HomeMy WebLinkAbout2005-04-13 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
WEDNESDAY, APRIL 13, 2005
6:30 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 13th day of April 2005, at 6:30 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 South San Francisco Housing Authority
Discussion and appointments to South San Francisco Housing Authority
Adjournment
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AGENDA
REDEVELOPMENT AGENCY
CITY OF SOUTH SAN FRANCISCO
REGULAR MEETING
MUNICIPAL SERVICE BUILDING
COMMUNITY ROOM
WEDNESDAY, APRIL 13, 2005
7:00 P.M.
PEOPLE OF SOUTH SAN FRANCISCO
You are invited to offer your suggestions. In order that you may know our method of conducting Agency
business, we proceed as follows:
The regular meetings of the Redevelopment Agency are held on the second and fourth Wednesday of
each month at 7:00 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South
San Francisco, California.
Public Comment: For those wishing to address the Board on any Agenda or non-Agendized item, please
complete a Speaker Card located at the entrance to the Community Room and submit it to the Clerk.
Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment.
California law prevents Redevelopment Agency from taking action on any item no__! on the Agenda
(except in emergency circumstances). Your question or problem may be referred to staff for investigation
and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive
action or a report. When your name is called, please come to the podium, state your name and address for
the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for
your cooperation.
The Clerk will read successively the items of business appearing on the Agenda. As she completes
reading an item, it will be ready for Board action.
JOSEPH A. FERNEKES
Vice Chair
PEDRO GONZALEZ
Boardmember
RICHARD BATTAGLIA
Investment Officer
BARRY M. NAGEL
Executive Director
RAYMOND L. GREEN
Chair
RICHARD A. GARBARINO, SR.
Boardmember
KARYL MATSUMOTO
Boardmember
SYLVIA M. PAYNE
Clerk
STEVEN T. MATTAS
Counsel
PLEASE SILENCE CELL PHONES AND PAGERS
HEARING ASSISTANCE EQUIPMENT IS AVAILABLE FOR USE BY THE HEARING-IMPAIRED AT REDEVELOPMENT AGENCY MEETINGS
CALL TO ORDER
ROLL CALL
AGENDA REVIEW
PUBLIC COMMENTS
CONSENT CALENDAR
1. Motion to approve the minutes of March 23, 2005
2. Motion to confirm expense claims of April 13, 2005
3. Resolution authorizing the execution of an agreement with CSS Environmental Services,
Inc. for the purpose of undertaking Phase I Environmental Site Assessment for parcels
owned by the SFPUC in the amount of $20,000
4. Motion to reject all bids for construction of North Canal Fire Station No. 61
CLOSED SESSION
Pursuant to Government Code Section 54956.8 real property negotiations related to San
Francisco Public Utilities Commission property located on Mission Road (APNs: 093-
312-050/060); Agency Negotiator: Redevelopment Agency Assistant Director Van
Duyn; Negotiating parties: Redevelopment Agency, SF PUC and Kaiser Permanente
ADJOURNMENT
REGULAR REDEVELOPMENT AGENCY MEETING APRIL 13, 2005
AGENDA PAGE 2
Redevelopment Agency
Staff Report
RDA AGENDA ITEM #3
DATE:
TO:
FROM:
SUBJECT:
April 13, 2005
Redevelopment Agency Board
Marry Van Duyn, Assistant Executive Director
AGREEMENT WITH CSS ENVIRONMENTAL SERVICES FOR PHASE I
SITE ASSESSMENT FOR PARCELS OWNED BY SAN FRANCISCO
PUBLIC UTILITIES COMMISSION
RECOMMENDATION
It is recommended that the Agency Board adopt the attached Resolution authorizing the
Executive Director to execute an agreement with CSS Environmental Services, Inc. in the
amount of $20,000 for the purpose of undertaking Phase I Environmental Site Assessment for
parcels owned by the San Francisco Public Utilities Commission.
BACKGROUND/DISCUS SION
In December of 2004, staff issued a Request for Proposals (RFP) to environmental firms requesting
bids to undertake a Phase I Assessment of the properties located along the 1.12 mile E1 Camino Real
corridor and totaling approximately 25 acres. Out of six RFP's that were mailed only two responses
were received. Of the two responses, staff determined the most responsive and cost effective was
submitted by CSS Environmental Services, Inc. (CSS).
The Phase I proposed by CSS will be prepared in consideration of standard practices and regulations
for conducting assessments for commercial real estate. The goal of the assessment will be to identify
any recognized environmental condition which may exist at parcels within the proposed corridor due
to the presence or likely presence of any hazardous substances or petroleum products on a property
under conditions that indicate an existing release, or past release, or a material threat of a release of
any hazardous substances into structures on the property or into the ground, ground water, or surface
water of the property.
The CSS proposal is recommended to be accepted due to several advantages over the other submittal
including: a more streamlined schedule for production of the assessment report; an overall cost
savings of nearly $15,000 compared to the other proposal; and greater staff flexibility regarding
required meetings or time allocated for review of the historical record. CSS has worked with the
Redevelopment Agency before, has relative familiarity with the area and has previously conducted
assessments in the vicinity.
RESOLUTION NO.
REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE
AGENCY BOARD AND CSS ENVIRONMENTAL SERVICES, INC. FOR
PHASE 1 EbCv'IRONMENTAL SITE ASSESSMENT FOR PARCELS
OWNED BY SAN FRANCISCO PUBLIC UTILITIES COMMISSION IN
THE AMOUNT OF $20,000
WHEREAS, staffrecommends the authorization of an agreement between the Agency Board
and CSS Environmental Services, Inc. for Phase 1 Environmental Site Assessment for parcels owned
by San Francisco Public Utilities Commission in the amount of $20,000; and
WHEREAS, funds for the environmental assessment will be budgeted from the
Redevelopment Agency consultant services budget for the E1 Camino Corridor Project Area; and
WHEREAS, funds are currently available in the budget for this purpose.
NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of
South San Francisco th_at the Redevelopment Agency hereby authorizes an agreement between the
Agency Board and CSS Environmental Services, Inc. for Phase 1 Environmental Site Assessment for
parcels owned by San Francisco Public Utilities Commission in the amount of $20,000.
BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to execute
the agreement on behalf of the City of South San Francisco.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
Redevelopment Agency of the City of South San Francisco at a meeting
held on the __ day of , ,2005 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
S:\Current Reso's~4-13 -0 5 C SS.environmental.res.doc
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO
REDEVELOPMETN AGENCY AND
CSS ENVIRONMENTAL SER VICES, INC.
THIS AGREEMENT for consulting services is made by and between the City of South
San Francisco Redevelopment Agency ("Agency") and CSS Environmental Services, Inc.
("Consultant") (together sometimes referred to as the "Parties") as of April 14, 2005 (the
"Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement,
Consultant shall provide to Agency the services described in the Scope of Work attached as
Exhibit A, attached hereto and incorporated herein, at the time and place and in the manner
specified therein. In the event of a conflict in or inconsistency between the terms of this
Agreement and Exhibit A, the Agreement shall prevail.
1.1
Term of Services. The term of this Agreement shall begin on the Effective Date
and shall end on June 14, 2005, the date of completion specified in Exhibit A, and
Consultant shall complete the work described in Exhibit A prior to that date,
unless the term of the Agreement is otherwise terminated or extended, as provided
for in Section 8. The time provided to Consultant to complete the services
required by this Agreement shall not affect the Agency's right to tenuinate the
Agreement, as provided for in Section 8.
1.2
Standard of Performance. Consultant shall perform all services required
pursuant to this Agreement in the manner and according to the standards observed
by a competent practitioner of the profession in which Consultant is engaged in
the geographical area in which Consultant practices its profession. Consultant
shall prepare all work products required by this Agreement in a substantial, first-
class manner and shall conform to the standards of quality normally observed by a
person practicing in Consultant's profession.
1.3
Assignment of Personnel. Consultant shall assign only competent personnel to
perform services pursuant to this Agreement. In the event that Agency, in its sole
discretion, at any time during the term of this Agreement, desires the
reassignment of any such persons, Consultant shall, immediately upon receiving
notice from Agency of such desire of Agency, reassign such person or persons.
1.4
Time. Consultant shall devote such time to the performance of services pursuant
to this Agreement as may be reasonably necessary to meet the standard of
performance provided in Section 1.1 above and to satisfy Consultant's obligations
hereunder.
Consulting Services Agreement between
April 14, 2005
City of South San Francisco Redevelopment Agency
and CSS Environmental Services, Inc.
Page 1 of 15
Section 2. COMPENSATION. Agency hereby agrees to pay Consultant a sum not to
exceed Twenty Thousand Dollars, notwithstanding any contrary indications that may be
contained in Consultant's proposal, for services to be performed and reimbursable costs incurred
under this Agreement. In the event of a conflict between this Agreement and Consultant's
proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall
prevail. Agency shall pay Consultant for services rendered pursuant to th.is Agreement at the
time and in the manner set forth herein. The payments specified below shall be the only
payments from Agency to Consultant for services rendered pursuant to this Agreement.
Consultant shall submit all invoices to Agency in the manner specified herein. Except as
specifically authorized by Agency, Consultant shall not bill Agency for duplicate services
performed by more than one person.
Consultant and Agency acknowledge and agree that compensation paid by Agency to Consultant
under this Agreement is based upon Consultant's estimated costs of providing the services
required hereunder, including salaries and benefits of employees and subcontractors of
Consultant. Consequently, the parties further agree that compensation hereunder is intended to
include the costs of contributions to any pensions and~or annuities to which Consultant and its
employees, agents, and subcontractors may be eligible. Agency therefore has no responsibility
for such contributions beyond compensation required under this Agreement.
2.1
Invoices. Consultant shall submit invoices, not more often than once a month
during the term of this Agreement, based on the cost for services performed and
reimbursable costs incurred prior to the invoice date. Invoices shall contain the
following information:
· Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
· The beginning and ending dates of the billing period;
· A Task Summary containing the original contract amount, the amount of
prior billings, the total due this period, the balance available under the
Agreement, and the percentage of completion;
· At Agency's option, for each work item in each task, a copy of the
applicable time entries or time sheets shall be submitted showing the name
of the person doing the work, the hours spent by each person, a brief
description of the work, and each reimbursable expense;
· The total number of hours of work performed under the Agreement by
Consultant and each employee, agent, and subcontractor of Consultant
performing services hereunder, as well as a separate notice when the total
number of hours of work by Consultant and any individual employee,
agent, or subcontractor of Consultant reaches or exceeds 800 hours, which
shall include an estimate of the time necessary to complete the work
described in Exhibit A;
· The Consultant's signature..
Consulting Services Agreement between
City of South San Francisco Redevelopment Agency
and CSS Environmental Services, Inc.
April 14, 2005
Page 2 of 15
2.2
2.3
2.4
2.5
2.6
2.7
Monthly Payment. Agency shall make monthly payments, based on invoices
received, for services satisfactorily performed, and for authorized reimbursable
costs incurred. Agency shall have 3 0 days from the receipt of an invoice that
complies with all of the requirements above to pay Consultant.
Final Pa~vment. Agency shall pay the last 10% of the total sum due pursuant to
this Agreement within sixty (60) days after completion of the services and
submittal to Agency of a final invoice, if all services required have been
satisfactorily performed.
Total Payment. Agency shall pay for the services to be rendered by Consultant
pursuant to this Agreement. Agency shall not pay any additional sum for any
expense or cost whatsoever incurred by Consultant in rendering services pursuant
to this Agreement. Agency shall make no payment for any extra, further, or
additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an mount in excess of the
maximum amount of compensation provided above either for a task or for the
entire Agreement, unless the Agreement is modified prior to the submission of
such an invoice by a properly executed change order or amendment.
Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not
exceed the amounts shown on the following fee schedule:
Reimbursable Expenses. Reimbursable expenses are specified below, and shall
not exceed four Thousand four Hundred and Fifty-three ($ 4,453.00). Expenses
not listed below arc not chargeable to Agency. Reimbursable expenses arc
included in the total amount of compensation provided under this Agreement that
shall not be exceeded.
payment of Taxes. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state
taxes.
2.8
2.9
Payment upon Termination. In the event that the Agency or Consultant
terminates this Agreement pursuant to Section 8, the City shall compensate the
Consultant for all outstanding costs and reimbursable expenses incurred for work
satisfactorily completed as of the date of written notice of termination.
Consultant shall maintain adequate logs and timesheets in order to verify costs
incurred to that date.
Authorization to Perform Services. The Consultant is not authorized to perform
any services or incur any costs whatsoever under the terms of this Agreement
until receipt of authorization from the Contract Administrator.
Consulting Services Agreement between
City of South San Francisco Redevelopment Agency
and CSS Environmental Services, Inc.
April 14, 2005
Page 3 of 15
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall,
at its sole cost and expense, provide all facilities and equipment that may be necessary to
perform the services required by this Agreement. Agency shall make available to Consultant
only the facilities and equipment listed in this section, and only under the terms and conditions
set forth herein.
Agency shall furnish physical facilities such as desks, filing cabinets, and conference space, as
may be reasonably necessary for Consultant's use while consulting with Agency employees and
reviewing records and the information in possession of the Agency. The location, quantity, and
time of furnishing those facilities shall be in the sole discretion of Agency. In no event shall
Agency be obligated to furnish any facility that may involve incurring any direct expense,
including but not limited to computer, long-distance telephone or other communication charges,
vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this
Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall
procure the types and amounts of insurance listed below against claims for injuries to persons or
damages to property that may arise from or in connection with the performance of the work
hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consistent with the following provisions, Consultant shall provide Certificates of Insurance,
attached hereto and incorporated herein as Exhibit B, indicating that Consultant has obtained or
currently maintains insurance that meets the requirements of this section and under forms of
insurance satisfactory, in all respects, to the Agency. Consultant shall maintain the insurance
policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor
to commence work on any subcontract until Consultant has obtained all insurance required
herein for the subcontractor(s) and provided evidence thereof to Agency. Verification of the
required insurance shall be submitted and made part of this Agreement prior to execution.
4.1
Workers' Compensation. Consultant shall, at its sole cost and expense,
maintain Statutory Workers' Compensation Insurance and Employer's Liability
Insurance for any and all persons employed directly or indirectly by Consultant.
The Statutory Workers' Compensation Insurance and Employer's Liability
Insurance shall be provided with limits of not less than ONE MILLION
DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely
on a self-insurance program to meet those requirements, but only if the program
of self-insurance complies fully with the provisions of the California Labor Code.
Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The
insurer, if insurance is provided, or the Consultant, if a program of self-insurance
is provided, shall waive all fights of subrogation against the City and its officers,
officials, employees, and volunteers for loss arising from work performed under
this Agreement.
Consulting Services Agreement between
City of South San Francisco Redevelopment Agency
and CSS Environmental Services, Inc.
April 14, 2005
Page 4 of 15
4.2 Commercial General and Automobile Liability Insurance,
4.2.1
General requirements. Consultant, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for thc
term of this Agreement in an amount not less than ONE MILLION
DOLLARS ($1,000,000.00) per occurrence, combined single limit
coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to the work
to be performed under this Agreement or the general aggregate limit shall
be at least twice the required occurrence limit. Such coverage shall
include but shall not be limited to, protection against claims arising from
bodily and personal injury, including death resulting therefrom, and
damage to property resulting from activities contemplated under this
Agreement, including the use of owned and non-owned automobiles.
4.2.2
Minimum scope of coverage. Commercial general coverage shall be at
least as broad as Insurance Services Office Commercial General Liability
occurrence form CG 0001 or GL 0002 (most recent editions) covering
comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services
Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
The insurance shall cover on an occurrence or an accident basis,
and not on a claims-made basis.
bo
Any failure of Consultant to comply with reporting provisions of
the policy shall not affect coverage provided to City and its
officers, employees, agents, and volunteers.
4.3 Professional LiabiliW Insurance.
4.3.1
General requirements. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability
insurance for licensed professionals performing work pursuant to this
Agreement in an amount not less than ONE MILLION DOLLARS
($1,000,000) covering the licensed professionals' errors and omissions.
Consulting Services Agreement between
April 14, 2005
City of South San Francisco Redevelopment Agency
and CSS Environmental Services, Inc.
Page 5 of 15
4.4
Any deductible or self-insured retention shall not exceed $150,000 per
claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the
professional liability coverage is written on a claims-made form:
ao
The retroactive date of the policy must be shown and must be
before the date of the Agreement.
Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement
or the work, so long as commercially available at reasonable rates.
Co
If coverage is canceled or not renewed and it is not replaced with
another claims-made policy form with a retroactive date that
precedes the date of this Agreement, Consultant must provide
extended reporting coverage for a minimum of five years after
completion of the Agreement or the work. The Agency shall have
the right to exercise, at the Consultant's sole cost and expense, any
extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
do
A copy of the claim reporting requirements must be submitted to
the Agency prior to the commencement of any work under this
Agreement.
All Policies Requirements.
4.4.1 Acceptability. of insurers. All insurance required by this section is to be
placed with insurers with a Bests' rating of no less than A:VII.
4.4.2
Verification of coverage. Prior to beginning any work under this
Agreement, Consultant shall furnish Agency with complete certified
copies of all policies, including complete certified copies of all
endorsements. All copies of policies and certified endorsements shall
show the signature of a person authorized by that insurer to bind coverage
on its behalf.
4.4.3
Notice of Reduction in or Cancellation of Coverage. A certified
endorsement shall be attached to all insurance obtained pursuant to this
Agreement stating that coverage shall not be suspended, voided, canceled
by either party, or reduced in coverage or in limits, except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has
been given to the Agency. In the event that any coverage required by this
Consulting Services Agreement between
City of South San Francisco Redevelopment Agency
and CSS Environmental Services, Inc.
April 14, 2005
Page 6 of 15
4.4.4
4.4.5
4.4.6
4.4.7
section is reduced, limited, cancelled, or materially affected in any other
manner, Consultant shall provide written notice to Agency at Consultant's
earliest possible opportunity and in no case later than ten (10) working
days after Consultant is notified of the change in coverage.
Additional insured; primary, insurance. Agency and its officers,
employees, agents, and volunteers shall bc covered as additional insureds
with respect to each of the following: liability arising out of activities
performed by or on behalf of Consultant, including thc insured's general
supervision of Consultant; products and completed operations of
Consultant, as applicable; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant in
the course of providing services pursuant to this Agreement. The
coverage shall contain no special limitations on the scope of protection
afforded to Agency or its officers, employees, agents, or volunteers.
A certified endorsement must be attached to all policies stating that
coverage is primary insurance with respect to the Agency and its officers,
officials, employees and volunteers, and that no insurance or self-
insurance maintained by the Agency shall be called UPon to contribute to a
loss under the coverage.
Deductibles and Self-Insured Retentions. Consultant shall disclose to
and obtain the approval of Agency for the self-insured retentions and
deductibles before beginning any of the services or work called for by any
term of this Agreement.
During the period covered by this Agreement, only upon the prior express
written authorization of Contract Administrator, Consultant may increase
such deductibles or self-insured retentions with respect to Agency, its
officers, employees, agents, and volunteers. The Contract Administrator
may condition approval of an increase in deductible or self-insured
retention levels with a requirement that Consultant procure a bond,
guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to
each of them.
Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified
endorsements for each subcontractor. All coverages for subcontractors
shall be subject to all of the requirements stated herein.
Variation. The Agency may approve a variation in the foregoing
insurance requirements, upon a determination that the coverage, scope,
Consulting Services Agreement between
City of South San Francisco Redevelopment Agency
and CSS Environmental Services, Inc.
April 14, 2005
Page 7 of 15
limits, and forms of such insurance are either not commercially available,
or that the Agency's interests are otherwise fully protected.
4.5
Remedies. In addition to any other remedies Agency may have if Consultant fails
to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, Agency may, at its sole option exercise any
of the following remedies, which are alternatives to other remedies Agency may
have and are not the exclusive remedy for Consultant's breach:
· Obtain such insurance and deduct and retain the amount of the premiums for
such insurance fi:om any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment
that becomes due to Consultant hereunder, or both stop work and withhold
any payment, until Consultant demonstrates compliance with the requirements
hereof; and/or
· Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES.
Consultant shall indemnify, defend with counsel selected by the Agency, and hold harmless the
City and its officials, officers, employees, agents, and volunteers from and against any and all
losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal
injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or
municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct
or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts
for which they could be held strictly liable, or by the quality or character of their work. The
foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to
property, or violation of law arises wholly fi:om the gross negligence or willful misconduct of the
City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its
employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage
to property, or violation of law. It is understood that the duty of Consultant to indemnify and
hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil
Code. Acceptance by Agency of insurance certificates and endorsements required under this
Agreement does not relieve Consultant from liability under this indemnification and hold
harmless clause. This indemn/fication and hold harmless clause shall apply to any damages or
claims for damages whether or not such insurance policies shall have been determined to apply.
By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this
Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing
services under this Agreement is determined by a court of competent jurisdiction or the
California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as
an employee of City, Consultant shall indemnify, defend, and hold harmless Agency for the
Consulting Services Agreement between
City of South San Francisco Redevelopment Agency
and CSS Environmental Services, Inc.
April 14, 2005
Page 8 of 15
payment of any employee and/or employer contributions for PERS benefits on behalf of
Consultant or its employees, agents, or subcontractors, as well as for the payment of any
penalties and interest on such contributions, which would otherwise be the responsibility of
Agency.
Section 6. STATUS OF CONSULTANT.
6.1
Independent Contractor. At all times during the term of this Agreement,
Consultant shall be an independent contractor and shall not be an employee of
Agency. Agency shall have the right to control Consultant only insofar as the
results of Consultant's services rendered pursuant to this Agreement and
assignment of personnel pursuant to Subparagraph' 1.3; however, otherwise
Agency shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any
other City, state, or federal policy, rule, regulation, law, or ordinance to the
contrary, Consultant and any of its employees, agents, and subcontractors
providing services under this Agreement shall not qualify for or become entitled
to, and hereby agree to waive any and all claims to, any compensation, benefit, or
any incident of employment by Agency, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an
employee of Agency and entitlement to any contribution to be paid by Agency for
employer contributions and/or employee contributions for PERS benefits.
6.2
Consultant No Agent. Except as Agency may specify in writing, Consultant
shall have no authority, express or implied, to act on behalf of Agency in any
capacity whatsoever as an agent. Consultant shall have no authority, express or
implied, pursuant to this Agreement to bind Agency to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1
Governing Law. The laws of the State of California shall govern this
Agreement.
7.2
.Compliance with Applicable Laws. Consultant and any subcontractors shall
comply with all laws applicable to the performance of the work hereunder.
7.3
Other Governmental Regulations. To the extent that this Agreement may be
funded by fiscal assistance from another governmental entity, Consultant and any
subcontractors shall comply with all applicable rules and regulations to which
Agency is bound by the terms of such fiscal assistance program.
7.4
Licenses and Permits. Consultant represents and warrants to Agency that
Consultant and its employees, agents, and any subcontractors have all licenses,
permits, qualifications, and approvals of whatsoever nature that are legally
Consulting Services Agreement between
April 14, 2005
City of South San Francisco Redevelopment Agency
and CSS Environmental Services, Inc.
Page 9 of 15
7.5
Section 8.
8.1
8.2
required to practice their respective professions. Consultant represents and
warrants to Agency that Consultant and its employees, agents, any subcontractors
shall, at their sole cost and expense, keep in effect at all times during the term of
this Agreement any licenses, permits, and approvals that are legally required to
practice their respective professions. In addition to the foregoing, Consultant and
any subcontractors shall obtain and maintain during the term of this Agreement
valid Business Licenses from City.
Nondiscrimination and Equal Opportunity. Consultant shall not discriminate,
on the basis of a person's race, religion, color, national origin, age, physical or
mental handicap or disability, medical condition, marital status, sex, or sexual
orientation, against any employee, applicant for employment, subcontractor,
bidder for a subcontract, or participant in, recipient of, or applicant for any
services or programs provided by Consultant under this Agreement. Consultant
shall comply with all applicable federal, state, and local laws, policies, rules, and
requirements related to equal opportunity and nondiscrimination in employment,
contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive
obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract
approved by the Contract Administrator or this Agreement.
TERMINATION AND MODIFICATION.
Termination. Agency may cancel this Agreement at any time and without cause
upon written notification to Consultant.
Consultant may cancel this Agreement upon 30 days' written notice to Agency
and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for
services performed to the effective date of termination; Agency, however, may
condition payment of such compensation upon Consultant delivering to Agency
any or all documents, photographs, computer sol, are, video and audio tapes, and
other materials provided to Consultant or prepared by or for Consultant or the
Agency in connection with this Agreement.
Extension. Agency may, in its sole and exclusive discretion, extend the end date
of this Agreement beyond that provided for in Subsection 1.1. Any such
extension shall require a written amendment to this Agreement, as provided for
herein. Consultant understands and agrees that, if Agency grants such an
extension, Agency shall have no obligation to provide Consultant with
compensation beyond the maximum amount provided for in this Agreement.
Consulting Services Agreement between
City of South San Francisco Redevelopment Agency
and CSS Environmental Services, Inc.
April 14, 200b
Page 10 of 15
8.3
8.4
8.5
Similarly, unless authorized by the Contract Administrator, Agency shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses
incurred during the extension period.
8.6
Amendments. The parties may amend this Agreement only by a writing signed
by all the parties.
Section 9.
Assignment and Subcontracting. Agency and Consultant recognize and agree
that this Agreement contemplates personal performance by Consultant and is
based upon a determination of Consultant's unique personal competence,
experience, and specialized personal knowledge. Moreover, a substantial
inducement to Agency for entering into this Agreement was and is the
professional reputation and competence of Consultant. Consultant may not assign
this Agreement or any interest therein without the prior written approval of the
Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the
subcontractors noted in the proposal, without prior written approval of the
Contract Administrator.
.Survival. All obligations arising prior to the termination of this Agreement and
all provisions of this Agreement allocating liability between Agency and
Consultant shall survive the termination of this Agreement.
Options upon Breach by Consultant. If Consultant materially breaches any of
the terms of this Agreement, Agency's remedies shall include, but not be limited
to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2
Retain the plans, specifications, drawings, reports, design documents, and
any other work product prepared by Consultant pursuant to this
Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A
not finished by Consultant; or
8.6.4
Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the
amount that Agency would have paid Consultant pursuant to Section 2 if
Consultant had completed the work.
KEEPING AND STATUS OF RECORDS.
Consulting Services Agreement between
April 14, 2005
City of South San Francisco Redevelopment Agency
and CSS Environmental Services, Inc.
Page 11 of 15
9.1
9.2
9.3
Section 10
10.1
10.2
Records Created as Part of Consultant's Performance. All reports, data,
maps, models, charts, studies, surveys, photographs, memoranda, plans, studies,
specifications, records, files, or any other documents or materials, in electronic or
any other form, that Consultant prepares or obtains pursuant to this Agreement
and that relate to the matters covered hereunder shall be the property of the
Agency. Consultant hereby agrees to deliver those documents to the Agency
upon termination of the Agreement. It is understood and agreed that the
documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the
Agency and are not necessarily suitable for any future or other use. Agency and
Consultant agree that, until final approval by Agency, all data, plans,
specifications, reports and other documents are confidential and will not be
released to third parties without prior written consent of both parties unless
required by law.
Consultant's Books and Records. Consultant shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or
documents evidencing or relating to charges for services or expenditures and
disbursements charged to the Agency under this Agreement for a minimum of
three (3) years, or for any longer period required by law, from the date of final
payment to the Consultant to this Agreement.
Inspection and Audit of Records. Any records or documents that Section 9.2 of
this Agreement requires Consultant to maintain shall be made available for
inspection, audit, and/or copying at any time during regular business hours, upon
oral or written request of the Agency. Under California Government Code
Section 8546.7, if the amount of public funds expended under this Agreement
exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be
subject to the examination and audit of the State Auditor, at the request of City or
as part of any audit of the Agency, for a period of three (3) years after final
payment under the Agreement.
MISCELLANEOUS PROVISIONS.
Attorneys' Fees. Ifa party to this Agreement brings any action, including an
action for declaratory relief, to enforce or interpret the provision of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in
addition to any other relief to which that party may be entitled. The court may set
such fees in the same action or in a separate action brought for that purpose.
Venue. In the event that either party brings any action against the other under
this Agreement, the parties agree that trial of such action shall be vested
exclusively in the state courts of California in the County San Mateo or in the
United States District Court for the First District of California.
Consulting Services Agreement between
City of South San Francisco Redevelopment Agency
and CSS Environmental Services, Inc.
April 14, 2005
Page 12 of 15
10.3
10.4
10.5
10.6
10.7
Severability. If a court of competent jurisdiction finds or rules that any provision
of this Agreement is invalid, void, or unenforceable, the provisions of this
Agreement not so adjudged shall remain in full force and effect. The invalidity in
whole or in part of any provision of this Agreement shall not void or affect the
validity of any other provision of this Agreement.
No Implied Waiver of Breach. The waiver of any breach of a specific provision
of this Agreement does not constitute a waiver of any other breach of that term or
any other term of this Agreement.
Successors and Assigns. The provisions of this Agreement shall inure to the
benefit of and shall apply to and bind the successors and assigns of the parties.
Use of Recycled Products. Consultant shall prepare and submit all reports,
written studies and other printed material on recycled paper to the extent it is
available at equal or less cost than virgin paper.
Conflict of Interest. Consultant may serve other clients, but none whose
activities within the corporate limits of Agency or whose business, regardless of
location, would place Consultant in a "conflict of interest," as that term is defined
in the Political Reform Act, codified at California Government Code Section
81000 et seq.
Consultant shall not employ any Agency official in the work performed pursuant
to this Agreement. No officer or employee of Agency shall have any financial
interest in this Agreement that would violate California Government Code
Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous
twelve (12) months, an employee, agent, appointee, or official of the Agency. If
Consultant was an employee, agent, appointee, or official of the Agency in the
previous twelve months, Consultant warrants that it did not participate in any
manner in the forming of this Agreement. Consultant understands that, if this
Agreement is made in violation of Government Code § 1090 et. seq., the entire
Agreement is void and Consultant will not be entitled to any compensation for
services performed pursuant to this Agreement, including reimbursement of
expenses, and Consultant will be required to reimburse the Agency for any sums
paid to the Consultant. Consultant understands that, in addition to the foregoing,
it may be subject to criminal prosecution for a violation of Government Code §
1090 and, if applicable, will be disqualified fi.om holding public office in the State
of California.
Consulting Services Agreement between
April 14, 2005
City of South San Francisco Redevelopment Agency
and CSS Environmental Services, Inc.
Page 13 of 15
10.8
10.9
10.10
10.11
Solicitation. Consultant agrees not to solicit business at any meeting, focus
group, or interview related to this Agreement, either orally or through any written
materials.
Contract Administration. This Agreement shall be administered by
Norma Fragoso ("Contract Administrator"). All correspondence shall be directed
to or through the Contract Administrator or his or her designee.
Notices. Any written notice to Consultant shall be sent to:
Aaron N. Stessman, President
95 Belvedere Street, Ste. 2
San Rafael, CA 94901
Any written notice to City shall be sent to:
City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
Professional Seal. Where applicable in the detennination of the contract
administrator, the f'n'st page of a technical report, first page of design
specifications, and each page of construction drawings shall be stamped/sealed
and signed by the licensed professional responsible for the report/design
preparation. The stamp/seal shall be in a block entitled "Seal and Signature of
Registered Professional with report/design responsibility," as in the following
example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12
10.13
Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entke and integrated agreement
between agency and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Counterparts. This Agreement may be executed in multiple counterparts, each
of which shall be an original and all of which together shall constitute one
agreement.
Consulting Services Agreement between
City of South San Francisco Redevelopment Agency
and CSS Environmental Services, Inc.
April 14, 2005
Page 14 of 15
The Parties have executed this Agreement as of the Effective Date.
CITY OF SOUTH SAN FRANCISCO
REDEVELOPMETN AGENCY
CONSULTANT
Barry M. Nagel, Executive Director
Aaron N. Stessman, President, CSS
Attest:
Sylvia Payne, City Clerk
Approved as to Form:
Steven T. Mattas, City Attorney
207532 1
Consulting Services Agreement between
April 14, 2005
City of South San Francisco Redevelopment Agency
and CSS Environmental Services, Inc.
Page 15 of 15
EXHIBIT A
SCOPE OF SERVICES
Establish History of Parcels
Under the proposed Phase I ESA, CSS will conduct reviews of historical records. The ASTM
standards for establishing site history states that "all obvious uses of the property shall be
identified from the present, back to the property's obvious first developed use, or back to 1940,
whichever is earlier...Review of standard historical sources at less than five year intervals is not
required...if the specific use of the property appears unchanged over a period longer than five
years." The standard historical sources include historic street directories, fire insurance maps,
aerial photographs, topographic maps, zoning/land use records, property tax files, recorded land
title records, building department records and other historical sources such as may be available
from the SFPUC, PG&E, or BART. Such records maintained by the SFPUC must be made
available to the City as the prospective buyer.
Based on our experience in South San Francisco historic aerial photographs and topographic
maps provide good coverage of the Corridor. CSS presently has aerial photographs covering
portions of the Corridor from the years 1943, 1946, 1956, 1965, 1982, 1993 and 2003. We also
have topographic maps from the years 1899, 1915, 1939, 1947, 1956, 1968, 1973, and 1993 that
provide coverage of the Corridor. Sanborn fire insurance maps are not available for the entire
Corridor as there was little development of these parcels during the years that the Sanborn Fire
Insurance Company mapped South San Francisco and the vicinity in 1899, 1905, 1910, 1925,
1950, 1956, and 1970 but may be available for selected parcels. We anticipate that the historical
use information requirements of ASTM may be satisfied for the Corridor by consulting these
three standard historical sources. Examples of such records for South San Francisco are shown
on the cover of our proposal and on the page that follows. These records are reasonably
attainable, cost efficient and easily transportable: they can be shared by email with City Staff as
PDF files. Those records not already in CSS's possession can be obtained from a clearinghouse
of such records, e.g. Environmental Data Resources, Inc. (EDR), quickly and cost effectively.
In our experience, historic street directories are not reasonably obtainable and therefore should
not be pursued. CSS has not attempted to retrieve zoning/land use records, property tax files,
land title records, or building department records for the City, except as provided by the seller, as
they have not been needed to establish historic use and can be expensive or time-consuming to
obtain. The need to explore these records will be discussed with City Staff.
Consulting Services Agreement between
City of South San Francisco Redevelopment Agency
and CSS Environmental Services, Inc.
Apdl 14, 2005
Page 1 of 5
1.3 Environmental Records Review
CSS will obtain and review current standard environmental records lists to the ASTM specified
minimum search distance from the Corridor. For all Corridor parcels and neighboring parcels
with documented releases to groundwater CSS will interview the relevant government officials
and/or review reasonably ascertainable detailed environmental records as necessary from state
and local regulatory agency files and the SFPUC. CSS will begin the environmental records
review by purchasing a current list of ASTM specified environmental record lists from an
environmental records clearinghouse such as EDR. The standard environmental record sources
include the following:
1.3.1 Federal ASTM Records
ASTM specified records included in the records review are as follows:
National Priorities List (NPL) and Proposed National Priority List Sites (Proposed NPL),
subsets of CERCLIS, identifies sites for priority cleanup under the superfund program and
compiled by the EPA pursuant to CERCLA 42 USC Section 9606(a)(8)(B) for highest
priority for cleanup.
Comprehensive Environmental Response, Compensation and Liability Information Systems
(CERCLIS) sites which the EPA has investigated or is currently investigating for potential
hazardous substance contamination for possible inclusion in the National Priorities List
(NPL). CERC-NFRAP for sites that have "No Further Remedial Action Planned", and have
no outstanding contamination issues and have no need to be included on the National
Priorities List.
CORRACTS identifies waste handlers with Resource Conservation and Recovery act
(RCRA) corrective action activity.
· Emergency Response Notification System (ERNS) records and stores information of sites
with reported CERCLA hazardous substance releases or spills in quantities greater than the
reportable quantities specified in 40 CFR Parts 302 and 355.
· Resource Conservation and Recovery Information Systems (RCRIS), includes selective
information on sites that generate, transport, store, treat and/or dispose of hazardous waste as
defined by the RCRA.
1.3.2 State ASTM Records
ASTM specified California State records included in the records review are as follows:
· California Department of Toxic Substances Control (DTSC) known and potential hazardous
substance Sites (Cai-Sites), formerly ASPIS, including Annual Work Plan (AWP) sites.
Consulting Services Agreement between
April 14, 2005
City of South San Francisco Redevelopment Agency
and CSS Environmental Services, Inc.
Page 2 of 5
· California Hazardous Material Incident Report System (CHMIRS)
· CORTESE, California Environmental Protection Agency/Office of Emergency Information
database of public drinking water wells with detectable levels of contamination, sites selected
for remedial action, sites with known toxic material identified through the abandoned site
assessment program, UST release sites, and solid waste disposal facilities from which there is
known migration.
· NOTIFY 65, California State Water Resources Control Board's (SWRCB) Proposition 65
database of facility notifications about any release that could impact drinking water and
thereby expose the public to a potential health risk.
· Leaking Underground Stage Tank (LUST) information system database from the SWRCB.
· Underground Storage Tank (UST) database of registered USTs from the SWRCB.
· California Department of Health Services hazardous waste sites subject to an appropriation
of funds for cleanup under the Bond Expenditure Plan (BEP), now out of production.
· Facility Inventory Database (FID) that contains active and inactive UST locations from the
SWRCB.
· Historical UST Registered Database (HIST UST).
· Toxic Pits list of toxic pit cleanup sites.
· SWF/LF and WMUDS/SWAT Solid Waste Information System database of landfill and
waste management system sites.
· Voluntary Cleanup Program Properties (VCP)
· Underground Storage Tanks on Indian Land (INDIAN UST)
· Leaking Underground Storage Tanks on Indian Land (INDIAN LUST)
1.3.3 Non-ASTM Records
Federal and state records, not specified for inclusion by the ASTM, but included in the records
review include:
· Federal Superfund Liens (NPL Liens) imposed pursuant to CERCLA 42 USC Section
9607(1).
· SWRCB Spills, Leaks, Investigation & Cleanup Cost Recovery Listings (CA SLIC)
· HAZNET data extracted from the copies of hazardous waste manifests received each year by
the California DTSC.
· Waste Discharger System (CA WDS) operators who discharge to or operate a publicly
owned treatment works under waste discharge requirements such as the National Pollution
Discharge Elimination System (NPDES) Permits.
· Former Manufactured Gas (Coal Gas) Sites, a proprietary database of Real Property Scan,
Inc. provided exclusively to EDR.
· San Mateo County Business Inventory (BI) list includes facilities with a hazardous materials
business plan, those that generate hazardous waste, and those with USTs.
Consulting Services Agreement between
City of South San Francisco Redevelopment Agency
and CSS Environmental Services, Inc.
April 14, 2005
Page 3 of 5
Based on our experience in South San Francisco over 100 environmental record sites will be
identified in the standard records list to the ASTM-specified search distance. CSS, in
consultation with City Staff, may reduce the search distance, as allowed by ASTM, in
consideration of the distance and direction that the hazardous substances or petroleum products
are likely to migrate based on local geologic or hydrogeologic factors, to minimize the level of
effort and cost while maintaining the integrity of the Phase I ESA.
For researching specific conditions at Corridor and vicinity Leaking Underground Fuel Tank
(LUFT) sites, the most common type of significant environmental record, CSS uses the State of
California's web-based GeoTrackerTs{ system to reduce staff research time and cost while
maintaining the Phase I ESA standards. GeoTrackera'M is an on-line geographical information
system that maintains data on well locations, depth to water, contaminant concentrations and site
status for LUFT sites. CSS personnel have been trained by the State of California in the use of
GeoTrackerTM. CSS is a registered responsible party agent for a number of sites (none in South
San Francisco) and performs and submits well survey, groundwater elevation monitoring, and
the results of sampling to GeoTrackerTM.
Any environmental records held by the SFPUC regarding their Corridor properties must be
disclosed to the City. As the RFP indicates, additional records from BART and PG&E may be
reviewed. At this time it is unknown whether there are a significant number of environmental
records in the possession of the SFPUC, BART and PG&E, therefore the level of effort for these
reviews is presently unknown but will be refined in consultation with City Staff at project onset.
CSS anticipates the need for record reviews at the offices of the following regulatory agencies:
SFRWQCB in Oakland, San Mateo County Department of Health Services in San Mateo, and
the City of South San Francisco Fire Department in South San Francisco.
1.4 Corridor Description and Reconnaissance
The Site Description section of the Phase I ESA will include a legal description of the Corridor
parcels, zoning, and copies of assessor parcel maps. The usage and primary features of the
parcels, determined by Corridor reconnaissance, will be presented. Descriptions of adjoining
properties will also be included. CSS includes descriptions of the site's geologic and
hydrogeologic setting and meteorological information in the Site Description portion of our
ESAs. Specific hydrogeologic information for the Corridor vicinity will be obtained from a
clearinghouse of such records, e.g. EDR. Information on reported groundwater depths and flow
direction are included in EDR's GeoCheckTM report and this information will be useful in
evaluating the likelihood of vicinity properties with groundwater releases transporting hazardous
materials by groundwater flow to the Corridor itself.
The Corridor reconnaissance will be performed by Mr. Stessman, PE REA. The objective of the
site reconnaissance is to obtain information indicating the likelihood of identifying recognized
Consulting Services Agreement between
April 14, 2005
City of South San Francisco Redevelopment Agency
and CSS Environmental Services, Inc.
Page 4 of 5
environmental conditions in connection with the Corridor parcels. For the Corridor parcels and
adjoining properties, where possible without encroaching on private properties CSS will conduct
a site reconnaissance including: a visual inspection of the grounds, exterior and a representative
portion of the interior of any subject property structures; interviews with property managers,
tenants and the property owner; and the establishment of a photographic record of the
reconnaissance.
CSS has found that the optimal timing of the reconnaissance is as outlined here - following the
historical and environmental records review. By being informed of potential environmental
conditions in advance, the inspector can investigate suspected conditions or historical uses. At a
minimum, CSS inspects for the following indicators of the potential usage of hazardous materials
or petroleum products during site reconnaissance:
· Above ground storage tanks or underground storage tanks or vent pipes, fill pipes or access
ways indicating underground storage tanks,
· Strong, pungent or noxious odors,
· Sacks of chemicals or industrial batteries,
· Pools of liquid, lagoons, pretreatment units, impoundments, retention basins, drains or sumps
other than for storm water or irrigation water collection and/or conveyance,
· Electrical or hydraulic equipment suspected of containing PCBs,
· Stained soil or pavement,
· Areas of stressed vegetation from something other than insufficient water,
· Liquid discharges to drains, ditches or streams,
· Indications of fill or grading which suggest a trash or other solid waste disposal source,
· Hazardous substances or petroleum products in individual containers greater than 5 gallons in
volume or 50 gallons in the aggregate,
· Pools or sumps containing liquids likely to be hazardous substances or petroleum products,
· Drums of liquid,
· Unidentified substance containers,
· Sacks of chemicals or industrial batteries,
· Septic Systems, or
· Water, oil, or natural gas wells.
Consulting Services Agreement between
City of South San Francisco Redevelopment Agency
and CSS Environmental Services, Inc.
April 14, 2005
Page 5 of 5
EXHIBIT B
INSURANCE CERTIFICATES
207532 1
Consulting Services Agreement between
City of and
--Exhibit B
[DATE]
Page 1 of 1
Redevelopment Agency
Staff Report
RDA AGENDA ITEM #4
DATE:
TO:
FROM:
SUBJECT:
April 13, 2OO5
Redevelopment Agency Board
Marty Van Duyn, Assistant Executive Director
REJECTION OF ALL BIDS FOR CONSTRUCTION OF FIRE STATION 61
RECOMMENDATION
It is recommended that the Redevelopment Agency Board, by motion, reject all bids submitted
on March 29, 2005 for the construction of Fire Station 61.
BACKGROUND/DISCUSSION
The construction bidding for Fire Station 61 due on Tuesday, March 29 was completed as scheduled. An
invitation to bid was advertised in numerous publications on March 7, 2005 and March 15, 2005 and bid
packages were also placed at four county builder exchanges in Santa Clara, Contra Costa, the Peninsula and
San Francisco. Publications utilized were the San Mateo Times, Bluebook.corn (a general construction
bidding intemet site) and the City of South San Francisco's web site.
Bids were received for only seven of the 32 projects with multiple bids in some packages. The City
Engineer and the Project Architect, Pinnacle DB (PDB) concur as to why more bids were not received for
this project. The bid period was short, just two weeks, all projects were "formally" bid, requiring a bid
bond at the time of submittal and the construction industry is currently a busy one.
When comparing the bid results With our estimates, the results were mixed. The electrical bid was within
$4,000 of our estimate, while the demolition package was significantly above our estimate. After reviewing
the submitted bids, staff concluded that the submitted bids were not in the best interest of the City, and to
re-bid the entire project. Given the results of this bidding process, the consensus opinion to move forward is
as follows:
Reject all bids received on March 29, 2005 and re-bid all packages in two ways.
Bid all packages above $100,000 "formally", with a 30 day bid window and bid all packages below
$100,000 "informally".
Contact all bidders from March 29, 2005 and encourage them to participate in the next bid period.
Staff Report
Subject:
Page 2
Rejection of all bids for Construction of Fire Station 61
This process will allow PDB to work closely with their subcontractors to insure coverage of all bid
packages. PDB is willing to monitor a master bid list with three subcontractors for each package to make
sure there is adequate coverage for all 32 packages.
Staff has started the re-bidding process by publishing an advertisement of the project in the San Mateo
Times, Bluebook.com, and at the four county builders' exchanges to insure adequate notification to
contractors. Bids will be opened on Thursday, May 12, 2005 at 2 PM and will be scheduled for Agency
award on May 25, 2005.
Approved:,,'ZC~, ,¼,,
'-g~ ~V~. Nagel// ~
ExeCutive Dire oc~
AGENDA
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
REGULAR MEETING
MUNICIPAL SERVICE BUILDING
COMMUNITY ROOM
WEDNESDAY, APRIL 13, 2005
7:30 P.M.
PEOPLE OF SOUTH SAN FRANCISCO
You are invited to offer your suggestions. In order that you may know our method of conducting
Council business, we proceed as follows:
The regular meetings of the City Council are held on the second and fourth Wednesday of each month at
7:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San
Francisco, California.
Public Comment: For those wishing to address the City Council on any Agenda or non-Agendized item,
please complete a Speaker Card located at the entrance to the Council Chamber's and submit it to the
City Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public
comment. California law prevents the City Council from taking action on any item not on the Agenda
(except in emergency circumstances). Your question or problem may be referred to staff for
investigation and/or action where appropriate or the matter may be placed on a future Agenda for more
comprehensive action or a report. When your name is called, please come to the podium, state your
name and address (optional) for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES
PER SPEAKER. Thank you for your cooperation.
The City Clerk will read successively the items of business appearing on the Agenda. As she completes
reading an item, it will be ready for Council action.
RAYMOND L. GREEN
Mayor
JOSEPH A. FERNEKES
Mayor Pro Tem
RICHARD A. GARBARINO, SR.
Councilman
PEDRO GONZALEZ
Councilman
KARYL MATSUMOTO
Councilwoman
RICHARD BATTAGLIA
City Treasurer
SYLVIA M. PAYNE
City Clerk
BARRY M. NAGEL
City Manager
STEVEN T. MATTAS
City Attorney
PLEASE SILENCE CELL PHONES AND PAGERS
HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
· Proclamation: National Library Week, April 10-16, 2005 - accepted by Library Board
President Lando Baldocchi
· Update on Wet Weather Program - City Engineer Ray Razavi
AGENDA REVIEW
PUBLIC COMMENTS
ITEMS FROM COUNCIL
· Announcements
· Committee Reports
CONSENT CALENDAR
1. Motion to approve the minutes of March 23, 2005
2. Motion to confirm expense claims of April 13, 2005
o
Motion to accept the Emergency Generator Replacement and Upgrade Project at the
Corporation Yard as complete in accordance with plans and specifications
Resolution awarding bid to Cagwin & Dorward for the Common Greens Irrigation
Upgrade Project in the amount of $56,968
o
Resolution awarding contract for Wet Weather Program management services to CSG in
an amount not to exceed $542,000
o
Resolution authorizing the execution of agreement for EMS software and installation
services with ZOLL Medical Corporation, Inc., in an amount not to exceed $45,000
7. ' Motion to renew the local declaration of emergency
8. Recognition of proclamation issued: Arbor Day, April 2, 2005
PUBLIC HEARING
Consideration of approval of one year action plan, statement of objectives and projected
use of funds for the Community Development Block Grant program for fiscal year
2005-06
REGULAR CITY COUNCIL MEETING APRIL 13, 2005
AGENDA PAGE 2
10.
Consideration of appeal of Planning Commission's decision to revoke the Use Permit
(UP-96-090) for live entertainment (karaoke) at Christy's Bar & Grill, an existing
cocktail lounge at 309 Airport Boulevard, in accordance with SSFMC Section
20.91.030; Appellant: Kent Sato (continued from the meetings of March 9, and March
23, 2005)
ADMINISTRATIVE BUSINESS
11. Report on South San Francisco's participation in local hazard mitigation planning
12.
Resolution approving Pacific Coast Farmers' Market Association (PCFMA) as the
operator of a certified farmers' market in Orange Memorial Park
13. Personnel Changes:
a)
b)
Resolution approving job specification and salary placement for newly
developed Public Works Inspector classification
Waive reading and introduce an ordinance amending SSFMC Chapter 3.12,
adding Public Works Inspector
COUNCIL COMMUNITY FORUM
CLOSED SESSION
14.
Pursuant to Government Code Section 54956.9(a), conference with legal counsel, existing
litigation: Miranda v. City of South San Francisco, et al., and Hart v. City of South San
Francisco
ADJOURNMENT
REGULAR CITY COUNCIL MEETING APRIL 13, 2005
AGENDA PAGE 3
StaffReport
,4 GEND,4 ITEM'#3
DATE:
TO:
FROM:
SUBJECT:
April 13, 2005
The Honorable Mayor and City Council
Terry White, Director of Public Works
EMERGENCY GENERATOR REPLACEMENT & UPGRADE
ENGINEERING FILE PB-03-20, PROJECT NO. 51-13232-0224
RECOMMENDATION:
It is recommended that the City Council, by motion, accept the Emergency Generator
Replacement and Upgrade Project as complete in accordance with the plans and specifications.
BACKGROUND/DISCUSSION:
This project replaced the existing 50 KW diesel generator at the Corporation Yard with a new 135
KW diesel generator that was procured separately by the City. The new 135 KW generator is capable
of providing power for the entire Corporation Yard, which includes the garage that is critical in the
event of a disaster. The new generator at the Corporation Yard performed as designed during the
recent tornado when the surrounding area had no power from Pacific Gas & Electric. The existing
50 KW generator was relocated to Fire Station 64 to replace an obsolete 20 KW gasoline generator
completing the planned project.
FUNDING:
The construction was completed by O'Keeffe Mechanical at a total cost of $42,200.00. This
includes the awarded amount of $34,400.00 plus $7,800.00 to upgrade the Electrical Room to cun'ent
code requirements at Fire Station 64. There was adequate funding for the project.
B ;"x' '"'J'"~Te~Ty W hite?_~ 0"3~' Appr°ved BY: B~ Nagel
Director of Public Works City Manager
RTH/TW
G:\PROJECTS\ PB-03-20/GeneratorReplacement \astaffreportacceptance.doc
StaffReport
.4 GEND.4 ITEM #4
DATE:
TO:
FROM:
SUBJECT:
April 13, 2005
The Honorable Mayor and City Council
Ten'y White, Director of Public Works
COMMON GREENS IRRIGATION UPGRADE PROJECT
PROJECT NO. 51-13232-0321
RECOMMENDATION:
It is recommended that the City Council, adopt a resolution, to award the bid for the Common
Greens Irrigation Upgrade Project to Cagwin & Dorward of Novato, California, in the amount
of $56,968.00.
BACKGROUND/DISCUSSION:
This project will upgrade a segment of the existing irrigation piping, associated valves and hardware
in the Common Greens area that is approximately 30 years old and requires constant maintenance.
A Request for Proposals (RFP) was prepared for this project and was advertised. The city received
four responses to the RFP. The following proposals were received:
CONTRACTOR
PROPOSAL AMOUNT
Cagwin & Dorward
Novato, CA
$ 56,968.00
RMT Landscape Contractors, Inc.
San Jose, CA
$ 59,750.00
P & A Construction Company
San Francisco, CA
$ 61,100.00
Lone Star Landscape, Inc.
San Martin, CA
$ 69,623.0O
Irrigation Upgrade Estimate $ 60,000.00
,,
Staff Report
Subject: Common Greens hTigation Upgrade Project
Page 2
Staff has reviewed the qualifications and references of the lowest proposal and found them to be
satisfactory. Staff recommends that the contract be awarded to Cagwin & Dorward in the amount of
$ 56,968.00.
Replacement of the irrigation system is expected to start by May 15, 2005 and be completed by the
end of July 2005. Park Department personnel will be monitoring the irrigation upgrade activities of
the contractor.
FUNDING:
This project is included in the City of South San Francisco's 2004-2005 Capital Improvement
Program (CIP/51 - 13232-0321 ) in the amount of $75,000.00.
Terry White~
Director of Public Works
[~a'f~ ~4.~N agel ~
City Manager ',,..__
Attachments: Resolution
RTH/TW
G:\ Park Projects\CG hTigation Upgrade\awardstaffreport.doc
RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AWARDING A CONSTRUCTION CONTRACT FOR
THE COMMON GREENS IRRIGATION UPGRADE PROJECT TO
CAGX/V1N AND DORWARD IN AN AMOIINT NOT TO EXCEED
$,56,968
WHEREAS, staff recommends that the City Council award the construction contract for the
Common Greens Irrigation Upgrade Project to the lowest responsible bidder, Cagwin and Dorward
in an amount not to exceed $56,968; and
WHEREAS, the project budget is included in the City of South San Francisco's 2004-2005
Capital Improvement Program in the amount of $75,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the City Council hereby awards a construction contract for the Common Greens
Irrigation Upgrade Project to Cagwin and Dorward in an amount not to exceed $56,968.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the
contract on behalf of the City of South San Francisco.
I hereby certify that the foregoing Resolution was regularly introduced and adopted
by the City Council of the City of South San Francisco at a meeting held
on the __ day of ,2005 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
S:\Current Reso's\4-13-05award.bid.cagwin.res.doc
Staff Report
AGENDA ITEM #5
DATE: April 13, 2005
TO: Honorable Mayor and City Council
FROM: Marty Van Duyn, Assistant City Manager
SUBJECT:
CONSULTANT AGREEMENT WITH CSG, INC. FOR PROJECT AND
CONSTRUCTION MANAGEMENT SERVICES FOR THE WET
WEATHER PROGRAM
RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the City Manager to
approve an agreement with CSG Consultants, Inc. to provide project and construction
management services for the Wet Weather Program not to exceed $585,100.
BACKGROUND/DISCUS SION
The City has requested that CSG Consultants, Inc. assist the City by assessing the status, progress and
construction management of the Wet Weather program. The Wet Weather Program was initiated to
remediate a Cease and Desist Order issued by the Regional Water Quality Control Board on July 16,
1997. In response to this order, the City completed capacity improvements at the Water Quality
Control Plant and an infiltration and inflow study and master plan of recommended infrastructure
improvements, subsequently referred to as the Wet Weather Program.
The Wet Weather Program consists of five phases which include: Phase I, the primary pump stations
and force mains; Phase II, the sub-trunk sewer mains; Phase HI, Colma Creek bank protection
adjacent to the plant (completed); Phase IV, pump stations, forced main and sewer sub-trunks in the
East of 101 area; Phase V, new storm drain pump station and storm lines to serve the Lindenville
area.
To finance the Wet Weather Program improvements, the City applied for and obtained a State
Revolving Fund (SRF) loan in the amount of $45 million. Of this loan amount, approximately $18
million has been allocated for the construction of Phase I of this program. Phase I is scheduled to be
completed by October, 2005. Phase 1I is currently under review for scope and preliminary design.
Phase HI has been completed. Phase IV has been separated into four different packages currently in
final design stage. The design of Phase V is complete and undergoing environmental clearance.
CSG Consultants, Inc. has demonstrated their ability to manage major construction projects and has
proposed a team with considerable experience managing similar construction programs. Team
staffing will include a construction manager, engineers, and construction inspectors. CSG will
provide construction management and inspection services for the remainder of Phase I. For Phases
II, IV and V, CSG will provide program management, project coordination, construction
management and inspection services.
Staff Report
Subject: Consultant Agreement with CSG, Inc. for Project and Construction Management
Services
Page 2
CSG will also provide construction management and inspection services for the construction of
Pump Station No. 3 and the Swift Avenue sewer line. This portion of the project is developer funded
and fully reimbursable per the executed development agreement.
FUNDING
Funding for the agreement will be provided from the State Revolving Fund loan for the Wet Weather
program and developer contributions.
By:~_P~~ - - _~//./(~ ,,
Marty Van Duyn ~
Assistant City Mang~
City Manager
Attachments: Resolution
Consultant Agreement
RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN CSG
CONSULTANTS, INC. AND THE CITY OF SOUTH SAN FRANCISCO
TO PROVIDE PROJECT AND CONSTRUCTION MANAGEMENT
SERVICES FOR THE WET WEATHER PROGRAM IN AN AMOUNT
NOT TO EXCEED $585,100
WHEREAS, staff recommends the authorization of an agreement between CSG Consultants,
Inc. and the City of South San Francisco to provide project and construction management services
for the Wet Weather Program in an amount not to exceed $585,100; and
WHEREAS, funding for the agreement will be provided from the State Revolving Fund loan
for the Wet Weather program and developer contributions.
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 CSG Consultants, Inc. and
the City of South San Francisco to provide project and construction management services for the
Wet Weather Program in an amount not to exceed $585,100.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the
contract on behalf of the City of South San Francisco.
I hereby certify that the foregoing Resolution was regularly introduced and adopted
by the City Council of the City of South San Francisco at a meeting held
on the __ day of ,2005 by the following vote:
AYES'
NOES:
ABSTAIN:
ABSENT:
S :\Current Reso's\4-13 -05CSGconsultantss.doc
ATTEST:
City Clerk
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND
CSG CONSULTANTS, INCORPORATED
THIS AGREEMENT for consulting services is made by and between the City of South San
Francisco ("City") and CSG Consultants, Incorporated ("Consultant") (together sometimes referred to as the
"Parties") as of ,2005 (the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in Exhibit A, Scope of Services, attached hereto and
incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in
or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1
Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on March 31,2006, and Consultant shall complete the services described in Exhibit A
prior to that date, unless the term of the Agreement is otherwise terminated or extended,
as provided for in Section 8. The time provided to Consultant to complete the services
required by this Agreement shall not affect the City's right to terminate the Agreement, as
provided for in Section 8.
1.2
Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards of quality normally observed by a
competent practitioner of the profession in which Consultant is engaged in the
geographical area in which Consultant practices its profession.
1.3
Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4
Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant in a manner set forth in Exhibit
B, Payment Schedule and Standard Fees, the amount of $585,100 notwithstanding any contrary indications
that may be contained in Consultant's proposal, for services to be performed and reimbursable costs
incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's
proposal regarding the amount of compensation, the Agreement shall prevail. Exhibit B includes two
documents: 1) a Payment Schedule which provides a breakdown of fees and or resources allocated for the
tasks described in Exhibit A, and 2) a listing of the Consultant's current Standard Fees. In case of a conflict
in the hourly rates indicated, those rates shown on the Payment Schedule shall prevail. City and
Consultant mutually agree that additional resources may be allocated to particular tasks, utilizing the
classifications and rates shown on the listing of Standard Fees, provided that the total limit of compensation
is not exceeded.
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City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner
set forth herein. The payments specified below shall be the only payments from City to Consultant for
services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner
specified herein.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1
Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
· Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice,
etc.;
· The beginning and ending dates of the billing period;
· A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
· At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
· The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of the time
necessary to complete the work described in Exhibit A;
· The Consultant's signature.
2.2
Monthly Payment. City shall make payments, based on invoices received, for services
satisfactorily performed, and for authorized reimbursable costs incurred. City shall have
thirty (30) days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3
Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
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2.4
Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement, unless
the Agreement is modified pursuant to Subsection 8.3.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5
Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the payment schedule contained within Exhibit B. If, however, the
term of this Agreement extends beyond one year, mutually agreed, updated hourly rates
may be incorporated within Exhibit B upon approval of City by a properly executed change
order or amendment.
2,6
Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and shall
not exceed five hundred ($500.00) without previous written consent. Expenses not listed
in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total
amount of compensation provided under this Agreement.
2.7
Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8
Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2,9
Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
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Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and
amounts of insurance listed below against claims for injuries to persons or damages to property that may
arise from or in connection with the performance of the work hereunder by the Consultant and its agents,
representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall
provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit C, indicating that
Consultant has obtained or currently maintains insurance that meets the requirements of this section and
under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance
policies required by this section throughout the term of this Agreement. The cost of such insurance shall be
included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any
subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and
provided evidence thereof to City. Verification of the required insurance shall be submitted and made part
of this Agreement prior to execution.
4.1
Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self-insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1
General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commemial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
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4.2.3
CG 0001 or GL 0002 (most recent editions) covering comprehensive General
Liability and Insurance Services Office form number GL 0404 covering Broad
Form Comprehensive General Liability. Automobile coverage shall be at least as
broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90)
Code 8 and 9. No endorsement shall be attached limiting the coverage.
Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis·
4.3
bo
Any failure of Consultant to comply with reporting provisions of the policy
shall not affect coverage provided to City and its officers, employees,
agents, and volunteers.
Professional Liability Insurance.
4.3.1
4.3.2
General requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed
professionals' errors and omissions. Any deductible or self-insured retention shall
not exceed $150,000 per claim.
Claims-made limitations. The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
The retroactive date of the policy must be shown and must be before the
date of the Agreement.
Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
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742885v2 WWP ,~,,r ,~_~_n~
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2
Verification of coveraqe. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete certified copies of all policies, including
complete certified copies of all endorsements. All copies of policies and certified
endorsements shall show the signature of a person authorized by that insurer to
bind coverage on its behalf.
4.4.3
Notice of reduction in or cancellation of coveraqe. A certified endorsement
shall be attached to all insurance obtained pursuant to this Agreement stating that
coverage shall not be suspended, voided, canceled by either party, or reduced in
coverage or in limits, except after thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the City. In the event that any
coverage required by this section is reduced, limited, cancelled, or materially
affected in any other manner, Consultant shall provide written notice to City at
Consultant's earliest possible opportunity and in no case later than ten (10)
working days after Consultant is notified of the change in coverage.
4.4.4
Additional insured; primary insurance. City and its officers, employees, agents,
and volunteers shall be covered as additional insureds with respect to each of the
following: liability arising out of activities performed by or on behalf of Consultant,
including the insured's general supervision of Consultant; products and completed
operations of Consultant, as applicable; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant in the
course of providing services pursuant to this Agreement. The coverage shall
contain no special limitations on the scope of protection afforded to City or its
officers, employees, agents, or volunteers.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to the City and its officers, officials, employees and
volunteers, and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
4.4.5
Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant
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procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6
Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.7
Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverage, scope, limits, and forms of
such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
4,5
Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
· Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
· Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole
or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by not meeting the normal
standard in the Bay Area for the quality or character of their work or other negligent acts or omissions. The
foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or
violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers,
employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or
agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is
understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set
forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and
endorsements required under this Agreement does not relieve Consultant from liability under this
indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to
any damages or claims for damages whether or not such insurance policies shall have been determined to
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apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this
Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
c~ty.
Section 6 DISPUTE RESOLUTION. Unless otherwise mutually agreed to by the Parties, any
controversies between Consultant and City regarding the construction or application of this Agreement, and
claims arising out of this contract or its breach, shall be submitted to mediation within thirty (30) days of the
written request of one Party after the service of that request on the other Party.
6,1.
The Parties may agree on one mediator. If they cannot agree on one mediator, the Party
demanding mediation shall request that the Superior Court of San Mateo appoint a
mediator. The mediation meeting shall not exceed one day or eight (8) hours. The Parties
may agree to extend the time allowed for mediation under this Agreement.
6.2. The costs of mediation shall be borne by the Parties equally.
6.3
Section 7.
7.1
7.2
Mediation under this section is a condition precedent to filing an action in any court.
STATUS OF CONSULTANT.
Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
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agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 8. LEGAL REQUIREMENTS.
8.1 Governing Law. The laws of the State of California shall govern this Agreement.
8.2
8.3
Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
Other Governmental Requlations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
8.4
Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
8.5
Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 9. TERMINATION AND MODIFICATION.
9.1
Termination. City may cancel this Agreement at any time and without cause upon 30
days' written notification to Consultant.
Consultant may cancel this Agreement upon 30 days' written notice to City and shall
include in such notice the reasons for cancellation.
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In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
9.2
Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
Force Majeure. The time for performance of services to be rendered pursuant to this
Agreement may be extended because of any delays due to unforeseeable causes beyond
the control and without the fault or negligence of Consultant, including, but not restricted
to, acts of God or of any public enemy, acts of the government, fires, earthquakes, floods,
epidemic, quarantine restrictions, riots, strikes, and freight embargoes if Consultant shall,
within ten (10) days of the commencement of such condition, notify Contract Officer who
shall thereupon ascertain the facts and extent of any necessary delay, and extend the time
for performing services for period of enforced delay when and if Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement.
9,3
9.4
Amendments. The parties may amend this Agreement only by a written document signed
by all the parties.
Assignment and Subcontractinq. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
9.5
Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
9.6
Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall include, but not be limited to, the following:
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8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; and/or
8.6.4
Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 10. KEEPING AND STATUS OF RECORDS.
10.1
Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties unless required by law.
10.2
Consultant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three {3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
10.3
Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
'expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City, for a period of three (3) years after final
payment under the Agreement.
Section 11 MISCELLANEOUS PROVISIONS.
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11.1
Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provisions of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
11.2
Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County San Mateo or in the United States District Court for
the First District of California.
11.3
Severabilit¥. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenfomeable, the provisions of this Agreement not so
adjudged shall remain in full fome and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
11.4
No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
11.5 Successors and Assiqns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
11.6
Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
11.7
Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et. seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
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11.8
11.9
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
Contract Administration. This Agreement shall be administered by
("Contract Administrator"). All correspondence
shall be directed to or through the Contract Administrator or his or her designee.
11.10 Notices. Any written notice to Consultant shall be sent to:
Mr. Richard Mao, P.E., President
CSG, Consultants, Inc.
1700 $. Amphlett Blvd., 3rd Floor
San Mateo, CA 94402
Any written notice to City shall be sent to:
City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
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11,11 Professional Seal. Where applicable in the determination of the contract
administrator, the first page of a technical report, first page of design specifications, and
each page of construction drawings shall be stamped/sealed and signed by the licensed
professional responsible for the report/design preparation. The stamp/seal shall be in a
block entitled "Seal and Signature of Registered Professional with report/design
responsibility," as in the following example.
Seal and Signature of Registered Professional with
reporVdesign responsibility.
11.12
Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral.
11.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
The Parties have executed this Agreement as of the Effective Date.
CiTY OF SOUTH SAN FRANCISCO
CONSULTANT
Barry M. Nagel, City Manager
Attest:
Name:
Title:
Sylvia Payne, City Clerk
Approved as to Form:
Steven T. Mattas, City Attorney
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EXHIBIT A
CITY OF SOUTH SAN FRANCISCO
CSG's Professional Services to the Engineering Division
WET WEATHER PROGRAM, ANCILLARY TASKS AND STAFF AUGMENTATION*
April 157 2005 to March 317 2006
TASK No. I - W~NP PHASE I
San Mateo Ave. and Shaw Rd. Pump Stations and Force Mains,
Lowrie Ave. Intertie and Gravity Lines, Effluent Storage Pond
· Provide construction management and inspection services for the remainder of Phase I
construction.
· Provide bi-weekly status reports on critical construction issues, schedule revisions,
potential claims and unresolved CCO's.
· Monitor implementation of CEQA mitigation measures, e.g. cultural resources.
· Review Carollo Engineer's invoices and monthly progress reports.
· Work with Finance Department and WWP staff in financial anatysis of past expenditures
and tracking future expenditures, including SRF eligibility and adequacy of remaining
funds.
· Assist the City in complying with SRF requirements upon completion of the project,
including project closure audits and archiving financial documents for potential future
audits.
· Project Close Out - manage the delivery of Record Drawings, O & M manuals, and other
documents as necessary, conduct end-of-project critique.
· General coordination of ancillary consultants, including Geotech and Surveying, as
needed.
TASK No. 2 - WWP PHASE II
Airport/Linden Relief Trunk, Winston Manor Sewer Rehab, Westborough Blvd.
Subtrunk, Portola Ave. Subtrunk, Hillside Blvd. Subtrunk
· Assist the City in determining costs-to-date and tracking future expenditures.
· Assist the City in finalizing the scope of improvements.
· Assist the City in selection and management of design consultant.
· Assist the City in expediting CEQA compliance.
· Assist the City in constructability review.
· Assist the City in confirming the Engineer's Estimate and establishing the time period
allotted for construction.
TASK No. 3 - WWP PHASE III
Colma Creek Bank Stabilization at the WQCP
· Finalize project by conducting a site inspection with staff and all affected regulatory and
permitting agencies. Corrective work may be needed.
· Confirm that this phase has been removed from the SRF loan commitments.
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TASK No. 4- W~NP PHASE IV ExhibitA, P.q. 2 of 3
East of 101 Pump Stations, Force Mains, and Subtrunks
· Assist the City in management of the design, schedule and fee for the four bid packages.
· Assist the City in submittal of plans and related documents to SWRCB to secure SRF
funding.
· For Bid Package No. 1:
· Assist the City in constructability review.
· Assist the City in confirming the Engineer's Estimate and establishing the time
period allotted for construction.
· Assist the City during bidding (finalizing bid documents, addendum review, bid
analysis, etc.).
· Make recommendations on scope and timing of remaining Bid Packages to ensure
completion of critical Phase IV improvements within funding limits. Non-funded work
may be deferred.
TASK No. 5 - WWP PHASE V
Lindenville Area Storm Drainage Improvements (Main Replacements and Pump Stations)
· Assist the City in completion of the CEQA/NEPA process.
· Assist the City in establishing accounting procedures to assure SRF compliance.
· Assist the City with SWRCB submittal to secure SRF funding.
· Assist the City in constructability review.
· Assist the City in confirming the Engineer's Estimate and establishing the time period
allotted for construction.
· Review bid package compliance with CEQA, SRF and other regulatory agency
requirements.
TASK No. 6 - RECYCLED WATER PROGRAM
Completion of Study, OUtreach, Financing, Design and Construction of
Infrastructure for the Reuse of Tertiary Treated WPCP Effluent
· Assist the City in completing the required study:
· Confirming RWQCB/CDO compliance and reporting requirements
· Reviewing Draft Study and other work to date and determining remaining tasks.
· Managing consultant in finalizing agreed work product(s).
· Facilitating an update meeting with stakeholders, and preparing for Council
presentation.
After the City Engineer reports to the City Council and if further effort toward implementation
is encouraged, CSG can assist with the following Next Steps:
· Make recommendations for confirming and securing potential recycled water users.
· Assist the City in refinement of the current, study-level financial analysis and financing
alternatives.
· Establish parameters and scope for preliminary design, alternatives analysis, design and
construction of improvements.
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Exhibit A, P.q. 3 of 3
Assist City in developing strategy for meeting current and probable near-future
regulatory constraints and permit requirements.
Develop public relations / education program to allay health risk concerns and achieve
buy-in to utilization of recycled water.
TASK No. 7 - OVERALL MANAGEMENT OF THE WET WEATHER PROGRAM
Assist City staff with the following critical tasks:
· RWQCB/CDO and SWRCB/SRF compliance / reporting.
· CEQA compliance and implementation of mitigation measures.
· Determining costs-to-date and tracking of future expenditures.
· Financial analysis of past expenditures and identifying eligible and non-eligible costs.
· Establishing accounting procedures to assure compliance with SRF eligibility
requirements.
· City of San Bruno coordination: securing reimbursements, future obligations, etc.
· Managing vadousconsultant contracts.
· Prioritizing resource allocation and systematic management of identified tasks.
CSG Deliverables:
· Monthly program-level status reports for the City.
· Comprehensive Financial Summary of Past Expenditures.
· Recommendations as to further expansion of Wet Weather Program.
SWIFT AVENUE - PUMP STATION No. 3 & SANITARY SEWER REPLACEMENT
Developer Initiated Improvements - Level of services required is not yet determined
· Provide construction management and inspection services.
· Monitor CEQA compliance.
STAFF AUGMENTATION
· General work on the Wet Weather Program.
· Development Services Support.
· Miscellaneous CIP Projects.
SERVICES TO BE NEGOTIATED AT A LATER DATE · Services during bidding for Phase II.
· Construction Management and Inspection for Phase II.
· Construction Management and Inspection for Phase IV- Bid Package No. 1.
· Services during bidding for Phase V.
· Construction Management and Inspection for Phase V.
*NOTE: As mutually agreed, CSG shall be held harmless from all liability for any work done, or services provided
prior to this engagement, or by others, including City staff. It is also understood that CSG will not be
primarily engaged in production design work.
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EXHIBIT B-1 Payment Schedule
City of South San Francisco - Wet Weather Program
Projected Budget - April 15th to December, 2005
(approx. eight months)
Hours per Total
Level of Total
Rate/hr mo. Hours
Work Billing
168 (rounded)
0~11
Principal Engineer (Kianpour) $160 1/5 Time 33.6 270 $43,200
Senior Engineer (Luck) $125 2/5 Time 67.2 540 $67,500
Assistant Engineer (Aguinaldo) $80 Full Time 168.0 1340 $107,200
Program Management Subtotal $217,900
Const. Inspector (As Assigned) 130
Construction Management & Inspection Subtotal
$87,100
$143,95O
$123,800
$12,35O
$367,200
Total WWP Staffing $585,100
Notes
1) Projected budget does not include a supplement for overtime, except as noted below.
*2) 5% has been added to these assignments for contractor's extended hours and/or accelerated schedule.
*3) Reimbursable costs, estimated at $13,950, are included in these totals.
4) As additional services are requested, the projected time frame for coverage within this budget may be decreased.
,
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EXHISITC
INSURANCE CERTIFICATES
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EXHIBIT B - 2
STANDARD FEES for
ENGINEERING and
PROFESSIONAL SERVICES
Principal Engineer
Principal Financial Analyst
Principal Planner
Senior Engineer
Senior Architect
Senior Project Manager
Associate Engineer
Associate Architect
Senior Planner
Assistant Engineer
Technical Writer
Design Supervisor
Senior CAD Designer
CAD Designer
Engineering Technician
Senior Building Inspector
Senior Construction Inspector
Construction Inspector
Administrative Support
Land Surveyors - 2-person crew
Hourly Rates
$160.00
$150.00
$130.00
$130.00
$125.00
$125.00
$115.00
$115.00
$115.00
$ 95.00
$ 95.00
$ 95.00
$ 85.00
$ 65.00
$ 65.00
$ 95.00
$ 95.00
$ 75.00
$ 65.00
$185.00
Additional Costs
Reproduction: Cost + 15%
Other Items: Cost + 15%
Mileage: $.50/mile
EFFECTIVE: 3/15/05
Exhibit B-2 Std Fees 3-15-05
ITEM #6 1~
DATE: April 13, 2005
TO:
The Honorable Mayor and City Council
FROM: Philip White, Fire Chief
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT FOR EMS RECORDS MANAGEMENT AND BILLING
SOFTWARE WITH ZOLL MEDICAL CORPORATION, INC. NOT TO EXCEED
$45,000.
RECOMMENDATION
It is recommended the City Council adopt a resolution authorizing the City Manager to
execute a contract for EMS Records Management and billing software and installation
services with Zoll Medical Corporation, Inc. not to exceed $45,000.
BACKGROUND/DISCUSSION
The Fire Department desires to implement a plan that would automate the collection and
dissemination of information related to electronic patient care reports. Electronic patient care
reporting is essential in providing efficient and accurate patient care and information reporting in
the prehospital setting. The Fire Department's patient care records are currently on paper and are
cumbersome to manage. The system we are recommending would improve the effectiveness of
quality assurance activities for medical calls and seamlessly integrate with the billing process.
Implementation of this system would also bring us into compliance with new Federal, State and
local EMS data collection and reporting requirements. This software will also allow us to meet the
requirements for electronically submitting bills to Medicare, Medi-Cal, and other insurance carders
while being compliant with the Health Insurance Portability and Accountability Act commonly
known as HIPAA. Electronic billing reduces transcription errors by being linked to the patient care
report. It will decrease the number of claims that are denied resulting in improved cash flow for the
services billed. The proposed system includes billing software which has the flexibility to easily
and quickly update fee schedules when Federal and State regulations are modified.
Staff Report
To: Honorable Mayor and City Council
Re: EMS Records Management & Billing Software
Date: April 13, 2005
Pg. 2 of 2
Zoll Medical Corporation, Inc. also offers a software module for ambulance dispatching that fully
integrates with its patient care and billing modules. While at this time the Department is not looking
at purchasing the dispatch module, we need to ensure that in the future we have a software package
which allows for the addition of this module as the use of our BLS ambulance increases.
Fire Department staff carefully reviewed available software packages in the market place including
Medtroniz, MEDS, and Pinpoint Technologies. Staff conducted tests of potential software during
demonstrations. Zoll Medical Corporation, Inc. is the only vendor offering a fully integrated solution
for all parts of the EMS system in one package including dispatching, electronic patient care
reporting, and billing. In addition, a representative of SSFFD was sent to Mount Gilead, Ohio to
evaluate the performance of the Zoll software. Mount Gilead has an EMS service with a similar call
volume as South San Francisco. Upon careful review, the Zoll package is the only software that fully
meets the needs of our department, and we recommend a sole source procurement of this software
from Zoll Medical Corporation, Inc. Per MC 4.04.080(a), sole source procurement is allowed "when
the commodity can only be obtained from one vendor".
FUNDING
Funding for this project, $45,000.00, is included in the City of South San Francisco's 2004-2005
budget.
By:
Philip D. 'White
Fire Chief
Approved by~-<~ ~, ,, t- .
Nag-- e ......
City Manager
ATTACHMENT: Resolution
RESOLUTION NO.
CiTY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN
ZOLL MEDICAL CORPORATION, INC. AND THE CITY OF SOUTH
SAN FRANCISCO FOR EMS RECORDS MANAGEMENT AND
BILLING SOFTWARE AND INSTALLATION SERVICES IN AN
AMOUNT NOT TO EXCEED $45,000
WHEREAS, staff recommends the authorization of an agreement between Zoll Medical
Corporation, Inc. and the City of South San Francisco for EMS Records Management and billing
software and installation services in an mount not to exceed $45,000; and
WHEREAS, Zoll Medical Corporation, Inc. is the only provider of the software and services
required; and
WHEREAS, funding for this project is included in the City of South San Francisco's 2004-
2005 Operating Program budget.
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 Zoll Medical Corporation,
Inc. and the City of South San Francisco for EMS Records Management and billing software and
installation services in an amount not to exceed $45,000.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the
agreement on behalf of the City of South San Francisco.
* * * * * *
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
City Council of the City of South San Francisco at a meeting held on the
__ day of ,2005 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
S:\Current Reso's\4-13-05agree.zoll.medical.res.doc
ATTEST:
City Clerk
AGENDA ITEM #7
DATE:
TO:
FROM:
SUBJECT:
April 13, 2005
Honorable Mayor and City Council
Susan Kennedy, Assistant to the City Manager
MOTION TO RENEW THE LOCAL DECLARATION OF EMERGENCY
RECOMMENDATION
It is recommended the City Council, by motion, renew the local declaration of emergency
caused by tornado damage on March 20, 2005.
BACKGROUND/DIS CUS SION
In an effort to allow ongoing review of existing conditions submitted to the State of California's Office
of Emergency Services, it is necessary for Council to renew the local declaration of emergency. The
initial declaration will continue to be reviewed and evaluated by Staff and renewed as appropriate by the
City Council, or the Director of Emergency Services.
By: ~ ·
Susan E. Ke,nn~
Assistant to the City Manager
~-y ~. Nag~l( City Manager
StaffReport
AGENDA ITEM #9
DATE: April 13, 2005
TO: Honorable Mayor and City Council
FROM: Marty Van Duyn, Assistant City Manager
SUBJECT:
ONE YEAR ACTION PLAN AND STATEMENT OF OBJECTIVES AND
PROJECTED USE OF FUNDS FOR TIlE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR FISCAL
YEAR 2005-06.
RECOMMENDATION:
It is recommended that City Council adopt the attached Resolution authorizing submittal
of the City's One Year Action Plan and Statement of Objectives and Projected Use of
Funds for Fiscal Year 2005-06 and all required documents to the Department of Housing
and Urban Development; authorizing a budget transfer to incorporate the CDBG and
HOME funds into the 2005-06 operating budget; and authorizing the City Manger to
execute all documents necessary to secure and award CDBG, HOME Administrative and
Redevelopment funds for the City.
BACKGROUND/DISCUSSION:
This is the final required public hearing regarding funding allocations for the 2005-2006
Community Development Block Grant Program. The purpose is to obtain public comments
regarding the proposed One Year Action Plan for 2005-06; and the Statement of Objectives and
Projected Use of Funds for the Community Development Block Grant Program. Notice of this
public hearing was published in the San Mateo Times on April 2, 2005 as required by federal
regulations. In addition, notices were mailed to all community organizations that have submitted
applications for funding. The availability of the One Year Action Plan for FY 2005-06 was also
published in the San Mateo Times on March 12, 2005.
The CDBG Entitlement amount for next fiscal year is $686,877 representing a significant
reduction of sixty five thousand dollars ($65,000) kom last year's allocation. There is an
additional amount of approximately $95,000 in program income that is expected to be received
and may be added to the entitlement amount for a total CDBG allocation of $781,877. There is a
federal spending limit for public service activities limited to fifteen percent (15%) of the
entitlement amount plus fifteen percent of the program income. Therefore, a total of $116,700
Staff Report
To: Honorable Mayor and City Council
Subject: One Year Action Plan for Community Development Block Grant Program
Date: April 13, 2005
Page 2
may be allocated for public service activities and a total of $155,875 may be allocated for
program administration activities, which has a spending limit of twenty percent (20%).
CDBG SUBCOMMITTEE PRELIMINARY FUNDING RECOMMENDATIONS:
The CDBG Subcommittee reviewed applications for funding, individual agency program
accomplishments and general parameters and priorities for funding based on an assessment of the
most critical community needs. Those critical needs were established by City Council in the
City's Five Year Consolidated Housing, Economic and Community Development Plan in fiscal
year 2003-04. The proposed 2005-06 Annual Plan is the third year of the Five Year Plan adopted
in 2003.
The attached spreadsheet labeled Exhibit "A", Community Development Block Grant Funding
Recommendations Fiscal Year 2005-06, provides the allocation amounts proposed for each
agency or project. The numeric column on the fight side of the spreadsheet indicates the
proposed funding levels provided to each CDBG applicant and published in the San Mateo
Times on April 2, 2005. This evening, City Council has the opportunity to revise the funding
levels at its discretion or accept the recommendations, in whole or in part.
The Subcom_mittee was required to recommend reduced funding by four thousand dollars
($4,000) for social service activities fi-om last year's funding level based on the cut in the City's
Entitlement amount. For that reason, it was not possible to fund activities for new applicants or
to increase funding levels from the current year. Four projects received reduced allocations from
their current year's funding level due to federal spending limitations which lowered the funds
available for social service activities.
ADA Modifications:
In fiscal year 2004-05 the City's One Year Action Plan indicated funds would be used as
available to undertake disabled access modification for public facilities. Recent ADA
requirements to make modifications to the Orange Avenue Library and Orange Park will
necessitate significant dollars to install new ramps and walkways for the Library and to repair the
elevator. Additionally, the park will need new accessible play equipment and walkways. The
CDBG program has approximately $50,000 available from the current fiscal year of undesignated
funds that are proposed to be made available to assist with the costs of the ADA required
improvements for greater accessibility to those facilities. The funds proposed to be expended for
this purpose do not require formal City Council action this evening; however, staff thought City
Staff Report
To: Honorable Mayor and City Council
Subject: One Year Action Plan for Community Development Block Grant Program
Date: April 13, 2005
Page 3
Council would like to be aware the improvements are being undertaken and the current years'
CDBG funds will be used for this purpose. In addition, funds will be allocated to further ADA
improvements in Fiscal Year 2005-06, as more dollars become available through program
income or if funds currently targeted for the 2004-05 First Time Home Buyer Program are not
expended quickly, those dollars may be shifted in an amount up to $50,000 to assist with
completion of ADA work that is currently underway.
This notification furthers the City's intent of keeping residents informed regarding the manner in
which CDBG funds are used to help improve overall access to city facilities for the disabled
community. Staff must undertake an environmental review process as required by federal
regulation. If all federal requirements can be met in a timely manner, approximately $50,000 in
2004-05 CDBG funds will be expended as indicated during the month of April. Please note that
the proposed funds cannot be used for public service activities but must only be used for
rehabilitation activities.
CONCLUSION:
This year, the HOME Investment Partnership Program provided the City with administrative
funds in the amount of $18,000. HOME funds are usually allocated to undertake fair housing
activities as designated by the City Council to continue funding for Project Sentinel and La Raza
Centro Legal. This year the amount of funds available to the City was reduced by $3,000, thus
corresponding cuts have been recommended for both agencies. These HOME Administrative
funds will be incorporated into the CDBG budget by City Council action this evening, allowing
them to be received and expended in fiscal year 2005-06.
In order to maximize the use of CDBG funds, the City has traditionally allocated Redevelopment
Agency Housing Fund dollars to housing related activities such as emergency shelter programs
can-ied out by community agencies. Requests for Proposals are received via the CDBG process
and those funds are made available to specific projects that qualify under redevelopment
eligibility requirements. The Redevelopment Agency has funded Family Crossroads and Maple
Street Shelters, operated by Shelter Network, and the Human Investment Shared Housing Project
for thirteen years. The Safe Harbor Homeless Shelter was also placed in this category for funding
purposes, as of fiscal year 2002-03. It is recommended that redevelopment funds continue to be
allocated for those agencies to continue their housing efforts with homeless and at risk
individuals and families. The redevelopment agency funds will be authorized for expenditure in
fiscal year 2005-06 by City Council action this evening.
StaffReport
To: Honorable Mayor and City Council
Subject: One Year Action Plan for Community Development Block Grant Program
Date: April 13, 2005
Page 4
Two additional activities are eligible in this redevelopment category: Sitike Counseling Center
and La Raza's Code Enforcement Program. The CDBG Subcommittee is recommending funding
this year for both programs with limited redevelopment agency funds.
It is recommended that City Council adopt the attached Resolution authorizing submittal to HUD
of the City's One Year Action Plan for Housing, Economic and Community Development for
fiscal year 2005-06; and authorize the City Manager to execute all documents necessary to secure
and award CDBG, HOME Administrative and Redevelopment funds for the City.
Assistant City Manager
",._ '~,~1~ ~___~, 1{/I. Nagel C, lty Manager
Attachments: Resolution
Exhibit "A"
Exhibit "B"
CDBG Funding Recommendations FY 2005-06
One Year Action Plan
RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING SUBM1TI'AL OFTHE CITY'S ONE
YEAR ACTION PLAN AND STATEMENT OF OBJECTIVES AND
PROJECTED USE OF FUNDS FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR FISCAL
YEAR 2005-06
WHEREAS, staff recommends authorization of the submittal to HUD the City's One Year
Action Plan for Housing, Economic and Community Development for Fiscal Year 2005-06.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the City Council hereby authorizes submittal of the City's One Year Action Plan and
Statement of Objectives and Projected Use of Ftmds for Fiscal Year 2005-06 and all required
documents to the Department of Housing and Urban Development and authorizes a budget transfer to
incorporate the CDBG and HOME funds into the 2005-06 operating budget.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute all
documents necessary to secure and award CDBG, HOME Administrative and Redevelopment funds
for the City.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
City Cotmcil of the City of South San Francisco at a meeting held on the
~ day of ,2005 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
S:\Current Reso's~4-13 -05one.year.action.plan.res.doc
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FUNDING RECOMMENDATIONS FISCAL YEAR 2005-06
Total
Funding
03-04
Total
Funding
04-05
Fund
Request
05-06
CDBG Sub
Committee
Recommends
05-06
1. Child Care Coordinating Council 5 000 5,000 I 6,000 4,000 1
................................................................... L .......... ,_ ..... , .............. ,,. ................ ., ................... ,,- .........................................
_ _ _ ~ _ _ _c_ Lty:_s_ p_o_ _ri_s_ _o_r_e~ _ _C_h_ ~ _~_ _C_a_r_e- .................................... j_o_,2_o_o- ...... ] _0_,_0_ _0_0_ _L ....... j_-O_,-O_o_-O ............. ].0_,_0_ _0.0_ _L .........................................
_ _ _ ~: _ _F_rj _e.n_ _al_s_ _t_o_ _P_ _a_r_e_ _n t _s_ ............................................... _5_ ,_0_ _0_0_ ........ _5_,_0_-O_0_ _; ......... _9_,_O_O__O_ ............ _4_,_0__O_0_ _; .........................................
4. Ohildren's Center (SSFUSD) 3,000 3,000 i 3,000 2,000 1
Sub Total, 23,000, 23,000, 28,000
.... 1_ _. _Cj t_ y_: _S_ p_ ?_n. _s_o_r_e_ _d_ _A_ _d_u_l_t_ _D.a_ .y_ _C_ _a_r.e_ ......................... L ....... _2_0_,_0_ _0_0_ ....... 1_9_,_0_ -O_o_ ......... _1_ _9. -O_o_-O ............ 1_9_,_0__O_0_ ...........................................
2. Second Harvest Food Bank I 5,500 4,000 4,200 4,000
3. Ombudsman Program of San Mateo County - 1,700 5,000 1 700 1
Sub Totall 25,500 24,700 !
] _. _ _N_e_ i ~ _h_b_ _o_r_h_o_o_d_ _S_e_E lc_ _e_s_ _C_ t r ._(_N_ _P_~ ~ .................. [ ....... _~.5_ ,.-O_0.0_ ....... _2_4_,_0__O.0_., ........ _2__5_,_O_0__O ............ _2_4_,_0__O_0__L .........................................
2. The Tooth Mobile i 15,000, 14,000 i- 15,000, 14,000 L
Sub Totall 46,000 44,000 46,000 ' 44,000
1. CORA (Ctr. for Domestic Violence Prevention) I 5,000 ~ 4,000; 13,000 4,000
Sub Total 10,000 9,000 18,000 9,000
1. ELLIPSE Peninsula AIDS Services i 4,000 i 4,000 i 6,000 i 4,000 1
....................... [ ........ ...... ....... ........... ............ ' ............................
: i i i :
Sub Total, 9,000I 81000 ' 16 000 ' 8 000 '
1. John's Closet ~ 3,000 ~ 3,000 5,000 I 3,000 1
2. Family Alternatives (NPFA) , 9,000 I 9,000 9,000 1
................................................................... : I i 8,000 i
Sub Totali 12,000 ~ 12,000 14,000 [ 11,000 [ ..........................................
I i i i
Sub Total Public Se~icei 125,500 ~ 120,700[ 150 2001 116,700[
EXHIBIT A
Total
Funding
03-04
Total
Funding
04-05
Fund
Request
05-06
CDBG Sub
Committee
Recommends
05-06
4. City-Sponsored Housina Proarams I 346,454 346,454 310,802
5. City-Sponsored Commercial , 175,000 175,000 175,000
Sub Total Housing, Comm. & Pub. Fac. Allocations 23,500 544,954 568,954 509,302
1. CDBG Program Administration i 149,400; 137,375 i 155,875
Sub Total Administration,
1. La Raza Centro Legal ! 17,500
2. Project Sentinel 5,000
......................................... __T?_t_a__l __H_ _O_~__E_ .P_ r _o_~ _r_a_ _m_ I ....... _2_2_ .5__0_0_ _
...... j _5_,.o_g.o_ ......... j_ _5_, _o_o_ g_ i .......... L4_,_4_ _7_5_ ...........................................
3,525 ~6,000 j 3,525 ,
...... j_s_,.5__2.5_ ......... ?_ L g_o_ _o_ ,,, .......... ~_ .8_,.0__0_0_ ...........................................
.... _2___.S._h_eJ_t_e.r_.N__e~_o_r_k_Z__qr_o__~_s_r_o__a_d__s .......................... , ....... j_4_,_0_9_0- ...... J ~,_0__0_0_ ......... J__~_,_o_o__o_ ........... J_~_,_o__o.o__, .........................................
3. Shelter Network - Maple Street 7,500 7 500 7 500 7,500
.................................................................... ~. ................ ~. ........ '.; ..... ~. .......... - ..... ., ................... ,
.... _4_ _ _ _s_ _a_m_ _a_ rjt _a_n_ __H_o__u_s.e__: _S_ _a_f.e_ .H__a_r_b__of_ ................................ _7__ ,_0_ _0_0_ ........ _7_,_0_ _0_0_ ........... _7_,_o29- ~' ........... .7_,_o_ _o_o_ ...........................................
.... _5.-.L__a_.R__a.z.9._C__e_n_tEg_L__e_g.a.l.(g.o__d_e__E_~f~?_~?&~9~:~ ............. _2. ,_0_ _0_0_ ........ _5_,_0_ _0_0_ ........... _5,g_O_g_ ] ........... _5_,_0_ g.O_ ...........................................
6. Sitike Counseling Center 5,000 5,000 5,000 I ~0,300 , _
.................................................................... I ~ .........................................
lotal Redevelopment Funds 58,000 65,000 70,300 i 70,300 I
C)
EXHIBIT A
05-06
FUNDS
AVAILABLE
$686,877
05-06
FUNDS
ALLOCATED
CDBG EN ~ LEMENT AMOUNT $686,877
CDBG PROGRAM INCOME $95,000 $95,000
TOTAL CDBG FUNDS $781,877
TOTAL HOME FUNDS $18,000
TOTAL REDEVELOPMENT FUNDS $70,300
$781,87~7
$70,300
TOTAL FUNDS ALL SOURCES 05-061 $870,177 $870,177t
EXHIBIT A
EXHIBIT B
0 0 0 0 0 4
CITY SOUTH SAN FRANCISCO, CA
PY2005-06 ACTION PLAN
Date: 4/1/2005 1:49 PM
Nat 2005 Prop
Year PID Project Name LocationType Address Description Obi MTX Reg_Cit Budget Proposed Type Units
CHILD CARE Community 700 SOUTH CLAREMONT STREET, SUITE 107; SAN RESPITE CHILDCARE PROGRAM PROVIDING 01 - PEOPLE
REFERRALS AND SUBSIDIES FOR LOW-INCOME LMC '05L 570.201(e) $4,000 4
200~I 1 COORDINATING Wide MATEO,CA 94402 (GENEP-~L)
COUNCIL FAMILIES IN EMERGENCY SITUATIONS.
PROGRAM AUGMENTS EXISTING CENTER BASED
CITY-SPONSORED Community 601 SPRUCE STREET; SOUTH SAN FRANCISCO CHILD CARE SERVICES OFFERED BY PROVIDING LMC '05L 570.201(e) $10,000 01 - PEOPLE
20051 2 CHILD CARE Wide ,CA 94080 SUBSIDY TO LOW- AND MODERATE-INCOME (GENERAL) 15
FAMILIES TO ASSIST WITH THE MONTHLY FEES.
ON GOING DAY CARE SERVICES IN CENTER-BASED
FACILITY FOR INFANTS AND PRE-SCHOOL 01 - PEOPLE
Community 2525 WEXFORD AVENUE; SOUTH SAN FRANCISCO CHILDREN. PROVIDES SUBHSIDIES TO LOW INCOME LMC '05L 570.201(e) $4,000 (GENERAL) ~2
2005 3 FRIENDS TO PARENTS Wide CA 94080 FAMILIES TO ASSIST WITH MONTHLY COSTS OF
PROGRAM.
CHILD CARE PROGRAM FOR LOW-INCOME PARENTS.
SSFUSD CHILDREN'S Community 530 TAMARACK LANE; SOUTH SAN FRANCISCO CDBG FUNDS PROVIDES TRANSPORTATION, LMC '05L 570.201(e) $2,000 01 - PEOPLE
2005 4 CENTER Wide .CA 94080 SNACKS, AND ADMISSION FEES FOR FIELD TRIPS (GENERAL) 165
ORGANIZED FOR THE CHILDREN.
PROGRAM OFFERS DAY CARE SERVICES TO FRAIL,
CITY SPONSORED Community 601 GRAND AVENUE; SOUTH SAN FRANCISCO ,CA :CHRONICALLY IMPAIRED AND ELDERLY SENIORS 01 - PEOPLE
2005 5 LMC '05A 570.201(e) $19,000 50
ADULT DAY CARE Wide 94080 INCLUDING SOCIAL, EDUCATIONAL, & RECREATIONAL (GENERAL)
ACTIVITIES. HOT LUNCH & SNACKS ARE PROVIDED.
FOOD BANK PROVIDES WEEKLY GROCERY BAGS TO
SECOND HARVEST Community 601 GRAND AVENUE; SOUTH SAN FRANCISCO ,CA ~ENIORS CONTAINING STAPLES, CANNED FOOD, LMC '05A 570.201(e) $4,000 01 - PEOPLE
2005 6 FOOD BANK Wide .94080 BREAD, PASTA, SEASONAL ITEMS, AND FRUIT TO (GENERAL) 260
LOW-INCOME SENIORS.
Community 1300 PIEDMONT AVENUE, SUITE 425 SAN PROVIDES MONITORING OF ADULT-CARE FACILITIES & LMC '0SA 570.201(e) $1,700 01 -
OMBUDSMAN
PEOPLE
2005 7 PROGRAM OF SAN Wide BRUNO,CA 94066 REPORTING OF ABUSES AND NEGLIENCE. (GENERAL) J0
MATEO COUNTY
NEIGHBORHOOD CORE SERVICE AGENCY FOR THE COUNTY OF SAN
2005 8 SERVICES CENTER Community 600 LINDEN AVENUE; SOUTH SAN FRANCISCO ,CA MATEO. PROVIDES A MYRIAD OF SOCIAL SERVICES 01 - PEOPLE
Wide 94080 INCLUDING EMERGENCY FOOD, CRISIS COUNSELING, LMC '05 570.201(e) $24,000 (GENERAL) 915
NPNSC) HOUSING ASSISTANCE, AND EMPLOYMENT SERVICES.
FULLLY EQUIPPED DENTAL OFFICE IN A MOBILE
2005 9 THE TOOTH MOBILE Community CITYWlDE 400 GRAND AVENUE; SOUTH SAN TRAILER WORKS WITH FAMILLIES ON TRACK LMC '05M 570.201(e) $14,000 01 - PEOPLE 280
Wide FRANCISCO ,CA 94080 PROGRAM TO PROVIDE DENTAL CARE TO THE FOOD (GENERAL)
PARTICIPANTS ON SITE.
1 of 3
SOUTH SAN FRANCISCO PY2005-06 ACTION PLANI.xls
CITY SOUTH SAN FRANCISCO, CA
PY2005-06 ACTION PLAN
Date: 4/1/2005 1:49 PM
Location Nat 200'~ Proposed Type Prop
Year PlO Project Name Type Address Description Obi MTX Reg_Cit Budge! Units
PROJECT PROVIDES TUTORS TO TEACH PEOPLE 16
PROJECT READ - WEST Community 840 WEST ORANGE AVENUE; SOUTH SAN YEARS OF AGE AND OLDER HOW TO READ AND LMC '05 570.201(e) $6,000 01 - PEOPLE
200~ 10 ORANGE LIBRARY Wide FRANCISCO ,CA 94080 WRITE. THE PROGRAM TRAINS PEOPLE FROM THE (GENERAL) 40
COMMUNITY TO BE TUTORS.
RESIDENTIAL SHELTER FOR DOMESTIC VIOLENCE
SURVIVORS & THEIR CHILDREN INCLUDING AN ARRAY 01 - PEOPLE
CORA (CTR. FOR Community P.O. BOX5090; SAN MATEO,CA 94402 LMC '05G 570.201(e) $4,00(~ 7
:200-~ 11 DOMESTIC VIOLENCE Wide OF SOCIAL SERVICES TO ASSIST WITH THEIR (GENERAL)
PREVENTION) TRANSITION TO LIVING INDEPENDENTLY.
THIS IS THE ONLY COUNTY AGENCY PROVIDING
F~,PE TRAUMA Community 1860 EL CAMINO RE~L, SUITE 302; SEXUAL ASSAULT COUNSELING SERVICES AND 01 - PEOPLE
200.~ 12 SERVICES CENTER Wide IBURLINGAME,CA 94080 SUPPORTIVE SERVICES FOR SEXUAL ASSAULT LMC '05 570.201(e) $5,000 (GENERAL) -~
SURVIVORS.
PROVIDES IN HOME SUPPORT SERVICES TO PERSON~
DIAGNOSED AS HIV POSITIVE INCLUDING 01 ~ PEOPLE
2005 13 ~,IDsELLIPSEsERVIcEsPENINSULA CommunitYWide 173 SOUTH BLVD.; SAN MATEO,CA 94080 HOUSINGCOUNSELING'AsSISTANcE,EMERGENCYANDFOODsuPPoRTSUPPLEMENTS'FoR FAMILY LMC '03T 570.201(e) $4,00G (GENERAL) 15
MEMBERS.
PROVIDES SUPPORT, iNFORMATION, REFERRALS,
PARCA SUPPORT Community 1750 EL CAMINO REAL, #105; BURLINGAME,CA OUTREACH, OUTREACH, ADVOCACY, AND
RECREATIONAL OPPORTUNITIES TO INDIVIDUALS LMC '05 570.201(e) $4,00G 01 - PEOPLE
2005 14 SERVICES PROGRAM Wide 94010 WITH DEVELOPMENTAL DiSABILITiES AND THEIR (GENERAL) 5
FAMILIES.
PROVIDES NEW CLOTHING TO LOW-INCOME SCHOOL
2005 15 JOHN'S CLOSET Community 700 STEWART STREET; DALY CITY,CA 94015 AGE CHILDREN OF THE NEIGHBORHOOD STRATEGY LMC '05 570.201(e) $3,000 01 - PEOPLE
Wide AREA. (GENERAL) 130
NORTH PENINSULA COUNSELING SERVICES TO LOW-INCOME PARENTS &
Community 501 SPRUCE AVENUE; SOUTH SAN FRANCISCO YOUTH ON ISSUES OF SCHOOL PERFORMANCE, 01 - PEOPLE
2005 16 FAMILY ALTERNATIVES Wide ,CA 94080 SUBSTANCES ABUSE, GANG ACTIVITIES, & LMC '05 570.201(e) $8,00C (GENERAL)
[NPFA) REFERRALS TO SOCIAL SERVICES AS NEEDED.
TOTAL PUBLIC SERVICE ACTIVITES: $116,700
HOUSING ACCESSIBILITY MODIFICATIONS FOR LOW-
C.I.D. HOUSING Community INCOME PEOPLE TO ENABLE DISABLED RESIDENTS 10 - HOUSING
2005 17 &CCESS Wide B75 O'NEIL; BELMONT,CA 94002 TO STAY IN THEIR HOMES IN A SAFE AND ACCESSIBLE LMH '14A 570.202 $15,000 UNITS 30
ENVIRONMENT.
REHABILITATE HOMES OF LOW-INCOME HOME
OWNERS USING ALL VOLLUNTEER LABOR INCLUDING
2005 18 TOGETHERREBUILDINGpENINSULA CommunityWide sANCOMMUNITYFRANCIscoWIDE, cA40094080GRAND AVENUE; SOUTH REPAIRS OF PLLUMBING, ROOFS, ELECTRICAL LMH '14A 570.202 $8,500 10 - UNITsHOUSING 3
SYSTEMS, HEATING SYSTEMS, & DISABLED ACCESS
MODIFICATIONS.
(~' 2 of 3 SOUTH SAN FRANCISCO PY2005-06 ACTION PLAN1 .xls
CITY SOUTH SAN FRANCISCO, CA
PY2005-06 ACTION PLAN
Date: 4/t/2005 1:49 PM
Nat 2005 Prop
Year PID Project Name Location Address Description Obi MTX Reg_Cit Budget Proposed Type Units
Type
PROGRAM OFFERS A VARIETY OF REHAB SERVICES
CITY-SPONSORED Community COMMUNITY WiDE 400 GRAND AVENUE; SOUTH TO THE COMMUNITY, INCLUDING LOW-INTERESST LMH '14A 570.202 $310,802 10 - HOUSING 75
2005 19 HOUSING Wide SAN FRANCISCO ,CA 94080 LOANS FOR HOMEOWNERS TO BRING THEIR HOUSING UNITS
REHABILITATION UNIT UP TO CODE. MAY INCLUDE ACQUISITION.
COMMERCIAL REVITALIZATION PROGRAM ASSISSTS
CITY-SPONSORED Census HISTORIC DOWNTOWN DISTRICT; 400 GRAND ~PROPERTY OWNERS IN THE HISTORIC DOWNTOWN LMA '14E 570.202 $175,000 08 - BUSINESSES 5
200~ 20 COMMERCIAL Tract AVENUE; SOUTH SAN FRANCISCO ,CA 94080 iDISTRICT WITH IMPROVEMENTS TO THEIR PROPERTY
REHABILITATION 6022.00 INCLUDING FACADE & STRUCTURAL UNDERTAKINGS.
TOTAL HOUSING, COMMERCIAL & PUBLIC FACILITIES: $509,302
FISCAL & PROGRAMATIC MANAGEMENT OF THE CDBG
400 GRAND AVENUE; SOUTH SAN FRANCISCO ,CA PROGRAM WHICH INCLUDES SOCIAL SERVICES,
CDBG PROGRAM N/A N/A '21A 570.206 $155,875 NA NA
2005 21 ADMINISTRATION 94080 HOUSING & COMMERCIAL REHAB, & PREPARATION
OF FEDERAL REPORTS & DOCUMENTS.
21 TOTAL PROJECT FUNDS FOR PY2005-06: $781,877
FUNDING SOURCES AMOUNT
New FY 2005 Entitlement Funds: $686,877
Prior Year Reallocated Entitlement Funds: $0
Prior Year Reallocated Program Income: $0
Estimated Program Income to be Generated in PY2005: $95,000
TOTAL CDBG FUNDS AVAILABLE: $781,877
Total Public Service Activities: $116,700
Percent of Funds for Public Service Activities: 15%
Total CDBG Admin: $t55,875
Percent of Funds for CDBG Admin: 20%
3 of 3
SOUTH SAN FRANCISCO PY2005-06 ACTION PLANI.xls
City of South San Francisco
One Year Housing, Economic & Community Development Action Plan
2005-2006
I. Introduction
The 2005-2006 One Year Action Plan describes how the City of South San Francisco will
address the City's housing and non-housing community development needs during the 2005-
2006 fiscal year. The City of South San Francisco adopted a Five Year Consolidated Plan for
housing and non-housing community development activities for 2003-2008. The Consolidated
Plan identified the community's needs in housing, neighborhood improvements, social services,
and economic development. It also set priorities for addressing those needs and describes how
the City will use Community Development Block Grant (CDBG), HOME, and local RDA funds
to address those needs. This document, the One Year Action Plan, is consistent with the
priorities established in the 2003-2008 Five Year Consolidated Plan. A table summarizing
activities planned- for the year is attached as Appendix A.
The majority of programs described in the One Year Action Plan are available to residents
citywide. Occasionally, certain projects are specifically targeted towards the Downtown/Old
Town area (CDBG target area) with low income and minority group concentrations.
In undertaking these activities and the use of federal funds, the City of South San Francisco will
not in any way hinder implementation of its Plan by action or willful inaction.
II. Financial Resources
Funding to carry out the activities described in the One Year Action Plan comes&om several
sources including the federally funded CDBG and HOME programs. The City will also use local
Redevelopment Agency public funds and other private resources to carry out the Plan's
activities.
The federal government provides CDBG funds to entitlement cities directly through block grant
programs. Cities can utilize these funds to revitalize low income neighborhoods, expand
affordable housing, create economic opportunities for low income people, and improve
community facilities. During the 2005-2006 fiscal year the City of South San Francisco will
receive a CDBG entitlement of $686,877. Additionally, the City expects to receive $95,000 in
program income from CDBG rehabilitation loan repayments. Thus, the total amount of funds
available to allocate in FY 2005-06 will be $781,877.
The federal government provides HOME funds to cities and counties to improve and increase the
supply of affordable housing for low income people. To access HOME funds, the City of South
San Francisco is part of the San Mateo County HOME Consortium. The HOME program
requires jurisdictions using HOME funds to leverage these funds with local resources. The City
will use Redevelopment Agency funds to meet the HOME match requirement on a project by
project basis.
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For 2005-2006, the County will provide South San Francisco with $18,000 in HOME
administration funds, which the City Council has designated to be used for fair housing
activities.
Non-federal public resources available to the City primarily come from the City's
Redevelopment Agency (RDA). RDA funds are generated through incremental property taxes in
the City's redevelopment areas. The City must use 20% of the tax increment on housing
activities that benefit persons at or below 120% of the AMI. For 2005-2006, RDA funds have
also been allocated to meet housing and community development needs. More funds may be
allocated towards new affordable housing development and/or acquisition and rehabilitation for
affordable housing purposes as opportunities arise.
Non-profit agencies and private investors will participate in many of the activities described in
the One Year Action plan. In many cases their participation will leverage both federal and local
public funds used to carry out these activities. Private leveraging is discussed further in this plan
where appropriate.
III. Housing Activities
A. Priority: Increase, maintain and improve the supply of affordable housing for very-
low, low, and moderate income individuals and families.
The San Mateo County Consortium has determined that creating new affordable rental units is a
high priority in San Mateo County. The Association of Bay Area Governments (ABAG)
estimates that new market generated housing construction will not be affordable to very-low,
low, and moderate income households. To help meet the need for new affordable housing,
public and nonprofit agencies will have to increase their efforts to make affordable housing
available.
The high cost of developing housing and the subsidies needed to make new units affordable to
low and moderate income families makes the construction of new affordable units difficult. In
addition, there is a limited amount of land suitable for affordable housing development in South
San Francisco. These and other factors outlined in the San Mateo County and the South San
Francisco Consolidated Plan provide the basic rationale for South San Francisco also making
housing rehabilitation a priority.
1. New Housing Construction
a. County Property at Grand and Oak Avenues $3,500,000 RDA
$4,500,000 State Sources
The City is working with the County of San Mateo and BRIDGE Housing to construct
approximately 43 affordable family apartments on County owned land at Grand and Oak
Avenues. The units are estimated to be completed in 2007. The units will be affordable to
families between 30% and 50% of the AMI and funded with $3,000,000 in Tax Credits,
$1,500,000 in Multi-Family Housing Funds through Proposition 46, and $3,500,000 in RDA
Funds in addition to private funding. The cost of this development is estimated at approximately
$15,000,000.
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b. 440 Commercial Avenue $500,000 in-kind Land Contribution
$250,000 San Mateo County HUD Funding
Habitat for Humanity Monetary and N-Kind Contributions
In FY 02-03 the City's Redevelopment Agency purchased a vacant lot at 440 Commercial
Avenue for the purpose of constructing affordable housing. The City is negotiating an
agreement with Peninsula Habitat for Humanity to construct four three-bedroom units affordable
to families earning below 50% AMI. The units would tentatively begin construction in FY 2005-
2006 and would be sold to four large low income families. The Agency will contribute the land
and Habitat will provide materials and volunteer labor to construct the units. Habitat will also
provide Mortgage Financing for the acquisition by low income families who are required to
volunteer 500 hours of labor on their homes as sweat equity.
d. Inclusionary Housing Development-Below Market Rate (BMR) Units Private Funds
The City's 20% Inclusionary Housing Ordinance requires new affordable units in residential
market rate projects of 4 units or more to be available to residents at or below 80% of the AMI
and residents at or below 120% of the AMI. Projects will be either rental or ownership units
depending on the type of project under development. Inclusionary BMR units do not receive
local subsidies, however, first time homebuyers are eligible for low-interest deferred loans from
the City to purchase the BMR ownership units.
2. First Time Homebuyer Loan Program $300,000 CDBG
$250,000 RDA
The City of South San Francisco has created a first-time homebuyer loan program. The City's
First Time Homebuyer program provides low-interest "silent second loans" in which the City
defers payments for five years. The First Time Homebuyer program gives priority for loans to
City employees. Loans range between $25,000 and $100,000 depending on need and income
eligibility. First time homebuyers can use the City loans to purchase homes anywhere in the City
or newly constructed BMR units created under the City's inclusionary housing ordinance. In
2005-2006, the program will offer 1-3 first time homebuyer seminars and individual counseling
for prospective buyers and plans to make 4-5 first time homebuyer loans. As additional CDBG
funds become available in 2005-06, the City will add CDBG ftmds to the first-time homebuyer
program to assist borrowers below 80% of the AMI.
3. Acquisition and Rehabilitation
The City will work with private rental property owners and non-profit organizations to identify
suitable rental properties that can be acquired and/or rehabilitated to provide housing for low and
very-low income renters. The types of rental properties targeted will consist of 4 to 12 unit
structures and/or residential hotels. The primary funding sources for rental properties will be
HOME, CDBG, and RDA funds.
a. Willow Gardens $14,000,000 Mixed Sources
The City has partnered with Mid-Peninsula Housing Coalition to acquire and rehabilitate
approximately 12 four-plex buildings (48 units total) in the Willow Gardens neighborhood. The
units are permanently affordable rental units owned and managed by Mid-Peninsula. The units
will be affordable to households at 50 - 60% of the AMI. Mid-Peninsula has acquired 7
buildings (28 units) to date and will continue to acquire them as they become available. The
Willow Gardens neighborhood is located in the E1 Camino Corridor Redevelopment Project
Area. Mid-Peninsula Housing Coalition has just completed a major exterior rehabilitation
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project of the seven units it owns in Willow Gardens using $800,000 in private funds. The
acquisition and rehabilitation of these units was funded with HOME and Redevelopment Agency
Funds. Total project costs are estimated at $14,000,000.
b. Downtown Affordable Housing Program $500,000 (RDA, CDBG and/or HOME)
The Downtown Affordable Housing Program is designed to provide affordable rental housing for
low and very-low income residents through the acquisition and rehabilitation of dilapidated
housing stock in or near the downtown. Of special interest are unoccupied Single Room
Occupancy hotels and 4-6 unit apartment buildings.
4. Owner-Occupied Rehabilitation
a. City-Sponsored Housing Rehabilitation Loan Program $310,802 CBDG
The Housing Rehabilitation Loan Program assists low and moderate income homeowners with
housing repairs. The program various sub-components and is administered by the City's
Housing and Community Development Division. It is available in the Downtown/Old Town
area and citywide. It is expected that 3-5 low- and moderate-income households will be assisted
with low-interest and/or deferred loans. The maximum loan amount is $35,000.
Funds are used for loans, administration of the Rehabilitation Program, or are programmed as
needed based on opportunities that arise. The City also funds the Voucher Programs and the
House Helpers Program through this CDBG Allocation to the City-Sponsored Housing
Rehabilitation Loan Program:
i. Voucher Program (Sub-program of City Sponsored Rehabilitation Program)
The City administers a housing rehabilitation voucher program that makes grants available
to low income homeowners citywide. The Voucher program is a grant subprogram of the
Housing Rehabilitation Loan Program and is not funded separately. Vouchers are used in
limited situations and for limited amounts of money when the usual loan process is
prohibitively expensive or too time consuming to clear up an emergency situation. The
City will expend approximately $5,000 from the Housing Rehabilitation Loan Program to
assist 5 low income residents through this program.
There are two different types of Vouchers available:
Emergency Code Violation Vouchers provide homeowners a grant of up to $2,500 to
clear up code violations in their homes. This program will assist 1-3 low income
residents in 2005-2006 using approximately $5,000.
Debris Box Vouchers help low and moderate income residents in the Downtown/Old
Town area and citywide remove accumulated debris and yard waste from their
properties to assist in resolving code violations. This program will assist 10 residents
with approximately $5,000 in 2005-2006.
ii. Minor Home Repair (House Helpers) (Sub-program of City Sponsored Rehabilitation Program)
The Minor Home Repair Program provides home repairs for very-low income homeowners
free of charge. Services include roof and gutter repairs, water heater replacement, and
installation of security devices, smoke alarms and carbon monoxide detectors. The
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program is administered by North Peninsula Neighborhood Services Center whose staff
speaks English, Spanish and Tagalog. The majority of households assisted will be large
families with small children and elderly female heads-of-household. NPNSC expects to
assist 30-40 very-low income households in the Downtown/Old Town area and citywide
depending on rehabilitation needs. The City funds the program with $40,000 in CDBG
funds set aside from the Housing Rehabilitation Loan Program. Funds are further
leveraged by NPNSC's low cost repair services.
b. Rebuilding Together Peninsula $8,500 CDBG
Rebuilding Together Peninsula plans to rehabilitate 5 homes and replace 1 roof for low income
South San Francisco homeowners. Rebuilding Together Peninsula will accomplish all of the
rehabilitation work on one day in April and will use completely volunteer crews that include
skilled labor. By using volunteer labor, Rebuilding Together Peninsula greatly leverages the
CDBG funds they receive. The City will allocate $8,500 of CDBG funds to the program in
2005-2006 to be used exclusively for building materials.
5. Rental Habitability
a. La Raza Centro Legal Code Enforcement Assistance $5,000 RDA
La Raza Centro Legal is adding a code enforcement assistance program to their services through
which they will assist 100 low income residents primarily in the Downtown and Willow Gardens
neighborhoods in reporting code enforcement violations in their dwellings thus improving
habitability conditions and reducing landlord abuse of tenants in South San Francisco. La Raza
Centro Legal's code enforcement assistance program will be funded with $5,000 in RDA
funding.
B. Priority: Provide service-enriched shelter and transitional housing for homeless
individuals and families.
The City implements a continuum of care approach to assist families and individuals break the
cycle of homelessness. The City funds an array of non-profit agencies that provide services to
families at-risk of becoming homeless. By providing support services, transitional housing, and
permanent housing, City-funded non-profit agencies are able to help residents avoid episodes of
homelessness and find permanent housing. City funds awarded to agencies are leveraged by
donations from individuals, foundations and other government sources.
1. Shelter Network - Crossroads $18,000 RDA
Provides transitional housing and comprehensive support services to homeless families. On-site
services include support groups, job development and other individualized services to help
families secure permanent housing. The shelter will serve 35 very-low and low income
individuals and the program is available to people citywide. The City will allocate $18,000 of
RDA funds to the program in 2005-2006.
2. Shelter Network- Maple Street $7,500 RDA
Provides transitional housing and comprehensive support services to homeless individuals. On-
site services include support groups, job development and other individualized services to help
individuals secure permanent housing. The shelter will serve up to 20 very-low and low income
individuals citywide. The City will allocate $7,500 of RDA funds to the program in 2005-2006.
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3. Samaritan House- Safe Harbor $7,000 RDA
Safe Harbor is a homeless emergency shelter in South San Francisco operated by Samaritan
House. Safe Harbor provides shelter and food for up to 90 individuals countywide a night. In
addition Samaritan provides several other services on site including substance abuse education
and counseling, employment and job development counseling, and health services. All the
individuals served at the shelter will be very-low income. Safe Harbor will serve 65 homeless
individuals from South San Francisco in 2005-2006. The City of South San Francisco is
allocating $7,000 in RDA funds during 2005-2006.
4. mP Housing (Human Investment Project) $22,500 RDA
Offers affordable housing services including a home equity conversion program for seniors,
shared housing referrals, life skills workshops for single parents, and a homeless prevention
program. All counseling and housing services are offered in Spanish and English. HIP will
provide referrals to 145-180 very-low and low income individuals citywide. The City will
allocate $22,500 of RDA funds to the program in 2005-2006.
C. Priority: Provide service-enriched housing opportunities for individuals and families
with special needs including, but not limited to, seniors, people with physical and
developmental disabilities, domestic violence survivors, people with AIDS/ItlV, and
people in treatment for substance abuse.
Elderly and disabled residents constitute special needs groups in South San Francisco. Both
require special programs and services that will allow them to remain in their homes in a safe and
accessible environment.
The City has funded the Center for Independence of the Disabled for many years and will
continue to provide funding. Services provided by C.I.D. are crucial for the disabled
community, allowing them to remain in their homes or to move into new housing that is
accessible to them.
Communities Overcoming Relationship Abuse (CORA) provides shelter for domestic violence
survivors and their families that must leave their current housing to escape abusive situations.
1. Center for Independence of the Disabled-Housing Accessibility Program $15,000 CDBG
Helps eliminate architectural barriers and provides modifications such as grab bars and access
ramps to make homes safer and more accessible for people with disabilities and/or the elderly.
CID will serve 30 very-low and low income households, all of who are disabled or frail elderly.
The program is available citywide. The City will allocate $15,000 of CDBG funds to the
program in 2005-2006.
2. Communities Overcoming Relationship Abuse (CORA) $4,000 CDBG
Provides shelter for domestic violence survivors and their children as well as food, clothing,
counseling and legal services. Services are provided in English, Spanish, and Tagalog. The
program will serve 8 low income individuals citywide. The City will allocate $4,000 of CDBG
funds to the program in 2005-2006.
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IV. Non-Housing Community Development Activities
To help create a healthier and safer community, the City of South San Francisco uses the
Community Development Block Grant to fund an array of non-profit agencies that provide
essential social services to working families. Funded services range from childcare and youth
programs to senior services. The City also uses CDBG funds for building improvements that
help revitalize the Downtown, improve facilities that provide services to Iow income residents,
and to make buildings accessible to people with disabilities.
Ae
Priority: Provide core public services activities to improve the quality of life for low
income individuals and families, including those at risk of becoming homeless and
special needs groups.
1. Childcare
a. Child Care Coordinating Council $4,000 CDBG
Provides short-term childcare (up to 90 days) for children of low income families in temporary
crises, such as severe illness or economic crisis. CCCC will serve 5 very-low and low income
children citywide. The City will allocate $4,000 of CDBG funds to the program in 2005-2006.
b. City-Sponsored Day Care $t0,000 CDBG
Operates two preschools, four before- and after-school sites, a summer camp and a vacation
program. Funds will be used to provide fee assistance to families who cannot afford to pay full
fees. The program will serve approximately 15-20 very-low and low income children citywide.
The City will allocate $10,000 of CDBG funds to the program in 2005~2006.
c. Friends to Parents $4,000 CDBG
Friends to Parents provides affordable childcare for low income families with children ages two
weeks to 5.9 years and is the only program serving infants. The Program will provide childcare
for up to 31 children from very-low and low income households citywide. The City will allocate
$4,000 of CDBG funds to the program in 2005-2006.
d. SSFUSD - Children's Center $2,000 CDBG
Provides childcare 11 hours a day as well as a summer program. Funds will provide one
recreational activity, such as a field trip to the beach or Coyote Point Museum. The Children's
Center serves 135 very-low and low income children citywide. The City will allocate $2,000 of
CDBG funds to the program in 2005-2006.
2. Senior Services
a. City-Sponsored Adult Day Care $19,000 CDBG
Provides a structured, supervised setting in which frail or chronically impaired seniors can
participate in social, educational and recreational activities as independently as possible. The
program will serve 35 very-low and low income people citywide. The City will allocate $19,000
of CDBG funds to the program in 2005-2006.
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b. Second Harvest Food Bank $4,000 CDBG
Provides seniors and disabled residents with weekly grocery bags containing at least 12 staple
items and consumer and nutrition information. Second Harvest will serve approximate 260 very-
low and low income senior and/or disabled residents citywide. The City will allocate $4,000 of
CDBG funds to the program in 2005-2006.
c. Ombudsman Program of San Mateo County $1,700 CDBG
Monitors adult-care facilities and reports abuse and negligence, advocating for residents of 41
long-term care facilities in the City of South San Francisco. Will address the needs of 30 low
income seniors or disabled residents in long-term care facilities in South San Francisco. The
City will allocate $1,700 of CDBG funds to the program in 2005-2006.
3. General Social Services
a. North Peninsula Neighborhood Services Center (NPNSC) $24,000 CDBG
Provides social services for those in immediate need. Services include provision of food,
clothing, shelter, transportation, assistance with rental security deposits, payment of PG&E bills
to avoid service interruptions, and crisis intervention. NPNSC is a key agency serving very-low
income individuals and families at risk of homelessness. NPNSC will serve 2,000 very-low and
low income residents citywide. The City will allocate $24,000 of CDBG funds to the program in
2005 -2006.
b. The Tooth Mobile $14,000 CDBG
The Tooth Mobile provides on-site dental services for low income children, adults, and seniors in
South San Francisco. 100% of the beneficiaries are low or very-low income. The Tooth Mobile
estimates it will serve approximately 300 individuals citywide with either dental screenings and
cleanings or treatment with $14,000 in CDBG funds during 2005-2006.
c. Project READ $6,000 CDBG
Offers free individualized tutoring and materials for adults and trains volunteer tutors to assist in
improving literacy. Project READ would serve 39 very-low and low income people citywide at
the West Orange Avenue Library. The City will allocate $6,000 of CDBG funds to the program
in 2005-2006.
d. Sitike Counseling Center $10,300 RDA
Sitike Counseling Center will provide substance abuse treatment for approximately 65 low and
very-low income individuals citywide. The City will allocate $10,300 of RDA funds to the
program in 2005-2006.
4. Battered Women's Services
a. Communities Overcoming Relationship Abuse (CORA)
See Housing Priority C
b. Rape Trauma Services Center $5,000 CDBG
This is the only agency within San Mateo County to provide information, resources, and support
to sexual assault survivors and their loved ones. Rape Trauma Services anticipates serving 360
low income South San Francisco women and their families citywide during 2005-2006. The
City will allocate $5,000 of CDBG funds to the program in 2005-2006.
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5. Disabled Services
a. ELLIPSE Peninsula Aids Program $4,000 CDBG
Provides professional and volunteer in-home support services to very-low income residents who
are HIV positive to enable them to remain healthy and to live at home as long as possible.
Services include light housekeeping, delivery of groceries, transportation to medical
appointments, and obtaining household items and medical equipment. ELLIPSE will serve
approximately 25 very-low and low income individuals citywide. The City will allocate $4,000
of CDBG funds to the program in 2005-2006.
b. Parca - Peninsula Association for Retarded Children and Adults $4,000 CDBG
Parca provides support, information, referrals, outreach, advocacy, and recreation opportunities
to approximately 60 low income South San Francisco individuals with developmental disabilities
and their families citywide. The City will allocate $4,000 of CDBG funds to the program in
2005-2006.
6. Youth Services
a. John's Closet $3,000 CDBG
Provides schoolchildren ages 3 - 17 with new clothing including jeans, sweats, jackets and tennis
shoes. Many parents of the children served are single mothers. Program will serve
approximatel3~ 240 very-low and low income South San Francisco children citywide. The City
will allocate $3,000 of CDBG funds to the program in 2005-2006.
b. North Peninsula Family Alternatives (NPFA) $8,000 CDBG
Offers a program to improve parenting skills and increase school performance. Low income,
monolingual Spanish speaking families are the focus of this program. NPFA will serve 60 very-
low and low income households citywide. The City will allocate $8,000 of CDBG funds to the
program in 2005-2006.
B. Priority: Sustain and increase the level of business and economic activity in areas that
serve or have a high percentage of iow income residents.
The City's economic and community development strategy for Downtown includes structural
improvements to address code violations and seismic concerns and to maximize the use of
commercial buildings and faqade improvement assistance for businesses.
1. City-Sponsored Commercial Rehabilitation $175,000 CDBG
The City-Sponsored Commercial Rehabilitation provides financial and technical assistance to
property owners undertaking structural, fagade and business sign improvements to their
buildings. These improvements help owners increase the use of their commercial buildings, and
improve the appearance of the downtown. The program is available in the Historic Downtown
district. The program is funded through CDBG and is leveraged by owners' funds and RDA
funds. During 2005-2006, the City will assist 4 to 6 business. The program will be funded with
$175,000 in CDBG and may leverage up to $150,000 in RDA funding.
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C. Priority: Preserve and improve public facilities that serve a high percentage of low
income residents.
The City will make accessibility (ADA) modifications and/or other improvements to public
facilities and other community facilities that serve low-income residents and residents with
special needs. The City undertakes these projects on an as needed basis or when it identifies
facilities with urgent needs. Projects will be funded with up to $50,000 in CDBG from program
income, undesignated funds or activities that have been cancelled, delayed or are slow in
drawing funds. As such, these rehabilitation and accessibility projects have not been identified
but will be undertaken as deemed appropriate and will be dependent on the availability of
program funds. Examples of past projects include the rehabilitation of the Safe Harbor Shelter
and the Boys and Girls Club which received accessibility modifications. The City has also
undertaken modifications to make all city owned facilities and public parks disabled accessible
on a yearly basis for the last six years and will continue to do so as funds are available until all
accessibility modifications in the City's ADA Plan have been competed.
¥. Needs of Public Housing
The South San Francisco Public Housing Authority operates as a separate entity and submits a
Consolidated Plan to HUD separately from the City of South San Francisco. The South San
Francisco PHA manages 80 units of affordable public housing. Information about the needs and
strategy of the South San Francisco PHA can be found in the South San Francisco PHA 2000-
2004 Consolidated Plan.
VI. Anti-Poverty Strategy
The City of South San Francisco has a multifaceted approach to reducing the number of families
living in poverty. First, City participation in the acquisition, construction or rehabilitation of
affordable housing is contingent upon restricting rents to affordable levels for low income
residents for an extended period of time (30 to 40 years). This helps reduce the number of
families living in poverty by decreasing one of their largest expenses, rent, to a reasonable level.
Additionally, the City's housing rehabilitation loan programs offer Iow and moderate income
homeowners the opportunity to bring their homes up to current building standards by providing
low-interest loans, which facilitate upgrades in a manner that does not burden the family budget.
Second, the City has recently adopted an inclusionary housing ordinance that requires developers
to make twenty percent (20%) of all new housing units in developments of 4 units or more in the
City affordable to moderate income families. All of the inclusionary units must be affordable to
families at or below 80% or at or below 120% of the AMI as stipulated in the inclusionary
ordinance.
Third, efforts to improve the historic downtown business district provide property owners with
an opportunity to undertake exterior business improvements, which can include signs, awnings
and exterior painting. These improvements help owners increase the use of their commercial
buildings and improve the appearance of the Historic Downtown district. In addition to
providing assistance for improving commercial faCades, the City actively works with the South
San Francisco Chamber of Commerce to meet the needs of downtown businesses and to promote
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00001'7
the area. These activities help create a more vibrant business community and new jobs for City
residents.
Fourth, the City funds several non-profit agencies whose services help low income residents.
For example, by providing childcare subsidies the City is able to help low income adults work or
study while their children are at a childcare center. Similarly, by providing funding to an adult
literacy program, the City is able to help residents find employment they may not have been able
to secure before knowing how to read.
Through this multitude of efforts, the City is continually working to help reduce the number of
families living in poverty.
VII. Lead-Based Paint Abatement Program
The City of South San Francisco is aware of lead paint hazards in its community because of the
age of the existing housing stock, particularly in the historic downtown district. The San Mateo
County Childhood Lead Poisoning Prevention Program has identified the City as a high-risk
area. This designation is based on the City being in the upper 50th percentile for proportion of
families living in poverty as well as the City's proportion of population under the age of six and
proportion of housing stock built before 1950.
The U.S. Department of Housing and Urban Development (HUD) promulgated new regulations
on September 15, 1999, establishing requirements for notification, evaluation, and reduction of
lead-based paint hazards in federally owned residential property and housing receiving federal
assistance. The purpose of these regulations is to protect children under the age of six by
eliminating or minimizing lead-based paint hazards in housing. The regulation significantly
increases the quantity of testing and home maintenance, repair, or rehabilitation work that must
be performed in a lead-safe manner. They also require lead hazard controls based on programs,
which vary depending on the nature of the activity, amount of assistance, and duration of the
relationship with the recipient of federal funding.
HUD's new Lead Safe Housing Regulation took effect on September 15, 2000. The County of
San Mateo and the cities of South San Francisco, San Mateo, Daly City, and Redwood City
worked together to submit a Lead Based Paint Transition Plan to HUD and to implement the
regulations by August 2001. South San Francisco met this deadline and is in compliance with
the regulations.
To implement the regulations, the City will continue to work with other cities in San Mateo
County and the County of San Mateo to make training classes available to city staff and
contractors. Besides sharing information on training classes, the cities and County will maintain
a list of certified contractors and maintenance/rehabilitation workers that can perform work for
all the jurisdictions. The City will also encourage its regular contractors and their workers to
become certified abatement workers/supervisors. Bid packages will include information about
lead-based paint hazards and training available to contractors. Outreach efforts will also include
letters, media publications and other direct outreach to the City's contractors and other potential
contractors.
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The City of South San Francisco will also continue to attend lead information meetings held in
the County of San Mateo and other cities on the Peninsula. During these meetings the cities and
County will share information about training courses, certified lead abatement contractors and
workers, as well as plan efforts to increase the supply of certified workers throughout the
County.
VIII. Fair Housing Plan
Through the San Mateo County HOME Consortium, the cities of Daly City, Redwood City, San
Mateo, and South San Francisco contracted with Project Sentinel to develop and produce an
updated "Analysis of Impediments to Fair Housing in San Mateo County, California." This
section of our Annual Plan lays out the City's required Fair Housing Action Plan in response to
the findings of the draft updated Analysis of Impediments to Fair Housing.
The report indicated a number of impediments and potential impediments to fair housing in San
Mateo County, although South San Francisco was not cited as having any policies that directly
impede fair housing and was listed as one of the stronger jurisdictions in preventing predatory
housing practices through increasing the supply of affordable housing. The study found that the
shortage of affordable housing and a high ratio of Older housing stock in San Mateo County can
constitute an impediment to fair housing, due to a high correlation between poverty levels,
substandard housing, cost burdened and over-crowded households and Black and Hispanic
neighborhoods. Although, South San Francisco is not one of the most vulnerable cities in the
Consortium, conditions common to all of the entitlement cites studied, such as old substandard
housing, low vacancy rates, and high numbers of lower income immigrants without good
command of English or knowledge of fair housing law, set the stage for predatory housing
practices directed at people of color, low and moderate income households, people with
disabilities, large families, and other groups protected under fair housing laws. The study found
some zoning and land use policies that constitute impediments to fair housing in other
jurisdictions, but none were found in South San Francisco's zoning and land use policies. A
common area of concern countywide is discriminatory banking and lending policies. The study
found higher denial rates for mortgage loans and a higher reliance on sub-prime loans among
Black and Hispanic residents. The study also found a countywide pattern of buildings that were
not in compliance with accessibility provisions for the disabled in the Fair Housing Amendments
Act. This non-compliance is an impediment to fair housing choice.
In response to these findings, the City of South San Francisco will continue its support for fair
housing organizations, fair housing education and outreach, and housing development and
rehabilitation work that directly addresses the housing market factors that can put residents at
greater risk of housing discrimination.
Today the City of South San Francisco continues to work to overcome impediments and promote
fair housing by contracting with two agencies, Project Sentinel and La Raza Centro Legal, to
assist residents with housing discrimination complaints. The two agencies provide counseling,
legal advocacy, and tenant/landlord mediation services in issues of fair housing and housing
habitability. By having two agencies providing this service the City is able to offer a wider range
of services to citizens needing fair housing counseling. Fair housing services are available to b
residents citywide.
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1. Project Sentinel $3,525 HOME Administration Funds
Provides fair housing counseling and advocacy for South San Francisco residents. Project
Sentinel's work includes providing fair housing education, enforcement, and dispute resolution
in cases of housing discrimination. Additional services include community education and
information on mortgage default and delinquency. In 2005-2006 Project Sentinel will provide
fair housing services to 12 low income households citywide. The program will be funded with
HOME administrative money received by South San Francisco from San Mateo County.
2. La Raza Centro Legal Fair Housing Counseling $14,475 HOME Administration Funds
Provides South San Francisco residents with advocacy and legal representation in housing
matters, including habitability issues and eviction prevention. In 2005-2006, La Raza will
provide 400 low income individuals citywide with information and referrals, legal advice,
counseling, and legal representation. The program will be funded with HOME administrative
money received by South San Francisco from San Mateo County.
The City currently provides educational materials (through on-line material on the South San
Francisco website and brochures) about fair housing issues to residents and non-profits that work
with low income people throughout the City, including materials about the services of Project
Sentinel and La Raza Centro Legal.
Preservation and construction of affordable housing were cited as a way to make a community
less conducive to predatory housing practices and housing discrimination. As detailed in the
housing section of this Plan, the City of South San Francisco will continue its housing
development and rehabilitation work, directly mitigating conditions that put protected groups
more at risk of housing discrimination. Inclusionary zoning ordinances were cited by the study
as one of the most powerful tools available to increase the supply of affordable housing. South
San Francisco was listed as having the second most effective inclusionary housing ordinance in
the County.
With other jurisdictions in the County HOME consortium, the City will also explore taking
action on the concrete recommendations included in the AI to reduce countywide impediments to
fair housing. These actions to explore include: developing an accessibility checklist for
planning departments to use and distribute so that provisions of the FHAA are uniformly
implemented across San Mateo County and developing a strategy to eliminate predatory lending
practices and lending discrimination, especially in its disproportionate impact on Black,
Hispanic, and senior residents.
IX. Other Actions
A. Address Obstacles to Meeting Underserved Needs
The primary obstacle to meeting underserved needs is the lack of available funds. Therefore the
City will strive to use its limited resources by leveraging its funds and using them in the most
efficient manner possible. As described in the section, "Develop an Institutional Structure &
Improve and Enhance Coordination of Services," the City will continue to work and coordinate
with various organizations to maximize the use of City funds. By drawing on the expertise and
2005-2006 One Year Action PLan
Page 13 of 16
0OO020
resources of various organizations, the City will be better able serve a greater number of city
residents.
B. Foster and Maintain Affordable Housing
To overcome the obstacles of meeting underserved housing needs as well as foster the
development affordable housing, the City will explore options to purchase substandard
residential units and/or underutilized land to create affordable housing opportunities. In addition,
the City will work to enforce the Inclusionary Housing Ordinance to ensure that all new housing
developments or 4 or more units make 20 percent of the units affordable to low and moderate
income families.
C. Remove Barriers to Affordable Housing/Governmental Constraints
In an effort to foster and maintain the supply of affordable housing and to remove barriers to
affordable housing development, the City of South San Francisco will continue to monitor its
public policies to identify areas where the City can make improvements. The City will continue
to maintain and encourage affordable housing development by:
· Implementing adopted density bonus ordinance
Enforce the City's Inclusionary Housing Ordinance requiring that 20% of all new
housing units in residential developments of 4 or more units in the City be affordable to
moderate income families
· Expediting reviews of affordable housing projects and provide technical assistance to
developers
· Apply amended zoning ordinance to give disabled residents greater flexibility making
accessibility modifications to their homes
D. Develop an Institutional Structure & Improve and Enhance Coordination of Services
The City will work closely with non-profit social service providers, other cities, the School
District, the County, and the Chamber of Commerce to coordinate the delivery of services to
residents. The City will also assist neighborhood groups with space for events and materials to
help them conduct community activities.
In 2005-2006, the City will work to strengthen its relationships with organizations serving the
public. Specific efforts will include:
· Participate in the San Mateo County HOME Program Consortium
· Continue working with the County of San Mateo and other CDBG jurisdictions to
implement HUD's Lead Safe Housing Regulation
· Fund 25 non-profit agencies serving low income residents
· Continue working with Mid-Peninsula Housing Coalition to rehabilitate Willow Gardens
· Work with businesses and the Chamber of Commerce on downtown beautification and
other projects to improve the downtown
2005-2006 One Year Action Plan
Page 14 of 16
000021
Work with the County of San Mateo, other entitlement cities, and nonprofit agencies to
address the concerns found in the San Mateo County Analysis of Impediments to Fair
Housing.
Work with the County of San Mateo and BRIDGE Housing to develop affordable
housing on County owned property located at Grand and Oak Avenues
Work with Peninsula Habitat for Humanity to develop affordable housing at 440
Commercial Avenue
E. Certificates of Consistency
The City of South San Francisco intends to issue certificates of consistency as appropriate when
requested.
X. Monitoring Standards and Procedures
The City has established procedures that ensure City programs comply with federal program
requirements and City policies. For agencies that receive CDBG, HOME and RDA funding, the
City requires the agencies to provide quarterly reports of accomplishments and financial records.
All new grantees receive site visits from City staff. These monitoring activities keep the City
informed about the progress agencies are making towards meeting their objectives. The City
also conducts site visits and requires the agencies to submit an annual audit. With respect to
applicable construction projects, the City asks developers to submit proof of compliance with
Davis-Bacon with each invoice they submit to the City.
The City Council also reviews annual reports to ensure that the City is applying its resources to
meet community goals. These reports include the CAPER (Consolidated Annual Performance &
Evaluation Report) for federal programs, the annual report for the Redevelopment Agency and
the annual city audit.
XI. Citizen Participation
The City of South San Francisco has an established citizen participation plan, which is part of the
2003-2008 Consolidated Plan. In accordance with the Citizen Participation Plan, the City held
public hearings and allowed for public cmranent periods to help determine the community's
needs and review the 2005-2006 One Year Action Plan. In addition, the City is part of the San
Mateo County HOME Consortium and as such participates in the extensive needs assessment
and public hearing process conducted by the County of San Mateo.
A. Identifying Needs
Request for Proposals for CDBG Funding
A request for proposals for CDBG funding was sent to all community agencies on the Housing
and Community Development mailing list on January 3, 2005. A public notice of the RFP
availability was published in the San Mateo County Times on January 15, 2005. The RFP was
also posted on the City's website.
2005-2006 One Year Action Plan
Page 15 of 16
000022
Public Hearing on Community Needs
On March 9, 2005 the City held a public hearing with the Mayor and City Council to receive
public comments on the City's housing and community development needs. Many community
agencies that applied for CDBG funding came to the hearing and spoke on behalf of their
proposals.
A public notice for the hearing was printed as a display advertisement in the San Mateo County
Times 14 days before the hearing on February 26, 2005. Notice of the hearing was mailed to all
community agencies on the Housing and Community Development mailing list.
B. The "Proposed" Annual Action Plan
Availability of a Proposed Annual Action Plan
The proposed 2005-2006 One Year Action Plan was available for public comment from March
12 to April 12, 2005. Copies were made available at the Economic and Community
Development Office at City hall as well as South San Francisco libraries. A notice of the Plan
Availability was published in the San Mateo Times on March 12, 2005.
Public Hearing to Adopt the 2005-2006 One Year Action Plan
On April 13, 2005, the City will hold a public hearing to adopt the 2005-2006 One Year Action
Plan. A public notice for the hearing was printed as a display advertisement in the San Mateo
County Times 14 days before the hearing on April 2, 2005. Notice of the hearing was mailed to
all community agencies on the Housing and Community Development mailing list.
C. Adoption of Annual Action Plan
Copies of the Annual Action Plan and a summary of the Plan were made available to the public
for free and within two days of a request. In addition, copies will be available at the economic
and Community Development Office at City hall as well as South San Francisco libraries.
XII. Citizen Comments
Twelve nonprofit organizations attended the City's public needs assessment hearing. The
agencies expressed the need to maintain funding for their programs as funds from many other
sources are declining. They also expressed appreciation to the City for funding their programs.
Consideration of Public Comments:
The City considers all public comments in establishing its One Year Action Plan for 2005-2006.
The issue all of the agencies brought up throughout the public comment process was their need
for more funding to be available to provide public services. The will continue to provide funding
as allowed by CDBG regulations. Unfortunately, the City cannot meet the agencies' needs
beyond this because it is required by federal law to only use 15% of its CDBG entitlement for
public services, and funding from other sources is not available.
2005-2006 One Year Action Plan
Page 16 of 16
0-00023
DATE: April 13, 2005
TO:
Honorable Mayor and City Council
FROM:
Marty Van Duyn, Assistant City Manager
SUBJECT:
APPEAL OF PLANNING COMMISSION REVOCATION OF
USE PERMIT # UP-96-090 REGARDING CHRISTY'S BAR & GRILL AT 309
AmPORT BOULEVARD
RECOMMENDATION
It is recommended that the City Council uphold the Planning Commission decision to revoke Use
Permit 96-090 allowing karaoke and live music until 1AM at an existing cocktail lounge as reflected
in the f'mdings of denial.
This revocation is based on numerous Police Department investigations of violations of the Use
Permit as listed below, as well as general disregard for the conditions as stated on said Use Permit.
BACKGROUND / DISCUSSION:
At the applicant's request, the City Council has continued the matter on two previous occasions - City
Council meetings of March 9, 2005 and March 23, 2005. The applicant requested the continuances due to
a personal matter and to confer with his legal representative.
On February 3, 2005 the Planning Commission moved to revoke the applicant's Use Permit, which
allowed them to have karaoke (audience participation sing-along) and live music with limited dancing
until 1 AM.
Findings of Denial, based on evidence in the record, are attached to this report.
Christy's Bar & Grille is located at 309 Airport Boulevard between Grand Avenue and Fourth Lane. In
October of 1996, the property owner obtained Use Permit 96-060 to expand business activities to include
karaoke, only after the Police Department had received numerous complaints of unauthorized live music
karaoke activities in September of 1996.
The abridged and pertinent portions of the Christy's Use Permit #UP96-090 are listed below in italics:
Noise Concerns
a. This application was brought to the attention of the Planning Commission as a result of
noise complaints reported to the Police Department stemming from unauthorized live
music and karaoke activities during the month of September. The Police Department
Staff Report
Subject: Appeal of Use Permit Revocation
Page 2 of 6
has concerns that these noise complaints will continue and increase without mitigation;
therefore
Prior to commencing any live music or karaoke use on site, the applicant shall
hire a professional acoustical or noise consultant to conduct a study and do
test readings to determine if the proposed use will be within acceptable limits
of the city's noise ordinance, Chapter 8.32, for areas above and adjacent to
the proposed use.
Use Conditions
a. The only forms of entertainment allowed are karaoke (audience participation sing
along) and live music with limited dancing. No other form of entertainment is allowed
without modification of their use permit.
The applicant shall apply for a dance premise business license and shall comply with
Chapter 6.48 of the municipal code regulating dance premises and rental halls. This
chapter also authorizes the Police Department to revoke or suspend the dance premise
license without public hearing should negative activity on site constitute a public
nuisance. The premise business site clearance shall be completely approved prior to
any dance activity or entertainment occurring on site.
The Police Chief may immediately suspend the operation of this business pending a
hearing on the revocation of this Use Permit, if the Chief finds that there are violations
of the Use Permit conditions and/or the ABC license, or that there is a single significant
violent crime or single significant incident warranting multiple police units or multiple
police jurisdiction response with the operation of this use, which he determines is
detrimental to public health or safety.
After the Planning Commission granted the Use Permit pursuant to the aforementioned specified
conditions placed on the business, several issues have arisen and been discovered by the Police
Department since November of 2003.
On November 11, 2003, the Police Department investigated an Assault with a Deadly Weapon
that occurred at Christy's Bar and Grille, located at 309 Airport Boulevard (SSF Police Case
Report #03-11-30-006).
In December of 2003, then-Planning Sgt. Jim Thane met with the owners of Christie's in
response to multiple public safety concerns.
In his letter to the owners dated December 8, 2003, then Sgt. Thane, addressed specific
concerns raised as to "noise regulation compliance, non-approved uses, and an assault with a
deadly weapon."
Sgt. Thane held several conversations with the owners, Evelyn Kuo and Kent Sato, and
clarified specific issues of concern as to their Use Permit #UP-96-090, as approved by the
Planning Commission on October 17, 1996.
Staff Report
Subject: Appeal of Use Permit Revocation
Page 3 of 6
As a result of those conversations, the owners indicated a complete understanding of their Use Permit
conditions, and assured Sgt. Thane that they would comply.
At this time, the owners of Christy's were advised that the Assault with a Deadly Weapon incident qualified as
the "single significant violent crime," and subsequent incidents could lead to action against their business.
In December of 2003, Chfisty's Bar commissioned Nigel Breitz Acoustics to perform an acoustical
study. On December 12, 2003, Nigel Breitz Acoustics sent a letter to Mr. Sato stating that a study
had been conducted.
· The Planning Division rejected that acoustical study as inadequate. As such, Christy's was not
approved for karaoke or live music at that time.
In early February of 2004, the Police Department learned that Christie's had booked an event for
February 28, 2004. This event was slated to begin at 1 PM and end at 1 AM with an expected
100+ people in attendance. At the time of this discovery, no Dance Hall Permit application had
been filed with the Community Relations Sergeant, in violation of Section 2b of their Use Permit.
On February 13, 2004, Nigel Breitz Acoustics sent Mr. Sato another letter memorializing sound
measurements taken at that site. The Planning Division was in the process of reviewing that
document, such that the karaoke, live music and limited dancing uses had not been approved as yet.
· OnFebruary 17, 2004, Sgt. Normandy met with Mr. Sato and advised him that this event was
illegal without frrst applying for a Dance Hall Permit.
· Mr. Sato contacted Police-Community Relations and applied for permit, after the event had been
advertised to the public at large via radio.
On February 19, 2004 it was determined that the number of invitees per the application, was in
direct violation of the maximum occupancy of the State Fire Code, which limited Chfistie's to 50
people on site, to include employees. As a result, no permit was issued and the event was
cancelled.
There is little doubt that without the early intervention of the Police Department, this potentially hazardous
event would have taken place.
· On March 29, 2004, Lt. Jim Thane noted that Christy's had erected signage that indicated
"Karaoke every Friday and Saturday."
· Lt. Thane had prior knowledge that the Planning Division had not yet approved this use.
To prevent further violations, the Police Department initiated contact with the owners, who
promised to remove the signs until approval was obtained. Mr. Kent Sato said he would remove
the signs, as the Karaoke use was not officially permitted at that time. Mr. Sato promised to
remove the signs by March 30, 2004, but failed to do so.
Staff Report
Subject: Appeal of Use Permit Revocation
Page 4 of 6
· About a week later, in April of 2004, Christy's Bar was approved for karaoke activities.
On September 25, 2004, Police Department personnel discovered that Christy's had hired a Disc
Jockey known as "Club 650." Christy's Use Permit does not allow amplified or live entertainment
- only "karaoke (audienceparticipation sing along) and live music with limited dancing."
Further, Christy's had requested a $5.00 cover charge for all patrons. Police on scene also noted
large crowds forming on the sidewalk, creating issues with ingress and egress. Additionally, the
establishment was not closed at 2:00 am, as required by their ABC license.
On September 27, 2004, Sgt. Normandy spoke with Mr. Sato. Sgt. Normandy advised him that the
cover charge moved them into a "concert" or "night club" venue, which was not an approved use.
Sgt. Normandy advised him that he was rated for karaoke use, live (non-amplified) music and
limited dancing only.
Sgt. Normandy advised Mr. Sato that a Disc Jockey without dancing did not fit the definition of
their approved use. Sgt. Normandy advised Mr. Sato that the bar doors must be closed at 2 a.m., as
failure to do so was a violation of both their ABC license and their Use Permit.
· Mr. Sato promised to stop these activities and to comply immediately.
One week later, on October 2, 2004, the Police Department responded to a complaint of an illegal
rap contest. A citizen reported a large group of people "hanging outside of Christie's Bar and
loitering."
Approximately 20 persons were again blocking the sidewalk. Officers attending to this disturbance
noted the distinct odor of marijuana throughout the establishment, and patrons were subjected to a
$10 cover charge.
Det. Gil was aware of the previous week's incident, and contacted Mr. Sato, who was on site. Mr.
Sato closed the event immediately. Five police units responded to disperse the crowd, and
photographs were taken. Det. Gil had another conversation with Mr. Sato about the Use Permit
concerns. Again, no dancing was noted.
Section 2c of their Use Permit states:
"The Police Chief may immediately suspend the operation of this business pending a hearing on the
revocation of this Use Permit, if the Chief finds that there are violations of the use permit conditions
and/or ABC license, or there is a single significant violent crime or single significant incident warranting
multiple police units or multiple police ]urisdiction response with the operation of this use, which he
determines is detrimental to public health or safety."
The October 2, 2004 incident alone qualifies as such a violation.
· On October 4, 2004, Sgt. Normandy received a phone call from Kent Sato. He said that he was
"confused" about the Use Permit issues. Mr. Sato said he called ABC to determine if a cover
Staff Report
Subject: Appeal of Use Permit Revocation
Page 5 of 6
charge was a violation of his ABC license. He acknowledged that he did not contact me to seek
clarification.
He admitted that he knew that these activities had a direct impact on his Use Permit. Mr. Sato said
that he would apply for a new Use Permit via the Planning Division, and would cease further
activities until approval was obtained.
Mr. Sato stated that he was confused as to the meaning of"live music with limited dancing." Mr.
Sato said he believed it meant the same as "live entertainment."
Mr. Sato also admitted that he did not seek clarification from the Planning Division or the Police
Department, or refer to the Use Perm/t, before proceeding with such unapproved activities.
PLANNING COMMISSION
At the Planning Commission meeting of January 20, 2005, the Commissioners reviewed the matter,
allowing a staff report presentation, and taking public testimony fi.om Mr. Sato (the applicant) and Morris
Irving. Mr. Sato provided a copy ora letter responding to the Police Department concerns. Mr. Irving, a
resident living above Christy's Bar and Grill, spoke in support of continuing the karaoke and live
entertainment indicating that the associated noise was not a concern to him.
The Planning Commissioners expressed concern regarding the type and number of reported incidents cited
by Sgt. Normandy and that the applicant was operating in violation of the Use Permit conditions of
approval. The Commissioners opined that while they were not supportive of businesses that repeatedly
violated Use Permit conditions, they were willing to allow the applicant to reapply in the future for the
same or similar business features (karaoke, live entertainment and extended hours beyond 12 AM). The
Planning Commission on a unanimous voice vote continued the matter to the Commission meeting of
February 3, 2005 in order that City staff could prepare Findings to Revoke the Use Permit allowing
karaoke, live entertainment and extended hours beyond 12 AM.
At the Planning Commission meeting of February 3, 2005, the Commissioners by a unanimous vote
Adopted the Findings and Revoked the Use Permit.
CONCLUSION
The Police Department's investigations reveal several violations of conditions of the Use Permit #96-060,
and sufficient grounds exist to substantiate a revocation. Therefore, staff recommends that the City
Council uphold the decision of the Planning Commission and revoke the Use Permit #LIP 96-090 allowing
karaoke and live entertainment until 1 AM.
By:
Marry Van Duyn
Assistant City Manage, r,/
B'hrry Sagel~
City Manage¥.
Staff Report
Subject: Appeal of Use Permit Revocation
Page 6 of 6
Attachments:
Planning Commission
Findings of Denial
Appeal Letters
Applicant's January 2005 Letter (Referenced in the PC Minutes)
City Council
Staff Report
March 23, 2005
Planning Commission
Meeting Minutes
January 20, 2005
February 3, 2005
Staff Reports
January 20, 2005
February 3, 2005
FINDINGS IN SUPPORT OF REVOCATION OF CONDITIONAL USE PERMIT
UP 96-090
Chrisfie's Bar and Grill
(As Approved by the Planning Commission on February 3, 2005)
As requ/.red by the "Revocation and Modification of Permits" procedures (SSFMC Section 20.91.030), the
following findings are made in support of the revocation of Use Permit 96-090, allowing karaoke and live
music until lam at an existing cocktail lounge, based on public testimony and the materials submitted to the
City of South San Francisco Planning Commission which include, but are not limited to: Memorandum to the
Planning Department fi.om Sergeant Alan Normandy dated October 5th, 2004; Planning Commission staff
report, dated January 20, 2005; and Planrfing Commission meeting of January 20, 2005:
o
Section 20.91.020C0) of the South San Francisco Municipal Code provides that a violation of one or
more of the conditions of approval of a Use Permit may constitute grounds for revocation of a Use
Permit.
Use Permit 96-090 included a requirement that the applicant hire a professional acoustical or noise
consultant to conduct a study and test readings to determine if the proposed use would be within
acceptable noise limits. In December of 2003, the owner commissioned Nigel Breitz Acoustics to
perform this study, and submitted the results to the Planning Department, but the Planning
Department rejected that study as inadequate. Christies subsequently booked an event for February
28, 2004, without obtaining a Dance Hall Business License as required by section 2Co) of their Use
Permit.
In December of 2003, then-Planning Sergeant Jim Thane met with Christie's owners Kent Sato and
Evelyn Kuo in response to multiple public safety concerns. In discussions with the owners, then-
Sergeant Thane identified specific issues of concern as to the owners' Use Permit, inclucting a
clarification of allowable types of live music as provided for in the original Conditions of Approval
and associated staffreport, which contemplated that music would be limited to karaoke and live
music played by no more than three un-amplified musicians.
On September 25, 2004, Police Department personnel discovered that Christie's had hired a disc
jockey known as "Club 650." The Conditions of Approval provide that the only forms of
entertainment allowed are karaoke (audience participation sing along) and live music with limited
dancing. As had akeady been explained to Mr. Sato in the above-reference discussion with then-
Sergeant Thane, Condition of Approval 2(a) does not allow for the playback of amplified recorded
music.
On September 27, 2004, Sergeant Al Normandy spoke with Mr. Sato to clarify further the scope of
the Use Permit as originally issued. Sergeant Normandy again explained that the original staff
report accompanying the Conditions of Approval anticipated that the "live music with limited
dancing" referenced as a Condition of Approval would mean live and un-amplified acoustic music
limited to an ensemble size of a tho or smaller. Mr. Sato indicated a full understanding of the Use
Permit conditions, and indicated that he would comply with the conditions as Sergeant Normandy
had explained them.
-1-
FINDINGS IN SUPPORT OF REVOCATION OF CONDITIONAL USE PERMIT
UP 96-090
Page 2 of 3
o
Section 2(c) of the conditions of approval provide that the Chief of Police may immediately suspend
the operation of the business if the he or she finds that there are violations of the Use Permit or
ABC license, or if there is a single significant violent crime, or a single significant incident
warranting multiple police units or multiple police jurisdiction response with the operation of this
use, which he or she determines is detrimental to public health or safety.
o
On November 11, 2003, the Police Department investigated an Assault with a Deadly Weapon that
occurred at Christies Bar and Grill (SSF Police Case Report #03-11-30-006). South San Francisco
Police Sergeant Thane was dispatched to Christie's Bar, where witnesses reported a large fight
among patrons. One victim was hit in the head w/th a pool stick. In later conversations with the
owner, Sergeant Thane advised Mr. Sato that this incident would qualify as the type of"single
significant incident" contemplated in the above-referenced condition of approval.
o
On October 2nd, 2004, the Police Department responded to reports of a "rap contest" at Christie's
Bar and Grille. A citizen reported a large group of people loitering outside of the establishment.
Officers were dispatched to the scene, and five separate police units responded to the disturbance.
Officers responding to the scene reported smelling the distinct odor of burnt marijuana, and reported
that the large group of patrons assembling outside of Ire Bar obstructed the sidewalk. The rap'
contest exceeded the scope of permissible "live music" as this term had been clearly explained to
Mr. Sato during previous discussions with police personnel.
Section 20.91.020(b) of the South San Francisco Municipal Code provides that a use permit may be
revoked upon a finding that the manner in which the use is conducted is detrimental to the public
health or safety.
10.
The repeated disturbances to the peace and significant incidents warranting multiple unit police
response are detrimental to public health and safety. The first incident,, from November 11, 2003,
resulted in a ½ inch laceration along the left eyebrow of a bar patron. Thus, the conduct of the
business has resulted in at least one reported injury. Additionally, officers responding to citizen
reports at Chrisfies's have reported the presence on the premises of the distinct odor of burnt
marijuana, a restricted dangerous drug classified in Schedule 1 of the California Health and Safety
Code and possession of which is illegal under California Health and Safety Code section 11357.
11.
A compelling public necessity warranting the revocation of a use permit for an otherwise lawful
business may exist where the conduct of the business constitutes a nuisance. South San Francisco
Mun/cipal Code section 8.54.070(k)(1) provides that any use of property which gives rise to a
reasonable determination that said use represents some threat to the health and welfare of the public
by virtue of its unsafe, dangerous or hazardous nature is a nuisance.
12. Condition 2(d) of the Conditions of Approval requires the owner to be responsible for controlling
behav/or inside and outside the business. Despite several requests from the Police Department, the
-2-
FINDINGS IN SUPPORT OF REVOCATION OF CONDITIONAL USE PERMIT
UP 96-090
Page 3 of 3
owner has been unable to control the unruly and unlawful conduct o£patrons visiting Iris
establishment.' This failure to control the conduct of patrons inside and outside of the establishment
has resulted in injuries to patrons. Additionally, the Planning Commission expects that recipients of
Conditional Use Permits will understand the parameters and conditions imposed under their
permits. The owner has repeatedly demonstrated a failure to understand and comply with both the
letter and spirit of several Conditions of Approval of the Use Permit, including the limitation of live
entertainment to karaoke and live music with limited dancing, and the requirement to monitor
admission to the building and occupancy load imposed by Condition of Approval 2(f).
13.
The repeated occurrence of disturbances of the peace requiring multiple officer response and
resulting in injuries to Christy's patrons and staff constitute a threat to the health and welfare of the
public. The repeated disturbances and need for police intervention render the operation of Christy's
Bar and Grill a nuisance.
14.
Therefore, based on all the evidence in the record, including but not limited to the testimony
received at the duly noticed Planing Commission public hearing on January 20, 2005, the Planning
Commission hereby finds that the owner has violated conditions of approval of UP 96-090 and that
the continued operation of karaoke and live music at this site is detrimental to the public safety as
support for the revocation of Use Permit 96-090.
-3-
!
March 8, 2005
Honorable Mayor and City Council Members
City of South San Frm~cisco
P.O~ Box 711
South San Francisco, CA 94083
Dear Mayor and Council Members:
I am respectfully requesting that the public hearing for Christy's Bar be postponed to the
next regul~ meeting of the City Council. Services for a good friend who passed away
are being held tomorrow evening'and my attorney is also unavailable tomorrow evening.
His presence is important for this issue.
Your consideration is appreciated.
Sincerely,/'" '~ ~?
!
-5-
Christy's Bar & Grill
309 Airport BlVd.
SSF, CA 94080
To: Steve Carlson
Planning & Commission of SSF, CA 94080
We at Christy's Bar & Grill have been using a usage permit for karaoke & live
entertainment for the year 2001, and we would like to request to continue the usage of the
permit for karaoke & live entertainment for the year 2002.
Sincerely,
Proprietor of Christy's Bar & Grill
Thank you for your time.
-6-
January 27, 2005
To ~
From:
Members of the South San Francisco Planning Commission,
Council Members, and Chief of Police
Kent Sato & Cristy's Bar & Grill
I would like to apologize for any confusion or misunderstanding there may
have been in connection with our entertainment usage permit.
I was getting conflicting information from three different governing
agencies. We, in no way intentiOnally wanted to overstep any restrictions in
accordance with our conditions connected with our use permit.
If we are fortunate enough that you grant us permission to continue the use
of our existing entertainment permit, I would be more than enthusiastic to
work with all governing agencies concerned, even if you require a period of
some type of monitOring or some' type of revision of .our existing entertain-
ment usage permit.
We want to strive to be a small business which would be an asset to the city
of South San Francisco.
'Thanks again for your time and consideration.
'Sincerely,
Kent Sato
'Cristy.'s Bar & Grill
Planning Commission Meeting of,~anuary 20, 2005
I~lotion Sim ! Second Zemke to approve the Consent Calendar.
PUBLIC HEARING
Christy's Bar & Grill
Christina Lee, applicant
Satya Narayan, owner
309 Airport Boulevard
UP-96-090
Continued to
February 3, 2005
Evidentiary Hearing to revoke Use Permit allowing karaoke and live music until 1AM at an existing cocktail
lounge in the Downtown Commercial (D-C) Zone in accordance with SSFMC Sections 20.26.060(a),
20.26.030(c) and Chapter 20.91.
Sergeant Normandy read the Staff Report.
Ken Sato, representing his wife - owner of Christy's Bar & Grill, responded to the comments listed in the Staff
Report.
· Assault with a deadly weapon: That is an unfortunate situation which they do not want to occur. They have
had the bar since 200:1 and have not had any problems since then. They did have a party that evening and
there was one person, and later found out it was a member of the Cypress gang, who has been in trouble
before. This was his first time there. He struck a guest from out of town that was visiting the bar. The Police
Department and Paramedics went to the bar. He found out who this individual was and the person can no
longer enter the bar nor their friends. They do not want any trouble at their bar. They try to comply with all
the requested requirements. When they got the bar the entertainment license or permit was grandfathered in.
He was not aware of any acoustical testing that should have been done. This was only brought up after the
assault incident in 2003. He noted that they did the acoustical testing without first checking if the acoustical
test had been done. He noted that the Planning Division lost the records for the permit issued in :1996. the
first acoustical study was not acceptable and was told that modifications were necessary to comply. They had
another acoustical study done and it was approved.
· Party in excess of :100 persons: He noted that the event was for February 28, 2004. The customer had
planned a welcome home party for her daughter, a Daly City Police Officer, returning from military duty from
Iraq. They were informed that it would be 30-40 people. They did not do any of the advertising. The client
did it herself and that is when Sergeant Normandy came to us. He told us about the dance hall permit and that
they would be exceeding the 50 persons max capacity. They informed the person in charge of the party that
they would need to apply for a permit if they wanted to have the party. They did apply and it was not
approved.
· Karaoke sign: The sign was up since 2002 and was not recently erected. It was put up by the previous
karaoke operator a couple of years before. He had forgotten the sign was up and when Lieutenant Thane
informed Sergeant Normandy, he was contacted and told to take the sign down which he did do. He does not
know who drove by and said the sign was not taken down but the sign was removed at 4:00 p.m. that day.
· September 25th large crowd in the front of the bar: There were 1- or :15 people outside that were smoking. He
instructed the customers to smoke out on side patio so as not to impede the sidewalk per the Police
Department's request and they continue to instruct their customers this way.
· Cover Charge: He was not aware at the time of the cover charge restrictions. He noted that they were closed
by 2:00 a.m. The only people left in the bar were those cleaning up and moving out the equipment. They
close at 2:00 a.m. and on Thursdays and Fridays they close at 1:30 a.m.
· October 2 incident: The people wanting to throw the activity had lead them to believe that it would be a
karaoke contest. As the evening progressed he realized it was not true and that it was not something his
family wished to entertain. He immediately shut the party down. This is when the officers came to the bar and
helped them disperse everyone. The marijuana smoke may have been one of the reasons the party was shut
down.
They do not want to have any large events where they are required to have a dance hall permit, or will draw
potential problems. He noted that they don't need these problems and neither does the City. They wish to keep
their permit so they may entertain small birthday parties once or twice a month, and continue to provide some
musical activities for the customers from the biotech industry. They like to come in on Thursday or Friday
Planning Commission Meeting of.lanuary 20, 2005
afternoon and sing until about 10 p.m. There was confusion on asking Sergeant Normandy on the cover charge.
He added they do have a customer, Leo Padreddi, who has given them advice. They do not mean to disobey or
disrespect any of the regulations that the Use Permit has.
Public Hearing opened.
Mr. Sato showed the Commission a letter sent to Senior Planner Carlson and a copy of the permit number and
description assigned by the Planning Division.
Morris Irving spoke in favor of Christy's bar. He noted that he lives at the site and has not had a problem with the
noise in the one year he has lived there. He added that the freeway and the trucks going by cause more noise
than the music from the bar. He pointed out that Police Department has probably had to respond to the tenants'
homes for violence rather than to the bar for noise.
Assistant City Attorney Spoerl asked that the Commission continue action on the item to allow him to revise the
Findings of Denial and include the testimony received at the meeting. Senior Assistant City Attorney Johnson
added that it is appropriate for the Commission to discuss their feelings on the matter for incorporation in the
Findings of Denial.
Public Hearing closed.
Commissioner Honan noted that she encourages small businesses in the City but if a business owner wants to run
a business, they must understand what the Use Permit entails. She stated that if the owner of the bar wishes to
operate a business in the City of South San Francisco they must understand the Use Permit requirements. She
noted that the applicant stated he did understand the Use Permit when he does not. She further noted that when
an applicant ties the Commission's hands it is difficult to have them keep their business and or use permit.
Vice Chairperson Teglia asked staff to verify that the revocation of the Use Permit would not shut down the bar
but only eliminate the karaoke and live music. Chief Planner Sparks replied that this was correct. Vice
Chairperson Teglia noted that under the circumstances it is difficult for the applicant to operate under the Use
Permit. He asked if the Permit was revoked would the applicant does an opportunity in the future to reapply for
this permit again? Chief Planner Sparks noted that this was not a revocation with prejudice and the applicant could
apply for a Use Permit in the future.
Motion Sim / Second Giusti to continue Evidentiary Hearing to revoke Use Permit UP96-090 to February 3,
2005 to allow the City Attorney's office to revise the Findings of Denial. Approved by unanimous voice vote.
Silvestri Family/Owner and Applicant
151 So. Linden Ave,
P04-0138:UP04-0037 & DR04-0080
Use Permit allowing outside storage racks for concrete garden vases and ornaments with a maximum height
of 12 feet and a 12 foot tall fence along South Linden Avenue, Cultural Arts In-lieu Fee Contribution allowing
a landscape area of 2,412 square feet instead of the required minimum of 4,356 square feet and Design
Review of outside storage racks for concrete garden vases and ornaments, a 12 foot tall fence, revised
parking areas and landscaping at 151 South Linden Avenue in the Industrial Zone District (M-I) in
accordance with SSFMC Chapters 20.30 and 20.101.
Senior Planner Carlson presented the staff report.
Bill Mahar, Architect, noted that they are replacing a fire damaged building. He asked the Commission to consider
vertical landscaping along the property to be counted towards the Cultural Arts Tn-Lieu fee and lower their
contribution.
Public Hearing opened.
Planning Commission Meeting of February 3, 2005
Chairperson Teglia and noted that it will be a pleasure serving on the Commission.
Recess called at 7:4:3.
Recalled to order at 7:56 p.m.
AGENDA REVZEW
No Changes
ORAL COMMUNZCATTONS
None
CONSENT CALENDAR
Approval of regular meeting minutes of 3anuary 6, 2005.
Britannia Oyster Point I!
Slough BTC, LLC/Owner
Jon Bergsch neider/Applicant
333 Oyster Point Blvd.
P03-0138: UP03-0027, EZR03-000z, TDM03-000z & DA04-000z
Continued to
February 17, 2005
Use Permit and Preliminary TDM Plan to construct a three-building R&D complex on an 8.84-acre site along the
northerly side of Oyster Point Boulevard, north of the Eccles Avenue. The project consists of three buildings
totaling 315,444 sq. ft.; parking is provided at a ratio of 2.8 spaces per 1,000 sq. ft. through a combination of
surface parking and a 6-level parking garage.
Draft Environmental Tmpact Report EIR03-0001
Development Agreement DA04-0001
Christy's Bar & Grill
Christina Lee, applicant
Satya Narayan, owner
309 Airport Boulevard
UP-96-090
Findings of
Denial Adopted
Evidentiary Hearing to revoke Use Permit UP-96-090 for an existing cocktail lounge with live entertainment
in the Downtown Commercial Zone District (D-C-L), in accordance with SSFMC Section 20.91.030.
(Continued from January 20, 2005 for review and approval of findings in support of revocation.)
Commissioner Prouty noted that he had reviewed the information pertaining to the projects,
Motion Zemke / Second Sim to approve the Consent Calendar with Commissioner Giusti abstaining from
approving the minutes of 3anuary 6, 2005. Approved by unanimous voice vote.
PUBLTC HEARING
Britannia East Grand Master Plan Development Agreement
Britannia East Grand Cherokee San Francisco LLC-owner
Slough Estates-applicant
450 East Grand Ave.-Easterly terminus of East Grand Avenue (former Fuller O'Brien site)
Britannia East Grand Master Plan Development Agreement 1) Annual review of Development Agreement and 2)
Proposed modifications to Development Agreement.
Principal Planner Kalkin presented the staff report.
DATE: March 23, 2005
TO: Honorable Mayor and City Council
FROM: Marty Van Duyn, Assistant City Manager
SUBJECT: APPEAL OF PLANNING COMMISSION REVOCATION OF
USE PER_MIT # UP-96-090 REGARDING CHRISTY'S BAR & GRILL AT 309
AIRPORT BOULEVARD
RECOMMENDATION
It is recommended that the City Council grant the applicant's request to continue the matter to the
City Council meeting of April 13, 2005.
BACKGROUND / DISCUSSION:
At the applicant's request the matter was continued from the City Council meeting of March 9, 2005 until
the Council's meeting of March 23, 2005.
The applicant requests that the City Council continue the matter until the next regularly scheduled Council
meeting on April 13, 2005 in order that the applicant may confer with his legal representative. City staff
including the Police Department does not have a concern with the apphcant's request.
CONCLUSION
The City Council should continue the matter to the meeting of April 13, 2005.
By:
y. <m ~ . , ;~ ·
City Managerk..._
-11-
Planning Commission
Staff Report
DATE: January 20, 2004
TO: Planning Commission
FROM: Sgt. Alan Normandy, Police Planning Liasion
SUBJECT:
Revocation of Use Permit allowing karaoke and live music until 1AM at an existing
cocktail lounge in the Downtown Commercial (D-C) Zone in accordance with SSFMC
Sections 20.26.060(a), 20.26.030(c) and Chapter 20.91.
Owner: Golden Dragon 888 LLC
Applicant: Evelyn Kuo and Kent Sato
Site Address: 309 Airport Boulevard
Case No.: UP 96-090
RECOMMENDATION
It is recommended that the Planning Commission Revoke Use Permit 96-090 allowing karaoke and
live music until 1AM at an existing cocktail lounge, subject to making the findings of denial.
This revocation is based on numerous Police Department investigations of violations of the Use
Permit as listed below, as well as general disregard for the conditions as stated on said Use Permit.
BACKGROUND / DISCUSSION:
Christie's Bar & Grille is located at 309 Airport Boulevard between Grand Avenue and Fourth Lane. In
October of 1996, the property owner obtained Use Permit 96-060 to expand business activities to include
karaoke, only after the Police Department had received numerous complaints of unauthorized live music
karaoke activities in September of 1996.
The abridged and pertinent portions of the Christy's Use Permit #UP96-090 are listed below in italics:
Noise Concerns
a. This application was brought to the attention of the Planning Commission as a result of
noise complaints reported to the Police Department stemming from unauthorized live
music and karaoke activities during the month of September. The Police Department
has concerns that these noise complaints will continue and increase without mitigation;
therefore
Prior to commencing any live music or karaoke use on site, the applicant shall
hire a professional acoustical or noise consultant to conduct a study and do
test readings to determine if the proposed use will be within acceptable limits
of the city's noise ordinance, Chapter 8.32, for areas above and adjacent to
the proposed use.
-12-
Staff Report
Subject: Chrisfie's Bar and Grill
Date: January 20, 2005
Page 2 of 5
Use Conditions
a. The only forms of entertainment allowed are karaoke (audience participation sing
along) and live music with limited dancing. No other form of entertainment is allowed
without modification of their use permit.
The applicant shall apply for a dance premise business license and shall comply with
Chapter 6.48 of the municipal code regulating dance premises and rental halls. This
chapter also authorizes the Police Department to revoke or suspend the dance premise
license without public hearing should negative activity on site constitute a public
nuisance. The premise business site clearance shall be completely approved prior to
any dance activity or entertainment occurring on site.
The Police Chief may immediately suspend the operation of this business pending a
hearing on the revocation of this Use Permit, if the Chief finds that there violations of
the use permit conditions and/or ABC license, or there is a single significant violent
crime or single significant incident warranting multiple police units or multiple police
jurisdiction response with the operation of this use, which he determines is detrimental
to public health of safety.
After the Planning Commission granted the Use Permit pursuant to the aforementioned specified
conditions placed on the business, several issues have arisen and discovered by the Police Department
since November of 2003.
On November 11, 2003, the Police Department investigated an Assault with a Deadly Weapon
that occurred at Christie'S Bar and Grille, located at 309 Airport Boulevard (SSF Police Case
Report #03-11-30-006).
2. In December of 2003, then-Planning Sgt. Jim Thane met with the owners of Christie's in
response to multiple public safety concerns.
o
In his letter to the owners dated December 8, 2003, then-Sgt. Thane addressed specific
concerns raised as to "noise regulation comphance, non-approved uses, and an assault with a
deadly weapon."
Sgt. Thane held several conversations with the owners, Evelyn KUO and Kent SATO, and
clarified specific issues of concern as to their Use Perm/t #UP-96-090, as approved by the
Planning Commission on October 17, 1996.
As a result of those conversations, the owners indicated a complete understanding of their Use Permit
conditions, and assured Sgt. Thane that they would comply.
At this time, the owners of Christie's were advised that the Assault with a Deadly Weapon qualified as the
"single significant violent crime," and subsequent incidents could lead to action against their business.
-13-
Staff Report
Subject: Christie's Bar and Grill
Date: January 20, 2005
Page 3 of 5
In December of 2003, Christie's Bar commissioned Nigel Breitz Acoustics to perform an
acoustical study. On December 12, 2003, Nigel Breitz Acoustics sent a letter to Mr. SATO stating
that a study had been conducted.
The Planning Div/sion rejected that acoustical study as inadequate. As such, Christie's was not
approved for karaoke or live music at that time.
In early February of 2004, the Police Department learned that Christie's had booked an event for
February 28, 2004. This event was slated to begin at 1 p.m. and end at 1 a.m, with an expected
100+ people in attendance. At the time of this discovery, no Dance Hall Permit application had
been filed with the Community Relations Sergeant, in violation of Section 2b of their Use Permit.
On February 13, 2004, Nigel Breitz Acoustics sent Mr. SATO another letter memoriahzing sound
measurements taken at that site. The Planning Division was in the process of reviewing that
document, such that the karaoke, live music and limited dancing uses had not been approved as yet.
· On February 17, 2004, Sgt. Normandy with Mr. SATO and advised him that this event was illegal
without first applying for a Dance Hall Permit.
· Mr. SATO contacted Police-Community Relations and applied for permit, after the event had been
advertised to the public at large via radio.
On February 19, 2004 it was determined that the number of invitees per the application, was in
direct violation of the maximum occupancy of the State Fire Code, which limited Christie's to 50
people on site, to include employees. As a result, no permit was issued and the event was
cancelled.
There is little doubt that without the early intervention of the Police Department, this potentially hazardous
event would have taken place.
· On March 29, 2004, Lt. Jim Thane noted that Christie's had erected signage that indicated
"Karaoke every Friday and Saturday."
· Lt. Thane had prior knowledge that the Planning Division had not yet approved this use.
To prevent further violations, the Police Department initiated contact with the owners, who
promised to remove the signs until approval was obtained. Mr. SATO said he would remove the
signs, as the Karaoke use was not officially permitted at that time. Mr. SATO promised to remove
the signs by March 30, 2004, but fa/led to do so.
· About a week later, in April of 2004, Christie's Bar was approved for karaoke activities.
On September 25, 2004, Police Department personnel discovered that Cb.ristie's had hired a Disc
Jockey known as "Club 650." Christie's Use I_ 14'- does not allow amplified or live entertainment
- only "karaoke (audience participation sing atong) and live music with limited dancing."
StaffReport
Subject: Christie's Bar and Grill
Date: January 20, 2005
Page 4 of 5
Further, Christie's had requested a $5.00 cover charge for all patrons. Police on scene also noted
large crowds forming on the sidewalk, creating issues with ingress and egress. Additionally, the
establishment was not closed at 2:00 am, as required by their ABC license.
On September 27, 2004, Sgt. Normandy spoke with Mr. SATO. Sgt. Normandy advised him that
the cover charge moved them into a "concert" or "night club" venue, which was not an approved
use. Sgt. Normandy advised him that he was rated for karaoke use, live (non-amplified) music and
limited dancing only.
Sgt. Normandy advised Mr. SATO that a Disc Jockey without dancing did not fit the definition of
their approved use. Sgt. Normandy advised Mr. SATO that the bar doors must be closed at 2 a.m.,
as failure to do so was a violation of both their ABC license and their Use Permit.
· Mr. SATO promised to stop these activities and to comply immediately.
One week later, on October 2, 2004, the Police Department responded to a complaint of an illegal
rap contest. A citizen reported a large group of people "hanging outside of Christie's Bar and
loitering."
Approximately 20 persons were again blocking the sidewalk. Officers attending to this disturbance
noted the distinct odor of marijuana throughout the establishment, and patrons were subjected to a
$10 cover charge.
Det. Gil was aware of the previous week's incident, and contacted Mr. SATO, who was on site.
Mr. SATO closed the event immediately. Five police units responded to disperse the crowd, and
photographs were taken. Det. Gil had another conversation with Mr. SATO about the Use Permit
concerns. Again, no dancing was noted.
Section 2c of their Use Permit states:
"The Police Chief may immediately suspend the operation of this business pending a hearing on the
revocation of this Use Permit, if the Chief finds that there violations of the use permit conditions and/or
ABC license, or there is a single significant violent crime or single significant incident warrantin?
multiple police units or multiple police jurisdiction response with the operation of this use, which he
determines is detrimental to public health of safety."
The October 2nd incident alone qualifies as such a violation.
On October 4, 2004, Sgt. Normandy received a phone call from Kent SATO. He said that he was
"confused" about the Use Permit issues. SATO said he called ABC to determine if a cover charge
was a violation of his ABC license. He acknowledged that he did not contact me to seek
clarification.
-15-
StaffReport
Subject: Chrisfie's Bar aud CnSll
Date: January 20, 2005
Page 5 of 5
He admitted that he knew that these activities had a direct impact on his Use Permit. SATO said
that he would apply for a new Use Permit via the Plann/ng Division, aud would cease further
activities until approval was obtained.
Mr. SATO stated that he was confused as to the meaning of"live music with limited dancing."
Mr. SATO said he believed it meant the same as "live entertainment."
Mr. SATO also admitted that he did NOT seek clarification from the Plauning Division or the
Police Department, or refer to the Use Permit, before proceerting with such unapproved activities.
CONCLUSION
The Pohce Department's investigations reveal several violations of conditions of the Use Permit #96-060,
and su~cient.grounds exist to substantiate a revocation. ~
Attachments:
Findings of Denial
-16-
Planning Commission
Staff Report
DATE:
February 3, 2005
TO:
Pla~nlng Commission
FROM:
Steve Carlson, Senior Planner
SUBJECT:
Revocation of Use Permit allowing a karaoke'and live music until 1AM at an
existing cockta/1 lounge in the Downtown Commercial CD-C) Zone in accordance
with SSFMC Sections 20.26.060(a), 20.26.030(c) and Chapter 91.
Owner: Golden Dragon 888 LLC
Applicant: Evelyn Kuo and Kent Sato
Site Address: 309 Airport Boulevard
Case No. UP 96-090
RECOMMENDATION:
That the Planning Commission Revoke Use Permit 96-090 allowing a karaoke and live
music until 1AM at an existing cocktail lounge and adopt the Findings.
BACKGROUND/DISCUSSION:
The Planning Commission conducted a public hearing to consider the Revocation of the Use
Permit at the Commission meeting of January 20, 2005. At the meeting the Commission took
testimony from City staff and Kent Sato. The Planning Commissioners voiced additional
concerns and directed City staff to revise the Findings. Staff has revised the Findings
incorporating the Planning Commissioners comments.
S~e Carlson, Senior Planner
Attachments:
Findings in Support of Revocation of Conditional Use Permit
Planning Commission January 20, 2005 Draft Meeting Minutes
StaffReport o£ January 20, 2005
-17-
StaffReport
Subject: Appeal of Use Permit Revocation
Page 6 of 6
Attachments:
Planning Commission
Findings of Denial
Appeal Letters
Applicant's January 2005 Letter (Referenced in the PC Minutes)
City Council
StaffReport
March 23, 2005
Planning Commission
Meeting Minutes
January 20, 2005
February 3, 2005
Staff Reports
January 20, 2005
February 3, 2005
-18-
AGENDA ITEM #11
DATE:
TO:
FROM:
SUBJECT:
April 13, 2005
Honorable Mayor and City Council
Susan Kennedy, Assistant to the City Manager
SOUTH SAN FRANCISCO'S PARTICIPATION IN LOCAL HAZARD
MITIGATION PLANNING
RECOMMENDATION
It is recommended the City Council approve the direction of this project and submission of the
necessary documents in draft form to ABAG and FEMA for comments and approval. A
resolution will be brought before Council once FEMA approval has been received.
BACKGROUND/DISCUS SION
The federal government has passed legislation known as the Disaster Mitigation Act of 2000 (DMA
2000). This legislation requires all local governments to develop and adopt a disaster mitigation plan.
ABAG applied for funding to prepare this plan on a regional level and has served as the lead agency in
developing a template and a submission process.
Each local agency has submitted a letter of intent to participate in this process, attended various
workshops and meetings and have reviewed and commented on ABAG's efforts to date. Members of
City Staffhave also met to review the various components of the Mitigation Plan. A FEMA requirement
being met at this evenings meeting, is making a presentation at a public meeting that allows for
questions and comments. Information will also be posted on the City's web page once the draft is
submitted to ABAG and FEMA for comments.
CONCLUSION
Once completed, the Mitigation Plan will become a part of the City's Emergency Plan and will
be reviewed and revised as appropriate every five years per the requirements of the Disaster
Mitigation Act.
Assistant to anager
Attachment: Draft Plan
klger~"~. Nagel
City Manager
DRAFT - Local Hazard Mitigation Plan ANNEX
City of South San Francisco
Introduction
The City of South San Francisco is a moderately-sized city in San Mateo County, California.
The City has a population of 60,592 people, based on the 2000 census1. Last year, the City's
budget was $54,535,500. The City employs 430 people. The City provides police and fire
services, including its own paramedic ambulance transport capabilities.
- DRAFT
The Planning P ocess
This process of preparing this plan was familiar to the City of South San Francisco. In addition
to the ongoing disaster planning the City performs in conjunction with the San Mateo County
Office of Emergency Service, the City also has a Safety Element to its General Plan. This plan
was last updated 1999 and includes a discussion of fire, earthquake, flooding, and landslide
hazards. In addition, the City routinely enforces the requirements of the California
Environmental Quality Act (CEQA) requirements (which, since 1988, have required mitigation
for identified natural hazards). The City's effort has focused on building on these pre-existing
programs and identifying gaps that may lead to disaster vulnerabilities in order to work on ways
to address these risks through mitigation.
Many of the activities conducted by the City were discussed during the planning process for the
multi-jurisdictional plan. The City participated in various ABAG workshops and meetings
throughout the development process. In addition, the City has provided written and oral
comments on the multi-jurisdictional plan. Finally, the City provided information on facilities
that are viewed as "critical" to ABAG.
Key members of City Staff met to identify and prioritize mitigation strategies appropriate for the
City. Staff involved in these meetings included the Chief Building Official, Assistant to the City
Manager, Public Works Director, an Engineer, the Director of Housing, a Fire Battalion Chief
and a Police Captain. At the fa'st meeting, the general priorities and appropriate City
departments were identified. Subsequent meetings have addressed the programs already in place
and new programs that may be appropriate to undertake in the future. City Staff presented
information to the public and the City Council during a regularly scheduled meeting, on April
13, 2005. This meeting was also televised. The resolution adopting the plan and strategies will
be on the City Council agenda as soon as comments are received from FEMA and finalized. The
mitigation strategies will become an implementation appendix to this Safety Element. [Note- this
paragraph wffi be changed after the resolution is actually adopted to indicate Council's approval.]
] For complete Census information on this city, see http://~.bayareacensus, ca. gov/.
City of South San Francisco - Annex DRAFT 1 April 13, 2005
and Risk Assessment
The City's hazards and risks are generally consistent with those identified in the ABAG multi-
jurisdictional Local Hazard Mitigation Plan, to which this is an Annex, except as described
below.
While the City has undertaken a number of general hazard mapping activities since the first
Safety Element was prepared by the City, all of these maps are less detailed and are not as
current as those shown on the ABAG website at http://quake, abag. ca, gov/mitigation/.
Information on disasters declared in San Mateo County is at
http://quake, abag. c~[~,o~,/mitigation/disaster-history.html. Of the 19 disasters declared in San Mateo
County from 1950-2000, thirteen were related to floods and/or winter storms.
The City examined the hazard exposure of City urban land based on the information on ABAG's
website at http://quake, abag. ca. gov/raitigation/pickdbh2.html. Of the 5,869 urban acres in the City,
256 acres are in the 100-year flood plain, while an additional 142 acres are in other
flood-prone areas;
nothing in South San Francisco is subject to dam inundation;
· 144 acres are in areas of existing landslides;
· 3244 acres are in areas of moderate, high, or very high liquefaction susceptibility;
· 1685 acres are in the highest two categories of shaking potential, in large part
because the San Andreas fault runs through the eastern portion of the City;
· 137 acres are subject to high or very high, wildfire threat and no acreage in the
extreme category.
The City also examined the hazard exposure of infrastructure based on the information on
ABAG's website at http:#quake~abag, ca. gov/mitigation/pickdbh2.htrnl. Of the 177 miles of roadway
in the City,
* six miles of roadway are in the 100-year flood plain, while an additional five miles
are in other flood-prone areas;
none of our roadways are in an area subject to dam inundation;
· four miles of road are in areas of existing landslides;
· 37 miles of roadway are in areas of moderate, high, or very high liquefaction
susceptibility;
· All 177 miles of roadway are in the highest two categories of shaking potential;
· four miles of roadway are subject to high, very high, or extreme wildfire threat, and
79 miles of roadway are in wildland-urban interface threat areas.
Finally, the City examined the hazard exposure of critical health care facilities, schools, and city-
owned buildings based on the information on ABAG's website at
http://quake, abag. ca. gov/mitigation/pickcrit.html. Of the critical facilities in the City,
· while no critical health care facilities, or schools are in either the 100-year flood
plain or in other flood-prone areas, eight city-owned facilities are located in this area;
City of South San Francisco - Annex DRAFT 2 April 13, 200S
· no critical health care facilities, schools, or city-owned facilities are in an area
subject to dam inundation;
· while no critical health care facilities or schools, are in areas of existing landslides,
one city-owned facility is in this area;
· while no critical health care facilities, or schools are in areas of moderate, high, or
very high liquefaction susceptibility, 26 city-owned facilities are located in these
areas;
· one hospital, 17 schools, and 40 city-owned facilities are in the highest two
categories of shaking potential;
· eight schools and two city-owned facilities are located in wildland-urban interface
threat areas.
Based on the information on ABAG's website at http://quake, abag. ca. gov/mitigation/pickflood, html~
there are four properties with repetitive losses located in the City's flood-prone areas, totaling
$572,883 in claims. Currently the City has been in partnership with the San Mateo County Flood
Control District to improve Colma Creek and reduce flooding issues in these areas. FEMA is
currently in the process of re-drawing the flood plain area and this section would be revised
accordingly.
The City plans to continue working with ABAG during 2005 to improve the risk assessment
information being compiled by ABAG by providing information on unreinforcod masonry
buildings and so~-story apartments located in the City we well as updating other information as
appropriate.
Mitigetion Activities end Priorities
As a participant in the ABAG multi-jurisdictional planning process, City of South San Francisco
staff helped in the development and review of the comprehensive list of mitigation strategies in
the overall multi-jurisdictional plan. The list was discussed at a meeting of the Chief Building
Official, Assistant to the City Manager, Public Works Director, an Engineer, the Director of
Housing, a Fire Battalion Chief and a Police Captain on February 21, 2005. At the meeting, all
of the mitigation strategies were reviewed. The tentative decisions on priorities were made
based on a variety of criteria, not simply on an economic cost-benefit analysis. These criteria
include being technically and administratively feasible, politically acceptable, socially
appropriate, legal, economically sound, and not harmful to the environment or our heritage.
Over time, we are committed to developing better hazard and risk information to use in making
those trade-otis. We are not trying to create a disaster-proof region, but a disaster-resistant one.
In addition, several of the Strategies are existing City programs.
These draft priorities were submitted to the City Manager for review. An overview of draft
priorities were then provided to the City Council on April 13, 2005 during a televised council
meeting. Comments and questions were encouraged from the council and the public. The final
strategies (as shown in the attached Table) will become an Implementation Appendix to the
City's Safety Element.
City of South San Francisco - Annex DRAFT 3 April 13, 2005
In addition, the City examined the hazard exposure information to City-owned critical facilities
supplied by ABAG. Several projects have akeady been undertaken to address the issue of
seismically unsafe buildings. City Hall, Grand Avenue library, the Water Quality Control Plant
and Fire Station 62 have been retrofitted in the past several years and Central Fire Station will be
replaced with a new facility in late 2005 via the renovation of the Black Mountain Water site at
480 North Canal..
The Plan Update Process
The City of South San Francisco is committed to reviewing and updating this plan annex at least
once every five years, as required by the Disaster Mitigation Act of 2000. The City Planning
Director will contact ABAG four years after this plan is approved to ensure that ABAG plans to
undertake the plan update process. If so, the City again plans to participate in the multi-
jurisdictional plan. If ABAG is unwilling or unable to act as the lead agency in the multi-
jurisdictional effort, other agencies will be contacted, including the County's Office of
Emergency Services. Counties should then work together to identify another regional forum for
developing a multi-jurisdictional plan.
Annex-DMA 2000 project (F drive) DRAFT
City of South San Francisco - Annex DRAFT 4 April 13, 2005
1GEND 4 ITEM #12
DATE:
TO:
FROM:
SUBJECT:
April 13, 2005
Honorable Mayor and City Council
Susan Kennedy, Assistant to the City Manager
RESOLUTION APPROVING PACWIC COAST FARMERS' MARKET
ASSOCIATION (PCFMA) AS THE OPERATOR OF A CERTII:PlED
FARMERS' MARKET IN ORANGE MEMORIAL PARK
RECOMMENDATION
It is recommended the City Council approve Pacific Coast Farmers' Market Association as the
operator of a certified Farmers' Market in Orange Memorial Park from May through
November and authorize the City Manager to execute an agreement and expend funds not to
exceed $26,000 over the next three years to promote and revitalize the South San Francisco
Farmers' Market.
BACKGROUND/DISCUSSION
The City of South San Francisco initiated the implementation of a Farmers' Market located in Orange
Memorial Park in 2000 designating California Farmers' Market Association (CFMA) as the operator.
While numerous residents and members of neighboring communities enjoyed and supported the market,
oversight and vendor participation was sporadic. As a result, the City ended their relationship with
CFMA and initiated a search for another operator to revitalize the market and continue to provide South
San Francisco residents with quality certified products.
Two parties expressed an interest in submitting proposals for consideration, Pacific Coast Farmers'
Market Association (PCFMA) and Pumpkin Depot, who would be affiliated with the Italian American
Citizen's Club. Proposals were submitted and reviewed by staff with the Farmers' Market sub-
committee.
PCFMA has been operating certified Farmer's Markets since 1988. In 2004 they operated 28 markets
around the Bay Area and are recognized as one of the top Associations in the State of California.
Pumpkin Depot is a certified grower and has operated its own pumpkin patch and Christmas tree lot for
the past fifteen years.
CONCLUSION
Pacific Coast Farmers' Association has a long history with operating and producing certified Farmers'
Markets. They are committed to working with the City to create a successful, viable event which will
offer quality certified products and quality non-agricultural products within a family-oriented
Staff Report
Subject: (Pacific Coast Farmers' Market as operator of certified Farmers' Market)
Page 2
environment.
Given their strong presence and success in managing other markets in the Bay Area and San
Mateo County, Staff recommends Council approve the attached resolution. Funding is available
for the first payment of $12,000 in the 2004-05 budget. It is anticipated the Market's Opening
Day will occur on May 14, 2005.
By:
Susan E. Kennedy
Assistant to the City Manager
~q~-~ IV[. N age~ City Manager
Attachments:
Resolution
Proposed Scope of Services
PCFMA proposal
RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING PACIFIC COAST FARMERS' MARKEq'
ASSOCIATION AS THE OPERATOR OF A CERTIFIED FARMERS'
MARKET IN ORANGE MEMORIAL PARKA_ND AUTHORIZING AN
AGREEMENT IN AN AMOUNT NOT TO EXCEED $26,000 OVER
THE NEXT THREE YFakKS TO PROMOTE AND OPERATE THE
SOUTH SAN FRANCISCO FARMERS' MARKET
WHEREAS, staff desires approval of Pacific Coast Farmers' Market Association as the
operator of a certified Farmers' Market in Orange Memorial Park; and
WHEREAS, City Council desires to enter into an agreement with the Pacific Coast Farmer's
Market Association in an amount not to exceed $26,000 over the next three years to promote and
operate the South San Francisco Farmers' Market; and
WHEREAS, funding in the amount of $12,000 for the first payment is available from the
2004-05 Operation Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the City Council hereby approves Pacific Coast Farmers' Market Association as the
operator ora certified Farmers' Market in Orange Memorial Park and authorizes an agreement in an
amount not to exceed $26,000 over the next three years to promote and operate the South San
Francisco Farmers' Market.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the
agreement on behalf of the City of South San Francisco.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the City Council of the City of South San Francisco at a meeting held on
the __ day of ,2005 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
S:\CurrenI Reso'sgg-13-05farmem.markeLdoc
ATTEST:
City Clerk
PROPOSED SCOPE OF SERVICES
SOUTH SAN FRANCISCO FARMERS' MARKET
The new umbrella organization would manage and operate a Certified Farmers' Market
in South San Francisco. The management and operation would be in adherence with a
General Plan once both parties to:
Market Site
The existing site for the market is Orange Memorial Park to the rear of the Recreation
Building. Terms and conditions for use of the site will be created between the City and
the umbrella organization.
Organization and Strllcture Manaeement
The umbrella organization specializes in quality grower recruitment, integrating local
community/merchant programs and "market specific" marketing and promotion efforts.
The primary target market is within a 3-5 mile radius of the Market Area. It will be
necessary to develop and implement an action plan mutually beneficial to the South San
Francisco Community and the Certified Farmer's Market. Market rules and regulations
will need to be developed and modified to reflect the specific needs of the City of South
San Francisco and the San Mateo County Environmental Health Department. Contact
will be made with the necessary City, County and Local Government agencies to obtain
the necessary permits and licenses. The County Agricultural Commissioner will be
contacted as necessary.
Grower Recruitment and Coordination
The market should provide an array of high quality produce with emphasis on heirloom
and specialty items not found in local stores. It is important the provider recruits,
maintains and secures growers to yield a product mix and variety each market day to
provide optimal grower supplies to satisfy market visitors.
Operations and Manaaement
The South San Francisco Certified Farmers' Market will take place each Saturday, 9:00
AM to 1:00 PM May through November with consideration given to operating on a year-
round basis if both parties agree this is a viable option. The provider will obtain,
maintain and supervise the management of the Certified Farmer's Market in a manner
that will effectively assure safety and satisfaction of the market visitors. The provider
will also assure adherence and enforcement of State and Local Agricultural and Health
Regulations and all applicable state and local laws. Adherence to market rules and
regulations, product quality, set-up and clean-up procedures is also expected. Market
Day systems to be implemented include: Posting signage, and Information Booth,
Customer Relations, Grower Placement, Traffic Flow within the market area itself and
access to restroom facilities. The Provider is expected to secure liability insurance,
which meets City requirements and lists the City of South San Francisco as additional
insured.
Promotion
The marketing promotion, publicity and community outreach plan will be formed and
executed in cooperation with the City of South San Francisco. Emphasis will be a
"community oriented" marketing approach. Seasonal promotions and special events such
as, Comparative Tastings, Cooking Demonstrations, Recipe Promotions, Merchant at the
Market Program, Music, Face Painting etc. should be implemented in cooperation with
other Community Services programs and activities held at the Market.
General Information
Insurance Coverage will include at a minimum, Commercial General Liability Coverage,
Automobile Liability Coverage and Workers' Compensation insurance as required by the
Labor Code of the State of California. Specific limits will be discussed during
negotiations.
Past markets have started the season with 25-27 growers and seven (7) non-agricultural
providers. We would like to see a new market strive to meet or surpass this number. The
inclusion of a seafood stall is highly desirable as well.
March 31, 2005
Pacific Coast
Farmers' Market Association
A non-profit community services organization
Susan Kennedy
Office of the City Manager
City of South San Francisco
City Hall
400 Grand Avenue
South San Francisco, CA 94080
Dear Ms. Kennedy:
The Pacific Coast Farmers' Market Association is pleased to submit this proposal to operate the Certified
Farmers' Market in the city of South San Francisco in 2005.
We recognize that the city of South San Francisco and its residents are familiar with Certified Farmers' Markets
and accustomed to having a farmers' market in the community. If PCFMA were chosen to operate the market in
South San Francisco, it would not be our goal to attempt to negate the investment the city has already made in its
market by making wholesale changes to the market' s operation, but instead to build upon those elements of the
market's operation that have proven successful in order to help the market reach its full potential as a space for
commerce, health information, community gathering and connections among neighbors.
We propose to keep the market's current day and time of operation. We propose an operating season of May 14
through November 19, 2005. While the proposed season is shorter than last year's season by a few weeks, we feel
this change is essential to providing sufficient preparation time before opening day and allowing the market to
enjoy a big closing day that will leave consumers anxious to return to the market the following spring.
We believe that the South San Francisco Certified Farmers' Market should be a reflection of its community - a
vibrant marketplace that serves as a gathering place for all residents. The market should provide a source of fresh
and nutritious food while supporting local businesses and civic organizations.
PCFMA is the largest operator of Certified Farmers' Markets in California:~ and the second largest in the nation.
PCFMA is also recognized as a leader in California's agricultural direct marketing industry. The organization's
size and position in the industry make PCFMA well-qualified to take on the challenge of operating the South San
Francisco Certified Farmers' Market and supporting it to become an integral pan of the local community.
If selected to operate the South San Francisco Certified Farmers' Market, we pledge to contribute our 16 years of
experience in establishing, operating and promoting Farmers' Markets to making the South San Francisco
Certified Farmers' Market a success.
If you have any questions about the Pacific Coast Farmers' Market Association or this proposal, please feel free to
contact me at 925-825-9090. Thank you for your attention and consideration.
oh~n~Silveira
Director
5056 Commercial Circle, Suite E · Concord, CA 94520
Ph: 925-825-9090 · Fax: 925-825-9101
. .
Pacific
Coast
Farmers' Market Association
A Proposal to Operate the South San Francisco Certified Farmers' Market
Goals:
Through the implementation of this proposal, the Pacific Coast Farmers' Market Association seeks to accomplish
five goals:
To operate a Certified Farmers' Market in the City of South San Francisco in compliance with all state
and local laws concerning direct agricultural marketing and the sale of fresh and processed food items.
· To set up and maintain the Farmers' Market in a manner that complements and promotes the City of
South San Francisco's community atmosphere and that enhances quality of life for local residents.
· To provide a wide variety of California-grown, freshly-picked, seasonal fruits, vegetables, nuts, and
greens - including a number of certified organic products - for local consumers.
· To provide an economically viable marketplace for select California Agricultural Producers and other
specialty food producers.
,:p~:e~.?~he C~ed Farmers ,M{~rket .m pr0¥~de a 9ommumty gathering space that ~s Suppomve of local
ci'~%rgani'~ti6h:~i:'¢'~ :.~ ~ ..~ .
Background on Certified Farmers' Markets in California:
Your experience with the current Certified Farmers' Market in South San Francisco has undoubtedly exposed you
to the complex regulatory environment in which these markets are established and operate. While the term
"Farmers' Market" is widely used round the nation, Certified Fam~ers' Markets are unique to California.
California law. allows direct sales by agricultural producers to consumers only at the point of production or at
Certified Farmers' Markets.
Since 1977, California law has required that each Farmers' Market be certified by the county agricultural
commissioner in the county in which the market will operate. Only:nonProfit organizations suCh as PCFMA, local:
governments, or certified producers:~ay oPerate a Certified Farmers' Market, :-
Without the Certified Farmers' Markets, agricultural producers would only be able to sell their commodities at the
point of production, effectively cutting off the producers of rural California from the consumers of urban
California. PCFMA's Certified Farmers' Markets give California consumers in South San Francisco, San Jose,
Vallejo, Oakland and other urban and suburban communities of the San Francisco Bay Area direct access to farm-
fresh products from the very farmers who grew, nurtured and harvested the crops.
There are currently over 400 Farmers' Markets in California, each a reflection of the community it serves. In
addition to serving as sources of farm fresh fruits, vegetables, nuts, greens, herbs and berries, Farmers' Markets
are often the town gathering place - a place to see old friends and meet new ones, an opportunity to speak directly
to the people who grow our food, a chance to pick up the latest recipe, visit a nearby caf6 or stop by a local shop
for a last-minute gift. Farmers' Markets also provide a place for community-oriented events such as harvest
festivals, recipe contests and cook-offs.
PCFMA only operates Certified Farmers' Markets. PCFMA' s Rules and Regulations for Farmers' Markets (see
Attachment 1) were written to accommodate the California Agricultural Direct Marketing Statutes and the
5056 Commercial Circle, Suite E · Concord, CA 94520
Ph: 925-825-9090 · Fax: 925-825-9101
Pacific Coast Farmers' Market Association
Proposal to Operate the South San Francisco Certified Farmers' Market
Page 2
California Uniform Food and Facilities Law. These rules and regulations govern each of PCFMA's markets to
ensure that every producer complies with state and local laws.
Background on the Pacific Coast Farmers' Market Association
The Pacific Coast Farmers' Market Association is a non-profit corporation dedicated to establishing and
maintaining successful Certified Farmers' Markets around the Greater San Francisco Bay Area. PCFMA was
founded in 1988 with the mission to establish and operate community-supported certified farmers' markets that
provide: viable economic outlets for California farmers and food producers, local access to farm fresh products,
support for local businesses, and education concerning food and sustainable agriculture.
In 2004 PCFMA operated 28 Certified Farmers' Markets around the Bay Area, representing 32 market days
weekly. (See Attachment 2.) These markets give farmers and other agricultural producers direct access to
consumers; give consumers access to fresh, locally grown produce; and serve as sites for community gatherings.
PCFMA plays an essential role in establishing and maintaining Certified Farmers' Markets. PCFMA coordinates
with the California farmers who bring their products to market, the California Department of Food and
Agriculture that enforces the Direct Marketing Statutes as set forth by the State Legislature, county Agricultural
Commissioners who approve all Farmers' Market locations and certify California farmers, local county health
departments at each market site, and the markets' sponsors. By acting as a liaison among all these actors, PCFMA
is able to operate successful Certified Farmers' Markets.
For the past three years, PCFMA has partnered with Kaiser Permanente to bring Certified Farmers' Markets to
Kaiser facilities. Through this partnership PCFMA has been able to open additional outlets for California farmers,
introduce the benefits of cating fresh and healthy to new audiences, and to draw upon Kaiser Permanente's
extensive knowledge in health and nutrition to augment PCFMA's own nutrition education efforts. Kaiser
Permanente has benefited by being able to offer its employees and members an additional benefit at low cost, by
having a weekly forum in which they can teach members about nutrition and lifestyle choices, and by raising their
profile in the community as a supporter of healthy activities.
PCFMA current operates Certified Farmers' Markets at eight Kaiser Permanente facilities and is working to open
markets at two to three additional Kaiser facilities in 2005, including a market on Tuesday or Wednesday morning
atthe Kaiser Permanente Medical Center in South San Francisco at 1200 El Camino Real.
In addition to managing the day-to-day operations of its markets, PCFMA also supports its markets by employing
a variety of innovative and time-tested marketing strategies that include market promotions, coordinating special
events, conducting advertising campaigns, performing community outreach, and conducting consumer education
campaigns. This technical expertise goes beyond the markets themselves to include strategies to maximize the
promotional opportunities of Farmers' Markets located in and around retail shopping areas, Business
Improvement Districts and California Main Street Programs.
However, this is the only one small portion of what PCFMA does.
PCFMA also works to forge and sustain a link between California farmers and California's communities. At each
Farmers' Market, PCFMA works to create a sense of neighborhood by respecting local community dynamics and
creating a family-oriented environment.
In addition, PCFMA works to educate the community about healthy eating and sustainable agriculture. PCFMA's
food education efforts encompass nutrition, preparation, storage, food safety, production, and security. In local
elementary schools, PCFMA has incorporated the nationally recognized 5-A-Day Nutrition Curriculum, which
emphasizes good nutrition and healthy eating habits for life. PCFMA's "5-A-Day CafC' provides a hands-on
Pacific Coast Farmers' Market Association
Proposal to Operate the South San Francisco Cert/fied Farmers' Market
Page 3
experience for school children in which they learn about proper portion sizes and how to safely peel and slice
various fruits to make a healthy snack. Best of all, the children get to eat the fi-uits of their labor to discover just
how good healthy foods can be.
To teach the public, especially young people, about sustainable agriculture - a form of the agricultural arts that
strives to work in greater harmony with nature to provide farmers with a thir return for their crops while
protecting the soil and land for future generations - PCFMA has developed the Farm Faire, an interactive exhibit
that demonstrates how a farm operates. The Farm Faire includes an interactive map showing which of California's
agricultural regions grow various crops, bigger _than life displays of beneficial insects, and wooden cows that the
As a part of its community outreach strategy, PCFMA's website provides detailed information about each of
PCFMA's markets, a list of PCFMA's producers statewide, and recipes utilizing the market's seasonal products.
PCFMA's success is apparent in many different areas. PCFMA is the largest Farmers' Market Association in the
State of California and the second largest in the nation. We currently have over 250 certified agricultural
producers that participate at several of the markets that we operate in the Greater San Francisco Bay Area. In
addition to the California small family farmers, 150 non-agricultural producers participate in the markets. These
producers bring variety to the markets in thc form of artisan breads and baked goods, freshly caught fish or
shellfish, specialty cheeses, and many other wonderful locally-produced food items.
PCFMA takes its position as a leader in California's agriculture industry very seriously. Members of PCFMA's
staff and Board of Directors serve on the Board of Directors of the California Federation of Certified Farmers'
Markets and the state's Agricultural Direct Marketing Advisory Committee, and PCFMA is a member of the
North American Farmers' Direct Marketing Association.
PCFMA is governed by a nine-member Board of Directors. Three of the nine members of PCFMA's Board of
Directors are elected by the agricultural producers who sell in PCFMA's markets. The remaining six Board
positions are selected anmmlly by the Directors then serving. (See Attachment 3 for a list of PCFMA's Board of
Directors.)
PCFMA is led by a professional staffwith extensive experience in California's Certified Farmers' Markets.
PCFMA will dedicate an employee to serve as the Market Manager for the South San Francisco Certified
Farmers' Market. This individual will serve as the liaison between the City of South San Francisco, the producers
who sell in the market, the public officials who certify and inspect the Farmers' Markets, and PCFMA. While this
Market Manager will lead PCFMA's efforts to maintain a successful Certified Farmers' Market in South San
Francisco, he or she will be supported by PCFMA's full staffofmanagers, admini.qtrators and marketing experts.
(See Attachment 4 for an overview of the PCFMA staff.)
PCFMA's strength, experience and leadership has contributed to the organization's fiscal strength. Careful
financial planning has allowed PCFMA to develop sufficient financial reserves to invest in promising markets and
new innovations and to weather potential short-term losses that might be caused by weather or natural disasters
that might temporarily interfere with the operation of the markets. To protect itself and its sponsors, PCFMA
maintains a general liability insurance policy in the amount of $2,000,000, listing as additional insureds, each of
the Certified Farmers' Markets PCFMA operates. (See Attachment 5 for a sample Certificate of Insurance.)
PCFMA is proud of the reputation that it has developed in California's Agricultural Direct Marketing Industry
and in communities around the Bay Area. We invite you to contact any of PCFMA's references (see Attachment
6) for more information.
Pacific Coast Farmers' Market Association
Proposal to Operate the South San Francisco Certified Farmers' Market
Page 4
Operations Strategy:
PCFMA believes every market should be a reflection of the community it serves, so it customizes its strategy for
each market, while relying on four basic principles: create a marketplace that is inviting, friendly, safe and tim;
offer the best variety and the biggest selection of top-quality food products that thc market can bear; use the
market as a venue to educate the community about healthy food choices; and establish and enforce a system of
market talcs that promote compliance with local regulatory agencies while supporting the long term sustainability
of the market.
PCFMA's hope is to be given the opportunity to operate Certified Farmers' Markets at both Orange Memorial
Park and the Kaiser Permanente Medical Center in South San Francisco this year. By operating both markets,
PCFMA will have opportunities for cross-promotion - shoppers at the Kaiser South San Francisco market will be
invited to shop the Saturday market at Orange Memorial Park, and shoppers at the Saturday market will be able to
take advantage of the health education and nutritional information made available by the nutrifionists and health
educators at Kaiser Permanente.
PCFMA is committed to establishing a tree partnership with the City of South San Francisco and developing a
market plan that supports PCFMA's mission as well as the goals of the City of South San Francisco. Therefore,
PCFMA welcomes comments and suggestions from the City of South San Francisco concerning its proposals.
Market Operations:
PCFMA currently operates markets on every day of the week, except Monday, as Mondays have become the
nearly universal off-day in the Farmers' Market industry. PCFMA also operates markets that open in the early
morning, in the late morning, and in the early aRemoon. The day of the week and thc timing of the market are set
for each market to accommodate local community dynamics and market goals.
In South San Francisco, PCFMA proposes to maintain the market's current operating schedule of Saturdays from
9:00 a.m. to 1:00 p.m. Maintaining this schedule in the 2005 season will help the market to retain the patronage of
local consumers who have shopped thc market in previous seasons.
Likewise, continuing to operate the market in Orange Memorial Park will help former customers to return to the
market. However, the way in which PCFM proposes to utilize the space may change. PCFMA will work to
design a space that feels vibrant and exciting to the market visitor while serving as a safe space in which the
community can gather, shop, converse and celebrate their community.
Producers in the Market:
Every market that PCFMA operates is unique. The number and mix of producers in the market vary depending
upon market space, producer availability, consumer demand and other factors. To fill the South San Francisco
Certified Fanners' Market, PCFMA will draw upon the 250 Certified Agricultural Producers and 150 other
specialized food producers that sell in the dozens of Certified Farmers' Markets that PCFMA currently operates.
Thc state laws governing Certified Farmers' Markets make a distinction between Certified Agricultural Producers
and other producers and vendors in the market. As a result, every market has a dividing line - invisible to market
consumers - that divides the two types of producers. PCFMA typically works to have 60% of the market served
by Certified Agricultural Producers and 40% filled by other specialty food producers.
Certified Agricultural Producers offer farm fresh, seasonal fruit, vegetables, honey, greens, and nuts - including a
selection of organically grown products. (For a full list of the Certified Agricultural Producers that sell in
PCFMA's Certified Farmers' Markets, see Attachment 7.)
Pacific Coast Farmers' Market Association Page 5
Proposal to Operate the South San Francisco Certified Farmers' Market
The other producers - those not certified by the state as Certified Agricultural Producers - include specialty food
producers and other retailers offering items such as bakery fresh breads and pastries, gourmet cheeses, specialty
sausages, various ethnic foods, fresh cut flowers, locally roasted coffees, hand-crafted soaps and freshly caught
seafood. These vendors offer a variety of ready-to-eat foods, along with condiments, sauces and other specialty
food items for home cooking use. (For a full list of the producers and vendors, other than Certified Agricultural
Producers, that sell in PCFMA's Certified Farmers' Markets, see Attachment 8.)
While the number of selling spaces that are utilized in any single week will vary - due to circumstances such as
weather, farming conditions, product availability and producer availability - PCFMA will work to keep the
market full with a wide variety of products available each week. PCFMA will make a special effort to secure a
seafood vendor for the South San Francisco Farmers' Market as you have identified that as a particular need
within the market.
In addition, PCFMA proposes to devote one space for the use of area community groups and nonprofit
o~ani?ations at no cost. This will allow the South San Francisco Certified Farmers' Market to grow as a
community center and gathering point. These community booths also serve to al~act additional visitors to the
Market.
Similarly, PCFMA will devote one space for the use of local businesses for a nominal charge. Due to the
restrictions on sales in a Certified Farmers' Market these businesses could not sell their goods or services, but
they could promote their business to the hundreds of local residents that will shop the market.
Operations Philosophy:
PCFMA is dedicated to being a professional organiTation that provides a consistently high-quality service to its
consumers, its sponsors and its producers. This philosophy is captured in the formal rules and procedures that
PCFMA employs, as well as in the manner and attitude of all PCFMA employees.
Rules and Regulations:
PCFMA adopted Rules and Regulations at its inception. The Board of Directors is responsible for an annual
review of this important document which is updated on a regular basis. Each producer agrees, as part of their
application process each year, to abide by these Rules and Regulations. The on-site Market Manager enforces the
Rules and Regulations.
PCFMA complies with the California Code of Regulations Title 3. Article 6.5. Food and Agriculture Direct
Marketing, which authorizes Certified Farmers' Markets in California and the California Uniform Retail Food
Facilities Law, which ensures public health and safety.
Management Style:
Developing good communication skills and utilizing them on market days is the single most important managerial
skill a Market Manager can possess. PCFMA conducts training in this important skill for all new managers.
Additionally, we conduct weekly manager meetings to provide support and continuity for our staff.
Community Involvement:
PCFMA welcomes on-going input from its sponsors, local chambers of commerce, and local merchants'
association and other interested community groups. PCFMA sees their role as advisors, particularly on merchant-
Pacific Coast Farmers' Market Association Page 6
Proposal to Operate the South San Francisco Certified Farmers' Market
related issues. We would also hope to have their support and participation in order to implement the cooperative
marketing ideas that support both the market and the surrounding merchants.
Public Relations:
Every PCFMA manager is taught the "Disneyland" approach to working with thc public - the customer is always
fight and the site is always dean, fun and festive.
PCFMA also maintains a list of entertainers that perform a variety of different musical styles at several of
PCFMA's markets. These artists range from jazz trios, to country banjo, to classical harpists. All of the
performers are carefully screened by PCFMA to ensure that their performances will enhance the shopping
experience for market visitors. (For a full list of PCFMA's current entertainers, see Attachment 9.)
Marketing Strategy:
As the largest operator of Certified Farmers' Market in the Bay Area, PCFMA has developed a sophisticated
marketing and promotions function. The South San Francisco Certified Farmers' Market would benefit from
PCFMA's years of experience promoting Certified Farmers' Markets; available resources of display
advertisements, radio spots and television commercials; and established relationships with local media outlets.
PCFMA's typical marketing strategy for a Certified Farmers' Market combines general and market-specific
advertising. The general advertising promotes Certified Farmers' Markets as exciting retail destinations and
encourages consumers to find a market near them by calling PCFMA's toll-free phone number or by visiting
PCFMA's website. Market-specific advertisements would spotlight just the South San Francisco Certified
Farmers' Market, promoting specific market elements or activities. PCFMA also makes extensive use of free
media through a coordinated campaign of press announcements that raise the visibility of the markets in local and
national newspapers and magazines.
PCFMA makes creative usc of online media through a detailed website and a subscription-only c-mail list.
PCFMA's website provides detailed information about each of PCFMA's markets. The c-mail newsletter alerts
subscribcrs to upcoming market events, new products entering thc market and new producers serving the market.
The South San Francisco Certified Farmers' Market would also feature market-based promotions that are
organized and implemented by PCFMA's marketing team, and that are designed to encourage repeat visits by
market consumers. These promotions highlight new products entering the market with discounts, recipes and
nutritional information; offer educational and entertaining activities for children in the market and build a market
community by allowing consumers to register for the Friends of the Farmers ' Market list that offers advance
notice of special events and special discounts for regular customers.
Market events - such as seasonal recipe contests and cooking demonstrations - would help to make the South San
Francisco Certified Farmers' Market a community destination. PCFMA's pop, lar recipe contests encourage thc
purchase of particular products entering the market and give consumers an opportunity to show off their
creativity. Cooking demonstrations featuring local chefs as well as PCFMA's own Grill Crazy summer cooking
demonstration arc not only educational and entertaining, but produce delicious free samples that are proven
crowd-pleasers.
Equally important to the advertising and special events are the relationships that the South San Francisco Certified
Farmers' Market is able to develop with the surrounding community. Here again, PCFMA's experience and
reputation would benefit the market. PCFMA publishes a quarterly newsletter, Market Thymes, which features
seasonal recipes, children's activities and useful articles on subjects such as food storage and nutrition. PCFMA
Pacific Coast Farmers' Market Association
Proposal to Operate the South San Francisco Certified Farmers' Market
Page 7
also produces a wide range of brochures with seasonal recipes and with educational information on organic
farming, sustainable agriculture, nutrition, and food storage and safety.
PCFMA would also offer its programs of education on nutrition and sustainable agriculture to local schools and
help to organiT~ market visits by classrooms. During the visits, PCFMA can make available its Carrot Cash for
the children to be able to buy fresh fruits and vegetables to enjoy. PCFMA can also bring to the market and to the
schools Mr. Carrot, PCFMA's ambassador for healthy eating. This six-foot tall carrot - a member of the PCFMA
staff accustomed to wearing the costume and interacting with market consumers - is wildly popular with children
and adults as he walks through the market, interacting with customers and farmers, and posing for pictures.
Other community outreach efforts that PCFMA can employ include working with local government agencies and
nonprofit organizations to promote public benefit programs that can be used at Farmers' Markets, such as the
Golden State Advantage electronic benefits card that has replaced food stamps and the California Farmers'
Market Nutrition Program serving mothers in the federal WlC program and low-income seniors.
PCFMA would hope to work with the City of South San Francisco to develop a marketing plan that would
successful re-introduce the market to local residents and keep them excited about returning to the market again
and again.
Financial Responsibilities:
PCFMA is committed to making the South San Francisco Certified Farmers' Market popular with consumers,
profitable for producers and supportive of local businesses and community organizations. PCFMA is also
committed to a partnership with the City of South San Francisco that allows the market to achieve the City's
goals.
PCFMA is willing to commit to its partnership with the city of South San Francisco a Market Manager and
PCFMA's experienced marketing and promotions team, under the oversight of PCFMA's professional
management. As a not-for-profit organization, PCFMA does not seek to generate a profit from its markets but
instead seeks to operate its markets at the lowest possible cost to the farmers and other producers selling within
the market, while generating sufficient revenue to support market operations and marketing activities.
Typically, PCFMA asks its sponsors for a contribution of $50,000 to help underwrite starmp costs- with
contributions of $20,000 for each of the first two years and $10,000 in the third year. As the South San Francisco
Certified Farmers' Market is not a new venture, but a continuing - and hopefully improving - venture, PCFMA
asks for a contribution of $26,000 - $12,000 in the first year, $8,000 in the second year, and. S6,000 in the third
year.
In addition, PCFMA would ask the City of South San Francisco to help facilitate and expedite the process of
securing any required conditional use permits for the market site at Orange Memorial Park and the proposed
market at the Kaiser Permanente facility at 1200 El Camino Real.
This investment by the City of South San Francisco in the South San Francisco Certified Farmers' Market will
help the market to establish itself as a conmmnity destination and an integral part of South San Francisco's civic
life.
Conclusion:
The Pacific Coast Farmers' Market Association - its Board of Directors, its staff and its hundreds of producers -
are committed to bringing fresh, nutritious California-grown products to the people through Certified Farmers'
Markets. We offer this proposal in hopes of be allowed to operate the market in the City of South San Francisco
Pacific Coast Farmers' Market Association
Proposal to Operate the South San Francisco Certified Farmers' Market
Page 8
and to continue to grow and develop thc market to reach its fullest potential. Working together we are confident
that the South San Francisco Certified Farmers' Market will grow to become a center of community life and
economic vitality in South San Francisco.
DATE:
TO:
FROM:
SUBJECT:
April 13, 2005
The Honorable Mayor and City Council
Elaine Yamani, Interim Director of Human Resources
RESOLUTION APPROVING PERSONNEL CHANGES INCLUDING
CLASSIFICATION DESCRIPTION AND PLACEMENT ON THE AFSCME
SALARY SCHEDULE
RECOMMENDATION:
It is recommended that the City Council, adopt a resolution, approving the classification
description and salary placement for the proposed reinstatement of the Public Works Inspector
classification within the AFSCME salary schedule.
BACKGROUND:
The Public Works Department has determined to best meet its specific needs for inspection services
that the position of Public Works Inspector should be reinstated to the salary schedules. The position
of Public Works Inspector had a long-standing history within the City until it was removed from
salary schedules in the mid nineties in favor of modifying position descriptions including
Construction Manager. The employee who held the Construction Manager position retired at the end
of 2004. Previously, this position resided in the Engineering Department, however, with the
department reorganization in 2004, the inspection function now resides in the Public Works
Maintenance Department. The Public Works Maintenance Department has performed inspections
with an acting inspector since January 2005 and wishes to return to the basics of the position to insure
projects are properly inspected and encroachment permits are closely monitored. Construction
management will reside with the City Engineer's office, allowing the Public Works Inspector to focus
on the primary task of plans and specification compliance. The job description, last revised in 1970,
has been updated to current requirements. The salary is comparable to the Building Inspector
position. Attached is the salary schedule (Exhibit A) for the classification and the job description
(Exhibit B).
New Classification:
TIn;pector Reason
Public Works ............ New classification as a result of an organizational change.
CB-04/07/05
S:XHR StaffiElainekgtaff ReportskPublic Works InspeetorkPW inspector.doc
Staff Report
Subject: Personnel Changes -Public Works Inspector
Page 2
By:
Elaine ~¢-~mi /
Interim Director of Human Resources
Approved: ..~'~</.. ~, ...... '
Barry Nalel
City Manager
Attachments: Salary Range (Exhibit A) and Class Description (Exhibits B) for Public Works
Inspector
City of South San Francisco
Exhibit A
Below is the salary range for the classifications listed in the staff report to which this is attached.
AFSCME Salary Schedule
~ Title
Public Works Inspector ...........................................................
Monthly Salary Range
$5,238 to $6,368
SP-04/07/05
S:kHR StaffiElaineKqtaff ReportskPublic Works InspeetorkExhibit A-PW hasp.doc
City of South San Francisco
Human Resources Department
Public Works Inspector
Class Description
Definition
Under general supervision, inspects and participates in all phases of construction projects to
insure conformance with approved plans, specifications and departmental regulations; maintain
records and prepare reports pertaining to projects inspected; and performs other related duties as
assigned.
Distinguishing Characteristics
This single-position class performs full range of duties assigned including the performance of the
entire range of field inspection work requiring knowledge of construction inspection principles
and practices.
Typical and Important Duties
1. Reviews and interprets plans and specifications of assigned project; attends bid openings and
preconstruction conferences.
2. Inspects various public works constructions such as utilities, storm sewers, sanitary sewers,
streets, sidewalks, gutters and other off-site construction; check line, grade, size, elevation
and location of structures for conformance with specifications and regulations.
3. Observes work in all stages of progress to assure conformance with standards; ensures that
safety procedures are followed; consults with contractor's supervisory personnel as to
methods of construction to determine their adequacy in relation to standards.
4. As appropriate, approves contract change orders and ensures completion of changes.
5. Inspects and tests, or coordinates and reviews the tests of construction materials such as
concrete, aggregates, soils, pipe and building materials, reviews workmanship and sequence
of operations.
6. Prepares and reviews inspection reports; prepares progress payments and responds to and/or
processes claims.
7. Performs basic survey functions to confirm alignments and grades.
8. Indicates location of various appurtenances on plans.
9. Inspects adjacent properties for damage from construction activity.
10. Prepares periodic reports regarding the status of all projects.
11. Responds to complaints, problems and questions from concerned parties and, as necessary,
takes action to remedy them.
12. Maintains effective communications with other departments and City staff, contractors, other
agencies and the community.
13. Perform related duties as assigned.
City of South San Francisco
Public Works Inspector
Class Description
PaRe 2
Job-related Qualifications
Knowledge of:
· Principles and practices of construction management and public works inspection.
Materials, methods, and practices used in public works construction, including streets,
gutters, sidewalks, drainage systems, underground lines, streetlights, and related facilities.
· Principles and practices of engineering as applied to construction inspection.
· Safety principles, practices, regulations, and procedures related to the work, including OSHA
regulations.
· Applicable federal and state laws, codes, and regulations.
· Applicable mathematics including algebra, geometry and trigonometry as applied to
construction inspection work.
· Basic computer systems and applications related to the work.
Ability to:
· Inspect construction projects to ensure compliance with plans and specifications.
· Reviews public works construction plans and specifications.
· Accurately interpret, apply and explain applicable laws, codes, regulations, and ordinances.
· Detect and locate faulty materials and workmanship and determine the state of construction
during which defects are most easily found and remedied.
· Understand and interpret engineering plans and specifications and prepare accurate
engineering records
· Prepare designs, specifications and cost estimates in specified areas.
· Make engineering calculations of quantities and grades; operate survey instruments.
· Prepare concise and accurate reports, correspondence, change orders, specifications, and
other written materials.
· Communicate effectively in writing, orally, and with others to assimilate, understand, and
convey information, in a manner consistent with job functions.
· Establish and maintain effective relationships with those contacted in the course of work.
· Develop good public relations.
· Represent the City, the department, or the organizational unit effectively in meetings and in
contacts with representatives of other agencies, City departments, private organizations,
individuals, and the public.
· Take a proactive approach to customer service issues.
· Make process improvement changes to streamline procedures.
· Acquire a thorough knowledge of applicable department policies and procedures and a
working knowledge of related City policies, regulations, and procedures.
· Work in a safe manner, following City safety practices and procedures and modeling correct
safety practices; enforce adherence to safety policies and procedures; identify, correct, and
report safety hazards.
· Maintain confidentiality regarding sensitive information.
Skill in
· Using a personal computer and related software.
City of South San Francisco
Public Works Inspector
Class Description
Page 3
Experience and Training
Any combination of experience and training that would provide the required knowledge and
abilities would be qualifying. A typical way to obtain the knowledge and abilities would be:
Experience: Three years of public works construction experience with one year as a construction
foreman or public works inspecting and surveying experience. College-level coursework in an
engineering or construction technology may also be substituted for the initial two years of
experience on a year-for-year basis to a maximum of two years.
Training: Equivalent to graduation from high school supplemented by applicable technical
engineering and inspection coursework. Registration as a California construction inspector is
highly desirable.
Licenses and Certificates
All licenses and certificates must be maintained as a condition of employment.
· Possession of, or ability to obtain, an appropriate valid California driver's license, and a
satisfactory driving record.
Special Requirements
Essential duties require the following physical skills and work environment:
Physical Skills: Able to use standard office equipment, including a computer; sit, stand, walk,
kneel, crouch, stoop, squat, crawl, twist; climb ladders, stairs, and scaffolding; walk on rooftops;
lift and carry 35 pounds; use standard office equipment, including a computer; vision to read a
computer screen and printed materials, including maps and plans and to discern different colored
materials; hearing and speech to communicate in person and over the telephone.
Work Environment: Mobility to work in standard office environment or field setting; exposure to
cold, heat, noise, outdoors, vibration, conf'med workspace, chemicals, explosive materials,
vibration, mechanical hazards, electrical hazards, traffic, and work in attics and crawlspaces;
walk on pitched and flat roofs.
Ability to: Travel to different sites and locations; locations; drive safely to different sites and
locations; maintain a safe driving record; maintain a neat and clean appearance; work extended
hours or off-shift work for meeting attendance or participation in specific projects or programs,
and take call during non-business hours.
Approved: January 1970
Revised Date: April 2005
Former Titles:
Abolished:
Bargaining Unit: AFSCME
ADA Review: 3/2005
DOT: No
Physical: Class 2
Status: Classified/Non-Exempt
EEOC Category: EFg~EJ3
Job Code:
City of South San Francisco
Public Works Inspector
Class Description
Page 4
ADA Documentation of Essential Duties
1. SDE
2. SDE
3. SDE
4. SMA
5. SDE
6. SDE
7. OAE
8. SDE
9. SDE
10. SDE
11. SMA
12. SDE
RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING THE JOB SPECIFICATION AND
SALARY PLACEMENT FOR THE NEWLY DEVELOPED PUBLIC
WORKS INSPECTION CLASSIFICATION
WHEREAS, staff desires approval of the job specification and salary placement for the
newly developed Public Works Inspector classification as shown in the attached Exhibit A and B.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San
Francisco that the City Council approves the job specification and salary placement for the newly
developed Public Works Inspector classification.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
City Council of the City of South San Francisco at a meeting held on the
~ day of 2004 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
S:\Current Reso's\4-13-class.discrip.public.works.res.DOC
Staff Re ort A ENDAITEMISB
TO: Honorable Mayor and City Council
FROM: Elaine Yamani, Interim Human Resources Director
SUBJECT: AMENDMENT TO CHAPTER 3.12 OF THE SOUTH SAN FRANCISCO
MUNICIPAL CODE
RECOMMENDATION
Waive reading and introduce the ordinance, which amends Chapter 3.12 of the South San
Francisco Municipal Code, to implement Council-approved position title additions, deletions,
and/or changes.
BACKGROUND
The Municipal Code, Chapter 3.12 is updated during the budget process and periodically as positions
are renamed, reclassified, developed and/or deleted from the competitive and non-eom >etitive
service. The following changes to the Municipal Code are recommended.
Delete from the Municipal Code:
Title [ Reason
COnstruCtion Manager .............. [ Classification being deleted as a result of an organizational
I
change.
Add to the Municipal Code:
I I
bli Works InspeCtor ............ Position added to the classified service.
By:
laine Yamani f
Interim Human Resources Director
Bhrry M. Nagel
.,city Manager
CB-IM/07 /05
S:LI-IR Staff~Elaine~Staff Reportsh~ublie Works InspeetorX3anendment-Construetion Mgr.doeAmendment To Chapter 3.12.doe
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 3.12.010
SOUTH SAN FRANCISCO MUNICIPAL CODE
OF THE
The City Council of the City of South San Francisco does hereby ordain as follows:
SECTION 1.
1. SECTION 3.12.010 IS HEREBY AMENDED AS FOLLOWS:
SUBDIVISION (a)(4)
1. Delete the position title "Construction Manager."
2. Add the position title of "Public Works Inspector."
SECTION 2. SEVERABILITY
In the event any section or portion of this ordinance shall be determined invalid or
unconstitutional, such section or portion shall be deemed severable and all other sections or
portions hereof shall remain in full force and effect.
SECTION 3. PUBLICATION AND EFFECTIVE DATE
This Ordinance shall be published once, with the names of those City Councilmembers
voting for or against it, in the San Mateo Times, a newspaper of general circulation in the
City of South San Francisco, as required by law, and shall become effective thirty (30) days
from and after its adoption.
Introduced at a regular meeting of the City Council of the City of South San
Francisco, held the day of ,2004.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of
the City Council held the __ day of ,2005 by the following
vote:
AYES:
NOES'
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this day of ,2005.
S:\Current Ord's\4-13 -05positon.doc
Mayor