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2003-08-13 e-packet
AGENDA REDEVELOPMENT AGENCY CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM AUGUST 13, 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 sta~'~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. KARYL MATSUMOTO Vice Chair RICHARD A. GARBARINO, SR. Boardmember BEVERLY BONALANZA-FORD Investment Officer MICHAEL A. WILSON Executive Director PEDRO GONZALEZ Chairman 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 July 23, 2003 2. Motion to confirm expense claims of August 13, 2003 3. Resolution approving first amendment to the fiscal agreement with the San Mateo County Community College District regarding the El Camino Corridor Redevelopment Project 4. Resolution authorizing the purchase of one to three units in the Oak Farms residential development 5. Motion to cancel regular meeting of August 27, 2003 ADJOURNMENT REGULAR REDEVELOPMENT AGENCY MEET1NG AUGUST 13, 2003 AGENDA PAGE 2 Redevelopment Agency Staff Report DATE: TO: FROM: SUBJECT: August 13, 2003 Redevelopment Agency Board Assistant City Manager First Amendment to Fiscal Agreement with the San Mateo County Community College District Regarding the E1 Camino Corridor Redevelopment Project. RECOMMENDATION It is recommended that the Redevelopment Agency Board adopt a resolution approving the First Amendment to the Fiscal Agreement with the San Mateo County Community College District Regarding the El Camino Corridor Redevelopment Project. BACKGROUND In 1993 the City of South San Francisco adopted a redevelopment plan establishing the E1 Camino Corridor Redevelopment Project. Pursuant to Community Redevelopment Law, the Redevelopment Agency was authorized to transact business and redevelopment activities, and to exist as a taxing agency that receives property taxes from the Project Area. At the time the City established the E1 Camino Corridor Project Area, section 33401 of the California Health and Safety Code allowed redevelopment agencies to pay other taxing agencies, such as the College District, any amount of money that in the Agency's determination was necessary to alleviate any financial burden caused by the redevelopment project. The City met with representatives from the College District who provided evidence that the District would suffer a financial burden as a result of the redevelopment plan adoption. Having received this information, the City and the District negotiated the Fiscal Agreement to alleviate the District's financial burden. The City adopted the Fiscal Agreement with San Mateo County Community College District Regarding the E1 Camino Corridor Redevelopment Project on September 22, 1993. Since that time, the Redevelopment Agency has been making tax increment payments to the College District. However, the Fiscal Agreement did not clearly explain the method by which payments to College District were to be calculated. This resulted in confusion and various interpretations as staff at the Redevelopment Agency and the College District changed over time. To end this persistent confusion, the Agency and College District are proposing to amend Section 2.1 (a) of the Fiscal Agreement to clearly set forth how the payment to the College District will be calculated. The College District is entitled to the payments provided for in the First Amendment both as a result of the original Fiscal Agreement, and as permitted under Health and Safety Code STAFF REPORT TO: Redevelopment Agency Board SUBJECT First Amendment to Fiscal Agreement with the San Mateo County Community College District Regarding the E1 Camino Corridor Redevelopment Project. DATE: August 13, 2003 Page 2 Section 33376 (recently affirmed by Santa Ana Unified School District v Orange County Redevelopment Agency, et. al.). Although the First Amendment will result in slight increase in payments to the College District the increased amount is very small and will not have an impact on the Redevelopment Agency. For 2003-04 the change in calculation methods results in a higher payment of $2,191 to the College District. This increased amount will grow over the years as property values in the Project Area increase. However, these increases will not affect the Redevelopment Agency since the total tax increment funds will increase proportionately. CONCLUSION It is recommended that the Redevelopment Agency Board adopt a resolution approving the First Amendment to the Fiscal Agreement with the San Mateo County Community College District Regarding the E1 Camino Corridor Redevelopment Project. The First Amendment provides clear documentation of how the City is to calculate its payments to the College District. Furthermore, this payment is authorized by the original Fiscal Agreement with the College District and by Health Safety Code Section 33376. Assistant City Manager Approvfid.'~, Lt EMxi~chau~~;oc~-t C ~ MAW:MVD :AFSA Attachments: Resolution First Amendment to Fiscal Agreement with the San Mateo County Community College District Regarding the E1 Camino Corridor Redevelopment Project RES OLUTION NO. REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE FISCAL AGREEMENT WITH SAN MATEO COUNTY COMMUNITY COLLEGE DISTRICT REGARDING THE EL CAMINO CORRIDOR REDEVELOPMENT PROJECT WHEREAS, it is recommended that the Redevelopment Agency approve the First Amendment to the Fiscal Agreement with the San Mateo County Community College District regarding the E1 Camino Corridor Redevelopment Project, as attached hereto as Exhibit "A." NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of South San Francisco that the Redevelopment Agency hereby approves the First Amendment to the Fiscal Agreement with San Mateo County Community College District regarding the E1 Camino Corridor Redevelopment Project. BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to execute the Agreement on behalf of the Redevelopment Agency. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Redevelopment Agency of the City of South San Francisco at a meeting held on the day of ,2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk S:\Current Reso's\8-13agreeement.san.mateo.college.res.doc FIRST AMENDMENT TO FISCAL AGREEMENT WITH THE SAN MATEO COUNTY COMMUNITY COLLEGE DISTRICT REGARDING THE EL CAMINO CORRIDOR REDEVELOPMENT PROJECT THIS FIRST AMENDMENT to the Fiscal Agreement dated September 22, 1993 between the San Mateo Community College District (the "District" and the Redevelopment Agency of the City of South San Francisco (the "Agency") is entered into this ~ day of ,2003. RECITALS A. The Agency and the District have previously entered into the Fiscal Agreement dated September 22, 1993 (the "Agreement"). Bo Pursuant to former Section 33401 of the Health and Safety Code, Section 2.1 of the Agreement provided for the Agency to make annual payments of Tax Increment Revenue to the District fi.om the E1 Camino Corridor Project Area (the "Project Area") as specified in Section 2.1 if the Agreement. Both the District and the Agency agree that the payments required per Section 2.1 (a) of the Agreement do not accurately reflect the intent of the parties at the time the Agreement was entered into. The District and the Agency have agreed to enter into this First Amendment to the Fiscal Agreemen~ in order to clarify the amount of the payments owed by the Agency to the District. Now, therefore, in consideration of the foregoing and the mutual covenants and conditions contained herein, the parties hereto agree as follows: FIRST AMENDMENT: Section 1 Section 2. l(a) of the Agreement is amended in its entirety to read as follows: (a) Beginning for Fiscal Year 1994-95 and continuing through the expiration of the term of the Plan, the Agency shall pay to the District for each Fiscal Year an amount to equal 100 percent of the District Share of Tax Increment Revenue attributable to increases in assessed value of the taxable property in the Project Area, as the assessed value is established by the assessment roll last equalized prior to the effective date of the ordinance adopting the Plan, which are, or otherwise would be, calculated annually pursuant to subdivision (f) of Revenue and Taxation Code Section 110.1. By,this subsection (a), it is intended that the District will receive from the Agency the amount it would have received had it make the election pursuant to former Health and Safety Code Section 33676(a)(2). Section 2 All other provisions of Section 2.1 (b) through (e) and the remainder of the Agreement shall remain in full force and effect. Section 3 Exhibit A attached to this First Amendment demonstrates how payments to the District shall be calculated per Section 2.1 (a), as amended, and Sections 2.1 Co) through (e) of the Fiscal Agreement. This Exhibit is presented for illustrative purposes only; numbers will be adjusted to reflect actual assessment and tax revenue figures. Section 4 All terms not otherwise defined herein have the meaning defined in the Agreement IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the Agreement to be executed. REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO SAN MATEO COMMUNITY COLLEGE DISTRICT By: Exhibit A Example Calculation El Camino Corridor Redevelopment Area College District Payment Calculation (1) Cash Flow Based on Tax Increment Current Year Taxable Value - Less Base Year Value Incremental Value x .01 Tax $ 186,492,839 2002-03 Inflated Base (2) $ 56,108,903 $ 49,316,048 Less Secured Base YearValue $ 46,879,265 $ 137,176,791 Incremental Value $ 9,229,638 1% .01 Tax 1% 1,371,767.91 Tax increment revenue 92,296.38 $ 274 354 x Normal Coll. Dist. Share pre RDA 7.26% Tax increment revenue - 20% Housing Set Aside Net Tax increment x Normal Coll. Dist. Share pre RDA "Normal" College Distdct share x 99/00 - 03/04 % to College Dist. per Agmt.* Payment to College District $ 1,097,414 7.26% $ 79,672 12.50% $ 9,959 "Normal" College District share $ 6,701 Total payment to the Colle,qe District shall be the sum of the two cash flows Development Payment $ 9,959 100% of 2% payment $ 6,701 $ 16,660 (1) This exhibit uses the actual 2002-03 taxable values and tax increment. (2) See Exhibit B for calculation of amount. *Percent share will increase to 25% during fiscal years 2004/05 -2009/10, and 37.5% during fiscal years 2010/11 until expiration or termination of Plan **Annual two percent (2%) inflationary adjustments for each year if and when the increases are granted by the County Table 3 South San Francisco Redevelopment Agency US Steel (Shearwater) Project Area PAYMENTS CALCULATED PER SECTION 33676 (a) (2) ASSUMING 2002-03 VALUE Fiscal Year 2002 - 2003 2003 2004 2O04 2OO5 2005 2006 2006 2007 2007 2008 2008 2009 2009 2010 2010 2011 2011 - 2012 2012 - 2013 2013 2014 2014 2015 2015 2016 2016 2017 2017 2018 2018 2019 2019 2020 2020 2021 2021 - 2022 2022 - 2023 2023 2024 2024 2025 2025 2026 2026 2027 2027 2028 2028 2029 2029 2030 2030 - 2031 2031 - 2032 2032 2033 2033 2034 2034 2035 2035 2036 Grand Total Adjusted Real (1) Property Inflation Value Factor 153,584,995 156,656,695 159,789,829 162,985,625 166,245,338 169,570,245 172,961,650 176,420,883 179,949,300 183,548,286 187,219,252 190,963,637 194,782,910 198,678,568 202,652,139 206,705,182 210,839 286 215,056,071 219,357.193 223,744 337 228,219 223 232,783 608 237,439 280 242,188 066 247,031 827 251,972,463 257,011,913 262,152,151 267,395,194 272,743,098 278,197,960 283,761,919 289,437,157 295,225,901 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% Adj. Base Over 2002-03Value $153,584,995 0 3,071,700 6,204,834 9,400,630 12,660,343 15,985,250 19,376,655 22,835,888 26,364,305 29,963,291 33,634,257 37,378,642 41,197,915 45,093,573 49,067,144 53,120,187 57,254,291 61,471,076 65,772,198 70,159342 74,634 228 79,198 613 83,854285 88,603 071 93,446 832 98,387 468 103,426 918 108,567 156 113,810 199 119,158 103 124,612 965 130,176 924 135,852,162 141,640,906 Total 1% Revenue From Adiusted Base 0 30,717 62,048 94,006 126,603 159,852 193,767 228,359 263,643 299,633 336,343 373,786 411,979 450,936 490,671 531,202 572,543 614,711 657,722 701,593 746,342 791,986 838 543 886 031 934 468 983 875 1,034 269 1,085 672 1,138 102 1,191,581 1,246,130 1,301,769 1,358,522 1,416,409 SM College Distdct 0 2,301 4,647 7,041 9,483 11,973 14,513 17,104 19,747 22,443 25,192 27,997 30,857 33,775 36,751 39,787 42,883 46,042 49,263 52,549 55,901 59,320 62,807 66,364 69,992 73,692 77,467 81,317 85,244 89,249 93,335 97,503 101,753 106,089 1,614,381 Net Present Value @ 5% 0 2,191 4,215 6,082 7,801 9,381 10,830 12,156 13,365 14,467 15,466 16,369 17,182 17,912 18,562 19,138 19,645 20,088 20,470 20,796 21,069 21,292 21,471 21,606 21,702 21,762 21,787 21,781 21,745 21,683 21,596 21,486 21,355 21,204 567,653 FraserAssociates sec33676A SSF US Steel 33676 04/21/2003 Rede,velopment Staff Report Agency DATE: August 13, 2003 TO: Redevelopment Agency Board FROM: Assistant City Manager SUBJECT: OAK FARMS ACQUISITION ~COMMENDATION: It is recommended that the Agency Board adopt the attached Resolution authorizing the acquisition of one to three units in the Oak Farms residential development and further authorizing the Executive Director to execute a Purchase and Sale Agreement and to close escrow at the earliest convenience. BACKGROUND/DISCUSSION: In 2001, Standard Building Company, executed a Development Agreement with the City which required the developer to provide five units in the Oak Farms residential development, located at Oak and Commercial Avenue, that would be available to and affordable to moderate income households. Further, the City Council had previously designated those below market rate units to be sold to City and/or School District employees. The Oak Farms units are now available for occupancy and most of the thirty-four total units have been sold. Two of the below market rate units have been sold to School District employees and one offer has been made by a City employee who had been undecided about the acquisition. As of this date, two below market rate units remain to be sold and are in jeopardy of converting to market rate if not purchased upon completion of the units which is anticipated to be by the middle of August. The development agreement further states that the City will provide a list of income eligible buyers to the developer sixty to ninety days prior to completion of the below market rate (BMR) units. This time frame allows the eligible buyers to secure financing without delays to the developer's marketing plan. The agreement allows the Agency to acquire the below market rate units if eligible buyers are not found within the developer's marketing schedule. In that event, the Agency could acquire the units to maintain the affordability and sell them to eligible buyers once they are identified. To: From: Subject: Date: Redevelopment Agency Board Assistant City Manager Oak Farms Acquisition August 13, 2003 Page 2 First Time Home Buyer Loan Program Two years ago, the City Council directed staffto establish policies and procedures for a down payment assistance program and Council allocated funding from the Community Development Block Grant Program and the Redevelopment Agency to assist low and moderate income households to purchase homes in the community. In July of 2002, the City Council implemented a First Time Home Buyer Loan Program and set aside initial funding to provide down payment assistance, in order of priority to: 1) City employees; 2) School District employees; and 3) to households who live or work in South San Francisco. The First Time Home Buyer Loan Program can be used to facilitate acquisition of units available on the open market or can be combined with below market rate units that may be provided as an inclusionary housing requirement. The City's Inclusionary Ordinance mandates that twenty percent (20%) of all residential units developed in the City must be affordable and available to low and moderate income households. Combining the loan program with below market rate units has the added advantage of facilitating housing purchases by lower income families because the price of the unit is fixed at a lower price than the conventional real estate market; thus the term below market rate. In the Oak Farms development, five below market rate units were provided by the developer. The five units were required to be affordable at 120% of area median income, or approximately $90,000 for a family of three; In this case, the developer has further provided the amount of $172,480 which will be used to make no interest loans to income eligible applicants. Oak Farms Marketing In April of 2002, the City advertised the availability of the Oak Farms units to every City employee and the School District advertised to their employees, A total of twenty applications were received, of which, only five were found to be income and household size eligible for the two bedroom BMR units at Oak Farms. Therefore the five eligible applicants were advised that they would each be able to purchase a unit, on a first come first served basis. That is, the applicant who secured their financing and made offers first, were able to select the BMR unit of their choice. Of the five eligible applicants, two School District employees, had been pre-approved for conventional loans, had saved down payment fimds and were ready to purchase immediately. Those households have selected their units, were able to select floor and paint finishes, and are finalizing their loans for the acquisitions. The other three eligible buyers, two of whom are City employees, have had second thoughts about the City's loan terms and resale restrictions which To: From: Subject: Date: Page 3 Redevelopment Agency Board Assistant City Manager Oak Farms Acquisition August 13, 2003 limit their equity, and require that the City's down payment loan be paid offifthey sell the house or if they leave the City's employment. One of the three City employees has apparently overcome concerns and made an offer on a unit and is moving forward at this time. The last two have decided not to make an offer. Therefore two units will need to be advertised again to establish a new eligible list of potential buyers. Essentially, the terms for the City's down payment loan include an interest rate of four percent (4%), amortized over twenty five years after a ten year deferral period, to be secured by deed of trust. Should the employee leave the City, the loan balance and City appreciation share are due and payable immediately. Furthermore, there is a required resale restriction on any City loans limiting the future sale price to ensure continued affordability. The equity allowed for resale is pegged to the lower of fair market value or a price increase equal to the increase in median income for a family of four, as published by the Department of Housing and Urban Development. CONCLUSION: The Agency will need to re-advertise to create a new list of eligible applicants from households who either live or work in South San Francisco, the City Council's third priority group for the loan program. This process takes approximately two months and if the Agency does not acquire the remaining units, the developer may sell them at market value before the list is available. It is recommended that the Agency acquire any remaining units to ensure the affordability is maintained. The Agency would then advertised for a new list of applicants and sell the units at the same cost, thus recuperating the initial Agency investment. The Purchase and Sale Agreement used by Standard Builder's has been reviewed and approved by the City Attorney and has been approved by the State of Califomia Board of Realtors. Those documents are recommended to be used for the Agency acquisitions. Funds are available in the current year's Agency budget for this acquisition. It is recommended that the Agency adopt the attached resolution authorizing the Executive Director to make an offer, execute the Purchase and Sale Agreement and close escrow at the earliest possible date for any below market rate units that may not be sold as of this date, at a cost of $389,000 each. Attachment: Resolution RESOLUTION NO. REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE ACQUISITION OF ONE TO THREE UNITS IN THE OAK FARMS RESIDENTIAL DEVELOPMENT WHEREAS, in 2001 Standard Building Company, executed Development Agreement with the City which required the developer to provide five units in the Oak Farms Residential development, located at Oak and Commercial Avenue, that would be available and affordable to moderate income households; and WHEREAS, the City Council had previously designated those below market rate units to be sold to City and/or School District employees; and WHEREAS, two of the below market rate units have been sold to School District employees and one offer has been made by a City employee who had been undecided about the acquisition; and WHEREAS, two below market rate units remain to be sold and are in jeopardy of converting to market rate if not purchased upon completion of the units; and WHEREAS, it is recommended that the Agency acquire any remaining units to ensure the affordability is maintained; and WHEREAS, the Agency would then advertise for a new list of applicants and sell the units at the same cost, thus recouping the initial Agency investment. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of South San Francisco that the Redevelopment Agency hereby authorizes the acquisition of one to three units in the Oak Farms residential development. BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to execute the Purchase and Sale Agreement and to close escrow at the earliest convenience. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Redevelopment Agency of the City of South San Francisco at a meeting held on the __ day of ,2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: S:\Current Reso's\8-13OakFarms.acquisition.res.doc ATTEST: City Clerk Redevelopment Agency - August 13, 2003 Agenda Item No. 5.: Motion to cancel regular meeting of August 27, 2003 AGENDA CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM AUGUST 13, 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. KARYL MATSUMOTO Mayor Pro Tem RICHARD A GARBARINO, SR. Councilman BEVERLY BONALANZA-FORD City Treasurer MICHAEL A. WILSON City Manager PEDRO GONZALEZ Mayor JOSEPH A. FERNEKES Councilman RAYMOND L. GREEN Councilman SYLVIA M. PAYNE City Clerk STEVEN T. MATTAS City Attorney PLEASE TURN OFF CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE ~VOCATION PRESENTATIONS · Peninsula Humane Society, presentation of animal resuscitator to Fire Department - Mr. Scott Delucchi, Vice President of Customer and Community Relations · Day in the Park 2003 Update - Mr. Jim Metz · 2nd Government Access Channel for Comcast Cable TV, effective August 23, 2003 (Channel 27) - Finance Director Jim Steele AGENDA REVIEW PUBLIC COMMENTS ITEMS FROM COUNCIL · Community Forum · Subcommittee Reports CONSENT CALENDAR 1. Motion to approve the minutes of July 23, 2003 2. Motion to confirm expense claims of August 13, 2003 3. Resolution approving the City Treasurer's Investment Policy Resolution authorizing a lease agreement with TRUX Transport, Inc. for the purpose of parking semi-tractor trucks and trailers at Water Quality Control Plant North Access Road site (Tillo property) o Motion to approve Junipero Serra slope project as complete in accordance with plans and specifications o Motion to accept the 2002-03 RABA Street Resurfacing Project as complete in accordance with plans and specifications Motion to approve the rehabilitation of four manholes by L&B Environmental in the amount of $38,000 Resolution awarding construction contract to Mitchell Engineering/Obayashi Corporation for construction of Wet Weather Program Phase I Project in the amount of $18,205,033 and amending the FY 2003-04 Capital Improvement Program REGULAR CITY COUNCIL MEETING AGENDA AUGUST 13, 2003 PAGE 2 Resolution revising records retention schedule and author/zing periodic destruction of certain records for all City departments in accordance with Government Code section 34090 10. Motion to cancel regular meeting of August 27, 2003 ADMINISTRATIVE BUSINESS 11. Resolution approving the San Mateo County Mosquito Abatement District Annexation Proposal and making determination of zero property tax exchange CLOSED SESSION 12. Pursuant to Government Code Section 54956.9(a), existing litigation, Aetna v. City of South San Francisco ADJOURNMENT REGULAR CITY COUNCIL MEETING AGENDA AUGUST 13, 2003 PAGE 3 DATE: TO: FROM: SUBJECT: August 13, 2003 Honorable Mayor and City Council City Treasurer INVESTMENT POLICY RECOMMENDATION: It is recommended that the City Council approve a resolution implementing the City Treasurer's Investment Policy per SB564, Chapter 783 of the Government Code of the State of California. BACKGROUND/DISCUSSION The City Treasurer is required to bring the City's Investment Policy to the City Council annually as a result of state legislation enacted in 1996. The investment policy follows the recommended format set down by the California Municipal Treasurers' Association. The primary concept used in this policy is the "Prudent Person Standard" which applies prudence, discretion, and intelligence towards the management of City funds. The objective of this policy, which is more commonly known as "SLY," is to maintain Safety, Liquidity and Yield. Only two changes to last year's policy are being recommended. The first change would exempt recurring wire transfers from the requirement of a confirmation by a member of the Finance Department prior to execution. This change is consistent with prudent internal controls. The second change would add an outside advisor or consultant to the Investment Oversight Committee. Beverly Bo~[ahza-Ford City Treasurer Approved: Milhael ~. Wils6n City Manager Attachments: Resolution RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE CITY TREASURER'S INVESTMENT POLICY WHEREAS, the City Treasurer has proposed the attached City Treasurer's Investment Policy; and WHEREAS, the investment policy is consistent with the recommended format developed by the California Municipal Treasurers' Association. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves the implementation of the City Treasurer's Investment Policy, attached hereto as Exhibit "A." 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 S:\Current Reso's\8-13investment.policy.res..doc Exhibit A CITY OF SOUTH SAN FRANCISCO STATEMENT OF INVESTMENT POLICY INTRODUCTION: The following statement is intended to provide guidelines for the "Prudent Person Standard" of investment of the City's temporary idle cash and to outline the policies for an effective cash management system. Investments shall be made with judgment and care which persons of prudence and intelligence exercise in the management of their own affairs considering safety of principal as well as probable income to be derived. The City's cash management system accurately monitors and forecasts revenues and expenditures enabling the City to invest funds to the fullest extent possible. The City Treasurer attempts to obtain the highest yield possible as long as investments meet the criteria established for safety and liquidity. This investment policy includes all City funds except retirement, pension, or bond funds. The investment policies and practices of the Treasurer of the City of South San Francisco are based upon federal, state, and local laws as well as prudent money management. The primary objectives of these policies are: To assure compliance with all federal, state, and local laws governing the investment of monies. 2. To maintain the principal of the City's investments. o To generate the maximum amount of investment income within the parameters of this statement of investment policy. To remain sufficiently liquid to meet all operating expenses that can be reasonably anticipated. TREASURER'S INVESTMENT OBJECTIVES: SAFETY OF PRINCIPAL is the foremost objective of the investment policy. The Treasurer shall seek to ensure that capital losses are avoided with each investment transaction. The objective is to mitigate credit risk (the loss due to failure of the security issuer or broker) and interest rate risk (the market value of the security in the portfolio will fall due to changes in general interest rates). LIQUIDITY is the second most important objective of the investment policy. It is important that a portion of the portfolio contain investments, which can be easily liquidated with minimal, or no risk to principal and/or interest. The longest maturity of any investment shall be five years. The portfolio shall be structured so that sufficient funds are readily available to meet all reasonably anticipated operating expenses. YIELD is the interest earned by the City Treasurer on monies invested. The City's fund shall be designed to attain a market-average rate of return (defined as the average return on a three month U.S. treasury bill) through various economic cycles. Yield will be considered only after the basic requirements of safety, liquidity, and credit quality have been met. AUTHORIZED INVESTMENTS: The following list of investments is deemed prudent and acceptable by the government code of the State of California and the Municipal Treasurers Association of the United States and Canada. This affords the City a wide range of investment opportunities. The City is governed by the California Government Code, Section 53600 et. seq. Within the context of these limitations, the following investments are authorized: U.S. TREASURY SECURITIES for which the faith and credit of the U.S. are pledged for the payment of principal and interest. OBLIGATIONS ISSUED BY AGENCIES OF THE UNITED STATES GOVERNMENT, including the Government National Mortgage Association (GNMA), the Federal Farm Credit Bank System (FFC), the Federal Home Loan Bank Board (FHLB), the Federal National Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation (FHLMC), and the Tennessee Valley Authority (TVA). BANKER'S ACCEPTANCES are bills of exchange or time drafts drawn on and accepted by a commercial bank which are eligible for purchase by the Federal Reserve System. There is a time limit (180 days) and a 20% limit of surplus money which may be invested in bankers acceptances by municipalities. No more than $5.0 million may be invested in any one institution. COMMERCIAL PAPER must be of prime quality of the highest rating (P1 by Moody's or A1 by Standard and Poors). Eligible paper is limited to corporations organized and operating within the U.S. and having total assets of at least $500,000,000. There are also limitations as to the percent (15%) of the portfolio, the time of investment (270 days), and the dollar amount invested in any one bank or corporation ($3.0 million). CERTIFICATES OF DEPOSIT are not really considered investments in the true sense of the word. They allow the City Treasurer to select the exact amount, the day of maturity, as well as the exact depository. (There are penalties for withdrawal of funds prior to the original maturity date.) Since time deposits are not liquid, no more than 20% shall be invested in this type of investment for no longer than one year. Any investment over the $100,000 FDIC insurance shall be collateralized at 110% with United States Treasuries. No more than $5.0 million may be placed in any one institution. REPURCHASE AGREEMENTS (Repos) allow a purchase of securities by a local agency; by agreement, the seller will repurchase the securities on or before a specified date and for a specified amount. The maturity should not exceed ninety days. Repos should only be purchased when a purchase agreement is executed with a bank in which the underlying U.S. Treasuries pledged as security shall have a market value of at least 102% of the funds borrowed. THE LOCAL AGENCY INVESTMENT FUND is a pooled fund managed by the state treasurer whose permitted investments are identified in the government code. L.A.I.F. provides for deposits up to a maximum of forty million dollars ($40,000,000). L.A.I.F. offers high liquidity as deposits and withdrawals can be wired to and from South San Francisco on the same day, provided the request is made before 10:00 A.M. THE SAN MATEO COUNTY INVESTMENT FUND established for the benefit of local agencies, is a pooled fund managed by the San Mateo County Treasurer. Various county monies due local agencies are deposited in the fund rather than forwarded to the local agencies in check form. MUTUAL FUNDS are shares of beneficial interest issued by diversified management companies, as defined by Section 23701 M of the Revenue and Taxation Code. To be eligible for investment, these funds must strive to maintain a net asset value of $1.00 per share at all times and: a) Attain the highest ranking in the highest letter and numerical rating provided by not less than two of the three largest nationally recognized rating services; or b) Have an investment advisor registered with the Securities and Exchange Commission with not less than five years experience investing in the securities and obligations, and with assets under management in excess of five hundred million dollars; and c) Invest solely in those securities and obligations authorized by Sections 53601 and 53635 of the California Government Code. Where the City's Investment Policy may be more restrictive than the State Code, the Policy authorizes investments in mutual funds that shall have minimal investment in securities otherwise restricted by the City's Policy. Minimal investment is defined as less than 5 percent of the mutual fund portfolio. Mutual fund investments shall not exceed 20% of the portfolio, with no more than 10% of the portfolio invested with any one institution. MEDIUM-TERM NOTES issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subdivision shall be rated in a rating category of "A" or its equivalent or better by a nationally recognized rating service 3 (Standard and Poors, Moody's, or Fitch). Purchases of medium-term notes may not exceed 10 percent of the agency' s surplus money nor to be invested for longer than five years. No more than $2.0 million may be invested in a single issuer corporation. DEPOSITORY SERVICES Monies must be deposited in state or national banks, state or federal savings and loan associations, or state or federal credit unions in the state of California. The monies may be in inactive deposits, active deposits, or interest-bearing active deposits. The deposits in any institution cannot exceed the amount of the bank's or savings and loan's paid up capital and surplus. The bank, savings and loan, or federal credit union must secure the active and inactive deposits with eligible government securities having a market value of at least 110% of the total amount of the deposits. QUALIFIED DEALERS AND INSTITUTIONS The City shall transact business only with national or state-chartered banks, savings and loans, federal credit unions, and registered investment securities dealers. The purchase by the City Treasurer of any investments shall be purchased from an institution licensed by the state as a broker-dealer, a national or state-chartered bank, a federal or state association, or a brokerage firm desig-nated as a primary government dealer by the Federal Reserve Bank. The City Treasurer shall investigate all institutions who wish to do business with the City in order to determine if they are adequately capitalized, make markets in securities appropriate to the City's needs, and agree to abide by the conditions set forth in the investment policy of the City of South San Francisco. SAFEKEEPING AND CUSTODY OF SECURITIES To protect against potential losses caused by the collapse of individual securities dealers, all securities owned by the City, except for investments with LAIF, the San Mateo County Investment Pool, Repurchase Agreements, CD' s, mutual funds, or Commercial Paper with maturities of ten days or less shall be kept in safekeeping by a trust department of a third party bank acting as agent for the City under the terms of a custody agreement executed by the bank and by the City. These funds will be held in the City's name. All trades will be executed by delivery vs. payment (DVP). This ensures that securities are deposited to the third party safekeeper prior to release of funds. COLLATERALIZATION Collateralization is required on two types of investments: certificates of deposit of over $100,000 (CD's) and repurchase agreements (Repos). The collateralization level must be at least 102% for Repos and 110% for CD's. 4 AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The following institutions are approved by the City Treasurer to conduct business with the City: 1. L.A.I.F. (Local Agency Investment Fund) 2. San Mateo County Pool (automatic for tax monies) 3. Wells Fargo Bank 4. First Tennessee Bank 5. First National Bank of Northern California At present the City Treasurer does not deal with individual brokerage companies. Any broker/dealer/bank representative that the City purchases securities from, other than LAIF and the San Mateo County Pool shall be provided with an updated City Investment Policy on an annual basis. They must sign a letter acknowledging they have received and read the Policy, that they agree to comply with it, and that they will notify the City Treasurer within 24 hours of a ratings downgrade of any Commercial Paper or Medium Term Corporate Notes the City has purchased through them. ETHICS AND CONFLICTS OF INTEREST There is a yearly mandated Form 700 issued by the state of California whereby all elected officials, including the City Treasurer, must disclose all personal assets such as stocks, bonds, properties, business entities, etc., in which said officials may be involved and which could create a conflict of interest with the proper execution of their offices or impair their ability to make impartial decisions. INTERNAL CONTROLS The Treasurer is responsible for establishing and maintaining an intemal control structure designed to ensure that the assets of the entity are protected from loss, theft, or misuse. The internal control of the structure shall be designed to provide reasonable assurance that these objectives are met. The Director of Finance shall establish a process for an annual independent review by an external auditor to assure compliance with policies and procedures. The auditor shall meet with the City Treasurer and propose possible needed changes to the investment policy and/or comment on the diversification of the portfolio. Management responsibility for the investment program is delegated to the elected City Treasurer who shall be responsible for all investment transactions, the Deputy City Treasurer, appointed by the City Treasurer, acts at the discretion and direction of the City Treasurer. The City shall establish an investment oversight committee. The committee shall consist of the City Treasurer, the City Manager, the Finance Director (or the Assistant Finance Director as his alternate) and an outside professional, advisor, or consultant. The purpose of the committee is to: · Review the portfolio on a quarterly basis to ensure compliance with the City's investment policy and the requirements of the State of California. · Make recommendations to Council to change the investment policy where appropriate. Meet as needed to review the investment portfolio as a result of changes in the marketplace or the economic position of any company or agency that affects the City's investments. City Treasurer and Finance Director shall monitor ratings on Medium Term Notes on a monthly basis. The City Treasurer will report on any recommendations and/or actions taken by the investment oversight committee in her quarterly reports to the City Council. REPORTING The Treasurer shall present to the City Council a quarterly report showing the types of investments, institutions of investment, dates of maturity, amounts of deposit, current market value for all securities, rates of interest, and such data as may be required by the City Council. The State of California will be supplied with yearly reports per the State Code. WIRE TRANSFER CONFIRMATIONS Due to the need to preserve segregation of duties and checks and balances, alt non-recurring, outgoing wire transactions initiated by the City Treasurer shall be confirmed by the bank with a person within the Finance Department prior to the completion of that wire transfer. Recurring/repetitive wire transactions, such as with LAIF, the County Investment Pool with the City's account with its third party safekeeper (Bank of New York), or to meet regular debt service payments, may be exempted provided that a list of recurring wire transfers is established with the bank and that the list is approved by the City Treasurer and the Finance Director. POLICY REVIEW This investment policy shall be reviewed annually to ensure its consistency with the overall objectives of safety of principal, liquidity, and yield. The policy should also be relevant to current law, financial and economic trends, and should meet the needs of the City of South San Francisco. B~verly Bo~lanza-Ford ~' City Treasfirer, South San Francisco BF:JS:rcf DriveF/StaffReports/Trea Invest Policy 7-23-03 6 Staff Re ort DATE: TO: FROM: SUBJECT: August 13, 2003 The Honorable Mayor and City Council Assistant City Manager Lease up to three acres of the Tillo property to Trux Transport, Inc for the purpose of parking semi-tractor trucks and trailers. RECOMMENDATION It is recommended that the City Council adopt a resolution approving a lease with Trux Transport, Inc. for an area not to exceed three acres on City owned property identified as APN 015-180-020 for the purpose of parking semi-tractor trucks and trailers. BACKGROUND The City owns property identified as APN 015-180-020 which includes the property customarily identified as the "Tillo" portion. The City Council recently approved an Exclusive Negotiating Rights Agreement (ENRA) with REST Investment to explore the feasibility of constructing a commercial parking facility for airport patrons on the Tillo property. The ENRA with REST, however, gives the City the option to lease the Tillo property on a month-to-month basis while REST conducts its study for the parking facility. Leasing the property to Trux Transport, Inc. will not interfere with the REST study since the two companies are affiliated. Trux Transport, Inc. has expressed an interest in leasing up to three acres of the Tillo property on a month-to-month basis for the purpose of parking semi-tractor trucks and trailers. Trux Transport will be allowed to park semi-tractor trucks and trailers on the property but will not be allowed to park any other types of vehicles, including automobiles. The term of the lease will be on month-to-month basis and Trux Transport will pay a monthly rent in the amount of two thousand dollars ($2,000.00). Prior to commencing use of the subject property, Trax Transport will be required to install a paved or otherwise impervious surface to park the semi-tractor trucks. Semi-tractor trucks will only be allowed to park on the improved, impervious surface. Trux Transport will also be required to ensure adequate drainage and other necessary improvements to prevent any type of soil contamination fi:om the semi-tractor trucks. The Director of Public Works must approve the improvements for semi-tractor trucks before said vehicles may park on the property. In addition, Trux will be required to obtain and maintain adequate insurance including general liability insurance and pollution liability insurance. Trailers which do not constitute an environmental risk will be allowed to park anywhere on the leased property area including outside the paved surface area. STAFF REPORT TO: SUBJECT: DATE: Page 2 Honorable Mayor and City Council Lease up to three acres of the Tillo property to Trax Transport, Inc for the purpose of parking semi-tractor tracks and trailers. August 13, 2003 CONCLUSION It is recommended that the City Council approve the lease with Trax Transport, Inc. on an area not to exceed three acres on the Tillo property. Trax Transport Inc. will use the property for the purpose of parking semi-tractor tracks and trailers. The lease to Trax Transport, Inc. will provide extra revenue for the City, and the City will not incur additional costs as a result of the lease. Assistant City Manager Approved Michael A .~x.W~o~n City Manager MAW:MVD:AFSA Attachments: Resolution Site Map Lease Agreement RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CAL~ORNIA A RESOLUTION APPROVING A LEASE AGREEMENT WITH TRUX TRANSPORT, INC. FOR AN AREA NOT TO EXCEED THREE ACRES ON CITY OWNED PROPERTY IDENTIFIED FOR THE PURPOSE OF PARKING SEMI-TRACTOR TRUCKS AND TRAILERS WHEREAS, it is recommended that the City Council approve a Lease Agreement between the City of South San Francisco and Trux Transport, Inc. to lease up to three acres on the Tillo property to Trax Transport, Inc. for the purpose of parking semi-tractor tracks and trailers, as attached hereto as Exhibit "A."; and WHEREAS, Trax Transport Inc. will provide extra revenue for the City, and the City will not incur additional cost as a result of the lease. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council herby approves a Lease Agreement with Trux Transport, Inc. for an area not to exceed three acres on City owned property identified for the purpose of parking semi- tractor tracks and trailers. BE IT, FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement on behalf of the City of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the _ day of ,2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk S:\Current Reso's\8-13tillo.property.res.doc Ave, Mitchell Avi 0 5~ $.$.F. -~ OONF. Un. BEL Ave, Lawrence Ave. Avenue Shaw 101 Street Subject Area Hornet Ave. LEASE by and between CITY OF SOUTH SAN FRANCISCO and TRUX TRANSPORT, INC. 649350-1 August 6, 2003 00001 LEASE THIS LEASE is entered into on ,2003, by and between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation of the State of California (hereinafter referred to as "Landlord") and Trux Transport a California corporation (hereinafter referred to as "Tenant"). Landlord and Tenant are sometimes collectively referred to as the "parties" and singularly as a "party". WITNESSE TH: WHEREAS, Landlord is the owner of the premises described in Section 1.1 below; and WHEREAS, Tenant desires to lease said premises on a month-to-month basis for the purpose of parking semi-tractor trucks and trailers; and WHEREAS, the parties desire to enter into this Lease upon the terms and conditions set forth below; NOW, THEREFORE, in consideration of the promises, covenants and agreements of both parties as set forth below, the parties agree as follows: SECTION 1. Description of Leased Property. By this Lease, Landlord does hereby lease to Tenant, and Tenant does hereby take from Landlord, , situated in the City of South San Francisco, State of California on such land described as APN The site is particular described in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"). SECTION 2. Term. The term of this Lease shall be month-to-month, commencing August 8, 2003 (hereinafter referred to as the "Commencement Date"). Either Landlord or Tenant may terminate this Lease upon thirty (30) days written notice to the other party. SECTION 3. Rent. Tenant shall pay to Landlord monthly rent in the mount of Two Thousand Dollars ($2,000.00) (hereinafter referred to as "Rent"). Tenant shall pay Rent in advance monthly installments, payable on the first day of each month from , until termination of the month-to-month tenancy. SECTION 4. Use. Tenant shall use and permit the use of the Property only for the purpose of parking semi-tractor trucks and trailers. Tenant shall not use the Property for any other purpose including, but not limited to, parking other vehicles. Tenant shall use the Property in a safe, clean, and sanitary manner. During the term of this Lease, Tenant shall comply with all applicable federal, state and local statutes, codes, ordinances and regulations. 649350-1 August 6, 2003 00002 4.1 Prior to commencing use of the subject property, Tenant shall install at their sole cost and expense, a paved or otherwise impervious surface for the parking of semi- tractor tracks. Said vehicle may only be parked on the improved, impervious surface. Tenant shall ensure adequate drainage and other necessary improvements are approved by the Director of Public Works and that all such improvements are complete prior to commencing any use of the site. SECTION 5. Repair and Maintenance Obligations. Tenant shall, at Tenant's sole expense and in accordance with the terms of this lease keep the Property in good order, repair and condition at all times during the lease term. Tenant shall at Tenant's sole expense and in accordance with the terms of this lease promptly and adequately repair all damage to the Property and replace or repair all damaged or broken fixtures or other leasehold improvements. At Landlord's option, or if Tenant fails to make such repairs, Landlord may, but need not, make the repairs and replacements. On receipt of an invoice from Landlord, Tenant shall pay Landlord's out-of-pocket costs incurred in connection with such repairs and replacements. Tenant waives and releases its rights, including the right to make repairs at landlord's expense, under California Civil Code Section 1941- 1942 or any similar law, statute, or ordinance now hereinafter affect. 5.1. Tenant shall be liable for any and all taxes, including any property taxes, assessed against the parcel. SECTION 6. Assignment, Subletting, Financing. Tenant may not assign its rights under t his Lease o r sublet a 11 o r a ny portion o f the Property without t he prior written consent of the South San Francisco City Council. Tenant shall have no right to encumber the leasehold hereunder. SECTION 7. Ownership of Improvements. Tenant shall not remove any improvements from the Property nor waste, destroy or modify any improvements on the Property, except as otherwise permitted by this Lease. SECTION 8. Right of Entry. Landlord reserves the right for any of its duly authorized representatives to enter the Property, or any portion thereof, at any reasonable time to inspect the same or to make any repairs, improvements or changes necessary for the preservation thereof. SECTION 9. Reservations to Landlord. Landlord reserves the fight to grant franchises, easements, right-of-way and permits in, over, and upon, along or across any and all portions of said Property as Landlord may elect, provided said franchises, easements, rights-of-way and permits do not materially interfere with Tenant's operations. 9.1 Right of Entry. Landlord reserves the right for any of its duly authorized representatives to enter the Property, or any portion thereof, at any reasonable time to inspect the same or to make any repairs, improvements or changes necessary for the preservation thereof. 649350-1 August 6, 2003 9.2 Other Rights. All oil, gas, geothermal and mineral rights are expressly reserved from this Lease. SECTION 10. Hazardous Materials. Tenant hereby covenants and agrees that it will not bring onto the Property, or cause or permit to be brought onto the Property, any materials that may cause or contribute to mortality or serious illness or pose a substantial hazard to human health ("Hazardous Materials"), including but not limited any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601 et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. § 1801 et seq.), the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. § 6901 et seq.), Section 25117 of the California Health & Safety Code, Section 25316 of the California Health & Safety Code, and in the regulations adopted and publications promulgated pursuant to them, or any other federal, state, or local environmental laws, ordinances, rules, or regulations concerning the environment, industrial hygiene or public health or safety now in effect or enacted after this date. 10.1 Hazardous Materials Indemnification. If Tenant breaches the obligations of this Section or if the presence of Hazardous Materials on the Property after the Commencement Date results in contamination of the Property or if Hazardous Materials are otherwise discharged or released from the Property after the Commencement Date, then Tenant shall indemnify, defend (with counsel approved by Landlord) and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses (including, without limitation, diminution in value of the Premises, and sums paid in settlement of claims, attorney's fees, consultant fees and expert fees and claims that arise from administrative proceedings) which arise during or after the term of this Lease as a result of such breach, contamination, discharge or release. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Materials present in, on or under the Property or adjacent property caused by or as a result of Tenant's activities. This indemnification pertains to Hazardous Materials placed, spilled, discharged, disposed, or in any manner transferred to the Property as a result of occupation of the Property following commencement of this Lease. Without limiting the foregoing, if the presence of any Hazardous Materials on the Property after the Commencement Date results in any contamination of the Property or adjacent property, or otherwise results in the release or discharge on, under or from the Property of Hazardous Materials, Tenant shall promptly take all actions at its sole expense as are necessary to return the Property or adjacent property to the condition existing prior to Tenant's occupation of the Property, provided that Landlord's approval of such action shall first be obtained, which 649350-1 August 6, 2003 00004 approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Property or adjacent property, will not unreasonably interfere with the use an enjoyment of other portions of the Property or adjacent property, and will be performed in accordance with all Hazardous Materials laws. Upon the termination of this Lease, Tenant shall surrender the Property to Landlord in the condition existing prior to Tenant's occupancy of the Property. This indemnification shall survive the termination or expiration of this Lease. SECTION 11. Duty to Maintain Insurance. Tenant shall obtain insurance acceptable to Landlord as set forth in Exhibit B. The required documentation of insurance shall be famished to Landlord upon or prior to ,2003. SECTION 12. Indemnification. Tenant will indemnify, hold harmless and defend Landlord, i ts o ~cers, employees, agents and volunteers, from and against any and all actions, claims, damages, disabilities or expenses including, without limitation, attorneys' fees, witness costs and court costs that may be asserted by any person or entity, including Tenant, arising out of or in connection with use of the premises in any manner by Tenant, its agents, employees, invitees, licensees and contractors, including any use of the Property not allowed under this Lease, any breach by Tenant of the terms, covenants or conditions herein contained, the construction, maintenance, or operation of the Property or improvements, and any other activities of Tenant, its agents, employees, invitees, licensees and contractors, but excluding liability due to Landlord's use of the Property, and the sole active negligence or sole willful misconduct of Landlord, for which Landlord shall indemnify Tenant. In the event of concurrent negligence of Tenant and Landlord, each shall provide indemnification for their respective proportional share of fault. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Tenant or its agents under workers' compensation act, disability benefits acts or other employee benefits acts. SECTION 13. Default. In the event Tenant shall be in default in the performance of any obligation on its part to be performed under the terms of this Lease, which default continues for thirty (30) days following notice and demand for correction thereof to Tenant, Landlord may exercise any and all remedies provided by law. SECTION 14. General Conditions, Miscellaneous Provisions. 14.1 Notices. 14.1.1 Definition of Notice; Application of Provision. As used in this Lease, the term "notice" includes, without limitation, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver and appointment. Unless the provisions of this Lease on rent direct otherwise, the rent shall be sent in the manner provided for giving notice. 649350-1 August 6, 2003 00005 14.1.2 Writing. All notices shall be in writing, provided that no writing other than the check or instrument representing the rent payment itself need accompany the payment of rent. 14.1.3 Delivery. Notice is considered given either: (a) when delivered in person to the recipient named as below; or (b) five (5) days after deposit in the United States mail in a sealed envelope or container, by registered or certified mail, remm receipt requested, postage and postal charges prepaid, addressed by name and address to the party or person intended as follows: IftoLandlord: City Manager, City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 With Copy to City Clerk If to Tenant: Trux Transport 237 Harbor Way South San Francisco, CA 94080 14.1.4 Change of Recipient or Address. Either party may, by notice given at any time or from time to time require subsequent notices to be given to another individual person, whether a party or an officer or representative, or to a different address or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 14.1.5 Recipient Named. Each recipient named must be an individual person. If more than one recipient is named, delivery of notice to any one such recipient is sufficient. If none of the recipients named in the latest designation of recipient is available for delivery in person, and if the notice addressed by mail to each recipient named in the latest designation of recipient is returned to the sender undelivered, notice shall be sufficient if sent by mail as above to the party as named in this Lease, unless the name or identity of the party has changed as permitted in this Lease and proper notice of the change has been given, in which event the notice shall be sufficient if sent by mail as above to the party named in the latest notice designating the party, and the notice is considered given when the first attempt to give notice was properly made. 14.2 Amendment. This Lease may be amended upon written agreement of the parties. 14.3 Estoppel Certificates. At any time, and from time to time, within thirty (30) days after notice of request by either party, the other party shall execute, 649350-1 August 6, 2003 00006 acknowledge, and deliver to the requesting party, or to such other recipient as the notice shall direct, a statement certifying that this Lease is unmodified and in full force and effect, or, if there have been modifications, that it is in full force and effect as modified in the manner specified in the statement. 14.4 Joint and Several Obligations. If Tenant consists of more than one person, the obligation of all such persons is joint and several. 14.5 Captions. The captions of the various articles and sections of this Lease are for convenience and ease of reference only and do not define, limit, augment or describe the scope, content, or intent of this Lease or of any part or parts of this Lease. 14.6 Gender. The neuter gender includes the feminine and masculine, and each includes corporation, parmership or other legal entity when the context so requires. 14.7 Singular and Plural. The singular number includes the plural wherever the context so requires. 14.8 Exhibits, Addenda. All exhibits and addenda to which reference is made in this Lease are incorporated in the Lease by the respective references to them, whether or not they are actually attached, provided that they have been signed or initialed by the parties. Reference to the "Lease" includes matters incorporated by reference. 14.9 Merger. This Lease is intended both as the final expression of the agreement between the parties hereto with respect to the included terms, and as a complete and exclusive statement of the terms of the agreement, pursuant to California Code of Civil Procedure Section 1856. No modification of this Lease shall be effective unless and until such modification is evidenced by a writing signed by both parties. No promise, representation, warranty or covenant not included in this Lease has been or is relied on by either party. Each party has relied on his own examination of this Lease, the counsel of his own advisors, and the warranties, representations, and covenants in the Lease itself. This Lease shall be construed according to the fair meaning of its language. The failure or refusal of either party to inspect the Premises, to read the Lease or other documents, or to obtain legal or other advice relevant to this transaction, constitutes a waiver of any objection, contention or claim that might have been based on such reading, inspection or advice. 14.10 Applicable Law. This Lease shall be construed and interpreted in accordance with the laws of the State of California except as otherwise expressly provided herein, or as otherwise required by applicable law from time to time during the term. 649350-1 August 6, 2003 00007 14.11 Covenants and Conditions. All provisions of this Lease whether covenants or conditions, on the part of Tenant shall be deemed to be both covenants and conditions and such covenants shall survive termination. 14.12 No Discrimination. Tenant shall comply with all applicable federal, state and local laws, rules and regulations relating to non-discrimination in employment and services because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition and handicap. 14.13 Time of Essence. Time is and shall be of the essence of this Lease and of each and every provision contained in this Lease. 14.14 Construction of Lease; Severabilit¥. To the extent allowed by law, the terms, covenants, conditions, provisions and agreements in this Lease shall be construed and given effect in a manner that avoids any violation of statute, regulation or law. Landlord and Tenant covenant and agree that in the event any term, covenant, condition, provision or agreement in this Lease is held to be invalid or void by court of competent jurisdiction, the invalidity of any such term, covenant condition, provision or agreement shall in no way affect any other term covenant, condition provision or agreement in this Lease. 14.15 Relationship. The parties intend by this Lease to establish the relationship of Landlord and Tenant only, and do not intend to create a parmership, joint venture, joint enterprise, or any business relationship other than that of Landlord and Tenant. 14.16 No Benefit to Third Parties. Nothing herein shall be construed to be for the benefit of third parties. 14.17 Execution in Counterparts. This Lease, or the abstract of this Lease, or both, may be executed in two (2) or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, Landlord and Tenant have caused this Lease to be executed by their respective officers thereunto duly authorized, all as of the day and year first above written. LANDLORD: CITY OF SOUTH SAN FRANCISCO, A municipal corporation of the State of California Dated: By: City Manager 649350-1 August 6, 2003 OO0O8 ATTESTED: By: City Clerk Approved as to form: By:. Steven T. Mattas, City Attorney TENANT: TRUX TRUCKING, INC. Dated: By: 649350-1 August6,2003 00009 EXHIBIT A PROPERTY DESCRIPTION 649350-1 August 6, 2003 LANDS OF EQUIL ON OR ~-1o4~2~ APN o/~-17s-14o .... cURRENT REST INVESTMENTS LEASE I ~ ~ DA TED JUNE IZ, 1998 ~ ~ POC PARCEL I ~ ~ ~ ~ ,~,m,~r~O'E.) LANDS OF x~.. J-2 ~ ~1 APN 01~-t~3-160 ~' NOR TH A PARC£L ! LEASE SITE i'~ ~r~ AREA = 54,645_+ SQ. FT. ' m 1.254 AORES POB POINT OF BEGINNING POC POI/VT OF COMMENCEMENT OR OFF/C/AL RECORDS DIMENSIONS SHO~N PARENTHETICALL y ARE DERIVED FROM THE PUBLIC RECOI~D AND ARE APPROXIMATE. LEASE AND LICENSES OF THE "TILLO" PORTION OF THE S.&F, ~kA TER TREATMENT PLANT OlTY OF SOUTH SAN FRANCISCO CALIFORNIA P£RI CO~$£BOOM LICENSED LAND SURVEYORS 423 BROAD~A y, St~. 302 MILLBRAE, CALIFORNIA 9~030 000[0 Bo EXHIBIT B INSURANCE REQUIREMENTS Tenant shall procure and maintain for the duration of the Lease "occurrence coverage" insurance against claims for injuries to persons or damages to property which may arise from or in connection with Tenant's operations. A Minimum Scope of Insurance. Coverage shall be at least as broad as: Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office, form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. o Workers' Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. 4. Pollution Liability Insurance appropriate to Tenant's operations. Minimum Limits of Insurance. Tenant shall maintain limits no less than: General Liability: One million dollars ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: One million dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage. Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of one million dollars ($1,000,000.00) per accident. Pollution Liability: One million dollars ($1,000,000.00) combined single limit per occurrence, two million dollars ($2,000,000.00) aggregate. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by Landlord. At the option of 649350-1 August 6, 2003 00011 Landlord, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respect Landlord, its officers, officials and employee; or the Tenant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability, Pollution Liability and Automobile Liability Coverages. Landlord, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Tenant; products and completed operations of the Tenant, premises owned, occupied or used by the Tenant, or automobiles owned, leased, hired or borrowed by the Tenant. The coverage shall contain no special limitations on the scope of the protection afforded to Landlord, its officers, officials, employees or volunteers. bo The Tenant's Insurance coverage shall be primary insurance as respects Landlord, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by Landlord, its officers, officials, employees or volunteers shall be excess of Tenant's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to Landlord, its officers, officials, employees or volunteers. do Tenant's insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against Landlord, its officers, officials, employees and volunteers for losses arising from work performed by the Tenant for Landlord. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that such coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Landlord. 649350-1 August 6, 2003 00012 Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. Verification of Coverage. Tenant shall furnish Landlord with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind overage on its behalf. The certificates and endorsements are to be received and approved by Landlord before operations commence. Landlord reserves the right to require complete, certified copies of all required insurance policies at any time. Subcontractors. Tenant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Variation. The Risk Manager of the City of South San Francisco may approve a variation in those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that City's interest are otherwise fully protected. 649350-1 August 6, 2003 00013 Staff Report DATE: August 13, 2003 TO: Honorable Mayor and City Council FROM: Director of Maintenance Services SUBJECT: Junipero Serra Slope Restoration Project Project # 51-13231-9909 Bid # 2273 Recommendation It is recommended that the City Council, by motion, accept as complete in accordance with plans and specifications, the Junipero Serra Slope Restoration Project #51-13231-9909. Background/Discussion: During the winter storms of 1997/98 South San Francisco incurred severe erosion along the steep slopes of the westem face of Junipero Serra Boulevard in three areas. Due to the declared State disaster the City applied for emergency relief funds (ER Funds) through FEMA and the Governor's Office of Emergency Services (OES). Bids were advertised and received on March 14, 2001 for the construction and awarded by Resolution 25~ 2001 on March 28, 2001. The City contracted with the Granite Rock Company, DBA Pavex Construction Division, to complete the work. The work was comprised of grading the damaged slopes at three sites, building retaining walls, drainage systems, and establishing new plant growth to stabilize the soil to prevent further erosion. The work was inspected and accepted by the State Department of Transportation Office of Local Assistance on July 17, 2003. Staff has also inspected the work and finds that it is in compliance with plans and specifications. Funding The reconstruction project was completed at a total cost of $3,306,096.10. Funds were set aside in the 2000-2001 CIP budget to cover the costs of design, right of way acquisition, construction, management, and inspection/testing. The Project was budgeted for $3,635,611. The following is a breakdown of the project costs. Preliminary Engineering Right of Way Costs Construction Engineering Construction Costs Total $ 235,678.26 $ 47,262.85 $ 352,205.32 $2,670,949.67 $3,306,096.10 The accepted bid of $2,490,993 was increased by processed change orders in the amount of $179,956.67. To date the City has received the 88.53% of the FHWA funds or $2,926,886.87. Upon acceptance, the City will invoice the State OES for the remaining 11.47% or $379,209.23. Terry White ~ Director of Maintenance Services Approved B ~ Michael A. WilsonQ,,~ City Manager Attachment: Resolution TW:/f:\slope projectkfinal acceptance StaffReport DATE: August 13, 2003 TO: The Honorable Mayor and City Council FROM: Director of Public Works SUBJECT: 2002 - 2003 RABA STREETS RESURFACING PROJECT, ENGINEERING FIIJE NO. 51-13231-0202, PROJECT NO. ST-03-1, BID NO. 2334 RECOMMENDATION: It is recommended that the City Council, by motion, accept the 2002 - 2003 RABA Streets Resurfacing Project as complete in accordance with the plans and specifications. BACKGROUND/DISCUS SION: This project constructed a new asphalt pavement roadway section, accessible ramps, new traffic loop detectors and related striping on the following streets: Item No Street Name Beginning End 1 Miller Avenue Evergreen Drive Gardenside Avenue 2 Gardenside Avenue Crestwood Drive Miller Avenue 3 ~Crestwood Drive Evergreen Drive Gardenside Avenue 4 Shannon Drive Oakmont Drive ~Gellert Boulevard 5 Oakmont Drive Westborough Boulevard San Bruno City Limits Also, included as part of the project were the asphalt base failure repairs, and additional accessible ramps on various streets within the City. Due to the favorable bids received from the contractor, staff increased the quantity of the asphalt base failure repairs to include additional streets that would receive the slurry seal treatment. The project has been inspected by City staff and completed in accordance with the plans and specifications. The project has a one-year warranty period that takes effect upon acceptance by the City Council. Staff will file a Notice of Completion and release the payment performance bond and retention at the end of the thirty-day lien period. Staff Report To: Re: Date: The Honorable Mayor and City Council 2001 - 2002 RABA Streets Resurfacing Project August 13, 2003 Page: 2 FUND~G: The following is the actual construction cost breakdown: Original Contract Add Change Orders for additional base failure repairs, pavement grinding and off-hauls, additional striping and new accessible ramps $593,704.10 $127,305.00 Actual Construction Cost $721,009.10 The following is the cost breakdown of the project budget: RABA Grant Fund: Gas Tax Fund $ 200,000.00 $ 521,009.10 Total Budget $ 721,009.10 After project acceptance, staff will invoice the County of San Mateo Public Works for the RABA grant fund inthe amount of $200,000.00. Sufficient gas tax funds are budgeted for this project in Fiscal Year 02-03 Capital Improvement Program (CIP). By: ~ J Director~f Public Works Approved: Michael A. Wilson"' City Manager RD/JG/ed StaffReport DATE: August 13, 2003 TO: The Honorable Mayor and City Council FROM: Director of Public Works SUBJECT: REHABILITATION OF MANHOLES WITH NEOPOXY BY L&B ENVIRONMENTAL RECOMMENDATION: It is recommended that the City Council, by motion, approve the rehabilitation of 4 manholes, within the City of South San Francisco, with NeoPoxy Systems by L&B Environmental in the amount of $38,000. BACKGROUND/DISCUS SION: The City of South San Francisco has a large number of manholes that are over 50 years old and all were constructed in brick. The manholes, especially the four recommended in this staff report, are over 10 feet deep and one is over 18 feet deep. The manholes all are in good structural condition because very little mortar was used in their construction and all are built reminiscent of a stone arch by the special positions of the brick. The problem is infiltration from storm water. The system recommended here will completely seal the manhole with an epoxy liner. Other municipalities have used the system and a demonstration was given to the City of South San Francisco at the Water Quality Control Plant. After reviewing installation of the product, if satisfactory, it will be programmed into the CIP. The product is also under review for pipe linings. The product is a proprietary item and requires the City Council's approval to award the contract. Staff Report ro~ Re: Date: The Honorable Mayor and City Council Rehabilitation of Manholes with NeoPoxy by L&B Environmental August 13, 2003 Page 2 FUNDING: Funding will come from the 11',1I Wet Weather Program. By: J o~bs Directo,~ of Public Works City Manager ATTACHMENT: JG/ed NeoPoxy Information L&B Bid Information NeoPoxY PureEpoxy Structural Rehabilitation NeoPoxy Corporation 6805 Sierra Court, Suite A Dublin, CA 94568-2654 Ph: 925.560.1500, Fax: 925.560.1508 www. NeoPoxy. com For M And Systems tation And of Public Works Infrastructures All Products Are 100% Solids Zero World Leaders in Structural Corrosion Protection NeoPoxY PureEpoxy Structural Rehabilitation NeoPoxy Corporation 6805 Sierra Court, Suite A Dublin, CA 94560-2654 Ph: 925.560.1500, Fax: 925.560.1508 www. NeoPoxy. com Brief Listing of Epoxy Products The information displayed in the chart below lists a few of the NeoPoxy resins in common use within the municipal and industrial fields. Specialty epoxies for Cured-In-Place Pipe (CIPP) applications are also included. All of the materials listed herein have been extensively tested for use in underground applications. Greater detail may be obtained from the individual product data sheets located within this catalog section. This is a very limited list, we have more than 200 epoxy products.. Code Resin Type Cure System NPR-3201 Epoxy Novolac Polyamine NPR-4501 Epoxy Novolac Polyamine NPR-5301 Epoxy Novolac Polyamine NPR- 1571 Epoxy Novalac Polyamine NPR-2000 Modified Bis-A Polyamine Notable Properties High tensile elongation. Bonds to PVC and other materials, even underwater. Fast system good for end seals, concrete crack filling and bonding. Cured-In-Place natural gas pipeline rehabilitations as well industrial and municipal applications where longer working time is required Very fast wet-out capability in hose lining systems. Good wet-out in felt products. High chemical resistance spray on product with wet film build of up to 500 mils. Non-brittle structure. Long working time for lining of petrolium and process water pipelines. Heat resistant versions to 400°F. ASNI/NSF Standard 61 approved epoxy for potable water and incidental food contact applications. Pressure pipeline stmcutural rehabilitations from 8" ID and up. Liner wall thicknesses to 2" (2000 mils) Entire contents © 2001 NeoPoxy Corporation. All rights reserved; reproduction in whole or in part without permission is prohibited. We believe this information is reliable, but we do not guarantee its accuracy and assume no liability arising out of its use. The user should thor- oughly test any application prior to commercialization. Our recommendations should not be taken as inducements to infringe any patent or Standards Compliant Infrastructure Rehabilitation The last twenty-five years have seen tremendous innovation and proliferation of trenchless infrastructure rehabilitation solutions designed to satisfy the world's critical water handling needs. Slip lining, cured-in-place pipe, fold and form, pipe bursting, microtunneling, directional drilling, and other processes have delivered soundly engi- neered systems to infrastructure owners. These new solutions rely on nationally and internationally recognized standards to define materials, processes, design & quality assurance. The standards act as guidelines for engineers and owners, giving them a high level of confidence that the materials will perform satisfactorily for a specific period, typically 50 a year design life. As infrastructures are given ever closer scrutiny, rehabilitation needs become more finely focused. The scope, magnitude and urgency of world rehabilitation needs are growing each day and urgent as these needs are, it is important to take the time select materials and processes that give assurance of long term performance, rooted in engi- neering and scientific basis. But what if materials submitted to the engineer and owner are without proven compli- ance to a recognized reference standard? The answer is that no sound basis is available for responsible decision making, leaving the engineer and owner in the uncomfortable and potentially precarious position of relying on a manufacturer or installer's sales and marketing literature for product performance definition. We might call this "a virtual reality standard of performance." Engineers and owners need not put their infrastructure at risk. It is incumbent on the materials supplier to provide independent third party testing applicable to the engineer and owner's performance requirements based on relevant standards such as ASTM, IAPMO, BS, DIN, WRc, ANSI/NSF, NACE, etc. Currently the forefront Of attention is rehabilitation of laterals, vertical pipes (man- holes) and potable water systems. The ultimate performance requirement for these structures is essentially identical to all other rehabilitation systems; they must be suit- able for use. Suitability of use is addressed by testing and compliance to the relevant national and international standards. It makes sense, and who can argue against com- mon sense? Manufacturing and delivering infrastructure rehabilitation solutions founded upon independent third party testing to ASTM, IAPMO, UL, A WWA and other international standards. NeoPoxY 6805 Sierra Court, Ste A Dublin, CA 94568-2654 Ph: 925.560.1500 http ://www. NeoPoxy. corn OilEy of 8o. Sar~ FrancJsco 400 g rand Ave.. So, $.a~ Francisco, CA Re: Project Location Msr~hole Rehabil~tabon Vafio~ Locations Soope uf work: ! 2 3. Provide all~ la~r, equipment and ma/efia~ to Rehabi~ibate Manholes 4 tof~el A's ~ si~ ~{k .~tn Cky C-~nsu~m Su~ey- ~, b¢om and after, Set up t~c ~ntmls. Prep ail su~s e re~ve new lining. (Remove handles, pr~ure wash, ~sc;~e wame ma~nals and re~r me,er.} 4. Appiy NeoPuxy linir~;t ~o 4D yerticai ~'~t of rnar~ho~ at 25;3 mils. Tot,31 Bid Price · $38,000.0D AI~ v¢ork p~rf~rmec by L & B Enviranmental, inc.., is !n strict complianco wi~h 0Il Slal:e Feoeral 8~d local codes &~c~ regul~,ions pertaining [o demOli[ion. remora and ~disposa Th=nk you, L & B.~nvironmer¥/al, Inc. Manhole Sealing E!e~nents DATE: TO: FROM: SUBJECT: Staff Report [ August 13, 2003 The Honorable Mayor and City Council Director of Public Works WET WEATHER PROGRAM - PHASE I PROJECT AWARD OF CONTRACT, ENGINEERING FIIJE SS-02-1, PROJECT NO. 71-13235-0351, BID NO. 2323; APPROVAL OF BUDGET AMENDMENT RECOMMENDATION: It is recommended that City Council adopt a resolution: awarding the construction contract to Mitchell Engineering/Obayashi Corporation in the amount of $18,205,033.00 for the construction of the Wet Weather Program Phase I Project; and amending the 2003-2004 Capital Improvement Program (CIP) by $13,200,000 to reflect a revised project budget of $24,200,000. Funds will come primarily from a State Revolving Fund Loan (SRF), and from Sewer Fund reserves. BACKGROUND/DISCUSSION: The Wet Weather Program consists of improvements to the wastewater collection system and pump stations to control sewer system overflows, which are being constructed to comply with a cease and desist order by the Regional Water Quality Control Board (RWQCB). Compliance is required by November 1, 2007. Phase I consists of the following major components: · Upgrade to San Mateo Pump Station Construction of new Shaw Road Pump Station · Construction of new 36-inch Lowrie Avenue Force Main · Construction of new 42-inch Shaw Road Force Main · Construction of new Effluent Storage Pond and Pump Station · Construction of new Vactor Truck Unloading Station · Installation of new Influent Pumps and Effluent Pumps at the Water Quality Control Plant · Construction of new Gravity Sewer Mains in Lowrie Avenue and San Mateo Avenue Bids were opened on July 16, 2003. A total of 4 bids were received and are as follows: Staff Report To: The Honorable Mayor and City Council Re: WET WEATHIER PROGRAM - PHASE I PROJECT Date: August 13, 2003 Page 2 of 3 CONTRACTOR BID AMOUNT Mitchell Engineering/Obayashi Corp. San Francisco, CA $18,205,033.00 Proven Management San Francisco, CA $18,581,601.00 Mount~n Cascade Livermore, CA $18,890,000.00 Engineering Estimate: $23,200,000.00 Staff recommends that the contract be awarded to Mitchell Engineering/Obayashi Corporation in the amount of $18,205,033.00. Staff has reviewed the qualifications and references of Mitchell Engineering/Obayashi Corporation and found them to be satisfactory. Construction of Phase I is expected to start October 2003 and be completed by October 2005. When completed, it will bring the City into compliance with the RWQCB's cease and desist order. FUNDING: The entire Wet Weather project, including all phases, totals $48.5 million. The city has received a preliminary funding commitment from the State Water Resources Control Board (SWRCB) for $45 million through the State's revolving loan program (SRF). Approximately $2.9 million** in project costs listed below from Phase I are not eligible for SRF reimbursement. The SRF does not cover project contingencies and only covers portions of project administration, planning, design, and construction management. The following is a breakdown of the project budget compared with the portions eligible for reimbursement by the State Revolving Fund Loan (SRF): Eligible Costs for State Loan Phase I Project Budget Construction $18,205,033 Planning Allowance $ 406,524 Design 829,457 Administration 163,845 Prime Engineering Value Engineering Contingency Construction Management Design Support/Construction 44,248 25,000 0 1,609,422 0 $18,205,033 (Bid Item) { { {$ 3,000,000 (PortlonsNot Covered by SRF**) { { $ $ $ 1,092,302(Notcoveredby SRF**) 1,300,000 600,000 TOTAL $21,283,529 $24,197,335 Staff Report To: The Honorable Mayor and City Council Re: WET WEATHER PROGRAM - PHASE I PROJECT Date: August 13, 2003 Page 3 of 3 Difference between State Loan Eligible Costs and Budget ($ 2,913,806)** The City's financial consultant, Bartle Wells, will be evaluating the impact of these ineligible State Loan costs to determine the impact of various rate options, including funding those ineligible costs out of Sewer Fund reserves and cash flow, vs. possibly by bond funding the City' s share of these costs over time. Staff expects to return to the City Council with a comprehensive review of sewer rates before the next budget process. The Sewer Fund will have sufficient reserves to cover the $2.9 million in ineligible SRF costs. In addition, cash flow will not be an issue in the near future, as the project will be completed over a two-year time frame, and as the State reimburses the City promptly for eligible costs out of SRF loan proceeds. The 2003-2004 CIP budget for this project has $11,000,000 available in carryover funds from prior year budget appropriations, but needs to be amended in the amount of $13,200,000 for a total of $24,200,000 to reflect the project costs shown above, iFunding for the $13,200,000 consists of $10.3 million from SRF Loan Proceeds and $2.9 million initially from Sewer Fund Reserves. By: John Gibbs Director o1: Public Works Approv~~ ~ t~/ City Manager ATTACHMENT: Resolution RB//JSJG/ed RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AWARDING THE CONSTRUCTION CONTRACT TO MITCHELL ENGINEERING/OBAYASHI CORPORATION IN THE AMOUNT OF $18,205,033 FOR THE CONSTRUCTION OF WET WEATHER PROGRAM PHASE 1 PROJECT AND AMENDING THE 2003-2004 CAPITAL IMPROVEMENT PROGRAM BY $13,200,000 TO REFLECT THE NEW PROJECT BUDGET ( CIP No. 04-2) WHEREAS, staff recommends that the contract be awarded to the lowest responsible bidder, Mitchell Engineering/Obayashi Corporation in the amount of $18,205,033; and WHEREAS, the City has received an approved preliminary funding commitment of $45,000,000 from the State Water Resources Control Board for the Wet Weather Program; and WHEREAS, this project is included in the City of South San Francisco's Capital Improvement Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council awards the construction contract to Mitchell Engineering/Obayashi Corporation in the amount of $18,205,033 for the construction of the Wet Weather Program Phase 1 Project and amending the 2003-2004 Capital Improvement Program by adding $13,200,000 to reflect the new project budget (CIP No. 04-2). 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 S:\Current Reso's\8-13wet.weather.program.res.doc StaffReport DATE: TO: August 13, 2003 Honorable Mayor and City Council FROM: SUBJECT: City Clerk A RESOLUTION APPROVING THE REVISED RECORDS RETENTION SCHEDULE AND AUTHORIZING PERIODIC DESTRUCTION OF CERTAIN RECORDS FOR ALL CITY DEPARTMENTS IN ACCORDANCE WITH GOVERNMENT CODE SECTION 34090 RECOMMENDATION It is recommended that the City Council approve the attached resolution revising the City's records retention schedule for all City departments and authorizing the periodic destruction of certain records. BACKGROUND/DISCUSSION Resolution No. 170-86 established a records retention schedule and authorized the periodic destruction of certain records in accordance with Government Code Section 34090, et. seq. The purpose of a records retention schedule is to ensure that a responsible program of records management is practiced and documented from creation to disposition in accordance with the law and in the best interest of the City and the citizens of South San Francisco. The current schedule, adopted under Resolution No. 170-86, is outdated and is limited in identifying current City record series. In 2001-02 the City Clerk conducted an inventory of all departments and surveyed records stored at the Corp Yard that resulted in a more comprehensive schedule (Exhibit A). The retention schedule being recommended is based upon statewide guidelines developed by the City Clerks Association of California and maintained by the Secretary of State. All governmental records have legal retention periods that dictate the length of time that records must be retained before destruction. Although most records are required to be retained for a minimum of two years, the City desires to keep many records for longer periods of time for public reference, administrative, fiscal, historic or legal purposes. In order for a record to be purged after the retention period, it must be reviewed by the department head, approved by the City Attorney and City Manager. The City Clerk will maintain a central file of certificates of destruction. CONCLUSION The approval of this resolution and records retention schedule will provide the efficient retention, preservation and disposition of City records, based on state and federal statutes governing u~c. records. · By: /~;t',CX_' //~, ~'2t-C~ Appr~ved:~ ¢~'z,~ t.,~~ ,,/_....=.._ 'Sylvit{ M. mayne City Clerk City Manager ~.~ Attachment: Resolution RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE REVISED RECORDS RETENTION SCHEDUI,E AND AUTHORIZING PERIODIC DESTRUCTION OF CERTAIN RECORDS FOR ALL CITY DEPARTMENTS IN ACCORDANCE WITH GOVERNMENT CODE SECTION 34090 WHEREAS, Resolution No. 170-86 established a records retention schedule and authorized the periodic destruction of certain records; and WHEREAS, the purpose of a records retention schedule is to ensure that a responsible program of records management is practiced and documented from creation to disposition in accordance with the law and in the best interest of the City and the citizens of South San Francisco; and WHEREAS, in 2001-02 the City Clerk conducted an inventory of all departments and surveyed records stored at the Corp Yard that resulted in a more comprehensive schedule (Exhibit A); and WHEREAS, the retention schedule, entitled "South San Francisco Records Retention Schedule" is based upon statewide guidelines developed by the City Clerks Association of California and maintained by the Secretary of State; and WHEREAS, most records are required to be retained for a minimum of two years, the City desires to keep many records for longer periods of time for public reference, administrative, fiscal, historic or legal purposes; and WHEREAS, the records retention schedule attached and incorporated as Exhibit "A" has been devised to provide for the systematic destruction of records, the maintenance of which are not required by law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. The records retention schedule attached hereto as Exhibit "A" is hereby approved. In accordance with Government Code Sections 34090, 34090.5, 34090.6 and 34090.7, records may be destroyed pursuant to the records retention schedule and the following procedure: a) b) c) The department head responsible for the maintenance of the records shall review the records proposed for destruction and made a recommendation to the City Manager and City Attorney. The City Manager's consent must be in writing. The City Attorney must certify that the specific records have been retained for the period required by Government Code Section 34090 and are no longer needed, and that said records otherwise meet the requirements for destruction specified in Government Code Sections 34090, 34090.5, 34090.6 and 34090.7. d) The City Clerk will maintain a central file of certification of destruction. 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 S:\Current Reso's\8-3record.retention.res.doc CITY OF SOUTH SAN FRANCISCO RECORDS RETENTION SCHEDULE 2003 LEGEND Records Retention 8/5/03 A Ad Au C CI = DOB = E = L = O = p = S Active (while a document or work is still in progress) Adoption date Audit (an audit is performed at he end of each fiscal year - to be completed by 12/31) Current (current year, any record or file that is made within the current calendar year; the retention period begins the first day of the following year, i.e., (;+2 means a record created in '/998 plus the next two calendar years would be eligible for destruction in Closed (completed) Date of Birth Election date Life Obsolete Permanent (the record is determined to be of permanent value to the City; original records affecting the title of real property or liens thereon, minutes, resolutions, ordinances) Supersede (only retain the current version; once that version has been revised the older version should be destroyed to eliminate any confusion) Termination (upon termination of contract, employment or case files which may cross multiple years) CITATIONS B&P = California Business & Professional Code CAC = California Administrative Code CCP = Code of Civil Procedure CCR -- Code of California Regulations CEQA -- California Environmental Quality Act CFR -- Code of Federal Regulations EC = Elections Code EL -- California Elections Code FMLA -- Family & Medical Leave Act, 1993 GC = California Government Code H&S = California Health and Safety Code HUD = Housing and Urban Development OSHA = Occupational Safety & Health Agency PC = California Penal Code POST = Police Officers Standards Training UFC = Uniform Fire Code USC = United States Code WIC = Welfare & Institutions Code RECORDS RETENTION SCHEDULE ADMINISTRATION Administration Records Series Title Retention Citation Remarks ELECTIONS Applications, Absentee E+6 months EC17505; From date of election Ballots and Envelopes EC17302 Ballots E+6 months EC17302 From date of election; ballots submitted to precincts/City Clerk that were not used - unless contested (EC17302c) retention by court order Ballots - Prop 218 6 mo EC17302 Property related fees (Assessment Ballot (Assessment Districts) proceeding). Consistent with retention for election ballots; Statewide guidelines propose permanent-California Constitution Article Xlll Calendar (Elections) E+2 GC34090 Calendar that is prepared by City (County's election calendar is retained until no longer required) Candidate Statements E+4 GC34090 Statements printed in the sample ballots (Successful candidates) See desc. retained permanently - historic purposes; E+4 for unsuccessful candidates Certificates of Election T+4 GC34090 Received from SM County Fair Political Practices: Campaign filings for elected P GC81009(b)(g) FPPC Filings (400 series) (must keep paper city officials copy for C+2 years if LaserFiche'd) Campaign filings E+5 GC81009(b) Not elected Campaign filings E+7 GC81009 All other committees Statement of Economic T+4 GC81009(f)(g) FPPC Filings (700 series) original filed with Interest Per Sec 87200 State Statement of Economic C+7 GC81009(e)(g) FPPC Filings (700 series) original filed with Interest City Clerk by "designated employees'; Candidates not elected = E+5 (GC81009(b)) FPPC blank forms, manuals C+5 GC34090 Historical documents re: P GC34090 History of elections, sample ballots, elections certificates of destruction, other resolutions re: elections Maps, PrecinctsNoter E+2 GC 34090,EC 17501; Information EC17301 Nomination Papers: Successful E+4 EC17100 Unsuccessful E+2 Notifications and Publications E+2 GC34090 Proof of publication or posting, certification and listing of notice of posting; copy of newspaper notice and certification of offices to be voted for at forthcoming election Oaths of Office T+6 GC 36507,34090; Elected Officials, all City officers, includes 29 USC 1113 employees, Boards & Commissions Petitions E+8 months EC17200, 17400; GC From date of election; Initiative, referendum, 7253.5; EC 14700 + recall GC3756.8 Precinct Records E+6 months EC17503 From date of election: Precinct official material; declaration of Intention, precinct board member applications, orders appointing members of precinct boards and designating polling places. Includes notice of appointment of office and record of service Voter Indexes E+5 EC17300 Supplied by SM County (includes destruction of CDs or DVDs 2 Admin (Continued) Records Series Title Retention Citation Remarks GENERAL SUBJECT Bids, RFQ's, RFP's: Successful ^U+5 GC34090; CCP337 Requests for Qualifications; Request for Unsuccessful C+2 GC25105- Proposals regarding goods and services 1 ;GC34090 Biographies When no GC34090 Bios on Council city officials longer (CCAC recommends C+2) required Books, Technical When no GC34090 longer required Budgets, Operating and When no GC34090 Department copies Capital Improvement longer required Contractual Agreements C+5 GC34090 Working files - not originals (originals maintained in City Clerk's Office) Copies or duplicates of When no Documents distributed to vadous records for which a longer departments for informational purposes may department is not the office of required be destroyed by the department when no primary responsibility longer required for reference purposes Correspondence C+2 GC34090(d) Correspondence includes memos, message logs, notes, chron files, bulletins, comment cards, misc. docs (Documents stored on computer are treated with same retention as if it were a piece of paper) Correspondence/Reports See desc. Retention for Correspondence related to a report will depend on retention of report. Preliminary drafts, notes and inter-office memoranda are to be destroyed upon completion of a proiect. Employee Time Sheets C+2 GC34090 Departmental working files Equipment T+I GC34090 Owners' manuals; service/maintenance information; purchase information and correspondence & backup data Forms C General Subject C+2 GC34090 Internal working files, including correspondence; files will be reviewed annually, some may require retention longer than prescribed here. Goals and Objectives C+2 GC34090 Departmental goals and objectives Payroll Time Sheets C+2 GC34090; GC6250 Maintained by departments; for preparation of time cards that are submitted to Finance Plaques, scrapbooks, flags, P Historic value photographs, street maps, significant sister city records Reports: Departmental C+2 GC34090 Special/final summary, review or evaluation Staff C+2 GC34090 Non-agenda related, includes supporting documentation Special Projects C+2 GC34090 Subscriptions/publication O Destroy when no longer relevant (non-city) (Obsolete) Support Services C+2 GC34090 Reproduction; printing; postal/mailing services, other internal resources Travel Records C+2 GC34090 3 Admin (Continued) Records Series Title Retention Citation Remarks LEGAL/LEGISLATIVE Agendas C+2 GC34090 Original agendas and special meeting notices, including certificates of posting, original summaries, original communications and action agendas for Council, Boards and Commissions. (Agendas are incorporated into the minutes.) Agenda Staff Reports P GC34090 (d) Orig. documentation received, created (Master, Subject Files) and/or submitted to Council (C+2 orig. when LaserFiche; keep P on LaserFiche/ Appeals, Civil C+3 CCP 583.320(a)(3); GC34090 Applications for Board & GC34090, GC40801 Includes back-up material, resumes, and Commissions: letters Selected T+5 Not Selected C1+2 Articles of Incorporation P GC34090; CCP337.2 Case Log C1+7 CCP 337.2; 343 From close of cases listed; chronological listing of cases Case Records - (High Profile) P GC6254 Significant cases, which have importance/or, set legal precedence. Includes logs, complaints, court orders, motions, notes, briefs Case Records (Routine C1+7 42 USC s1983 Includes logs, complaints, court orders, and completed) motions, notes, bdefs, closing statements (unless minors-3 years after attaining 18) - Litigation, complaints, and/or claims suspend normal retention pedods (retention begins after settlement). Contractual Agreements: Excluding Capital P CCP337.2,343; Includes leases, equipment, services or Improvement GC53066; supplies. &P7042.5' *PU7685; 48 CFR:2 Includes Capital P 2.08.110, GC37090a; Construction Improvement 4004; H&S 19850 Contractual Agreements and P CCP 337,337.1(a), For the removal of toxic/contaminated soil all related documents 337.15, 343, GC from City property 34909 Index, Attorney Case L GC6254 Including notations on activities related to case Legal Advertising C+4 CCP 343,349 et seq; Includes public hearing notices, legal GC 911.2; GC34090 publications Logs, Attorney Service C+2 GC34090 Service request, summaries of monthly Request requests Minutes P GC34090 (d); Official minutes and hearing proceedings of GC36814; GC40801 governing body or board, com'n or com'tee Notices, Meeting C+2 GC34090.7, Special Meetings 54960.1c(1) Opinions S+2 GC34090; GC6254 Confidential Ordinances P GC34090 (d) 40806 Municipal Code Petitions C+2 GC50115; GC6253 Submitted to legislative bodies Resolutions P GC34090(d) Legislative actions 40801 Summons, subpoenas: C+2 GC34090 Originals retained at department; copies request for information or retained until no longer required. personal appearance 4 Admin (Continued) Records Series Title Retention Citation Remarks Tapes, Audio/Video C+2 GC34090.7 When used for minute preparation; kept longer if there's potential litigation. CITY CLERK Assessment Districts P GC34090 Original documentation Assessment Roils C+5 Received from County once a year Council packets C+2 GC34090 Deeds P GC34090 City owned property Insurance policies & P GC34090 For protection from litigation certificates - liability Inventory, Records C+2 GC34090; 80 OPS Inventory of non-current or inactive records Atty. Gen. 106 holdings and location, indices. Tapes may be recycled Municipal Code P GC34090 Supplements included Passport transmittal logs Au+4 GC34090 Consistent with cash receipts Public Records Request C1+2 GC34090 Records Management Cl+2 GC34090 Document includes retrieval, transfers - inactive Records Management P GC34090 Documentation of final disposition or records Disposition Certification Records Retention S+4 CCP 343 Schedule/guidelines POLICIES & PROCEDURES General Administrative S+2 GC34090; All city policies and procedures, instructions 40801 Policy, Council/ S+2 GC34090 Policies, directives rendered by Council not Proclamations assigned a resolution or ordinance number PUBLIC INFORMATION Brochures, publications, S+2 GC34090 newsletters, bulletins, schedules Calendar, City C+2 GC34090 Media Relations C+2 GC34090 Includes cable, newspaper, radio, message boards, presentations RISK MANAGEMENT Accident Reports - City C+7 29 CFR 1904.2; 29 Reports and related records Assets CFR 1904.6 Bonds, Insurance P CCP 337.2; 343 Bond and insurance policies insuring city property and other assets Claims, Damage C1+5 GC34090; City Attorney retains original - Paid/Denied GC25105.5 Litigation, complaints, and/or claims suspend normal retention pedods (retention begins after settlement) Incident Reports C1+7 29 CFR 1904.2; 29 Theft, arson, vandalism, property damage or CFR 1904.6 similar occurrence (excluding fire/law enforcement) (includes incidents occurring on City property) Insurance, Joint Powers P GC34090 Accreditation/MOU's/agreements, agendas Agreement (C+5 when LaserFiched) Insurance, Certificates P GC34090 Insurance certificates filed separately from contracts, includes insurance filed by licensees Insurance, Liability/Property P GC34090 May include liability, property, Certificates of Participation, deferred, use of facilities (C+5 when LaserFiched) Insurance, Workers P GC6410; 29 CFR Indemnity; PERS - working files - originals Compensation 1910.20 with Administrator Photographs, Negatives, Film C+2 GC34090 Risk Management Reports C1+5 OMB 1220-0029; 29 Federal OSHA Forms; Loss Analysis CFR 1904.4; Report; Safety Reports; Actuarial Studies GC34090 RECORDS RETENTION SCHEDULE COMMUNITY DEVELOPMENT Community Development Records Series Title Retention Citation Remarks ADMINISTRATION Benchmark Data C+2 GC34090d Horizontal, vertical & control Bids & Proposals C+2 GC34090d (Unsuccessful) Bids & Proposals (Successful) C1+10 GC34090d Represents completion of all terms of the executed contract or agreement with the organization submitting the successful bid or proposal. Bonds: Development P CCP 337.5 Housing; Industrial Development Security P GC34090 Documentation created and or received in connection with the performance of work/services for the city, or for the parcel maps and subdivision work Code Books P GC34090e National Electrical Code, Uniform Building, Mechanical, Plumbing & Supplements Committees C+5 GC34090 Member lists, minutes/agendas, informational material, reports Drawings, Project Plan L GC34090d Does not include those usually filed with case, proiect or permit Franchises P GC65864, 65869.5, Including subdivision agreements, 34090 CCP337.2, contracts for sale or purchase of 343;AC16023 property, cable, grant of easements and/or involving construction of improvements General Subject CI + 2 GC 34090 Internal working files including correspondence Historic Preservation Inventory P GC34090d Histodc Structures & Landmarks Historic Preservation Commission P To Histodc Resource property owners Grants Incident Reports C+2 GC34090d Emergency call-outs Master Plans P GC34090 Special or long range program plan for municipalities - coordination of services; strategic plannin9 Photographs - Aerial S+2 GC34090d Aerial photographs Project Files (Case Files) P GC34090a; Pertains to real property, new H&S 19850; 4003, construction, storefront improvements, 4004 rehabilitation projects, and promotions. May include blueprints, drawings, maps, photos (including negatives) plans, reports, evaluations, correspondence, uses, permits, variances, studies, appeals, compliance certificates, preliminary notices, lot line adjustments or other planning-related matters brought before the legislative body Reports, Activity C+2 GC34090 Pedodic Seismic Retrofit Program P GC34090a Includes Certificates of Compliance 6 Community Development (Continued) Retent Citation Remarks Records Series Title ion BUILDING Address/permit files P A-Zita, contains finalized permit information Blueprints of city owned property/buildings P Certificates of Occupancy L GC34090a Compliance, elevation, occupancy which affect real property Construction drawings, Specifications C1+2 GC34090d Submitted by contractors with application never issued for permit never issued. Flood Records C+2 GC34090 Inspection P GC34090d Correspondence, fees, appeal requests, reports Logs C+5 GC34090 Logs, registers or similar records listing permits, certificates of occupancy issued; may include inspection, building activity, daily, plan check, utility Microfilm - Property History P Plan Check Files P GC34090a; 4003; Commercial and residential construction, 4004; H&S 19850, tenant improvements - room additions, 19853 spa, signs, block wall, remodel including secudty bonds Projects, not completed or denied 180 GC34090d Uniform Admin Code, Sec 303.4; permit days expires, and Sec. 304.4 plans expire after approv ed Receipts for payment P Manually prepared Signs (Temporary) S+2 GC34090d Home occupations, off-premise signs Street Names and House Numbers P GC34090a Street dedications, closings, address assignment/changes ENGINEERING Capital Improvement Project Plans P GC34090 Infrastructure - streets, curbs, gutters, sidewalks, storm drains, water, sewer, parks Capital Improvement Projects C1+10 CCR337.15 Supporting documents including bidders list, specifications, reports, plans, work orders, schedules, etc. Capital Improvements, Construction- P 2.083110; GC34090a; Contains records re: Planning, design, Municipal Facilities 4004; H&S 19850; construction, conversion or modification of local government-owned facilities, structures & systems Construction Tracking Daily P CCR337.15 Daily Tracking Drawings, Traffic Control Plan P GC34090a Signs, signing & striping, road construction Flood Control C1+2 GC34090d Storm Drains Maps & Plats P GC34090a Engineering & field notes and profiles; cross-section of roads, streets, right-of- way, bridges; may include annexations, parks, tracts, block, storm drains, water easements, bench marks, trees, grading, landfill, fire hydrants, base maps, etc. Permits: Encroachment P GC34090 Improvement C+2 GC34090 May include curbs, sidewalks; Applications for excavation, fill, alterations Oversize Load C+2 GC34090 Parking C+2 GC34090 Residential 7 Community Development (Continued) Retenti Citation Remarks Records Series Title on Paving C+2 GC34090 Use (Temporary) C+4 GC34090 Includes Special Events Other C1+2 GC34090d Alterations, excavations, road, street sidewalks & curb alterations, transportation, swimming pool drainage, temporary uses, etc. Programs: Federal Programs C+3 23CFR633 (a) & (c) Traffic Safety C+2 GC34090 Pedestrian safety, bicycle lanes Reports: Bridges & Overpasses L GC34090 Life of structure Inspection C+2 GC34090 Includes intersection, sidewalks, bridges and overpasses, keep for the life of structure Studies C1+2 GC34090 Traffic volume, accident history, requests, statistics, drawings supporting traffic devices Traffic Count C1+5 GC34090 Evaluation of traffic volume Vehicle Accident C+2 GC34090 Requests for Proposals (RFP's) C+2 GC34090 Retention for Department historical value Routes, School Bus & Truck C+2 GC34090 Truck routes, access ramps, rest areas Signage L+2 GC34090 Log books, index register cards, inventory lists, records of traffic signs Special Districts P GC34090a Supporting documents re: improvement, lighting, underground utility; bonds, taxes, & construction Speed Limits S+2 GC34090 Street/Alley (Abandonment/Vacation) P GC34090d Relinquishment of dghts and fee title Studies, Special Projects & Noise Areas C1+2 GC34090d Engineering, Joint Powers, noise, transportation Surveys P GC34090a Recording data and maps Traffic Signals P GC34090 Logs, drawings, wiring diagrams, codes, circuit numbers, installation records, testing and maintenance ENVIRONMENTAL QUALITY Air Quality (AQMD) C+7 CCP 338(k); GC34090 Participants/voucher logs, Total Daily Mileage Survey (TDM); various local authorities; Commute Alternative Asbestos P GC34090a Documents abatement projects, public buildings California Environmental Quality Act P GC3490a + CEQA Exemptions, Environmental Impact (CEQA) Guidelines Report, Mitigation monitoring, negative declaration, notices of completion and determination, comments, statements of overriding considerations Congestion Management C+2 GC34090d Ride shadng, trip reduction Environmental Review C1+2 GC34090d Correspondence, consultants, issues, conservation Pest Control C+2 GC34090d Pesticide applications, inspections & sampling, documents Soil, HAZMAT level 1 or 2 C1+2 GC34090d Analysis, construction recommendations Soil Reports P GC34090d Final Reports 8 Community Development (Continued) Retent Citation Remarks Records Series Title ion GRANTS Community Development Block Grant P GC34090; 24 CFR Applications, reports, contracts, and Urban Development 570.502; 24 CFR85.42' supporting documents Financial Records C1+5 GC34090 Refer to grant application close-out procedure Grants C1+5 24CFR 570.502(b) (3); Project files, contracts, proposals, 24 CFR statements, reports, sub-recipient 85.42 OMB Cir. A-110, dockets, Environmental review, grant Attach. C; documents, applications, inventory, OMB A-102 &128, HUD consolidated plan, etc. Includes Section regulations 108 loan guarantee Grants, Federal and State C1+5 GC34090 Refer to grant application close-out procedure Grants, Unsuccessful Cl+2 GC34090 Applications not entitled Reports, Federal & State P GC34090a Grants, Community/Urban Development (includes CDBG) HOUSING Applications for Loans - rejected C+2 GC34090 First time homebuyers program Appraisal Reports C+5 GC34090, 6254(h) For land acquisition - not accessible to the public Bonds P CCP337 Revenue Bond Documentation Employees First Time Homebuyers Loan C1+4 GC34090, CCP 337 Loan pay-off + 4 years Program Covers statute of limitations for contracts Housing Programs P 24 CFR 570.502(b)(3); Comprehensive Housing Authority 24 CFR 85.42 & OMB Strategy, Meeting Credit Certificate, Cir. A-110, fCC Housing bond advisory, HOME, In-Lieu Housing Mitigation, Low/Moderate Housing, Rental Housing Assistance Loans P GC34090 Promissory notes, Deeds of trust, detail information. Photographs C+2 GC34090d Photographs not associated with a project file Promotional Material C+2 GC34090 Railroad Right-of-way C+3 36CFR64.11 Land acquisitions, correspondence, improvements, statutory records Redevelopment: Budgets P GC34090, 40802, 53901 Includes annual audit GC43900 et seq. Bond Issues P Relocation Files C1+2 GC34090 Redevelopment/related to eminent domain Summer Youth Program C+2 GC34090 Invoices and detail for summer youth programs, reportable to other agencies 9 Community Development (Continued) Retention Citation Remarks Records Series Title PLANNING Annexation Case Files P GC34090a Reports, agreements, public notices Assessor Parcel Information S CC34090 County retains originals Case files, Planning & Zoning P GC34090a; Pertains to real property. May include H&S 19850; 4003; reduced copies of blueprints, drawings, 4004 maps, and plans; reports, evaluations, correspondence, use permits, variances, studies, appeals, compliance certificates, lot line adjustments or other planning-related matters brought before legislative body Development Agreements P CCP337, Infrastructure contracts, franchises; 337.1(a),337.15; including CC&R's, property restrictions, park GC34090; improvements, sidewalks, street & alley, 48 CFR 4.703 utilities. Development Conditions P GC34090 Mitigation measures; filed with case files Development Permits P GC34090a; H&S Building, Planning, signs, grading, including 19850; 4003; 4004 drawings and specifications Development Standards S GC34090a Landscape mediums, parkway landscape development, public works construction (copy may be retained for historic purposes) Environmental C+2 Non-records determinations/reports or nag decs for outside City boundaries General Plan and Elements P GC34090 Includes sphere of influence General & Specific Plan Amendments: Approved P GC34090 Denied C+3 GC65103: GC50110 Interpretations P GC34090 Land uses, nonconforming P GC34090a Building or site usage which does not conform to current standards Maps, Plans, Drawings, Exhibits, Retain as GC34090; Zoning, tentative subdivision, parcel, land Photos long as H&S 19850; use map, aerial photos, specific plans required GC34090.7 Projects, not completed or denied Retain as GC34090d Planning long as required 10 RECORDS RETENTION SCHEDULE FINANCE DEPARTMENT Finance Records Series Title Retention Citation Remarks AUDIT Annual Financial Reports P GC34090 Copy retained by City Clerk's office Budgets, Operating and Capital, P GC34090 Copy retained by City Clerk's office Adopted Reviews, Internal/External CI GC34090; Daily, weekly, monthly, quarterly, or other Periodic (completed) GC6250 summary, review, evaluation, log, list, statistics, except a report FINANCE Accounts Payable Au+4 GC34090 Invoices, check copies, supporting documents (copies maintained by departments are C+2) Accounts Receivable Au+4 GC34090 Assessment Districts T GC34090 Collection information/until termination of district; Original documentation files with City Clerk Bank Reconciliations; Bank Au+5 GC34090; Statements, summaries for receipts, statements 26 CFR 16001-1 disbursements & reconciliation's Budget adjustments Au+5 GC34090 Account transfers Business licenses C+4 GC34090; Paid & reports electronic CCP 337 Checks Au+5 GC34090 Includes payroll, canceled & voided checks CCP 337 Deposits, Receipts Au+4 GC34090; Checks, coins, currency CCP 337 Developer deposits/history T+5 Petty Cash Receipts AU+4 GC 34090 Copies maintained by departments Petty Cash Records (copies C+2 GC 34090.7 Includes copies of receipts, logs, transmittal forms being maintained by depts.) Invoices Au+4 GC34090 Copies sent for fees owed, billing, related documents Ledger: P GC34090; General CCP 337 Journal Voucher Au+4 GC34090; Account postings with supporting documents CCP 337 Purchase Orders / Requisitions Au+4 GC34090; Original documents CCP 337 State Controller P GC34090 Controller may destroy after 5 years Vendor Register P GC34090 Alpha vendor listing of purchase orders, invoices, electronic account numbers and check date Taxes, Receivable Au+3 CCP338 FIXED ASSETS Inventory Au+4 GC34090; Reflects purchase date, cost, account number 26 CFR 301 65- I(F) Surplus Property: Auction Au+2 GC34090 Listing of property Disposal Au+4 GC34090; Sealed bid sales of equipment CCP 337 Vehicle Ownership & Title L VC 9900 et seq. Title transfers when vehicle sold 11 Finance (Continued) Records Series Title Retention Citation Remarks PAYROLL Address changes, direct deposit, Au+4 GC34090 vacation and comp times sales Adjustments Au+4 GC34090 Audit purposes 29 CFR 516.5- 516.6 Deferred Compensation T+5 GC34090; Records of employee contributions and city Reports 26 CFR 16001-1 payments 29 CFR 1627.3(2) Employee Time Cards Au+6 GC34090; Signed by employee for audit & FEMA Reports 29 CFR 516.2 20 CFR 516.6(1); IRS Reg. 31.6001- l(e)(z); R&T 19530; LC 1174(d) Register P GC34090; Labor costs by employee & program GC37207 Reports, PERS Employee T+4 GC34090; Record of deductions (PERS Public Employee Deduction CAC 22-1085-2 Retirement System) 26 CFR 31-6001- 1; 29 CFR 516.5, 516.6, LC 1174(d) Reports, Federal and State Tax Au+4 G034090; Forms 1096, 1099, W-4's and W-2's 29 USC 436 26 CFR 31.6001.1-4; IRS Reg 31.6001- 1(e)(2); RST 19530;29 CFR 516.5-516.6 Reports, Labor Distribution Au+2 GC34090 Costs by employee & program Reports, Leave Hour C+4 IRS Reg 31.6001- 1(e)(2), 29 CFR 516.5-516.6, R&T19530; LC1174(d); GO 34090 Salary Records T+3 GC34090; Garnishments 29 CFR 516.2 CAPITAL IMPROVEMENT FINANCING AUTHORITY Administration P GC34090 Financial Records P GC34090, 40802, 53901 Management Reports C+2 GC34090 TREASURER Bonds: Account Statements Au+5 GC34090; Monthly statement of transactions CCP 337.5 Administration T+5 GC34090; Supporting documents CCP 337.5 Investment Transactions Reports ~ GC34090; Summary of transactions, inventory & earnings CCP 337; report GC 53607 12 RECORDS RETENTION SCHEDULE FIRE DEPARTMENT Fire Records Series Title Retentio Citation Remarks n ADMINISTRATION Books, Fire Code S+3 GC 34090.7 Include OPS manuals CCP 340.5 Inspections, Fire Station C1+2 GC34090 Inspections, Fire Prevention C1+3 UFC103.34 Alarm/sprinkler systems, prevention efforts Investigations, Evidence Arson P PC799 Support prosecution resulting in homicide Investigations, Evidence Arson C1+6 PC800 Great bodily harm, inhabited structure or property Journals, Fire Station P GC34090 Activities, personnel, engine company Legal Opinions P GC34090 From State legislature or City Attorney's office Mutual Aid, Strategic Plans C+2 GC34090 Patient Care Reports P Medical reports Permits, Fireworks C+2 GC34090 Permits for fireworks booths Policies & Procedures C+2 GC34090 Includes rules, regulations, standards FIRE PERSONNEL Background investigations: Hired T+5 GC34090 Not hired C1+2 Controlled substance P GC34090 Morphine/valium record keeping Exposure T+30 29CFR Sampling results, collection methodology, 1910.1020 background Exposure T+I 29CFR Laboratory reports and worksheets 1910.1020 Medical T+30 29CFR 1910.1020 Medical T+2 29CFR Employees less than one year 1910.1020 Training T+2 GC34090 Cedifications/designations PROPERTY Apparatus/Vehicle C+2 GC34090 Repair and Maintenance CCP 340.5 8 CA Code of Regulations 3203(b)(1) Field, Non-fire and Logs C+2 GC34090 Fire, Non-arson and Logs C+2 GC34090 Fire Equipment/Gear Logs C+2 GC34090 Incident Reports Cl+5 GC34090 Dispatch and daily logs CCP338 CCP 340.5 Inventory, Equipment & C+2 GC34090 Supplies Investigations, Evidence Arson C+3 PC801; Structure UFC 104.32 CODE ENFORCEMENT Abandoned Vehicles Cl+2 GC34090d Private property Case Files P GC34090d Building, housing and mobile home code violation records including inspections; public nuisance rubbish and weed abatement, vehicle abatement, citations, massage parlor permits, general Forms/handouts S Knox box, after hour inspections etc. Liens & Releases, Supporting C1+2 GC34090 Utilities, abatement, licenses Logs C+2 GC34090d Lien Recovery, citations, complaints 13 Fire (Continued) Records Series Title Retention Citation Remarks Regulations S+2 GC34090d Includes rules Reports, Federal & State P GC34090a Code enforcement statistics; may contain records affecting title to real property or liens thereon Safety Inspector Reports P GC34090 Engine Company Violations, Building, Property & C1+2 GC34090d Supporting code enforcement activity Zoning Weed Abatement C+5 GC34090 Reports, assessments, resolutions, documentation HAZARDOUS MATERIALS Hazardous Waste Disposal C+10 CA OSHA; Documentation re handling and disposal of 40CFR122.21 hazardous waste Permits, Hazardous Materials P GC34090 Although the GC only recommends current + 2 Storage years, other agencies consistently recommend permanent retention of environmentally sensitive material Programs, Household S+2 GC34090 Hazardous Waste Training Materials S+2 Cai Code Reg. Standards and Administration 3204(d), et seq. Underground Storage Tank: Compliance P GC34090a Documents re: storage Maintenance & Oper. C+2 GC34090 Location, installation, removal, remediation 14 RECORDS RETENTION SCHEDULE HUMAN RESOURCES Human Resources Records Series Title Retention Citation Remarks Benefit Plan Enrollment, Denied T+5 GC34090 (Part of EE file) Benefit Plan Claims P GC6250 et seq.; May include dental, disability, education, health, CFR 1602.30; 32; life and vision including dependent care and Lab Rel Sec 1174 Employee Assistance 29 CFR 1637.3; 29 USC 1027; 29 CFR 1627.3; 29 USC 1113 Classifications and Appointments P GC34090; Includes supplemental Personnel records GC12946; 29 CFR 516.6(2); 29 CFR 1602.4 Employee Accident Reports T+5 GC34090 (Part of EE file) Employee Handbook S+2 GC34090 General employee information including benefit (currently non-existent) plans Employee Programs C+5 GC34090; Recognition/customer service GC12946 Employee Rights GC12946; 29 CFR May include arbitration, grievances, union Non-Safety Employees T+5 1602; 29 USC 211 requests, sexual harassment and civil rights, Safety (Police) T+5 (e); 203(m); 207(g) complaints, disciplinary actions Hourly Employees T+5 GC12946; GC34090 29 CFR 1627.3, Labor Relations Section 1174 Immigration P Immigration I-9's Reform/Control Act 1986 Pub L 99-603 Job interest cards C+2 GC34090 Medical Leave T+5 FMLA 1993 US (Part of EE file) May include family leave; OSHA; 29 CFR certifications; tests; W-4's 1910.20; 29 CFR 1602.30.32; 49 CFR 193-9 Motor Vehicle Pulls (DMV) C1+7 GC12946, CA 91009; 8 USC 1324 (a) Negotiations (labor relations) ~ 29 USC Sections Notes, notebooks, correspondence, contracts, and 211 c, 203(m), Memorandums of Agreements 207(9) Personnel Files: Reference: 29 CFR Applications, certificates, disciplinary action, 16273; Lbr Rltns disciplinary complaints, grievances, insurance, Non-Safety Employees - T+25 Sec 1174; 29 CFR licenses, performance appraisals, personnel Safety - T+25 1602.30.32; history, Release Authorizations; certifications; GC6250 et seq.; 29 reassignments; outside employment; CFR; GC 12946, commendations; terminations; Oaths of Office; 34090,1607.4; 29 pre-employee medicals; fingerprints; identification CFR 655.202; 29 cards (ID's) CFR 516.6 et seq.; 45 CFR 1068.6(a) Personnel Records (copies) C+2 GC34090; Attendance; evaluations; drafts; worksheets, GC6250 postings 15 Human Resources (Continued) Retention Citation Remarks Records Series Title PERS, Social Security, SSI T+5 29 CFR 16:;)7.3(2); GC (Part of EE file) EEOC/ADEA 12946, 34O9O Recruitment C1+3 Reference: Applications (not hired), resumes, alternate GC12946; GC6250 et seq; lists/logs, indices; ethnicity disclosures; 29 CFR 1602 et seq.; 29 examination materials, examination CFR 1607; 49 USC answer sheets, job bulletins; eligibility; 2000(e)-8; 2000c-12 electronic database Reference Checks T+2 GC1;)946 Surveys & Studies C+5 GC 12946, 34090; 29 CFR Includes classification, wage rates 516.6(2); 29 CFR 1602.14 Training Records: Non-Safety C+7 GC6250 et seq. Employee/volunteer applications, program training, class training materials, internships Personnel (by name) T+7 GC34090 Paperwork documenting officers' internal and external training Safety C+2 GC34090 Certifications/designations Volunteer workers: Includes applications, waivers, placement hired T+2 GC34090 forms; Information is generally kept by not-hired C+2 departments Workers Compensation P CCR 14311; 15400.2 Labor Claim Files, Reports, Incidents (working Code 5405 Title 8 files) originals filed with Administrator 16 RECORDS RETENTION SCHEDULE INFORMATION TECHNOLOGY Information Technology Records Sedes Title Retention Citation Remarks Annual fiscal year and calendar C+7 GC34090 et. Considered an electronic communication and year full backups seq. can be destroyed when no longer required; retention based on administrative value Monthly full backups Until no GC34090 et Stored off-site; Considered an electronic longer seq. communication and can be destroyed when no required longer required; retention based on administrative value Daily full backups 30 days GC34090 et. Considered an electronic communication and seq. can be destroyed when no longer required; retention based on administrative value; recycle tapes Internet, World Wide Web C+2 GC34090 Management/policies and supporting documentation Inventory information systems C+2 GC34090 Hardware/software inventory logs; systems manuals Licenses C+2 GC34090 Forms, documentation required by Federal or State Agencies Network information systems C+4 GC34090; Configuration maps and plans (LAN/WAN) CCP 337.2; CCP 343 17 RECORDS RETENTION SCHEDULE LIBRARY LIBRARY Records Series Title Retention Citation Remarks Class rosters Cl+2 GC 34090 Grants received P Applications, reports, all pertinent documents; kept in-house, historic value Library Board of Trustees P Historic value meeting packets Patron comments on materials C+7 Cards filled out by Library patrons and kept in-house Staff manual C Kept in-house State library reports P Historic value 18 RECORDS RETENTION SCHEDULE POLICE DEPARTMENT Police Citation Remarks Records Series Title Retention POLICIES & PROCEDURES Dept. Procedures / General Orders S+5 Dept. Rules & Regulations S Records' Procedures S PERSONNEL/TRAINING Payroll C+2 Personnel: Background investigations: Hired T+5 Not hired C1+2 Personnel information C+2 PAF's OSHA reports, change of address forms (copies) Accident Review C1+5 PC 832.5 Investigation of employee-involved vehicle accidents. Citizen Complaints C1+5 PC 832.5 Investigation of complaints by citizens Internal Affairs C1+5 PC 832.5 Investigation of alleged employee misconduct. Shooting/officer involved L GC 34090 Investigation of officer-involved shootings. Daily Attendance C+2 Employee work schedule Schedules Training :1-+2 Employee training (includes swom and non swom) Recruitment C+2 GC12946 Background information on applicants. Personnel Photographs S+2 GC34090 Bi-annual CJIS Certification C+2 Comp Time/Shift Swap Request C+2 Forms Crossing Guards T+2 Daily Roster C+2 Employee lists S GC 34090 Until superseded; computerized and updated periodically Grievance files C1+2 Grievance filed by employees, supporting documentation Hostage Negotiation Team C+5 K-9 Training C+5 P.O.S.T. compliance - Dispatchers T+2 P.O.S.T. notification of appointment/ T+2 termination P.O.S.T. reimbursements C+2 P.O.S.T. school travel C+2 authorizations Performance Reviews T+2 Copies (Orig. in HR) Personnel meeting notes Cl+2 Reserve Officers; training, T+2 jobs/hours worked Shift Bids C+2 SWAT C+5 Training bulletins, lesson plans P (range), firearms (range) Training/Schools C+2 19 Police (continued) Retention Citation Remarks Records Series Title Twenty-First Century Leadership S Academy Use of fome/Supv, review C1+2 Volunteer card files T+2 GC34090 Volunteers' ID, contact info Watch Assignment/timekeeping C+2 records CRIME / ACCIDENT / INCIDENT / ARREST REPORTS, CITES, WARRANTS Felony crimes with or without P PC800,801 arrests See desc 0034090 Commencement of prosecution defined in PC 804. Exception: See PC 803 - Tolling/Extension of time pedods: Appeals process and "Three Strikes" also considerations in assi~nin~l retention. Felony & Misdemeanor Cdmes w/o See desc PC 799, 800, Retention per Statute of Limitation arrest - Sections 799,800,801, 801,801.5, (Refer to Page 25, Note 2) 801.5 801.6,802(a), 802(b) and 802(c) Traffic Accidents Involving City property or C+7 personnel Fatal & major injury P Involving arrest P All others C1+2 Infractions or no crime occurred Cl+2 GC 34090 No arrests, identifiable property of missing persons (Refer to Page 25, Note 1) Specific Reports by title: Mental Case P D.V. related Ass&Bat P Involves City property or C+7 personnel Missing persons C1+2 Sexual assaults P Child abuse & neglect P 11170(a)(3) PC If substantiated or inconclusive must be retained minimum 10 yrs. Arrest/conviction H&S Section C1+2 H&S 11361.5 Applicable to convictions occurring after 11357(b),(c),(d),(e) or H&S Section (Mandatory 1976 or arrests not followed by a conviction 11360(b) violations (occurring after destruction occurring after 1976; exception: 11357(e) 1976) from date of retained until a juvenile offender attains the conviction or age of 18 years, then destroyed pursuant to date of arrest 11361.5 w/no conviction) Arrest/Conviction H&S Section Mandatory H&S 11361.5 Applicable to convictions occurring prior to 11357(b), (c), d), (e) violations destruction (c) 1976 or arrests not followed by a conviction (occurring before 1976 (w/written occurring prior to 1976 violations of H&S notice from Code 11357, 11364, 11365, 11550 DO J) Citations: California Vehicle Code C+2 GC34090 Original is forwarded to court Infractions (Police Copy) Parking/Traffic C+2 GC34090 Originals are forwarded to court after agency processing; includes citations electronically created Transmittals C+2 GC34090 Listing of citations forwarded to court, filed for reference 20 Police (Continued) Retention Citation Remarks Records Series Title Arson, Sex, and Narcotics L Fingerprint Card, photo, & criminal history. Registrant Files Information also forwarded to DOJ Evidence tapes See desc GC34090.6 Destroyed after adjudication of case, or statute of limitations Field Interview Records C+2 GC34090 Contact info Fingerprints: Applicant Files T+2 GC34090 Checks for city employment, business license applicants; may include related paperwork (DOJ Transmittal form) (covers all City depts.) Local 10-digit or palm pdnt cards L Persons booked into detention facility Latent prints See desc Latent pdnts are treated as evidence Suspect, Adult/Juvenile CI Adults/juveniles suspected of a crime, taken for comparison. Destroy after original purpose achieved. Destroy when other evidence is destroyed. Homicide (investigator's file) P GC 34090.6 Photographs and negatives: Crime Scene See desc Destroy when case closed &/or no longer functional Traffic accident scene: Retention is same "Traffic Accidents" Involving City property or C+7 reports, Pg 21 personnel Fatal & major injury P Involving arrest P All others Cl+2 Mug shots L Life of arrestee Rap Sheet DOJ GC34090 Requests for criminal history of defendant, advises to suspect/potential suspect keep only as long as needed Sealed Records: Adult found factually innocent Mandatory PC851.8 General provision; upon petition, records of destruction agency must be sealed and destroyed in upon and accordance with the provisions set by court pursuant to record; exceptions. Court Order Juvenile Mandatory WlC 826(a) Local law enforcement records within WlC destruction &(b), 826(b) may be destroyed as ordered by the upon and WlC 781(A) court. Records involving arrests, detention pursuant to and/or petitioning juvenile before juvenile Court Order court Tapes (audio, video, as evidence) See desc Same retention as crime report. Warrants: Felony Eligible for Recommended by the California Law recall after 10 Enforcement Warrant Officer's Association yrs, upon review by DA's ofc. on case-by-case basis. Misdemeanor Criminal Recall after Recommended by the CA Law Enforce 5 yrs Warrant Officer's Assoc. Served C Included warrant service information card, alpha index card Unserved (local) See desc Until served, recalled or purged 21 Police (Continued) Records Series Title Retention Citation Remarks INTELLIGENCE ABC files C1+2 Gang Member Index C+2 Name, address, monikers, gang affiliation of active members Gang Registration C+2 Meeting notes, development of Dept. procedure Intelligence Operations Bulletins CI Narcotics: T+10 Legal notifications, identification information, Confidential Informant Files payment information, activities information Parolees records - SSF See desc List of current active parolees. Destroyed individually when person is no longer on parole. Pawn Broker/Secondhand Dealer C+2 GC34090 Pawn slips. Dealer required to file duplicate with agency. Probation records -Juvenile C1+2 Info from County of iuvs in SSF on probation Registration files - CIB C1+2 TIP Bulletins C+2 Wanted Posters - FBI CI DEPT. PROGRAMS / SPECIAL PROJECTS ABC G.A.L.E. C+2 Adopt-a-Dwelling C+2 Adopt-a-School C+2 Citizens' Academy C+2 Commendation Committee C+5 COPPS S D.A.R.E. C+2 Directed Patrol Logs C+2 Domestic Violence Tracking C+2 Downtown Offenders C+2 Downtown Project C+2 Explorer Program: For donations to the Police Explorer Post to Checkbook, savings accounts and Au+4 GC34090 augment monies budgeted by the city; accounts payable checks received Program files C+2 Minutes of meetings, trip plans, evaluations First Chance Program C+2 Grant Writing C+2 Gratuity File C+2 Juvenile Smoking (308B P.C.) C+2 Law Enforcement Block Grants C1+5 Lesson Plans: DARE, gangs, sober S graduation, citizens' academies Narcotics Task Force (NTF) - C+2 County PAL Program: Bills, team expenses, accounts C+2 GC34090 For payment of activities and other expenses ~n regard to the PAL Program. Treasurer Repods P GC34090 Yearly final reports done by an accountant not employed by City. Insurance Contracts P GC34090 Proof of insurance coverage. Membership lists C+2 GC34090 Pal Program membership rosters. Monthly newsletters C+2 GC34090 Newsletters describing upcoming events. Permission slips C+2 GC$4090 Permission slips signed by parent giving the okay for the child to participate in a given activity. 22 Police (Continued) Records Series Title Retention Citation Remarks Project N.E.^.T. C+2 Sober Graduation C+2 Summer Youth Work Program C+2 Transient Encampments C+2 Vehicle Theft Task Force (VTTF) - C+2 County LOGS / STATS / INVENTORY Asset Forfeiture: C1+2 GC 34090 Log by case number, defendant's name, Proceedings Case File amount of money involved and how distributed Booking fees paid to County C+2 Case Assignment Log C+2 Case # and detective assignments Court Liaison's filing Icg C+2 Contains case number, arresting officer, suspects' names, charges, victims' names, date of filing Dispatch Incident/Status Cards C+2 GC34090 Equipment: Manuals, warranties, instructions T Retained until termination of equipment use Service Records T Retained until termination of equipment use Firearms Inventory P Department-owned weapons, personal weapons, alternate weapons, secondary handguns; produces inventory reports Holding facility: Jail Operations C1+2 "Lock-up" inspection reports Temporary Holding Facility C+6 Individual's name, age, sex, report #, Health Questionnaire and Facility charge(s), cell #, ID#, time date, time Icg checks, officer's name Property Control C+2 GC34090 Log items coming into and going out of properly room. Is done on Property/ Evidence form and filed with the case report when completed. Reports, Activity: Daily Activities Records C+2 Daily accounting of calls-for-service and initiated activities by officers and PSTs Daily Activity Report (monthly) C+2 Undercover activity financial C+2 disbursement records (buy fund) Speedometer calibration certificates C+2 Statistical (Crime analysis) C+2 Internal generated info, using activity logs, citizen calls, current & past crime statistic reports, citations, crime reports, accident reports, permits, receipts. Reports created for variety of purposes including increases/ decreases in criminal activity; officer workload, deployment, time usage Subpoena Log Book C+2 GC 34090 Subpoenas received/served daily Towed/stored vehicle logs C+2 Date, time, locations, description of vehicle, tow company UCR Crime statistics C+5 Uniform Crime Reports. Mandatory to DOJ. TRAFFIC Abandoned Vehicle Abatements C+2 C.A.R.E. (Citizen Assisted Radar C+2 Enforcement) 23 Police (Continued) Records Series Title Retention Citation Remarks Courtesy Notice of Violation C DUI Cost Recovery C+2 Monthly Traffic Reports C+2 Office of Traffic Safety Grant- Avoid C+2 the 23 Parking Cite Fine Collection C+2 Parking Place Commission C+? Working files Preliminary Alcohol Screening (PAS) C+2 calibration log Radar calibration records T+2 GC 34090 Documentation of radar instruments retained during use/ownership Radar Survey S+2 Rat Boxes C+2 SWITRS C+2 TARPS Expense & Accommodation C+2 worksheets Taxi Cab Inspections C+2 Taxi Cab Driver Applications T+2 Tow Companies C+2 Tow Truck Drivers' ID T Tow Truck Inspection C+2 Traffic Activity Log C+2 Traffic Complaints C+2 Traffic Counts C+5 Traffic Officer Statistics C+2 GENERAL SUBJECTS & CORRESPONDENCE 9-1-1 Printouts C+2 Accounting / cash reconciliation Au+4 Records of monies into the General Fund Affidavit of Costs C+2 Auction Records C+2 Bail receipts C+2 Bike Registration Files C+2 GC34090 Bike registrations and renewals Briefing Board Info C+2 Business Licenses - PD approval C+2 Citizen Questionnaire / Survey C+2 Citizen response to service received or Response request for service & correspondence Civil Subpoena Witness Fees C1+2 Client Alert/Legislative Updates S+2 Code Enforcement Log C+2 Colma PD Contracts T+5 Concealed Weapon Permit A+2 CPS & California Law Enforcement C1+2 Procedure/agreement to release State Teletype system (CLETS) summary criminal history Daily Cash Audit Sheets Au+4 Damaged Vehicle Log C+2 Dance Hall Security Payments C+2 Destruction of firearms / narcotics P GC 34090 Disposal file Fingerprinting Transmittals to the C+2 DOJ 24 Police (Continued) Records Sedes Title Retention Citation Remarks Firearms Dealers C+2 NCIC Validations C+2 OSHA Claims T+2 Palmistry Applications C+2 Repossession/Private Tows of C+2 Written verification from particular Vehicles companies Research Project Files Cl+2 GC34090 May inctude request forms, background materials, staff reports, final project reports and supporting data. Restitutions C+2 Restraining Orders, EPOs C Destroy after law enforcement actions described in PC 273.5, 273.6,646.9, 12028.5, 13700 and Family Code Sections 6380-6383 are fulfilled and effective date of restraining order has expired Ride-Alongs C+2 Security Guard Agencies C+2 Solicitors C+2 Staff Meeting Notes C+2 Supervisors' Meeting Notes C+2 Taser T+2 Uniform Vouchers (by name) C+2 GC34090 Authorize purchase Vehicle Inventory Sheets C+2 The destruction of felony, misdemeanor and infraction Crime/Case/Incident Reports is permitted providing: Note 1 1. 2. 3. 4. 5. 6. They do not relate to an unadjudicated arrest except for H&S 11357 or H&S 11360 violations; They do not relate to unserved warrants; They do not involve identifiable items which have not been recovered; They do not relate to PC 290, PC 457.1, or H&S 11590 registrants; They do not relate to violations listed in PC Sections 799 and 800; The cases are not presently involved in either a civil or criminal litigation. 25 RECORDS RETENTION SCHEDULE PARKS, RECREATION AND MAINTENANCE SERVICES PR&MS Records Sedes Title Retention Citation Remarks ADMIN/RECREATION Accident Reports - Rec program C1+2 GC34090 Accidents by patrons using City facilities, patrons attending classes City co-sponsored groups Applications, rosters, financial reports Class Rosters C+2 GC34090 Day in the Park C+5 GC34090 Year to year working files; vendor and event information Facility Rentals/Use C+2 GC34090 Permits, contracts, diagrams, schedules, insurance binders Harbor District/Marina P Historic records; billings, financial reports; administrative records Park In Lieu Fees P Dev. Projects - formula for determining fee and record of payments Photographs S+2 GC34090 Special events, retained for histodc purposes Plans, Proposed C+2 GC34090 Future plans, new sites, expansions or until superceded Refund requests Au+4 Classes, facility rentals Schedules, Classes & Events C+2 GC34090 Enrollment, liability releases, evaluations, attendance, flyers School District/City leases P Copies maintained for reference purposes Studies C1+2 GC34090 Future park sites, expansions SENIOR SERVICES Grants - Aging C1+5 GC34090 Federal and state grants Project Files C+2 GC34090 Current project information including memos, correspondence, supporting documents relative to the project Receipts - donations C+2 GC34090 Used in quarterly reporting to other agencies STREETS/PARKS Abandonments/Vacations P GC34090 Closures P GC34090 Common Greens C+5 GC34090 Maintenance, assessments Community Garden License C+5 GC34090 Agreements Easements, Dedications, Rights-of- P GC34090 Way Field Books P GC34090 Incident Reports C1+7 GC34090 Damage to parks, facilities Intersection Records C+2 GC34090 Includes correspondence, volume counts, accident history Inventory, Equipment A+2 GC34090 Warranties, purchase orders Landscaping Records C+2 GC34090 Plants, tree maintenance, work orders, contracts, complaints, specifications, photos, reports Landscape Drawings 2 GC34090 Drawings Lightin9 C+2 GC34090 Maintenance, work orders 26 PR&MS (continued) Retention Citation Remarks Records Series Title Maps P GC34090 Irrigation, plot plans, fire hydrants, lighting districts, wheel chair ramps, storm drains, streets, sidewalks, utilities Maintenance and Operations C+2 GC34090d Service requests, invoices, supporting documentation; buildings, equipment, field engineering, public facilities including work orders and graffiti removal Master Plans C+2 GC34090 Copies Parking: Lots C+2 GC34090 Regulations S+2 GC34090 PG&E Programs C+5 Reports/Studies C1+2 GC34090 Tree removal permits C+5 GC34090 CITY GARAGE Accident Reports, Vehicle C1+2 GC34090 memos and working documents Fueling A+3 CCP 337 Meter readings, fuel consumption reports, invoices, receipts and records pertaining to refueling operations Hazardous Waste Disposal C+10 CAL OSHA; Documentation re: the handling and disposal 40 CFR 122.21 of hazardous waste Inventory, Equipment Parts & L+2 GC34090 Includes vehicles and related documents re Supplies repairs Inventory, Vehicle Ownership and L+2 GC34090 Owner's manual, warranty documents, Title Department of Motor Vehicle title and registration, and related documents Licenses, Permits C+2 GC34090 Forms, related documentation re: licenses and permits required by federal and state agencies Maintenance and Operations L+2 GC34090 Related to requests for service and work orders for fuel, vehicle and equipment maintenance and repairs Vehicle Assignment C+2 GC34090 Log books, request forms, lists 27 RECORDS RETENTION SCHEDULE PUBLIC WORKS Public Works Records Series Title Retention Citation Remarks WQCP Facilities P GC34090 If city owned Underground utilities P GC34090 GC4003, GC4004; H&S 19850 Billing/Customer Records C+2 GC34090 Billings, correspondence, complaints Connection Records P GC34090 Maps, water line connections Inventory, Equipment C+2 GC34090 Location records P GC34090 Mains, valves, hydrants, wells Maintenance and Operations: C+3 GC34090 Includes work orders, inspection, repairs, cleaning, reports, complaints Service C+3 GC34090 Includes work orders, entry cards, manholes, service to property owners Well & Pumping C+2 GC34090 Times operational, power used and quantity Maps P GC34090 Line location; easements Master Plans C+2 GC34090 Copies Meter Operations C+3 GC34090 Reader reports, orders, tests Maintenance Reports plus meter ID, all is kept in financial system Permits See desc. May depend on terms of state or federal agency Rates S+2 GC34090 Reclamation C+5 40CFR122.41 Daily operations including sewage flow, grit removal, chlorine usage, lab analysis results, etc. Reports: Conservation C+2 GC34090 Consumption C+2 GC34090 Corrosion Control C+12 40 CFR 141.91 Compliance documentation Discharge Monitoring C+5 40 CFR 122.41 Average amount of pollution discharged into waters of municipality Drinking Water C+10 40 CFR 141.33 Corrections Hydregraph P GC34090 Daily flow of streams Lead Service Line C+12 40 CFR 141.91 Compliance documentation Public Education C+12 40 CFR 141.91 Compliance documentation Quality Parameters C+12 40 CFR 141.91 Compliance documentation Sanitary Surveys C+10 40 CFR 141.33 Statistics, reports, correspondence Soume Water C+12 40 CFR 141.91 Compliance documentation, e.g. lead & copper State Certification C+12 40 CFR 141.91 Compliance documentation Variances, Water System C+5 40 CFR 141.33 Well Level C+2 GC34090 Public Works (continued) Retention Citation Remarks Records Series Title Soumes, water C+2 GC34090 May include wells, rivers, lakes, districts Surveyor Field Notes P GC34090 Notes preparatory to maps of water installations Surveys, Water System Sanitary C+10 40 CFR 141.33 Statistics, reports, correspondence Tests Bacteriological Analysis: C+5 40 CFR 141.33 Compliance records include location, date, method and results; corrections, analysis of bacterial content Chemical Analysis C+10 40 CFR 141.33 Compliance records include location, date, method used and results; corrections, analysis of chemical content Quality C+12 40 CFR 141.91 Compliance documentation including sampling data, analysis, reports, surveys, documents, evaluation, schedules, valves, etc. Valve Main Records P GC34090 Violations, Drinking Water C+3 40 CFR 141.33 Retention applies to each violation 29 815103 RECORDS RETENTION INDEX RECORD SERIES DEPARTMENT PAGE 9-1-1 Print-Outs Police 24 Abandoned Vehicle Abatements Police 23 Abandoned Vehicles Fire 14 Abandonments/Vacations Parks, Recreation & Maint Services 26 ABC G.A.L.E. Police 22 ABC Files Police 22 Accident Reports - City Assets Administration 5 Accident Reports - Rec Program Patrons Parks, Recreation & Maint Services 26 Accident Reports, Vehicle Parks, Recreation & Maint Services 27 Accounting / Cash Reconciliation Police 24 Accounts Payable Finance 11 Accounts Receivable Finance 11 Address Changes, Direct Deposit, Vacation and Comp Times Sales Finance 12 Address/permit files Community Development 7 Adjustments Finance 12 Adopt-A-Dwelling Police 22 Adopt-A-School Police 22 Affidavit of Costs Police 24 Agenda Staff Reports (Master, Subject Files) Administration 4 Agendas Administration 4 Air Quality (AQMD) Community Development 8 Annexation Case Files Community Development 10 Annual Financial Reports Finance 11 ApparatusNehicle Fire 13 Appeals, Civil Administration 4 Applications For Board & Commissions Administration 4 Applications For Loans - Rejected Community Development 9 Applications, Absentee Ballots and Envelopes Administration 2 Appraisal Reports Community Development 9 Arson, Sex, and Narcotics Registrant Files Police 21 Articles of Incorporation Administration 4 Asbestos Community Development 8 Assessment Districts Administration 5 Assessment Districts Finance 11 Assessment Rolls Administration 5 Assessor Parcel Information Community Development 10 Asset Forfeiture Police 23 Auction Records Police 24 Audit Finance 11 Background Investigations Fire 13 Bacteriological Analysis (WQCP) Public Works 29 Bail Receipts Police 24 Ballots Administration 2 Ballots - Prop 218 (Assessment Districts) Administration 2 Bank reconciliations Finance 11 Benchmark Data Community Development 6 Benefit Plan Claims Human Resources 15 Benefit Plan Enrollment, Denied Human Resources 15 Bi-Annual CJIS Certification Police 19 Bids & Proposal Community Development 6 Bids, RFQ's, RFP's Administration 3 Bike Registration Files Police 24 Billing/Customer Records (WQCP) Public Works 28 Records Retention Index Revised 8/5/2003 RECORD SERIES DEPARTMENT PAGE Biographies Administration 3 Blueprints of City Owned Property/Buildings Community Development 7 Bonds Finance 12 Bonds (CDBG) Community Development 9 Bonds (Development) Community Development 6 Bonds, Insurance Administration 5 Booking Fees Paid to County Police 23 Books, Fire Code Fire 13 Books, Technical Administration 3 Briefing Board Info Police 24 Brochures, Publications, Newsletters, Bulletins, Schedules Administration 5 Budget Adjustments Finance 11 Budget, operating and capital, adopted Finance 11 Budgets, Operating Administration 3 Business Licenses Finance 11 Business Licenses - PD Approval Police 24 C.A.R.E. (Citizen Assisted Radar Enfomement) Police 23 Calendar (Elections) Administration 2 Calendar, City Administration 5 California Environmental Quality Act (CEQA) Community Development 8 Candidate Statements Administration 2 Capital Improvement / Financing Authority Administration Finance 12 Capital Improvement Project Plans Community Development 7 Capital Improvement Projects Community Development 7 Capital Improvements, Construction-Municipal Facilities Community Development 7 Case Assignment Log Police 23 Case Files Fire 13 Case Files, Planning & Zoning Community Development 10 Case Log Administration 4 Case Records - (High Profile) Administration 4 Case Records (Routine and Completed) Administration 4 Certificates of Election Administration 2 Certificates of Occupancy Community Development 7 Checks Finance 11 Citations Police 20 Citizen Questionnaire / Survey Response Police 24 Citizens' Academy Police 22 City Co-Sponsored Groups Parks, Recreation & Maint Services 26 Civil Subpoena Witness Fees Police 24 Claims, Damage Administration 5 Class Rosters Parks, Recreation & Maint Services 26 Classifications and Appointments Human Resources 15 Client Aled/Legislative Updates Police 24 Closures Parks, Recreation & Maint Services 26 Code Books Community Development 6 Code Enforcement Community Development 13 Code Enforcement Log Police 24 Colma PD Contracts Police 24 Commendation Committee Police 22 Committees Community Development 6 Common Greens Parks, Recreation & Maint Services 26 Community Development Block Grant and Urban Development Community Development 9 Community Garden License Agreements Parks, Recreation & Maint Services 26 Comp Time/Shift Swap Request Forms Police 19 Concealed Weapon Permit Police 24 Congestion Management Community Development 8 ii Records Retention Index Revised 8/5/2003 RECORD SERIES DEPARTMENT PAGE Connection Records (WQCP) Public Works 28 Construction Drawings, Specifications Never Issued Community Development 7 Construction Tracking Daily Community Development 7 Contractual Agreements Administration 4 Contractual Agreements (copies) Administration 3 Controlled Substance Fire 13 Copies or Duplicates Administration 3 COPPS Police 22 Correspondence Administration 3 Correspondence/Reports Administration 3 Council Packets Administration 5 Court Liaison's Filing Log Police 23 Courtesy Notice Of Violation Police 24 CPS & California Law Enfomement Teletype System (CLETS) Police 24 Crime, Accident, Incident, Arrest Reports, Cites, & Warrants Police 20 Crossing Guards Police 19 D.A.R.E. Police 22 Daily Cash Audit Sheets Police 24 Daily Roster Police 19 Damaged Vehicle Log Police 24 Dance Hall Security Payments Police 24 Day In The Park Parks, Recreation & Maint Services 26 Deeds Administration 5 Deferred Compensation Reports Finance 12 Deposits, Receipts Finance 11 Dept. Procedures / General orders Police 19 Dept. Rules & Regulations Police 19 Destruction Of Firearms / Narcotics File Police 24 Developer Deposits/History Finance 11 Development Agreements Community Development 10 Development Conditions Community Development 10 Development Permits Community Development 10 Development Standards Community Development 10 Directed Patrol Logs Police 22 Dispatch Incident/Status Cards Police 23 Domestic Violence Tracking Police 22 Downtown Offenders Police 22 Downtown Project Police 22 Drawings, Project Plan Community Development 6 Drawings, Traffic Control Plan Community Development 7 DUI Cost Recovery Police 24 Easements, Dedications, Rights-Of-Way Parks, Recreation & Maint Services 26 Elections Administration 2 E-mail Information Technology 17 Employee Accident Reports Human Resources 15 Employee Handbook (Currently Non-Existent) Human Resources 15 Employee Lists Police 19 Employee Programs Human Resources 15 Employee Rights Human Resources 15 Employee Time Cards Finance 12 Employee Time Sheets Administration 3 Employees First Time Homebuyers Loan Program Community Development 9 Engineering Community Development 7 Environmental Determinations/Reports or Nag Decs For Outside City Community Development 10 Boundaries Environmental Review Community Development 8 iii Records Retention Index Revised 8/5/2003 RECORD SERIES DEPARTMENT PAGE Equipment Police 23 Equipment Files Administration 3 Evidence Tapes Police 21 Explorer Program Police 22 Exposure Fire 13 Facilities (WQCP) Public Works 28 Facility Rentals/Use Parks, Recreation & Maint Services 26 Fair Political Practices Administration 2 Field Books Parks, Recreation & Maint Services 26 Field Interview Records Police 21 Field, Non-Fire and Logs Fire 13 Financial Records Community Development 9 Financial Records (CIFA) Finance 12 Fingerprinting Transmittals To The DOJ Police 24 Fingerprints Police 21 Fire Equipment/Gear Logs Fire 13 Fire, Non-Arson and Logs Fire 13 Firearms Dealers Police 25 Firearms Inventory Police 23 First Chance Program Police 22 Fixed Assets Finance 11 Flood Control Community Development 7 Flood Records Community Development 7 Forms Administration 3 Forms/Handouts Fire 13 FPPC Blank Forms, Manuals Administration 2 Franchises Community Development 6 Fueling Parks, Recreation & Maint Services 27 Gang Member Index Police 22 Gang Registration Police 22 Garage Parks, Recreation & Maint Services 27 General & Specific Plan Amendments Community Development 10 General Administrative Administration 5 General Plan and Elements Community Development 10 General Subject Administration 3 General Subject Community Development 6 General Subjects and Correspondence Police 24 Goals and Objectives Administration 3 Grant Wdting Police 22 Grants Community Development 9 Grants - Aging Parks, Recreation & Maint Services 26 Grants received Library 18 Grants, Federal and State Community Development 9 Grants, Unsuccessful Community Development 9 Gratuity File Police 22 Grievance Files Police 19 Harbor District/Marina Parks, Recreation & Maint Services 26 Hazardous Materials Fire 14 Hazardous Waste Disposal Fire 14 Hazardous Waste Disposal Parks, Recreation & Maint Services 27 Historic Preservation Commission Grants Community Development 6 Historic Preservation Inventory Community Development 6 Historical Documents Re: Elections Administration 2 Holding Facility Police 23 Homicide (Investigator's File) Police 21 Hostage Negotiation Team Police 19 iv Records Retention Index Revised 8/5/2003 RECORD SERIES DEPARTMENT PAGE Hourly Employees Human Resources 15 Housing Programs Community Development 9 Immigration Human Resources 15 Incident Reports Administration 5 Incident Reports Community Development 6 Incident Reports Fire 13 Incident Reports Parks, Recreation & Maint Services 26 Index, Attorney Case Administration 4 Inspection Community Development 7 Inspections, Fire Prevention Fire 13 Inspections, Fire Station Fire 13 Insurance Policies & Certificates - Liability Administration 5 Insurance, Certificates Administration 5 Insurance, Joint Powers Agreement Administration 5 Insurance, Liability/Property Administration 5 Insurance, Workers Compensation Administration 5 Intelligence Operations Bulletins Police 22 Intemet, World Wide Web Information Technology 17 Interpretations Community Development 10 Intersection Records Parks, Recreation & Maint Services 26 Inventory Finance 11 Inventory Information Systems Information Technology 17 Inventory, Equipment Parks, Recreation & Maint Services 26 Inventory, Equipment & Supplies Fire 13 Inventory, Equipment (WQCP) Public Works 28 Inventory, Equipment Parts & Supplies Parks, Recreation & Maint Services 27 Inventor, Records Administration 5 Inventory, Vehicle Ownership and Title Parks, Recreation & Maint Services 27 Investigations, Evidence Arson Fire 13 Investment Transactions Reports Finance 12 Invoices Finance 11 Job Interest Cards Human Resources 15 Journals, Fire Station Fire 13 Juvenile Smoking (308b P.C.) Police 22 K-9 Training Police 19 Land Uses, Nonconforming Community Development 10 Landscape Drawings Parks, Recreation & Maint Services 26 Landscaping Records Parks, Recreation & Maint Services 26 Law Enforcement Block Grants Police 22 Ledger Finance 11 Legal Advertising Administration 4 Legal Opinions Fire 13 Legal/Legislative Administration 4 Lesson Plans Police 22 Library Board of Trustees meeting packets Library 18 Licenses Information Technology 17 Licenses, Permits Parks, Recreation & Maint Services 27 Liens & Releases, Supporting Fire 14 Lighting Parks, Recreation & Maint Services 26 Loans Community Development 9 Location Records (WQCP) Public Works 28 Logs Community Development 7 Logs, Attorney Service Request Administration 4 Logs, Code Enforcement Fire 14 Maintenance and Operations (Garage) Parks, Recreation & Maint Services 27 Maintenance and Operations (Streets / Parks) Parks, Recreation & Maint Services 27 Records Retention Index Revised 8/5/2003 RECORD SERIES DEPARTMENT PAGE Maintenance and Operations (WQCP) Public Works 28 Management Reports (ClFA) Finance 12 Maps Parks, Recreation & Maint Services 27 Maps & Plans Community Development 7 Maps (WQCP) Public Works 28 Maps, Plans, Drawings, Exhibits, Photos Community Development 10 Maps, Precincts/Voter Information Administration 2 Master Plans Community Development 6 Master Plans Parks, Recreation & Maint Services 27 Master Plans (WQCP) Public Works 28 Media Relations Administration 5 Medical Fire 13 Medical Leave Human Resources 15 Meter Operations (WQCP) Public Works 28 Microfilm - Prop History Community Development 7 Minutes Administration 4 Monthly Traffic Reports Police 23 Motor Vehicle Pulls (DMV) Human Resources 15 Municipal Code Administration 5 Mutual Aid, Strategic Plans Fire 13 Narcotics Task Force (NTF) - County Police 22 Narcotics: Confidential Informant Files Police 22 NCIC Validations Police 25 Negotiations (Labor Relations) Human Resources 15 Network Information Systems (LAN/WAN) Information Technology 17 Nomination Papers Administration 2 Notices, Meeting Administration 4 Notifications and Publications Administration 2 Oaths of Office Administration 2 Office Of Traffic Safety Grant - Avoid The 23 Police 24 Opinions Administration 4 Ordinances Administration 4 OSHA Claims Police 25 P.O.S.T. Compliance - Dispatchers Police 19 P.O.S.T. Notification Of Appointment/Termination Police 19 P.O.S.T. Reimbursements Police 19 P.O.S.T. School Travel Authorizations Police 19 PAL Program Police 22 Palmistry Applications Police 25 Park In Lieu Fees Parks, Recreation & Maint Services 26 Parking Cite Fine Collection Police 24 Parking Lots Regulations Parks, Recreation & Maint Services 27 Parking Place Commission Police 24 Parolees Records - SSF Police 22 Passport Transmittal Logs Administration 5 Patient Care Reports Fire 13 Patron comments on materials Library 18 Pawn Broker/Secondhand Dealer Police 22 Payroll Finance 12 Payroll Police 19 Payroll Time Sheets Administration 3 Performance Reviews Police 19 Permits Community Development 7 Permits (WQCP) Public Works 28 Permits, Fireworks Fire 13 vi Records Retention Index Revised 8/5/2003 RECORD SERIES DEPARTMENT PAGE Permits, Hazardous Materials Storage Fire 14 PERS, Social Security, SSI Human Resources 16 Personnel Files Human Resources 15 Personnel Files Police 19 Personnel Meeting Notes Police 19 Personnel Records (Copies) Human Resources 15 Pest Control Community Development 8 Petitions Administration 2 Petitions Administration 4 Petty Cash Receipts Finance 11 Petty Cash Records Finance 11 PG&E Programs Parks, Recreation & Maint Services 27 Photographs Community Development 9 Photographs Parks, Recreation & Maint Services 26 Photographs - Aedal Community Development 6 Photographs and Negatives Police 21 Photographs, Negatives, Film Administration 5 Plan Check Files Community Development 7 Planning Community Development 10 Plans, Proposed Parks, Recreation & Maint Services 26 Plaques, scrapbooks, flags, photographs, maps, sister city records Administration 3 Policies & Procedures Fire 13 Policies & Procedures, General Admin. Administration 5 Policy, Council/Proclamations Administration 5 Precinct Records Administration 2 Preliminary Alcohol Screening (PAS) Calibration Log Police 24 Probation Records - Juvenile Police 22 Programs Community Development 8 Programs, Household Hazardous Waste Fire 14 Project Files Parks, Recreation & Maint Services 26 Project Files (Case Files) Community Development 6 Project N.E.A.T. Police 23 Projects, Not Completed or Denied (Building Division) Community Development 7 Projects, Not Completed or Denied (Planning Division) Community Development 10 Promotional Material Community Development 9 Property Control Police 23 Public Records Request Administration 5 Purchase orders / Requisitions Finance 11 Radar Calibration Records Police 24 Radar Survey Police 24 Railroad Right-Of-Way Community Development 9 Rat Boxes Police 24 Rates (WQCP) Public Works 28 Receipts - Donations Parks, Recreation & Maint Services 26 Receipts For Payment Community Development 7 Reclamation (WQCP) Public Works 28 Records Management Administration 5 Records Management Disposition Certification Administration 5 Records Retention Administration 5 Records' Procedures Police 19 Recruitment Human Resources 16 Redevelopment Community Development 9 Reference Checks Human Resources 16 Refund Requests Parks, Recreation & Maint Services 26 Register Finance 12 vii Records Retention Index Revised 8/5/2003 RECORD SERIES DEPARTMENT PAGE Registration Files - CIB Police 22 Regulations, CE Fire 14 Relocation Files Community Development 9 Reports Administration 3 Reports Community Development 8 Reports, Activity Community Development 6 Reports, Activity Police 23 Reports, Federal & State Community Development 9 Reports, Federal & State Fire t4 Reports, Federal and State Tax Finance 12 Reports, Labor Distribution Finance 12 Reports, Leave Hour Finance 12 Reports, PERS Employee Deduction Finance 12 Reports, WQCP Public Works 28 Reports/Studies Parks, Recreation & Maint Services 27 Repossession/Private Tows Of Vehicles Police 25 Requests For Proposals (RFP's) Community Development 8 Research Project Files Police 25 Reserve Officers Police 19 Resolutions Administration 4 Restitutions Police 25 Restraining orders, Epos Police 25 Reviews, Internal/External Periodic (Completed) Finance 11 Ride-Alongs Police 25 Risk Management Administration 5 Risk Management Reports Administration 5 Routes, School Bus & Truck Community Development 8 Safety Inspector Reports Fire 14 Salary Records Finance 12 Schedules, Classes & Events Parks, Recreation & Maint Services 26 School District/City Leases Parks, Recreation & Maint Services 26 Sealed Records Police 21 Secudty Guard Agencies Police 25 Seismic Retrofit Program Community Development 6 Senior Services Parks, Recreation & Maint Services 26 Shift Bids Police 19 Signage Community Development 8 Signs (Temporary) Community Development 7 Sober Graduation Police 23 Soil Reports Community Development 8 Soil, HAZMAT Level I or 2 Community Development 8 Solicitors File Police 25 Sources, Water (WQCP) Public Works 29 Special Districts Community Development 8 Special Projects Administration 3 Speed Limits Community Development 8 Speedometer Calibration Cedificates Police 23 Staff manual Library 18 Staff Meeting Notes Police 25 State Controller Finance 11 State Library reports Library 18 Statistical (Crime Analysis) Police 23 Street Names and House Numbers Community Development 7 Street/Alley (Abandonment/Vacation) Community Development 8 Vlll Records Retention Index Revised 8/5/2003 RECORD SERIES DEPARTMENT PAGE Streets / Parks Parks, Recreation & Maint Services 26 Studies Parks, Recreation & Maint Services 26 Studies, Special Projects & Noise Areas Community Development 8 Subpoena Log Book Police 23 Subpoenas, Summons Administration 4 Subscriptions/Publication (Non-City) Administration 3 Summer Youth Program Community Development 10 Summer Youth Work Program Police 23 Supervisors' Meeting Notes Police 25 Support Services Administration 3 Surplus Property Finance 11 Surveyor Field Notes (WQCP) Public Works 29 Surveys Community Development 8 Surveys & Studies Human Resources 16 Surveys, Water System Sanitary (WQCP) Public Works 29 SWAT Police 19 SWlTRS Police 24 Tapes (Audio, Telephone, Radio Communications) Police 21 Tapes Information Systems / Back-ups Information Technology 17 Tapes, AudioNideo Administration 5 TARPS Expense & Accommodation Worksheets Police 24 Taser Police 25 Taxes, Receivable Finance 11 Taxi Cab Driver Applications Police 24 Taxi Cab Inspections Police 24 Tests (WQCP) Public Works 29 Tip Bulletins Police 22 Tow Companies Police 24 Tow Truck Drivers' ID Police 24 Tow Truck Inspection Police 24 Towed/Stored Vehicle Logs Police 23 Traffic Activity Log Police 24 Traffic Complaints Police 24 Traffic Counts Police 24 Traffic Officer Statistics Police 24 Traffic Signals Community Development 8 Training Fire 13 Training Bulletins, Lesson Plans (Range), Firearms (Range) Police 19 Training Materials Fire 14 Training Records Human Resources 16 Training/Schools Police 19 Transient Encampments Police 23 Travel Records Administration 3 Treasurer Finance 12 Tree Removal Permits Parks, Recreation & Maint Services 27 Twenty-First Century Leadership Academy Police 20 UCR Crime Statistics Police 23 Underground Storage Fire 14 Underground Utilities (WQCP) Public Works 28 Uniform Vouchers (By Name) Police 25 Use Of Force Supv. Review File Police 20 Valve Main Records (WQCP) Public Works 29 Vehicle Assignment Parks, Recreation & Maint Services 27 Vehicle Inventory Sheets Police 25 Vehicle Ownership & Title Finance 11 ix Records Retention Index Revised 8/5/2003 RECORD SERIES DEPARTMENT PAGE Vehicle Theft Task Force (V I I I-) - County Police 23 Vendor Register Finance 11 Violations, Building, Property & Zoning Fire 14 Violations, Drinking Water (WQCP) Public Works 29 Volunteer Card Files Police 20 Volunteer workers Human Resources 16 Voter Indexes Administration 2 Wanted Posters - FBI Police 22 Warrants Police 21 Watch Assignment/Timekeeping Records Police 20 Weed Abatement Fire 14 Workers Compensation Human Resources 16 City Council - August 13, 2003 Agenda Item No. 10: Motion to cancel regular meeting of August 27, 2003 Staff Report Date: August 13, 2003 To: Honorable Mayor and City Council From: Director of Finance Subject: Resolution Approving San Mateo County Mosquito Abatement District Annexation Proposal Under Certain Conditions RECOMMENDATION: It is recommended that the City Council approve the attached resolution that consents to the City's annexation into the San Mateo County Mosquito Abatement District (the District), under the following conditions: that the City's property tax revenues not be tapped by the District (a zero tax exchange is approved); and that the District obtain funding through a ballot measure, thereby giving the voters the chance to decide if enhanced mosquito abatement is a priority for them. BACKGROUND/DISCUSSION: As Council may recall, in May 2003, staff presented a staff report that outlined the District's proposal to annex those cities that are not currently in its boundaries, primarily to combat the potential spread of the West Nile virus later this summer. The District initially proposed that its services be funded in the annexed areas in two ways. First, the District had proposed that a portion of each newly annexed city's property taxes (and the County, for unincorporated areas) be shared with the District. Second, the District intended to extend a $3.74 per year parcel tax charged in its existing service area to all property owners in the newly annexed cities. This initial annexation proposal was rejected by the cities (Brisbane, Colma, Daly City, Half Moon Bay, Pacifica, San Bruno, and South San Francisco), as all expressed the following concerns with the proposal: The funding was not seen as fair to the new cities that would be annexed, compared to cities that had already joined the District years ago. Those initial cities had a much smaller share of their property taxes diverted after Proposition 13 than was proposed to be diverted from the new cities. · In California, it is not typical for public health responsibilities to fall on cities. The extension of the parcel tax was proposed to occur without a vote of the electorate. While the County's legal counsel (which advises the District) believes Proposition 218 would allow for the Staff Report Subject: Page 2 Resolution Approving San Mateo County Mosquito Abatement District Annexation Proposal Under Certain Conditions extension of an existing parcel tax into a newly annexed service area, many cities expressed a concern about the District not seeking explicit voter approval. That concern was both over the potential Proposition 218 challenges to the vote extension, but more importantly to the fairness of imposing a new tax without a vote of those impacted. Mayor Gonzalez convened a meeting of city representatives on June 23, 2003 to discuss steps with the Local Agency Formation Commission (LAFCO). The cities generally agreed that if the District and LAFCO structured a revised annexation proposal with several changes, that the cities would be willing to consent to the annexation process. Since that time, the District has revised its application with LAFCO to meet cities' requests. Staff therefore recommends that the Council approve the attached resolution, which approves the annexation of the City into the District boundaries with the following conditions: No property taxes shall be diverted from the new cities to the District. Technically, the City is consenting to an annexation that contains zero property tax exchange. The District will include a measure on the ballot to obtain any/all funding in the newly annexed cities. The District Board approved the above two changes at a meeting on July 9, and directed the District staff to pursue funding through a benefit assessment, which would require majority approval of property owners in the annexed areas. The ballot process will most likely be a mail ballot procedure to be led by the District sometime in the late 2003/early 2004 time frame. (A mail ballot procedure is authorized for assessments under Proposition 218). The District has begun initial discussions with a consultant, Shilts Consultants, Inc., which has had success in opinion surveys of property owners and in developing mail ballots for mosquito abatement districts. It is envisioned that the entire newly annexed area will form one zone within the District's boundaries, with a uniform assessment throughout that new zone. At this time, it is estimated that a typical homeowner would pay somewhere in the $11-15 per year range, depending on the final calculations from the consultant, assuming the assessment is ultimately approved by property owners. Prepared by: ~ Ji Steele Finance Director Approved by: Michael A. XSv'ilson City Manager Attachments: Resolution Information on Shilts Consulting RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING SAN MATEO COUNTY MOSQUITO ABATEMENT DISTRICT ANNEXATION PROPOSAL AND MAKING DETERMINATION OF ZERO PROPERTY TAX EXCHANGE PURSUANT TO PROVISIONS OF CHAPTER 282, SECTION 59, PART .0,5, IMPLEMENTATION OF ARTICLE XIIIA OF THE CALIFORNIA CONSTITUTION COMMENCING WITH SECTION 95, DIVISION 1, OF THE REVENUE AND TAXATION CODE WHEREAS, state law requires that affected agencies including the City of South San Francisco ("the City") and the San Mateo County Mosquito Abatement District ("the District") negotiate a property tax exchange relating to any proposed annexation to the District; and WHEREAS, the District and the City agree to zero property tax transfer in the annexation area; and WHEREAS, the subject determination has been made prior to and as a condition precedent to the Executive Officer of the Local Agency Formation Commission (LAFCO) issuing the Certificate of Filing on said proposal; and WHEREAS, it has been agreed that zero property tax revenue shall be transferred from the City to the San Mateo County Mosquito Abatement District; and WHEREAS, cities in the proposed annexation area have indicated to LAFCO and to the District that they do not want citizens in their communities to pay for new taxes or assessments to fund the District's operations unless and until those citizens having an opportunity to vote on those new taxes or assessments; and WHEREAS, cities in the proposed annexation area have also indicated to LAFCO and to the District that this basic right to vote on taxes and assessments should preclude any proposal by the District to extend the $3.74 annual parcel tax from the existing District service area into the annexed areas unless and until that parcel tax is subject to a vote of the citizens in the proposed annexation area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves the following: o No property tax shall be transferred from the City to the San Mateo County Mosquito Abatement District as part of the annexation process. The City hereby requests that LAFCO's approval of the application for annexation by the District be conditioned on the District obtaining voter or property owner approval through a ballot or mail ballot process for any taxes or assessments it seeks to impose in the proposed annexation area. This requested provision for voter approval of any new taxes should also be applied to include any effort by the District to extend the $3.74 per year annual parcel tax the District currently imposes in the existing District service area into the new, proposed annexation area. In accordance with Section 3a of Article XII1B of the State Constitution, the appropriation limit of the city shall not change based on this agreement. 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 S :\Current Reso's\8-13 san.mateo.county.mosquito.reso.doc Ballot Measures Page 1 Services Client Sign In Profile Staff Employment Links Legislation Ballot Measures SCI is proud of our industry leading success rate wlth new ballot measures for funding public agency capital improvements and services, This record of accomplishment is in large part attributable to our uniquely comprehensive approach towards the entire balloting process and our ability to develop a thorough understanding of the objectives of the client and the needs and preferences of the community. We utilize this understanding to develop a plan that matches the clients' objectives with the community's desires, Thereafter, a successful outcome to a ballot measure can hinge, In large par~, to developing a comprehensive strategy for clearly communicating the issue to the public, Q & A Regarding Ballot Measures What Types of Ballot Measure Services Does SCI: Offer? Search Contact Us Contents · Assessment Ballot Proceedings · ParceITax Elections · Special Tax Elections · Community Facilities Districts · Special Levy Administration · Feasibility Analysis and Formation Services · Public Opinion Surveys · Financial Planning and Budgeting Services The choice of the appropriate funding mechanism is largely determined by services/improvements desired and the preferences of the local community, SCI specializes in assisting agencies with determining the most appropriate revenue measure alternative, What are the Uses of Ballot Measure Revenues? Revenues from a successful ballot measure can be used to finance a wide variety of public facilities and services, These uses include: · Street Improvements and Maintenance · Landscaping and Lighting · Maintenance/Improvement of Park Grounds and Facilities · Construction, Maintenance and RenovaUon of Public Facilities · Fire Protection/Suppression Services · School Facilities and Grounds Maintenance · Flood Control Services · Mosquito Abatement and Vector Control · Graffiti Abatement and Maintenance Services · Infrastructure for Areas of New Development Park Maintenance and Improvement http://www.shilts.com/bmeasure.htm 7/16/2003 Ballot Measures Page 2 · Public Utilities, Sewer, Water, Electrical, etc, · Undergrounding Utilities How Has Proposition 218 Changed the Assessment Balloting Process? Prior to approval of Proposition 218 on November 5, 1996, park districts and other local agencies could form assessment districts under a majority protes~ proceeding whereby the district would send a notice to all property owners to be assessed. After a 45-day period, the assessments could be approved by Board/Council action unless property owners representing a majority of the assessments protested in writing (notjust a majority of those who respond), it was very unlikely that such majority protest would be received, even in cases where the significant majority of the community was opposed to the service or improvements being proposed. However, the process became increasingly political and difficult as property owners grew more vocal about their dissatisfaction with a process that did not give them much say In the outcome. Several agencies that approved new or increased assessments subsequently faced Board recall actions or election campaigns to replace board members with anti-tax candidates. Proposition 218 revamped the procedures so that local agencies proposing new or increased assessments must now receive majority support from property owners who return their ballots. Under the new procedure, the agency must send a notice and ballot to all property owners to be assessed. This notice/ballot must describe the assessments and the proposed improvements and must include a returnable ballot for the property owner. If a majorlb/of the ballots returned, with each weighted by the amount of assessment it represents, are in support of the assessment, the agency can take action to levy the assessments. Under the new approach, the public now has a real voice in the outcome of the election. As a result, the negative political Issues that used to surround a new or Increased assessment have largely disappeared. Some community members may still oppose the proposed assessment, but their resistance will usually be against the need for the new revenue, not against the process, as it was in the past. For a copy of Proposition 2:L8 (Article XtlIC&D of the Constitution, click here: Prop218 Mosquito Abatement Sidewalkst Trees and Landscaping Flood Control Shllts Consultants, Inc. hrtp://www.shilts.com~measure.hUn 7/16/2003