water consumed (metered effluent) Moderate Strength Uses: Auto/gas service stations, auto steam cleaners, auto rentals (with repair shops), bakeries, beauty and hair salons, commercial laundries, mortuaries, lodges (with dining facilities), radiator repair shops, markets (with garbage disposals), ice cream parlors, candy manufacturers, food preparation and caterers, sandwich shops, drive-in theaters, creameries, roofers, chemical preparations, machine shops, photo/film processors, rug, carpet, upholstery cleaners, foundries, ceramics studios, oil services, transmission services, sanitation services, furriers, drum and barrel cleaners, and similar classes of uses with wastewater strengths significantly greater than residential strength. The user will be reclassified to the light strength use classification if it adequately demonstrates to the city engineer it is discharging only segregated or wastewater equivalent in strength to residential wastewater. $ 3.203 per 100 cubic feet of water consumed Minimum charge, or Volume charge based on water consumed (metered inflow), or VolUme charge based on water consumed (metered effluent) Restaurants, Cafes and Other Eating Places: Minimum charge, or Volume charge, based on water consumed (metered inflow), or Volume charge, based on water consumed (metered effluent) Monitored and Industrial Class: 1. Monitored and Industrial Users: Manufacturers, processors, producers, laundries, photo finishers, painting services, packagers and similar classes of uses whose wastewater are monitored by the City Minimum charge, or combination of the following: Volume charge, based on water consumed (metered inflow), or $217.00 per year $ 4.511 per 100 cubic feet of water consumed $ 5.013 per 100 cubic feet of water consumed $217.00 per year $ 6.592 per 100 cubic feet of water consumed $ 7.324 per 100 cubic feet of water consumed $217.00 per year $1.727 per 100 cubic feetofwater consumed Volume charge, based on water consumed (metered effluent) Surcharge for suspended solids (ss) Surcharge for chemical oxygen demand (COD) 2. Septage Waste Haulers: Commercial businesses which haul to and dispose of septage waste at the Water Quality Control Plant. Minimum charge Volume charge based on waste water discharge $1.919 per 100 cubic feet of water consumed $ 0.580 per pound of suspended solids discharged $ 0.179 per pound of COD discharged $217.00 per year $ 0.123 per gallon discharged City of South San Francisco Proposed Sewer Rate Increase (Rates are from the June 2000 Notice sent to all parcel owners) How rates are calculated: Residential Rates, Rates for residential properties are calculated by multiplying the number of dwelling units on the assessor's parcel by the annual rate. The dwelling unit rate for Single Residential and Multiple Residential assume an "average" annual effluent flow of 84 hundred cubic feet. The trailer unit rate assumes an "average" effluent flow of 75.6 hundred cubic feet. :ommercial and :]Institutional Rates. Restaurant, Institutional and Commercial rates are calculated a. by measuring the annual water use at the assessor's parcel and multiplyin9 this usage by the inflow rate, or b, by measuring the annual sewer flow from the assessor's parcel and multiplying by the effluent rate. :ndustrial Rates. Industrial Rates are calculated based on the annual amount of flow, chemical oxygen demand and solids from the Assessor's parcel. Separate sewer rates are calculated for each component and then added for the total sewer fee per assessor's parcel. Annual measurement and testing are performed at each assessor's parcel to confirm the flow and loading. ;eptage Rates. Septage rates are calculated by multiplying the gallons of flow discharged from the septic pumper by the septage rate. Proposed Sewer Rate Increases over the next 3 years User Group Proposed Proposed Proposed Basis of Rate Rate Ra~ Existing Rate Maximum Rate Maximum Rate Maximum Rate Calculation 1999-2000 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 (Uni~) S/Unit/Year S/Unit/Year S/Unit/Year S/Unit/Year S/Unit/Year S/Unit/Year Single & Multiple Residence Dwelling Unit 179 188 197 207 218 228 Trailer Units Trailer Unit 161 169 177 186 195 205 Restaurants Hundred Cubic Feet effluent 6.027 6.327 6.643 6.976 7.324 7.691 Or inflow 5.424 5.694 5.979 6.278 6.592 6.921 Institutional Hundred Cubic Feet effluent 2,124 2.232 2.344 2.461 2,584 2.713 or inflow 1.912 2.009 2,109 2,215 2.326 2.442 Light Strength Commercial Hundred Cubic Feet effluent 2.631 2.767 2.905 3.051 3.203 3.363 or inflow 2.368 2.490 2.615 2.745 2.882 3.027 Moderate Strength Commercial Hundred Cubic Feet effluent 4.121 4.330 4.547 4.774 5.013 5.263 or inflow 3.709 3.897 4.092 4.296 4.511 4.737 Industrial Flow Ghemical Oxygen Demand Solids Hundmd Cubic Feet effluent 1.408 1.658 1.741 1.828 1.919 2.015 orinflow 1.267 1.492 1,567 1.645 1.727 1.814 Pounds 0.155 0.155 0.163 0,171 0,179 0,188 Pounds 0.499 0.501 0,526 0.552 0.580 0.609 Septage Haulers Gallons 0,108 0,106 0.111 0.117 0.123 0,129 RESDENTIAL SEWER SERVICE CHARGES SAN MATEO COUNTY (Source of Information: Phone Survey June 10, 2003) AGENCY ANNUAL SEWER CHARGE HILLSBOROUGH MONTARA SANITARY DIST. PACIFiCA HALF MOON BAY BRISBANE FOSTER CITY MIl ,LBRAE SAN BRUNO DALY CITY SAN CARLOS EL GRANADA SANITARY MENLO PARK BELMONT REDWOOD CITY BURLINGAME SAN MATEO SOUTH SAN FRANCISCO AVERAGE RESIDENTIAL CHARGE * $926 *** $1,204 $579 $564 $405 $396 * $372 *** $409 $325 *** $342 $323 *** $336 $285 * $276 $273 * $254 $245 *** $275 * $244 $232 *** $292 $230 * $207 $217'* $361 The rates are calculated using an average of 84 hundred cubic feet of wastewater discharged annually, except for those agencies with a flat charge. * Flat Charge ** Proposed Charge *** Other Agency Proposed Charges { Staff Report /Lo DATE: TO: FROM: SUBJECT: June 25, 2003 The Honorable Mayor and City Council. Director of Public Works REAUTHORIZATION OF MEASURE A - APPROVAL OF PROJECT SUBMISSIONS RECOMMENDATION: It is recommended that the City Council, by motion, approve project submissions for funding under the Continuation of the Measure A V2 Cent Sales Tax for Transportation. B ACKGROUISq)_/DIS CUSSI_O_N_: · The curren.t Measure "A" One-Half (1./2) Cent Sales Tax for Transportation is set to expke at the end of Calendar Year 2008. VmS.ous interest groups are working to initiate a ballot measure to have this [/~ cent sales tax extended for an additional 20 years (commencing January 1, 2009 and terminating December 31, 2028). The City/County Association of Govemmcnts (C/CAG) is working with the San Marco County Tran.sportation Authority (TA) to identify projects tlaat would be supported by the voters that could qualify for future funding if the V~. cent sales tax is extended, and which could be identified and possible highlighted on a future ballot. C/CAG and the TA has requested from the city a listing of transit and highway projects which San Mateo County voters would support. Staff has prepared applj.cations for the following projects for approval and submission: · ' Victory Avenue Extension · Oak Avenue Extension · Relocation of South San Francisco Caltrain Station. · Water Transit Authority Staff Report To: The Honorable Mayor and City Council Re: Reauthorization of Measure A-Approval of Project Submi.ssions Date: lune 25, 2003 Page 2 FUNDING: These projects would be funded by the Continuation of the Measure A V2 Cent Sal.es Tax for Transportation. Director of Pu[lic Works .. Approved:. Michael A. Wilson Ci.ty Manager ATTACHMENTS: Project Application Forms (4) Project Cost Estimates (4) DP../JQ/cd Jurisdiction/Agency Name: City.of S.outh San Francisco Contact/Telephone Number: John Gibbs, Director of Public Wo. rks/650-877-8538 Project Title: yictory Avenue Project Description/Location: The Project will extend Victory Avenue fr. om._South Linden Avenue to South Airport Boulevard. Thj. s Project is located in the City of South San Francisco between the intersection of Victory Avenue/South Linden Avenue and Produce Avenue. Cost (from Estimate): $14,663,000 Local Match Contribution: 0 (Note: Them is n.o requimm.ent for any local match except for Federally funded projects.) Approximate Year of Construction (if known): Unknown at this time Project Justification: Th.is Project will improve the access to Highw_ ay 101 from the Lindenvillc area of the City. It will al. so improve the flow i.n the area of the interchanges along Highway 101 in the downtown area. Project Cost Estimate Project Title: Victory Avenue ExtensJ.or~ Estimate: ?relim.inary Engi.~eering: $ 200,000 Environmental Processing: 300,Q90 Right-of-Way Acquisition: 3,000,000 ConstmctionB. nspection: 4,000,000 Subtotal: 10,200,000 Support Cost @ 15% 1,~30,000 Subtotal 11,,730,000 Contingency (3 25% 2,933,O0O Total Project Cost (nearest thousand dollars): $14,663,000 Note: Provide the best uninflated estimate of the costs connected with thc project. There is no advantage to either overinflating or underinflating the estimate to affect a final project ranking. Project Application Form Jurisdiction/Agency Name: City of South San Francisco Contact/Telephone Number: John Gibbs, Director of Public Works/650-877-85.38 Project Title: Oak_A. venue Extension Project Description/Location: The Project is located in. the Cj.ty of South San Franc. isco from thc j.ntersection of Oak Avenue/Mission Road to the intersection of'El Camino Real. and Arroyo Drive. This t~roiect will extend Oak Avenue and construct a new four lane roadway wi. th bicycle lanes, sidewalks, lJghti.ng and appurtenances. Cost (from F2timate): $ 4,312,000 Local. Match Contfi.bution: 0 (Note: There is no requirement for any local match except for Federally funded projects.) Approximate Year of Construction (if known): Unknown at thi.$ time Project Justification: This Project will relieve the demand of vehicles utilizing the Chestnut Avenue/E1 Carnino Real interseefi.or~. Signal coordination will. he_Ip to ensure that El. Camin0 Real traffic flow is not impeded. .. Project Cost Estimate Project Title: Oak Avenue Extension Estimate: Preliminary Engineering: $ 100,000 Envi.rot~.men.tal. Processing: 150,000 Right-of-Way Acquisition: 750,000 Construction/Inspection: 2,000,000 Subtotfl: 3,000,000 Support Cost @ 15% 450,000 Subtotal 3,450,000 Contingency @ 25% 862,000 Total Project Cost (nearest thousand, dollars): $ 4,312,000 Note: Provide the best uninflated estimate of the costs connected with the project. There is no advantage to either ovefinflating or undefinfl.ating the estimate to affect a final project ranking. Project Application Form Jurisdiction/Agency Name: City of South San Francis. co Contact/Telephone Number: John Gibbs, Director of Public Works/650-8_77-8538 Project Title: Rel.oca. tipn of South San Francisco Caltrain Station Project Description/Location: The Proje.ctjs loca.t.ed in th.e City of South San Francisco.in the vicinity of_Grand.AY, enue and Aimo_rt Boulevard. The existin~ Caltrain station at Dubuque Avenue will be relocated to a location south of Grand Avenue. Cost (from Estimate): _ $15~381q000 Local Match Contfibufi on: 0 (Note: There is no requirement for any local match, except for Federally fut,.tied projects.) Approximate Year of Construction (if known): ' Unknown at this time Project Justification: This Project will allp. w_b. etter access to Caltrain. Shuttles and pedestrians will ~ able to .reach the station directly from thc East of 1.0_1 area. Project Cost Estimate Project Title: Relocation of South San Francisco Caltrain Station Estimate: Preliminary Engineering: $ 300,000 Environmental Processing; 4_00,000 Right-of-Way Acquisition,: 2.,_0 O0,0_00 Construction/Inspection: 8,000,000 Subtotal: 10,700,000 Support Cost @ 15% 1,605.000 Subtotal 12,305,000 Contingency @ 25% 3,076,000 Total Project Cost (nearest thousand dollars): $15,381,000 Note: Provide the best uninflated estimate of the costs connected with the project. There is no advantage to eitlaer overinflating or underi.nfl.ating the estimate to affect a final project ranking. Project Application Form Jurisdiction/Agency Name: City of South San. Francis.co Contact/Telephone Number: John Gibbs, Director of P.ubJic Works/650-877-8538 Project Title: Water Transit Authority Project Description/Location: The P_roiect is located at thc Oyster Point Marina_in South San Francisco, Thi.$ projec, t will design and construct water transJ, t facilities which include, doc!ring facilities, oarkin~ stmctures, roadway improveroents and related aoourtenances. Cost (from Estimate): $53,740,000 Local. Match Contribution: 0 (Note: There is no requirement for any local match except ~or Fede~'ali~ funded projects.) Approximate Year of Construction (if known): Unknown at this time . _. Project Justification:. This Project will relieve the demand of v_e..hi_c, les_utiliz[ng Highway 101 to San Francisco by increasin~ the transit options to work centers in downtown San Francisco. Project Cost Estimate Project Title: Water Transit Authority Estimate: Preliminary Engineering: $ .5004000 Environmental Processing: 500,000 Right-of-Way Acquisi. tion: 1,000,000 Equipment Construction: 1~,240,000 Support Cost @ 15% .1,200,000 Operating Costs 3_2,000,000 (20 year cost) Contingency @ 25% 2,300,000 Total Project Cost (nearest thousand dollars): $53,740,000 Note: Provide the best uninflated estimate of the costs connected with the project. There is no advantage to either overinflating or underinflating the estimate to affect a final project ranking. Project Application Form OStaffReport DATE: TO: FROM: SUBJECT: June 25, 2003 Honorable Mayor and City Council Director of Finance APPROVAL OF A RESOLUTION TO: APPROVE A NEW CONTRACT WITH THE COUNTY OF SAN MATEO FOR ANIMAL CONTROL SERVICES; AND APPROVE COUNTY FEES RELATED TO ANIMAL CONTROL. RECOMMENDATION: It is recommended that the City Council adopt the attached resolution which: · Approves a new contract with the County of San Mateo for animal control services; and, · Approves fee increases related to animal control fees collected by the County. BACKGROUND/DISCUSSION: Animal Control Services Contract Animal control services are provided to all cities in the County through the Peninsula Humane Society/Society for the Prevention of Cruelty to Animals (PHS/SPCA). The County has a master contract with PHS/SPCA and individual contracts with all 20 cities. This arrangement has been in place since the 1950' s. The current three-year contract expires June 30, 2003. Negotiations have been completed with the Peninsula Humane Society/SPCA for a new three-year animal control services contract effective July 1, 2003. The contract with each city contains the provisions of the County's master contract. Prior to commencing negotiations with PHS/SPCA, an analysis of alternative methods of providing animal control services was conducted by the late John Heiss, with Hughes, Perry and Associates. Mr. Heiss had considerable experience in the field of animal control costing and analysis. The conclusion of the analysis of alternatives was that a continuation of the longstanding contract with PHS/SPCA was the most cost effective method of maintaining animal control services. The cost of Staff Report Subject: Page 2 Approve A New Contract With The County Of San Mateo For Animal Control Services; And Approve County Fees Related To Animal Control. establishing a separate public animal control service would be greater than continuing a contract; and, PHS/SPCA costs were competitive when compared to animal control costs in other counties. Some cities also conducted an analysis of establishing their own animal control program, separate from a single countywide program. Again, the conclusion was that such an approach was not cost effective. In an effort to afford greater city participation in contract negotiations for the new master contract with the County, a working group was composed of representatives from City Managers, Police Chiefs, Finance Directors and County Environmental Services Agency staff. The group focused on working with PHS/SPCA staff to increase operational efficiencies and contain costs. The group also examined animal control service fee increases to further offset program costs. Animal Control Services The recommended contract continues the current animal control service program. PHS will continue to provide: · Response to field service calls relating to biting and/or dangerous animals, dog packs, injured or sick animals, stray animals, and dead animal pick-up. · Issuance of citations for violations of any state statutes or local County/city ordinances. · Provision of shelter services, including impounding, receiving, housing, redeeming, providing veterinary treatment, adopting, euthanizing, and disposing of animals. In the interest of cost containment, the following service changes are included in the new contract: PHS will no longer have a role in barking dog or noise nuisance animal complaints. The County and each city will need to make provision for these complaints. (Under the current contract, each city was first responder, with PHS responding on the third call.) · PHS will no longer provide phone screening related to animal quarantine questions. The County will perform this service. Cities will not see any interruption of services. PHS will not provide regular patrol of public parks and beaches. PHS remains required to respond to service calls in these areas. Cities wishing to provide routine patrol may do so at their own expense through contract with PHS. A number of general terms are also changed in the new contract: · A provision was added clarifying the records PHS must maintain and make accessible records to the County, cities and public. Staff Report Subject: Page 3 Approve A New Contract With The County Of San Mateo For Animal Control Services; And Approve County Fees Related To Animal Control. Should a city pass an animal control ordinance which is not substantially the same as the County ordinance and changes levels of service or increases costs, the city must contract separately with PHS for services beyond the master contract. Permits issued by cities and the County for events and exhibits involving animals will be routed to PHS for approval. PHS may recover cost for monitoring events based on a fee schedule approved by cities/County. Inclusion of standard County equal benefits language, changes to non-discrimination language, updated performance measures and inclusion of a mutual hold harmless provision. Contract Terms The recommended contract is for three years, through June 30, 2006. There is no termination aside from breach of contract for PHS, the County, or any city. In the previous contract any party could terminate with 90 days notice. This exposed the County and cities to substantial impact if the contractor were to terminate. Neither the cities nor the County could set up an effective animal control field services program in 90 days. Program costs will remain essentially flat for 2003-04 and increase by 5% in the second and third years. This reflects service changes, cost reductions and increased fees. The total cost of the countywide contract for 2003-2004 is $4,454,397. The cost for each city is dependent on a formula approved last year based on service volumes within each jurisdiction. Each city's percentage share of the contract will fluctuate somewhat each year as service volumes from multiple years are averaged. The 2003-2004 for cost for South San Francisco is $354,500, comparing favorably to the cost for the current year of $372,260. The Contract also contains an incentive for PHS to most efficiently use funds and not spend 100% of the contract amount. PHS and the cities/County will share 50-50 any contract savings. Animal Control Fees To decrease Animal Control costs for the cities and County, each city is encouraged to approve increases to dog licenses and animal control fees. User fees charged at the shelter such as impound fees, boarding fees, surrender fees, etc., are collected by the County. A copy of the recommended fee schedule is Staff Report Subject: Page 4 Approve A New Contract With The County Of San Mateo For Animal Control Services; And Approve County Fees Related To Animal Control. attached. A survey of similar Bay Area Counties, also attached, was completed. The increases will make San Mateo County fees commiserate to similar Bay Area Counties. Fee revenue is deducted from the contract cost before the allocation is made to each city and the County. FISCAL IMPACT: The costs for PHS' services totaling $354,500 have already been factored into the Adopted 2003-04 Budget. By: D~re~tor of Finance cc: Police Chief Attachment: Resolution Attachment A Proposed County Fee Schedule Changes Attachment B Dog Licensing Fee Comparisons Attachment C Humane Services Fee Comparisons Approved: City Manager RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING A CONTRACT WITH THE COUNTY OF SAN MATEO FOR ANIMAL CONTROL SERVICES AND APPROVING COUNTY FEES RELATED TO ANIMAL CONTROL WHEREAS, animal control services are provided to all cities in the County through the Peninsula Humane Society/Society for the Prevention of Cruelty to Animals (PHS/SPCA) through a master contract with PHS/SPCA and individual contracts with 20 cities; and. WHEREAS, the current three-year contract expires June 30, 2003, and negotiations have been completed with the Peninsula Humane Society/SPCA for a new three-year animal control services contract effective July 1, 2003; and WHEREAS, the recommended contract continues the current animal control service program where PHS will provide services including response to field service calls relating to biting and/or dangerous animals, dog packs, injured or sick animals, stray animals, and dead animal pick- up; and, WHEREAS the total cost of the countywide contract for 2003-2004 is $4,454,397; and WHEREAS, to decrease Animal Control costs for the cities and County, each city is encouraged to approve increases to dog licenses and animal control fees, including impound fees, boarding fees and surrender fees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council approves a contract with the County of San Mateo for animal control services and approves County fees related to animal control and authorizes the City Manager to execute the contract with the County for said services. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a Regular meeting held on the __ day of ,2003 by the following vote: AYES: NOES: AB STAIN: ABSENT: ATTEST: City Clerk S:\Current Reso's\6-25aaimal.control.res.doc ATTACHMENT A PROPOSED COUNTY FEE SCHEDULE Impoundfees San Mateo County Current Proposed Dog altered licensed $20 $30 altered unlicensed $30 $40 unaltered licensed $40 $50 unaltered unlicensed $60 $70 Cat altered licensed altered unlicensed unaltered licensed unaltered unlicensed Small animal (bird, hamsters) Medium animal (hogs, sheep) Large animal (horses, cows) Impound penalty (dog only) First Offense altered licensed altered unlicensed unaltered licensed unaltered unlicensed Second Offense Third Offense Fourth Offense Fifth Offense and Up Board fees Dog Cat Small animal (bird, hamsters) Medium animal (hogs, sheep) Large animal (horses, cows) $20 $30 $30 $40 $40 $50 $60 $70 $5 $45 $30 $60 $50 $60 $2O $30 $40 $60 $6o-$8o $90-$100 $120-$140 $150-$170 $10 per day $7 per day $2 per day $12 per day $16 per day $55 $55 $55 $55 Adoption Fees Dog-Male Dog-Female Cat-Male Cat-Female $30 $40 $50 $70 $15 $13 $10 $20 $20 $70 $7O $70 $70 1 of 2 ATTACHMENT A PROPOSED COUNTY FEE SCHEDULE Surrender Fees All except farm animals Farm Animals $10 $35 $25 $35 Euthanasia Fees Dog/cat $30 $50 Rabbit/small animal $10 $20 Litter $30 -- Bi rd/Fowl $10 -- All Exotic Animals $20 -- Farm Animals $30 -- DOA Disposal Dog/cat $10 $20 Rabbit/small animal $10 $20 Litter $10 $20 Bird/Fowl $10 $20 All Exotic Animals $10 $20 Farm Animals $15 $50 Miscellaneous Fees: Quarantine Dangerous Animal Permit Field Return Fee Property Inspection Breeding Permit fee Fancier's Permit fee Licenses (Dog) 1-Year Altered 1-Year Unaltered 3-Year Altered 3-Year Unaltered Late Fee Lost Tag $35 -- $1oo $200 $25 $35 $25 -- $25 $50 $10 perhousehold 50 $11 $12 $21 $30 $30 $33 $63 $87 $5 $15 $5 -- 2of2 ATTACHMENT B San Mateo County Dog Licensing Fee Comparison 1 -Year 1 -Year 3-Yea r 3-Yea r Altered Unaltered Altered Unaltered Late Fee Lost Tag San Francisco County and City Contra Costa County Marin County Oakland San Jose $12 $24 $30 $66 $10 $15 $30 $41 $82 $30 $10 $30 $20 $60 $20 $10 $40 $26 $100 - $15 $32 $39 $90 - $5 $5 $5 Average San Mateo County San Mateo variance from average San Mateo variance from average $12.40 $31.20 $31.20 $79.60 $11 $21 $30 $63 ($1.40) ($10.20) ($1.20) ($16.60) -12.7% -48.6% -4.0% -26.3% $20.00 $5 ($15.00) -300.0% $5.00 $5 $o.oo 0.0% 1 of 1 HUMANE SERVICES FEE COMPARISON ATTACHMENT C Impound fees Dog altered licensed altered unlicensed unaltered licensed unaltered unlicensed Cat altered licensed altered unlicensed unaltered licensed unaltered unlicensed Small animal (bird, hamsters) Medium animal (hogs, sheep) Large animal (homes, cows) Impound penalty (dog only) First Offense altered licensed altered unlicensed unaltered licensed unaltered unlicensed Second Offense Third Offense Fourth Offense Fifth Offense and Up Board fees Dog Cat Small animal (bird, hamsters) Medium animal (hogs, sheep) Large animal (homes, cows) Contra Costa County Orange The Marin San Diego County Humane Society County $45 $45 $35 $25 $45 $45 $35 $25 $45 $45 $35 $25 $45 $45 $35 $25 $45 $45 $35 $20 $45 $45 $35 $20 $45 $45 $35 $20 $45 $45 $35 $20 $45 $45 $30 $60 $30 $60 $67 $50 $45 $35 $35 $25 $45 $35 $35 $25 $45 $35 $35 $25 $45 $35 $35 $25 $40 $5o $50 $45 $70 $100 $75 $65 $100 $100 $100 $150 $100 $125 $15 per day $13 per day $10 per night $6 per night $15 per day $13 per day $8 per night $6 per night $10 $5 per night $12 per night $20 per day $8 per night $12 per night $20 per day $10 per night $15 per night City and County of San Francisco $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $30 $45 $10 perday $10 perday $10 perday $10 perday San Mateo County Current $20 $3O $4O $60 $20 $30 $40 $60 $5 $30 $50 $20 $3O $4O $60 $60-$80 $90-$100 $120-$140 $150-$170 $10 perday $7 per day $2 per day $12 per day $16 per day :;sanMateo: i;Proposedi:,i % change 33% $50 25% $70:: 16% ; ;$AO 33% :; ; $50 :: : 25% ; ;:$70 16% 800% :$60 100% $60;: 20% 50% $40; 33% ;$50 25% 16% 50% 85% ;$i;0 400% :$2;0 66% 25% 1 of 3 HUMANE SERVICES FEE COMPARISON ATTACHMENT C Adoption Fees Dog-Male Dog-Female Cat-Male Cat-Female Surrender Fees All except farm animals Farm Animals Euthanasia Fees Dog/cat Licensed Unlicensed small animal under 20lbs 20-1001bs over 100lbs Litter Bird/Fowl All Exotic Animals Farm Animals Contra Costa County $70.83 $85.83 $61.41 $76.41 $35 $35 $20/$40 $30 $40 $225 Orange The Marin San Diego County Humane Society County $54.62 Altered $92.62Unaltere d $85 $54.62 Altered $92.62 Unaltered $85 $44.23 Altered $74.23 Unaltered $85 $44.23 Altered $74.23 Unaltered $85 $24request $25 4 months & over; Out of county & 4 months and over $100 $25-$50 $5O $20 $20 TBD $20 $20 $30 7yrs & over $60 Puppy $30 7yrs & over $60 Puppy $30 7yrs & overS50 Kitten $30 7yrs & overS50 Kitten City and County of San Francisco $46 $46 $35 $35 Donation no setfee San Mateo County $55 $55 $55 $55 $10 $25 $30 $10 $3O $10 $2O $30 25O% $35 40% :$50: 66% $20;:: 100% 2 of 3 HUMANE SERVICES FEE COMPARISON A'I-I'ACHMENT C DOA Disposal Dog/cat Rabbit/small animal Litter Bird/Fowl All Exotic Animals Farm Animals Miscellaneous Fees: Quarantine Dangerous Animal Permit Application Delinquent fee Field Return Fee Property Inspection Breeding Permit fee Fancier's Permit fee Contra Costa Orange The Marin County County Humane Society Licensed $0 Unlicensed $25 $20 $12 (at shelter) $3 $20 $12 $3 $20 $12 $3 $20 $25 $3 $20 $25-$150 $3 $20 - $3 - $3 $5OO $47 $30 $392 San Diego County City and County of San Francisco $10 daily San Mateo County $10 $10 $10 $10 $10 $15 $35 $1oo $25 $25 $25 $10 per household Proposed % change $2o 50% $20 50% $20 50% :$20:: 50% ;:; $20 ;; 50% $50; 233% 100% $50: 400% 3 of 3