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HomeMy WebLinkAbout2003-11-12 e-packetSPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 Meeting to be held at: MUNICIPAL SERVICES BUILDING CITY COUNCIL COMMUNITY ROOM 33 ARROYO DRIVE NOVEMBER 12, 2003 6:15 P.M. NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 12m day of November 2003, at 6:15 p.m., in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Call to Order 2. Roll Call 3. Public Comments - comments are limited to items on the Special Meeting Agenda Interview applicants for the Planning Commission Discussion and appointment to the Planning Commission Adjournment City of South San Francisco Inter-Office Memorandum DATE: TO: FROM: SUBJECT: November 12, 2003 Honorable Mayor and City Council City Clerk Sylvia Payne ~ CITY COUNCIL SPECIAL MEETING - INTERVIEW APPLICANTS FOR PLANNING COMMISSION The following information outlines this evening's interviews for the Planning Commission: 1. 6:15 Aldo De Tomasi 2. 6:22 Norm Faria 3. 6:30 Rick Gomez 4. 6: 38 Gary Levene 5. 6:45 Sal Rodriquez 6. 6:52 Bill Zemke There is currently one vacancy on the Planning Commission due to the resignation of Michael Meloni that expires December 31, 2006. Attached is a copy of Council's interview questions. The questions are consistent with those asked in April 2003. Ballots have been provided for the appointment to the Planning Commission. A motion to confirm the appointment is required. This concludes the interview process until December 10 when the Housing Authority interviews will be held. Enc: Applications, Questions, and Ballots AGENDA REDEVELOPMENT AGENCY CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM NOVEMBER 12, 2003 7:00 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Agency business, we proceed as follows: The regular meetings of the Redevelopment Agency are held on the second and fourth Wednesday of each month at 7:00 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the Board on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Community Room and submit it to the Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents Redevelopment Agency from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address for the Minutes. COMMENTS ARE GENERALLY LIMITED TO FIVE (5) MINUTES PER SPEAKER. In the event that there are more than six persons desiring to speak, the Chair may reduce the amount of time per speaker to three (3) minutes. Thank you for your cooperation. The Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Board action. KARYL MATSUMOTO Vice Chair RICHARD A. GARBARINO, SR. Boardmember 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 October 22, 2003 2. Motion to confi ~rm. expense claims of November 12, 2003 3. Motion to cancel meeting of November 26, 2003 ADMINISTRATION 4. Resolution authorizing purchase and sale agreement for the property located at 480 North Canal Street CLOSED SESSION 5. Pursuant to Government Code Section 54956.8 real property negotiations related to 480 North Canal Street and 820 Tennis Drive; Agency Negotiator: Redevelopment Agency Assistant Director Van Duyn ADJOURNMENT REGULAR REDEVELOPMENT AGENCY MEETING NOVEMBER 12, 2003 AGENDA PAGE 2 3. Motion to cancel meeting of November 26, 2003 Redevelopment Agency Staff R epo rt DATE: November 12, 2003 TO: Redevelopment Agency Board FROM: Assistant City Manager SUBJECT: Resolution authorizing acquisition of property located at 480 No. Canal Street RECOMMENDATION: It is recommended that the Redevelopment Agency Board approve the attached resolution authorizing the Executive Director of the Agency to enter into a purchase and sale agreement for acquisition of property and improvements located at 480 North Canal Street in the amount of $3.65 million. BACKGROUND/DISCUSSION: In 1998 the City conducted an assessment of the condition of the Central Fire Station located on Baden Avenue and Cypress St. within the Downtown Central Redevelopment Area. This study was conducted by a consultant to evaluate the various options for upgrading and/or replacing Central Fire Station. The conclusions of this report indicated that the existing building could not be structurally upgraded seismically to conform to current California standards for essential services facilities. The building can be upgraded as close as practicable to current essential facility standards, but the cost is nearly the same as building a new fire station. In addition, when the upgrade is completed the building is essentially the old reinforced concrete building with newer interior furnishings but with the configuration and distribution of space which is still in- efficient and no better site cimulation for emergency vehicles. The reconstruction would also require moving the sanitary sewer line located under the building. The Council, in adopting the Capital Improvement Budget in 2001-2002 designated $3 million in Downtown Redevelopment Area Bond funds be budgeted to replace Central Fire Station. The staffhas been working on replacement site options for this station since this time and several properties have been identified and in fact offers made on alternative locations. At least three other sites have been evaluated for the replacement station (29 So. Linden, 151 So. Spruce and the comer site of So. Linden and No. Canal Street). To~ Subject: Date: Page 2 Redevelopment Agency Board 480 North Canal Acquisition November 12, 2003 In June of 2002 the Black Mountain Water Company moved offofthis site at 480 No. Canal Street and the property has been sub-leased on several occasions since. It is presently vacant, however the site is still under an existing lease that extends through May 2012. The staff contacted the lease holder and discussed the possibility of purchasing the site with financial help from the leasehold interest in order to make an offer attractive enough for the owners (Three Sisters Ranch Enterprises, LLC) to sell. The owner was not interested in selling and in fact is satisfied with the current lease obligation and therefore not motivated to negotiate. An appraisal of the property was conducted in December of 2002 and the Fee Simple Market value was determined to be $3.65 million. This was considerably less than the desired sales price eventually set by the owner. The City in fact made a written offer to purchase the property in February 2003 at the appraised value. The owners indicated no interest in negotiating and the matter was dropped for several months. The staffhas continued to negotiate with the parties and it appears we now have a tentative agreement for the leasehold interest to pay the difference between the asking price of the property ($4.5 million), and the City appraised value of $3.65 million. Property Description: The site is 1.93 acres in size and contains a 13,824 square foot, 2 story structure. The tilt-up concrete structure was built in 1997. The building has 6,912 square feet of office, 6,912 square feet of warehouse, 1,060 square feet of mezzanine space, automatic gates, concrete parking lot with lighting, security fences and landscaping. The intended use of the property would not only provide replacement space for Central Fire Station equipment and personnel, but also allow for the office space to eventually house Fire Administration, and potentially the Emergency Operations Center (EOC), and Fire Prevention services. The improved site area is also sufficient to accommodate a training tower, storage and utility area. The property would however require some renovation work to accommodate the specialized needs of the Fire Station functions which would include kitchen, sleeping and restroom modifications. The staff has not explored in detail the costs of these improvements. It is estimated that an additional $1 million may be necessary to complete the project. The purchase and renovation costs of this proposal, at approximately $4.65 million, compare favorably to other alternatives which were costed out at approximately $7 million. Other options provided less land area and smaller buildings with no room for functions or services other than station replacement. 480 N. Canal Street, S. San Francisco 20 HI r~ X 97 '~ I ~ I ifil. t : ', : ~.  ! u " . /,'~ '.,. ;/ ,,' ~ . ~ ,, ,,..,:'~ , b~,~ ~¢ " ' S74'27 O0"E ~'~ ~'' ' NEW L~NOSC~P~ 294.ST N 7 4'2 T~)r NORTH CANAL STREET (50' R/W) ~.~_ cu.~ CUT ~,~ c,, STD, Site Plan - Parking Plan 00u RAILROAD TAX ¢OOE AREA ...... AVE. .I $.P.R.R. ® SUBJECT NORTH CANAL CANAL BADE/V BRANCH (~. ~o~ ~ ST. ~ RIGHT OF IVAM G ST. ~ SOUTH CAh~L ~ ~?ARCEL MAP VOL 59 £E CITY OF SOUTH SAN FRANCISCO Assessor's Map RES OLUTION NO. REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO, STATE OF CALEFORNIA A RESOLUTION APPROVING A PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF PROPERTY AND IMPROVEMENTS LOCATED AT 480 NORTH CANAL STREET IN THE AMOUNT OF $3.6,5 MILLION WHEREAS, the City desires to enter into a purchase and sale agreement for acquisition of property and improvements located at 480 North Canal Street in the amount of $3.65 million. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of South San Francisco that the Redevelopment Agency approves a purchase and sale agreement for acquisition of property and improvements located at 480 North Canal Street in the amount of $3.65 million. BE IT FURTHER RESOLVED that the Executive Director is hereby author/zed to execute the agreement on behalf of the City of South San Francisco after approval as to form by the Agency Counsel. The Executive Director is also authorized to execute the Certificate of Acceptance 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: Clerk 671034.1 00 0 {) 3 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is entered into effective as of ,2003 (the date upon which this Agreement was approved by Buyer's Board, and hereinafter referred to as the "Effective Date") by and between Three Sisters Ranch Enterprises LLC (hereinafter collectively referred to as "Seller") and the Redevelopment Agency of the City of South San Francisco, a public body, corporate and politic ("Buyer"). Seller and Buyer are hereinafter referred to as the "Parties." WHEREAS, Seller is the owner of that certain real property in San Mateo County, California, known as APN ~, located on Spruce and North Canal Streets in the City of South San Francisco and more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Land"); WHEREAS, in accordance with the terms and conditions contained herein, Buyer desires to purchase, and Seller desires to sell, the Land together with all improvements located thereon and all easements, hereditaments, and appurtenances belonging to or inuring to the benefit of Seller and pertaining to the Land (all of the foregoing collectively hereinafter, the "Property"); WHEREAS, Buyer is a redevelopment agency existing pursuant to the Community Redevelopment Law, California Health and Safety Code Section 33000, et seq., and pursuant to the authority granted thereunder, Buyer has the responsibility to carry out the Redevelopment Plan for the Project Area ("Redevelopment Plan"); and WHEREAS, the Property is located adjacent to an area governed by the Redevelopment Plan, and the purchase of the Property as provided for in this Agreement is consistent with and necessary to further the goals and objectives of the Redevelopment Plan. Specifically, the property is planned for use as a fire station that will replace or supplement an existing fire station within the redevelopment area and will serve properties within the redevelopment area. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows. 1. Aereement to Sell and Purchase Seller agrees to sell and Buyer agrees to purchase the Property subject to the terms and conditions of this Agreement. 2. Purchase Price. The purchase price for the Property shall be Four Million Four Hundred and Fifty Thousand Dollars(S4,500,000 ) ("Purchase Price"). Of this amount, Three Million Six Hundred and Fifty Thousand Dollars ($3,650,000) shall be paid by Buyer, the remainder to be paid by the Perrier Corporation pursuant to the terms of a separate agreement between Seller and the Perrier Corporation. 670973-1 00004 3. Conveyance of Title. At the close of escrow, Seller shall convey by grant deed to Buyer marketable fee simple title to the Property, free and clear of all recorded and unrecorded liens, encumbrances, assessments, leases and taxes except: (a) the provisions and effect of the Redevelopment Plan; (b) taxes for the fiscal year in which the escrow for this transaction closes, which shall be prorated as of the close of escrow and handled in accordance with Section 4986 of the California Revenue and Taxation Code; and (c) such other conditions, liens, encumbrances, restrictions and exceptions as may be approved in writing by Buyer ("Permitted Exceptions"). 4. Escrow~ Escrow Instructions. Within five (5) business days following the Effective Date, the Parties shall open an escrow to consummate the purchase and sale of the Property pursuant to this Agreement at the office of First American Title Company located in Redwood City, California ("Title Company" or "Escrow Agent") or such other title company as may be mutually agreed upon by the Parties. Upon the opening of escrow, the Parties shall deposit with the Escrow Agent an executed copy of this Agreement, which shall serve as the joint escrow instructions of Buyer and Seller for this transaction, together with such additional instructions as may be executed by the Parties and delivered to the Escrow Agent. 5. Earnest Money Deposit. Upon the opening of escrow and in no event later than seven (7) business days after the Effective Date, Buyer shall deposit the sum of Five Thousand Dollars ($5,000) ("Earnest Money Deposit") into escrow in an interest bearing account for the benefit of Buyer. The Earnest Money Deposit, and all interest earned thereon, shall be applied to the Purchase Price at the close of escrow. All amounts deposited by the Parties with the Escrow Agent, including the Earnest Money Deposit, shall be held in escrow in an interest-bearing account. 6. Title Documents. Within seven (7) days following the opening of escrow, Seller shall deliver or cause to be delivered to Buyer a preliminary title report ("Preliminary Report") on the Property issued by the Title Company, setting forth all liens, encumbrances, easements, restrictions, conditions, pending litigation, judgments, administrative proceedings, and other matters of record affecting Seller's title to the Property, together with copies of all documents relating to exceptions listed in the Preliminary Report ("Title Exceptions") and complete and legible copies of all instruments referred to therein, as requested by Buyer. Buyer shall approve or disapprove each Title Exception within seven (7) days following Buyer's receipt of the Preliminary Report. Buyer's failure to object within such period shall be deemed to be a disapproval of the Title Exceptions. If Buyer objects or is deemed to have disapproved any Title Exception, Seller shall use its best efforts at Seller's sole expense to remove from title or otherwise satisfy each such exception no later than fourteen (14) days prior to the close of escrow and in a form that is reasonably satisfactory to Buyer. If Seller fails to remove or satisfy any Title Exception to the satisfaction 670973-1 00005 of Buyer, Buyer shall have the option, in its sole discretion, to terminate this Agreement or to accept title subject to such exception. In the event Buyer elects to terminate this Agreement, the Earnest Money Deposit, including interest thereon, and all other funds and documents deposited into escrow by or on behalf of Buyer shall be returned to Buyer, and all rights and obligations hereunder shall terminate. It shall be a condition to the close of escrow that Title Company shall deliver to Buyer, within five (5) days after Buyer has approved the Preliminary Report pursuant to this Section, and in no event later than seven (7) days prior to the close of escrow, a title commitment for an ALTA Owner's Title Insurance Policy ("Title Policy") to be issued by Title Company in the amount of the Purchase Price for the benefit and protection of Buyer, showing title to the Property vested in Buyer, subject only to the Permitted Exceptions, including such endorsements as may reasonably be requested by Buyer, and committing Title Company to issue the Title Policy to Buyer upon the close of escrow. 7. _Closin~ Documents and Funds. (a) Seller. (A) Within twenty-five (25) days following the opening of escrow, Seller shall deposit into escrow all of the following: (i) a Grant Deed, substantially in the form attached hereto as Exhibit B ("Grant Deed"), duly executed and acknowledged, conveying to Buyer good and marketable fee simple title to the Property, subject only to exceptions approved pursuant to this Agreement, together with a Certificate of Acceptance in the form shown in Exhibit B, as required by California Government Code Section 27281; (ii) Seller's affidavit of non-foreign status and Seller's certification that Seller is a resident of California, each executed by Seller under penalty of perjury as required by state and federal law; and (iii) Such additional duly executed instruments and documents as the Escrow Agent may reasonably require to consummate the transaction contemplated hereby. (B) Unless Seller elects to have the following charges deducted from the funds to be distributed to Seller at close of escrow, no later than one (1) business day prior to close of escrow, Seller shall deposit into escrow immediately available funds in the amount necessary to pay: (i) all governmental conveyance fees and transfer taxes; (ii) one-half (1/2) of all title insurance and title report costs; and (iii) one-half of all escrow fees and recording fees. 670973-1 00006 (b) Buyer. (A) Within twenty-five (25) days following the opening of escrow, Buyer shall deposit into escrow all of the following: (i) a duly executed and acknowledged Certificate of Acceptance substantially in the form attached to Exhibit B; and (ii) such additional duly executed instruments and documents as the Escrow Agent may reasonably require to consummate the transaction contemplated hereby. (B) No less than one (1) business day prior to the close of escrow, Buyer shall deposit into escrow immediately available funds in the amount, which together with the Earnest Money Deposit plus interest thereon, if any, is equal to: and (i) the Purchase Price as adjusted by any prorations between the Parties; (ii) one-half (1/2) of all title insurance and title report costs, escrow fees, and recording fees. 8. Close of Escrow. Unless this Agreement is terminated pursuant to the terms hereof or extended by mutual written consent of the Parties, escrow shall close no later than the date which is forty-five (45) days after escrow is opened. The Escrow Agent shall close escrow by: (i) causing the Grant Deed to be recorded in the official records of AN County, California; (ii) issuing the Title Policy and delivering same to Buyer; (iii) delivering to Seller the monies constituting the Purchase Price less prorated amounts and charges to be paid by or on behalf of Seller; and (iv) delivering to Buyer the original Grant Deed, together with a conformed copy thereof indicating recording information thereon. Possession of the Property shall be delivered to Buyer at the close of escrow. 9. Closine Costs. Each Party shall pay one-half (1/2) of all title insurance and title report costs, escrow fees (including the costs of preparing documents and instruments), and recording fees. Seller shall pay all governmental conveyance fees and all transfer taxes. 10. Prorations. At the close of escrow, the Escrow Agent shall make the following prorations: (i) property taxes shall be prorated as of the close of escrow based upon the most recent tax bill available, including any property taxes which may be assessed after the close of escrow but which pertain to the period prior to the transfer of title to the Property to Buyer, regardless of when or to whom notice thereof is delivered; and (ii) any bond or assessment that constitutes a lien on the Property at the close of escrow shall be assumed by Buyer. 11. Buyer's Conditions to Closing. The close of escrow and Buyer's obligation to purchase the Property are conditioned upon: (i) the performance by Seller of each obligation to be performed by Seller under this Agreement within the applicable time period, or the waiver by 670973-1 00007 Buyer of such obligation; (ii) Seller's representations and warranties contained in this Agreement being true and correct as of the Effective Date and the close of escrow; (iii) the commitment by Title Company to issue and deliver the Title Policy, subject only to the Permitted Exceptions; and (iv) Buyer's approval of the condition of the Property pursuant to Section 12. Should any condition to closing fail to occur, excepting any such conditions that have been waived by Buyer, Buyer shall have the right, exercisable by giving written notice to Seller, to cancel the escrow, terminate this Agreement, and recover any and all amounts paid by Buyer to Seller or deposited with the Escrow Agent by or on behalf of Buyer, including the Earnest Money Deposit and interest thereon. The exercise of this right by Buyer shall not constitute a waiver by Buyer of any other fights Buyer may have at law or in equity. 12. Buyer's Additional Conditions to Closing Buyer's obligation to purchase the Property is also conditioned upon Buyer's review and approval of the condition of the Property pursuant to this Section. (a) Feasibilit'v Studies. During the period commencing on the Effective Date and ending on the Forty-Fifth (45th) day after the opening of escrow ("Due Diligence Period") Buyer may, at Buyer's expense, undertake an inspection and review of the Property, including without limitation (i) a review of the physical condition of the Property, including but not limited to, inspection and examination of soils, environmental factors, Hazardous Materials (as defined in Exhibit C attached hereto), and archeological information relating to the Property; (ii) a review and investigation of the effect of any zoning, maps, permits, reports, engineering data, regulations, ordinances, and laws affecting the Property, and (iii) an evaluation of the Property to determine its feasibility for Buyer's intended use. Buyer may consult with or retain civil engineers, contractors, soils and geologic engineers, architects and other specialists in its investigation, and may consult with or retain other consultants to determine if the Property is suitable for Buyer's intended use. If Buyer's environmental consultants require additional time to determine the existence and extent of any Hazardous Substances on the Property, Buyer shall have the right, exercisable by delivering written notice to Seller prior to the expiration of the Due Diligence Period, to extend the Due Diligence Period for up to fifteen (15) additional days to complete the testing. (b) Other matters. During the Due Diligence Period, Buyer may inspect, examine, survey and review any other matters concerning the Property, including without limitation, any and all studies or reports provided by Seller, all contracts, leases, rental agreements and other obligations relating to the Property, and the Property's conformity with all applicable laws and regulations. During the Due Diligence Period, Buyer shall have the right to perform due diligence regarding the investigation, assessment, and monitoring of the environmental condition of the Property, and upon completion of the Due Diligence Period, unless Buyer elects to terminate this Agreement pursuant to the terms hereof, Buyer will purchase the 670973-1 Property in its "AS IS" condition as such condition exists at the end of the Due Diligence Period. (c) Disapproval of Property Condition, Should Buyer fail to approve the condition of the Property or its feasibility for Buyer's intended use in writing within five (5) days following the end of the Due Diligence Period, Buyer shall have the right, exercisable by giving written notice to Seller, to cancel the escrow, terminate this Agreement, and recover any and all amounts paid by Buyer to Seller or deposited with the Escrow Agent by or on behalf of Buyer, including the Earnest Money Deposit and interest thereon. The exercise of this right by Buyer shall not constitute a waiver by Buyer of any other fights Buyer may have at law or in equity. (d) Condition of Property. Buyer has the fight to enter and inspect the property to ensure that it is free of debris before transfer of title. Additionally, Seller shall ensure that all electronic gates are in working order and that all remote transponders for the facility are transferred to Seller at transfer of title. 13. Studies~ Reports and Investigations. Seller agrees to make available to Buyer within five (5) business days following the Effective Date, any and all information, studies, reports, investigations, contracts, leases, rental agreements and other obligations concerning or relating to the Property which are in Seller's possession or which are reasonably available to Seller, including without limitation surveys, studies, reports and investigations concerning the Property's physical, environmental or geological condition, habitability, or the presence or absence of Hazardous Materials in, on or under the Property and the compliance by the Property with Environmental Laws (as defined in Exhibit C). 14. Rieht of Entry. During the Due Diligence Period, Buyer and Buyer's agents shall have the right, upon reasonable notice to Seller, to enter upon the Property for the purpose of inspecting, examining, surveying and reviewing the Property in accordance with Section 12. Buyer's inspection, examination, survey and review of the Property shall be at Buyer's sole expense. Buyer shall obtain Seller's advance consent in writing to any proposed physical testing of the Property by Buyer or Buyer's agents, which consent shall not be unreasonably conditioned, withheld or delayed. Buyer shall repair, restore and return the Property to its original condition after such physical testing, at Buyer's sole expense. Buyer shall schedule any such physical tests during normal business hours unless otherwise approved by Seller. Buyer agrees to indemnify Seller and hold Seller harmless from and against all liability, loss, cost, damage and expense (including, without limitation, reasonable attorney's fees and costs of litigation) resulting from Buyer's or Buyer's agents entry upon the Property, except to the extent that such liability, loss, cost, damage and expense arises as a result of the negligence or other wrongful conduct of Seller or its agents. 15. Seller's Conditions to Closing. The close of escrow and Seller's obligation to sell the Property pursuant to this Agreement are conditioned upon: (i) the performance by Buyer of each obligation to be performed by Buyer under this Agreement within the applicable time period, or 670973-1 0 00 0 9 waiver by Seller of such obligation; and (ii) Buyer's representations and warranties contained in this Agreement being true and correct as of the Effective Date and the close of escrow. 16. Seller's Representations and Warranties. Seller hereby represents and warrants that except as disclosed in writing to Buyer, as of the Effective Date and as of the close of escrow: (i) the Property is free and has always been free of Hazardous Materials and is not and has never been in violation of any Environmental Law; (ii) there are no buried or partially buried storage tanks located on the Property; (iii) Seller has received no notice, warning, notice of violation, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Property are or have ever been in violation of any Environmental Law or informing Seller that the Property is subject to investigation or inquiry regarding Hazardous Materials on the Property or the potential violation of any Environmental Law; (iv) there is no monitoring program required by the Environmental Protection Agency or any other governmental agency concerning the Property; (v) no toxic or hazardous chemicals, waste, or substances of any kind have ever been spilled, disposed of, or stored on, under or at the Property, whether by accident, burying, drainage, or storage in containers, tanks, holding areas, or any other means; (vi) the Property has never been used as a dump or landfill; (vii) Seller has disclosed to Buyer all information, records, and studies in Seller's possession or reasonably available to Seller relating to the Property concerning Hazardous Materials; (viii) Seller has not received any notice from any governmental authority of any threatened or pending zoning, building, fire, or health code violation or violation of other governmental regulations concerning the Property that have not previously been corrected, and no condition on the Property violates any health, safety, fire, environmental, sewage, building, or other federal, state or local law, ordinance or regulation; (ix) no contracts, licenses, leases or commitments regarding the maintenance or use of the Property or allowing any third party rights to use the Property are in force; (x) there are no threatened or pending actions, suits, or administrative proceedings against or affecting the Property or any portion thereof or the interest of Seller in the Property; (xi) there are no threatened or pending condemnation, eminent domain, or similar proceedings affecting the Property or any portion thereof; (xii) Seller has not received any notice from any insurer of defects of the Property which have not been corrected; (xiii) there are no natural or artificial conditions upon the Property or any part thereof that could result in a material and adverse change in the condition of the Property; (xiv) all information that Seller has delivered to Buyer, either directly or through Seller's agents, is accurate and complete; and (xv) Seller has disclosed all material facts concerning the Property. Seller further represents and warrants that this Agreement and all other documents delivered or to be delivered in connection herewith prior to or at the close of escrow: (a) have been duly authorized, executed, and delivered by Seller; (b) are binding obligations of Seller; (c) are collectively sufficient to transfer all of Seller's right, title and interest in and to the Property; and (d) do not violate the provisions of any agreement to which Seller is a party or which affects the Property. Seller further represents and warrants that the persons who have executed this Agreement on behalf of Seller are authorized to do, that Seller has the legal right to enter into this Agreement and to perform all of its terms and conditions, and that this Agreement is enforceable against Seller in accordance with its terms. Seller shall notify Buyer of any facts that would cause any of the representations contained in 670973-1 00010 this Agreement to be untrue as of the close of escrow. If Buyer reasonably believes that a fact materially and adversely affects the Property, Buyer shall have the option to terminate this Agreement by delivering written notice thereof to Seller. In the event Buyer elects to terminate this Agreement, the Earnest Money Deposit, including interest thereon, and all other funds and documents deposited into escrow by or on behalf of Buyer shall be returned to Buyer, and all rights and obligations hereunder shall terminate. Seller shall indemnify, defend and hold harmless Buyer from all loss, cost, liability, expense, damage or other injury, including without limitation, attorneys' fees and all other costs and expenses incurred by reason of, or in any mariner resulting from the breach of any representation or warranty contained in this Section. 17. Seller's Covenants. Seller covenants that from the Effective Date and through the close of escrow, Seller: (i) shall not permit any liens, encumbrances, or easements to be placed on the Property, other than Permitted Exceptions; (ii) shall not enter into any agreement regarding the sale, rental, management, repair, improvement, or any other matter affecting the Property that would be binding on Buyer or the Property after the close of escrow without the prior written consent of Buyer; (iii) shall not permit any act of waste or act that would tend to diminish the value of the Property for any reason, except that caused by ordinary wear and tear; and (iv) shall maintain the Property in its condition as of the Effective Date, ordinary wear and tear excepted, and shall manage the Property substantially in accordance with Seller's established practices. 18. Buyer's Representations~ Warranties and Covenants. Buyer represents, wan'ants and covenants that this Agreement and all other documents delivered in connection herewith, prior to or at the close of escrow: (i) have been duly authorized, executed, and delivered by Buyer; (ii) are binding obligations of Buyer; and (iii) do not violate the provisions of any agreement to which Buyer is a party. Buyer further represents and warrants that the persons who have executed this Agreement on behalf of Buyer have are duly authorized to do, that Buyer has the legal right to enter into this Agreement and to perform all of its terms and conditions, and that Agreement is enforceable against Buyer in accordance with its terms. 19. Environmental Indemni .ry. Seller agrees to unconditionally and fully indemnify, reimburse, defend, protect and hold harmless Buyer and the City of South San Francisco, California from and against any and all claims, demands, damages, losses, liabilities, fines, orders, judgments, actions, injunctive or other relief (whether or not based on personal injury, property damage, contamination of, or adverse effects upon, the environment or natural resources), costs, economic or other loss, expenses (including without limitation attorneys' fees and any expenses associated with the investigation, assessment, monitoring, response, removal, treatment, abatement and/or remediation of Hazardous Materials in, on or under the Property), and/or administrative, enforcement or judicial proceedings, whether known or unknown, and which are directly or indirectly, in whole or in part, caused by, arise out of, or relate to the presence, release or discharge or alleged presence, release or discharge of any Hazardous Materials in, on or under the Property or a violation or alleged violation of an Environmental Law. 670973-1 00011 20. Damaee and Destruction. In the event of any damage or other loss to the Property, or any portion thereof, caused by fire or other casualty prior to the close of escrow in an amount not exceeding $ , Buyer shall not be entitled to terminate this Agreement, but shall be obligated to close the escrow and purchase the Property as provided in this Agreement, without abatement in the Purchase Price, provided that Seller shall: (i) assign and transfer to Buyer all of Seller's rights under any insurance policy covering the damage or loss, and all claims for monies payable from Seller's insurer(s) in connection with the damage or loss, and (ii) pay to Buyer at the close of escrow the amount of Seller's deductible under the insurance policy or policies covering the damage or loss. In the event of damage or destruction of the Property or any portion thereof prior to the close of escrow in an amount in excess of $ , Buyer may elect either to terminate this Agreement upon written notice to Seller, or to consummate the purchase of the Property, in which case Seller shall (i) assign and transfer to Buyer all of Seller's tights under any insurance policy coveting the damage or loss, and all claims for monies payable from Seller's insurer(s) in connection with the damage or loss, and (ii) pay to Buyer at the close of escrow the amount of Seller's deductible under the insurance policy or policies covering the damage or loss. In the event Buyer elects to terminate this Agreement, the Earnest Money Deposit, including interest thereon, and all other funds and documents deposited into escrow by or on behalf of Buyer shall be returned to Buyer, and all rights and obligations hereunder shall terminate. 21. Assignment. Buyer shall have the right to assign all rights and obligations under this Agreement to any party, and no approval by Seller of any such assignment shall be necessary. 23. Notices. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; (iii) nationally recognized ovemight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; (iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first- class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereofi Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient's time or on a nonbusiness day. Buyer: South San Francisco Redevelopment Agency 400 Grand Avenue 670973-1 00012 South San Francisco, CA 94080 Attn: Executive Director Telephone: 650 877-8500 Facsimile: 650 829-6609 with a copy to: South San Francisco Redevelopment Agency Counsel C/O Meyers, Nave, Riback, Silver & Wilson 555 12th Street, Suite 1500 Oakland, CA 94607 Attn: Agency Counsel Seller: Three Sisters Ranch LLC c/o Martin Ruberry P.O. Box 1444 San Carlos, CA 94070 23. Miscellaneous Provisions Litigation Costs. If any legal action or any other proceeding, including arbitration or action for declaratory relief, is brought for the enfomement of this Agreement or because of an alleged breach or default in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees and other costs, in addition to any other relief to which such Party may be entitled. Waivers~ Modification. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing and executed by the waiving party. This Agreement may be amended or modified only by a written instrument executed by the Parties. Successors. This Agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors and assignees of the Parties.. Provisions Not Merged With Deeds. None of the provisions, terms, representations, warranties and covenants of this Agreement are intended to or shall be merged by the Grant Deed, and neither the Grant Deed nor any other document shall affect or impair the provisions, terms, representations, warranties and covenants contained herein. Without limiting the generality of the foregoing, Seller's representations, warranties and covenants contained herein shall survive the close of escrow. 670973-1 0 0 0 1 3 Construction. The section headings used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since both Parties have participated in the negotiation and drafting of this Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it. Action or Approval. Where action and/or approval by Buyer is required under this Agreement, Buyer's Executive Director may act on and/or approve such matter unless the Executive Director determines in his or her discretion that such action or approval requires referral to Buyer's Board for consideration. The time periods afforded Buyer for any event, inspection, feasibility, due diligence, escrow closing or otherwise shall not be extended by any such referral to Buyer's Board. Entire Agreement. This Agreement, including Exhibits A to E attached hereto and incorporated herein by this reference, contains the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, understandings, representations or statements between the Parties with respect to the subject matter thereto. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instnuuent. Severabili~.. If any term, provision, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect unless the fights and obligations of the Parties have been materially altered or abridged thereby. No Third Party Beneficiaries. Nothing in this Agreement is intended to or shall confer upon any person, other than the Parties and their respective successors and assigns, any rights or remedies hereunder. Parties Not Co-Venturers. Nothing in this Agreement is intended to or shall establish the Parties as parmers, co-venturers, or principal and agent with one another. Non-Liability of Officials~ Employees and Agents. No member, official, employee or agent of Buyer shall be personally liable to Seller or its successors in interest in the event of any default or breach by Buyer or for any amount which may become due to Seller or its successors in interest pursuant to this Agreement. Time of the Essence. Time is of the essence for each condition, term, obligation and provision of this Agreement. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws. 670973-1 0 0 0 1 4 Time for Performance. When the time for performance of any obligation under this Agreement is to be measured from another event, such time per/od shall include the day of the other event. If the day of the time for performance is not a regular business day, then the time for such performance shall be by the regular business day following such day. 670973-1 00015 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. BUYER: ATTEST: By: By: APPROVED AS TO FORM: By: SELLER: 670973-1 000 1 6 EXHIBIT A PROPERTY (Attach legal description of Property to be purchased by Agency) THE PROPERTIES IDENTIFIED HEREIN ARE SHOWN ON THE MAP ATTACHED HERETO. THE FINAL LEGAL DESCRIPTIONS WILL BE PREPARED BY THE AGENCY AND INSERTED HEREIN PRIOR TO CLOSE OF ESCROW BETWEEN THE CITY AND SELLER. 670973-1 00017 EXHIBIT B FORM OF GRANT DEED RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO c/o Michael A. Wilson, City Manager 400 Grand Avenue South San Francisco, CA 94083 EXEMPT FROM RECORDING FEES PER ) GOVERNMENT CODE §§6103, 27383 ) (SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE) GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, hereby grants to the Redevelopment Agency of the City of South San Francisco, a public agency ("Grantee") all that real property located in the City of South San Francisco, County of San Mateo, State of California described in Exhibit A attached hereto and incorporated herein. IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of ,20__. GRANTOR By: ATTEST: 670973-1 00018 APPROVED AS TO FORM: (Attach legal description.) CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant Deed dated ,20__, from to the Redevelopment Agency of the City of South San Francisco, a public agency, is hereby accepted on behalf of the Agency by its Executive Director pursuant to authority conferred by Resolution No. , adopted by the City on ,20__, and that the Agency consents to recordation of the Grant Deed by its duly authorized officer. Dated ,20 By: Print Name: ATTEST: By: Clerk APPROVED AS TO FORM: 670973-1 '0 0 019 By: City Attorney EXHIBIT C DEFINITION OF "ENVIRONMENTAL LAWS" AND "HAZARDOUS MATERIALS" "Environmental Laws" means all federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Material (as defined subsequently in this Exhibit), or pertaining to occupational health or industrial hygiene (and only to the extent that the occupatiofial health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the Property), occupational or environmental conditions on, under, or about the Property, as now in effect, including without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and the Superfund Amendments and Reauthorization Act of 1986 (SARA) [42 USCA §8 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 (RCRA) and the Solid Waste Disposal Act [42 USCA 88 6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act (FWPCA) [33 USCA 88 1251 et seq.]; the Toxic Substances Control Act (TSCA) [15 USCA §8 2601 et seq.]; the Hazardous Materials Transportation Act (HMTA) [49 USCA 88 1801 et seq.]; the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) [7 USCA §§ 136 et seq.]; the Clean Air Act (CAA) [42 USCA 8§ 7401 et seq.]; the Safe Drinking Water Act (SDWA) [42 USCA 88 300fet seq.]; the Surface Mining Control and Reclamation Act of 1977 (SMCRA) [30 USCA 88 1201 et seq.]; the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA or EPCRTKA) [42 USCA §8 11001 et seq.]; the Occupational Safety and Health Act of 1970 (OSHA) [29 USCA 88 655, 657]; the California laws regarding the underground storage of hazardous substances [H & S C §§ 25280 et seq.]; the Hazardous Substance Account Act [H & S C 8§ 25300 et seq.]; the California laws regarding hazardous waste control IH & S C 88 25100 et seq.]; the Safe Drinking Water and Toxic Enforcement Act of 1986 [H & S C 8§ 25249.5 et seq.]; the Porter-Cologne Water Quality Control Act [War C §§ 13000 et seq.], and any amendments of or regulations promulgated under the statutes cited above and any other federal, 660407-2 47 0 0 0 2. 0 state, or local law, statute, ordinance or regulation now in effect that pertains to occupational health or industrial hygiene, and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the Property, or the regulation or protection of the environment, including ambient air, soil, soil vapor, groundwater, surface water, or land use. "Hazardous Materials" includes without limitation: (a) Those substances included within the definitions of hazardous substance,hazardous waste,hazardous material, toxic substance, solid waste, or pollutant or contaminant in CERCLA, RCRA, TSCA, HMTA, or under any other Environmental Law; (b) Those substances listed in the United States Department of Transportation (DOT) Table [49 CFR § 172.101 ], or by the Environmental Protection Agency (EPA), or any successor agency, as hazardous substances [40 CFR Part 302]; (c) Other substances, materials, and wastes that are or become regulated or classified as hazardous or toxic under federal, state, or local laws or regulations; and (d) Any material, waste, or substance that is: (i) a petroleum or refined petroleum product, (ii) asbestos, (iii) polychlorinated biphenyl, (iv) designated as a hazardous substance pursuant to 33 USCA 1321 or listed pursuant to 33 USCA 1317, (v) a flammable explosive, or (vi) a radioactive material. 660107-2 00.021 EXHIBIT D SUMMARY STATEMENT RELATING TO PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN CITY OF SOUTH SAN FRANCISCO The Redevelopment Agency of the City of South San Francisco is proposing to purchase the real property located on 480 North Canal Street within the City of South San Francisco, California and described more particularly in Exhibit A, attached. Title III of the Uniform Relocation Assistance and Real Property Acquisition Guidelines requires that each owner from whom the City of South San Francisco purchases real property or an interest therein or each tenant owning improvements on said property be provided with a summary of the appraisal of the real property or interest therein, as well as the following information: You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. The City of South San Francisco will offer to purchase any remnant(s) considered by the City to be an uneconomic unit(s) which is/are owned by you or, if applicable, occupied by you as a tenant and which is/are contiguous to the land being conveyed. 660 07-2 0 0 0 2 2 All buildings structures and other improvements affixed to the land described in the referenced document(s) covering this transaction and owned by the grantors herein or, if applicable, owned by you as a tenant are being conveyed unless other disposition of these improvements has been made. The interest being acquired is the relinquishment of access rights and an overhead electric easement. The temporary construction easement rights being purchased totals 127 s.f. and the permanent easement comprises 128.8 s.f. are described in the attached legal descriptions and outlined in yellow on the attached map. The market value of the property being purchased is based upon a market value appraisal which was provided to you earlier. Represents the full amount of the appraisal of just compensation for the property to be purchased; Is not less than the approved appraisal of the fair market value of the property as improved; Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the public improvement for which the property is to be acquired or by the likelihood that the property would be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and Does not reflect any consideration or allowance for any relocation assistance and payments or other benefits to which the owner is entitled to receive under an agreement with the County. 5. The owner of a business conducted on a property to be acquired, or conducted on the remaining property which will be affected by the purchase of the required fee, may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the Grantors ability to prove such loss in accordance with the provisions of Sections 1263.510 and 1263.520 of the Code of Civil Procedure. If you ultimately elect to reject the City's offer for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. 660,07-2 20 0 0 0 2 3 EXHIBIT E ESTOPPEL CERTIFICATE ~o~o~,-~ ~ 0 0 0 2 4 AGENDA CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM NOVEMBER 12, 2003 7:30 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Council business, we proceed as follows: The regular meetings of the City Council are held on the second and fourth Wednesday of each month at 7:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the City Council on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Council Chamber's and submit it to the City Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents the City Council from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address for the Minutes. COMMENTS ARE GENERALLY LIMITED TO FIVE (5) MINUTES PER SPEAKER. In the event that there are more than six persons desiring to speak, the Mayor may reduce the amount of time per speaker to three (3) minutes. Thank you for your cooperation. The City Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Council action. PEDRO GONZALEZ Mayor KARYL MATSUMOTO Mayor Pro Tern JOSEPH A. FERNEKES Councilman RICHARD A GARBARINO, SR. Councilman RAYMOND L. GREEN Councilman SYLVIA M. PAYNE City Clerk MICHAEL A. WILSON City Manager STEVEN T. MATTAS City Attorney PLEASE TURN OFF CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS · LaserFiche-WebLink, publishing documents on the Web - Information Technology Director Doug Hollis AGENDA REVIEW PUBLIC COMMENTS ITEMS FROM COUNCIl, · Community Forum · Subcommittee Reports CONSENT CALENDAR 1. Motion to approve the minutes of October 22, 2003 and November 5, 2003 2. Motion to confirm expense claims of November 12, 2003 3. Resolution approving year-end adjustments to the FY 2002-03 budget Resolutions authorizing application for Murray-Hayden and Urban Parks Act competitive grant funds for the BART linear park and renovation of the Orange Park recreation building 5. Resolution approving Terrabay Phase III residential tower subdivision final map Motion to cancel meeting of November 26, 2003 and schedule a special meeting for November 25, 2003 ADMINISTRATIVE BUSINESS o Report on storm rehabilitation and flood control project at South Airport Boulevard/ Highway 101 exit o Review of Cultural Arts Commissioner Rivera's attendance record and consideration of removal from office 9. Review of questions for City Treasurer interview REGULAR CITY COUNCIL MEETING NOVEMBER 12, 2003 AGENDA PAGE 2 CLOSED SESSION 10. Closed Session: a) Pursuant to Government Code Section 54956.8 real property negotiations related to 178-190 Airport Boulevard; District Negotiator: Assistant City Manager Van Duyn b) Pursuant to Government Code Section 54957.6, conference with labor negotiator, Jennifer Bower, for all units c) Pursuant to Government Code Section 54956.9 (c), initiation of litigation, 1 case ADJOURNMENT Adjourn in memory of City Treasurer Beverly Bonalanza Ford and Housing Authority Commissioner James Claar REGULAR CITY COUNCIL MEETING AGENDA NOVEMBER 12, 2003 PAGE 3 Date: To: From: Subject: November 12, 2003 Honorable Mayor and City Council Director of Finance 2002-03 FISCAL YEAR-END BUDGET ADJUSTMENTS RECOMMENDATION: It is recommended that the City Council approve the attached budget amendment resolution that makes three year-end budget adjustments to allow staff to close the books on the 2002-03 fiscal year. BACKGROUND/DISCUSSION: Three City funds ended the 2002-03 fiscal year being overspent. A budget amendment is needed to appropriate funds so that overall the budget for those funds will match the overall level of expenditures. Staff may then close the books in conformance with generally accepted accounting standards. The changes are needed in three Special Revenue Funds: the Commute Reduction Fund, the CDBG Fund, and the Solid Waste Fund. (Special Revenue Funds are funds with dedicated revenues and specific purposes that may not be intermingled with other funds). Commute Reduction Fund The City receives grant funds from the Peninsula Congestion Relief Alliance, from CalTrain, and from SamTrans to fund commute shuttles, along with funding coming from major employer contributions. The fund had higher than budgeted expenditures in 2002-03, reflecting a higher level of shuttle activity. The attached budget amendment resolution will appropriate $110,000 to the Commute Reduction Fund, with $78,000 funded from higher employer contributions and the balance ($32,000) coming from reserves. The reserves exist because of a lag between collection of revenues and expenditure of funds, so the use of reserves is appropriate. However, staff has been informed that Sam Trans is currently processing the City's payment request for last year and we expect to receive it shortly. After this budget amendment transaction, the balance in reserves for this fund will be $17,000 as of year-end 2002-03. CDBG Fund The City receives a Community Development Block Grant (CDBG) allocation each year from the U.S. Department of Housing and Urban Development (HUD). As part of the budget process, Council approves the Use of those funds for various housing and social service programs. Over Staff Report Subject: 2002-03 Fiscal Year-end Budget Adjustments Page 2 of 2 time, as prior CDBG loans are repaid, or as rental income comes in from the rental properties on Commercial Ave., the Fund earns program income, which HUD requires must be used prior to receiving an additional grant allocation. The City had built up program income, and used those funds to supplement funds from the County HOME program and from a HUD Section 108 loan to acquire four additional low-income housing units in Willow Gardens in November 2002. Council had approved the acquisition in concept in 1998, but funds for the City's portion had not been formally appropriated through the budget process. Approving the attached budget amendment will appropriate $260,000 from CDBG program income on hand for the purchase. Solid Waste Fund The City pays for various waste reduction efforts out of the Solid Waste Fund, such as the citywide garage sale as well as for remediation and monitoring costs on the closed landfill at Oyster Point Blvd. Our solid waste franchise holder, the South San Francisco Scavenger Company, contributes to solid waste reduction efforts according to an agreement with the City. During 2002-03, costs paid for Gabewell Engineering and L&B Environmental were higher than budgeted, representing water monitoring and site restoration work required to comply with remediation regulations affecting the Oyster Point landfill. (Total expenses during 2002-03 for these two firms were $143,000). The attached budget amendment resolution will appropriate $43,000 to the Solid Waste Fund to pay for the higher than budgeted costs. The Solid Waste Reserve balance will be $624,000 after this budget amendment at year-end 2002-03. Of this amount, $400,000 was budgeted in the current year for additional landfill remediation work. FISCAL IMPACT: The attached budget amendment resolution will appropriate: $110,000 to the Commute Reductions Fund, funded from higher employer revenues ($78,000) and from reserves ($32,000); · $260,000 to the CDBG Fund from CDBG Program income; · $43,000 to the Solid Waste Fund, with funding coming from Solid Waste Reserves. Prepared by: (~ Finance Director Approved Michael A. Wilson City Manager Attachments: Resolution RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING AN AMENDMENT TO THE 2003-2004 OPERATING BUDGET (NO. 04-8) MAKING ADJUSTMENTS TO CLOSE THE 2002-2003 FISCAL YEAR NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes an amendment to the 2003 -2004 Operating Budget (No. 04-8), appropriating $110,000 to the Commute Reductions Fund, funded from higher employers revenues ($78,000) and from reserves ($32,000); $260,000 to CDBG Fund from CDBG Program income; and $43,000 to the Solid Waste Fund, with funding coming from Solid Waste Reserves. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the ~ day of ,2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: S:\Current Reso's\l 1-12fiscal.year.end.bud.adj.res.doc ATTEST: City Clerk DATE: November 12, 2003 TO: Honorable Mayor and City Council FROM: Director of Recreation and Community Services SUBJECT: Resolutions Authorizing the City Manager to File Applications for the Murray- Hayden Program and Urban Park Act of 2001 Competitive Grant Funds; Resolution Authorizing the City Manager to Execute an Agreement with Callander Associates, Landscape Architecture, Inc. for Preparation of Grant Applications RECOMMENDATION: It is recommended that the City Council adopt four resolutions authorizing the City Manager to file applications for both Murray-Hayden Program and Urban Park Act of 2001 competitive grant funds (Proposition 40) for two separate projects: Murray-Hayden for the BART/SSF Linear Park; Murray-Hayden for the renovation of the Orange Park Recreation Building; Urban Parks for the Linear Park; and Urban Park for the Orange Park Recreation Building. It is further recommended that the City Council adopt a resolution authorizing the City Manager to execute an agreement with Callander Associates, Landscape Architecture, Inc., in an amount not to exceed $18,600, for preparation of the four separate grant applications as referenced above. BACKGROUND/DISCUSSION: In 2002 the voters of California approved Proposition 40 - the Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. As a result, cities throughout California have the opportunity to receive non-competitive grant funding for park and recreation capital improvement projects, as well as to apply for competitive grant funds. At the regular City Council meeting of October 22, 2003 two resolutions were approved which authorized application of the non-competitive Block Grant and Per Capita programs, with a combined total allocation of $433,179. The resolutions recommended for approval in this report address two competitive programs under which the city is eligible to apply for funds: the Murray-Hayden Program, and the Urban Park Program. The deadline to apply for these funds is, respectively, December 15, 2003 and January 15, To: Honorable Mayor and City Council Date: November 12, 2003 Subject: Resolution Authorizing Application for Murray-Hayden and Urban Park Act Grant Program Funds Page 2 2004. The minimum grant request is $100,000 and the maximum grant request is $2,500,000. Unlike the non-competitive allocations, projects submitted under these programs are scored and ranked; selection criteria favor projects that serve low-income youth. It is anticipated that competition will be fierce for funding; staff at the State of California estimate that only one in four projects will be funded. While no match of city funds is required, projects do receive more "points" in the scoring process if matching funds are applied. The Parks and Recreation Commission voted in favor of staff submitting applications at their regular October meeting. Staff proposes using Callander Associates to assist with the technical aspects of preparing the applications. One or more specific projects with cost estimates must be submitted to apply for these competitive funds. The strategy employed is to maximize South San Francisco's funding potential by applying for two projects under both programs, in hope of being funded for at least one. According to the State, both projects will be scored independently. Staff selected two projects as potentially fundable, which have the highest priority for the Parks and Recreation Commission: creation of the Linear Park, and renovation of the Orange Park Building. At the time this issue was considered by the Parks and Recreation Commission, only the Recreation Building was suggested as an eligible project to submit due to the city's lack of ownership of the land. Staff has since confirmed with the State that if a Joint Powers Agreement between the city, BART, and SamTrans that confirms the land will be dedicated as a Linear Park can be provided by the time funding is awarded, an application for the Linear Park will be considered. Since Callander Associates have a close association with both of these projects, they are well qualified to prepare excellent packages. It is very important to note that the work done by Callander in preparing these applications could posture the city well for other grant opportunities that may arise in the furore. The Master Plan that has been prepared for the Linear Park puts the city in a good position to submit an application, including extensive public hearings and the development of some preliminary cost estimates. The most problematic aspect will be in developing a joint powers agreement that confirms "land tenure" for funding eligibility, which as indicated above, can be finalized after the application deadline. For the Orange Park Recreation Building project, a significant amount of work has been done, including the 1990 Master Plan process, conceptual drawings that have been explored over the years, and public input taken during the Tennis Drive improvement process. This type of project development is essential to receiving a high enough score to be funded, particularly the public input element. If approved by the City Council, staff proposes to invite public comment on the renovation of the Recreation Building at the December Parks and Recreation Commission meeting. It is important to note that for the purpose of applying for funds, only conceptual plans and cost estimates are necessary. Development and refinement of the plans would be developed as part of the projects if funding is received; design costs can be included in the estimated project budget. FUNDING: Funding for Callander Associates to prepare the four grant applications will be from developer fees To: Honorable Mayor and City Council Date: November 12, 2003 Subject: Resolution Authorizing Application for Murray-Hayden and Urban Park Act Grant Program Funds Page 3 for park-in-lieu funds in Zone IV. SUMMARY: Approval of the attached resolutions will allow the city to apply for competitive Proposition 40 funds and authorizes the City Manager to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, payment requests, etc., which may be required for completion and payment for the project(s). Approval of the resolution for Callander Associates will authorize the City Manager to execute an agreement with Callander Associates, Landscape Architecture, Inc. for preparation of the four grant applications. By: Sharon Ranals Director of Recreation and Community Services Attachments: Resolutions Scope of Work - Callander Associates Approved: Mich~aei~i~lso~ City Manager RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CAL~ORNIA A RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE MURRAY-HAYDEN PROGRAM FOR THE BART/SSF LINEAR PARK PROJECT WHEREAS, the people of the State of California have enacted the CAL~ORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COSTAL PROTECTION ACT OF 2002, which provides funds to the State of California for grants to eligible Applicants; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the Murray-Hayden Urban Parks and Youth Service Program and the grant Project shown above within the State, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Applicant's Governing Body to certify by resolution the approval of the Application before submission of said Application to the State; and WHEREAS, the Applicant will enter into a Contract with the State of California for the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby: Approves the filing of an Application for local assistance funds from the Murray-Hayden Program under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002; and 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project; and 3. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and 4. Certifies that the Project conforms to the recreation element of City's general plan; and o Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to, Applications, agreements, payment requests and so on, which may be necessary for the completion of the Project. 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: AYE S: NOES: ABSTAIN: ABSENT: S:\Current Reso's\l 1-12murry. haden.BART.doc ATTEST: City Clerk RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE MURRAY-HAYDEN PROGRAM FOR THE ORANGE PARK RECREATION BUILDING PROJECT WHEREAS, the people of the State of California have enacted the CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COSTAL PROTECTION ACT OF 2002, which provides funds to the State of California for grants to eligible Applicants; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the Murray-Hayden Urban Parks and Youth Service Program and the grant Project shown above within the State, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Applicant's Governing Body to certify by resolution the approval of the Application before submission of said Application to the State; and WHEREAS, the Applicant will enter into a Contract with the State of California for the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby: Approves the filing of an Application for local assistance funds from the Murray-Hayden Program under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002; and 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project; and 3. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and 4. Certifies that the Project conforms to the recreation element of the City's general plan; and o Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to, Applications, agreements, payment requests and so on, which may be necessary for the completion of the Project. AYES: 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: NOES: ABSTAIN: ABSENT: S :\Current Reso's\ 11 - 12murry.haden. orange.park, doc ATTEST: City Clerk RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE URBAN PARK ACT OF 2001 PROGRAM FOR THE BART/SSF LINEAR PARK PROJECT WHEREAS, the people of the State of California have enacted the CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COSTAL PROTECTION ACT OF 2002, which provides funds to the State of California for grants to eligible Applicants; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the Urban Park Act of 2001 Program and the grant Project shown above within the State, setting up necessary procedures; and WHEREAS, said procedures established by the Califomia Department of Parks and Recreation require the Applicant's Governing Body to certify by resolution the approval of the Application before submission of said Application to the State; and WHEREAS, the Applicant will enter into a Contract with the State of California for the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby: Approves the filing of an Application for local assistance funds from the Urban Park Act of 2001 Program under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002; and 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project; and 3. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and 4. Certifies that the Grantee has or will have available, prior to commencement ofanywork on the Project, the proportional Match; and 5. Certifies that the Project conforms to the recreation element of the City's general plan; and Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to, Applications, agreements, payment requests and so on, which may be necessary for the completion of the Project. I hereby certify that the foregoing Resolution was regularly introduced and adopted AYES: by the City Council of the City of South San Francisco at a on the __ day of ,2003 by the following vote: meeting held NOES: ABSTAIN: ABSENT: S :\Current Reso's\ 11-12urban.park. BART.doc ATTEST: City Clerk RESOLUTION NO. CITY COUNC1L, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE URBAN PARK ACT OF 2001 PROGRAM FOR THE ORANGE PARK RECREATION BUILDING WHEREAS, the people of the State of California have enacted the CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COSTAL PROTECTION ACT OF 2002, which provides funds to the State of California for grants to eligible Applicants; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the Urban Park Act of 2001 Program and the grant Project shown above within the State, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Applicant's Governing Body to certify by resolution the approval of the Application before submission of said Application to the State; and WHEREAS, the Applicant will enter into a Contract with the State of California for the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby: Approves the filing of an Application for local assistance funds from the Urban Park Act of 2001 Program under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002; and 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project; and 3. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and 4. Certifies that the Grantee has or will have available, prior to commencement of any work on the Project, the proportional Match; and 5. Certifies that the Project conforms to the recreation element of the City's general plan; and o Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to, Applications, agreements, payment requests and so on, which may be necessary for the completion of the Project. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the _ day of ,2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: S:\Current Reso's\l 1-12urban.park. Orange.Park. res.doc ATTEST: City Clerk RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND CAI,I,ANDER ASSOCIATES, LANDSCAPE ARCHITECTURE, INC. FOR PREPARATION OF GRANT APPLICATIONS IN AN AMOUNT NOT TO EXCEED $18,600 WHEREAS, the City of South San Francisco desires to enter into an agreement with Callander Associates Landscape Architecture, Inc. for the preparation of grant applications filed for both Murray-Hayden Program and Urban Park Act of 2001; and WHEREAS, funding for Callander Associates to prepare the four grant applications will be from developer fees for park-in-lieu funds in Zone IV. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes an agreement between the City of South San Francisco and Callander Associates, Landscape Architecture, Inc. for the preparation of grant applications in an amount not to exceed $18,600. 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 he~reby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the day of ,2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: S :\Current Reso's\ 11 - 12agree.with.calander. res.doc ATTEST: City Clerk Callancler Associates Landscape Architecture, Inc. Via Fax and First Class Mail November 3, 2003 (650) 829-3800 Fax (650) 877-5378 Ms. Sharon Ranals Director of Recreation and Corn~unity Services City of South San Francisco / P.O. Box 711 South San Francisco, CA/9~083-0711 RE: SSF VARIoUS~/design and grant application services Dear Sharon: / It is exciting that fl~e City of South San Francisco has decided t© begin looking at the redesign of the 9ran. ge Par. k/C. o .mmuru~ Center, Log Cabin, and the immediately surrounding site. This is a,nomer ~mp .ort/an.r piece to the renovation of Orange Memorial Park and continues the success f~_r_ec~e~.nt,p.ro!e/?s l~n the.,dlrect vlctruty. It is equally exciting that grant programs have been uenrmea to r~elp tuna this project as well as a portion of the linear park during the down economic tim~es. We are pleased to assist the City in developing conceptual plans and grant applicationsf~ help make these projects become realities. ' Under contract to the City, Callander Associates will prepare plans delineating these improvements and assist with developing the grant applications. To assist you in these efforts, we would p~opose to complete the following tasks in chronological order. The items shown in bold-face italics are documents that we would prepare as part of our tasks. 1.0 CONCEPTUAL DESIGN (SSF Community Center) 1.01 gee' worl~ const 1.02 Assen Assod 311 Seventh Avenue San Mateo, CA 94401-4259 T 650.375.1313 F 650.344.3290 vwvw. calianderassociates.com with City Parks & Recreation, Public Works, Planning and other staff in an initial session to review project goals, schedule, grant application requirements, :aints, etc. Provide written meeting summary. ble base data from City files and existing survey information in Callander .tes archives. Prepare an existing conditions plan at twenty scale. 11180 Sun Center Drive, Suite 104 Landscape Architecture Rancho Cordova, CA 95670-6167 Urban Design T 916.631.1312 Land Planning F 916.635.9153 Park and Recreation Planning www.callanderassociates.com Environmental Planning Peter Callander, ASIA, Principal Mark Slichter, ASLA, Senior Associate Brian G. Fletcher, ASIA, Associate Erik Smith, ASIA, Associate Benjamin W. Woodside, ASIA, Associate Ms. Sharon Ranals RE: SSF COMMUNITY CENTER/design and grant application services November 3, 2003 Page 2 of 4 2.01 2.02 1.03 Conduct general site reconnaissance of area to familiarize~,us wi~th existing opportunities and constraints; photograph site for design and pres~enf~tion use; provide digital photo log for City use. 1.04 ~re.par. e a single draft conceptual develop.~e~nt plan (site plan) of the site and building roorpnnts at twenty scale to illustrat/e/sffe design opportunities. 1.05 Prepare draft conceptual architei~ural development plans, including floor plans and [ levations, to illustrate exisfi/.n~ and proposed building features, general room sizes, and aqade characteristics. Drivings to be prepared at 1/8 scale. 1.06 Prepare draft estimate/6f probable construction costs along with possible phasing options. / / / / 1.07 Review above ' / . . mfiormation m a work session with City staff; develop consensus for proceeding; pr~l~are written meeting summary. In / corporate 7iinor refinements, render plans and elevations in color, update cost 1.08 estimates.~, 1.09 Assemble/above information in an 11x17 or 8 ~6xll report format for Park and RecreatiOn Commission staff report. 1.10 Presen/,the above information at a single Park and Recreation Commission meeting; elicit arid document comments, concerns, and issues.. Prepare written summary. / 2.0 GRA~qT APPLICATIONS (SSF Communi _ty Center and Linear Park) ~w application requirements, key components, and other relevant information de written summary of selection criteria and application requirements. ~w the above information in a single meeting with City staff. Review application irements, responsibilities, and schedule. Review linear park project limits for grant oses. Provide a written summary. Revi Prov Revi requ purl: Prep infor: inclu~ 2.03 ~e a draft Urban Parks Grant AppIication in 8 1/2xll report format utilizing nation produced and gathered during the conceptual design phase. Application to e; · Profect Application Form · ResOlution - authorizing resolution from governing body (City to provide) · Projd~t Summary · ProjeCxt Selection Criteria documentation Cost E~t/mate - design, public outreach, and construction costs · Sources~o£ All Additional Funds (City to provide) P1379ScopeLetterll_3-03.d~c © copyrighted 2003 Callander AssXmziates Landscape Architecture, Inc. Ms. Sharon Ranals RE: SSF COMMUNITY CENTER/design and grant application services November 3, 2003 Page 3 of 4 2.04 2.05 · CEQA (City to provide) · Site Plan and architectural plans · Topographic Map · Project Location Map - with access points · Site Photos / Note: Two separate applications will be prepared; one for the SSF Community Center and one for the linear park. Prepare a draft Murray-Hayd~er~ Grant Application in 8 1/2xll report format utilizing information produced and.g~(thered during the conceptual design phase. Application to include; · Project pplication.Form · Resolution - authgfizing resolution from governing body (City to provide) · Project Summary/ · Project Selection'/Criteria' ' documentation · Cost Estimatp - design, public outreach, and construction costs · Sources of ~ Additional Funds (City to provide) · CEQA (Cify to provide) · S~te Plan/and architectural plans · Topographic Map · Project/Location Map - with access points · Site P/hotos Note: Two separate applications will be prepared; one for the SSF Corru-nunity Center and one ffor the linear park. Revie~ above information in a work session with City staff; develop consensus for proce.~d' 'Lng; prepare written meeting summary. 2.06 Incol the 1~ appli 3.0 COb tporate minor refinements, prepare final Grant Applications (total of four). Submit Iurray-Hayden Grant application by December 15, 2003 and the Urban Parks Grant cation by January 15, 2004. 'STRUCTION DOCUMENTS (not included) 4.0 BID1)ING AND CONSTRUCTION REVIEW (not included) 5.0 ADDITIONAL SERVICES 5.01 All ta ,sks not specifically noted above could be performed as additional services. These tasks w~ould include, but not be limited to, all revisions or additional submittals required~ by the City or any other agency's review, other meetings, additional design studies, ~r other tasks not specifically noted in the foregoing. These services would be billed ho£u~rly or on a lump sum fee basis to be documented in a written amendment to this agreerr{,ent. P1379ScopeLetterl 1-3-03.do~c, © copyrighted 2003 Callander Associates Landscape Atchitectttre, Inc. Ms. Sharon Ranals RE: SSF COMMUNITY CENTER/design and grant application services November 3, 2003 Page 4 of 4 6.0 REIMBURSABLE EXPENSES /J 6.01 In addition to the above fees, we would bill for all prin"ting and reproduction, delivery, horticultural soils samples, the communication.,an~d insurance surcharge, and other reimbursable expenses as noted in the attached Standard Schedule of Compensation. You should establish a tentative budge~LfO~ these expenses (see 7.0 Summary below). These costs will be itemized on our~t~oice and compared monthly with the total allowances to assist you in moni~oiing these costs. 7.0 COMPENSATION SUMMA~RY 1.0 Conceptual Desk(lump sum) .................................................. $8,094 Architectural Obersight (lump sum) ......................................... $1,000 2.0 Grant Appli, c'~tions (lump sum) ................................................. $7,880 5.0 AdditionakServices (hourly) .............................................. as required 6.0 ' f' Reimbursable Expenses (allowance) .......................................... $1,600 / / Total Compe/sation .. n .......................................................................................... $18,574 The tasks outlined/are keyed to best analyzing existing conditions and developing documents suitable for tmdei, fstanding the basic proposed improvements and fadlitating initial public comments. This approach is the most suitable for responding to specific requirements of identified grant/Programs. If you have any further thoughts or questions, please call. Should this proposal beacceptable to you, please have a copy signed and return it to me as our agreement an,d authorization to proceed Sincerely, Brian Fletd Callander ~ BF:bi Attachments Notice: er, Associate / ,ssociates Landscape Architecture, Inc. Agreed and authorized to proceed: (name of authorized representative) (date) Standard Schedule of Compensation dated 2003 (S) Project Limits Diagram dated November 3, 2003 La_r ~scape architects are regulated by the State of California. P1379ScopeLetterl 1-3-03.d~c © copyrighted 2003 Callander AsSociates Landscape Architecture, Inc. \ DATE: TO: FROM: November 12, 2003 The Honorable Mayor and City Council The Director of Public Works SUBJECT: TERRABAY PHASE llI- TERRABAY RESIDENTIAL CONDOMINIUM TOWER SUBDWISION RECOMMENDATION It is recommended that the City Council adopt a resolution approving the Terrabay Residential Tower final map and authorizing the concurrent recordation of the map, the approved Declaration of Covenants, Conditions and Restrictions (D.C.C.&R.'s) and any related documents. BACKGROUND The City Engineer and the City's technical reviewer, with the concurrence of all affected City departments and divisions, have determined that the Terrabay Residential Tower final map, private on-site improvement and landscaping plans, D.C.C.& R's and related documents, are in compliance with the Subdivision Map Act, the City's Subdivision Ordinance and all applicable tentative map conditions of approval for the condominium tower subdivision portion of the Terrabay Phase development. The subdivider, Myers Residential Ventures, LLC, has signed the final map and Declaration of Covenants, Conditions and Restrictions. The Terrabay Residential Tower final map will subdivide the property into 112 condominium apartment units within a 16-story, 165-foot tall, building. The condominium tower will be accessed from a private road, Mandalay Place, and served by private sewers, storm drains and street lighting, which will be maintained by the Terrabay homeowners association. The attached resolution will approve the Terrabay Residential Tower final map and authorize the concurrent recordation of the final map, D.C.C.& R.'s and any related documents. Direcjtor of Public Works Approved: ~'~)~//~/f~ Michael A. WilsDn City Manager ATTACHEMENTS: RH/JG/ed Resolution Location Map Final Map RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE TERRABAY RESIDENTIAL TOWER FINAL MAP AND AUTHORING THE CONCURRENT RECORDATION OF THE MAP, THE APPROVED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RELATED DOCUMENTS WHEREAS, staff recommends approval of the Terrabay Residential Tower final map, the concurrent recordation of the final map, D ' .C.C.&R. s and related documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves the Terrabay Residential Tower final map and authorizes the concurrent recordation of the map, the approved Declaration of Covenants, Conditions, and Restrictions and related documents. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the ~ day of ., 2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: S:\Current Reso's\l l-4terrabay.residential.tower.res.doc ATTEST: City Clerk OWNER'S ACKNOWLEDGMENT N.M,4E~) te,/~l~ SbTa.~m~e~3 ~O ~ ~M11'IIN IN$'IRUM~NT AND AC~G~O~M.~OG~D TO M~ 1HAT m' com.,~o, i~,~s: q' M'~l~ BENEFICIARY'S ACKNOWLEDOMEHT -., OEOTECHNICAL REPORT NOTE CITY CLERK'S STATEMENT TECHNICAL REVIEWER'S STATEMENT SURVEYOR'S STATEMENT ~/.~o/~oo4 CI1~' .ENGINEER'S STATEMENT COUNTY RECORDER°S STATEMENT TERRABAY RESIDENTIAL TOWER FOR CONDOMINIUM PURPOSES ~HO!a~l ON THAT CERTAIN MAP ENTITLED *TERRABAY PHASE fll - MANDALAY PO~HT£' OTY OF' SOU'~-I SAN FRANCISCO COUNTY OF SAN MATEO STAT[ OF' CALIFORNIA JUNE, 2005 SHEET I OF 2 LOT 392 J21 /vi &5~79 REMAINDER PARCEL 53 Pt,,4 ~2-~5 m 3/,~' LP. LOT 0 132 M 4~-5,~ G]~3~]C SCAJ~ I tnek n 40 ft. ,?2 ~ ,Lq-S.3 LEGEND ........... EASEUENT UN[ · BASIS:OF' BEARINGS; LOT A 44.4-27 S.F.+ LOT A J32 M 4g-53 LOT B M 49-53 F~G02--238127 TERRABAY RESIDENTIAL TOWER FOR CONDOMINIUM PURPOSES BEING A SUBDIV~JON OF LOT A AS SAID LOT IS FILED FOR RECORD ON NOYEMBER 18. 2002 IN BOOr< l$2 OF MAPS AT PAGES 49 THROUGH 53 INCLUSIVE. SAN MATEO COUNTY RECORDS CiTY OF SOUTH SAN FRANCISCO COUNTY OF SAN MATEO STATE OF CAUFORNIA SHEET 2 OF 2 Motion to cancel meeting of November 26, 2003 and schedule a special meeting for November 25, 2003 7. Report on storm rehabilitation and flood control project at South Airport Boulevard/Highway 101 exit Staff Report will be faxed on Monday DATE: TO: FROM: SUBJECT: November 12, 2003 Honorable Mayor and City Council Assistant City Manager Cultural Arts Commissioner Domingo Rivera RECOMMENDATION It is recommended that the City Council review the attendance record of Commissioner Domingo Rivera and consider the following actions: 1) Approve by motion, the removal ofDomingo Rivera from the Cultural Arts Commission or 2) monitor the attendance of Domingo Rivera and establish specific thresholds and consequences for unexcused absences. BACKGROUND/DISCUS SION The City Council may remove any City Board/Commission Member who has unexcused absences for three or more consecutive meetings, or has unexcused absences for more than one-third of the regular meetings within any twelve-month period. At the time of this writing, Cultural Arts Commissioner Domingo Rivera has missed the following meetings since July, 2002: July, 2002 - October, 2002 - November, 2002 - April, 2003 - June, 2003 - July, 2003 - August, 2003 - September, 2003 Since being appointed on March 14, 2001, Mr. Rivera has missed fourteen (14) out of twenty-eight (28) meetings. Mayor Gonzalez sent Mr. Rivera a letter dated August 4, 2003, wherein he provided him the opportunity to discuss any special circumstances regarding his absences. Mr. Rivera did not respond to Mayor Gonzalez. In fact, since the Mayor's letter, he has missed two additional Cultural Arts Commission meetings. As a result, staff sent Domingo Rivera a letter dated October 6, 2003, requesting his resignation. This action prompted Commissioner Rivera to inform Mayor Gonzalez and staffthat he wanted to continue on the Cultural Arts Commission and that he would make every effort to improve his attendance. It should be noted that Commissioner Rivera did attend the regular Cultural Arts Commission Meeting on October 16, 2003. Nevertheless, his overall lack of attendance has exceeded the thresholds established by the City Council. Staff Report Subject: Cultural Arts Commissioner Domingo Rivera November 12, 2003 Page 2 CONCLUSION Thus, it is recommended that the City Council consider removing Commissioner Domingo Rivera from the Cultural Arts Commission, or continue to monitor his attendance and establish specific thresholds and consequences for his unexcused absences. ~. ~agel '""( "~--'~ Assistant City Mana'~e~ Approved: /~'~4.~~ Michael A. Wilson City Manager Attachment: 1. Attendance record: April, 2001 - October, 2003 2. Letter from Mayor Gonzalez: August 4, 2003 3. Letter from Assistant City Manager Nagel: October 6, 2003 2001 Domingo Rivera Appointed 3/14/01 Fe' March A~rllt Total Meetings 8 Total Absences 3 2002  April Domingo ~ A Rivera May June July Aug Sept Oct Nov Dec To[al --[ Total 2OO3 l ngo~~Marchl April I May I June I July I Aug I Sept I Oct I Nov'l Dec I Total IAbsencest Domi ~ . Total August 4, 2003 Mr. Domingo Rivera Cultural Arts Commission Member 3665 Carter Drive South San Francisco, CA 94080 Dear Commission Member Rivera: As you are aware, the City's policy states that Council may remove any member who has missed three or more consecutive meetings, or has missed more than one-third of the regular meetings within any twelve month period. It has come to our attention that you have missed the following meetings of the Cultural Arts Commission: July, 2002 - October, 2002 - November, 2002 April, 2003 - June, 2003 If there are special circumstances that you wish to communicate regarding the absences noted above, please contact me so that we can discuss this issue. While we realize that there are often unforseen circumstances that might present occasional absences from the Commission meetings, we must also acknowledge that the work of the Cultural Arts Commission requires the full and consistent participation of all members. Your support and contributions are certainly important to the City and to the Commission. I hope your schedule will allow your continued commitment and participation. Yours very truly, Pedro Gonzalez Mayor October 6, 2003 Mr. Domingo Rivera 3665 Carter Drive South San Francisco, CA 94080 Dear Mr. Rivera: On behalf` of the City of South San Francisco, I am taking this opportunity to request your letter of resignation from the Cultural Arts Commission. As stated in Mayor Pedro Gonzalez' letter to you dated August 4, 2003, the City Council may remove any City Board/Commission Member who has missed three or more consecutive meetings, or has missed more than one-third of'the regular meetings within any twelve month period. At the time of this writing, you have missed the following meetings: July, 2002 - October, 2002 - November, 2002 - April, 2003 June, 2003 - July, 2003 - August, 2003 - September, 2003 Despite the Mayor's attempt to provide you the opportunity to discuss any special circumstances regarding the absences noted above, you have not done so. Thus, I am asking for a letter of resignation from you no later than Monday, October 13, 2003. Ifa letter of resignation is not received by the aforementioned date, the City Council will take formal action to remove you from the South San Francisco Cultural Arts Commission at their regular meeting on October 22, 2003. If,you have any questions or comments, please do not hesitate to contact me at (650) 877-8500. Yours very truly, Barry Nagel Assistant City Manager CC: City Council - City Clerk - City Manager - Director of Recreation & Community Services 9. Questions for City Treasurer interview will be distributed at the City Council Meeting