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AGENJDA
REDEVELOPMENT AGENCY
CITY OF SOUTH SAN FRANCISCO
REGULAR MEETING
MUNICIPAL SERVICE BUILDING
COMMUNITY ROOM
WEDNESDAY, MARCH 22, 2006
7:00 P.M.
PEOPLE OF SOUTH SAN FRANCISCO
You are invited to offer your suggestions. In order that you may know our method of conducting Agency
business, we proceed as follows:
The regular meetings of the Redevelopment Agency are held on the second and fourth Wednesday of
each month at 7:00 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South
San Francisco, California.
Public Comment: For those wishing to address the Board on any Agenda or non-Agendized item, please
complete a Speaker Card located at the entrance to the Community Room and submit it to the Clerk.
Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment.
California law prevents Redevelopment Agency from taking action on any item not on the Agenda
(except in emergency circumstances). Your question or problem may be referred to staff for investigation
and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive
action or a report. When your name is called, please come to the podium, state your name and address for
the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for
your cooperation.
The Clerk will read successively the items of business appearing on the Agenda. As she completes
reading an item, it will be ready for Board action.
JOSEPH A. FERNEKES
Chair
RICHARD A. GARBARINO, SR.
Vice Chair
MARK N. ADDIEGO
Boardmember
PEDRO GONZALEZ
Boardmember
KARYL MATSUMOTO
Boardmember
RICHARD BATTAGLIA
Investment Officer
SYLVIA M. PAYNE
Clerk
BARRY M. NAGEL
Executive Director
STEVEN T. MATT AS
Counsel
PLEASE SILENCE CELL PHONES AND PAGERS
HEARING ASSISTANCE EQUIPMENT IS A V AILABLE FOR USE BY THE HEARlNG-IMIP AIRED AT REDEVELOPMENT AGENCY MEETINGS
CALL TO ORDER
ROLL CALL
AGENDA REVIEW
PUBLIC COMMENTS
CONSENT CALENDAR
1. Motion to approve the minultes of March 8, 2006
2. Motion to confirm expense claims of March 22, 2006
ADMINISTRA TIVE BUSINESS
3. Resolution awarding constmction contracts for the new Fire Station 61 Emergency
Operations Center Building Project, the Training Tower Building Project and a
Constmction Management Contract for both projects
ADJOURNMENT
REGULAR REDEVELOPMENT AGENCY MEETING
AGENDA
MARCH 22, 2006
PAGE 2
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Redevelopment Agelllcy RDAAGENDAITEM#3
Staff Repolrt
DATE: March 22, 2006
TO: Redevelopment Agency Board
FROM: Philip D. White, Fire Chief
SUBJECT: A RESOLUTION AWARDING CONTRACTS FOR THE NEW FIRE STATION 61
EMERGENCY OPERA nONS CENTER BUILDING PROJECT, PROJECT NO.
PB-06-1; AND TRAINING TOWER BUILDIJ'JG PROJECT, PROJECT NO. PB-06-2
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Awarding the various construction contracts for the new Fire Station 61 Emergency Operations
Center/Classroom and Trainin~: Tower Building Projects, Engineering File No. 51-13232-9601,
Project Nos. PB-06-1 and PB-06-2, to the various lowest responsive bidders shown in Exhibit
"A" and Exhibit "B"; and
2. Awarding the construction management contract fOJr the new Fire Station 61 Emergency
Operations Center Building and Training Tower Building Projects, Engineering File No.
51-13232-9601, Project Nos. PB-06-1 and PB-06-2 to Pinnacle DB, Inc. in the amount not to
exceed $163,300.00; and
3. Amending the Capital Improvement Program to includl~ the new Emergency Operations Center
Building and the Training Tower Building Projects and amending the Capital Improvement
Program budget for 2005-2006 by $ 2,599,996,39.
BACKGROUND/DISCUSSION
The Emergency Operations Center/Classroom and Training Tower Building projects were presented to
the City Council for their consideration in early 2005 as part ofthe Fire AdministrationlFire Station 61
Complex master site plan (see Attachment 1). The City needs a modem Emergency Operations Center
(EOC) which utilizes the latest infoilllation management technologies and can be placed into operation
within 15 minutes of activation and operate for an extended period of time. The Fire Department also
requires a classroom capable of supporting its in-service training programs that includes seating for 25
students. In addition, it needs a classroom that is compliant with the American with Disabilities Act
(ADA) so that citizens and employees of local businesses with disabilities can participate in first-aid,
CPR and other public education programs it offers. Furthermore, the Fire Department requires a training
tower that meets current earthquake codes and allows firefighters to develop confidence in their skills and
-
Staff Report
Subject:
A RESOLUTION AWARDING CONTRACTS FOR THE NEW FIRE STATION 61
EMERGENCY OPERATIONS CENTER BUILDING PROJECT, PROJECT NO.
PB-06-1; AND TRAll'ilNG TOWER BUILDING PROJECT, PROJECT NO. PB-06-2
Page 2 of7
equipment under stressful situations; build teamwork with practice and repetition of skills and tactics; and
obtain knowledge through experience with fire behavior under safe and controlled conditions.
The current Emergency Operating Center (EOC) is located in the basement of the Main Library (see
Attachment 2). It was originally built in 1966 to provide continuity oflocal government in the event of a
nuclear attack. Since it was built, there have been no additional upgrades to help keep pace with the
evolving emergency management needs of the City. Of particular concern, it lacks enough radios,
telephone lines, data lines, computers, proj ection aids or other information management tools critical to a
prompt and efficient response to an emergency. Furthermore, the Library has converted much ofthe EOC
to other uses. This has resulted in increased difficulty in activating the EOC in a timely manner. Because
of their age, the generator, fuel tank, and emergency lighting in our EOC are becoming increasingly
fragile and prone to failure.
The primary classroom used by the Fire Department for training is located on the second floor of the
"old" Fire Station 61 (201 Baden Ave.) and can only be used on a limited basis because of roof leaks;
lack of access to the City's intranet and lack of accessibility for persons with disabilities (see Attachment
3). The Fire Department's alternate classroom at Fire Station 63 can only support 15 students per class
(see Attachment 4). There is limited open floor space for emergency medical skills and other "floor"
based training. There is little storage for training aids and equipment. Because it is located beneath the
Police holding cells, inmate dismptive behavior can interfere with instmction. When this behavior
includes clogging the toilet and causing it to overflow, the "grey'" water flows into the ceiling space of the
classroom and leaks onto students below. Last year, the Fire Department spent over $35,671 in August
2005, to repair damage to the classroom and abate mold infestation. Because it is adjacent to the Police
garage, noise from vehicles, testing of sirens and odors from vehicle exhaust can also dismpt instruction.
Despite installation of air filtration equipment, the air quality remains poor. Parking is limited for both
fire apparatus and the public who attend training at this location.
The creation of a dual use EOC/Classroom located at the Fire AdministrationlFire Station 61 Complex
will make the best use ofthe sale of Redevelopment Bonds and resolve many of the problems with the
current EOC and Fire Department classroom facilities. EOC mcmagers for the first time will be able to
simultaneously monitor local or cable news channels, the weather, or electronic resource status boards on
permanently installed TV monitors or projection screens. EOC tables, supplies and equipment will be
stored in locked cabinets that can be opened and placed into service within minutes (see Attachment 5).
Instead of one data line, there will be 48. EOC managers will be able to request vitally needed resources
via fax, telephone, e-mail, the internet, ham radio or by text messaging. There will be showers and
limited cooking facilities as well. For extended operations, EOC staff will be supported by firefighters
from nearby Fire Station 61. In the event of power loss, a brand new generator installed when the
Fire Administration/Fire Station 61 was built will provide for the EOC' s electrical needs. Since the EOC
is within the perimeter fence of the Fire AdministrationlFire Station 61 Complex, keyed gate access
security will be significantly improved as well.
Staff Report
Subject:
A RESOLUTION AWARDING CONTRACTS FOR THE NEW FIRE STATION 61
EMERGENCY OPERATIONS CENTER BUILDING PROJECT, PROJECT NO.
PB-06-1; AND TRAll\fING TOWER BUILDING PROJECT, PROJECT NO. PB-06-2
Page 3 of7
Ifthe EOC/Classroom project is delayed, the City will need to identify funds to make critical upgrades to
the current EOC as a bridging strategy until a new EOC can be built. In addition, the roof will have to be
repaired so that the classroom can be used when there are more than 15 firefighters participating in
training. In addition, funds will have to be identified to link this portion of the Fire Station to the City's
intranet for computer and web based training the Fire Department subscribes to. Unfortunately, because
of space limitations, nothing can be done to alleviate the problems identified in the classroom at Fire
Station 63 (33 Arroyo) or the limitations on class size or parking.
The existing training tower at Fire Station 61 (201 Baden Ave.) was built in 1947 and designed to train
firefighters on how to rescue fire victims, find/extinguish fires and preserve property (see Attachment 6).
Unfortunately, it was never able, however, to support "live" fire training scenarios. To address this need,
arrangements would be made with owners of properties slated for demolition to allow the Fire
Department to conduct "live" controlled training bums. Because of environmental regulations to reduce
air pollution and property owner concerns regarding liability, the opportunity for "live" controlled bums
has come to an end (see Attachment 7). The only way for firefighters to participate in "live" fire training
is to send them to the Modesto Fire Department Training Facility at $150.00 per person or pay up to $
3,000 a day for a portable bum trailer to come to South San Francisco. Since its construction over 60
years ago, the mission and training needs ofthe Fire Department has changed significantly. As a result,
efforts have been made to extend the existing training tower's utility as a training tool. However, despite
these efforts, it has limited ability to support technical rescue, confined space, hazardous materials and
other special training. Furthermore, it suffered extensive damage from exposure to the elements and the
1989 Lama Prieta Earthquake.
A limited stmctural survey was conducted by Zsutty Consulting Engineers in January 2006 and found
there was leaching of moisture through the tower walls causing surface and internal degradation of the
concrete steel reinforcing rods (see Attachment 8). In addition, numerous concrete diagonal cracks were
noted at the window openings and horizontal cracks at the walls corresponding to floor levels indicating
that it did not perform well during the Loma Prieta Earthquake and could collapse in the event of another
earthquake. Because of these observed deficiencies, the use of the fire escape or anchors for technical
rescue training has been prohibited until strengthening of the stmcture has been completed.
Superior performance at the scene of an emergency is no accident. Superior performance, firefighter
safety and survival are directly related to the quantity and quality of training received before the
firefighter arrives at the emergency scene. The Training Tower Project will allow firefighters to train
under live fire conditions similar to those they will encounter in homes, businesses, high-rise office
buildings and industrial facilities found throughout the City of South San Francisco (see Attachment 9).
As a result, firefighters will be better prepared to protect lives and property. The Training Tower Project
will provide realistic training for a variety of exercises including:
Staff Report
Subject:
A RESOLUTION AWARDING CONTRACTS FOR THE NEW FIRE STATION 61
EMERGENCY OPERATIONS CENTER BUILDING PROJECT, PROJECT NO.
PB-06-1; AND TRAINlNG TOWER BUILDING PROJECT, PROJECT NO. PB-06-2
Page 4 of7
. Hose advancement
. Fire attack
. Ventilation
. Search and Rescue
. Laddering and rappelling
. Roof penetration
. Technical rescue
. Confined space exercises
. Hazardous materials training
. Elevator rescue
. Firefighter safety and survival
This will be accomplished by the presence of multiple bum rooms, temperature monitoring systems,
balconies and interior stairs, an elevator shaft, siamese fire department connections and standpipe
system, propane and sprinkler systems, rappelling rings, chop-outs, hatches, stairs, ladders, smoke
distribution systems, specialized props, platforms and rigging.
In addition to helping the Fire Department meet its training mandates, the Training Tower will also be an
important source of rental income for the General Fund if approved (see Attachment 10). Currently,
MetroPCS and T -Mobile have signed agreements to pay the City $3,000 a month each for permission to
use the roof area of the Training Tower for their equipment. There is also room on the roof to
accommodate two other cellular telephone companies and their equipment. According to Parsons Inc, an
engineering firm that specializes in finding cell sites, this site is very desirable. They believe that once
the Training Tower is built, other cellular telephone companies will have an interest in locating their cell
sites at this location as well. Potentiallly, the General fund could realize $144,000 in rental revenue a year
by building the Training Tower.
If the Training Tower Project is delayed, the Fire Department will need to retain control of "old" Fire
Station 61 (201 Baden Ave.). This is necessary so that emergency apparatus can park in the apparatus
bays while firefighters attending training or use the station's parking lot to lay hose or raise ladders. It
will also have to identify funds to correct the deficiencies in the existing training tower as well as pay for
maintenance and utilities (see Attachnlent 11). Furthermore, failure to meet the minimum number of fire
training tower drills, safety training, or meet firefighter knowledge or skills competencies as required by
the Insurance Services Organization (ISO) could cause the Fire Department to loose its current rating 2/9
to a lower number (Attachment 12). This rating is used by insurance companies to set premiums for
policy holders. The lower the ISO rating numbers the higher the fire insurance premiums. Those policy
holders at greatest risk for premium increases are small business owners that occupy buildings without
fire sprinklers systems. Approximately 45% of commercial buildings in South San Francisco do not have
fire sprinkler systems.
Staff Report
Subject:
A RESOLUTION AWARDING CONTRACTS FOR THE NEW FIRE STATION 61
EMERGENCY OPERATIONS CENTER BUILDING PROJECT, PROJECT NO.
PB-06-1; AND TRAn.JING TOWER BUILDING PROJECT, PROJECT NO. PB-06-2
Page 5 of7
On December 30, 2005, staff advertised the Notice Inviting Bids for the Emergency Operations Center
Building project, Project No. PB-06-1, Bid Nos. 2401 through 2420. The notice inviting sealed bids was
advertised twice on January 5th and 12th, 2006 to the San Mateo Times, and by publishing the Notice
Inviting Sealed Bids of the project to the seven (7) county builders' exchanges to insure adequate
notification to contractors was achieved. Bids for all items were opened on Thursday, February 16, 2006
at 2:00 p.m. Exhibit A (attached) reflects the responsive low bidders and the engineer's estimate for the
Emergency Operations Center Building project.
On February 8, 2006, staff advertised the Notice Inviting Sealed Bids for the Training Tower Building
project, Project No. PB-06-2, Bid Nos. 2440 through 2443. The notice inviting sealed bids was
advertised twice on February 10th and 16th, 2006 to the San Mateo Times, and by publishing the Notice
Inviting Sealed Bids of the project to the seven (7) county builders' exchanges to insure adequate
notification to contractors was achieved. Bids for all items werE: opened on Thursday, March 9,2006 at
2:00 p. m. Exhibit B (attached) reflects the responsive low bidders and the engineer's estimate for the
Training Tower Building project.
The breakdown of the projects costs are as follows:
. Emergency Operations Center/Classroom Project:
Total Construction Cost (Bid Items 2401 - 2420)
Information Technology Audio Visual Systems
Construction Contingency
Total Project Cost
$740,708.39
$ 90,000.00
$ 74,000.00
$904,708.39
. Training Tower Building Project:
Total Constmction Cost (Bid Items 2440 - 2443)
Constmction Contingency
Total Project Cost
$1,368,728.00
$ 50,360.00
$1,419,088.00
. Other costs associated with these two combined projects:
Architectural & Design Fees
Constmction Management Fee
City Administration Cost
Associated Cost Total
$ 72,900.00
$163,300.00
$ 40,000.00
$276,200.00
Staff Report
Subject:
A RESOLUTION AWARDING CONTRACTS FOR THE NEW FIRE STATION 61
EMERGENCY OPERATIONS CENTER BUILDING PROJECT, PROJECT NO.
PB-06-1; AND TRAll'IJING TOWER BUILDING PROJECT, PROJECT NO. PB-06-2
Page 6 of7
PROJECT COST SUMMARY
Below is the project cost summary to constmct the Emergency Operations Center/Classroom and the
Training Tower Building projects:
Emergency Operations Center/Classroom Project
Training Tower Building Project
Other Associated Cost
Total Cost
$ 904,708.39
$1,419,088.00
$ 276,200.00
$2,599,996.39
FUNDING:
When stafflast discussed funding for these projects in a study session with Council, staffhad identified
the combined project cost to be $2,6010,000.00. Funding for the project will come from the proceeds of
the sale ofthe Redevelopment Agency bonds.
CONCLUSION:
The EOC/Classroom Project is the means by which the City can upgrade its existing EOC facilities to
meet the emergency management needs of today. Hurricane Katrina showed how important it was for
local government to have robust communications systems, dependable back-up power and the ability for
an EOC to operate for not only days, but weeks if necessary. By making it a dual use facility further
increases its utility and cost effectiveness.
Training is the key to efficiency at the emergency scene. A classroom that supports modem teaching
methods and is ADA compliant is important for the success of the Fire Department's in-service training
and community education programs. Nothing prepares firefighters for action better than safe, hands-on,
live fire training. However, firefighters also need hands-on training in technical rescue, confined space
and hazardous materials response.
The Training Tower Project has been designed to satisfy these training needs in mind. This means lives
saved, reduced property losses and increased firefighter safety and survival.
With the project approval, a cell site fix use by the wireless telephone providers will be built on the tower
roof of the Training Tower. Rental income for the use of the cell site in the amount of$144,000 per year
can be generated for the General Fund.
Staff Report
Subject:
A RESOLUTION AWARDING CONTRACTS FOR THE NEW FIRE STATION 61
EMERGENCY OPERATIONS CENTER BUILDING PROJECT, PROJECT NO.
PB-06-1; AND TRAn-.TING TOWER BUILDING PROJECT, PROJECT NO. PB-06-2
Page70f7
Each year the project is delayed, costs are projected to increase 81% overall ($208,000) annually based on
published reports from the Engineering News Record journal that is used by City's to estimate costs of
public works projects. In addition, failure to maintain our current Insurance Services Organization rating
by complying with their mandates for training facilities and required training may cause insurance rates to
increase for commercial properties wllthin the City that do not have fire sprinkler systems.
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By:
Philip D. Who e
Fire Chief
Attachments:
Attachment 1 - Master Site Plan
Attachment 2 - Current EOC
Attachment 3 - Classroom at "old" Fire Station 61 (201 Baden Ave.)
Attachment 4 - Alternate Classroom at Fire Station 63 (33 Arroyo Drive)
Attachment 5 - Proposed EOC/Classroom Floor Plans
Attachment 6 - Existing Training Tower at "old" Fire Station 61 (201 Baden Ave.)
Attachment 7 - Excerpt from Hold Harmless Agreement
Attachment 8 - Trainllng Tower Structural Survey
Attachment 9 - Proposed Training Tower Elevations
Attachment 10 - Parson Cell Site Revenue Potential Letter
Attachment 11 - Proposed Budget to Maintain Training Facilities (201 Baden)
Attachment 12 - Insunmce Services Organization (ISO) Training Mandates
Resolution
Exhibit "A" - EOC Bid Summary & Engineer's Estimate
Exhibit "B" - Training Tower Bid Summary & Engineer's Estimate
ATTACHMENT 1
FIRE ADM./FIRE STATION 61 COMPLEX MASTER SITE PLAN
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CURRENT EOC
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ATTACHMENT 3
CLASSROOM AT "OLD" FIRE STATION 61 (201 BADEN AVE.)
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ATTACHMENT 4
ALTERNATE CLASSROOM AT FIRE STATION 63 (33 Arroyo Dr.)
Limited Classroom Size
Limited Parking to Accommodate Apparatus
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ATTACHMENT 5
PROPOSED EOC/CLASSROOM FLOOR PLANS
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ATTACHMENT 6
EXISTING TRAINING TOWER AT "OLD" FIRE STATION 61
(201 BADEN AVE).
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ATTACHMENT 7
EXCERPT FROM HOLD HARMLESS AGREEMENT FOR USE OF BUILDING
SLATED FOR DEMOLITION FOR TRAINING PURPOSES
(333 OYSTER POINT BLVD.)
T -.. -
.'{: CITY OF SOUTH SAN FRANCISCO;
JAN-4-0B 10:49;
650 829 3954;
PAGE 417
I
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(h) O\.~l1e~ aCkn~WledgeS that some of the trainiri~ ~x~rciies t~:be conducted
in and about the Building, subj~ct, ~o O".rner's pr.ior approval of the apl)licable exercises under
Paragraph 3 above, may result m 11jltendecl or umntended damage to nons:truttutal" elements ofthe
Building (such as doors, interior \\lalls and/or nonstructural elements ot exterior walls), and
Owner ag~ees that City shall ri:ot b~ respo.nsible for the repair o~ any sllchl10nSUtIcturaJ damage,
subject to the prohibitions set .fort~ in Paragraph 5 below. If, however; any activities conducted
on the Property pursuant to this Agreement result in any condition (such"as; but:n6t limited to,
destwctio.n of exterior doors or wi~dows or c.reation of holes in exterior'.valls) that increases tbe
risk of unauthorized entries into th~ Building or onto the Property ot increases the risk ofhann to
persons or property duting th~ cOllfinued existence of such condition,lhe"n:Up01i", Ov.rner' s written
request (whether as a conditi(jn imposed by Owner in approving the applica.bleactivities or as a
request following the conduct: oftlie applicable activities), City shall prol:nlJt1y r~epajr the
applicable condition or secure" the area of the Building or Property affected "thereby in such a
manner as to eliminate such iticre$ed risks of unauthorized. entry and/or: ofharitt to persons or
property, Moreover, if any aetivitles conducted on the Propelty pursuant t6 this Agreement
result in allY damage to sewer<or other utility lines external to the Building; CitY shall promptly
rep~ir the applicable damage at Cif's sole expense. :."
5. Prohibited""Activiti~s_ Under no circumstances shall-Cityj'~rii1it:any Authorized
Party to do any of the fol1owihg iq; connection with the exercise ofthe'righis granted under this
Agreement, nor shall an y ofthe fa lowing be permitted as an intended; elcluenfor as an effect
(whether ir\tended or unintended) ". fthe training exercises contemplated ' under this Agreement:
(a) the bringing of any hazardous ~r toxic materials (including, but not lln:dted toj" any chemical
fire re~ardanls .01' ~re suppres.s"antsl onto the Property, or the introducti:Oll of any. such hazardo~s
or tOXIC matenals lllto the SOlI or groundwater beneath the Property; (b) the settm:g of any fire In
the Building or on the Property; (cD any damage to any structural elements "ofllie Building, or "
that results in a hazardous or unsafe condition existing in or about tbe BUiidrng that did not exist
prior to the applicable training ex~cises; or (d) any activity or occurnince That i"esults in a "
material increase in the cost or ris\.bness of the demolition ofthe Building by bwner and its
contractors following termination br expiration of this license.: " "
. I . . . .
i
6. C0l1101iaricewjth uhws. Plior to the conduct of any'trainfug exdrdses on the
Property, City shall obtain from ail1 appljcab1e federal, state and local govenimental agencies and
authorities having jurisdictjon: ovc~ the Property and/or over the activities "of tile Authorized
Partles any and'all permits, aritho~za1ions and approvals required for ~hep:erfotn1ance of the
training exercises on tbe:Property.! The training exercises shall be conduded aiid:completed in
" compliance willi all applicable codes. ordinances, la\\I's, regulations'arid orders.:and in such a
manner as not to endanger or:intedrere with the activities of Owner's agents. e1np1oyees and
" conlract~rs on and aboufthe propt1iY in connection Witil O\\'Iler's proposed development of the
Property. I
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7. _ Insurance~:"" ~i::y S?tll procure~ (a) .a ~olicy or policies of cori.itnef.cial or
comprehenSIve general hablhty ill"purance WIth lllmts of not less than $5~OOO,OOOper occun-ence
and with a deductible orself-insu*d element oInot more than $5Q,OO:O,coverilig:the activities to
be conducted on the Property.by t\le Authorized Parties hereunder and aiiy"darriage to persons or
property occurring in the course tijereof, and including contractual liability cov"crage and defense
costs, or (b) substantially equivaldnt coverage under a shared risk a:greeluent for governmental
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ATTACHMENT 8
TRAINING TOWER STRUCTURAL SURVEY
;
01/18/2006 10:50
408-723-3846
ABLE PRINTING
Zsutty Consulting Engineers
1112 Meredith Avenue
San Jose, CA 95125
408.313.5363
January 17, 2006
Philip D. White
South San Francisco Fire Department
Via Fax 650-829-3954
Subject:
20) Baden Street, Tower
As per your request, we are submitting a report of our findings for the subject project
Our objectives were to perform an investigation ofthe following:
.
Condition of structure
Seismic vulnerability of structure
Condition of anchorages to the structure
Potential safety hazards
.
.
.
We perfonned the following tasks in. ordefto accomplish our investigation.
.
Field survey
Building measurements
Photography
Reinforcing steel detection and exposure
Concrete coring for examination of strength and deterioration
Structural evaluation based on data from the above tasks and original plans provided to
us by the Fire Department
.
.
.
.
.
Condition 01 Structnre
This structure is a concrete frame structure that is 60 year.; old constructed in 1947. It is
5 stories and sits on a pile supported grade beam foundation. The following items were observed
to be deteriorating the structure.
.
Leaching of moisture through the walls causing surface and internal degradation of the
concrete. This is a potential problem for the fire escape anchorages
Moisture intrusion into the concrete causing expansion of rebar and subsequent spaHing
of the concrete. This is afalling hazard that could cause serious injury should a piece of
concrete become dislodged andfall to the ground
Numerous concrete cracks were noted. Of particular concern were diag()naJ cracks at
window openings and horizontal cracks at the walls corresponding to tloor levels. These
cracks were reportedly caused by the Loma Prieta Earthquake and are an indictor that
the structure did not perform well. .
.
.
PAGE 01
dl/1~/L~~b lB:5B
4B8-723-3845
ABLE PRINTING
PAGE 02
Seismic Vulnerability of Structure
· The structure does not meet current earthquake codes and without a major seismic retrofit
it and the surrounding structure could be significantly damaged the event of a large
earthquake.
· As no.ted above, the structure was damaged during the Lorna Prieta Earthquake. The
expected energy release for a large earthquake on the Calavereas Fault will be several
orders of magnitude higher and will cause significantly more damage to the structure
including the possibility of a partial collapse
Recommendations
.
The .fire escapes should not be used for training purposes until retrofit anchor are installed
or a more detailed investigation is performed including a load test
The face ofthe structure shouJd be thoroughly examined for potential spalling concrete.
Where this condition is found, the concrete should be removed and replaced by a
concrete patching compound
The structure is a potential collapse hazard for itself snd tbe surrounding structure.
Equipment housed in the building could be .rendered inaccessible of inoperable in the
event of a major earthquake
.
.
Please contact me should you have any questions
Thank you for the opportunity to be of service.
Sincerely
~M.S"P'E'
Consulting Engineer
Earthquake Damage Resulting in Horizontal Cracking Where Floors Join
(Red Lines)
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Corrosion Resulting in Reinforcing Bar Expansion and Spalling
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ATTACHMENT 9
PROPOSED TRAINING TOWER ELEVATIONS
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ATTACHMENT 10
PARSONS CELL SITE REVENUE POTENTIAL LETTER
PARSDNS
185 Berry Street, Suite 5300' San Francisco, California 94107. Fax (415) 495-6277 . www.parsons.com
March 15,2006
To Whom It May Concern:
My name is Matt Dooling; I work as a Project Manager for Parsons Corporation out of Sari Francisco.
We are consultants for the following wireless carriers in the Bay Area, Metro PCS, Cingular, T-
Mobile and Sprint/Nextel.
I have worked in the industry for 8 years; as far as a wireless site goes the proposed Fire Station Tower
61 is almost perfect. Any new carrier would welcome such a site if it were needed in the area
If you have any questions, please feel free to contact me at any time.
Matt Dooling
Project Manager
Parsons Corp. for Metro PCS
Desk : (415) 962-1643
Mobile: (650) 520-4349
Fax: (415) 495-6277
~
ANNUAL CELL SITE REVENUE PROJECTIONS
Monthly Annual
Hosting 1 cell site $3,000 $36,000
Hosting 2 cell sites $6,000 $72,000
Hosting 3 cell sites $9,000 $108,000
Hosting 4 cell sites $12,000 $144,000
NOTE: Currently the City has two signed rental agreements (Metro PCS
and T -Mobile)
T
One Time Costs
Recurring Annual Costs
$379,775.00
$22,123.00
03/16/2006 15:07
6509926755
SHAUGHNESSY ROOFING
PAGE 02
SHAIGHNISSY
Roofing Inc.
December 3, 2003
Estimate Number 104994
Slate License 1410394
1280 Hilside Boulevard
CoIma, CA 94014
P.O. Box 5705
$0. San Fl'BIlcisco. CA 94{)83
(650) 992.3Z55
Fill( (650) 992-<>755
Mr. Gary Bethe
City of So. San Francisco
400 Grand Avenue
P.O.Box711
So. San Francisco, CA 94083
cot'''''
(650) 829-3837 x.:f533
(650) 877-8500
Fa"-: (650) 872.3269
Job Site:
20 I B aden Avenue
Firehouse
So. San FrlUlcisco, CA
Rob
(650) 570-1666 Pgr.
SUBJECT: Remove aU built-ap roofing on main upper roof deck of UvlnE spaee. InltaU John.
ManvUle 1pec:lficatiOD #4GNG 4-ply fiberglass roof SYltem. Cut-in and inltaU two
(2) overflow drains. Separate contractor may be necessary to renlove and replace
electrical conduit, NOT INCLUDED IN THIS ESTIMA n. Separate co.t foUowing
for cricket..
Description Of Work
I. Remove all roofing material down to substrate and inspect its condition before roofmg is applied.
Haul away all debris. If subsb'ate is found to have an unsatisfactory condition, we will notify
owner immediately. A decision will be made to correct the subsb'ate and work will be done at an
additional cost to this contract.
2. Install fibcred caol strip to all 90 degree angl~. parapet waUs, skylight curbs and elevation
changes.
3. Install one 0) layer of red rosin paper to all horizontal wood sheeting. Tbis paper to act as a slip
sheet between wood surface and new built-up membrane.
4. BASE SHEET: Starting at low point of rooOllY one (I) ply glass bllSe sheet over the entire
swface, lapping each sheet 2" over the underlying sheet. Lap ends 4". Nail along tho lap at
maximum 9" jntervals and stagger nails down the center of the sheet in two rows, with nails
spaced 18" intervals in each row.
5 . PLY SHEET: Starting at low point of roof, apply over the entire mrf8ce a Wliform mopping of
asphalt (approximately ~5 Ibs. per 100 sq. ft.) into which, while hot embed three (3) layers Type
IV ply sheet. Use starting strips of ply sheet cut I Z" and 24" wide, followed by full width sheets.
Lap each sheet 24-213" over the preceding sheet and mop full width ofsheet with 8 continuow
coating ofasphalt (approximately 2S lbs. per 100 sq. ft.) so that ply sheet does nOltouch ply
sheet.
6. Replace all pipe collars, vents, and outlets or scupper type drains, with new galvanized sheet
metal. These units to be set in a 1/4" bed of mastic, then fastened with proper length nails. After
all sbeet metal has been get, i1lBtAll two layers of ply sheet in asphalt to top of flange.
Page I Of 2
@
Quality & Servtce - Uoensed and Insuntd AQainst Property Damage and Public Liability
03/15/2005 15:07
55e992e755
SHAUGHNESSY ROOFING
December J, 2003
Estimate Number 104994
7. Apply appropriate size gravel stop to perimeter edge. Nail every 4 to 6 inches and lap with
plastic canent between connections.
8. Ovcr cntire surface, pour a uniform top coating of asphalt Il[ a rate of 60 Ibs. pcr 100 sq. ft., into
which, while bot embed 3/8" by 1/2" pea gravel alII quantity of approximately 400 Ibs. per 100
sq. feet.
9. Leave MC8 clean of all debris resultiog from our work.
All new roofing is guaranteed for a period of five (5) years from the date of completion.
This estimate applies for a period of thirty (30) days frOID this date. Cost for dry-rot replacement, if
found, is Dot included in this estimate. Company is Dot responsible for deficiencies in the substrate,
which may prevent a positive drainage condition.
TOTAL COST: 519.soo.00 DUE AND PAYABLE UPON COMPLETION
Signed
Property Owner / Aitent
Date
Slg~ed
Contractor
JOM' Alv~ Estimator
INSULATED CRlCKET OPTION:
lnstall tapered insulated crickets betWeen existing drains to create a positive slope to drains.
Additional cost below.
Cost For The Above Work Will Be $1,200.00
Pleue Initial To Accept:
r Page 2 Of 2
PAGE 03
.A
Monthly Work Schedule Month: Mal" '06
shift dllte COmmCllts
Dust all blinds C
Clean shop and oil room A
.. ...-
Clean tower, store room and lmmdry B
Clean Bar- B-Q C
Station Inspection A
End of month reports
Wash windows- downstairs A
. . .-.
Wash windows - upstairs B
Wash windows - shop C
Wash windows- apparatus room A
Wash apparatus floor
Clean all upholstery
."
Strip and wax floors - upstairs A
Strip and wax floors - downstairs B
Wash walls - downstairs
Wash walls - upstairs
Clean all light fixtures
Wax - BC's car
Wax. - R61 B
Wax Engine 61
Wax BSU
...,
Wax utility truck
Flip and turn all mattresses B
Change all batteries
Tower cables
-. ..
Paint flag poles
Plugs and floor drains - boiler and generator A
room
Clean furnace filter - upstairs B
"
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"[0 39'\1d
19 NOI1'\11S 3~I~ ~SS
99699L8099
80:61 9006/91/E0
ATTACHMENT 12
INSURANCE SERVICES ORGANIZATION (ISO) TRAINING MANDATES
I..
FIRE SUPPRESSION
RATING SCHEDULE
... -
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.
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580. TRAINING (T):
The credit for training shall be reviewed as follows:
A. FaciLities, Aids and Use (Tu):
1. Facilities and Aids (FA)
Points
.
.
Drill Tower. . . . . . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
Fire Building (including smoke room). . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. 8
Combustible Liquid Pit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
Library and Training Manuals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
Slide and Movie Projectors and pump and hydrant cutaways. . . . . . . . . . . . . . . . . . .. 2
Training area (this may include streets or open areas
when no other training facilities are provided) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2. Use (FU)
Multiply the points credit for facilities and aids by the following factors for use
of the facilities and aids by all company members:
Maximum
a. Half-day (3 hours) drills, 8 per year (0.05 each) ..........................0.40
b Half-day (3 hours), multiple-company drills, 4 per year (0.10 each) ..........0.40
c. Night drills (3 hours), 2 per year (010 each) ............................0.20
Note: A single company drill may receive credit under a and c;
a multiple company drill may receive credit under a, b, and c.
Ti1 = (FA) (FU)
I
30 EDmaN 02-03
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Points
B. Company Training (Ti2):
Company training at fire stations, 20 hours per member per month, up to. . . . . . . . . . . . 25
C. Classes for Officers (Ti3):
2 days per year for all officers, up to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
D. Driver and Operator Training (Ti4):
4 half-day sessions per year, up to .................................................. 2
E. New Driver and Operator Training (TiS):
Classes for new drivers and operators, 40 hours, up to ............................ 2
F. Training on Hazardous Materials (Ti6):
1/2 day per member per year ....................................... . . . . . . . . . . . . . .. 1
G. Recruit Training (Ti7):
240 hours per recruit, up to .................................................. 5
H. Pre-Fire Planning Inspections (TiS):
Pre-fire planning inspections of each commercial, industrial, institutional and other similar
type building should be made twice a year. Records of the inspections should include complete
and up-to-date notes and sketches. Use the point credit for frequency of inspections from
Item 630 times 15tiOO.
I. The sum of points credited in Item 580.A through 580.H shall be reduced by up to 20 points
for incomplete records (Ti9).
581. CREDIT FOR TRAINING (CT):
. T
CT= - x 9
100
9
T= L Ti
1
590. CREDIT FOR FIRE DEPARTMENT (CFD):
CFD = CEC + CRP + CPC + CLS + CRLS + CD + CCP + CT
EDITION 02-03 31
Total Cost
Bid No. Bid Item Description Engineer's Estimate Apt: arent Low Bidder
Unit Price Price Bidder's name
2401 Earthwork LS $12,000.00 $12,950.00 Andreini Bros., Inc.
2402 Concrete LS $28,000.00 $27,565.00 Hazard Concrete
2403 Metal Fabrications LS $35,000.00 $42,000.00 Handcrafted Metals, Inc.
2404 LumberIWood Rough LS $89,436.00 $94,436.00 Pinnacle DB, Inc.
Framinq
2405 Architectural Woodwork LS $56,973.00 $61,917.00 Rodan Builders I
2406 Buildinq Insulation LS $10,874.00 $8,617.00 Rodan Builders
2407 EIFS LS $88,980.00 $93,212.00 Henley & Co.
2408 Built-up Roofina System LS $29,550.00 $25,825.00 Western Roofinq Service
2409 Doors & Frames LS $15,653.00 $13,652.39 Sun Valley Doors
2410 Aluminum Window Walls LS $29,584.00 $28,817.00 Rodan Builders
2411 Gypsum Board LS $40,000.00 $28,581.00 Boyett Construction
Assemblies
2412 Ceramic Tile LS ~?7 Q7? nn !t?Q Q4nnn CA Tile Installers
y-. ,-. -.-- T--'- .-.--
2413 Accoustical CeilinQs LS $5,500.00 $5,585.00 PCI
2414 Floor Coverinqs LS $20,644.00 $18,646.00 BT Mancini
2415 Paints & Coatinqs LS $9,700.00 $8,700.00 o & 0 PaintinQ
2416 Specialties LS $22,000.00 $22,495.00 SDG, Inc.
2417 Mechanical System LS $44,477.00 $40,720.00 American Airconditioninq
2418 Fire Sprinkler System LS $44,765.00 $44,450.00 Allied Fire Protection
2419 Plumbinq System LS $51,359.00 $53,000.00 Pribuss Enqineerinq, Inc.
2420 Electrical System LS $128,400.00 $79,600.00 Delta Electric, Inc.
$790.867.00
$740.708.39
FIRE STATION 61
EXHIBIT "A"
EMERGENCY OPERATIONS CENTER/CLASSROOM PROJECT
Total Cost
Bid No. Bid Item Description Engineer's Estimate Apparent Low Bidder
Unit Price Price Bidder's name
2401 Earthwork LS $9,500.00 $17,950.00 Andreini Bros., Inc.
2402 Concrete LS $55,000.00 $89,960.00 Hazard Concrete
2403 Structural Steel LS $860,500.00 $879,646.00 Nielsen Building System
Design, Manufacture
& Erection
Add Alternate 1 LS $64,500.00 $96,778.00 Nielsen Building System
2420 Electrical System LS $21,000.00 $24,394.00 Cocconi Electric
Fire Props - Partial LS $240,000.00 $240,000.00 Fire Facilities, Inc - Sole
Source
Propane System LS $20,000.00 $20,000.00 Fire Facilities, Inc - Sole
Sou rce
$1,270.500.00
$1
368.728.00
EXHmIT "B"
TRAINING TOWER BUILDING PROJECT
RESOLUTION NO.
REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO, STATE OF
CALIFORNIA
A RESOLUTION AWARDING CONSTRUCTION
CONTRACTS FOR THE NEW FIRE STATION 61
EMERGENCY OPERATIONS CENTER BUILDING
PROJECT, THE TRAINING TOWER BUILDING
PROJECT AND A CONSTRUCTION MANAGEMENT
CONTRACT FOR BOTH PROJECTS
WHEREAS, staff recommends that the Redevelopment Agency approve the award of a
constmction contracts for the New Fire Station 61 Emergency Operations Center Building and
Training Tower Building Projects to the various lowest responsive bidders; and
WHEREAS, staff recommends that the Redevelopment Agency approve the award of a
constmction management contract for the New Fire Station 61 Emergency Operations Center
Building and Training Tower Building Projects with Pinnacle DB, Inc. in an amount not to exceed
$163,300; and
WHEREAS, staff recommends the authorization to amend the Capital Improvement
Program budget for 2005-2006 in an amount not to exceed 2,600,076.39 for the New Emergency
Operations Center Building and the Training Tower Building Projects; and
NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of
South San Francisco hereby awards constmction contracts for the completion of constmction work
on the to the various bidders and constmction management contract for the New Fire Station 61
Emergency Operations Center Building and Training Tower Building Projects in the amounts and to
the bidders specified below.
Emergem:y Operations Center Building Project
Earthwork $12,950.00 Andreini Bros., Inc.
Concrete $27,565.00 Hazard Concrete
Metal Fabrications $42,000.00 Handicrafted Metals, Inc.
Lumber/
Rough Framing $94,436.00 Pinnacle, DB, Inc.
Archi tectural
Woodwork $61,917.00 Rodan Builders
Building Insulation $8,617.00 Rodan Builders
EIFS $93,212.00 Henly and Co.
Built-up
Roofing System $25,825.00 Western Roofing Service
Doors and Frames $13,652.001 Sun Valley Doors
Aluminum Window
Walls $28,817.00 Rodan Builders
812384-1
Gypsum Board
Assemblies $28,581.00
Ceramic Tile $29,940.00
Acoustical Ceilings $5,585.00
Floor Coverings $18,646.00
Paints and Coatings $8,700.00
Specialties $22,495.00
Mechanical System $40,720.00
Fire Sprinkler System $44,450.00
Plumbing System $53,000.00
Electrical System $79,600.00
Total
$740,708.891
Earthwork
Concrete
Stmctural Steel
Design, Manufacture
and Erection $879,646.00
Electrical System $28,000.00
Fire Props $550,000.00
Propane System $20,000.00
$17,950.00
$89,960.00
Total
$1,682,414.00
Constmction
Management
$163,300.00
Total
$163,000.00
Total for all contracts
$2,586,422.80
Boyett Constmction
CA Tile Installers
PCI
BT Mancini
D and D Painting
SDG, Inc.
American Airconditioning
Allied Fire Protection
Pribuss Engineering, Inc.
Delta Electric, Inc.
Tnnining Tower Building Project
Andreini Bros., Inc.
Hazard Concrete
Nielsen Building System
Fire Facilities, Inc.
Fire Facilities, Inc.
Fire Facilities, Inc.
Construction Management
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the
contract on behalf of the City of South San Francisco, subject to approval as to form by the City
Attorney.
BE IT FURTHER RESOLVED that staff shall be authorized to amend the Capital
Improvement Program budget for 2005-2006 in an amount not to exceed 2,600,076.39 for the New
Emergency Operations Center BuiIding and the Training Tower Building Projects, and that the
funding for the project will come from the proceeds of the sale of the Redevelopment Agency bonds.
812384-1
*
*
*
*
*
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 , 2006 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
812384-1
ATTEST:
City Clerk
AGENDA
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
REGULAR MEETING
MUNICIP AL SERVICE BUILDING
COMMUNITY ROOM
WEDNESDAY, MARCH 22, 2006
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 indicat~: 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 circumstanc~:s). 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. '~en 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.
JOSEPH A. FERNEKES
Mayor
RICHARD A. GARBARINO, SR
Vice Mayor
MARK N. ADDIE GO
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 2-8, 2006; Recipient: Library Board President
Lando Baldocchi
. Proclamation - National Public Health Week, April 3-9, 2006; Recipient: Ms. Cristina
U gaitafa, Community Program Specialist, San Mateo County Health Department
. Proclamation - Mediation Week, March 19-25,2006; Recipient: Peninsula Conflict
Resolution Center
. Certificate of Recognition: Pamela J. Selli
. Certificate of Recognition: Elizabeth Luaulu
AGENDA REVIEW
PUBLIC COMMENTS
ITEMS FROM COUNCIL
. Announcements
. Committee Reports
CONSENT CALENDAR
1. Motion to approve the minutes of March 8, 2006
2. Motion to confirm expense claims of March 22, 2006
3. Resolution authorizing the acceptance of$17,000 in grant funding from the Atkinson
Foundation and the Peninsula Community Foundation to support Project Read Services
and amending the Library Department's 2005/2006 operating budget
4. Resolution authorizing the execution oflease/purchase financing agreements for the
acquisition of a paramedic ambulance and street sweeper through the Association of Bay
Area Governments Leasing Program
PUBLIC HEARING
5. Consideration of an ordinance ofthe City of South San Francisco amending SSFMC
Code Chapter 20.65 restricting the locations of and requiring security for the cultivation
of medical marijuana (Case No. P06-0017)
REGULAR CITY COUNCIL MEETING
AGENDA
MARCH 22, 2006
PAGE 2
6. Consideration of PUDM05-0002, modification of Specific Plan No.2 - Fairway Plaza
(California Golf Course Development Study), to allow a minor variation in allowable
building size, and design review of a proposed 2,000 s.f. addition to Building B in the
Fairway Plaza Shopping Center, 925-955 EI Camino Real; Owner: Dick Lee Corp.;
Applicant: Bank of America (Case No. P05-0160)
ADMINISTRATIVE BUSINESS
7. Status report on Wet Weather Program and resolution authorizing agreement with Harris
& Associates for the Wet Weather Program Phase II design services in the amount of
$708,000
COUNCIL COMMUNITY FORUM
ADJOURNMENT
REGULAR CITY COUNCIL MEETING
AGENDA
MARCH 22, 2006
PAGE 3
'rllclamattllu
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
NA TIONAL LIBRARY WEEK
April 28, 2006
WHEREAS, our nation's libraries provide something for everyone; and
WHEREAS, libraries play a vital role in providing mil/Ions of people with the
resources they need to live, leam, work, govem and thrive in the 2 JM cenhlry; and
WHEREAS, libraries are part of the American Dream - places for opportunity,
education, self-help and lifelong leaming; and
WHEREAS, libraries bring you a world of knowledge both in person mid online, as
well as personal service and assistance in finding what you need, when you need it; and
WHEREAS, South San Francisco Public Library is actively committed to providing
access. to the best possible combination of library materials and services to meet the
information, educational and recreational needs of our diverse community; and
WHEREAS, libraries, librarians, library workers and supporters across America
are celebrating National Library Week with The Campaign for America's Libraries.
NOW, 11fEREFORE, the City Council of the City of South Sml Frmlcisco, does
hereby proclaim the week of April 2-8, 2006 as
"NATIONAL LiBRARY WEEK"
and encourage all residents to support and use their library and come discover all
the ways you can change your world@your library.
Joseph Femekes, Mayor
Richard Garbarino, Vice Mayor
Mark. Addiego, Councilmember
Pedro Gonzalez, Councilmember
Karyl Matsumoto, Counci/member
Dated: March 22, 2006
'rl1tlamatil1n
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
NA TlONAL PUBLIC HEALm WEEK
APRIL 3-9. 2006
WHEREAS, the San Mateo County Public Health Division protects, maintains, and
improves the health of the people of San Mateo County by monitoring and assessing the
health status of the community, and identifYing and preventing potential health problems;
and
WHEREAS, the citizens of South San Francisco bene/it every day from the efforts of
the public health workforce when eating at restaurants, drinhng tap water, leaming about
prevention of deadly diseases or receiving vaccinations; and
WHEREAS, the efforts of public health workers to protect the public are of even
greater significance in light of the threat of terrorism; and
WHEREAS, public health efforts accomplish the goal of healthier communities
through cooperation and partnership with local cities. community based organizations, and
individuals; and
WHEREAS, each of us needs to do our part by tahng personal responsibility to
improve behaviors by not using tobacco, participating in regular, safe physical activity and
eating more fruits and vegetables in order to prevent disease; and
WHEREAS. the citizens of South San Francisco recognize the essential role public
health plays in their every day lives; and
WHEREAS, the 2006 celebration of National Public Health Week will focus on
children's health and the built environment with a theme of "Designing Healthy
Communities, Raising Healthy Kids. "
NOW, mERE FORE, the City Council of the City of South San Francisco, does
hereby proclaim April 3-9, 2006 as
"NATIONAL PUBLIC HEALm WEEK"
in the city of South San Francisco, and calls upon all citizens to join in celebrating this
special week.
Joseph A. Femekes, Mayor
Richard A. Garbarino, Vice Mayor
Mark N Addiego, Councilmember
Pedro Gonzalez, Councilmember
Karyl Matsumoto, CouncUmember
Dated; March 22, 2006
'rl1(lamatil1U
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO,. STATE OF CALIFORNIA
MEDITATION WEEK
MARCH 19-25,2006
WHEREAS, the Peninsula Conflict Resolution Center was founded as an
independent corporation in November 1986 to provide community mediation sen'ices and
to promote positive collaboration and active engagemen.t by residents in San Mateo
County; and
WHEREAS, the Peninsula Conflict Resolution Center uses volunteer mediators,
including residents of the city of South Sml Francisco who are ready, trained and able to
act as volunteer mediators whenever called upon by our citizens; mId
WHEREAS, these volunteers donate their time by both talking individually with
disputing parties to help them prepare for meeting in a mediation session, and then
facilitating mediation sessions that help people find solutions which meet both of their
interest; and
WHEREAS, the PeninS1lla Conflict Resolution Center, the Governor of California,
the Sml Mateo County Board of Supervisors, and the Multi.-Option ADR Project S1Ipport
California Mediation Week 2006 and are engaged in promoting the use of mediation mId
raising public consciousness about its merits during the week of March 19 through 25,
2006.
NOW, THEREFORE, the City Council of the city of South San Francisco, does
hereby proclaim the week of March 19-25, 2006, as
"Mediation Week"
in the city of South San Francisco, and expresses sincere appreciation to those members of
our community who are working diligently to assist their fellow citizens with their conflict
resolution need.
Joseph A. Fernekes, Mayor
Richard A.Garbarino, Vice Mayor
Mark N. Addiego, Councilmember
Pedro Gonzalez, Councilmember
Karyl MatS1lmoto, Councilmember
Dated; March 19,2006
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AGENDA ITEM #3
S taff R~ort
DATE:
March 22, 2006
TO:
Honorable Mayor and City Council
FROM:
Valerie Sommer, Library Director
SUBJECT:
RESOLUTION AUTHORIZING THE ACCEPTANCE OF $17,000 IN
GRANT FUNDING FROM THE ATKINSON FOUNDATION AND THE
PENINSULA COMMUNITY FOUNDATION TO SUPPORT PROJECT
READ SERVICES AND AMENDING THE LIBRARY DEPARTMENT'S
2005/2006 OPERATING BUDGET
RECOMMENDA TIONS:
It is recommended that the City Council adopt a resolution accepting grant funding in the amount
of $15,000 from the Atkinson Foundation and $2,000 from the Peninsula Community Foundation
to support Project Read services, and amend the Library Department's operating budget for fiscal
year 2005/2006.
BACKGROUND:
Project Read has been awarded $15,000 in funding from the Atkinson Foundation to support Learning
Wheels, a free program that provides vital literacy services to low-income families in South San Francisco
and surrounding cities. Learning Wheels visits schools, daycare centers, health care centers, homeless
shelters and other community sites to provide story times, free books, access to interactive educational toys,
and community information designed at an easy-to-understand level.
Project Read has been awarded $2,000 from the Peninsula Community Foundation through their Automated
Technical Assistance Management (AT AM) grant program. The money will be used to hire a consultant to
update the design of Project Read's database to allow learner goals and accomplishments to be tracked more
effectively.
FUNDING:
Grant funds received in fiscal year 2005/2006 will be used to amend the Library Department's current
budget. Funds not expended by the end of fiscal year 2005/2006 will be carried over into fiscal year
2006/2007. Receipt of these funds does not commit the City to ongoing funding after the close of the grant
cycle.
Staff Report
Subject: Acceptance of $17,000 in grant funding to support Project Read Programs
Page 2
CONCLUSION:
Receipt of these funds will enable Project Read to continue programs and services which are not otherwise
funded and will provide the community with additional literacy services. It is recommended that the City
Council accept $17,000 in grant fundiing to support Project Read and amend the Library Department's fiscal
year 2005-2006 operating budget.
By: J~~ ~~
Valerie Sommer
Library Director
Attachment: Resolution
RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF
$17,000 IN GRANT FUNDING FROM THE ATKINSON
FOUNDATION AND THE PENINSULA COMMUNITY
FOUNDATION TO SUPPORT PROJECT READ
SERVICES AND AMENDING THE LIBRARY
DEPARTMENT'S 2005/2006 OPERATING BUDGET
WHEREAS, staff recommends the acceptance of $15,000 from the Atkinson
Foundation and $2,000 from the Peninsula Community Foundation to support Project Read
services; and
WHEREAS, the funds will be used to amend this year's operating budget of the
Library Department.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South
San Francisco that the City Council hereby accepts $15,000 from the Atkinson Foundation
and $2,000 from the Peninsula Community Foundation to support Project Read services and
amends the 2005-2006 Operating Budget, to reflect an increase of $17,000 to the Library
Department's budget.
*
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I hereby certify that the foregoing Resolution was regularly introduced and adopted
by the City Council of the City of South San Francisco at a regular meeting held on the
_day of , 2006 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
810670-1
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AGENDA ITEM #4
Staff Report
DATE: March 22, 2006
TO: The Honorable Mayor and City Council
FROM: Jim Steele, Finance Director
SUBJECT: RESOLUTION APPROVING AN EQUIPMENT LEASE THROUGH THE
ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) LEASING
PROGRAM
RECOMMENDATION:
It is recommended that the City Council adopt a resolution authorizing a Master Lease
Agreement with the Municipal 18'inance Corporation, through the Association of Bay Area
Governments (ABAG) Leasing Program, to acquire an Advanced Life Support (ALS)
Ambulance and a Street Sweeper.
BACKGROUNDIDISCUSSION:
The Council has approved replacement of an ALS ambulance and a street sweeper in the 2005-06
budget. Both acquisitions were designated in the budget to be purchased through lease financing.
Lease financing allows the City to preserve cash resources by spreading acquisition expenditures
over several years at a relatively low, tax -exempt interest rate, which better represents costs over the
life of the asset. The City's general practice has been to lease finance the more expensive items in
the fleet. It is estimated that the interest rate on this financing will be 4.65%.
ABAG offers a leasing program through the ABAG Financial Services division. The ABAG Leasing
Program is designed to provide cities and other agencies with the lowest possible market lease rates
on a tax -exempt basis. The City has used lease/purchase financing of heavy equipment in the past to
take advantage of tax exempt financing for expensive equipment. The advantage in using the ABAG
Leasing Program is that lower intlerest rates can be obtained through competitive bidding with
minimal underwriting, administrative, and legal fees. The Municipal Finance Corporation will
facilitate the bidding process and recommend qualifying bidders to the City. Access to a wider range
of lenders should result in lower rates for the City's leasing transactions. The Municipal Finance
Corporation will also assist the City in negotiating lease purchase terms and preparing the final lease
documents.
Under the ABAG Leasing Program" the City's acquisition costs of approximately $300,095 will be
reimbursed from lease proceeds, and the City will make payments over the term of the leases.
Staff Report
To: Honorable Mayor and City Council
Re: ABAG Leasing Program
Date: March 22, 2006
Page: 2 of 2
FISCAL IMPACT:
The purchase cost for the two vehicles is $300,095. Annua11ease purchase costs are estimated to be
$36,300 in the Fire Department and $31,700 in the Public Works Department. Funds have been
budgeted for these costs.
CONCLUSION:
The ABAG financing program will provide cost effective financing for the replacement of two key
pieces of the City's fleet.
~
By: -
Jim teele
Finance Director
APProVed:~ ~ ~)
. Nagel
City Manager
Attachment: Resolution
IN/JS/BN :ed
RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING THE EXECUTION AND
DELIVERY OF LEASE/OPTION AGREEMENT AN
ESCROW AGREElvfENT,ANDAUTHORIZINGCERTAIN
ACTIONS IN CONNECTION WITH THE ACQUISITION
OF AN ALS AMBULANCE, AND STREET SWEEPER
INCLUDING THE DECLARATION OF THE COUNCIL'S
INTENT TO ISSUE TAX-EXEMPT OBLIGATIONS TO BE
USED TO RElMBIJRSE THE CITY FOR EXPENDITURES
PRIOR TO THE ISSUANCE OF SUCH TAX-EXEMPT
OBLIGATIONS
WHEREAS, the City of South San Francisco (the "City") is a city organized and
existing under and pursuant to the Constitution and laws of the State of California (the
"State"); and
WHEREAS, the City desires to provide for financing of the acquisition of an ALS
ambulance and street sweeper in an approximate amount of $300,095; and
WHEREAS, the City expeets to incur certain Property expenditures and to pay for
such expenditures from the City's money on hand prior to the execution and delivery ofthe
Obligations (the "Reimbursement Expenditures"); and
WHEREAS, the City reasonably expects to use all or a portion of the proceeds of the
Obligations to reimburse the City for expenditures made prior to the date the Obligations are
entered into; and
WHEREAS, the Association of Bay Area Governments ("ABAG") provides a Tax-
Exempt Lease Program, administered by Municipal Finance Corporation (the
"Corporation"), which program provides interested jurisdictions with the opportunity to
engage in privately-placed lease financings: and
WHEREAS, the City desires to secure lease financing through the ABAG program at
an interest rate not to exceed 5.25%;
WHEREAS, the Corporation will solicit competitive proposals on behalf of the City
and will assign the lease to the financial institution offering the most cost-effective lease
financing arrangement.
812078-1
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South
San Francisco that the City Council hereby resolves as follows:
SECTION 1. Lease/Option Agreement and Escrow Agreement. The City Manager
and/or Finance Director is hereby authorized to enter into a Lease/Option Agreement (the
"Lease") and Escrow Agreement (the "Escrow Agreement") with the Corporation to finance
the Property, subject to approval as to form by the City Attorney.
SECTION 2. Attestations. The Clerk or other appropriate City officer are hereby
authorized and directed to attest the signature of the City Manager, the Finance Director or of
such other person or persons as ma.y have been designated by the Mayor or City Manager,
and to affix and attest the seal of the City, as may be required or appropriate in connection
with the execution and delivery of the Lease and the Escrow Agreement.
SECTION 3. Other Actions. The City Manager, the Finance Director, and other
officers of the City are each hereby authorized and directed, jointly and severally, to take any
and all actions and to execute and deliver any all documents and certificates which they may
deem necessary or advisable in order to carry out, give effect to and comply with the terms of
this Resolution, the Lease, and the Escrow Agreement. Such actions are hereby ratified,
confirmed and approved.
SECTION 4. Declaration of Official mtent. The City herby declares its official
intent, subject to the further approval of this Board of Directors, to use approximately
$300,095 of the proceeds of the Obligations to reimburse itself for the Reimbursement
Expenditures. It is intended that this Resolution shall constitute a declaration of "official
intent" within the meaning of Section 1.150-2 of the Treasury Regulations promulgated
under Section 150 ofthe Internal Revenue Code of 1986, as amended. City further declares
that any expenditures to be reimbursed occurred no earlier than sixty days prior to the
adoption of this Resolution. All reimbursed expenditures will be capital expenditures as
defined in Section 1.150-1 (b) of the Federal mcome Tax Regulations
SECTION 5. Qualified Tax-Exempt Obligations. The Lease is hereby designated as
"qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the mtemal
Revenue Code of 1986, as amended (the "Code").
SECTION 6. Effect. This Resolution shall take effect immediately upon its passage.
*
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812078-1
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 , 2006 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
812078-1
ATTEST:
City Clerk
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'<l~~~\~ Staff R~ort
AGENDA ITEM #5
DATE:
TO:
FROM:
SUBJECT:
March 22, 2006
Honorable Mayor and City Council
Marty VanDuyn, Assistant City Manager
AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO
AMENDING THE SOUTH SAN FRANCISCO MUNCIPAL CODE TO ADD
CHAPTER 20.65 RESTRICTING THE LOCATIONS OF AND
REQUIRING SECURITY FOR THE CULTIVATION OF MEDICAL
MARIJUANA
Case Nos.: Project P06-0017: PCA06-0001
Applicant: City of South San Francisco
RECOMMENDATION
It is recommended that the City Council conduct a public hearing, waive reading and introduce
an ordinance regulating the locations and conditions for the individual and collective cultivation
of medical marijuana. The proposed ordinance further clarifies the relationship of a Primary
Caregiver to his or her patient.
BACKGROUND
In 1996, the voters ofthe State of California passed Proposition 215, known as the Compassionate Use
Act (subsequently referred to as "the Act"), which essentially legalized the possession, cultivation and
maintenance of medical marijuana.
The Act was codified as Section 11362.5 ofthe California Health & Safety Code.
In 2004, the voters of the State of California passed SB 420, known as the Medical Marijuana
Program, which further clarified medical marijuana issues, particularly as to who could possess,
cultivate and maintain medical mariju:ma, as well as the amounts of medical marijuana that could be
possessed, cultivated or maintained.
The Medical Marijuana Program was codified as 11362.7, et seq. of the California Health & Safety
Code. State law does not require that Medical Marijuana be secured or regulate where it may be
zoned.
Section 11362.83 of the California Health & Safety Code "does not prevent a city or other local
governing body from adopting and enforcing laws consistent" with State law.
Staff Report
Subject: Medical Marijuana Dispensaries
Date: March 22, 2006
Page 2 of 4
As such, the City of South San Francisco must comply with California State Law, and may also pass
reasonable regulations to secure Medical Marijuana and zone it appropriately. The ordinance, in
compliance with California Health & Safety Code Section 11362, does not interfere with a patient's
right to medical marijuana, nor does it criminalize the possession or cultivation of medical marijuana
by specifically defined classifications of persons, pursuant to the State Law.
DISCUSSION
On March 2, 2006 the Planning Commission approved a proposed amendment to the Municipal Code,
creating Chapter 20.65 - Medical Marijuana Regulations.
Collective possession, cultivation and maintenance of medical marijuana is legal under State Law,
provided that the members ofthe Collective belong to one ofthree classifications of persons:
a. Primary Caregiver
"The individual, designated by a qualified patient or a person with an identification card, who
has consistently assumed responsibility for the housing, health, or safety of that patient or
person." [Section 11362.7(d)]
b. Person with an Identification Card
"An individual who is a qualified patient who has applied for and received a valid
identification card pursuant to California Health & Safety Code 9 11362.7."
c. Qualified Patient
"A person who is entitled to use medical marijuana on the terms and conditions of the
Compassionate Use Act, but does not have an identification card." [Section 11362.7(f)]
The proposed ordinance addresses the following, at minimum:
· Clarifies and ensures a true "responsible" relationship between the Primary Caregiver and his
or her patients as to their "health, safety and housing"
· Requires secure cultivation at individual households in Residential Districts
· Requires approval of a Conditional Use Permit for non-residential collectives
· Requires amounts of Medical Marijuana on the Premises comply with established State
standards
· The proposed Ordinance would limit the number of patients to no more than 10 individuals
· The Primary Caregiver is required to keep a list of his or her assigned ten qualified patients
· All persons with Identification Cards must obtain those identification cards pursuant to written
recommendation, after an actual examination from their licensed, attending physician
· The location of the collective shall be prohibited in all residential zoning districts
Staff Report
Subject: Medical Marijuana Dispensaries
Date: March 22, 2006
Page 3 of 4
Please refer to the attached Planning Commission Staff Report for additional details.
Public Hearing Comments and Concerns
Several members of the public spoke about their concerns with having Medical Marijuana
Dispensaries in South San Francisco.
Several members of the audience were against having Medical Marijuana available in South San
Francisco. Many of these citizens appeared to be unaware that Medical Marijuana has already been
approved by the voters of California, and codified into California State Law.
One member ofthe audience was concerned that the proposed ordinance effectively outlawed outdoor
cultivation, which is not tme. The ordinance merely requires that outdoor cultivation be secured.
This individual was also concerned tha.t exclusive indoor cultivation could prove to be hazardous and a
potential violation of the Uniform Fire Code. The proposed ordinance does not promote the arbitrary
inspection of residential households on these issues. Any potential Code Enforcement issues as to
individual households and residences would likely be driven by neighbor complaints.
One audience member was passionate about medical marijuana, and adamantly spoke in support of the
legalization of marijuana and her personal experiences with it. She chastised all attendees of the
meeting who did not agree with her perspective.
One of the audience members stated, as a user of medical marijuana, that reasonable regulations were
necessary in order to secure medical marijuana from children and passersby. Still, he also felt the
proposed ordinance's restricting of Primary Caregivers to 10 Qualified Patients or Persons with
Identification Cards could be preempted by State Law.
In response to that concern, while the State does not specifically assign the number of in-county
Qualified Patients or Persons with an Identification Card per Primary Caregiver, the definition of
Primary Caregiver is specifically defined. Again, a Primary Caregiver is an individual, "who has
consistently assumed responsibility for the housing, health, or safety ofthat patient or person."
Furthermore, State Law specifically restricts Primary Caregivers to ONE (1) out-of-countv Qualified
Patient or Person with an Identification Card.
Thus, a Primary Caregiver is required to have an actual relationship with his or her patients, and it is
reasonable to infer that he or she could not be consistently responsible for the housing, health or safety
of an unlimited number of people. The City Attorney's research into case law revealed, in the matter
of The People v. Urziceanu, that the court found a Primary Caregiver assigned to 100 Qualified
Patients or Persons with Identification Card was effectively, just a dmg dealer.
Staff Report
Subject: Medical Marijuana Dispensaries
Date: March 22, 2006
Page 4 of4
Staff research also revealed that Residential Care Facilities are allowed no more than six (6) patients
for every licensed healthcare professional, before the State of California mandates additional
restrictions, conditions and requirements.
As staff recognizes a Primary Caregiver would not be required to meet the same standards as a licensed
healthcare professional, it is reasonable that a Primary Caregiver could factually and consistently
assume the responsibility for the housing, health and safety of no more than 10 persons.
Lastly, in agreement with the San Mateo County District Attorney's Office, the proposed ordinance
maintains that retail stores (often referred to as "clubs, distribution centers or dispensaries"), where
nothing other than a seller-consumer relationship exists, are illegal.
Only tme medical marijuana collectives, where a factual care relationship exists between the Primary
Caregiver and his or her patients, would be legal.
CONCLUSION
The South San Francisco Police Department has documented a three-year history of public health and
safety problems from adj acent jurisdictions, which are associated with the cultivation and distribution
of medical marijuana in residential neighborhoods.
Restricting medical marijuana collectives to areas other than Residential Districts within the City does
not prevent persons who may legitimately use marijuana for medical purposes from obtaining it nor
does it unreasonably interfere with the ability to obtain it legally.
Additionally, assuring that individual household marijuana cultivation in residential areas is not visible
to the public domain and reasonably secured so as to preclude an enticement to commit theft or other
illicit use, does not prevent persons who may legitimately use marijuana for medical purposes from
obtaining it nor does it unreasonably interfere with the ability to obtain it legally.
B~(:j$~r
Marty Van Du
Assistant City Manager
Attachment:
City Council Ordinance
Planning Commission
Resolution 2651-2006
Staff Report - March 2,2006
Minutes - March 2, 2006
AN ORDINANCE OJ? THE CITY OF SOUTH SAN FRANCISCO
AMENDING THE SOUTH SAN FRANCISCO MUNCIPAL CODE
TO ADD CHAPTER 20.65 RESTRICTING THE LOCATIONS OF
AND REQUIRING SECURITY FOR THE CULTIVATION OF
MEDICAL MARIJUANA
WHEREAS, the voters ofthe State of California approved the medical use of marijuana by
approving Proposition 215 and Senate Bi1l420 (Health & Safety Code S 11362.5 through 11362.77);
and
WHEREAS, the intent of Proposition 215 and Senate Bi1l420 was to enable persons who are
in need of marijuana for medical purposes to be able to obtain and use it without fear of criminal
prosecution under specified circumstances; and
WHEREAS, in order to protect the public health, safety and welfare, it is necessary to restrict
areas in which medical marijuana may be distributed to those who qualify for its use in accordance
with state law; and
WHEREAS, it is the City Council's intention that nothing in this Ordinance shall be deemed
to conflict with federal law as contained in the Controlled Substances Act, 21 U.S.C. Section 841,
nor to otherwise permit any activity that is prohibited under said Act; and
WHEREAS, it is the City Council's intention that nothing in this Ordinance shall be
constmed to (1) permit persons from engaging in conduct that endangers others or causes a public
nuisance, (2) permit the use of marijuana for non-medical purposes, or (3) permit any activity
relating to the cultivation, distribution, or consumption of marijuana that is otherwise illegal.
NOW, THEREFORE, BE IT ORDAINED BY THE SOUTH SAN FRANCISCO CITY
COUNCIL:
SECTION 1. The City Council ofthe City of South San Francisco finds as follows:
1. The South San Francisco Police Department has documented a three-year history of
public health and safety problems from adjacent jurisdictions, which are associated
with the cultivation and distribution of medical marijuana in residential
neighborhoods.
2. Based on said documentation, investigation and reports compiled by the South San
Francisco Police Department, the cultivation and distribution of marijuana in
residential neighborhoods promotes excessive traffic and noise, attracts criminal
elements and creates a substantial risk of criminal conduct, including burglary,
assault, theft, and results in firearms and other deadly weapons being displayed, all in
family neighborhood settings. Numerous collateral impacts on public health and
safety from adjacent jurisdictions have been reported.
3. The cultivation and distribution of marijuana in residential districts tends to promote
1
juvenile delinquency by introducing a controlled substance into neighborhood
settings where minors are frequently unsupervised.
4. The health, welfare and safety of the citizens of South San Francisco will be well
served by prohibiting collective marijuana cultivation in residential districts.
5. Restricting medical marijuana collectives to areas other than Residential Districts
within the City does not prevent persons who may legitimately use marijuana for
medical purposes from obtaining it nor does it unreasonably interfere with the ability
to obtain it legally.
6. Additionally, assuring that individual household marijuana cultivation in residential
areas is not visible to the public domain and reasonably secured so as to preclude an
attractive nuisance to juveniles for theft or other illicit use, does not prevent persons
who may legitimately use marijuana for medical purposes from obtaining it nor does
it unreasonably interfere with the ability to obtain it legally.
SECTION 2. Based on the foregoing, a new Chapter 20.65 is hereby added to the South San
Francisco Municipal Code, to read as follows:
"CHAPTER 20.65"
MEDICAL MARIJUANA REGULATIONS
20.65.010
Purpose and Intent
It is the purpose and intent ofthis chapter to regulate the collective cultivation of medical
marijuana within the city limits, and to require that marijuana cultivated in individual households be
appropriately secured so as not to be visible to the public domain, to provide for the health, safety
and welfare ofthe public.
Medical Marijuana Collectives may not be operated or located in any residential district, as
defined in 20.65.020(f). Medical MaJijuana Collectives may not be operated or located within 500
feet of any such district.
The ordinance, in compliance with California Health & Safety Code Section 11362, does not
interfere with a patient's right to medical marijuana, nor does it criminalize the possession or
cultivation of medical marijuana by specifically defined classifications of persons, pursuant to state
law.
20.65.020
Definitions
The following words and phrases, when used in this chapter, shall be construed as defined in
this section, unless it is apparent from the context that they have a different meaning:
2
A. "Qualified patient" means a person who is entitled to the protections of California
Health & Safety Code S 11362.7, but who does not have an identification card issued pursuant to
California Health & Safety Code S 11362.
A Qualified Patient is someone who could possess a valid identification card pursuant to
California Health & Safety Code S 11362.7, but has either failed to apply for such a card, or not yet
received such a card. The patient is deemed as qualified, if a licensed physician would have
recommended the patient use marijuana for medical relief.
B. "Person with an Identifieation Card" means an individual who is a qualified patient who
has applied for and received a valid identification card pursuant to California Health & Safety Code
S 11362.7.
The Identification Card must be obtained via written recommendation from the individual's
attending licensed physician, after an examination.
An "attending physician" is defined as a duly licensed medical doctor, who has the
patient's medical records. Those patients, who seek medical services from clinics, are required to
obtain identification cards from said clinics.
C. "Primary Caregiver" means a primary caregiver as that term is defined in Health &
Safety Code S 11362.7, designated by a qualified patient or by a person with an identification card,
who has consistently assumed responsibility for the housing, health, or safety of that patient.
For the purposes ofthis Chapter, "Primary Caregiver" is defined as:
1. An individual who has been designated as a Primary Caregiver by one or more
Qualified Patients or Persons with Identification Card, if every Qualified Patient or
Person with Identifieation Card who has designated that individual as a primary
caregiver, resides in the same city or county as the primary caregiver.
2. An individual who has been designated as a primary caregiver by a qualified
patient or person with an identification card, who resides in a city or county other
than that of the primary caregiver, if the individual has not been designated as a
primary caregiver by any other qualified patient or person with an identification card.
If the Primary Caregiver and Qualified Patient or Person with Identification Card
do not live in the senne city or county, only one Qualified Patient or Person with
Identification Card may designate this individual as his or her Primary Caregiver.
This Primary Care~~ver will have no other Qualified Patients or Persons with
Identification Card designated to him or her from outside the county.
3. A Primary Caregiver shall be at least 18 years of age, unless the Primary
Caregiver is the parent of a minor child who is a Qualified Patient, and the parent of
such minor child is also a minor.
3
4. As it is reasonable that Primary Caregivers are unable to consistently assume
responsibility for the housing, health or safety of an unlimited number of persons, the
number of Qualified Patients or Persons with Identification Cards to Primary
Caregiver is limited to no more than ten (10) Qualified Patients or Persons with an
Identification Card.
The Primary Caregiver must keep a list of his or her assigned ten (10) Qualified
Patients or Persons with an Identification Card; such a list must minimally contain
those persons' contact information, such that it may be immediately provided to the
Chief of Police upon request, for the purposes of determining the proper legal
amounts of cultivated and/or dried marijuana that may be possessed at the collective.
Only these three classifications of person may possess or cultivate medical marijuana
individually or collectively, in accordance with California Health & Safety Code S 11362.7.
D. "Medical Marijuana Collective" or "Collective" means a location where marijuana is
cultivated collectively by more than one Qualified Patient, Person with Identification Card or
Primary Caregiver.
Medical marijuana cultivated collectively may be distributed by a Primary Caregiver to a
Qualified Patient or patients, or to a Person or Persons with Identification Card(s) for medical
purposes, in accordance with Health & Safety Code SI1362.7, et seq.
E. "Police Chief' means the City's Chief of Police or the Chiefs designee.
F. "Residential District" means any area within the city limits that is designated in the City's
zoning ordinance as one of the following districts: R-E, R-l, R-2, R-3, TV-RM, TV-RH, any
residential P.U.D, the Westborough Townhomes Overlay District, and the Downtown Residential
Overlay District where the underlying zone is R-2 or R-3, or any subsequently created zoning district
whose primary use is residential in character.
20.65.030
Enforcement of Chapter
The Police Chief shall have the duty and responsibility to enforce any violations of Sections
20.65.040 and 20.65.060(b-c) ofthis Chapter, and to report and enforce against any violations of the
Conditions of Approval attached to Use Permits obtained under the authority of the Section
20.65.050. The Police Chief shall provide a report of all violations of these provisions to the Chief
Planner for possible revocation of Use Permits obtained under the authority of Section 20.65.050 of
the Chapter, pursuant to the Use Revocation procedures contained in Chapter 20.91 of this Code.
The Chief Planner shall have the duty and responsibility of processing and referring to the
Planning Commission all Use Permit applications using the minimum guidelines established by
Section 20.65.050 consistent with the Use Permit procedure established by Chapter 20.81 of this
Code. The Chief Planner shall also have the duty and responsibility to consider the initiation of
modification or revocation proceedings in accordance with the procedures outlined in Chapter 20.91
4
of this Code.
20.65.040
Registration
Primary Caregivers, Qualified Patients and Persons with Identifications Cards cultivating
medical marijuana at such Collectives shall register the collective with the Police Chief, providing
the name of a responsible party, a telephone number, the place of operation of the Medical Marijuana
Collective, and such other information as may be reasonably required by the Police Chief.
20.65.050
Operating Restrictions
A. Only Qualified Patients, Persons with Identification Cards and Primary Caregivers may
cultivate Medical Marijuana collectively. Medical Marijuana Collectives may not operate in a
Residential District. Collectives shall otherwise comply with all provisions of the South San
Francisco Municipal Code, including the Zoning Ordinance, and the California Health & Safety
Code.
B. Medical Marijuana Collectives are required to obtain a Use Permit to operate within the
city limits. This Use Permit may be immediately revoked pending a hearing at the Planning
Commission for any violation of law, or failure to comply with the conditions listed on said Use
Permit.
C. The Use Permit Conditions will be the following, at minimum:
1. The applicant shall comply with the provisions of Chapter 15.48 of the Municipal
Code; "Minimum Building Security Standards" Ordinance revised May 1995
2. Absolutely no advertising of marijuana is allowed at any time.
3. Exterior signage is limited to site addressing only.
4. The collective site will be monitored at all times, by web-based closed circuit
television for security purposes. The camera and recording system must be of
adequate quality, color rendition and resolution, as to allow the ready identification of
any individual committing a crime anywhere on the site.
5. A centrally monitored alarm system is required.
6. Interior building lighting, exterior building lighting and parking area lighting will be
of sufficient foot-candles and color rendition, so as to allow the ready identification
of any individual committing a crime on site at a distance of no less than 40 feet. 40
feet allows a person n:asonable reaction time upon recognition of a viable threat.
7. Windows and roofhatches will be secured with bars on the windows so as to prevent
unauthorized entry, and be equipped with latches that may be released quickly from
the inside to allow exit in the event of emergency.
8. Absolutely no cultivated marijuana or dried marijuana product may be visible from
the building exterior.
9. Only cultivation will be allowed. No further refinement of marijuana, or the
preparation of marijuana products, such as but not limited to hashish, "hash oil" or
marijuana butter is allowed.
10. No cooking, sale, preparation or manufacturing of marijuana enhanced or edible
5
products is allowed.
11. No sales of cultivated marijuana are allowed on site.
12. No persons under the: age of 18 are allowed on site, unless such individual is a
qualified patient and accompanied by their licensed attending physician, parent or
documented legal guardian.
13. The amount of marijuana allowed must conform to the California Health & Safety
Code 9 11362.77, divided by the number of participants in the collective.
14. The Police Chief may inspect the collective at any reasonable time to ensure that the
amounts of medical marijuana on site conform to California Health & Safety Code 9
11362.77.
The Police Department reserves the right to make additional security and safety conditions, if
necessary, upon receipt of detailed/revised building plans.
20.65.060
Marijuana Produced[ for On-Site Consumption
A. Nothing in this Chapter shall be deemed to make it unlawful for an individual to grow
marijuana at his or her residence for his or her own consumption at such residence, or for
consumption by another person regularly residing at such residence, if such consumption is permitted
under Health and Safety Code 9 11362.5 through 11362.77.
B. Marijuana cultivated pursuant to these sections must be secured from public access, and
not be visible to the public domain. All cultivated marijuana must be secured in structures consisting
of at least four walls and a roof, and conform to Chapter 15.48 of the South San Francisco Municipal
Code, Minimum Security Standards, as to locks, deadbolts and additional security measures.
C. Medical Marijuana cultivated at registered Collectives may not be consumed on-site, in
the parking areas, inside vehicles, or in those areas already restricted by the California Health &
Safety Code S 11362.79.
20.65.070
Violation and Penalties
Any violation ofthis chapter shall be deemed a misdemeanor, unless the circumstances that
create the violation are subj ect to prosecution as a felony under state or federal law . Any violation of
this chapter shall also be deemed a public nuisance and may be enforced by any remedy available to
the City for abatement of public nuislillces.
SECTION 3. If any section, subsection, sentence, clause or phrase or word of this ordinance is for
any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.
The City Council ofthe City of South San Francisco hereby declares that it would have passed and
adopted this ordinance and each and all provisions thereof irrespective of the fact that anyone or
more of said provisions be declared unconstitutional, unlawful or otherwise invalid.
SECTION 4. This ordinance is hereby found to be categorically exempt from environmental
6
review, per the provisions of Section 15061(b)(3) of the California Environmental Quality Act of
1970 as amended, on April 16, 1997.
SECTION 5. This ordinance shall become effective thirty (30) days after the date of its adoption by
the South San Francisco City Council.
SECTION 6. Publication and Em~ctive Date.
Pursuant to the provisions ofGovemment Code Section 36933, a summary ofthis Ordinance
shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which
this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post
in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the
adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City
Clerk's Office a certified copy of the full text ofthis Ordinance along with the names ofthose City
Council members voting for and against this Ordinance or otherwise voting. This ordinance shall
become effective thirty days from and after its adoption.
Introduced at a regular meeting of the City Council of the City of South San Francisco, held
the 22nd day of March 2006.
Adopted as an Ordinance ofthe City of South San Francisco at a regular meeting ofthe City
Council held the _ day of April 2006, 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 ,,2006.
Mayor
7
RESOLUTION NO. 2651-2006
PLANNING COMl\lISSION, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
A RESOLUTION Oll? THE PLANNING COMMISSION OF THE
CITY OF SOUTH SAN FRANCISCO RECOMMENDING THAT
THE CITY COmrCIL OF THE CITY OF SOUTH SAN
FRANCISCO ADO:PT AN ORDINANCE AMENDING THE
SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADD
CHAPTER 20.65 RJESTRICTING THE LOCATIONS OF AND
REQUIRING SECURITY FOR THE CULTIVATION OF
MEDICAL MARIJUANA.
WHEREAS, in 1996, CaJ~fornia voters enacted the Compassionate Use Act of
1996 ("the Act") which permits 1he possession and cultivation of marijuana for limited
medical treatment purposes; and
. WHEREAS, under the Act, people who comply with certain procedural
requirements may legally possess and cultivate marijuana for certain enumerated medical
conditions; and
WHEREAS, the Act is stIuctured to allow a single individual to be a designated
primary caregiver for qualified patients who reside in the same City or County as the
primary caregiver; and
WHEREAS, numerous California Cities have experienced collateral and
secondary public safety impacts resulting from the unregulated and unrestrained growth
of medicinal marijuana dispensaries and distribution collectives, including reports of
excessive traffic and noise, criminal activity including burglary, assault, theft and
fireamls possession; and
WHEREAS, these secondary criminal impacts have a adverse impact on
residential areas and neighborhoods; and
WHEREAS, the unregulated and unrestrained growth of medicinal marijuana
collectives (whether referred to as distribution centers, "cannabis clubs" or
"dispensaries"), particularly in residential areas, is a matter of public safety concern for
the City; and
WHEREAS, an amendment to the Zoning Code, defining medical marijuana
collectives, placing restrictions on permissible locations, and additionally setting forth
guidelines for their permitting under the Conditional Use Permit procedures of South San
Francisco Municipal Code Chapter 20.81, will serve to balance the health, safety and
welfare concerns of residential neighborhoods within the City of South San Francisco
810381-1
-1-
with the legitimate concerns of qualified patients and persons with identification cards
who legitimately and legally use marijuana for medical purposes in full compliance with
the requirements of the Act; and
WHEREAS, the attached Ordinance mirrors relevant provisions of state law and
provides for a reasonable regulation of medicinal marijuana collectives that is consistent
with both the letter and spirit of the Act's emphasis on a direct relationship between
primary caregiver and qualified patients.
NOW THEREFORE BE IT RESOLVED, that the Planning Commission hereby
recommends that the South San Francisco City Council adopt the attached Ordinance
amending the South San Francisco Municipal Code to add Chapter 20.65 restricting the
locations of and requiring security for the cultivation of medical marijuana.
*
*
*
*
*
*
I hereby certify that the foregoing resolution was adopted by the Planning Commission of
the City of South San Francisco at the regular meeting held on the 2nd day of March,
2006, by the following vote:
AYES: Commissioner Giusti, Commissioner Prouty, Commissioner Romero,
Commissioner Sill, Vice Chairperson Honan, and Chairperson Zemke
NOES: None
ABSTAIN: None
ABSENT: C;ommii;i;ioner TeV1H
&~-
ATTEST- ~
. Commission Secre .
. Thomas C. Sparks
810381-1
-2-
PlannirLg Commission
Staff F:.~eport
DATE:
March 2, 2006
TO:
Planning Commission
SUBJECT: Title of Ordinance: AN ORDINANCE OF THE CITY OF
SOUTH SAN FRANCISCO AMENDING THE SOUTH SAN
FRANCISCO MUNCIPAL CODE TO ADD CHAPTER 20.65
RESTRICTING THE LOCATIONS OF AND REQUIRING SECURITY
FOR THE CULTIVATION OF MEDICAL MARUUANA.
Owner: The City of South San Francisco
Applicant: The City of South San Francisco
Case Nos. P06-0017 & PCA06-0001
RECOMMENDATION:
It is recommended that the Planning Commission adopt the attached resolution recommending,
that the City Council adopt the attached ordinance regulating the locations and conditions for the
individual and collective cultivation of medical marijuana. The proposed ordinance further clarifies
the relationship of a Primary Caregiver to his or her patient
BACKGROUND/DISCDSSION:
In 1996, California voters enacted the Compassionate Use Act of 1996 ("the Act"), now codified in
Health and Safety Code Section 11362.5.1 The Act permits possession and cultivation of
marijuana for limited medical treatment purposes, subject to certain procedural requirements of
the Act.
Therefore, a person who qualifies and complies with conditions set forth in the Act may legally
possess and cultivate marijuana for medical treatment purposes. Stated another way, possession
and cultivation of marijuana in fiul compliance with the Act is a legal activity under California law.
On]anuary 1, 2004, SB 420, entitled the Medical Marijuana Program, now codified in Health and
Safety Code Section 11362.7 et seq., went into effect and clarifies the scope of the Compassionate
Use Act.
1 All statutory references are to the Health and Safety Code Section unless otheIWise noted.
-3-
Staff Report
To: Planning Commission
Medical Marijuana
March 2, 2006
Page 2
For instance, Section 11362.7(d)(2) allows a single individual to be a Primary Caregiver2 to provide
medical marijuana to an unlimited number of persons who are qualified patients' or persons with
identification cards as long as every qualified patient or person With an identification card resides in
the same city or county as the primary caregiver.
Additionally, SB L120 allows a Primary Caregiver to receive compensation for "actual expenses,"
including reasonable cornpensation incurred for services provided to an eligible qualified patient or
person with an identification card to enable that person to use marijuana, and payrilent for out of
pocket expenses incurred in providing services"
Finally, Section 11362.83 of the HeaJlth and Safety Code states: "[N]othing in this article shall
prevent a city or other local governing body from adopting and enforcing laws consistent with this
article."
The ordinance, in compliance with California Health & Safety Code Section 11362, does not
interfere with a patient's right to medical marijuana, nor does it criminalize the possession or
cultivation of medical marijuana by specifically defmed classifications of persons, pursuant to the
State Law
DISCUSSION
1. Medical Marijuana Collectives
The term "medical marijuana collec1ive" is not defined by either the Compassionate Use Act or
the Medical Marijuana Program.
California law defmes three classifications of persons:
a. Primary Care/a"ver
"The individual, designated by a qualified patient or a person with an identification card,
who has consistently assumed responsibility for the housing, health, or safety of that patient
or person." [Section 11362.7 (d)]
b. Person with an IdentIfication Card
2 A "Primary Caregiver" is defined as "the individual, designated by a qualified patient or a person with an
identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or
person." [Section 11362.7(d)1
3 A "Qualified Patient" is a person who is entitled to use medical marijuana on tlle terms and conditions of tlle
Compassionate Use Act, but does not have an identification card. ISection 11362.7(f)]
4 Section 11362.765(c).
-4-
Staff Report
To: PIClllning Comrnission
Medical Marijuana
March 2, 2006
Page 3
"An individual who is a qualified patient who has applied for and received a valid
identification card pursuant to California Health & Safety Code ~ 11362.7."
c. QuaiJfj"ed Patient
"A person who is entitled to use medical marijuana on the terms and conditions of the
Compassionate Use Act, but does not have an identification card." [Section 11362.7(f)]
Only these three classifications of individual may legally possess or cultivate medical marijuana in
California.
An individual member of any of the aforementioned classifications may cultivate and have in their
possession, no more than:
. Eight (8) ounces of dried and cleaned marijuana buds
. Six (6) adult (flowering) marijuana plants, and
. 12 immature (non-flowering) plants
Licensed attending physicians may recommend more than the listed amounts, if the physician
determines the patient's needs justify it.
Cities and counties may also enact legislation to permit members of the listed classifications to
possess more than the amounts listed per state law. Cities and counties may not enact legislation to
reduce the amounts permitted by state law.
State law allows these three classifications of persons to cultivate marijuana collectively.
The proposed ordinance defmes a Medical Marijuana Collective as "a location where marijuana is
cultivated collectively by more than one Qualified Patient, Person with Identification Card or
Primary Caregiver."
2. Role of Federal Law
Notwithst:mding the Compassionate Use Act and the Medical Marijuana Program, fcdcrallaw
prohibits the possession, cultivation, or distribution of marijuana and any such use is in violation of
federal law.
Thus, currently, tl1e possession and cultivation of marijuana is a legally permitted activity under
California law, but is a violation of federal law. This fact is troublesome, as cities and counties are
required to comply with state law, but significant federal law enforcement exposure still exists.
In December of 2005, the U.S. Supreme Court, in the matter of Raich v. Gonzales, decided that
-5-
Staff Report
To: Planning Commission
Medical Marijuana
March 2, 2006
Page 4.
all marijuana grown in California has an impact in interstate commerce. In doing so, the U.S.
Supreme Court aflirmed federal jurisdiction as to the cultivation of medical marijuana in the
United States, although the decision stops considerably short of requiring local law enforcement to
enforce federal law, and does not preempt state law.
It is the opinion of our legal counsel that an ordinance clarifYing medical marijuana issues in this
jurisdiction must comply with state law.
3. Regulation of Medical Marijuana Collectives
Section 11362.83 of the Health and Safety Code states: "IN]othing in this article shall prevent a city
or other local governing body from adopting and enforcing laws consistent with this article."
In order to regulate this type of use, the City must first amend the Zoning Code to defme medical
marijuana collectives.
As collectives remain undefined under state law, adjacent jurisdictions without ordinances have
suffered significantly from the completely unregulated and unrestrained growth of collectives taking
the guise of "dispensaries," which are illegal under federal and state law, and also pursuant to the
proposed ordinance.
A dispensary, as a fIxed location, cannot "consistently assume responsibility for the housing, health,
or safety of a patient or person," and Ithus, does not conform to the defmition of Primary Caregiver
according to state law.
The Police Department has collected public nuisance data from several communities, which span
a three-year period. Our official investigation of collective cultivation included an in-depth guided-
tour of a well-known medical marijuana dispensary in San Francisco, as well as that dispensary's
marketing and security practices.
We learned that the City and County of San Francisco alone has 44 unregulated distribution
centers, cannabis clubs and marijuana dispensaries (according to The Sa.n Fr;ll1cisco Chromde,
June 2005). The lack of regulations in that jurisdiction has resulted in numerous complaints of
crime and other negative impacts to those neighborhoods where such enterprises were located.
In San Francisco and San Leandro, the cultivation and distribution of marijuana in residential
neighborhoods promoted excessive traflic and noise, attracted criminal elements and created a
substantial risk of criminal conduct, which included burglary, assault, theft, and resulted in fIrearms
and other deadly weapons being displayed, all in family neighborhood settings. Numerous
collateral impacts on public health and safety from adjacent jurisdictions have been reported.
Clearly, the unregulated and unrestrained growth of medical marijuana collectives (whether
referred to as distribution centers, carmabis clubs or "dispensaries"), especially in residential areas,
-6-
Staff Report
To: Planning Commission
Medical Marijuana
March 2, 2006
Page 5
has resulted in sigl1ificant negative public safety concerns.
As collective cultivation is legal pursmmt to state law, the proposed ordinance further defines
collective cultivation. Dispensaries are illeg-aI under all three statutory schemes: Federal, state and
under the proposed local ordinance.
a. Location Restndions
Currently, state law as to medical marijuana cultivation is so sweepingly broad, that an individual
falling into one of the three classifications of persons could legally cultivate medical marijuana on
his or her front lawn. Clearly, cultivation on one's front lawn would pose a prima facie enticement
to commit a crime for juveniles, thieves and opportunists.
Further, if grown collectively, the amount of medical marijuana possessed and cultivated on site
could be eight ounces of dried, cleaned marijuana buds, plus six mature, flowering plants, and 12
immature plants (all of which could be increased by the individual's attending physician),
multiplied by the total number of participants in that collective.
Those collective amounts, if unregulated, could be staggering.
Additionally, state law does not require that medical marijuana be secured from the public, in any
location.
Based on our data and investigation, unregulated and unsecured medical marijuana cultivation,
whether individual or collective, poses a prima facie enticement to commit a crime for juveniles
and passersby.
As such, the proposed ordinance requires that all medical marijuana cultivated in individual
households and for individual use by its residents be secured in a structure with four walls and a
roof, and conform to the minimum security standards as stated in existing South San Francisco
Municipal Code Chapter 15.48.
The proposed ordinance prohibits collective cultivation in residential districts, any residential
Planned Urban Development, the Westborough Townhomes Overlay District, and the Downtown
Residential Overlay District, or any subsequently created zoning district whose primary use is
residential in character; Collectives may not be located or operated anywhere within 500 feet of
such districts.
b. Conditional Use PenlU{
All medical marijuana collectives would be subject to a Conditional Use Permit, as stated in the
proposed ordinance.
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Staff Report
To: Planning Commission
Medical Marijuana
March 2, 2006
Page 6
c. Operators and PartiCljJfl11ts
All operators and participants of a medical marijuana collective must either be a Primary
Caregiver, a Qualified Patient, or Person with Identification Card pursuant to state law.
A Primary Caregiver is defined under state law as "the individual, designated by a Qualified Patient
or a Person with an Identification Card, who has consistently assumed responsibility for the
housing, health, or safety of that patient or person [Section 11362.7(d)).
As such, the proposed ordinance limits the number of patients or persons to ten (I 0), to assure
that the patients or persons assigned to such a Primary Caregiver truly receive reasonably
consistent, responsible and adequate care for the person or patient's housing, health and safety.
The Primary Caregiver is required to keep a list of his or her assigned ten (IO) Qualified Patients
or Persons with an Identification Card, and such list must minimally contain those persons' contact
information, so that it may be immediately provided to the Police Chief upon request, for the
purposes of determining the appropriate legal amounts of cultivated and/or dried marijuana that
may be possessed at the collective.
d. Amowlt of Medical Mmjuana on the Premises/Consumption
Pursuant to state law, "a qualified patient or caregiver may possess no more than eight ounces of
dried marijuana per qualified patient. In addition, a qualified patient or primary caregiver may also
maintain no more than six mature or 12 immature marijuana plants per qualified patient."s
However, if" the doctor of a qualified patient or person with an identification card has determined
that the statutory quantity of medical marijuana does not meet the patient's needs, the medical
marijuana collective may possess an amount of cannabis consistent with the patient's needs and
applicable state law:
As such, the ordinance requires that all Persons with Identification Cards obtain those
identification cards pursuant to a written recommendation, after an actual examination, from their
licensed, attending physician, which is defmed as the doctor or clinic who would be in possession
of the individual's medical records pursuant to 1 1 362.7(a) of the Health & Safety Code.
CONCLUSION:
The South San Francisco Police Department has documented a three-year history of public health
5 Section 1l362.77.
6 Section 11362.77.
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Staff Report
To: Planning Commission
Medical Marijuana
March 2, 2006
Page 7
and safety problems from adjacent jurisdictions, which are associated with the cultivation and
distribution of medical marijuana in residential neighborhoods.
Based on said documentation and reports compiled by the South San Francisco Police
Department, the cultivation and distr:tbution of marijuana in residential neighborhoods promotes
excessive traffic and noise, attracts criminal elements and creates a substantial risk of criminal
conduct, including burglary, assault, theft, and results in firearms and other deadly weapons being
displayed, all in family neighborhood settings. Numerous collateral impacts on public health and
safety from adjacent jurisdictions have been reported.
The cultivation and distribution of marijuana in residential districts tends to promote juvenile
delinquency by introducing a controHed substance into neighborhood settings where minors are
frequently unsupervised.
The health, welfare and safety of the citizens of South San Francisco will be well served by
prohibiting collective marijuana cultivation in residential districts.
Restricting medical marijuana collectives to areas other than Residential Districts within the City
does not prevent persons who rnay legitimately use marijuana for medical purposes from obtaining
it nor does it unreasonably interfere with the ability to obtain it legally.
Additionally, assuring that individual household marijuana cultivation in residential areas is not
visible to the public domain and reasonably secured so as to preclude an attractive nuisance to
juveniles for theft or other illicit use, does not prevent persons who may legitimately use marijuana
for medical purposes from obtaining it nor does it unreasonably interfere with the ability to obtain
it legally.
RECOMMENDATION:
It is recommended that the Planning Commission adopt the attached resolution recommending
that the City Council adopt the attached ordinance regulating the locations and conditions for the
individual and collective cultivation of medical marijuana. The proposed ordinance further clarifies
the relationship of a Primary Caregiver to his or her patient
E: V} ~~
E. Alan Normandy, Sergeant
Planning liaison & Crime P evention, SSFPD
Attachments:
Proposed Ordinance
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A PROPOSED ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO
AMENDING THE SOUTH SAN FRANCISCO MUNCIPAL CODE
TO ADD CHAPTER 20.65 RESTRICTING
THE LOCATIONS AND REQUIRING SECURITY FOR
THE CULTIVATION OF MEDICAL MARIJUANA
"CHAPTER 20.65"
MEDICAL MARIJUANA 'REGULATIONS
20.65.010
Purpose and Intent
It is the purpose and intent of this chapter to regulate the collective cultivation of
medical marijuana within the city limits, and to require that marijuana cultivated in
individual households be appropriately secured so as not to be visible to the public
domain, to provide for the health, safety and welfare of the public.
Medical Marijuana Collectives may not be operated or located in any residential
district, as defined in 20.65.020(f). Medical Marijuana Collectives may not be operated
or located within 500 feet of any such district.
The ordinance, in compliance with California Health & Safety Code Section
11362, does not interfere with a patient's right to medical marijuana, nor does it
criminalize the possession or cultivation of medical marijuana by specifically defined
classifications of persons, pursuant to state law.
20.65.020
Definitions
The following words and phrases, when used in this chapter, shall be constmed as
defined in this section, unless it is apparent from the context that they have a different
meanmg:
A. "Qualified patient" means a person who is entitled to the protections of
California Health & Safety Code. g 11362.7, but who does not have an identification card
issued pursuant to California Health & Safety Code g 11362.
A Qualified Patient is someone who could possess a valid identification card
pursuant to California Health & Safety Code g 11362.7, but has either failed to apply for
such a card, or not yet received such a card. The patient is deemed as qualified, if a
licensed physician would have recommended the patient use marijuana for medical relief.
-10-
B. "Person with an Identification Card" means an individual who is a qualified
patient who has applied for and received a valid identification card pursuant to California
Health & Safety Code 9 11362.7.
The Identification Card must be obtained via written recommendation from the
individual's attending licensed physician, after an examination.
An "attending physician" is defmed as a duly licensed medical doctor, who has
the patient's medical records. Those patients, who seek medical services from clinics, are
required to obtain identification cards from said clinics.
C. "Primary Caregiver" means a primary caregiver as that term is defined in
Health & Safety Code 911362.7, designated by a qualified patient or by a person with an
identification card, who has consistently assumed responsibility for the housing, health,
or safety of that patient.
For the purposes of this Chapter, "Primary Caregiver" is defined as:
1. An individual who has been designated as a Primary Caregiver by one
or more Qualified Patients or Persons with Identification Card, if every
Qualified Patient or Person with Identification Card who has designated
that individual as a primary caregiver, resides in the same city or county as
the primary caregiver.
2. An individual who has been designated as a primary caregiver by a
qualified patient or person with an identification card, who resides in a
city or county other than that of the primary caregiver, if the individual has
not been designated as a primary caregiver by any other qualified patient
or person with an identification card.
If the Primary Caregiver and Qualified Patient or Person with
Identification Card do not live in the same city or county, only one
Qualified Patient or Person with Identification Card may designate this
individual as his or her Primary Caregiver. This Primary Caregiver will
have no other Qualified Patients or Persons with Identification Card
designated to him or her from outside the county.
3. A Primary Caregiver shall be at least 18 years of age, unless the
Primary Caregiver is the parent of a minor child who is a Qualified
Patient, and the parent of such minor child is also a minor.
4. As it is reasonable that Primary Caregivers are unable to consistently
assume responsibility for the housing, health or safety of an unlimited
number of persons, the number of Qualified Patients or Persons with
Identification Cards to Primary Caregiver is limited to no more than ten
(10) Qualified Patients or Persons with an Identification Card.
- 11-
The Primary Caregiver must keep a list of his or her assigned ten (10)
Qualified Patients or Persons with an Identification Card; such a list must
minimally contain those persons' contact information, such that it may be
immediately provided to the Chief of Police upon request, for the purposes
of determining the proper legal amounts of cultivated and/or dried
marijuana that may be possessed at the collective.
Only these three classifications of person may possess or cultivate medical
marijuana individually or collectively, in accordance with California Health & Safety
Code 9 11362.7.
D. "Medical Marijuana Collective" or "Collective" means a location where
marijuana is cultivated collectively by more than one Qualified Patient, Person with
Identification Card or Primary Caregiver.
Medical marijuana cultivated collectively may be distributed by a Primary
Caregiver to a Qualified Patient or patients, or to a Person or Persons with Identification
Card(s) for medical purposes, in accordance with Health & Safety Code 911362.7, et seq.
E. "Police Chief' means the City's Chief of Police or the Chiefs designee.
F. "Residential District" means any area within the city limits that is designated
in the City's zoning ordinance as one of the following districts: R-E, R-l, R-2, R-3, TV-
RM, TV-RH, any residential P.D.D, the Westborough Townhomes Overlay District, and
the Downtown Residential Overlay District where the underlying zone is R-2 or R-3, or
any subsequently created zoning district whose primary use is residential in character.
20.65.030
Enforcement of Chapter
The Police Chief shall have the duty and responsibility to enforce any violations
of Sections 20.65.040 and 20.65.060(b-c) of this Chapter, and to report and enforce
against any violations of the Conditions of Approval attached to Use Permits obtained
under the authority of the Section 20.65.050. The Police Chief shall provide a report of
all violations of these provisions to the Chief Planner for possible revocation of Use
Permits obtained under the authority of Section 20.65.050 of the Chapter, pursuant to the
Use Revocation procedures contained in Chapter 20.91 of this Code.
The Chief Planner shall have the duty and responsibility of processing and
referring to the Planning Commission all Use Permit applications using the minimum
guidelines established by Section 20.65.050 consistent with the Use Permit procedure
established by Chapter 20.81 of this Code. The Chief Planner shall also have the duty
and responsibility to consider the initiation of modification or revocation proceedings in
accordance with the procedures outlined in Chapter 20.91 of this Code.
-12-
20.65.040
Registration
Primary Caregivers, Qualified Patients and Persons with Identifications Cards
cultivating medical marijuana at such Collectives shall register the collective with the
Police Chief, providing the name of a responsible party, a telephone number, the place of
operation of the Medical Marijuana Collective, and such other information as may be
reasonably required by the Police Chief.
20.65.050
Operating Restric~tions
A. Only Qualified Patients, Persons with Identification Cards and Primary
Caregivers may cultivate Medical Marijuana collectively. Medical Marijuana Collectives
may not operate in a Residential District. Collectives shall otherwise comply with all
provisions of the South San Francisco Municipal Code, including the Zoning Ordinance,
and the California Health & Safety Code.
B. Medical Marijuana Collectives are required to obtain a Use Permit to operate
within the city limits. This Use Permit may be immediately revoked pending a hearing at
the Planning Commission for any violation oflaw, or failure to comply with the
conditions listed on said Use Permit.
C. The Use Permit Conditions will be the following, at minimum:
1. The applicant shaH comply with the provisions of Chapter 15.48 of the
Municipal Code; "Minimum Building Security Standards" Ordinance
revised May 1995
2. Absolutely no advertising of marijuana is allowed at any time.
3. Exterior signage is limited to site addressing only.
4. The collective site will be monitored at all times, by web-based closed
circuit television :fi)r security purposes. The camera and recording system
must be of adequate quality, color rendition and resolution, as to allow the
ready identification of any individual committing a crime anywhere on the
site.
5. A centrally monitored alarm system is required.
6. Interior building lighting, exterior building lighting and parking area
lighting will be of sufficient foot-candles and color rendition, so as to
allow the ready identification of any individual committing a crime on site
at a distance of no less than 40 feet. 40 feet allows a person reasonable
reaction time upon recognition of a viable threat.
7. Windows and roof hatches will be secured with bars on the windows so as
to prevent unauthorized entry, and be equipped with latches that may be
released quickly from the inside to allow exit in the event of emergency.
8. Absolutely no cultivated marijuana or dried marijuana product may be
visible from the building exterior.
-13-
9. Only cultivation will be allowed. No further refinement of marijuana, or
the preparation of marijuana products, such as but not limited to hashish,
"hash oil" or marijuana butter is allowed.
10. No cooking, sale, preparation or manufacturing of marijuana enhanced or
edible products is allowed.
11. No sales of cultivated marijuana are allowed on site.
12. No persons under 1he age of18 are allowed on site, unless such individual
is a qualified patient and accompanied by their licensed attending
physician, parent or documented legal guardian.
13. The amount of medical marijuana allowed must conform to the California
Health & Safety Code S 11362.77, divided by the number of participants
in the collective.
14. The Police Chief may inspect the collective at any reasonable time to
ensure that the amounts of medical marijuana on site conform to
California Health & Safety Code S 11362.77.
The Police Department reserves the right to make additional security and safety
conditions, if necessary, upon receipt of detailed/revised building plans.
20.65.060
Marijuana Produced for On-Site Consumption
A. Nothing in this Chapter shall be deemed to make it unlawful for an individual
to grow marijuana at his or her residence for his or her own consumption at such
residence, or for consumption by another person regularly residing at such residence, if
such consumption is pennitted under Health and Safety Code S 11362.5 through
11362.77.
B. Marijuana cultivated pursuant to these sections must be secured from public
access, and not be visible to the public domain. All cultivated marijuana must be secured
in structures consisting of at least four walls and a roof, and conform to Chapter 15.48 of
the South San Francisco Municipal Code, Minimum Security Standards, as to locks,
deadbolts and additional security measures.
C. Medical Marijuana cultivated at registered Collectives may not be consumed
on-site, in the parking areas, inside vehicles, or in those areas already restricted by the
California Health & Safety Code S 11362.79.
20.65.070
Violation and Penalties
Any violation of this chapter shall be deemed a misdemeanor, unless the
circumstances that create the violation are subject to prosecution as a felony under state
or federal law. Any violation of this chapter shall also be deemed a public nuisance and
may be enforced by any remedy available to the City for abatement of public nuisances.
-14-
Planning Commission Meeting of March 2{ 2006
SSFMC Chapters 20.81 & 20.86
Motion Sim I Second Giusti to approve the Consent Calendar. Approved by voice vote. Absent-
Commissioner Teglia
PUBLIC HEARING
9. The City of South San Francisco/Owne~r
The City of South San Francisco/Applicant
Citywide
P06-0017 & PCA06-0001
Moved before # 8
An ordinance regulating the locations and conditions for the individual and collective cultivation of medical
marijuana.
Public Hearing opened.
Sergeant Normandy presented the staff report and gave a PowerPoint presentation.
Assistant City Attorney Spoerl addressed the Planning Commission on procedural issues regarding the proposed
ordinance.
Those speaking in opposition were:
Mr. Rick Gomez noted that South San Francisco has been a pioneer on many social issues that benefit the
community but felt this was not one of those. He was concerned with dispensaries becoming a problem in the
neighborhood{ and how the distribution would be regulated. He noted that people may forge the identification
cards.
Brent Saupe spoke in support of the ordinance. He felt that the Medical Marijuana ordinance does not allow him
to grow marijuana for more than one person. He added that the ordinance does not specify the fees for the
Conditional Use Permit. He noted that many individuals chose cannabis because it is less expensive than
pharmaceuticals.
Tom Gregor felt that the ordinance is not conducive to South San Francisco and the City does not need it at the
time.
Tate Crisp opposed the ordinance and pointed out that this will cause problems in South San Francisco because it
is difficult to keep people from oversteppinQl the regulations. He was concerned with not having enough law
enforcement in the City to regulate the flow of medical marijuana in the City.
Sonia Miles spoke support of the ordinance and felt that there was discrimination and hypocrisy in the room from
those that were not in favor of the zoning code amendment. She is allergic to pain killers and is using marijuana
as a medicinal alternative to keep her from being incapacitated in bed. She felt that everyone needed to be
educated on bio mass and encouraged those present to visit www.chrisconrad.com. She added that users of
marijuana as a medicinal alternative are not: criminals and are productive responsible users.
Mathew Steven Pruitt{ in support of the medical marijuana ordinance{ asked the Commission to approve the
ordinance{ as it will provide flexibility to those that need. He stated that he is a medical marijuana user because
of the many accidents he has endured in his work history.
Bill Dake{ resident{ felt that individuals need to be treated in a medical way especially when they suffer from a lot
of pain. He noted that as a former police officer he recognizes that if things are not spelled out and controlled{
everything goes and this ordinance allows some flexibility for those that use marijuana for medicinal purposes.
Public Hearing closed.
s:\Mivcc<tes\D3-0:2-0b RPC Mivcc<tes.!loc
- 15-
page 3 of 5
Planning Commission Meeting of March 2, 2006
Commissioner Giusti asked how people would advertise the sale of marijuana. Sergeant Normandy noted that the
present ordinance does not allow any more advertising because they will already have a relationship with the
primary caregiver or other members of the collective.
Commissioner Prouty questioned where the collectives would be located. Chief Planner Sparks and Sergeant
Normandy replied that the ordinance prevents collectives in any residential zones. Sergeant Normandy added
that a collective is allowed in the industrial zones and is specifically for the caretaker to support their patients.
Commissioner Giusti questioned if individuals can grow their own plants. Assistant City Attorney Spoerl noted
that state law allows for a commercial transaction as long as the patient has a relationship with the caregiver and
pays for the cost of the cultivation.
Commissioner Sim questioned if these could be located next to schools daycare and youth centers. Sergeant
Normandy noted that the health and safety code limits the locations and the distance a collective has to be from
those locations, but it is legal to ingest it in a home near a school.
Commissioner Prouty questioned how the local and state laws would be in conflict with the federal law that
prohibits use of marijuana in any realm. Assistant City Attorney Spoerl noted that the supreme court decided that
Federal Law Enforcement can prosecute under the Controlled Substance Act. He pointed out that the decision
upheld California Law and recognized the authority and validity of California's initiative as well as the health and
safety code enactments that were put in place. Commissioner Prouty was concerned that the Federal
Government would come into the City and raid the establishments.
Chief of Police Raffaelli clarified that the dispensaries are not allowed by the Federal Government and by the
District Attorney, but that a caretaker with 10 patients is allowed. He pointed out that there would not be any
signs identifying the use of the property other than the address. Chief Raffaelli noted that the District Attorney
has deemed that the ordinance is in compliance with the County's regulations. He pointed out that the ordinance
calls for the plants to be cultivated away from the public eye. Chief Raffaelli noted that they want to regulate it
for those individuals that need it for medicinal purposes.
Assistant City Attorney Spoerl pointed out that dispensaries are not defined under state law and a collective is
defined by the state.
Commissioner Giusti asked where the cards are issued for identification purposes. Chief Raffaelli noted that the
County is the agency that provides the identification cards. Commissioner Giusti questioned how much a person
can grow. Assistant City Attorney Spoerl and Chief Raffaelli pointed out that in a residential zone a patient can
have only one plant but a caretaker can have one per patient for a total of 10 patients. They mentioned that the
definition of the term caregiver is any individual that runs errands, takes care of the home and is consistently
taking care of the patient or patients. They also noted that a collective is a group of 5 caretakers with a
maximum of 10 patients each.
Commissioner Prouty questioned how the ordinance would be enforced. Chief Raffaelli stated that the ordinance
requires that the collective be located in an industrial zone but that they apply for a use permit with the Planning
Division.
Motion Romero / Second Honan to approve Resolution 2651-2006 recommending that the City Council approve
P06-0017 & PCA06-0001. Approved by majority voice vote. No - Commissioner Prouty. Absent-
Commissioner Teglia.
8. Levitz SL San Francisco/Owner
Home Depot/Applicant
900 Dubuque Avenue
P05-0035, EIR05-0003 (SCH# 2005-08-2:032)
Conduct a public hearing and take public testimony on the Home Depot Draft Environmental Impact Report.
s:\MlVl.c<teS\o3-02-0G RPC. MlVl.c<tes.c1oc
-16-
p~ge -+ of 5
AGENDA ITEM #6
Staff Report
DATE:
March 22, 2006
TO:
Honorable Mayor and City Council
FROM:
Marty Van Duyn, Assistant City Manager
SUBJECT:
FAIRWAY PLAZA - 925-955 EL CAMINO REAL
1. MODIFICATION TO THE CALIFORNIA GOLF COURSE DEVELOPMENT
STUDY - SPECIFIC PLAN NO.2 - FAIRWAY PLAZA IN ACCORDANCE
WITH STATE PLANNING LAW SECTION 65453.
2. USE PERMIT MODIFICATION AND DESIGN REVIEW ALLOWING FOR
THE CONSTRUCTION OF A 2,000 SQUARE FOOT ADDITION TO
EXISTING "BUILDING B" WITHIN THE SPECIFIC PLAN AREA IN
ACCORDANCE WITH SSFMC CHAPTERS 20.81, 20.85, & 20.91.
Case Nos.: Project P05-0160: PUDM05-0002, UPM06-0001, DR06-0016
Owner: Dick Lee Corporation
Applicant: Dick Lee Corporation & Bank of America
RECOMMENDA TION
It is recommended that the City Counciil conduct a public hearing and take the following action:
1) Waive reading and introduce an ordinance to amend Specific Plan No.2 - Fairway Plaza
(pUDM05-0002); and
2) Adopt a resolution approving the UPM06-0001 & DR06-0016.
BACKGROUNDIDISCUSSION
(A complete discussion of the proposed project is contained in the attached Planning Commission staff
report dated February 16, 2006.)
Project Description
Fairway Plaza is located at 925-955 EI Camino Real. The Plaza was developed as part of the California
Golf Course Development Study - Specific Plan No.2 (Specific Plan No.2), which was approved by City
Council in 1978. The Specific Plan prosclibes maximum building sizes for each of the three structures in
the Plaza. The applicants are seeking a permit to allow a minor expansion of one of the buildings. Per
State Planning Law and the South San Francisco Municipal Code, all changes to Specific Plans require
approval from City Council.
Staff Report
To: City Council
Subject: Modification of Specific Plan No.2 - Fairway Plaza
Date: March 22, 2006
Page 2 of3
The commercial component of Fairway Plaza consists of three buildings: Building A, Building B and the
Bank of America Building. The applicants are proposing changes to Building B only. The current square
footage of Building B is 7,650 square feet. The applicants are requesting an addition with a maximum size
of2,000 square feet. The result would be a final maximum floor area of9,650 square feet for Building B.
DISCUSSION:
The General Plan designates the subject area as Business Commercial. Areas designated as Business
Commercial are intended for business and professional offices, visitor service establishments, and retail.
The proposed Plaza expansion, which inc:1udes 1-2 new tenant spaces with uses limited to offices, banks,
service retail/and similar low intensity commercial uses, is consistent with the intent of the General Plan.
The stated goal of the California Golf Course Development Plan - Specific Plan No.2 is: the
establishment, maintenance and practical utilization of 6.7 acres of property located at the southwesterly
comer of EI Camino Real and Westborough Boulevard. The proposed project is consistent with the
overall goal of the plan, but is not consistent with the "Land Use and Development Patterns" section of the
Specific Plan. The maximum allowable floor area numbers of the "Commercial/Office Land Use Area"
section of the Specific Plan would have to be modified to accommodate the proposal. Aside from the
maximum floor area numbers, the proposed development meets or exceeds all of the other applicable
development standards outlined in the plan.
The 2,000 square foot addition is proposed for the south end of Building B. The addition is designed to
match the architectural style of the existing building. Specifically, the roofing, fascias, and storefront
windows would match the materials and shapes found on the existing building.
Planning Commission Hearing
At the Febmary 16, 2006 Planning Commission meeting the Commissioners reviewed the proposed
addition to existing Building B and were satisfied with the design proposed. The Planning Commission
was concerned about the impact that this development might have on the overall adequacy of parking stalls
for the site. The proposed addition results in the loss of one parking space - 109 spaces are currently
available on the property and 108 are proposed when the addition is complete. By providing 108 spaces,
the development meets the parking requirements for the Specific Plan as well as current Municipal Code
requirements.
A small group of citizens from the Westborough Royale/Club View residential complexes that are adjacent
to the Plaza, were in attendance at the Planning Commission meeting, but did not speak. Informally, their
concern was constmction noise and dust, and the extent of the addition. The constmction noise and dust is
regulated by the City of South San Francisco Municipal Code (Sections 8.32 and 15.08), as well as by the
Engineering Division conditions of approval related to dust control. The attendees appeared satisfied that
their concerns were adequately addressed.
Staff Report
To: City Council
Subject: Modification of Specific Plan No" 2 - Fairway Plaza
Date: March 22,2006
Page 3 of3
ENVIRONMENTAL DOCUMENT:
The proposed project has been determined to be categorically exempt under the provisions of CEQA.
(Class 1, Section 15301(e): Minor alteration and additions to existing facilities.)
CONCLUSION:
The proposed Specific Plan and Use Permit modifications are consistent with the City's General Plan.
The modifications proposed for the Califomia Golf Course Development Study - Specific Plan No.2 are
minor and maintain the intent of the original plan. Additionally, the proposed use complies with the
standards and requirements of the City's Zoning Ordinance. Consequently, staff recommends that the City
Council: 1) waive reading and introduce an ordinance to modify Specific Plan No.2 - Fairway Plaza, and
2) adopt a resolution, including conditions to approve the design and use permit modification.
BY:~k---~ By:
Assistant City Manager
Attachments:
Draft Ordinance
Draft Resolution with attached conditions
Planning Commission
Staff Report - Febmary 16,2006
Minutes - Febmary 16,2006
Design Review Board
Minutes - December 20, 2005
Specific Plan No.2
Plans
ORDINANCE NO.
AN ORDINANCE APPROVING A MODIFICATION OF
FAlRWAY PLAZA SPECIFIC PLAN #2 TO ALLOW FOR A
GREATER ALLOW ABLE BUILDING SIZES
WHEREAS, Fairway Plaza, a 6.7-acre site located at 925-955 EI Camino Real that
features a fully-developed mixture of commercial/office and residential land uses, is governed
by Specific Plan Number 2, adopted by the City Council in 1978; and
WHEREAS, owners of Fairway Plaza's "Building B" have submitted an application to
expand the floor size of the building by a maximum of2000 square feet; and
WHEREAS, staff has reviewed the application, and concluded that the proposed
addition is minor and comports with the original intent of the Specific Plan Number 2; and
WHEREAS, under both Califbrnia Government Code section 65453 and Chapter 20.91
of the South San Francisco Municipal Code, all changes to Specific Plans require final
approval from the City Council; and
WHEREAS, the proposed project complies with applicable parking and design
requirements; and
WHEREAS, the project is consistent with the stated goals of the Specific Plan Number
2, but is not consistent with the "Land Use and Development Patterns" section of the Specific
Plan Number 2, as maximum allowable floor areas of the "Commercial Landi Office Land Use
Area" are not large enough to accommodate the proposed expansion; and
WHEREAS, the proposed prcdect has been determined to be categorically exempt as a
minor alteration to existing facilities under Section 15301(e) of the guidelines to the California
Environmental Quality Act; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN
FRANCISCO HEREBY ORDAINS AS FOLLOWS:
SECTION 1: The California Golf Course Development Study - Specific Plan No.2 is hereby
amended to read as follows:
IV. Land Use Development Patterns:
A. Commercial/Office Land Use Area
The Commercial/Office area shall incorporate that portion of the total site
fronting on EI Camino Real exclusively and having a street frontage of
approximately 435.99 feet, a depth off290.29 feet along the southerly property
line and 216.02 along the northerly property line. The rear lot line shall run
812056-1
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parallel to El Camino Real; a total distance of 453 feet with a 65 foot offset at
the approximate middle of the site. Said area is designated and set forth in
Exhibit "B" attached hereto.
Development of this area shall be limited to three independent stmctures. These
stmctures shall contain the following maximum square footage floor area:
A.
12,734 sq. feet
B. 9,650 sq. feet
C. 6,500 sq. feet
SECTION 2. SEVERABILITY
If any provision of this ordinance or the application thereof to any person or circumstance is
held invalid, the remainder of this ordinance, including the application of such part or
provision to other persons or circumstances shall not be affected thereby and shall continue in
full force and effect. To this end, provisions of this ordinance are severable. The City Council
of the City of South San Francisco hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact
that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or
phrases be held unconstitutional, invalid, or unenforceable.
SECTION 3. PUBLICA TION A.l~]) EFFECTIVE DATE
This Ordinance shall be published once, with the names of those City Councilmembers voting
for or against it, in the San Mateo Tll:l1es, 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.
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Introduced and adopted at a re:gular meeting of the City Council of the City of South
San Francisco, held the day of , 2006.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the
City Council held the . day of, 2006 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this _ day of , 2006.
Mayor
812056-1
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RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING USE PERMIT
MODIFICATON UPM06-0001 AND DESIGN REVIEW
APPLICATION DR06-0016 IN ASSOCIATION WITH A
PROPOSED 2000 SQUARE FOOT ADDITION TO
BUJLDING "B" OF THE FAIRWAY PLAZA SHOPPING
CENTER LOCATED IN THE P-C-L PLANNED
COMMERCIAL ZONE DISTRICT IN ACCORDANCE
WITH STATE PLANNING LAW AND SOUTH SAN
FRANCISO MUNICIPPlL CODE 20.81,20.85 AND 20.91
WHEREAS, Fairway Plaza, a 6. '7 -acre site located at 925-955 El Camino Real that features a
fully-developed mixture of commercial/office and residential land uses, is governed by Specific Plan
Number 2, adopted by the City Council in 1978; and
WHEREAS, owners of Fairway Plaza's "Building B" have submitted an application to
expand the floor size of the building by a maximum of2000 square feet; and
WHEREAS, staffhas reviewed tne application, and concluded that the proposed addition is
minor and comports with the original intent of the Specific Plan Number 2; and
WHEREAS, staffhas reviewed the proposed modifications, and have insured that comments
on the proposal offered by the Design Review Board at during its consideration of the proposal on
December 20th, 2006, have been incorporated into the revised Conditions of Approval for the project;
and
WHEREAS, Chapter 20.91 of the South San Francisco Municipal Code requires that
all modifications to approved Use Permits and Design Review Applications be submitted to
the City Council for approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South
San Francisco that the City Council hereby approves Use Permit Modification lJPMOD06-
0001 and Design Review Application DR06-0016, subject to the proposed Conditions of
Approval, attached hereto as Exhibit A.
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812087-1
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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 , 2006 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
812087-1
ATTEST:
City Clerk
-2-
Planning Commission
Staff Report
DATE: February 16,2006
TO: Planning Commission
SUBJECT: Modification of Specific Plan No.2 - Fairway Plaza to allow a minor variation in
allowable building sizes, a Use Permit Modification, and Design Review of a proposed
2,000 square foot addition to Building "B" in the Fairway Plaza Shopping Center (925-
955 EI Camino Real) located in the P-C-L Planned Commercial Zone District, in
accordance with State Planning Law (Section 65453) and SSFMC Chapters 20.81,
20.85, & 20.91.
Owner:
Applicant:
Case No.
Dick Lee Corporation
Bank of America
P05-0160: PUDM05-0002. UPM06-0001. DR06-0016
RECOMMENDATION
That the Planning Commission adopt a resolution recommending that the City Council: 1)
approve a modification to Specific Plan No.2 - Fairway Plaza (PUDM05-0002), and 2) approve
a Use Permit modification (upM06-000l), and Design Review application (DR06-0016) subject
to the proposed Conditions of Approval.
BACKGROUND / DISCUSSION
Fairway Plaza is located at 925-955 EI Camino Real. The Plaza was developed as part of the
California Golf Course Development Study - Specific Plan No.2 (Specific Plan No.2), which was
approved by the City Council in 1978. Per State Planning Law (Section 65453) and South San
Francisco Municipal Code, chapter 20.91, all changes to Specific Plans require final approval from
City Council.
Specific Plan No.2 encompasses approximately 6.7 acres near the intersection of West borough Blvd.,
El Camino Real and W. Orange Ave. (please see attached aerial photo) and is fully developed with a
mixture of commercial/office and residential land uses. This application does not include any
modifications to the residential portion of the Specific Plan; only Fairway Plaza is affected.
Fairway Plaza is composed of three parcels occupied by three separate buildings, designated as
Building "A", Building "B", and the Bank of America Building. (Please see Diagram A - Site
Layout)
In relation to the commercial/office land uses, Specifc Plan No.2 specifies the maximum square
footage of floor area for the three buildings on the site:
· Building "A" - 6,500 square feet;
- 1-
Staff Report
To: Planning Commission
Subject: Modification of Specific Plan No.2 - Fairway Plaza
Date: February 16,2006
Page 2
· Building "B" - 7,400 square feet; and
· Bank of America Building - 12,734 square feet.
The 1978 staff report notes that there are slight differences in the allowable and proposed floor areas,
due to a requirement that the Specific Plan boundary be setback a minimum of 10 feet from the
property line. The result is that Building "B" has an existing gross floor area of 7,650 square feet.
Diagram A - Site Layout
Proposed
Addition
Building "B"
-,---'-
..__.LJ~'.!'J'!:fl'~_ _
. .._~_~,,~:.r ..
~~~
=..:::::,
c~-~:)
~i f
g; i
j
i I
i !
;, !
i_
y)
.-' .. - "\ /
/I/l-:::
/ / let t.~f Bank of
America '
\. \ \. \ \ (\ Ai \, \. ,l
! , \ ' \\'" \. '. iT, ~
\ \ ! \ \<::=-.-:-:/ ;' .
-- ~~-:::,...::;-..:::=;::::._..::-..::_'--===:;:::'
;.t
/
./
i
~~:
.~.~;~-~.
""<.."=- EL CAM I NO REAL
Source of original plan: John Matthews Architects; dated October 19, 2005
On October 17, 2005 the applicants submitted an application to expand Building B by a maximum of
2,000 square feet. To permit the expansion, the City must approve the requested changes by
modifying the allowable building sizes outlined in Specific Plan No.2., by modifying the Use Permit
for the Plaza, and approving the proposed design.
The maximum size of Building "B" would be 9,650 square feet. Relative to the overall development,
the proposed addition is minor and maintains the intent of the original plan.
- 2-
Staff Report
To: Planning Commission
Subject: Modification of Specific Plan No.2 - Fairway Plaza
Date: February 16,2006
Page 3
The overall design of the addition is consistent with the existing buildings. Specifically, the roofing,
fascias, and storefront windows would match the materials and shapes found on the existing building.
Finally, all exterior colors and finishes will match the existing building.
The overall parking provided for the Plaza would still meet the parking requirements established in the
1978 approval. (please see Development Standards table below)
The project would involve some landscape changes. In fact, the applicant obtained approval in May of
2005 for the removal of two cypress trees that are located within the proposed project area. These two
trees will be replaced by seven (7) 36-inch box size trees, which will be planted elsewhere on the
subject site. In addition to the two Cypress trees that have already been approve, both Staff and the
Design Review Board have requested additional information about the health of a third tree in the
vicinity of the proposed addition. This third Cypress tree appears to be diseased and staff would like
the applicant to consider replacing it as well.
General Plan/Specific Plan Consistency
The General Plan designates the subject area as Business Commercial. Areas designated as Business
Commercial are intended for business and professional offices, and visitor service establishments, and
retail. The proposed Plaza expansion, wi1h a resultant FAR of 0.235, is consistent with the intent of
the General Plan.
The stated goal of the California Golf Course Development Plan - Specific Plan No.2 is: the
establishment, maintenance and practical utilization of 6.7 acres of property located at the
southwesterly comer ofEl Camino Real and Westborough Boulevard. The proposed project is
consistent with the overall goal of the plan, but is not consistent with the "Land Use and Development
Patterns" section of the Specific Plan. The maximum allowable floor area numbers of the
"CommerciaVOffice Land Use Area" section of the Specific Plan have to be modified. Aside from the
maximum floor area numbers, the proposl;:d development meets or exceeds all of the other applicable
development standards outlined in the plan. The text of the amended section is attached to this report
with all changes marked.
Zoning
The property is located in the P-C-L (Planned Commercial Zone District). The zoning code has
changed since Specific Plan No.2 was originally approved. However, the development complies with
the current Municipal Code requirements for Planned Commercial Zones, and meets or exceeds all
development standards outlined in Specific Plan No.2 as outlined below:
-3-
Staff Report
To: Planning Commission
Subject: Modification of Specific Plan No.2 - Fairway Plaza
Date: February 16, 2006
Page 4
D l
S d tis
eve opment tan ar
Total Site Area = 111,123 (2.55 acres)
MinimumlMaximum Existing ProDosed
Coverage 50% (max.) 23.5% 25.3%
Landscaping 10% (min.) 24.7% 22.7%
Parking 108 (min.) 109 108
Front Setback 20 ft. (min.) 216 ft. 216 ft.
Right Side Setback o ft. (min.) 10 ft. 10 ft.
Left Side Setback lOft. (min.) 96 ft. 61 ft.
Rear Setback o ft. (min.) 9 ft, 9 ft.
Design Review Board
On December 20th, 2006, the Design Review Board (DRB) reviewed the plans and was generally
supportive of the proposed project. The DRB determined that the application complies with the City's
Design Guidelines, but did make the following comments:
1. ADA ramps between the handicap parking stalls need to be brought into compliance with
current Code requirements.
2. A landscape plan should be included which indicates which tree species will replace the
diseased Cypress trees when the die.
3. Consider removing the third tree that is currently located next to the building.
Staff agrees with the comments put forward by the DRB and has added conditions of approval to
ensure that they are addressed by the applicant.
CEQA
The proposed project has been determined to be categorically exempt under the provisions of CEQA.
(Class 1, Section 1530l(e): Minor alteration and additions to existing facilities.)
CONCLUSION:
The proposed Specific Plan and Use Permit modifications are consistent with the City's General Plan.
The modifications proposed for the California Golf Course Development Study - Specific Plan No. 2
are minor and maintain the intent of the original plan. Additionally, the proposed use complies with
the standards and requirements of the City's Zoning Ordinance; all development standards will be met
or exceeded. Consequently, staffrecomm.ends that the Planning Commission adopt the attached
resolution recommending that the City Council: 1) approve a modification to Specific Plan No.2-
Fairway Plaza, and 2) approve a Use Pemut modification UPMOD06-0001, and Design Review
application DR06-0016 subject to the proposed Conditions of Approval.
-4-
Staff Report
To: Planning Commission
Subject: Modification of Specific Plan No.2 - Fairway Plaza
Date: February 16,2006
Page 5
~1.u~IP' AlCP
Associate Planner
A TT ACHMENTS: Draft Planning Commission Resolution with Attachments
December 20, 2005 DRB Minutes
Aerial Photo - Spedfic Plan No.2
Site Photos
California Golf Course Development Study - Specific Plan No.2
Plans
- 5-
RESOLUTION NO. 2650-2006
PLANNING COM:MISSION, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
A RESOLUTION OF THE PLANNING COM:MISSION OF THE CITY OF
SOUTH SAN FRANCISCO RECOMMENDING THAT THE CITY COUNCIL
AMEND THE CALIFORNIA GOLF COURSE DEVELOPMENT STUDY _
SPECIFIC PLAN NO. 2 TO REDEFINE THE MAXIMUM GROSS FLOOR
AREA FOR COMMERCIAL RETAIL BUILDING "B" TO ALLOW A 2,000
SQUARE FOOT ADDITION
\VHEREAS, the South San Francisco Planning Commission held a duly noticed public hearing on
February 16,2006;
WHEREAS, in 1978 the City Council adopted the California Golf Course Development Study-
Specific Plan No.2 (Specific Plan No.2), which outlined development standards for the Fairway Plaza
Shopping Center, including maximum allowable building floor areas;
WHEREAS, the applicant has proposed a maximum addition of2,000 square feet to Building "B",
which maintains the intent of Specific Plan No.2; and
WHEREAS, the Planning Commission finds that the maximum addition of 2,000 square feet to
Building "B" is consistent with the General Plan, maintains the intent of Specific Pan No.2, and the
proposed development meets or exceeds all of the other applicable development standards outlined in the
Specific Plan.
NOW THEREFORE BE IT RESOLVED, the following findings are made in approval of the
proposed amendments to the California Golf Course Development Study - Specific Plan No.2, subject to
making the findings of approval and, based on public testimony and the materials submitted to the City of
South San Francisco Planning Commission which include, but are not limited to: Planning Commission
staff report, dated February 16, 2006; and Planning Commission meeting of February 16, 2006; and:
1. The proposed Zoning Ordinance t(~xt amendments have been determined to be categorically
exempt under the "Existing Facilities" [Section 15301 (e)] that CEQA applies only to projects that involve
additions to existing structures provided that the addition will not result in an increase of more than 50
percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or
10,000 square feet if the project is in an areawhere all public services and facilities are available to allow
for maximum development permissible in the General.Plan and the area in which the project is located is
not environmentally sensitive. Because the amendments have been found to be categorically exempt, no
environmental review is necessary.
2. The proposed amendments are consistent with the 1999 General Plan, which designates the
Fairway Plaza area as Business Commercial and permits a floor area ratio of 0.5. The General Plan
designates the subject area as Business Commercial. Areas designated as Business Commercial are
intended for business and professional offices, and visitor service establishments, and retail. The proposed
Plaza expansion, with a resultant floor area ratio of 0.235, is consistent with the intent of the General Plan.
-6-
3. The proposed amendments to the Specific Plan are minor in nature. The proposed proj ect is
consistent with the overall goal of the Specific Plan, but is not consistent with one section of the Plan _
"Land Use and Development Patterns". '\Vithin the "Land Use and Development Patterns" section, the
maximum allowable floor area numbers of the Commercial/Office Land Use Area have to be modified to
allow the 2,000 square foot addition to Building "B". Aside from the maximum floor area numbers, the
proposed development meets or exceeds all of the other applicable development standards outlined in the
plan. The text of the amended section is attached to this report with all changes marked.
4. The proposed project will not be adverse to public health, safety or general welfare of the
community, nor detrimental to surrounding properties or improvements. The project is consistent with the
City's General Plan, it maintains the intent of Specific Plan No.2, and the design and building materials
match the existing built form.
5. The proposed design has been found to be consistent with the City's Design Review Guidelines.
The addition will result in a consistent level of building quality, which matches the existing building.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission hereby
recommends that the South San Francisco City Council adopt an ordinance, attached as Exhibit A,
amending the California Golf Course Development Study - Specific Plan No. 2 to increase the allowable
size of Building "B" and recommends that the City Council approve a modification to Specific Plan No.2
- Fairway Plaza (pUDM0500002), and 2) approve a Use Permit modification UPMOD06-000I, and
Design Review application DR06-0016 subject to the proposed Conditions of Approval (attached as
Exhibit B).
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I hereby certify that the foregoing resolution was adopted by the Planning Commission of the City of
South San Francisco at the regular meeting held on the 16th day of February. 2006, by the following vote:
AYES: Commissioner Giusti, Commissioner Teglia, Commissioner Prouty, Commissioner Romero,
Commissioner Sim, Vice Chairperson Honan and Chairperson Zemke
NOES: None
ABSTAIN: None
ABSENT: None
Arrns~~~
Thomas C. Sparks
-7-
EXIBIT A
Amendments - California Golf Course Development Study - Specific Plan No.2
Page 2
IV. Land Use Development Patterns:
A. CommerciaVOffice Land Use Area
The CommerciaVOffice area shall incorporate that portion of the total site fronting on EI
Camino Real exclusively and having a street frontage of approximately 435.99 feet, a depth
off 290.29 feet along the southerly property line and 216.02 along the northerly property
line. The rear lot line shall run parallel 0 El Camino Real; a total distance of 453 feet with a
65 foot offset at the approximate middle of the site. Said area is designated and setforth in
Exhibit "B" attached hereto.
Development of this area shall be limited to three independent structures. These structures
shall contain the following maximum square footage floor area:
A.
12,734 sq. feet
B. 7,400 sq. fect
B. 9,650 sq. feet
C. 6,500 sq. feet
Note: Strikeout indicates deleted text. Italics indicate inserted text.
- 8-
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-10-
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EXIBIT B
PROPOSED CONDITIONS OF APPROVAL
P05-0160: PUDM05-0002. UPM06-000L DR06-0016
(As recommended by the Planning Commission on February 16, 2006)
A. Planning Division requirements shall be as follow:
I. The applicant shall comply with the Planning Divisions standard Conditions and Limitations for
Commercial Industrial and Multi-Family Residential Projects.
2. The project shall be completed and operated substantially as indicated in the plans prepared by John
Matthews Architects dated 10/19/05, except as otherwise modified by the conditions that follow.
3. No signs shall be approved with this application for the new tenant space without prior approval of
an appropriate sign permit issued by the City.
4. The applicant shall meet or exceed all ADA/Code requirements with relation to parking stalls and
ramps.
5. The applicant shall provide a landscape plan done by a Licensed Landscape Architect that indicates
which tree species will replace the diseased Cypress trees when they die.
6. The applicant shall provide a report from a Certified Arborist that addresses the health of the third
tree that is currently next to the building as well as outlines tree protection measures to protect any
trees that might be adversely affected during construction.
7. The owner shall responsible for ensuring that the site and perimeter properties remain free of litter
generated by the businesses or the patrons of this business.
8. Hours of operation shall be limited to 6:00 AM to lOPM daily.
9. All other relevant conditions of Specific Plan No. 2 remain in full force.
10. The applicant shall submit a sign application for any new signage. Said signage shall conform to
the Plaza's master sign program and shall be reviewed and approved by the City.
[Planning Division contact: Gerry Beaudin, Associate Planner (650) 877-8535]
B. Engineering Division requirements will be provided at plan review.
C. Building Division requirements will be provided at plan review.
D. Fire Department requirements shall be as follow:
1. Maintain emergency vehicle access road width next to proposed proj ect.
2. Provide hydrant street marker near existing fire hydrant.
-12-
3. Provide for signage on emergency vehicle access gate.
[Fire Prevention Department contact: Bryan Niswonger, Fire Marshall (650) 877-8537]
E. Police Departments requirements shall be as follow:
(November 14, 2005)
1. Municipal Code Compliance
The applicant shall comply with the provisions of Chapter 15.48 of the Municipal Code;
"Minimum Building Security Standards" Ordinance revised May 1995.
The Police Department reserves the right to make additional security and safety conditions, if
necessary, upon receipt of detailed/revised building plans.
2. Lighting Requirements
Exterior lighting should be upgraded, particularly at the rear elevation, so as to preclude trip and
fall hazard, as well as allow the identification of a human being at distance of no less than 25 feet
(approximately 1-1.5 foot candles).
[Police Department contact: Sgt. E. Alan Normandy (650) 877-8927]
F. Water Quality Control Department requirements shall be as follow:
1. Trash handling area must be covered, enclosed and any run-on must drain to the sanitary sewer.
This must be shown on the plans prior to issuance of a permit.
2. Plans must include location of concrete wash out area and location of entrance/outlet of tire wash.
3. A grading and drainage plan must be submitted.
4. An erosion and sediment control plan must be submitted.
5. Applicant may be required to pay an additional sewer connection fee at a later time. Please provide
the number of existing fixture units and new fixture units to the Office of Environmental
Compliance.
[Water Quality Control contact: Cassie Prudhel, (650) 829-3840]
-13-
Planning Commission Meeting of February 16, 2006
PUBLIC HEARING
1. Fahway Plaza Specific Plan Modification
DICK LEE CORPORATION/Owner
Bank of America/ Applicant
925-955 EI Camino Real
P05-01GO, PUDM05-0002, UPM06-000l & DR06-00l6
Modification of Specific Plan No.2-Fairway Plaza (California Golf Course Development Study) to allow a minor
variation in allowable building sizes, and Design Review of a proposed 2,000 sq. ft. addition to Building B in the
Fairway Plaza Shopping Center, 925-955 EI Camino Real, located in the P-C-L Planned Commercial Zone District, in
accordance with State Planning Law and SSFMC Chapter 20.85
Public Hearing opened.
Associate Planner Beaudin noted that the Bank of America and Dick Lee Corporation are co-applicants for the
project. He proceeded to present the staff report.
John Lucchesi, Architect, noted that this will be a small addition to the building that will maintain the existing
architectural features of the site. He added that the proposed parking meets the City's requirement for the site.
Vice Chairperson Honan questioned what the use of the additional 2000 square feet will be. Mr. Lucchesi noted
that the use has not been determined at the present time, but that the Precise Plan outlines the allowable uses.
Commissioner Prouty noted that some uses need more parking than other businesses and was concerned with the
lack of parking causing. Mr. Lucchesi noted that the uses have not been determined yet but the plan does meet
the parking requirements.
Public Hearing closed.
Commissioner Giusti noted her concern with the existing landscaping island being removed. Mr. Lucchesi noted
that the landscaping will be replaced.
Commissioner Prouty questioned what the parking requirements were in 1978 when the Specific Plan was adopted.
Associate Planner Beaudin noted that parking requirements will vary depending on the type of use. He noted that
retail is 1 space for every 200 square feet and office is 2 spaces for every 300 square feet.
Motion Honan I Second Giusti to approve resolution 2651-2006 recommending that the City Council approve
P05-0160, PUDM05-0002, UPM06-0001 & DR06-0016. Approved by voice vote. Absent - Commissioner Teglia
ADMINISTRATIVE BUSINESS
8. San Francisco Public Utilities Commission (SFPUC) Right-Of-Way / General Plan consistently findings
ITEMS FROM STAFF
None
ITEMS FROM COMMISSION
None
ITEMS FROM THE PUBLIC
None
ADJOURNMENT
10:00 P.M.
s:\MLV\.uteS\o2-:L6-06 R.'PC MLV\.utes.doc
-14-
'PClge :3 of -'/-
DRB Minutes
December 20, 2005
Page 2 of 4
The Board had the following comments:
1. Delete the words "Distribution Center" from the monument sign.
2. Concern with the branches obstructing view of the sign - reduce the 10' sign to 6'
or 7' to the top of the sign.
No need to come back to DRB. Consider comments for Conditions of Approval.
4.
OWNER
APPLICANT
ADDRESS
PROJECT NUMBER
PROJECT NAME
DICK LEE CORPORATION
Bank of Amercia
925-955 El Camino Real
P05-0160 & PUDM05-0002
Fairway Plaza Specific Plan Modification
(Case Planner: Gerry Beaudin)
DESCRIPTION Modification of Specific Plan No.2-Fairway Plaza (California
Golf Course Development Study) to allow a minor variation in
allowable building sizes, and Design Review of a proposed 2,000
sq. ft. addition to Building B in the Fairway Plaza Shopping
Center, 925-955 EI Camino Real, located in the P-C-L Planned
Commercial Zone District, in accordance with State Planning
Law and SSFMC Chapter 20.85.
The Board had the following comments:
1. Ramps between the handicap stalls need to be brought up to current code
requirements.
2. Devise a plan for another species to replace the diseased cypress trees when they
die.
3. Consider taking out the third tree next to the building.
No need to come back to DRB. Consider comments for Conditions of Approval.
5.
OWNER
APPLICANT
ADDRESS
PROJECT NUMBER
PROJECT NAME
Tom Keane
Arrow Signs
168 Marco Way
P05-0164 & Signs05-0056
Type "C" Sign - Cornerstone Home Design
(Case Planner: Gerry Beaudin)
DESCRIPTION: Type "C" Sign Penuit application to allow new wall signage
at 168 Marco Way in the Planned Commercial (P-C-L) Zoning
District in accordance with SSFMC Chapters 20.24,20.85 &
20.86
The Board had the following comments:
1. Consider relocating the sign to an area where the trees are not present. Tree size
needs to be indicated on the plans.
2. "Home Design" may not be in compliance with the sign program. Discuss
allowable copy with Planning Staff.
No need to come back to DRB. Consider comments for Conditions of Approval.
-15-
CALIFORNIA GOLF COURSE DEVELOPMENT STUDY
SPECIFIC PLAN NO. 2
Goals: The establishment, maintenance and practical utilization of 6.7 acres of pro-
perty located at the southwesterly corner of El Camino Real and Westborough Boulevard.
Project Area:
The area studied and included herein is all that land area within and limited by the
legal description setforth in Exhibit "A" and entitled ilLegal Description for Divi-
sion of Land of California Golf Club of San Francisco a Corporation".
Contained within this site are 76 mature trees, one pine which is 30 inches in trunk
diameter, 47 cypress ranging from 14 inches to 60 inches in trunk diameter; the re-
maining trees are eucalyptus which vary from 8 inches to 72 inches in trunk diameter.
Elements of the Specific Plan:
I. Environmental Impacts and Mitigation Measures:
The una~oidable project {mpacts, projects alternative and specific
mitigation measures are setforth in documents entitled "Environmen-
tal Impact Report for the Residential/Commercial Center at El Camino
Real and Westborough Boulevard, South San Francisco, Californiall
(dated January 20, 1970), the addendum thereto dated March 7, 1978,
and the responses to public comments setforth and incorporated there-
in. Said documents are incorporated herein by reference and do here-
by become a part of this document.
II. General Plan Designation:
The present general plan designation for this site is Medium-High
Density and accordingly it shall be necessary for said plan to be
amended to permit the implementation of this specific plan element.
Accordingly it is anticipated that as a part of the implementation
procedure that the General Plan shall be amended from Medium-High
Density to Office/Professional. Thereafter it is intended that
this Specific Plan shall be utilized to ensure that future develop-
ment on this site shall be in keeping with this l~nd use designation.
III. Zone Districts and Limitations:
The present zoning on this site is "U" Unclassified. This zone dis-
trict is sufficient to cause the development of the site for the
land uses specified herein. However, to insure that the land uses
are properly regulated; it is intended that, as a part of the imple-
mentation process, the zoning on the site shall be amended from IIUII
Unclassified to a C-O Commercial Office Zone District. The zoning
ordinance of the City of South San Francisco is hereby incorporated
as a part of this document and in any case where a conflict arises
between this document and said zoning ordinance, the provisions of
the zoning ordinance shall prevail.
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California Golf Course Development Study
Specific Plan No. 2
Page 2
IV. Land Use and Development Patterns:
. A. COfllllercial/Office Land Use Area,
The Commercial/Office area shall incorporate that portion of
the total site fronting on El Camino Real exclusively and
having a street frontage of approximately 435.99 feet, a depth
of 290.29 feet along the southerly property line and 216.05 a-
long the northerly property line. The rear lot line shall run
parallel to El Camino Real; a total distance of 453 feet with a
65 foot offset at the approximate middle of the site. Said 65
foot offset at the approximate middle of the site. Said area
is designated and setforth in Exhibit "B" attached hereto.
Development of this area shall be limited to three independent
structures. These structures shall contain the fOllowing maxi-
mum square footage of floor area:
A. 12,734 sq. feet B. 7,400 sq. feet
t. 6,500 sq. feet
Parking for the site shall be provided by 132 - 9 foot by 20
foot stalls. Each stall, except those abutting landscaped
areas of 6 feet or more in depth, shall contain a concrete
bumper stop. In addition the site will contain at least two
vehicle stacking lanes capable of accomodating 17 vehicles for
drive-up window service to Building "A" only,
At least 16,870.square feet of this site area shall b.e improved
with landscaping, sprinklers arid concrete curbing and as a re-
sult of the development of the site, not more than three cypress
trees and one eucalyptus tree shall be removed. Particular care
shall be given to the remaining trees to avoid root, drainage
and other forms of damage which could affect the anticipated life
spans of the trees. Prior to development or grading on the site,
the property owner shall be required to secure the services of a
licensed landscape architect selected by the City for the purpose
of preparing a report on the proper short and long term mainten-
anceof the remaining trees. The site layout and configuration
shall be contained on the supplemental exhibit entitled "Commer-
cial Area Site Development Plan" exhibit "A".
B. Senior Housing Facilities
The remaining site area shall be divided into three parcels. Par-
cel No.1 shall contain a three story Senior Housing Complex which
contains not more than 70 one bedroom and 4 two bedroom units.
The total floor area shall not be more than 60.000 square feet with
not more than 20,000 square feet of land coverage. The location of
the structure shall be as setforth on the exhibit entitled "Senior
Residential Area Site Development Plan" exhibit "8".
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California Golf Course Development Study
Specific Plan No. 2
Page 3
C. Senior Board and Care Facilit.Y
Parcel No.2 shall be designated and used for a Senior Citizens
Board and Care Facility. This facility shall be two stories in
height with not more than 86 guest rooms sufficient to handle an
occupant load of not more than 160 residents. The total floor
area of the facility shall not exceed 41,000 square feet. The
location of the structure shall be assetforth on the exhibit
entitled IISenior Residential Area Site Development Planll exi-
bit IIB".
D. Density of Residential Area
The residential density of the proposed senior housing area shall
not exceed the density of persons to acreage normally found in
similar residential apartments constructed at a gross density of
30 units to the acre.
In interpreting the sections, the following formula shall be
used:
30 units X 2.2 persons per unit = 66 person maximum density per
acres.
Net acreage of senior housing area = 4.0 acres X 66 persons per
acre = 269 total occupants. For the purpose of this section,
senior housing facilities shall be calculated as follows:
1. Board/Care facility-86 rooms X 1.8 persons per room = 160
occupants.
2. Senior Citizens Building-73 units X 1.5 person per room =
109 occupants.
3. Total occupant load for 4.0 acres = 269 persons.
E. Office Area
Parcel No.3 shall be designated and used for office purposes
only as defined in the zoning ordinance of the City of South
San Francisco for the C-O Commercial/Office Zone District. The
location of the structure shall be as setforth on the exhibit
entitled "Senior Residential Area Site Development Planll exhi-
bit 11811. The land area for the site shall be 17,000 square feet
and shall contain one, 1 story commercial office structure of not
more than 6,000 square feet in area. Parking for the facility
shall be provided by 20 - 9 X 20 foot stalls. At least 2,400
square feet of the site shall be landscaped.
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California Golf Course Development Study
Specific Plan No. 2
Page 4
The office building shall be designed as an integral part of the
Senior Residential area and shall incorporate the same color themes
and architectural features. Floor space with the facility shall in-
corporate space for the owners and developers of the senior housing
project and shall also be used for maintenance and lease office
facilities. The remaining floor 'area shall be used exclusively .for
office/professional land use.
F. Landscaping - Open Space - Recreation Facilities
A detailed landscape and sprinkler system plan shall be developed
for the site and submitted to the City Architectural Committee and
Parks and Recreation Department for their review and approval.
Particular attention shall be given to all existing trees located
on the site to assure that the trees are not damaged due to con-
struction activities. The developer shall secure the services of
a landscape architect for the purpose of developing a comprehensive
plan for the preservation and'future maintenance of all trees not
specifically approved for removal.
Open lawn and natural area shall be provided in and adjacent to the
senior housing units for the purpose of providing open sunlit areas
of outdoor recreation. Such areas shall be provided with wind pro-
tection, benches, walks, barbeque areas and other amenities suffi-
cient to encourage utilization. Open space requirements for the
housing area shall equal at least 150 square feet for each occu-
pant or 40,350 square feet of the total land area.
In addition to the outdoor areas, each building complex shall have
an area therein set aside for indoor recreation purposes. This
area shall be at least 15 square feet of floor area for each occu-
pant therein or:
160 X 10 = 2,400 sq. feet for the Board and Care Facility and
109 X 10 = 1,500 sq. feet for the Senior Citizen Building~
Indoor recreation area shall be equipped with kitchen facilities,
tables. chairs, lighting and other fixtures and amenities suffi-
cient to encourage utilization.
Access to all indoor and outdoor recreatiO'n areas shall be equipped
to accomodate handicapped individuals.
G. Parking and Circulation
1. Senior Residential Areas
Access to the Senior Residential areas shall be provided by way
of main driveways. Each driveway shall be at least 25 feet in width.
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California Golf Course Development Study
Specific Plan No. 2
Page 5
Driveway No. 1 will enter off of Orange Avenue for the purpose of
supplying access to not more than 40. parking spaces which shall
serve the Board and Care Facility and the Senior Citizen Building.
A security gate for emergency vehicle access shall be provided to
the rear of the commercial site at a point between the. existing
trees where the existing access road is located. The second drive-
way shall be located on Westborough Boulevard and shall supply ac-
cess to not more than 69 parking spaces; 20 of these shall be des-
ignated for the exclusive use of the office building. The remain-
ing 49 spaces shall provide support parking for the board and care
facility and Senior Housing Project.
Parking for all senior housing shall be equal to 1 space for each
3 occupants approved herein. or one/half space for each unit. which-
ever amount of parking is greater.
269 .:;- 3 = 89
1 63 X. 5 = 80
Total required parking-senior housing
Total required parking-office area
89
20
109
109
Total parking
Parking provided
2. Office Commercial Area
The office commercial area shall be served by two access driveways
off of El Camino Real; each driveway shall be at least 25 feet in
width.
Parking on the commercial area shall be based on the following
formula:
Office - 1 space per 300 sq. ft. of gross floor area.
Retail - 1 space per 200 sq. ft. of gross floor area.
a. Building IIAII 12,734 sq. ft .:.. 300 = 42.4 required spaces
b. Building 11811 4,000 sq. ft: .:... 300 = 13.3 II II
.
3,500 sq. ft. +- 200 = 17.5 II II
c. Buil di ng . II ell 3,500 sq. ft. ~ 300 = 11.6 II II
3,000 sq. ft. ~ 200 = 15. II II
Tota 1 Required Parking 100 spaces
Tota 1 Parking Provided 132 spaces
NOTE: For the purpose of computation. it was assumed that a per-
centage of the floor area would be used for a use classi-
fied as retail in nature.
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California Golf Course Development Study
Specific Plan No. 2
Page 6
All areas designed and constructed for parking, access and turn-
around in support of these land uses must meet the requirements
of the Parking Provision Sections of Ordinance 353, as amended,
and the minimum design requirements of the City Fire Department
for emergency vehicle access regardless of the provisions set-
forth herein and in all cases of dispute. the most restrictive
standards shall prevail.
H. C-O Zone District Requirements
The provisions of the C-O Zone District are an excerpt from
Ordinance 353, as amended. and incorporated herein as addition-
al provisions of the plan. In the case where the Planning Com-
mission may waive any specific provisions therein or establish
land uses therefore, said waivers shall be setforth in this doc-
ument. In all other cases, the provisions setforth from the
C-O Zone regulations excerpt shall prevail.
V. Permitted Land Uses:
The foll owi ng 1 and uses are hereby determi ned by the Pl anni ng' Commi ss i on to
be compatible and of a similar nature to the land use specified for the
c-o Zone District. .
a. Senior Multiple family housing.
b. Senior Board and Care facilities.
c. All other land uses setforth in the C-O Zone District and including:
1. Real Estate office
2. Insurance offi ces
3. Travel agencies
4. Private Employement agencies
5. Banks - Savings and Loans
6. Escrow and Title Insurance offices
7. Florist
8. Bakery/Confectionest providing food-is not
consumed on the premisis.
9. Photographer - Camera Shops
10. Dry Cleaners provided no laundry or dry cleaning is
actually processed on site.
11. Music Stores - TV or Stereo Sales and Service
12. Office and Stationery Supplies - Gift Shop
13. Yarn and yardage shop
14. Art Supplies
15. Stock Brokers
-21-
California Golf Course Development Study
Specific Plan No.2
Page 7
16. Optometrists
17 . Shoe repair
18. Coin and Stamp Stores~ Jewelry, Tobacco and Tailor Shops.
19. Other uses which in the opinion of 'the Planning Commission
are of a similar nature may be permitted on this site pro-
viding that a Use Permit is obtained in each case.
VI. Prohibited Land Uses:
The following uses are determined by the Planning Commission to be incom-
patible with the C-O office zone and the development of this site:
1. Restaurants and Fast Food stores
2. Liquor stores
3. Bars or 'establishments where liquor is.dispensed by the drink.
4. Any use providing entertainment.
5. Secondhand sales and Secondhand Stores.
6. Auto parts or suppl iers new or used.
7. Warehousing not a part of an approved land use.
8. Food Markets or Convenience Markets
9. Auto repair or maintenance facilities.
10. Ca ta 1 ogue stores
11. Discount stores or discount retailestablishmerits of anv tyoe.
12. Any land use which in the opinion of the Planning Conmission
will generate traffic noise or activity beyond that normally
associated with a commercial office type of land use.
VII. Implementation Procedure:
It is the expressed intent of this specific plan to detail and provide
for the future development of this particular area.
All future development and utilization of this site shall be limited to
the items specified herein. To insure that this is the case. each ele-
ment of this plan shall be setforth in a use permit application which
shall be submitted and processed in accordance with Section 6 of Ordi-
nance 353, as amended. Any change or diviation to this plan shall re-
quire that the applicant therefore secure an amendment approved by the
City Council to this Specific Plan.
Prior to the development of any phase of this plan, the developer shall
secure a Subdivision Map in accordance with the City Subdivision Ordi-
nance and the State Subdivision Map Act. and each said parcel so created
shall meet the requiements setforth herein and in the zoning ordinance
in order to assure that each parcel shall meet minimum City Standards for
landscaping, parking site coverage. etc.
-22-
California Golf Course Development Study
Specific Plan No. 2
Page 8
The provision of this Specific Plan shall not become effective until
the City Council has taken the following actions:
a. Certified the Environmental Impact Report.
b. Adopted an amendment to the General Plan from Medium-High
density to Office/Professional.
c. Adopted a zone change from "U" Unclassified to C-O Corrmer-
cial Office.
d. Adopted this Specific Plan.
Subsequent to these actions. the Planning Commission shall proceed on
Use Permit request for the on-site development.
VIII. Developer's Agreement:
As a part on any use permit request for the development of this site.
the developer shall sign an agreement that he has read and will abide
by the contents of this Specific Plan.
-23-
'.,-
Please sign this form and return to: City of South San Francisco
Planning Division
400 Grand Avenue
South San Francisco. CA 94080
ACCEPTANCE FORM
STATE OF CALIFORNIA )
COUNTY OF SAN MATEO ) SS
CITY OF SOUTH SAN FRANCISCO )
SPECIFIC PLAN NO. 2
I. the undersigned. state:
~ea~re the owner or the duly authorized representative of the'owner
of t~e real property described in the above numbered Specific Plan
I am
We are aware of. and accept. all of the stated conditions in said Specific'
P 1 a n No. 2
Executed this
day of
. 19
~e certify (or declare) under the penalty of perjury'that the fore-
going is true and correct.
(Signature)
(Signature)
(S i 9 na tu re )
-24-
...
EXHIBIT "A"
LEG^L DESCRIPTIONS FOR DIVISION OF
LANDS OF C^LIFOR~nA GOLF CL!JR OF SAN FRA~JCISCO,
A CORPOP,^TION
Parce 1 1
'/
ALL THAT CERTAPI REAL PROPERTY SITUATE IN THE' CITY OF SO!ITH SA~I FRANCISCO,.
COUNTY OF SAN MATEO, STATE OF CALIFORNIA, DESCRIBED AS FnLlmJS:
BEGINNING at a point on the Southwesterly line of El Camino Real (66 feet
in width) at the most Easterly cot"Tler of the Subdivis~on entitled "Rancho
Buri-Bui'i, South San Francisco, California", filed in the office of the
County Recorder of San r'1ateo. County on f1arch 22. 1946. in Book 25 of Naps at
pages 28 to 30; thence along the center of Twelve Nile Creek, as Shown on
said map. and as established by that certain noundary Line Agreem~nt between
Buri-Buri Homes, Inc., and California Golf Club of San Francisco, a California
corporation, recorded f.larch a, 1947 in.Dook 1456 of Official Records at page
234.~ Records of San 1,'1ateo County California South 810 481 35" H, 61.83 feet
to the south\'iesterly line of the~li1nd conveyed to the State of CAlifornia by
that certain Dead. recol~ded October 6, 1970 in Book 5341 at page 179,. Official
Records of San rlateo County. Cal iTorni a and the TI'ue Point of !1eqinnina of
this ciescription; thence continuing along said center of T\';e.ive liile Creek
the fo11o\'/ing courses and pistances: S 810 4al 35" H, 112.36 feet, rt.GGo 011
90" W 56.18 feet and S 1310 561 50'" \oJ 15.09 feet; thence S 330 21' 49" E, 250.00
feet; thence S 560 38' 11" E, 25.00 feet; thence S 330 21' 49" E, 203.85 feet
to the ~lortl1\'lesterly line of the lands conveyed from the Cil1ifornia Golf Club
of San Francisco to American Homes, Inc. by Deed dated ,July 15, 1940 and
recorded in Dook 9CJ9 at paqe 103, Official Rec.ords of San rlilteo County,
CalifOl'nia; thence along said last mantioned line the follm.tinq cpurses and
di stances: N 690 331 30" E, 22.95 feet, N 880 15 I 40" E, 111.49 feet and
N 610 20' 30" E, 82.93 feet to the above mentioned South\'/ester1y line of the
land of the State of Calfornia; thence ~orthwesterly along a non-tangent curve
to the left from a tangent bearing of S 310 041 25" E with a radius of
2,940.00 feet, th,'ough a central angle of 80 301 3n", an arc length of 436.59
feet to the True Point of Beginning, and containing 1.917 acres, mor~ or less.
Parcel 2
BEGItHHIlG at a point on the South\'/esterly line of Fl Car:1ino Rr.Cll (66 feet in
\,tidth) at the most Easterly eOl'ner of the Subdivi::;ion entitled "Rancho Guri-
Buri, South San Francisco, California", filed in the office of the County
Recorder of San nateo County on narch 22, 1946 in Dook 25 of naps at paqes 23
to 30; thence along the center of Twelve 1'111e Creek, as sllc'\;i1 all said map,
and as established by that certain Doundary Line Agreement bch/een [juri-Buri
Homes, Inc., and California Golf Club of San Francisco, a Califomia corporation,
recorded I-larch 8, 1947 in nook 1456 of Official 'Records at pu~e 234, Records of
San r'latco County,.Ca1ifomia, the follm.ting course and distances: S 8P 43' 35" :.J,
174.19 feet, N 860 011 50" \"/ 56.IR feet and S 810 561 50" \1 lS.09 feet to the
True Point of Geqinnillfl of this description; thence continuinC'j illong silid center
of T\'/elve r:nre-CreckS-1110 56150" H 53.77 feet and II nso 51'"40".\'1262.06 feet
to the Southerly line of Hestborough OrUl1o\l=trd as established by Oeed from the
-25-
e,
California Golf Club of San Francisco to the County of San t1ateo recorded
July 25, 1966 in Book 5194 at paqe 288, Offieial Records of San Mateo County,
California; thence along said last mentioned line the follo\'ling courses and
distances: Southwesterly on a curve to the right from a tangent bearing of
S 660 151 33" H, with a radi.us of 650.00 feet, through a central angle of
50 321 07", an arc di stance of 62.80 feet, S 700 291 26" ~1 100.00 feet and
along the arc of il tungcnt curve to the left~ \.tith a radius of 40.00 feet,
through a cantu1 angle of 720 291 26", an arc distance of 50.61 feet to the
Easter'ly line of Hcst Orange Avenue as established by Deed from California
Golf Club, a corporation, to the City of South San Francisco, recorded
November 13, 1957 in Book 3307 at page 21, Official Records of San Mateo
County, California; thence along last mentioned. line, S 20 001 E, 109.59
feet to the' Northwesterly boundary line of the 80 faot strip conveyed to the
City and County.of San Francisco from the Spring Valley l'Jater Company and
described as Parcel 22 therein (said Deed was recorded March 3, 1930 in
Book 491 of Official Records at page 1, et seq.); thence along said last
mentioned line S 620 121 18" E 585.61 feet, more or less, to the North\'/ester1y
boundary line of lands conveyed from California Golf Club of San Francisco ·
toC'Arr~r1ciln Homes, Inc. by Deed dated July 15, 1940 and recorded July 15, 1940
in Book 909 at page 103 of Official Records of San' Nateo County, Califot'niaj
thence along said last mentioned line,N 690 331 3D" E. 213.89 feet; thel'lce
leaving said Northwesterly line of American Homes, Inc. N 330 21' 49" W.
203.85 feet;; thence N 560 381 11" E. 25.00 feet; thence N 330 211 49" ~1.
250.00 feet to the Tr'ue Point of lJeyinning, and containing 4.818 acres, more
or less.
-26-
"
E. Public, parochial and private elementary schools, junior high
schools, high schools and colleges. :
F. Public park, wildlife preserve, recreation or open space area.
G. Churches, parish houses, monasteries, convents and other reli-
gious institutions.
4.53 Uses Permitted, subject to first obtaining a Use Permit in each case
A. Broadcasting tower for radio or television.
B. Mining, dredging, loading, and hauling of sand, dirt, gravel,
or other aggregate.
C. Private, non-profit schools and colleges not including business,
professional or trade school and colleges.
D. Public and private philanthropic and charitable institutions.
E. Public utility and public service structures or installations
when found by the Commission to be necessary for the public health, safety or welfare.
F. Incidental and accessory structures and uses located on the same
site with, and necessary to the operation of a Conditional Use.
. G. Private commercial recreation uses which do not significantly
alter or eliminate the land's natural character.
H. Private commercial and retail sales, restaurants, and other
similar commercial uses when it is determined by the Planning Commission that such
uses are compatible with public and private recreation uses and the public interest.
I. Private parking facilities when constructed in conjunction with
permitted uses.
4.54 General Regulations
A. No horses or cattle and no other animals except househol~ pets
shall be bred, raised or maintained within 200 feet of any R districts.
B. Off-street parking and loading space shall be provided in accor-
dance with Section 4.1 herein.
C. The total ground coverage of structures on any parcel located
within the OS District shall not exceed 25% of the gross parcel area.
COMMERCIAL OFFICE ZONE DISTRICT or C-O DISTRICT
SECTIONS:
4.60 Commercial Office Zone District or C-O District
4.61 Permitted Uses (C-O)
4.62 Uses Requiring A Use Permit
4.63 Zone Clearance, Development Permits (C-O)
4.64 Signs (C-O)
4.65 Height Regulation (C-O)
4.66 Area Regulation (C-O)
4.67 Off-Street Parking
4.68 Landscaping, Lighting and Storage (C-O)
-27-
..
.-
4.60 Commercial Office Zone District or C-O District
To provide a method'by which land located in or adjacent to resi-
dential areas may be designated and developed as a unit for professional and l~mited
commercial offices, and to produce a professional and limited commercial office
development which will be compatible and harmonious with existing or potential
development of adjacent residential or other areas, and to foster professional and
1 imi ted commercial offi ce development whi ch meet the standards set forth herei n of
open space, concentration of buildings, parking facilities, landscaping, and pedes-
trian and vehicular circulation. commercia') office zones (C-O) are establ ished to
provide suitable alternative locations for office and services of a professional,
clerical or administrative nature.
4.61 Permitted Uses (C-O)
The following uses only shall be permitted in the commercial office
zone district (C-O) subject to the requirements and conditions ofa zone permit:
A. Medical and dental clinics and laboratories;
B. Office buildings for professional or business uses. Retail,
wholesale. or warehouses are prohibited, except as otherwise set forth herein.
C. Barber shops. beauty shops or newsstands located in an office
building. provided that there shall be no direct entrance to the public right-of-
way or exterior oriented advertising signs.
D. A pharmacy. provided that it be limited to the preparation.
dispensing and retailing of drugs and medical supplies and related non-pharma-
ceutical commodities.
E. The growing of agricultural crops on vacant property and uses
accessory thereto. except roadside stands.
nature.
4.62 Uses Requiring A Use Permit.
The uses set forth in this secti'on may be permitted in C-O zones if a Use
Permit is granted by the Commission in the manner set forth in Section 6 of Ordi-
nance 353. as amended. A permit for any such use may be granted by the Commission
only. if it finds that the use will not be injurious or detriment'al to the public
health, safety or welfare or to the properties in the area in which the use will
be situated, and secondly, that the imposition of conditions upon the requested use
will insure against such effects.
A. Roadside stands when necessary to support agricultural land uses
conducted on the same site.
B. Churches. mortuaries. ambulance service.
C. Development of natural resources or water wells.
D. Day nurseries.
E. Any use which in the opinion of the Commission is of a similar
F. Multiple-family residential structures.
4.63 Zone Clearance, Development Pemits (f:Ql
The office of the City Planner shall cause to be issued a zone
permit when the applicant has complied with all of the requirements of this section.
the requirements of Section 5 of Ordiance 353, as amended, all other applicable zon-
ing ordinance requirements, and the findings of the City of South San Francisco
Architectural Committee. If any appl icant lis aggrieved by the actions of any person
or political entity, he may appeal to the Planning COll1T1ission in the manner set forth
in Section 5 of Ordinance 353, as amen'~2'8_
":In
,
4.64 Signs (C-O)
Subject to the requirements and conditiolls of the development
permit, business signs advertising only the business conducted or the services,
provided on the premises shall be the only signs permitted in the c-o Zone
District, subject to the following 1 imi tations:
A. All signs shall be attached to the face of the building and
shall not project more than 12 inches therefrom.
B. Signs may be softly backl ighted or flood 1 ighted only. .
C. Sign areas may not exceed one square foot of sign for each
linear foot of street frontage.
D. Two signs may be permitted on corner lots.
E. No sign may extend or sit upon the roof of a building.
F.In the case of mu'ltip1e tenant buildings, one directory sign
designed to be read by pedestrians entering the building may be placed on the
wall at each major point of entry. ' .
G. Freestanding signs shall not be permitted.
H. Signs on the building should be of a design that is harmonious
with the architectural treatment of the structure.
I. All signs over 100 square feet in area shall be subject to the
granting of a Use Permit in accordance with the provisions of Section 6 of Ordi-
nance 353, as amended.
4.65 Height Regulation (C-O)
The Planning Commission may permit a structure to exceed two stories
or 25 feet if it finds that the general .intent and purpose of this secti.on have
been met, but in no case shall any structure exceed four (4) 'stories or 45 feet in
overall height from finished grade to the highest portion of the roof or appurten-
ance attached thereto.
the 'C-O Zones:
4.66 Area Regulation (C-O)
The following area regulations shall apply to aryy use permitted in
A. Front yard, 20 feet exclusive of vehicular parking and turn-
around areas, provided that the second floo~ may project not more than five feet
into the required setback. For the purpose of thtssection, corner side yards
shall be treated the same as a front yard.
B. Rear yard, not less than 20 feet.
C. Side yard, not less than five feet, provided that where the side
yard abuts on residential property, the side yard shall not be less than 10 feet
or the length of the shadow cast by the building whichever distance is greater.
D. Interior yard between buildings shall be a distance equal to the
shadow cast by the southerly building or 20 feet, whichever distance is greater.
E. Building, including accessory building, shall not cover more
than 50 percent of the permit area, provided that if covered parking is provided,
the area of building cove~age may be increased in equal proportions to the area of
covered parking. For each five covered parking spaces, one percent of the total
land area shall be added to the landscaped area. In no case shall more than 90
percent of the total land area be devoted to building, structures~ parking, vehi-
cular circulation, and not less than 10 percent of the total land area shall be
devoted to landscaping.
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40
..
4.67 Off-Street Parking
Off-street parking shall be provided in the C-O Zone District in
accordance with Section 4 of Ordinance 353, as amended.
4.68 Landscaping, Lighting and Storage {C-O}
The following provisions shall apply to the c-o Zone District:
A. Landscaping
1. Three (3) percent of the total 10 percent landscaping
shall be located in and distributed throughout the
parking area {except in covered parking areas};
2. All of the requirements of Section 4 of Ordinance
353, as amended, related to landscaping shall be
applicable to this section;
3. Whenever development in the c-o zone abuts any "R"
zoned property, a six foot high decorative block
or sol id wall shall be .erected {for the .purpose of
this section, wood or chain link fences are not
considered solid walls}. Such walls shall not
exceed 36 inches in height for a distance of twenty
(20) feet from the edge of the abutting public
right-of-way.
B. Lighting. Lighting may not illuminate or glare onto any adja-
cent property or public right-of-way so as to be deemed objectionable or hazar-
dous to motorists.
C. Storage of materials and equipment. Storage of materials or
equipment may be permitted subject to the granting of a Use Permit by the Plan-
ning Commission in accordance with Section 6 of Ordinance 353. as amended.
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PROPOSEP MAXIMUM ElUIUiIN6~' 2e,I54 SF
FROP05EI' ~ FLOOR Ar:c;A RATIO, 0.255
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PAI<.I(IN6 REGUIRED, 12,154 SF/500, 45 PA!<.KIN6 SPAc.ES
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~ ElUIUiIN6 A, 5150 SF
~ ElUIUiIN6 6, 1650 SF
ElUIUiIN6 6 ADDITION, 2000 SF MAX. (PROPOSED)
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50lli I<.t:,AIL, 1100 SF1500, 26 SPAC!5
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1~8 SPECIFIC PLAN REGUIRED PARKIN6 SPACES, 102 SPACES
2005 EXISTIN6 PARKIN6 SPACES, 101 SPACES
c.uR.RENT PIWPOSAL.,
EXISTINe. PARKIN6 SPACES RE1'10YED, t> SPACES
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G. LANOSGAPE,
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P4l~"'~ Staff Report
AGENDA ITEM #7
DATE:
TO:
FROM:
SUBJECT:
March 22, 2006
Honorable Mayor and City Council
Marty Van Duyn, Assistant City Manager
CONSULT ANT AGREEMENT WITH HARRIS AND ASSOCIATES FOR
WET WEATHER PROGRAM PHASE II DESIGN SERVICES
RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the City Manager to
approve an agreement with Harris & Associates to provide design services for the Wet
Weather Program Phase II in the amount of $708,000.
BACKGROUND/DISCUSSION
The Wet Weather Program was initiated to remediate a Cease and Desist Order (CDO) issued by the
Regional Water Quality Control Board (RWQCB) on July 16, 1997. In response to this order, the
City completed capacity improvements at the Water Quality Control Plant, conducted an Infiltration
and Inflow Study and developed a Master Plan of recommended infrastructure improvements,
subsequently referred to as the Wet Weather Program.
The Wet Weather Program consists of four phases which include: Phase I, the primary pump stations
and force mains (now substantially complete); Phase II, the sub-trunk sewer mains (design services to
be awarded under this contract); Phase III, Colma Creek bank protection adjacent to the plant
(completed); and Phase N, pump stations, force mains and sewer sub-trunks in the East ofl0l area
(now under design).
Phase II is the final phase needed to satisfy the requirements of the CDO that all improvements be
completed by November 1, 2007. It would upgrade the capacity of the sewer lines and reduce the
inflow and infiltration for the following lines, all west of Highway 101 :
· The Airport Boulevard Relief trunk - up sizing existing sewer lines between Sister Cities
Boulevard and North Canal Street.
. Up sizing the Hillside Boulevard Sub-trunk from Linden Avenue to Arden A venue.
· Westborough Boulevard Sub-trunk - up sizing three segments of mains: Del Monte from Nyla
Avenue to Arroyo Drive; Camaritas Avenue from Arroyo Drive to Westborough Boulevard,
and Westborough Boulevard/Chestnut Avenue from Camaritas Avenue to Mission Road.
Staff Report
Subject:
CONSULTANT AGREEMENT WITH HARRIS AND ASSOCIATES FOR
WET WEATHER PROGRAM PHASE II DESIGN SERVICES
Page 2 of3
· Upsizing the Portola Avenue Sub-trunk from EI Camino Real to Sonora Avenue.
· Up sizing the Victory Avenue Sub-trunk from South Spruce Avenue to South Linden Avenue.
· First Street Sub-trunk - the flow characteristics ofthis main will be studied to determine the
most cost effective, long term solution to sewer overflows in the First Street! A Street area.
The Request for Proposals (RFP) consultant selection process included a mandatory Pre-proposal
Conference. This briefing was essential in assuring that prospective consultants were uniformly
informed about the scope, details and tight time frame for this design effort. Ten engineering firms
attended this session.. Proposals were subsequently received from the following four firms in
response to the City's widely publicized RFP:
· Carollo Engineers, Walnut Creek
· Wilsey Ham, Foster City
· Nolte Associates, San Jose
. Harris & Associates, Concord
A panel comprised of Terry White, Public Works Director, Ray Razavi, City Engineer and Mohinder
Sharma, City Engineer for Daly Ci1y interviewed all four respondents. The panel utilized an
objective scoring system to rank the four consultant firms. The selection criteria included the
following: qualifications and experience of the proposed team, their track record in meeting
schedules and budgets, identification of key issues and constraints, and the proposed total fee.
The panel selected Harris & Associates as the top firm. Staff subsequently met with the selected firm
to confirm scope and the required specialized investigations. The fee of$708,000 was negotiated
with Harris and Associates to include two additional services determined to be crucial to the project.
The first addition to the scope includes determination ofthe extent of hazardous materials in the route
where open-cut construction is utilized. In order to make an accurate determination as to the extent of
hazardous materials and direct the contractor to provide an exact bid, the geotechnical investigation
will take adequate sampling ofthe aHected construction areas to determine the type and quantities of
these materials. The second addition 10 the scope includes videotaping of all sewer lines included as
part of this phase to determine the current condition of the lines with respect to cracks and sags as
well as the existence of unknown connections. This information is crucial for a good design and will
result in fewer change orders and claims.
Design will commence immediately after contract award, on an accelerated schedule to assure
construction completion prior to the November 2007 Cease and Desist Order deadline.
Staff Report
Subject:
CONSULTANT AGREEMENT WITH HARRIS AND ASSOCIATES FOR
WET WEATHER PROGRAM PHASE II DESIGN SERVICES
Page 3 of3
FUNDING
This project is included in the City of South San Francisco's Capital Improvement Program (Fund
Number 71-13235-0556: $3,787,000 ,md 71-13235-0557: $2,801,000) in the amount of$6,679,000.
The City has an approved loan commitment of$45,000,000 from the State Water Resources Control
Board (State Revolving Fund) for the Wet Weather Program, which includes Phase II's design and
construction cost.
CONCLUSION
By awarding this consultant contract, the City of South San Francisco will be able to design Phase II
of the Wet Weather Program to satisfy the conditions of the CDO 97-104 issued by RWQCB.
Construction of Phase II is planned to be completed by Summer 2007, prior to the November 1,2007
deadline set by RWQCB.
BY~
Marty Van Duyn
Assistant City Manager
---,
APProvoo~ ~ ~fJ
M. Nagel
City Manager
Attachments: Resolution
Consultant Agreement
RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AWARDING AN AGREEMENT FOR
WET WEATHR PROGRAM PHASE II DESIGN
SERVICES TO HARRIS AND ASSOCIATES OF
CONCORD IN THE AMOUNT OF $ 708,000.00
WHEREAS, staff recommends approval of an agreement between Harris and Associates and
the City of South San Francisco for vVet Weather Program Phase II design services in an amount not
to exceed $ 708,000.00; and
WHEREAS, sufficient funds for this project are included in the City's 2005-2006 Capital
hnprovement Program budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the City Council hereby awards the agreement for Wet Weather Phase II design
services to Harris and Associates in the amount of $ 708,000.00.
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 S,m Francisco at a meeting held
on the day of , 2005 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND
NAME OF CONSUTLANTS
THIS AGREEMENT for consulting services is made by and between the City of South San
Francisco ("City") and Harris & Associates ("Consultant") (together sometimes referred to as the "Parties")
as of (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 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. ThH term of this Agreement shall begin on the Effective Date and shall
end on , 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 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 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) that conform to
the standards of quality normally observed by a person practicing in Consultant's
profession.
1.3 Assianment 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 Ireasonably 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 a sum not to exceed
, 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. 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.
Consulting Services Agreement between
City of South San Francisco and Harris & Associates
DATE
Page 1 of 14
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically
authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.
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.
rNOTE TO STAFF: THE FOllOWING PROVISIONS OF THIS SECTION MAY BE ALTERED AS
NECESSARY TO FIT THE CIRCUMSTANCES OF A PARTICULAR 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. Cilty shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 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.
Consulting Services Agreement between
City of South San Francisco and Harris & Associates
DATE
Page 2 of 14
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.
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 liS 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 in Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not
exceed . Expenses not listed below are not chargeable to City.
Reimbursable expensEis are included in the total amount of compensation provided under
this Agreement that shall not be exceeded.
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.
Consulting Services Agreement between
City of South San Francisco and Harris & Associates
DATE
Page 3 of 14
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 negligent 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 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 Liabilitv 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 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.
Consulting Services Agreement between
City of South San Francisco and Harris & Associates
DATE
Page 4 of 14
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:
a. The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. 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 Liabilitv 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. Any deductible or self-insured retention shall
not exceed $1 t50,OOO per claim.,
4.3.2 Claims-made limitations. The following provisions shall apply if the professional
liability covera!le is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. 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.
c. If covmage 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 A!lreement, 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
Consulting Services Agreement between
City of South San Francisco and Harris & Associates
DATE
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expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptabilitv 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 covera~e. 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 Covera~e. 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 under Commercial General Liability and
Commercial Automobile Liability 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.
Consulting Services Agreement between
City of South San Francisco and Harris & Associates
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4.4.5 Deductibles and Self.lnsured 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
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 the quality
Consulting Services Agreement between
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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 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 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
City.
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 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.
6.2 Consultant No A~ent~ 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
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obli9ation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governin~ Law. The laws of the State of California shall govern this Agreement.
Consulting Services Agreement between
City of South San Francisco and Harris & Associates
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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 Re~ulations. 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.
7.4 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.
7.5 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 8.
TERMINATION AND MODIFICATION.
8.1
Termination. City 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 City 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; 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.
Consulting Services Agreement between
City of South San Francisco and Harris & Associates
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8.2 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.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 AssiQnment 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.
8.5 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.
8.6 Options upon Breach bv Consultant. If Consultant materially breaches any of the terms
of this Agreement, City'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
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Consulting Services Agreement between
City of South San Francisco and Harris & Associates
DATE
Page 10 of 14
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 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.
9.2 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.
9.3 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 10 MISCELLANEOUS PROVISIONS.
10.1 Attornevs' Fees. If a 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.
10.2 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.
Consulting Services Agreement between
City of South San Francisco and Harris & Associates
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10.3 Severabilitv. 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.
10.4 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.
10.5 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.
10.6 Use of Recvcled 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.
10.7 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
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.
10.8 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.
10.9 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.
Consulting Services Agreement between
City of South San Francisco and Harris & Associates
DATE
Page 120f14
10.10 Notices. Any written notice to Consultant shall be sent to:
Any written notice to City shall be sent to:
City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
10.11 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
report/design responsibility.
10.12 Intearation. 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.
10.13 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.
Consulting Services Agreement between
City of South San Francisco and Harris & Associates
DATE
Page 13 of 14
The Parties have executed this Agreement as of the Effective Date.
CITY OF SOUTH SAN FRANCISCO
Consultants
Barry M. Nagel, City Manager
NAME:
TITLE:
Attest:
Sylvia Payne, City Clerk
Approved as to Form:
City Attorney
207532_1
Consulting Services Agreement between
City of South San Francisco and Harris & Associates
DATE
Page 14 of 14
EXHIBIT A
SCOPE OF SERVICES
207532_1
DATE
Page 1 of 1
Consulting Services Agreement between
City of South San Francisco and
- Exhibit A
EXHIBIT B
INSURANCE CERTIFICATES
207532_1
Consulting Services Agreement between
City of South San Francisco and
DATE
Page 1 of 1
-Exhibit B