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Home My WebLink About2006-04-12 e-packet AGENDA REDEVELOPMENT AGENCY CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY, APRIL 12,2006 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, ilt 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 HEARING-IMPAIRED AT REDEVELOPMENT AGENCY MEETINGS ~ CALL TO ORDER ROLL CALL AGENDA REVIEW PUBLIC COMMENTS CONSENT CALENDAR 1. Motion to approve the minutes of March 22, 2006 2. Motion to confirm expense claims of April 12, 2006 3. Resolution amending the budget for the new Fire Station 61 Training Tower Building Project in an amount not to exceed $125,000, and reject all bids for the emergency operations c;enter building project ADMINISTRATIVE BUSINESS 4. Resolution confirming issuance of tax allocation bonds at the level approved on February 22, 2006, in an amount not to exceed $80 million ADJOURNMENT REGULAR REDEVELOPMENT AGENCY MEETING AGENDA APRIL 12,2006 PAGE 2 ~ 't \l S:A.# & ~ . ~~\ o n >- c;:; ~ C') v 0 C'4lIFO"'r.~\.~ Redevelopment AgenCYRDA AGENDA ITEM #3 Staff Report DATE: TO: FROM: SUBJECT: April 12, 2006 Redevelopment Agency Board Marty Van Duyn, Assistant Executive Director A RESOLUTION AMENDING THE BUDGET FOR THE NEW FIRE STATION 61 TRAINING TOWER BUILDING PROJECT, PROJECT NO. PB-06-2, AND REJECTION OF ALL BIDS FOR THE FIRE STATION 61 EMERGENCY OPERATIONS CENTER (EOC) BUILDING PROJECT, PROJECT NO. PB-06-1 RECOMMENDA TION It is recommended that the Agency Board adopt a resolution: 1. Rejecting all the bids for the new Fire Station 61 Emergency Operations Center Building Project, Engineering File No. 51-13232-9601, Project Nos. PB-06-1, and 2. Amending the Fire Station 61 Training Tower Building Project Capital Improvement Program budget for 2005-2006 in the amount not to exceed $125,000.00. BACKGROUND/DISCUSSION The Emergency Operations Center/Classroom and Training Tower Building projects were presented to the Agency Board for their consideration in early 2005 as part of the Fire AdministrationlFire Station 61 Complex master site plan. On March 22, 2006, the Agency Board decided to award the construction of the new Fire Station 61 Training Tower project to the lowest responsible bidders, and denied the construction of the new Fire Station 61 Emergency Operations Center (EOC) at this time. By denying the award of the new Fire Station 61 Emergency Operations Center (EOC), the Agency Board must reject all the submitted bids by various contractors on the project. When the motion to separate the costs of the Training Tower from the EOC was read, the motion inadvertently omitted critical portions of the Training Tower costs. These are costs for the electrical power supply and installation, and the main electrical panel box that would have been shared with the EOC, and were in the EOC portion of the project costs shown on March 22, 2006; as well as City Engineering and Inspection costs associated with the construction of the Training Tower. The attached resolution appropriates an additional $125,000 to fund these critical portions of the project. Staff Report Subject: A RESOLUTION AMENDING THE BUDGET FOR THE NEW FIRE STATION 61 TRAINING TOWER BUILDING PROJECT, PROJECT NO. PB-06-2, AND REJECTION OF ALL BIDS FOR THE FIRE STATION 61 EMERGENCY OPERATIONS CENTER (EOC) BUILDING PROJECT, PROJECT NO. PB-06-1 Page 2 of 3 The cost breakdown of the new Fire Station 61 Training Tower project is as follows: . Training Tower Building Proiect as approved at the March 22, 2006 Agency Board meeting: Total Construction Cost (Bid Items 2440 - 2443) Construction Management Fee Construction Contingency Total Project Cost $1,368,728.00 $ 61,200.00 $ 50,360.00 $1,480,288.00 . Other costs associated with the proiect. and listed in the attached budget amendment resolution: PG&E New Service Transformer Supply & Installation (cost estimated only until final design is completed by PG&E based on building requirements) New Electrical Panel for the new Training Tower City Engineering Costs (Staff Time & Special Inspection) Associated Cost Total $ 50,000.00 $ 35,000.00 $ 40,000.00 $ 125,000.00 . Total Amended Project Cost $1,605,288.00 FUNDING: Funding for the project is shown below: 1 Training Tower Construction Cost, Construction Management Cost and Construction Contingency - 2 Additional Costs for City Engineering Cost, PG&E Service Cost, and Main Electrical Panel Cost $1,480,288.00 Total Project Budget $ 125.000.00 $1,605,288.00 1 _ These funds were approved per resolution by the City Council at the March 22, 2006 Agency Board meeting, and will come from the proceeds of the sale of the Redevelopment Agency bonds. 2 _ These are the funds needed to complete the project. The PG&E and Electrical Panel Boxes were listed as part of the EOC project and are necessary to supply the main electrical power to the Training Tower. City staff time cost is needed for staff to coordinate the project, and special inspections are mandated by the Uniform Building Code to be performed by a structural steel construction specialist. The funds will come from the Redevelopment Agency funds. Staff Report Subject: A RESOLUTION AMENDING THE BUDGET FOR THE NEW FIRE STATION 61 TRAINING TOWER BUILDING PROJECT, PROJECT NO. PB-06-2, AND REJECTION OF ALL BIDS FOR THE FIRE STATION 61 EMERGENCY OPERATIONS CENTER (EOC) BUILDING PROJECT, PROJECT NO. PB-06-1 Page 3 of 3 CONCLUSION: With the approval of these recommendations, staff will be able to properly coordinate the construction of the new Training Tower, initiate the requirements for special inspections mandated by the Uniform Building Code for this type of structure, and supply the necessary electrical power provisions for the structure. BY~ . Marty Van Duyn Assistant Executive Director --..... Approved: ~r ~ C M. Nagel Executive Director Attachment: Resolution RESOLUTION NO. REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AMENDING THE BUDGET FOR THE NEW FIRE STATION 61 TRAINING TOWER BUILDING PROJECT, AND REJECTION OF ALL BIDS FOR THE FIRE STATION 61 EMERGENCY OPERATIONS CENTER (EOC) BUILDING PROJECT WHEREAS, staff recommends that the Redevelopment Agency approve the rejection of all bids for the new Fire Station 61 Emergency Operations Center Building Project; and WHEREAS, staff recommends the authorization to amend the Capital Improvement Program budget for 2005-2006 in an amount not to exceed $ 125,000.00 for the Fire Station 61 Training Tower Building Project; and NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of South San Francisco that the Agency hereby authorizes an amendment to the Capital Improvement Program budget for 2005-2006 in an amount not to exceed $125,000. * * * * * I hereby certify that the foregoing Resolution was adopted by the South San Francisco Redevelopment Agency at a regular meeting held on the _ day of , 2006 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk - ~'t1l s~ & ~ . ~~\ (0 n t ~) v c ~lIFOF.~\.~ - Redevelopment Agency Staff Report RDA AGENDA ITEM #4 DATE: April12,2006 TO: Redevelopment Agency Board FROM: Jim Steele, Financial Officer SUBJECT: APPROVAL OF RESOLUTION CONFIRMING AMOUNT OF AUTHORIZED REDEVELOPMENT BOND SALE RECOMMENDATION: It is recommended that the Redevelopment Agency (RDA) Board approve the attached resolution that confirms the amount of the issuance of RDA (tax allocation) bonds at the level previously approved by the Board on February 22, 2006. That amount is not to exceed $80,000,000. BACKGROUND/DISCDSSION: On February 22., 2006, the Board authorized an Agency bond sale in an amount not to exceed $80 million. The bond sizing was to pay for $54.78 million in new projects, with additional dollars to refund the existing 1997 and 1999 Redevelopment bonds, and to pay costs of issuance. The staff report from the February 22nd, meeting is attached. Among the new projects was an estimated $2.6 million for a new Fire Training Tower and Emergency Operations Center (EOC). On March 22, 2006, the Board approved moving forward with only the Training Tower at this time. Therefore, approximately $1.0 million less would be needed to complete the projects originally projected in the February 22nd staff report. However, the savings from the EOC could be used to payoff a portion of the loan that the City took out from the San Mateo County Transportation Authority (the Authority) to pay for the City's share of the Oyster Point Flyover and Hookramps. As of June 30, 2005, the City owed the Authority $7.2 million, and is accruing interest due to the Authority at an average of about 6%. The new bonds are expected to sell for an average of approximately 4.7%. Therefore, staff recommends that the money saved from not completing the EOC at this time be used to payoff a portion of the Authority loan. FUNDING: Debt service on the extra $1.0 million that would have funded the EOC is about $62,000 per year, or $1.8 million over 30 years. There are adequate property tax increment revenues in the Redevelopment Agency to pay for the extra debt service. Staff Report To: Redevelopment Agency Board Re: Resolution Confirming Not to Exceed Bond Sale Amount Date: April 12, 2006 Page: 2 of 2 CONCLUSION: While staff recommends that the Board confirm the full $80 million amount of the bond sale, the final amount of the bond sale is the Board's decision to make. As an alternative, the Board could reduce the bond sale by the $1.0 million saved by not funding the EOC at this time. If the Board wishes to take this action, it could authorize a bond sale of not to exceed $79 million. (If the actual bond costs are less than $80 million because final costs of issuance or debt service reserve fund costs are less, then staff would reduce the portion of the bond sale to fund new projects from the $54,780,000 listed in the February 22nd staff report by $1.0 million, to $53,780,000. See page 4 of the attached staff report from February 22nd for this breakdown). The bond sale has been delayed by one week. In order to keep moving forward and execute the bond sale, staff recommends the Board determine the total not to exceed amount at this meeting. Prepared by: ( Jim S ele Finan ial Officer Approved b Attachments: Resolution February 22nd staff report JSIBN:ed RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO CONFIRMING THE NOT TO EXCEED AMOUNT OF THE UPCOMING TAX ALLOCATION BOND SALE WHEREAS, on February 22, 2006 the Redevelopment Agency of the City of South San Francisco made findings and declared that it was necessary, essential and a public purpose for the Agency to issue tax allocation bonds of the Agency (the "Bonds", as herein defined) to refund prior bonds and to finance various redevelopment activities in the Merged Project Area in the City of South San Francisco (the "City"), and WHEREAS, on February 22, 2006 the Agency Board therefore authorized a bond sale of not to exceed $80 million, and WHEREAS, the amount of the bond sale needs to be confirmed now that the Board has approved funding for a Fire Training Tower but not for an Emergency Operations Center. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of South San Francisco as follows: 1. Approval of Issuance of Bonds. The Board confirms that the bonds of the Agency, designated as "Redevelopment Agency of the City of South San Francisco Merged Redevelopment Project Tax Allocation Revenue Bonds, Series 2006A (the "Series A Bonds") are hereby authorized to be issued, so long as the aggregate principal amount of the Series A Bonds does not exceed $80,000,000 (Eighty million dollars). 2. Effective Date. This resolution shall take effect immediately upon its adoption. I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a noticed meeting of the Redevelopment Agency of the City of South San Francisco held on the 12th day of April 2006, by the following vote: AYES: NOES: ABSENT: (SEAL) ATTEST: Secretary ~'t\l s~ &1 ~ . ~~\ !(O n >- - ~ ~ v c C'4lIFO"'r.~\.~ Redevelopment Agency Staff Report DATE: February 22, 2006 TO: Redevelopment Agency Board FROM: Jim Steele, Financial Officer SUBJECT: APPROVAL OF LEGAL DOCUMENTS FOR REDEVELOPMENT BOND SALE RECOMMENDATION: It is recommended that the Redevelopment Agency (RDA) Board approve the attached resolution that authorizes the issuance of RDA (tax allocation) bonds. The resolution also authorizes the execution of various bond documents attached to this report. Those documents are described in more detail below. BACKGROUND/DISCDSSION: As the Board will recall, Redevelopment Law in California requires Redevelopment Agencies to enter into debt to foster economic development in order to relieve blight. The Agency Board held ajoint study session with the City Council on November 16,2005, in which the Board and Council gave conceptual approval for a list of capital projects that are consistent with the Agency's Redevelopment Plan, and directed staff to proceed with a bond sale. At the November meeting, $54.8 in new projects were identified for funding. Those projects are listed below: Projects ($ in OOO's): EI Camino Corridor Land Purchase Less Low/Moderate Income Housing Fund contribution towards land purchase: Orange Park Site Expansion--Land Purchase Traffic hnprovements/infrastructure Land Purchase, Caltrans Maint. Yard New Library Design Work Lindenville (W et Weather, Phase V) Fire training tower, classroom bldg Oak Ave. Extension and Infrastructureffraffic Total New Projects to Be Financed: $ 22,000 $ (2,620) $ 16,000 $ 2,300 $ 1,500 $ 500 $ 10,000 $ 2,600 $ 2,500 $ 54,780 Staff Report To: Redevelopment Agency Board Re: Resolution Authorizing the Issuance of Tax Allocation Bonds Date: February 22,2006 Page: 2 of 4 The Preliminary Official Statement (POS) attached to this report includes a listing of the same projects. The POS further states: "It is possible that one or more of the above Projects may not occur. The Agency may, consistent with the Redevelopment Law and its covenants set forth in the Indenture, substitute other projects for those which are described above." Therefore, the final list of proiects to be financed with the proceeds of the Bonds is not being determined by the Agencv's action tonight. In addition, none of the items on the list above have budgets appropriated. Staff will need to return each item to the Council/Board for approval of budget amendments to appropriate dollars, any necessary CEQA review, and adoption of any findings required by redevelopment law. Defeasing/Refunding of Existing Redevelopment Bonds In addition to the new projects, staff had reported to Council that due to restrictive bond covenants, the 1999 Gateway tax allocation bonds would need to be defeased in order to free up tax increment to be used for new projects. Since that time, additional analysis has indicated it is also cost effective to refinance the 1997 Downtown tax allocation bonds. Using rates from the week of February 6th and adding.1 % to them to be conservative, the Agency will save $816,000 in cash over the life of the 1997 bonds from the refunding, which represents a present value savings of $417,000, or 4.1 % of the outstanding bonds. A summary of the bond terms is as follows: . The bonds will not be a liability ofthe City's General Fund, and will only be an obligation ofthe Redevelopment Agency, payable solely from tax increment generated in the fiscally merged redevelopment project area. The bonds will be repaid from 80% (non-housing) tax increment funds. . Tax-exempt bonds. . Term: 30 years. . Estimated average interest rates: 4.65%. . The portion of the bond issue that is being applied to refund the 1997 bonds and defease the 1999 bonds will not extend beyond the final maturity date of the original 1997 and 1999 bonds. The housing portion of the prior bonds will remain outstanding. . Level debt service. Staff Report To: Redevelopment Agency Board Re: Resolution Authorizing the Issuance of Tax Allocation Bonds Date: February 22, 2006 Page: 3 of 4 The total size of the bond issue, including new projects, refunding and defeasing the 1997 and 1999 bonds, plus the costs of issuance (underwriters' fees, financial advisor and legal fees, etc.) is estimated at $74.8 million. The attached resolution authorizes a sale of bonds not to exceed $80 million at an interest rate not to exceed 5.5% (based on current market conditions, it is expected that the actual interest rates on the bonds will be in the 4.4-4.6% range). At the time ofthe bond sale, staff will only sell sufficient bonds to fund the amount of new projects listed on page 1, plus the amount needed to refund the 1997 bonds and defease the 1999 Gateway bonds. Depending on where interest rates are at the time of the bond sale, the final bond sale could be between $70 - $80 million. Legal Documents to be Approved: The Agency is being asked to approve a resolution tonight, which authorizes the following items/actions: . Authorizes the Executive Director and/or the Chair to execute the final bond documents; . Approves an Indenture of Trust, and two Escrow Deposit Agreements (one each for the 1997 Bonds and 1999 Gateway Bonds), which are legal documents specifying the instructions, duties, obligations, and rights ofthe Trustee (the Bank of New York), which will hold bond funds in trust on behalf of the Agency; . Approves a Bond Purchase Agreement between the Agency, the Capital Improvement Financing Authority (CIFA), and the underwriter (Citigroup). Technically, the Redevelopment Agency is selling the bonds to the Authority, which is in turn selling the bonds to the underwriter. In order to sell tax allocation bonds to an underwriter on a negotiated basis in California, ajoint exercise of powers authority, such as the CIF A, needs to be involved in the transaction; . Approves the Preliminary Official Statement (POS), which contains a description of the Redevelopment Agency, the projects to be financed, the financial status ofthe Agency, as well as estimates of the amount of tax increment to be generated in the fiscally merged project area, as set forth in the fiscal consultant's report, which is attached to the POS as an exhibit. The credit rating agencies and bond purchasers will scrutinize both of these documents. Next steps: Rating agency presentations are being planned for mid March, with the bond sale estimated to occur in late April. FISCAL IMPACT: The RDA bond sale will result in an estimated annual debt service on the bonds of approximately $4.6 million. This will generate approximately $74.9 million in bond principal to fund approximately $54.8 million in new projects, defease the 1999 Gateway bonds, and refund the 1997 Downtown bonds. Staff Report To: Redevelopment Agency Board Re: Resolution Authorizing the Issuance of Tax Allocation Bonds Date: February 22, 2006 Page: 4 of 4 Projected tax increment will easily allow the Agency to meet its annual debt service requirements, as well as its operating budget program support. A summary of the bond transaction, and the total par amount of the bonds is below: ($ in OOO's) Costs of Issuance $ 54,780 $ 24,524 $ 10,149 $ 4,564 $ 1,899 New Projects Defease 1999 Gateway bonds Refund 1997 Downtown bonds Debt Service Reserve Fund Total Uses $ 95,936 Less: Cash on Hand (1999 Gateway Bond Sinking Fund, 1997 and 1999 Bond Reserve Funds): $ (21,081) INet New Borrowing (Est. Par Amount): $ 74,835 I Prepared by: Jim Steele Financial Officer Approved by: Barry M. Nagel Executive Director Attachments: Resolution Bond Purchase Agreement Indenture of Trust Escrow Agreement for 1997 Bonds Escrow Agreement for 1999 Bonds Preliminary Official Statement Fiscal Consultant's Report JS/BN:ed AGENDA CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY, APRIL 12,2006 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 indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents the City Council from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address (optional) for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation. The City Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Council action. JOSEPH A. FERNEKES Mayor RICHARD A. GARBARINO, SR Vice Mayor MARK N. ADDIEGO Councilman PEDRO GONZALEZ Councilman KARYLMATSUMOTO 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 IMP AIRED AT CITY COUNCIL MEETINGS CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS . Proclamation: TV-Turnoff Week - April 24-30, 2006, accepted by Stephen H. Wahl, Kaiser Permanente . Prevention of Childhood Obesity Task Force - Library Director Valerie Sommer and Dr. Anand Chabra, San Mateo County Health Department . Tree City USA - award presented by Mr. Rich Samson, California Department of Forestry to Beautification Committee Chair Saundra Nichols . Butterflies and Bulldozers: Documentary on San Bruno Mountain - David L. Brown Productions AGENDA REVIEW PUBLIC COMMENTS ITEMS FROM COUNCIL . Announcements . Committee Reports . Discussion: Cultural Arts Commission ordinance CONSENT CALENDAR 1. Motion to approve the minutes of January 7, and March 15, and 22, 2006 2. Motion to confirm expense claims of April 12, 2006 3. Motion to adopt an ordinance approving a modification of Fairway Plaza Specific Plan No.2 to allow for greater allowable building sizes 4. Motion to adopt an ordinance amending SSFMC Code Chapter 20.65 restricting the locations of and requiring security for the cultivation of medical marijuana 5. Resolution authorizing an amendment to the Freeway Maintenance Agreement with the State of California, Department of Transportation, for the maintenance of specific areas of the Oyster Point Hook Ramps 6. Resolution authorizing funding for the Orange Memorial Park bocce ball courts enclosure in an amount not to exceed $18,000, and amending the FY 2005-06 CIP budget 7. Resolution awarding bid to Cagwin & Dorward for common greens tree removal in the amount of $74,860 REGULAR CITY COUNCIL MEETING AGENDA APRIL 12,2006 PAGE 2 8. Resolution authorizing funding for the Orange Memorial Park tree removal/pruning project and awarding bid to S&C Tree Service in the amount of $52, I 00 and amending the FY 2005-06 CIP budget 9. Motion to accept Lindenville Storm Water Pump Station Project as complete in accordance with plans and specifications PUBLIC HEARING 10. Resolution authorizing: a) Submittal of One Year Action Plan, Statement of Objectives and Projected Use of Funds for FY 2006-07 and all required documents to the Department of Housing & Urban Development b) Authorizing a budget transfer to incorporate the CDBG and HOME funds into the FY 2006-07 operating budget c) Authorizing execution of all documents necessary to secure and award CDBG, HOME Administrative and Redevelopment funds for the City ADMINISTRATIVE BUSINESS 11. Resolution authorizing agreement with CSG Consultant, Inc. to provide program management services for the Wet Weather Program in an amount not to exceed $195,000 CLOSED SESSION 12. Closed session items: a) Pursuant to Government Code section 54957.6, conference with Labor Negotiator Elaine Yamani, for all units; and b) pursuant to Government Code section 54956.95, Conference with Legal Counsel, liability claims - claimant: Reardon COUNCIL COMMUNITY FORUM ADJOURNMENT REGULAR CITY COUNCIL MEETING AGENDA APRIL 12,2006 PAGE 3 AGENDA ITEM #3 art DATE: April 12, 2006 TO: The Honorable Mayor and City Council FROM: Steven T. Mattas, City Attorney SUBJECT: Adopt an Ordinance Approving a Modification of Fairway Plaza Specific Plan #2 to Allow for a Greater Allowable Building Sizes RECOMMENDATION: Adoption of an Ordinance Approving a Modification of Fairway Plaza Specific Plan #2 to Allow for a Greater Allowable Building Sizes BACKGROUND/DISCUSSION: Council has previously waived reading and introduced the following ordinance. The Ordinance is now ready for adoption. AN ORDINANCE APPROVING A MODIFICATION OF FAIRWAY PLAZA SPECIFIC PLAN #2 TO ALLOW FOR A GREATER ALLOWABLE BUILDING SIZES /06 Vote 5-0) By: , Iu~~ .attas, City Attorney Barry M. Nagel, City Manager 816381-1 ORDINANCE NO. AN ORDINANCE APPROVING A MODIFICATION OF FAIRWAY PLAZA SPECIFIC PLAN #2 TO ALLOW FOR A GREATER ALLOWABLE 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 of 2000 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 California 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 project 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: Page 2 IV. Land Use Development Patterns: A. Commercial/Office Land Use Area 812056-1 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 off 290.29 feet along the southerly property line and 216.02 along the northerly property line. The rear lot line shall run parallel to EI 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 structures. These structures 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. PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. * * * * * * Introduced and adopted at a regular 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 follow~ng vote: AYES: NOES: ABSTAIN: 812056-1 ABSENT: As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this day of , 2006. Mayor 812056-1 - ~'t\\ S1.f ~ ~ . ~~\ o n >- .... ~ ~ v C> C' '\.~ 4.lIFO"'r."f' - AGENDA ITEM #4 Staff Reoort --- DATE: April 12, 2006 TO: The Honorable Mayor and City Council FROM: Steven T. Mattas, City Attorney SUBJECT: Adopt an Ordinance Amending the South San Francisco Municipal Code to Add Chapter 20.65 Restricting the Locations and Requiring Security for the Cultivation of Medical Marijuana RECOMMENDATION: Adoption of an Ordinance Amending the South San Francisco Municipal Code to Add Chapter 20.65 Restricting the Locations and Requiring Security for the Cultivation of Medical Marijuana BACKGROUND/DISCUSSION: Council has previously waived reading and introduced the following ordinance. The Ordinance is now ready for adoption. ADOPT AN ORDINANCE AMENDING THE SOUTH SAN FRANCISCO MUNICIP AL CODE TO ADD CHAPTER 20.65 RESTRICTING THE LOCATIONS AND REQUIRING SECURITY FOR THE CULTIVATION OF MEDICAL MARIJUANA (Introduced on 3/22/06 Vote 5-0) .~ [J , ---==----------...... BY:~~ Steven T. Mattas, City Attorney Barry M. Nagel, City Manager 816385-1 AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO AMENDING THE SOUTH SAN FRANCISCO MUNCIP AL CODE TO ADD CHAPTER 20.65 RESTRICTING THE LOCATIONS OF AND REQUIRING SECURITY FOR THE CUL TIV ATION OF MEDICAL MARIJUANA WHEREAS, the voters of the State of California approved the medical use of marijuana by approving Proposition 215 and Senate Bill 420 (Health & Safety Code gl1362.5 through 11362.77); and WHEREAS, the intent of Proposition 215 and Senate Bill 420 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 construed 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. 1 3. The cultivation and distribution of marijuana in residential districts tends to promote 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 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 construed as defined 2 in this section, unless it is apparent from the context that they have a different meaning: 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 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 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 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 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. 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 S 11362.7, 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-I, 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) 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 ofthese 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. 4 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. 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 ofthe 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 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 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 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 5 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 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 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 permitted 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. SECTION 3. If any section, subsection, sentence, clause or phrase or word of this ordinance is 6 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 of the 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 any one 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 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 Effective Date. Pursuant to the provisions of Government Code Section 36933, a summary of this 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 of this Ordinance along with the names of those 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 of the City of South San Francisco at a regular meeting of the City Council held the _ day of April 2006, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk 7 As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this __ day of , 2006. Mayor 8 - ~ 't \l s:A.# B ~ . ~\t.\ (0 ("l >- - ~ ~ v 0 C' \.~ :4lIFO"'r.~ AGENDA ITEM #5 Staff Report DATE: April 12, 2006 TO: The Honorable Mayor and City Council FROM: Terry White, Director of Public Works SUBJECT: FREEWAY MAINTENANCE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE IMPROVMENTS TO THE OYSTER POINT HOOK RAMPS (STATE ROUTE 101) RECOMMENDATION: It is recommended that City Council adopt a resolution, clarifying Cooperative Agreement # 4-1918-C, originally entered into with the State of California on December 12, 2001, for the maintenance of specific areas of the Oyster Point Hook Ramps at State Route 101 and authorizing the City Manager to execute the agreement. BACKGROUNDIDISCUSSION: City Council approved by resolution 125-2001, a Freeway Agreement with the State of California for cooperation in the construction of the Oyster Point interchange at State Route 101, superceding a previous agreement, and accepting control and maintenance of specific areas. The proposed clarification changes the City's maintenance obligations and better defines what both the City and State will each be responsible to maintain. During construction, the City asked the State, and it agreed, to install landscape improvements at the hook ramp portion of the interchange. The State agreed with the provision that the City accept the maintenance responsibility of the landscape improvements in the future and they are described in Sections 1, 2, and 3 ofthe attached agreement. It also reestablishes control and maintenance of the street as reconstructed for the City within the City right of way under Section 6. FUNDING: Funding for the landscape maintenance as outlined in the agreement has been absorbed by the current 05-06 Street and Median program budget and will be included in 06-07 Budgets. Staff has determined this will be sufficient funding to cover the City's share of the maintenance costs estimated to be $8,400 per year. Staff Report Subject: Freeway Maintenance Agreement with the State of California Department of Transportation for the improvements to the Oyster Point Hook Ramps (State Route 10 I) Page 2 CONCLUSION: To improve the overall appearance of the hook ramps at the Oyster Point interchange, landscaping was felt to be a preferred alternative to the planned concrete shoulders the State had planned. The new wall and fence also needed to be defined as to which agency would maintain. This agreement will clarify for both agencies who will perform what work. By:---.J'--- Terry White ( ~. ~ ,.......... (11 _ ,-,;1 1." UlreClOr or rU5-tIe worKS pproved bY:~ ~ (p rry M. Nagel City Manager '--- Attachments: Resolution Freeway Maintenance Agreement 2006 Freeway Maintenance Agreement 12/2001 F:\Staff Report Oyster Point Agreement.doc Attachment: Resolution and Agreement 04-SM-tOt, KP 36.4/38.3 (PM 22.6/23.8) In the City of South San Francisco At Oyster Point Boulevard Interchange FREEWAY MAINTENANCE AGREEMENT THIS AGF~EEMENT is made and entered into effective this day of , 2006, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as the "STATE," and the City of South San Francisco, hereinafter referred to as the "CITY". WITNESSETH: WHEREAS, on December 12, 2001, a freeway agreement was executed between the CITY and the STATE wherein the CITY agreed and consented to certain adjustments of the City street system required for the improvement of that portion of State Highway Route 101, a freeway within the limits of the City of South San Francisco, and \NHEREAS; under 5T ATE Cooperative Agreement No. 4-1918-C between ST ATE and CITY, improvements have been constructed to State Highway Route 101 at the Bayshore Boulevard ramps, and WHEREAS, the parties hereto mutually desire to clarify the STATE responsibility upon completion of improvements under said Cooperative Agreement as to CITY streets or portions thereof and landscaped areas, within or outside the freeway limits, and WHEREAS, Under Section 6 of the above freeway agreement, the CITY has resumed control and maintenance over each of the relocated or reconstructed CITY streets except on those portions thereof adopted as a part of the freeway proper. MAINTENANCE DEFINED: Maintenance is defined In Section 27 of the Streets and Highways Code, In part, as follows: Sec. 27. (a) The preservation and keeping of rights-of-way, and each type of roadway, structure, safety convenience or device, planting, il/umination equipment, and other facility, in the safe and usable condition to which it has been improved or constructed, but does not include reconstruction or other improvement. (b) Operation of special safety conveniences and devices, and illuminating equipment. 04-SM-1 01, KP 36.4/38.3 (PM 22.6/23.8) (c) The special or emergency maintenance or repair necessitated by accidents or by storms or other weather conditions, slides, settlements, or other unusual or unexpected damage to a roadway, structure, or facility. NOW THEREFORE, IT IS AGREED: 1 . Exhibit "A" consists of plan drawings that delineate the areas within the STATE right of way which are the responsibility of the CITY to maintain in accordance with this Agreement. When a planned future improvement has been constructed andlor a minor revision has been effected within the limits of the freeway herein described, which affects the division of maintenance, the STATE will provide a newly dated and revised Exhibit" A", which, when executed by both parties, shall be made a part hereof by this reference to supersede the original exhibit as part of this agreement 2. RETAINf'Jlf'JG \^J/\LLS, CONCRETE BARRIERS, AND CHAIN LINK FENCE STATE will maintain the structure proper, including chain link fence thereon. CITY, at CITY's expense, will provide for cleaning and painting to keep the CITY's side of the structure and chain like fence free of debris and graffiti. As shown in Exhibit A, Location 2, a portion of Retaining Vv'all No.2 (from Station B 13 + 65.467 to the northern end) lies entirely outside of STATE Right of Way. CITY is responsible for this portion of the structure in accordance with Article 14 of Section I of STATE Cooperative Agreement No. 4-1918-C. 3. LANDSCAPED AREAS AND ROADSIDE DEVELOPMENTS Any plantings or other types of roadside development lying outside of the area reserved for freeway use shall be maintained by CITY, at C1ITY expense. CITY shall also maintain, at CITY expense, landscaping within the area reserved for freeway use as shown on Exhibit U A". CITY shall not enter or leave said landscaped areas within freeway limits via the freeway side unless an encroachment permit is obtained from 5T ATE. 2 04-SM-1 0 t 1 KP 36.4/38.3 (PM 22.6/23.8) 4. INTERCHANGE OPERATION It is the responsibility of the STATE to provide efficient operation of the ramp connections to local streets and roads. The maintenance and energy costs of safety lighting, traffic signals or other necessary electrically operated traffic control devices at ramp connections to CITY streets shall be shared between the STATE and the CITY. Timing of traffic signals shall be the responsibility of the STATE. 5. LEGAL RELATIONS AND RESPONSIBLlTIES: Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of STATE highways different from the standard of care imposed by law. it is understood and agreed that neither the STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the CITY under or in connection with any work authority or jurisdiction delegated to the CITY under this agreement. It is understood and agreed that, pursuant to Government Code section 895.4 CITY, shall defend, indemnify and save harmless the 5T A TE, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by the CITY under or in connection with any work, authority or jurisdiction dele!~ated to the CITY under this agreement. It is understood and agreed that neither the CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the 5T A TE under or in connection with any work, authority or jurisdiction delegated to the ST ATE under this agreement. It is understood and agreed that, pursuant to Government Code section 895.4, 5T A TE shall defend, indemnify and save harmless the CITY, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to the 5T A TE under this agreement. 3 04-SM-101, KP 36.4/38.3 (PM 22.6/23.8) 6. EFFECTIVE DATE This Agreement shall be effective upon the date of its execution by the STATE, it being understood and agreed, however, that the execution of this Freeway Maintenance Agreement shall not affect any pre-existin~J obligations of the CITY to maintain designated areas pursuant to prior written notice from the STATE that work in such areas, which the CITY has agreed to maintain pursuant to the terms of the Freeway Agreement, has been completed. IN WITNESS WH EREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION JEFF MORALES Director of Transportation Mayor By Attest: Approved as to form: BART DESAI Date Deputy District Director Maintenance City Clerk City Attorney 4 STATE Of CALIfORNIA DEPARTMENT Of TRANSPOR . _...==-~,~.,~'.'~"'._._' ON f, ,AGREEMENT Vv'ITH THE OF SOUTH SAN FRANCiSCO MAINTENANCE CITY FREEW A Y STA t.~2+28 I(P 383 p,~ 23.8 AGREEMENT LIMITS OF SiA 6.1~16 KP 36.4 PM 22.6 LOCA TION ~'O. 3 -STGNAT_-p;nD liGHtiNG FRANCISCO LOCATION ~Jo. 2__. LANDSCAPED AREAS SAN SOUTH '-oeA TION No.1 .-----..------ RET AINING W.I\LL rJo. 2 , \ cw,-_ ~ .~_.r ~ I ! 11 ;1 ii ~t~,::::-_?~2.l. :<P-364/38~_ EXHIBIT A (Sheet i of 3 LOCA TION MAP FR~,NCIS~____ TH SA. so CI TY OF THE WITH AGEEEMENT TENANCE WAY MA FEEE FL Y-OVER \. R..!'t:1f' _ - rc...:=_-:- ---.-- 1'._. .---- ..-" ~ i;--- '_.' ":,,.,~~ 'J,' I BA YSHORE BLVD - -- ~ -. _ '_S-;)-_i-,;;;~~~;l~: F-'-- __ -- I ___n I -I i -w- SECTION B-S PORTION 01= RET A1N1NG WALL l~c. 2 OU~'SiDE"OFST~TE RjGHT'OF'Wj.'~'~-fo-EjE-UAiNrA!NED BY cIYY- .' .' - ~.,---="--' ~ ~. ,- ' --- -7'.-----r-~--=:-~~:--:~:'S--=------- -- ~:...; -, '*i;:~ "'~~--_., ---- - - - . ~ _ :;>~7" ....~ _ =-.~_ '\ _ , "~,___--' ._ __.' '_=' ..... ~ -- ~~-~ :rC.:;,,~~~_~~_ =CC~-~=,= :"C -~:; -~ :;c,~:< ::::'.- -~=-::~-__:.-:c:;-:c;:< - _,~!l l~~~_.~...-_,,-,___~~~-= ;\.,~.....;.:.i;;___~~-........_.~_-......"'~____""'----___......_ -'-. /: .." ---............ -::-- .! ::.::...-":",~,-,,.-------- . -.. . - - '~'_=~::~~=E-'E~"c--i - ". =~~=;;. ""' Ri':: ~~-~ EXHIBIT A (Sheet 2 of 3 LOCA TION MAP RETAINING WALL No 2 SB._.RO\.:-T[ ~'01 -- FREEWAY IJAINTn.IANCE AGF:EEMENT WITH THE CITY OF SOUTH SA,\! FRMKISCO 364/38.3_ <p !)4-9A-',O '-...,:U.Q.C_b_lI.Qt'Lf':,I9 -. .- - - - ,- - - - - - - - ..\...Qc.AJ!O.t'LNQ...2--------- SIGNAL AND SAFETY LIGHTING. MAINTAINED BY STATE --::::::-_::-_=-0-- - =~~~~_. ..---. ---'.""",,"~.- ~ :.:8L"i[ '>.... S6 EXHIBIT A (Sheet 3 ot 3) LOCATION 2 [. 3 LANDSCAPED AREAS AND SIGNAL [. SAFETY LIGHTING CITY OF SOUTH SAN ~RAi',JCISCO__, THE WITH A(~,EEMENT TE ,j A~I CE MA FREEW/I' rr::::-F",'u'ii{ ,1-..JDSCAPiI\IG \,lJIT-~. AI!\IT I\II'.IEO 8Y (II 01 1<,'" 364/38.)__ I I I 1_ CI, - SI.,\, 04-SM-IOI-KP 35.1/37.9 (PM 21.8/23.5) In the CITY of SOLlth San Francisco from the South San Francisco Belt Railroad to 0.3 km south of Sierra Point P:.ukway FREEWAY AGREEMENT THIS AGREEMENT, made and entered into on this ]?-f-0 day ot .0...-.( -~-z.j;J.c:r 2.0~, by and between the ST ATE OF CALIFORNIA acting by and through the Department of Transportation (herein referred to as "STATE"), and the City of South San Francisco(herein referred to as "CITY"), WITNESSETH: WHEREAS, the highway described above has been declared a freeway by Resolution of the California Transportation Commission on July 25,1941 and January 17, 1946; and 'vVHEREAS, STATE and CITY have entered into a Freeway Agreement dated November 18,1992, relating to that portion of State Highway Route 101 from the South San Francisco Belt Railroad to 0.3 kilometer south of Sierra Point Parkway; and WHEREAS, arevisedplan map for such freewayhas been prepared showing the proposed plan of the ST ATE as it affects streets of the CITY; and WHEREAS, it is the mutual desire of the parties hereto to enter into a new Freeway Agreement in accordance with the revised pian or said freeway: NOW, THEREFORE, IT IS AGREED: 1. This Agreement supersedes in its entirety said Freeway Agreement dated November 18,1992. 2. CITY agrees and consents to the closing of CITY streets, relocation of CITY streets, construction of frontage roads and other local streets, and other construction affecting CITY streets, all as shown on the plan map attached hereto marked Exhibit A and made a part hereof by this reference. 3. ST ATE shall, in construction of the freeway and at ST ATE'S expense, make such changes affecting CITY streets in accordance with the plan map attached hereto marked Exhibit A. 4. ST ATE agrees to acquire all necessary right of way as may be required for construction, reconstruction or alteration of CITY streets, frontage roads, and other local streets, and CITY hereby authorizes ST ATE to acquire in its behalf all such necessary right of way. 5. It is understood between the parties that the right of way may be acquired in sections or units, and that both as to the acquisition of right of way and the construction of the freeway projects, the obligations of ST ATE hereunder shall be carried out at such time and for such UIllt or units of the projects as funds are budgeted and made lawfully available for such expendi;ures 6. CITY will accept control and maintenance over each of the relocated or reconstructed CITY streets, and the frontage roads, and other STATE constructed local streets on receipt of written notice to CITY from STATE that the work thereon has been completed, except for any portion which is adopted by ST ATE as a part of the freeway proper. CITY will accept title to the portions of such roads lying outside the freeway limits upon relinquishment by ST ATE. 7. This Agreement may be modified at any time by the mutual consent of the parties hereto, as may become necessary for the best accomplishment, through STATE and CITY cooperation, of the whole freeway project for the benefit of the people of the ST ATE and of the CITY. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized' officers. JEFF MORALES Director of Transportation By (J0~ KARLA SUTLIFF Chief Design Engineer THE CITY OF SOUTH SAN FR CISCO /~, IN /~J STATE OF CALIFORNIA Department of Transportation APPROVED AS TO FORI\1: '; r""\;L1,~ Lrr'l~;.((~~L,Ji~~ -At~orney (State) APPROVED AS TO FORM: .----:::>> 2 RESOLUTION NO. I25-2001 ~ CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION A UTHOR12JNG A FREEW A Y AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE STATE OF CALIFORNIA - CALTRANS WHEREAS, the Oyster Point Gr3de Separation Project requires the Callrans Agreement to be in plaCl~ before construction of approved st3ges are st3r1ed; and WHEREAS, the agreement sets forth lhe terms by which Callrans and tIle City will cooperate in the construction of the project; 3nd WHEREAS, st3ff recommends the City enter into 3n agreement with the State of California - Caltrans. NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes a Freeway Agreement between the City of South San Francisco and tbe State of California - Caltrans. BE IT FURTliER ltESOL VED th3t the City Manager is hereby 3uthorized to execute the .,j agreement on behalf of the City of South San Francisco. * * * * * I hereby certify that the foregoing Resolution W3S regul3rly introduced 3nd adopted by the City Council of lhe City of South San Fmncisco 31 a regular meeting held on the lib day of December, 2001 by the following vole: AYES: Councilmembers Joseph A. Fernekes, Ravmond L. Green and KaryJ Matsumoto Mayor Pro Tern Pedro Gonzalez and Mayor Eugene R. Mullin NOES: None. ABSTAIN: ~None. ABSENT: None. ATTEST: /s/ Sylvia M. Payne Ci ty Clerk A ., ------- '\ STAT\'. OF CALIFOllNIA } SS COUNTY OF SAN MATEO . th S.n , . C'l CIerI<. of the clly of Sou . I, Sylvia M. fajne, ,y Slale of c.lifomu.. .n e.-offioo I frallcisco. COllnlY or Sa I ", Mal;Ojo hereby certify lhnllhe aoo''''' and C'"rk oflhe CIty Cooncl l leleo, . - ( rorc~Oll\g is a full. true Bnd correct t.:opy 0 ____ ~--- .- ~~~ -~~f" tl thall have carefully ~I .' ^\ of whicb is on flh~ Jl\ my 0 ICe, aO \. \P.ungmo .... I cOlUllnrelllhc 5iHne ",nth the on~1I111 . I I I t V naud anlit \e sea IN WlTNESSWf)f,REOF 1 ho\'e here'3t~e ;; o'f~20~ of lbe CilY of Soulh S.n FrnnClSco lhlS~ y SYLVIA M. PA'INE: 'j flh Cilj' of . r.. re' Clerk of the Cily Counel 0 e City Clerk llUtl L~.tJ I\C10 SO~lhS' Fr3Ilcl'''oBh=t=--:::~ .~- B DepulY Cily Clerk - RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING A FREEWAY MAINTENANCE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE IMPROVEMENTS TO THE OYSTER POINT HOOK RAMPS (STATE ROUTE 101) WHEREAS, staff recommends that the City Council approve the Freeway Maintenance Agreement with the State of California Department of Transportation for the improvements to the Oyster Point Hook Ramps; and WHEREAS, the project funding has been absorbed by the current 2005-2006 Street and Median budget and will be included in the 2006-2007 budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approve the Freeway Maintenance l\greement with the State of California Department of Transportation. BE IT, FURTHER RESOLVED that the City Manager is hereby authorized to approve the agreement on behalf of the City of South San Francisco. * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the day of , 2006 by the following vote: AYES: NOES: ABST AIN: ABSENT: ATTEST: City Clerk 816399-1 - ~ 't \\ s:A.# 9 ~ . ~\j.\ (:0 n >- ..... ~ it; v 0 C'4lIFO"'r.~\.~ AGENDA ITEM #6 Staff Report DATE: April 12, 2006 TO: The Honorable Mayor and City Council FROM: Terry White, Director of Public Works SUBJECT: APPROVE FUNDING OF AN AMOUNT NOT TO EXCEED $18,000 TO CONTRIBUTE TO THE CONSTRUCTION OF AN ENCLOSURE OF THE EXISTING BOCCI BALL STRUCTURE AT ORANGE MEMORIAL PARK RECOMMENDATION: It is recommended that the City Council, adopt a resolution, authorizing funding not to exceed $18,000.00 for the Bocce Ball Court building enclosure at Orange Park and amending the 2005/2006 CIP Budget. BACKGROUND/DISCUSSION: This project will enclose portions of the existing metal cover building over two of the Bocce Ball courts located in Orange Memorial Park. The Italian American Citizens Club (lACe) has developed plans and researched materials to perform this work. A site inspection performed with a building official and City Staff occurred on March 17, 2006 to determine feasibility and code compliance. The project will improve the usability of the courts by cutting down wind, keeping rain out, and allowing for wanner night time playing conditions. The IACC will secure the materials and the labor to complete the work. The City will fund 50% of the cost of the enclosure up to a maximum amount of$18,000. The IACC will fund the remaining 50% or more ifthe amount exceeds $36,000 total. This issue was presented and discussed at the March 23, 2006 Park and Recreation Commission meeting. The Commission approved the concept and purpose of this project and also the cost sharing plan. FUNDING: Staff recommends funding for this project from Zone 4 Park Fees in an amount not to exceed $18,000. CONCLUSION Accepting the proposal ofthe IACC to make enhancements to Orange Park and providing them with Page 2 Staff Report Subject: Funding for the Orange Park Bocce Ball Structure Enclosure 50% of the needed funds up to $18,000 will improve the use of the existing Bocce Ball courts and the quality of life for residents within the City. BY~~cJi;k Terry White Director of Pub lC Works Approved: Attachment: Resolution IACC Letter TW/c:bocce court improvements February 11, 2006 Honorable Mayor Joseph Fernekes City of South San Francisco P.O. Box 711 South San Francisco, Ca. 94083 Dear Mayor Fernekes; The Italian American Citizens Club of South San Francisco was established in 1916 by a small group of Italian immigrants wishing to become American citizens. Today the club has a multi-ethnic membership of over 350. The club offers various activities of which the game of Bocce Ball is the major attraction. The City of South San Francisco along with the Italian American Citizens Club have worked together to construct six of the [illest Bocce Ball courts in all of Northern California. Weare the ieader and the envy or an communities that want to offer their citizens a facility to play this fast growing sport. The Italian American Citizens Club makes every effort to teach the game of Bocce Ball, develop leagues and to promote the sport to all citizens of South San Francisco and neighboring communities. Our Bocce committee is currently evaluating various proposals regarding making the covered courts warmer and more comfortable to play. We believe that participation in night Bocce would greatly be enhanced if this could be accomplished. It would aiso benefit the many Senior Citizens that visit every afternoon. After spending over $16,000.00 in 2005 to improve the playing surface of the courts we defrnitely need the City helping to achieve our current goals. In the past we have shared the cost, and we hope that once again you will be able to help. We have received bids using a variety of different materials. Currently the estimated cost is roughly $36,000.00. Thank you for your consideration. Sincerely, /7 /' ~A, u/.. \ ?/f~'-p.-:' I f:/tJ/>./v:..-r <..JzY iL--(,/f Mario Conti, President Italian American Citizens Club 73 2 Haven Ave. South San Francisco, Ca. 94080 650-589-7179 RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING FUNDING TO CONTRIBUTE TO THE CONSTRUCTION OF AN ENCLOSURE OF THE EXISTING BOCCI BALL STRUCTURE AT ORANGE MEMORIAL PARK IN AN AMOUNT NOT TO EXCEED $18,000 WHEREAS, staff recommends that the City Council approve funding for the construction of an enclosure at the existing Bocci Ball Courts at Orange Memorial Park for the City contribution in an amount not to exceed $18,000; and WHEREAS, the project funding is from South San Francisco's Zone 4 Park Fees in the amount of $18,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approve funding for City contribution of the enclosure of the Bocci Ball Court at Orange Memorial Park in an amount not to exceed $18,000. BE IT, FURTHER RESOLVED that the City Manager is hereby authorized to execute the contract on behalf of the City of South San Francisco. * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the day of ,2006 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk I; ~ . ~~\ (~ ~ ~ ~ v 0 . "411E2Y-~\~ Staff Report AGENDA ITEM #7 DATE: April 12, 2006 TO: The Honorable Mayor and City Council FROM: Terry White, Director of Public Works SUBJECT: COMMON GREENS TREE REMOVAL PROJECT PROJECT NO. 51-13232-0322 RECOMMENDATION: It is recommended that the City Council, adopt a resolution, to award the bid for the Common Greens Tree Removal Project to Cagwin & Dorward of Novato, California, in the amount of $74,860.00. BACKGROUND/DISCUSSION: This project was advertised to remove seventy-four (74) existing trees in the Common Greens area that have structural defects, are damaging public or private property, and are already dead or dying from pine pitch canker disease. A Request for Proposals (RFP) was prepared for this project and was advertised. The city received six responses to the RFP. The following proposals were received: CONTRACTOR BID AMOUNT Cagwin & Dorward Novato, CA $ 78,840.00 Valley Crest San Jose, CA $ 95,900.00 S & C Tree Care Burlingame, CA $114,000.00 Ranis Construction & Electric San Francisco, CA $128,000.00 West Coast Arborists, Inc Anaheim, CA $147,600.00 Staff Report Subject: Common Greens Tree Removal Project Page 2 Professional Tree Care Company Berkeley, CA $169,566.00 Tree Removal Estimate $ 75,000.00 Staff has reviewed the qualifications and references of the lowest bidder and found them to be satisfactory. Staff'has reduced the number of trees by three (3) to meet the budgeted amount. Staff recommends that the contract be awarded to Cagwin & Dorward in the amount of$74,860.00. Removal of trees is expected to start by May 15, 2006 and be completed by the end of June 2006. Park Department personnel will be monitoring the tree removal activities of the contractor. All work will be done in compliance with the Tree Preservation Ordinance 13.30 which includes replacement trees where required. A request for replanting trees will be included in the upcoming 2006-07 Common Greens budget. FUNDING: This project is included in the City of South San Francisco's 2005-2006 Capital Improvt~ment Program (CIP/51-13232-0322) in the amount of $75,000.00. CONCLUSION: A ward the contract to Cagwin and Dorward as the lowest responsible bidder to complete the work. B>-J~~ Terry White ( ) Director of Pl:rlJ1ic Works APproVed~r' (0 M. Nagel City Manager Attachments: Resolution R TH/ TW G:\PROJECTS\CG Tree Removal\awardstaffreport.doc RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AWARDING A CONTRACT FOR THE COMMON GREEN TREE REMOVAL PROJECT TO CAGWIN & DORWARD IN AN AMOUNT NOT TO EXCEED $74,860 WHEREAS, staff recommends that the City Council award the contract for the Common Green Tree Removal Project to the lowest responsible bidder, Cagwin & Dorward in an amount not to exceed $74,860; and WHEREAS, the project funding is included in the City of South San Francisco's 2005-2006 Capital Improvement Program in the amount of$75,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby award a contract for the Common Green Tree Removal Project to Cagwin & Dorvvard in an amount not to exceed $74,860. 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 certifj 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: ATTEST: City Clerk ~ 't \l S:A.# ~ ~ . ~\.t,.\ o n >- C;:;j ~ C') v 0 C4IIFO"~ Staff Report AGENDA ITEM #8 DATE: April 12, 2006 TO: The Honorable Mayor and City Council FROM: Terry White, Director of Public Works SUBJECT: AWARD CONTRACT FOR THE ORANGE PARK TREE RE\10V ALl PRUNING/PLANTING PROJECT, AND AUTHORIZE A BUDGET TRANSFER WITHIN THE 2005/2006 CIP BUDGET. RECOMMENDATION: It is recommended that the City Council, adopt a resolution, authorizing the City Manager to execute an contract for the Orange Park Tree Removal/Pruning/Planting Project, awarding the removal and pruning contract to S&C Tree Service in the amount of $ 52,100.00, and transferring $60,000 from the Greenhouse Demolition Project within the 2005/2006 CIP Budget to fund the pro.iect. BACKGROUND/DISCUSSION: This project will remove ten (I 0) existing eucalyptus trees in Orange Park, adjacent to tht:: proposed new recreation building. These trees have structural defects, are leaning, or decayed. Nineteen (19) eucalyptus trees in the same area will also be pruned. Ten (10) replacement tress will also be included in the overall work, however, these trees will be planted by staff with the remaining funds and are not part of the contracted work. A Request for Proposals (RFP) was prepared for this project and was advertised. The City received five (5) proposals from contractors. Proposal amounts received are as follows: CONTRACTOR PROPOSAL AMOUNT S&C Tree Service Burlingame, CA $52, I 00.00 Valley Crest San Jose, CA $62,710.00 Cagwin & Dorward Novato, CA $69,481.00 Page 2 Staff Report Subject: Funding for the Orange Park Tree Removal/Pruning Project The Professional Tree Care Company Berkeley, C A $86,900.00 West Coast Arborists, Inc Anaheim, CA $92,000.00 Staff Estimate $58,000.00 Staff has reviewed the qualifications and references of the lowest bidder and found them to be satisfactory. Statf recommends that the contract be awarded to S&C Tree Service in the amount of $52,100.00. Removal and pruning of the trees is expected to start by May 15, 2006, and be completed by mid June 2006. Park Depmiment personnel will be monitoring the tree removal/pruning activities ofthe contractor. All work will be done in compliance with Tree Preservation Ordinance 13.30 including the planting often (10) replacement trees in appropriate areas within the park at an estimated cost of $5,000. FUNDING: Staff recommends funding from the General Fund Undesignated Reserve savings that is occurring from the Greenhouse Demolition project. Council approved that funding in January ofthis year in the amount of $585,000 and although not finalized to date, testing has told us, that more than $100,000 from that project will be saved and can be made available to fund this tree work in the amount of $60,000. A budget transfer will accomplish this. CONCLUSION Accepting the proposal of S & C Tree Service will allow removal and pruning of problem trees in the area. ~ ~JJd Terry Whittf .. Director of~ublic Works L (r:1 , / Attachment: Resolution NJG/TW/c:omp tree work RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AWARDING A CONTRACT FOR THE ORANGE PARK TREE REMOV AL/PRUNING PLANTING PROJECT TO S & C TREE SERVICE IN AN AMOUNT NOT TO EXCEED $52,100 AND TRANSFER OF $60,000 WITHIN THE 200512006 CIP BUDGET WHEREAS, staff recommends that the City Council award the contract for the Orange Park Tree Removal/Pruning Project to the lowest responsible bidder, S & C Tree Service in an amount not to exceed $52, I 00; and WHEREAS, the project funding is available from savings that is occurring from the Greenhouse Demolition Project in the amount of $60,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby: 1) A wards a contract for the Orange Park Tree Removal/Pruning Project to S & C Tree Service in an amount not to exceed $52,100; and 2) Authorizes a budget transfer from the Greenhouse Demolition Project to the Public Works operating budget of $60,000. BE IT, FURTHER RESOLVED that the City Manager is hereby authorized to execute the contract on behalf of the City of South San Francisco. * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the day of , 2006 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk - ~ 't \l s:A.# R ~ . ~~\ o 0' \>- c;:;\ ~ C') V 0 C4lI!2"#' Staff Report AGENDA ITEM #9 DATE: April 12, 2006 TO: The Honorable Mayor and City Council FROM: Terry White, Director of Public Works SUBJECT: LINDENVILLE STORM WATER PUMP STATION PROJECT PROJECT NO. 71-13235-0455 RECOMMENDATION: It is recommended that the City Council; by motion; accept the Lindenville Storm Water Pump Station Project as complete. BACKGROUND/DISCUSSION: A temporary pump station has been constructed on the City owned lot at 27 South Linden to assist the South Canal storm water pump station with the diversion of heavy winter rain fall and prevent flooding. The Colma Creek reconstruction project is substantially complete and the entire Lindenville area is now solely dependent upon the existing South Canal pump station to remove all rain water from the streets within the watershed. The existing station was not able to withstand a strong storm event on its own. Additional pumping capacity was considered necessary and an alternative was absolutely critical for this winter until the newly designed station can be constructed. A connection was made between an existing storm drain line on South Linden Ave. to a manhole structure on South Canal, connecting it to the existing 48"storm water piping installed in 2004 under Colma Creek, directing water to the 27 South Linden Avenue lot. A new manhole structure was constructed at the end of the 48" pipe and an eight inch skid mounted pump, owned by the City, was relocated to the lot and is now being used to pump storm water from this manhole into Colma Creek. To date, this has eliminated street flooding during this winter's heavy rainfall events. Northwest Construction performed the construction work as a change order to the Colma Creek improvements for the County of San Mateo. FUNDING: The new pump station installation was completed at a total cost of$71,335.00 which included the construction cost of$64,850.00 plus a 10% administrative fee ($6,485.00) for the County of San Mateo. Funding for this project came from the Redevelopment Agency Fund. Staff Report Subject Lindenville Storm Water Pump Station Project Page 2 CONCLUSION Installation of this connection and manhole has prevt:nted any Lindenville flooding during heavy rains this winter. Staff worked closely with Northwest Construction and the County of San Mateo to complete improvements to Colma Creek and this temporary pump station. ) IJ, /J BY~~ /Cc/~- Terry White i> Director of Public Works APproveQ, "L' . Nage \. City Manager RTH/ TW G :\PR OJECTS\PW Lindenvi llePum pStation .\acceptstaffreport.doc ~~\l S:&f e,~~~~,\ ~ . "5b.\ (~I.;).., ~. u~ \~ ~ C') ~o Staff Re~ort AGENDA ITEM #10 DATE: TO: FROM: SUBJECT: April 12, 2006 Honorable Mayor and City Council Marty VanDuyn, Assistant City Mlmager ONE YEAR ACTION PLAN AND STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR FISCAL YEAR 2006-07. RECOMMENDATION It is recommended that City Council adopt the attached Resolution authorizing submittal of the City's One Year Action Plan and Statement of Objectives and Projected Use of Funds for Fiscal Year 2006-07 and all required documents to the Department of Housing and Urban Development; authorizing a budget transfer to incorporate the CDBG and HOME funds into the 2006-07 operating budget; and authorizing the City Manger to execute all documents necessary to secure and award CDBG, HOME Administrative and Redevelopment funds for the City. BACKGROUND/DISCUSSION This is the final required public hearing regarding funding allocations for the 2006-2007 Community Development Block Grant Program. The purpose is to obtain public comments regarding the proposed One Year Action Plan for 2006-07; including the Statement of Objectives and Projected Use of Funds for the Community Development Block Grant Program. Notice of this public hearing was published in the San Mateo Times on April 1, 2006 as required by federal regulations. In addition, notices were sent to all community organizations that have submitted applications for funding. Availability of the One Year Action Plan for FY 2006-07 was also published in the San Mateo Times on March 11, 2006. The CDBG Entitlement amount for next fiscal year is $617,465. There is an additional amount of approximately $125,000 in program income that is expected to be received and may be added to the entitlement amount for a total CDBG allocation of $742,465. There is a federal spending limit for public service activities of fifteen percent (15%) of the entitlement amount plus fifteen percent of the program income. Therefore, a total of $111,250 may be allocated for public service activities. Program administration also has a spending limit of twenty percent (20%) of the entitlement plus twenty percent (20%) of program income. $123,493 represents twenty percent (20%) of the entitlement. Staff Report Subject: One Year Action Plan for Community Development Block Grant Program Page 2 CDBG SUBCOMMITTEE PRELIMINARY FUNDING RECOMMENDATIONS: The CDBG Subcommittee reviewed applications for funding, individual agency program accomplishments and general parameters and priorities for funding based on an assessment of the most critical community needs. Those critical needs were established by City Council in 1he City's Five Year Consolidated Housing, Economic and Community Development Plan, which covers FY2003-08 and was adopted in 2003. The proposed 2006-07 Annual Plan is the fourth year of the Five Year Plan. The attached spreadsheet labeled Exhibit "A", Community Development Block Grant Funding Recommendations Fiscal Year 2006-07, provides the allocation amounts proposed for each agency or project. Please refer to the numeric column on the right side of the spreadsheet, for the proposed funding levels provided to each CDBG applicant and published in the San Mateo Times on April 1 , 2006. This evening, City Council has the opportunity to revise the funding levels at its discretion or accept the recommendations, in whole or in part. The Subcommittee was required to recommend reduced funding by five thousand four hundred fifty dollars ($5,450) for social service activities from last year's funding level based on the cut in the City's Entitlement amount. However, two agencies that were funded in the current Fiscal Year did not submit a proposal for public service funding and one agency requested a smaller amount. For that reason, all agencies submitting proposals were funded at the same level as 2005-06 and four agencies received a small increase in funding. FUNDING This year, the HOME Investment Partnership Program provided the City with administrative funds in the amount of$17,819. HOME funds are usually allocated to undertake fair housing activities as designated by the City Council. Project Sentinel and La Raza Centro Legal provide fair housing services for City residents. This year the amount of funds available to the City was reduced by $181.00 thus a corresponding cut has been recommended for La Raza Centro Legal. These HOME Administrative funds will be incorporated into the CDBG budget by City Council action this evening, allowing them to be received and expended in fiscal year 2006-07. In order to maximize the use of CDBG funds, the City has traditionally allocated Redevelopment Agency Housing Fund dollars to housing related activities such as emergency shelter programs carried out by community agencies. Requests for Proposals are received via the CDBG process and those funds are made available to specific projects that qualify under redevelopment eligibility requirements. The Redevelopment Agency has funded Family Crossroads and Maple Street Shelters, operated by Shelter Network, the Human Investment Shared Housing Project, the Safe Harbor Homeless Shelter, Sitike Counseling Center and La Raza Centro Legal's Code Enforcement Program. It is recommended that redevelopment funds continue to be allocated for these agencies to continue their housing efforts with homeless and at risk individuals and families. The redevelopment agency funds will also be authorized for expenditure in fiscal year 2006-07 by City Council action this evening. Staff Report Subject: One Year Action Plan for Community Development Block Grant Program Page 3 CONCLUSION The deadline for submitting the One Year Action Plan for Fiscal Year 2006-2007 is May 1, 2006. Submittal of this plan is required in order to receive Community Development Block Grant funding from the Department of Housing and Urban Development. This plan includes the City's Housing and Community Development goals for FY 2006-07 as outlined in the Five Year Consolidated Plan and the City Council's guidance for funding priorities. It is recommended that City Council adopt the attached Resolution authorizing submittal to HUD of the City's One Year Action Plan for Housing, Economic and Community Development for Fiscal Year 2006-2007; authorizing a budget transfer to incorporate the CDBG and HOME funds into the 2006-07 operating budget; and authorizing the City Manager to execute all documents necessary to secure and award CDBG, HOME Administrative and Redevelopment Funds for the City.. By Approved: -- Marty VanDuyn Assistant City Mana Attachment: Resolution Exhibit "A" Exhibit "B" CDBG Funding Recommendations for FY 2006-07 One Year Action Plan RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING SUBMITTAL OF THE CITY'S ONE YEAR ACTION PLAN AND STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 2006- 2007; AUTHORIZING A BUDGET TRANSFER TO INCORPORATE THE CDBG AND HOME FUNDS INTO THE 2006-07 OPERATING BUDGET; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO SECURE AND AWARD CDBG, HOME ADMINISTRATIVE FUNDS AND REDEVELOPMENT AGENCY FUNDS FOR THE CITY WHEREAS, it is recommended that the City Manager be authorized to submit the One Year Action Plan and Statement of Objectives and Projected Use of Funds for the CDBG Program for Fiscal Year 2006-2007 to the Department of Housing and Urban Development; and WHEREAS, it is recommended that the City Council authorize a budget transfer to incorporate the CDBG and HOME funds into the 2006-07 operating budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes submittal of the City's One Year Action Plan and Statement of Objectives and Projected Use of Funds for Fiscal Year 2006-2007 and all required documents to the Department of Housing and Urban Development and authorizes a budget transfer to incorporate the CDBG and HOME funds into the 2006-07 operating budget. BE IT, FURTHER RESOVLVED that the City Manager is hereby authorized to execute all documents necessary to secure and award CDBG, HOME Administrative and Redevelopment funds for the City. * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City 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: ATTEST: City Clerk Request 06-07 COMMUmTYDEVELOPMENTBLOCKGRANTPROGRAM FUNDING RECOMMENDA TlONS FISCAL YEAR 2006-07 i TOiai i i Fi:i'nd COSG Sub ! ! ! Committee , , , : : : Recommends , , I , , , , I , Tota Funding 05-06 Funding 04-05 sU'!<.?!!..~g~~~_~!<.?EJ?.!.l_~LiS:_~_~~!<2~____ 17.000 1 . I I , I , ----~-~~~:~p-~~-~<.?E~_~_~!!~!~!2~J{_~~~~__________________-------~--------!?~~Q9-~------~~!9-qQ-J--------1~L~Q~~----------~~!9-~Q-J-- 2. Second Harvest Food Bank : 4,000 : 4,000 : 4,500 : 4,500 : -------------------------------------------------------------------i----------------i--------------~-----------------~------------------~-- ---~:..~~-~~9.~~~~-~!~~!~~_~!_~~_~_~~~~_~_~_~~_~!Y..__________ : 1,700 : 1,700 : 5,000 : 2,000 : _________________________________________ Su ~ p.; 1. John's Closet ! 3,000 ! 3,000 ! 5,000 : 3,000 ! -------------------------------------------------------------------~----------------~--------------~-----------------r-------------_____~------------_____________________________ 2. Family Alternatives (NPFA) ! 9,000 : 8,000 : 8,000 : 8,000 ! ..------------------------------------------------------------------.-. == == == -- Sub Total 12.000 11.000 13.000 11.000 ------------------------------------------------------------------- · ; i ; I I . J I I -------------------------------------------------------------------~----------------~--------------~-----------______L__________________~_________________________________________ Sub Total Public Service! 120,700: 116,7001 124,000: 111.250: 1 3/30/2006 3/30/2006 f I , . --~~--tU!:_f:l_q~:?j~9_____________________________________--------j--------~?J~Q9_j_____~?1~_qQ_J________~~~q9~_L------___~?l~_qQ_l_________________________________________ I J . I I 2. Shelter Network - Crossroads : 18,000 : 18,000 : 18,000 : 18,000 : i--------------------------------___________________________________~----------______~------------__~-------__________~--------------____~---------------__________________________ ! 3. Shelter Network - Maple Street ! 7,500 ! 7,500 ! 7,500 ! 7,500 ! -------------------------------------------------------------------,----------------,--------------~-----------------r------------------~--------========~~-------________________ 4. Samaritan House - Safe Harbor : 7,000 : 7,000 : 7,000 : 7,000 : ;-------------------------------------------------------------------~----------------~--------------i-----------------~------------------i--------------------------_______________ ---~~--~9-!39-~~-~~~~~_~~}!~!JS2~~~_~~!9!_~~~~~!_~~~!)___-j---------?J~Q9-J-______?19_qQ_l_________~Lq9~_L___________?19_q9_l_________________________________________ 6. Sitike Counseling Center ! 5,000 ! 10,300 ! 15,000 ! 10,300 ! ----------------------------------------------------------------1 ~ ======== ._________________________________________ Total Redevelopment Funds: 65,000 70.300 82.500 70,300 2 -___~~__~9_!3?!:~_~~~_~~_~~}!~!__________________________--------J--------!?J~Q9_J______~~1~~?_J________1~~~9~_L__________~11?_~1_J_________________________________________ 2. Project Sentinel ! 3,525 ! 3,525 ! 6,000 ! 3,525 ! ----------------------------------------------------------------- l _____________________.____________________ -JC~!~~!!~~~-~!-~9-~~~~--------!~J~~?-~------~~19-q9-~--------?~~~9~_~----------1?1~-1~-~---------------------____________________ I I I . I I , . . I --~----------------1--------------~-----------------r-------___________~--------------------------_______________ , I I I I I I J J I 1. CDBG Program Administration : i-------------------------------------------------------------------{ . . . . Sub Total Administration: 145,600: 155,875: 123,493 : 123,493 : -------------------------------------------------------------------~--------________4______________~_________________L__________________~_________________________________________ I I , I I I , I J I I I I I . -------------------------------------------------------------------~----------------~--------------4----____---------~------------------4-------__________________________________ f . . . f I . I J I I I I I (1) p..; , I , I I . f J I I I -------------------------------------------------------------------~----------------~-------------_4________---------~-----------------_4_________________________________________ I I J . I · I I f I J , I I I 509.302 ~~-~~!J.?~_t!~~~~~9_~~~_~~~______________________________----~--------!?J~Q9-~------~?19-q9-J--------1~~q9~-~--________~?19_q9_~- .~-~~~~~9J~_9_~~9~~~~!_~_~~~_~~!~_____________________----~---------~J~Q9-~-------~1?-qg-4--------1~~~9~-~-----------~~?-qg-4-------------------------------------____ --g~-~~y:~p~~~-q~~~_~~~~J~_9~!~9~?_~_~________________----J------~~~J~_~!_J____?_~gl?_q?_l_______~?~~qg~Jl___--___~~~l?~?_l_________________________________________ 4. City-Sponsored Commercial ! 175,000! 'I75,000! 175,000 ! 175,000 ! -----------------------------------------------------------------~----------------~--------------~-----------------~------------------~----------------------------------------- 5. Family Service Agency (Public Facility) ! ! ! 13,200 ! ! -----------------------------------------------------------------,----------------~--------------~-----------------~------------------~----------------------------------------- 6. Child Care Coordinating Council (Quality Campaign) : ! : 11,000 : : -------------------------------------------------------------------~ . Sub Total Housing, Comm. & Pub. Fac. Allocations: 538,367 : 551.700 -----------------------------------------------------------------~ . Total Funding 04-05 Fund Request 05-06 Fund Request 06-07 COSG Sub Committee Recommends 507,722 EXHIBIT B P.5 City of South San Francisco One Year Action Plan 2006-2007 TABLE OF CONTENTS EXECUTIVE SUMMARy..... .... ... ..... .... ................. ...... ................... ........... .... ..... ...... ..... ........ ...... ..... ........ ........ ...... i I INTRODUCTION.... .... .......... ............... ..... ..... ..... ......... .......... ........... ........ ........ .......... ........... ............. .... 1 II FINANCIAL RESOURCES ......... .............. ..................... .................. ........ ...... ......... .... ... .... ........... ............ 1 III HOUSING ACTIVITIES ..... ...................... .... ...................... .......... ........ ... ........... ..... ...... ........ ..... .... .......... 2 A. Increase, maintain and improve the supply of affordable housing for low and moderate income individuals and families ..... '" ... ..... .... ........... .......... ................ ..... ... ...... ......... ........ ..... ..................2 B. Provide service-enriched shelter and transitional housing for homeless individuals and families .....................................................................................................................................................5 C. Provide service-enriched housing opportunities for individuals and families with special needs including, but not limited to, seniors, people with physical and developmental disabilities, domestic violence survivors, people with AIDS/HIV, and people under treatment for substance abuse............................................................................................................................ 6 IV. NON-HoUSING COMMUNITY DEVELOPMENT ACTIVITIES ....................................................................7 A. Provide core public services activities to improve the quality of life for low income individuals and families, including those at risk of becoming homeless and special needs groups.................................................................................................................................... ...... 7 B. Sustain and increase the level of business and economic activity in areas that serve or have a high percentage of low income residents .....................................................................................9 C. Preserve and improve public facilities that serve a high percentage oflow income residents .....10 V. NEEDS OF PUBLiC HOUSING ................................................................................................................. 10 VI. ANTI-POVERTY STRATEGy...... ............... .................... ..... ...... ..... ..... ..... ............... ........... .......... ...... ...... 10 VII. LEAD-BASED PAINT ABATEMENT PROGRAM .......................................................................................11 VIII. FAIR HOUSING ACTION PLAN .............................................................................................................. 12 IX. OTHER ,'\CTIONS ......... ...... ..... .... .... ........... ............ ............ .... .... ...... .... .... ....... ............ .... ......... ............. 13 X. MONITORING STANDARDS AND PROCEDURES ..................................................................................... 15 XI. CITIZEN PARTICIPATION .... ...... ............. ........ .............. .... ................. .......... ...... ....... .... .... ........... ........... 15 XII. CITIZEN COMMENTS . ..... ....... ...... ... ...... .................... .... ...... ......... .................. ..... ........ ............ ............. 16 ApPENDICES APPENDIX A: SUMMARY OF 2005-2006 HOUSING, ECONOMIC & COMMUNITY DEVELOPMENT OBJECTIVES P.7 Habitat for Humanity to develop four three-bedroom ownership units that will be affordable to families below 50% of the AMI on city-owned land. For moderate and low-income renters, the City will require the future availability of below market rate rental units in new rental developments of four units or more through the City's Inclusionary Housing Ordinance. The BMR rental units will be affordable to people at 50% _ 120% of the AMI. For very-low income renters, the City works with private rental property owners and non-profit organizations to identify suitable rental properties that can be acquired and/or rehabilitated to provide housing for very-low income renters. One project currently underway is Willow Gardens, a 12-building acquisition and rehabilitation project consisting of 48 housing units. Nine four-plex buildings have been acquired to date. The City also acquired several buildings in the Downtown area and will maintain the units as affordable to extremely and very-low income tenants. To create new affordable rental units, the City will work with San Mateo County and Bridge Housing to develop approximately 43 units of affordable apartments for families at 30%, 50%, and 60% of the AMI at Grand and Oak Avenues, adjacent to the County Courthouse on County owned vacant land. The City addresses the housing needs of residents with special needs through a variety of programs. For homeless people, the City implements a continuum of care approach to assist families and individuals break the cycle ofhomelessness. By providing support services, transitional housing, and permanent housing, City-funded non-profit agencies are able to help residents fmd permanent housing and avoid episodes of homelessness. The City funds an array of non-profit agencies that provide housing and services to families at-risk of becoming homeless. The City also funds Communities Overcoming Relationship Abuse, which runs an emergency shelter for domestic violence survivors with supportive services. Elderly and disabled residents require special programs and services that will allow them to remain in their homes in a safe and accessible environment. The City funds the Center for Independence of the Disabled, which provides modifications to eliminate architectural barriers in their homes and funds the House Helpers program which assists seniors and disabled persons with minor home repairs. Additionally, the City may undertake accessibility modifications as funding becomes available through program income. Non-Housing Community Development Activities To help create a vibrant community, the City of South San Francisco uses the Community Development Block Grant (CDBG) program to fund a variety of non-housing community development activities. These include public services to low income residents and programs to improve commerc:ial areas, public and community buildings, and low income neighborhood amenities such as parks and community centers. Using CDBG, the City funds non-profit agencies that provide essential community services to low income residents. Funded services include: childcare, senior services, general social services, battered women's services, disabled services, and youth services. 2006-2007 One Year Action Plan: Executive Summary Page ii P.9 City of South San Francisco One Year Housing, Economic & Community Development Action Plan 2006-2007 I. Introduction The 2006-2007 One Year Action Plan describes how the City of South San Francisco will address the City's housing and non-housing community development needs during the 2006- 2007 fiscal year. The City of South San Francisco adopted a Five Year Consolidated Plan for housing and non-housing community development activities for 2003-2008. The Consolidated Plan identified the community's needs in housing, neighborhood improvements, social services and economic development. It also set priorities for addressing those needs and describes how the City will use Community Development Block Grant (CDBG), HOME, and local RDA funds to address those needs. This document, the One Year Action Plan, is consistent with the priorities established in the 2003-2008 Five Year Consolidated Plan. A table summarizing activities planned for the year is attached as Appendix A. The majority of programs described in the One Year Action Plan are available to residents citywide. Occasionally, certain projects specifically target the Downtown/Old Town area (CDBG target area) which as a large concentration of low-income and minority groups. In undertaking these activities and the use of federal funds, the City of South San Francisco will not in any way hinder implementation of its Plan by action or willful inaction. II. Financial Resources Funding to carry out the activities described in the One Year Action Plan comes from several sources including the federally funded CDBG and HOME programs. The City will also use local Redevelopment Agency public funds and other private resources to carry out the Plan's activities. The federal government provides CDBG funds to entitlement cities directly through block grant programs. Cities can utilize these funds to revitalize low income neighborhoods, expand affordable housing" create economic opportunities for low income people, and improve community facilities. During the 2006-2007 fiscal year the City of South San Francisco will receive a CDBG entitlement of $617,465. Additionally, the City expects to receive $125,000 in program income from CDBG rehabilitation loan repayments. Thus, the total amount of funds available to allocate in FY 2006-07 will be $742,465. The federal government provides HOME funds to cities and counties to improve and increase the supply of affordable housing for low-income people. To access HOME funds, the City of South San Francisco is part of the San Mateo County HOME Consortium. The HOME program requires jurisdictions using HOME funds to leverage these funds with local resources. The City will use Redevelopment Agency funds to meet the HOME match requirement on a project-by- project basis. 2006-2007 One Year Action Plan Page 1 of 16 P.II b. 440 Commercial Avenue $500,000 in-kind Land Contribution $250,000 San Mateo County BUD Funding Habitat for Humanity Monetary and In-Kind Contributions In FY 02-03 the City's Redevelopment Agency purchased a vacant lot at 440 Commercial Avenue for the purpose of constructing affordable housing. The City is negotiating an agreement with Peninsula Habitat for Humanity to construct four three-bedroom units affordable to families earning below 50% AMI. The units would tentatively begin construction in FY 2005-2006 and would be sold to four large low-income families. The Agency will contribute the land and Habitat will provide materials and volunteer labor to construct the units. Habitat will also provide Mortgage Financing for the acquisition by low-income families who are required to volunteer 500 hours of labor on their homes as sweat equity. c. Inc1usionarv Housing Development-Below Market Rate (BMR) Units Private Funds The City's 20% Inc1usionary Housing Ordinance requires developers of residential market-rate projects of 4 units or more to provide new affordable units as part of their development. Some of these units will be affordable for residents at or below 80% of AMI and some will be affordable for residents at or below 120% of AMI. Units will be available for either rental or ownership, depending on the type of project under development. Inc1usionary BMR units do not receive local subsidies. However, first-time homebuyers are eligible for low-interest deferred loans from the City to purchase the BMR ownership units. 2. First Time Homebuyer Loan Program $200,000 CDBG $1,000,000 RDA The City of South San Francisco has created a first-time homebuyer loan program. The City's First Time Homebuyer program provides low-interest "silent second loans" in which the City .defers payments for five years. The First Time Homebuyer program gives priority for loans to City employees. Loans range between $25,000 and $100,000 depending on need and income eligibility. First-time homebuyers can use the City loans to purchase homes anywhere in the City or newly constructed BMR units created under the City's inc1usionary housing ordinance. In 2006-2007, the program will offer 1-3 first time homebuyer seminars and individual counseling for prospective buyers and plans to make a minimum of 10-15 first-time homebuyer loans. Each year, as additional CDBG funds become available, the City will add CDBG funds to the first- time homebuyer program to assist borrowers below 80% of the AMI. 3. Acquisition and Rehabilitation The City will work with private rental property owners and non-profit organizations to identify suitable rental properties that can be acquired and/or rehabilitated to provide housing for low and very-low income renters. The types of rental properties targeted will consist of 4 to12-unit structures and/or residential hotels. The primary funding sources for rental properties will be HOME, CDBG, and RDA funds. a. Willow Gardens: $2,000,000 RDA The City has partnered with Mid-Peninsula Housing Coalition and has plans to acquire and rehabilitate approximately 12 four-plex buildings (48 units total) in the Willow Gardens neighborhood. The units will permanently affordable rental units, available to households earning 50-60% of AMI. The buildings will be owned and managed by Mid-Peninsula. To date, 2006-2007 One Year Action Plan Page 3 of 16 P.13 ii. Minor Home Repair (House Helpers} (Sub-program of City Sponsored Housing Rehabilitation Program) The Minor Home Repair Program provides home repairs for very-low income homeowners free of charge. Services include roof and gutter repairs, water heater replacement, and installation of security devices, smoke alarms and carbon monoxide detectors. The program is administered by North Peninsula Neighborhood Services Center whose staff speaks English, Spanish and Tagalog. The majority of households assisted will be large families with small children and elderly female heads-of-household. NPNSC expects to assist 30-40 very-low income households in the Downtown/Old Town area and citywide depending on rehabilitation needs. The City funds the program with $40,000 in CDBG funds set aside from the Housing Rehabilitation Loan Program. Funds are further leveraged by NPNSC's low cost repair services. b. Rebuilding Together Peninsula $8,500 CDBG Rebuilding Together Peninsula plans to rehabilitate 3-4 homes and replace 1 roof for low-income South San Francisco homeowners. Rebuilding Together Peninsula will accomplish all of the rehabilitation work on one day in April and will use completely volunteer crews that include skilled labor. By utilizing volunteer labor, Rebuilding Together Peninsula greatly leverages the CDBG funds they receive. The City will allocate $8,500 of CDBG funds to the program in 2006- 2007 to be used exclusively for building materials. 5. Rental Habitability a. La Raza Centro Legal Code Enforcement Assistance $5,000 RDA La Raza Centro Legal operates a code enforcement assistance program through which they will assist 100 low-income residents primarily in the Downtown and Willow Gardens neighborhoods. This program assists tenants in reporting code enforcement violations in their dwellings thus improving habitability conditions and reducing landlord abuse of tenants in South San Francisco. La Raza Centro Legal's code enforcement assistance program will be funded with $5,000 in RDA funding. B. Priority: Provide service-enriched shelter and transitional housing for homeless individuals and families. The City implements a continuum of care approach to assist families and individuals break the cycle of homelessness. The City funds an array of non-profit agencies that provide services to families at-risk of becoming homeless. By providing support services, transitional housing, and permanent housing, City-funded non-profit agencies are able to help residents avoid episodes of homelessness and find permanent housing. City funds awarded to agencies are leveraged by donations from individuals, foundations and other government sources. 1. Shelter Network - Crossroads $18,000 RDA Provides transitional housing and comprehensive support services to homeless families. On-site services include support groups, job development and other individualized services to help families secure permanent housing. The shelter will serve 35 homeless individuals and the program is available to people citywide. The City will allocate $18,000 of RDA funds to the program in 2006-2007. 2006-2007 One Year Action Plan Page 5 of 16 P.lS program will serve 8 low-income individuals citywide. The City will allocate $4,000 of CDBG funds to the program in 2006-2007. IV. Non-Housing Community Development Activities To help create a healthier and safer community, the City of South San Francisco uses the Community Development Block Grant to fund an array of non-profit agencies that provide essential social services to working families. Funded services range from childcare and youth programs to senior services. The City also uses CDBG funds for building improvements that help revitalize the Downtown, improve facilities that provide services to low-income residents, and to make buildings accessible to people with disabilities. A. Priority: Provide core public services activities to improve the quality of life for low income individuals and families, including those at risk of becoming homeless and special needs groups. 1. Child care a. City-Sponsored Day Care $10,000 CDBG Operates two preschools, four before- and after-school sites, a summer camp and a vacation program. Funds will be used to provide fee assistance to families who cannot afford to pay full fees. The program will serve approximately 10-15 very-low and low-income children citywide. The City will allocate $10,000 ofCDBG funds to the program in 2006-2007. b. Friends to Parents $4,000 CDBG Friends to Parents provides affordable childcare for low income families with children ages two weeks to 5.9 years and is the only program serving infants. The Program will provide childcare for up to 10 children from very-low and low-income households citywide. The City will allocate $4,000 ofCDBG funds to the program in 2006-2007. d. SSFUSD - Children's Center $3,000 CDBG Provides childcare 11 hours a day as well as a summer program. Funds will provide one recreational activity, such as a field trip to the beach or Coyote Point Museum. The Children's Center serves 165 very-low and low-income children citywide. The City will allocate $3,000 of CDBG funds to the program in 2006-2007. 2. Senior Services a. City-Sponsored Adult Day Care $19,000 CDBG Provides a structured, supervised setting in which frail or chronically impaired seniors can participate in social, educational and recreational activities as independently as possible. The program will serve 30 very-low and low-income people citywide. The City will allocate $19,000 ofCDBG funds to the program in 2006-2007. 2006-2007 One Year Action Plan Page 7 oj 16 P.17 low-income South San Francisco women and their families citywide during 2006-2007. The City will allocate $6,250 ofCDBG funds to the program in 2006-2007. 5. Disabled Services a. Parca - Peninsula Association for Retarded Children and Adults $5,000 CDBG Parca provides support, information, referrals, outreach, advocacy, and recreation opportunities to approximately 23 low-income South San Francisco individuals with developmental disabilities and their families citywide. The City will allocate $5,000 of CDBG funds to the program in 2006-2007. 6. Youth Services a. John's Closet $3,000 CDBG Provides schoolchildren ages 3 - 17 with new clothing including jeans, sweats, jackets and tennis shoes. Many parents of the children served are single mothers. Program will serve approximately 240 very low and low-income South San Francisco children citywide. The City will allocate $3,000 ofCDBG funds to the program in 2006-2007. b. North Peninsula Family Alternatives (NPF A) $8,000 CDBG Offers a program to improve parenting skills and increase school performance. Low income, monolingual Spanish-speaking families are the focus of this program. NPFA will serve 56 very- low and low income households citywide. The City will allocate $8,000 of CDBG funds to the program in 2006-2007. B. Priority: Sustain and increase the level of business and economic activity in areas that serve or have a high percentage of low-income residents. The City's economic and community development strategy for Downtown includes structural improvements to address code violations and seismic concerns and to maximize the use of commercial buildings and fayade improvement assistance for businesses. 1. City-Sponsored Commercial Rehabilitation $175,000 CDBG The City-Sponsored Commercial Rehabilitation provides fmancial and technical assistance to property owners undertaking structural, fayade and business sign improvements to their buildings. These improvements help owners increase the use of their commercial buildings, and improve the appearance of the downtown. The program is available in the Historic Downtown district. The program is funded through CDBG and is leveraged by owners' funds and RDA funds. During 2006-2007, the City will assist 4 to 6 business. The program will be funded with $175,000 in CDBG and may leverage up to $150,000 in RDA funding. C. Priority: Preserve and improve public facilities that serve a high percentage of low income residents. The City will make accessibility (ADA) modifications and/or other improvements to public facilities and other community facilities that serve low-income residents and residents with special needs. The City undertakes these projects on an as needed basis or when it identifies facilities with urgent needs. Projects will be funded with up to $75,000 in CDBG from program 2006-2007 One Year Action Plan Page 9 of 16 P.19 literacy program, the City is able to help residents find employment they may not have been able to secure before knowing how to read. Through this multitude of efforts, the City is continually working to help reduce the number of families living in poverty. VII. Lead-Based Paint Abatement Program The City of South San Francisco is aware of lead paint hazards in its community because of the age of the existing housing stock, particularly in the historic downtown district. The San Mateo County Childhood Lead Poisoning Prevention Program has identified the City as a high-risk area. This designation is based on the City being in the upper 50th percentile for proportion of families living in poverty as well as the City's proportion of population under the age of six and proportion of housing stock built before 1950. The U.S. Department of Housing and Urban Development CRUD) promulgated new regulations on September 15, 1999, establishing requirements for notification, evaluation, and reduction of lead-based paint hazards in federally owned residential property and housing receiving federal assistance. The purpose of these regulations is to protect children under the age of six by eliminating or minimizing lead-based paint hazards in housing. The regulation significantly increases the quantity of testing and home maintenance, repair, or rehabilitation work that must be performed in a lead-safe manner. They also require lead hazard controls based on programs, which vary depending on the nature of the activity, amount of assistance, and duration of the relationship with the recipient of federal funding. RUD's new Lead Safe Housing Regulation took effect on September 15,2000. The County of San Mateo and the cities of South San Francisco, San Mateo, Daly City, and Redwood City worked together to submit a Lead Based Paint Transition Plan to HUD and to implement the regulations by August 2001. South San Francisco met this deadline and is in compliance with the regulations. To implement the regulations, the City will continue to work with other cities in San Mateo County and the County of San Mateo to make training classes available to city staff and contractors. Besides sharing information on training classes, the cities and County will maintain a list of certified contractors and maintenance/rehabilitation workers that can perform work for all the jurisdictions. The City will also encourage its regular contractors and their workers to become certified abatement workers/supervisors. Bid packages will include information about lead-based paint hazards and training available to contractors. Outreach efforts will also include letters, media publications and other direct outreach to the City's contractors and other potential contractors. The City of South San Francisco will also continue to attend lead information meetings held in the County of San Mateo and other cities on the Peninsula. During these meetings the cities and County will share information about training courses, certified lead abatement contractors and workers, as well as plan efforts to increase the supply of certified workers throughout the County . 2006-2007 One Year Action Plan Page 11 of16 P.21 in cases of housing discrimination. Additional services include community education and information on mortgage default and delinquency. In 2006-2007 Project Sentinel will provide fair housing services to 12 low-income households citywide. The program will be funded with HOME administrative money received by South San Francisco from San Mateo County. 2. La Raza Centro Legal Fair Housing Counseling $14,294 HOME Administration Funds Provides South San Francisco residents with advocacy and legal representation in housing matters, including habitability issues and eviction prevention. In 2006-2007, La Raza will provide 300 low-income individuals citywide with information and referrals, legal advice, counseling, and legal representation. The program will be funded with HOME administrative money received by South San Francisco from San Mateo County. The City currently provides educational materials (through on-line material on the South San Francisco website and brochures) about fair housing issues to residents and non-profits that work with low income people throughout the City, including materials about the services of Project Sentinel and La Raza Centro Legal. Preservation and construction of affordable housing were cited as a way to make a community less conducive to predatory housing practices and housing discrimination. As detailed in the housing section of this Plan, the City of South San Francisco will continue its housing development and rehabilitation work, directly mitigating conditions that put protected groups more at risk of housing discrimination. Inclusionary zoning ordinances were cited by the study as one of the most powerful tools available to increase the supply of affordable housing. South San Francisco was listed as having the second most effective inclusionary housing ordinance in the County. With other jurisdictions in the County HOME consortium, the City will also explore taking action on the concrete recommendations included in the AI to reduce countywide impediments to fair housing. These actions to explore include: developing an accessibility checklist for planning departments to use and distribute so that provisions of the FHAA are uniformly implemented across San Mateo County and developing a strategy to eliminate predatory lending practices and lending discrimination, especially in its disproportionate impact on Black, Hispanic, and senior residents. IX. Other Actions A. Address Obstacles to Meeting Underserved Needs The primary obstacle to meeting underserved needs is the lack of available funds. Therefore the City will strive to use its limited resources by leveraging its funds and using them in the most efficient manner possible. As described in the section, "Develop an Institutional Structure & Improve and Enhance Coordination of Services," the City will continue to work and coordinate with various organizations to maximize the use of City funds. By drawing on the expertise and resources of various organizations, the City will be better able serve a greater number of city residents. B. Foster and Maintain Affordable Housing 2006-2007 One Year Action Plan Page 13 of 16 P.23 · Work with the County of San Mateo, other entitlement cities, and nonprofit agencies to address the concerns found in the San Mateo County Analysis of Impediments to Fair Housing. · Work with the County of San Mateo and BRIDGE Housing to develop affordable housing on County owned property located at Grand and Oak A venues · Work with Peninsula Habitat for Humanity to develop affordable housing at 440 Commercial Avenue E. Certificates of Consistency The City of South San Francisco intends to issue certificates of consistency as appropriate when requested. X. Monitoring Standards and Procedures The City has established procedures that ensure City programs comply with federal program requirements and City policies. For agencies that receive CDBG, HOME and RDA funding, the City requires the agencies to provide quarterly reports of accomplishments and fmancial records. All new grantees receive site visits from City staff. These monitoring activities keep the City informed about the progress agencies are making towards meeting their objectives. The City also conducts site visits and requires the agencies to submit an annual audit. With respect to applicable construction projects, the City asks developers to submit proof of compliance with Davis-Bacon with each invoice they submit to the City. The City Council also reviews annual reports to ensure that the City is applying its resources to meet community goals. These reports include the CAPER (Consolidated Annual Performance & Evaluation Report) for federal programs, the annual report for the Redevelopment Agency and the annual city audit. XI. Citizen Participation The City of South San Francisco has an established citizen participation plan, which is part of the 2003-2008 Consolidated Plan. In accordance with the Citizen Participation Plan, the City held public hearings and allowed for public comment periods to help determine the community's needs and review the 2006-2007 One Year Action Plan. In addition, the City is part of the San Mateo County HOME Consortium and as such participates in the extensive needs assessment and public hearing process conducted by the County of San Mateo. A. Identifying Needs Request for Proposals for CDBG Funding A request for proposals for CDBG funding was sent to all community agencies on the Housing and Community Development mailing list on January 3, 2006. A public notice of the RFP availability was published in the San Mateo County Times on January 4, 2006. The RFP was also posted on the City's website. 2006-2007 One Year Action Plan Page J 5 of J 6 P.25 Appendix A Summary of 2006-2007 Objectives P.27 individuals and $2,000,000 income Housing 2. improve the supply of affordable housing for low and moderate Continue acquisition and rehabilitation of housing units to convert into affordable rental units for families at 50-60% of the AMI. During 2006-2007 the City anticipates purchasing buildings (4 units) as they become available in the market, depending on cost. Mid-Peninsula will moderately rehabilitate the interiors of any units purchased. maintain and Priority: Increase, families continued.... A. Estimated: $1,500,000 Potential funding sources for a project include HOME, RDA, and CDBG. Housing 2.2 Housing fund established to provide affordable rental housing for low and very-low income residents through the acquisition and/or rehabilitation of dilapidated housing stock. Downtown Affordable Housing Program $309,222 CDBG (Sub-program of City Sponsored Housing Rehab Loan Program) (Sub-program of Ci Sponsored Housing Loan Program) (Sub-program of City Sponsored Housing Rehab Loan Program) ty Rehab Housing 4. Housing 4.2 Housing 4.4 Housing 4.3 Assist low and moderate-income homeowners with housing repairs citywide with priority for the Downtown/Old Town area. 3-5 households will be assisted with low- interest and/or deferred loans up to $35,000 each. Provide homeowners grants of up to $2,500 to clear up code violations in their homes. This program is available citywide and will assist 1-3 low-income residents using approximately $5,000 of the funds allocated to the Rehabilitation Loan Program. Help low and moderate-income residents in the Downtown/Old Town area and citywide remove accumulated debris and yard waste from their properties. This program will assist 5-10 residents with approximately $5,000 from the funds allocated to the Rehabilitation Loan Program. Provide free, minor home repairs to 30-40 very low income homeowners in the Old Town area and citywide. The program will use approximately $40,000 from the funds allocated to the Rehabilitation Loan Program. The majority of households assisted will be large families with small children and elderly, female heads-of-household. Rehabilitate 3-4 homes citywide oflow-income homeowners, including 1 roof repair. Low Income Owner- Occupied Rehabilitation City-Sponsored Housing Rehabilitation Loan Program Emergency Code Violation Vouchers Minor Home Repair (House Helpers) Box Vouchers Debris ~ IV \.0 Rebuilding Together Peninsula $8,500 CDBG RDA $5,000 Housing 4.5 Other Objectives 1.0 La Raza Centro Legal will assist 100 low-income residents citywide in reporting code enforcement violations in their dwellings thus improving habitability conditions and reducing landlord abuse of tenants in South San Francisco. Page 2 of6 Plan Summmy 2006-2007 One Year Action ce Section IV. Non-Housing Community Development Activities improve the quality of life for low needs groups. Priority: Provide core public services activities to those at risk of becoming homeless and special A. including individuals and families, income $10,000 CDBG $4,000 CDBG 1 Public Services 3 Public Services 3 low and very-low income children low and very-low CDBG monies provide fee assistance stipends to for before and after school recreational program. Provide center-based childcare to 10 infants and preschool children from income households. Provide extracurricular activities to 10-15 City-Sponsored Child Care SSFUSD - Children's Center Friends to Parents $3,000 CDBG $19,000 CDBG $2,000 CDBG $4,500 CDBG Public Services 3 Public Services 3.2 Public Services 3.2 low and very-low income children. Provide structured and supervised care in the form of social, educational and recreational activities to 30 low and very-low income frail or disabled seniors. Provides low and very-low income seniors and disabled people a weekly bag offood to supplements their diets. Approximately 260 senior or disabled residents will be served. Monitors adult-care facilities and reports abuse and negligence, advocating for residents of 41 long-term care facilities in the City of South San Francisco. Will address the needs of 30 low-income seniors or disabled residents in long-term care facilities in South San Francisco. 165 Day Food Bank Ombudsman Program of San Mateo County Senior Services City-Sponsored Adult Care Second Harvest ~ v:> f-> $24,000 CDBG Public Services 3.3 The San Mateo County core agency located in South San Francisco provides critical social services to 2,400 low and very-low income residents with immediate needs. General Social Services North Peninsula Neighborhood Services Center (NPNSC) The Tooth Mobile $12,500 CDBG $6,000 CDBG RDA $10,300 Public Services 3.3 Public Services 3.3 Public Services 3.3 Special Needs 4.0 Provides on-site dental services for low-income children, adults, and seniors in South San Francisco. 100% of the beneficiaries are low or very-low income. The Tooth Mobile estimates it will serve approximately 250 individuals with either dental screenings and/or treatment during 2006-2007. Provides individualized tutoring in basic skills as well as tutor training for program volunteers. Approximately 41 low and very-low income people will be served. Provide chemical dependency treatment for 65 low and very- low income residents Page 40f6 2006-2007 One Year Action Plan Summary READ Sitike Counseling Center Project income residents. improve public facilities that serve a high percentage of low C. Preserve and (Funded through program income as needed Provide accessibility (ADA) modifications and/or other improvements to public and other community facilities that serve low-income residents and residents with special needs on an as needed basis. ADA Modification & Public Facility Rehabilitation Lead-Based Paint Abatement Section VII. (Funded through rehabilitation programs) Continue to apply federal lead-based paint regulations in all housing and commercial rehabilitation projects to reduce lead-based paint hazards. Collaborate with the County of San Mateo and other county jmisdictions to coordinate educational efforts. Lead-based paint abatement procedures Fair Housing Section VIII. ~ w w $14,294 HOME Oth Obj 1.0 Other Objectives 1.0 legal Provide fair housing counseling and advocacy casework to 12 low income households respond to approximately 100 telephone inquiries from residents requesting fair housing information. Provide 300 low-income individuals with services including information and referral advice and counseling, and legal representation. Page 60/6 2006-2007 One Year Action Plan Summary Project La Raza Centro Legal - ~'t\l s~ ~s >- .....\ ~ iti} v 0 ~lIf2Y-~~ S taEE Report AGENDA ITEM #11 DATE: TO: FROM: SUBJECT: April 12,2006 Honorable Mayor and City Council Marty Van Duyn, Assistant City Manager CONSULTANT AGREEMENT WITH CSG CONSULTANTS, INC. FOR PROGRAM MANAGEMENT SERVICES FOR THE WET WEATHER PROGRAM RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to approve an agreement with CSG Consultants, Inc. to provide program management services for the Wet Weather Program not to exceed $195,000. BACKGROUND/DISCUSSION The Wet Weather Program was initiated to remediate a Cease and Desist Order (CDO) issued by the Regional Water Quality Control Board on July 16, 1997. In response to this order, the City completed capacity improvements at the Water Quality Control Plant and an infiltration and inflow (I & I) study and master plan 0 f 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 (substantially completed); Phase IT, the sub-trunk sewer mains (to be completed); Phase ill, Colma Creek bank protection adjacent to the plant (completed); and Phase IV, pump stations, forced main and sewer sub-trunks in the East of 101 area (under design). To finance the Wet Weather Program improvements, the City applied for and obtained a State Revolving Fund (SRF) loan in the amount of$45 million. Ofthis loan amount, approximately $25 million has been allocated for the construction of Phase I ofthis program. Phase I, consisting of two pump stations and miles of gravity and forced main sewer lines has been substantially completed and is in operation. Phase IT is currently in design and is planned to start construction in late 2006. Phase ill was completed in 2003. Phase IV has been separated into four different packages currently in final design stage and staff is pursuing developer funding for construction. Phases I through III are required to satisfy the CDO requirements and must be completed by November 1,2007. Phase IV willbe mostly funded by developer sanitary sewer impact fees and is not subject to the CDO deadline for completion. Staff Report Subject: CONSULTANT AGREEMENT WITH CSG CONSULTANTS, INC. FOR PROGRAM MANAGEMENT SERVICES FOR THE WET WEATHER PROGRAM Page 2 of3 In October 2005, staff issued a Request For Proposal (RFP) for program management services for the Wet Weather Program. The Program Manager ensures timely completion of all phases of the Wet Weather program, determines and tracks expenditures, submits SRF quarterly reports, analyzes capacity and redundancy needs and develops financing alternatives. The request was posted on the City's website, Architect/Engineer Consultants Information Network website, as well as provided to three consultants: CSG Consultants, Wilsey Ham Engineers, and Carollo Engineers. The only proposal received was from the firm of CSG Consultants, Inc. Staff reviewed their proposal and found that they have the staff and resources to meet the needs of the City for the Wet Weather Program. On December 14, 2005, the Council awarded a short-term reduced consultant contract to CSG for a three month duration to allow staff sufficient time to advertise more extensively in order to obtain multiple proposals. Consequently, in January 2006, staff issued a new RFP. The RFP was posted on the City's website, Architect/Engineer Consultants Information Network website, was provided to all listed Bay Area Consulting Engineers and Land Surveyors of California (CELSOC) consultants, published twice in the San Mateo Times newspaper, as well as provided to four consultants: CSG Consultants, Wilsey Ham Engineers, Carollo Engineers, and Beton Inc. LLC in accordance with the memorandum to Council dated January 13, 2006. Proposals were subsequently received from the following five firms in response to the City's widely publicized RFP: · Mark Thomas and Company, Redwood City · Anchor Engineering, Oakland · CSG Consultants, Inc., San Mateo · Wallace Group, Martinez · CCCM, Inc., Walnut Creek A City engineering panel interviewed all five respondents and evaluated each firm for their capabilities. The panel utilized an objective scoring system to rank the five consultant firms. The selection criteria included proj ect understanding, qualifications and experience ofthe proposed team in regards to sanitary sewer systems, State Revolving Fund experience and staff billing rates. The panel selected CSG Consultants, Inc. for its understanding ofthe process and issues involved in public agency engineering and project implementation such as project stakeholders, regulatory compliance, claims and litigation avoidance as well as financial constraints. Furthermore, the staff billing rates proposed by CSG for this work is very competitive among all firms who submitted proposals. Staff Report Subject: CONSULTANT AGREEMENT WITH CSG CONSULTANTS, INC. FOR PROGRAM MANAGEMENT SERVICES FOR THE WET WEATHER PROGRAM Page 3 of3 Staff subsequently met with the selected firm to confirm scope and negotiated a fee of$195,000. The complete scope of services is included as Exhibit A in the attached agreement. FUNDING Funding for this agreement will be provided from the State Revolving Fund and Sewer CIP. CONCLUSION Award of the consultant contract to CSG Consultants, Inc. will provide for the Program Management services necessary for the timely completion ofthe Wet Weather Program as required by the Regional Water Quality Control Board. B Marty VanDuyn Assistant City Manager APProVed~ ,G . Nagel City Manager Attachments: Resolution Consultant Agreement RESOLUTION NO._ CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AWARDING A PROGRAM MANAGEMENT SERVICES CONTRACT TO CSG CONSULTANTS, INC. FOR THE WET WEATHER PROGRAM NOT TO EXCEED $ 195,000 WHEREAS, staff recommends the authorization of an agreement between CSG Consultants, Inc. and the City of South San Francisco to provide program management services for the Wet Weather Program not to exceed $ 195,000; and WHEREAS, funding for the agreement will be provided from the State Revolving fund and Sewer Capital Improvement Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes an agreement between CSG Consultants, Inc., and the City of South San Francisco to provide program management services for the Wet Weather Program not to exceed to $ 195,000. BE IT, FURTHER RESOLVED that the City Manager is hereby authorized to execute the contract on behalf of the City of South San Francisco. * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the __ day of , 2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk 816453 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND CSG CONSULTANTS, INCORPORATED Program Management Services for the Wet Weather Program THIS AGREEMENT for consulting services is made by and between the City of South San Francisco ("City") and CSG Consultants, Incorporated ("Consultant") (together sometimes referred to as the "Parties") as of , 2006 (the "Effective Date"). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit A. Scope of Services, attached hereto and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 31,2007, and Consultant shall complete the services described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 9. 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 9. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards of quality normally observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant at the rates set forth in Exhibit B, Consultant's Standard Fees, the not to exceed amount of $195,000 notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal regarding the amount of compensation, the Agreement shall prevail. In case of a conflict in the hourly rates indicated elsewhere, those rates shown in Exhibit B shall prevail. City and Consultant mutually agree that additional resources may be allocated to particular tasks, utilizing the classifications and rates shown on the listing of Standard Fees, provided that the total limit of compensation is not exceeded. Consulting Services Agreement between the City of South San Francisco and CSG Consultants, Inc. Wet Weather Program Management Consultant Agreement March 2006 Page 1 of 17 City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: · Serial identifications of progress bills; Le., Progress Bill NO.1 for the first invoice, etc.; · The beginning and ending dates of the billing period; · A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; · At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; · The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; · The Consultant's signature. 2.2 Monthly Payment. City shall make payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 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 March 2006 Page 2 of 17 Consulting Services Agreement between the City of South San Francisco and CSG Consultants, Inc. Wet Weather Program Management Consultant Agreement incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement, unless the Agreement is modified pursuant to Subsection 9.3. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the payment schedule contained within Exhibit B. If, however, the term of this Agreement extends beyond one year, mutually agreed, updated hourly rates may be incorporated within Exhibit B upon approval of City by a properly executed change order or amendment. 2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and shall not exceed five hundred ($500.00) without previous written consent. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 9, 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 the City of South San Francisco and CSG Consultants, Inc. Wet Weather Program Management Consultant Agreement March 2006 Page 3 of 17 Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit C, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MilLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California labor Code. Determination of whether a self-insurance program meets the standards of the labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile 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. 4.2.2 Minimum scope of coveraQe. 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 Consulting Services Agreement between the City of South San Francisco and CSG Consultants, Inc. Wet Weather Program Management Consultant Agreement March 2006 Page 4 of 17 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 Liability 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 $150,000 per claim. 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: 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 coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. Consulting Services Agreement between the City of South San Francisco and CSG Consultants, Inc. Wet Weather Program Management Consultant Agreement March 2006 Page 5 of 17 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 coveraQe. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. 4.4.3 Notice of reduction in or cancellation of coveraQe. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. 4.4.4 Additional insured: primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim March 2006 Page 6 of 17 Consulting Services Agreement between the City of South San Francisco and CSG Consultants, Inc. Wet Weather Program Management Consultant Agreement administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.7 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: . Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; . Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or · Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by not meeting the normal standard in the Bay Area for the quality or character of their work or other negligent acts or omissions. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to March 2006 Page 7 of 17 Consulting Services Agreement between the City of South San Francisco and CSG Consultants, Inc. Wet Weather Program Management Consultant Agreement 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 DISPUTE RESOLUTION. Unless otherwise mutually agreed to by the Parties, any controversies between Consultant and City regarding the construction or application of this Agreement, and claims arising out of this contract or its breach, shall be submitted to mediation within thirty (30) days of the written request of one Party after the service of that request on the other Party. 6.1. The Parties may agree on one mediator. If they cannot agree on one mediator, the Party demanding mediation shall request that the Superior Court of San Mateo appoint a mediator. The mediation meeting shall not exceed one day or eight (8) hours. The Parties may agree to extend the time allowed for mediation under this Agreement. 6.2. The costs of mediation shall be borne by the Parties equally. 6.3 Mediation under this section is a condition precedent to filing an action in any court. Section 7. STATUS OF CONSULTANT. 7.1 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. 7.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Consulting Services Agreement between the City of South San Francisco and CSG Consultants, Inc. Wet Weather Program Management Consultant Agreement March 2006 Page 8 of 17 Section 8. Section 9. LEGAL REQUIREMENTS. 8.1 GoverninQ Law. The laws of the State of California shall govern this Agreement. 8.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 8.3 Other Governmental ReQulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 8.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 8.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. TERMINATION AND MODIFICATION. 9.1 Termination. City may cancel this Agreement at any time and without cause upon 30 days' written notification to Consultant. Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. 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 Consulting Services Agreement between the City of South San Francisco and CSG Consultants, Inc. Wet Weather Program Management Consultant Agreement March 2006 Page 9 of 17 such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 9.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. Force Maieure. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of any public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, and freight embargoes if Consultant shall, within ten (10) days of the commencement of such condition, notify Contract Officer who shall thereupon ascertain the facts and extent of any necessary delay, and extend the time for performing services for period of enforced delay when and if Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 9.3 Amendments. The parties may amend this Agreement only by a written document signed by all the parties. 9.4 Assi~nment and Subcontractin~. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 9.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 9.6 Options upon Breach 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: 9.6.1 Immediately terminate the Agreement; Consulting Services Agreement between the City of South San Francisco and CSG Consultants, Inc. Wet Weather Program Management Consultant Agreement March 2006 Page 10 of 17 9.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 9.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; and/or 9.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 10. KEEPING AND STATUS OF RECORDS. 10.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties unless required by law. 10.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 10.3 Inspection and Audit of Records. Any records or documents that Section 10.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 11 MISCELLANEOUS PROVISIONS. 11.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which Consulting Services Agreement between the City of South San Francisco and CSG Consultants, Inc. Wet Weather Program Management Consultant Agreement March 2006 Page 11 of 17 that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 11.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Court for the First District of California. 11.3 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. 11.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 11.5 Successors and Assh:ms. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 11.6 Use of 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. 11.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Govemment 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 91090 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 9 1090 and, if applicable, will be disqualified from holding public office in the State of California. Consulting Services Agreement between the City of South San Francisco and CSG Consultants, Inc. Wet Weather Program Management Consultant Agreement March 2006 Page 12 of 17 11.8 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. 11.9 Contract Administration. This Agreement shall be administered by Mr. Ray Razavi (IIContract Administratorll). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 11.10 Notices. Any written notice to Consultant shall be sent to: Mr. Richard Mao, P.E., President CSG, Consultants, Inc. 1700 S. Amphlett Blvd., 3rd Floor San Mateo, CA 94402 Any written notice to City shall be sent to: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Consulting Services Agreement between the City of South San Francisco and CSG Consultants, Inc. Wet Weather Program Management Consultant Agreement March 2006 Page 13 of 17 11.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Not Applicable for this Agreement Seal and Signature of Registered Professional with report/design responsibility. 11.12 InteQration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 11.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. The Parties have executed this Agreement as of the Effective Date. CITY OF SOUTH SAN FRANCISCO CONSULTANT Barry M. Nagel, City Manager Richard Mao, P.E., President Attest: Sylvia Payne, City Clerk Approved as to Form: Steven T. Mattas, City Attorney Consulting Services Agreement between the City of South San Francisco and CSG Consultants, Inc. Wet Weather Program Management Consultant Agreement March 2006 Page 14 of 17 EXHIBIT A City of South San Francisco WET WEATHER PROGRAM Program Management & Additional Services (as authorized) TASK No.1 - PROGRAM MANAGEMENT OF THE WET WEATHER PROGRAM Assist the City staff with the following tasks: · RWQCB/CDO, SWRCB/SRF CEQA compliance / reporting and confirmation of implementation of mitigation measures and quarterly/yearly status reports. · Determine costs-to-date and tracking of future expenditures. · Identify eligible and non-eligible costs and establishing accounting procedures to assure compliance with SRF eligibility requirements · Develope financing alternatives to secure short-term cash flow · Analysis of East of 101 infrastructure capacity and redundancy needs · Systematic management and accountability for identified tasks · Constructability review, maintenance and end-user input, confirmation of the Engineer's Estimate and construction time-period · Construction project close-out, archival of records for claims avoidance, audit compliance and loan assurance TASK No.2 - ADDITIONAL SERVICES (as authorized) . Assist the City staff with projects / programs as assigned, for example: · Implementation of the Lindenville Area stormwater improvements · Review / analysis of impact fees · Completion of Recycled Water feasibility study CSG DELlVERABLES: Quarterly/yearly program-level status report(s) for the City Consulting Services Agreement between the City of South San Francisco and CSG Inc. Wet Weather Program Management Consultant Agreement November 2005 Page 15 of 17 EXHIBIT B CONSULTANT'S STANDARD FEES STANDARD ENGINEERING FEES Vice President Principal Engineer Senior Engineer Senior Project Manager Associate Engineer Assistant Engineer Resident Engineer Senior Construction Inspector Construction Inspector/Office Engineer Senior Planner Technical Writer Design Supervisor Senior CAD Designer CAD Designer/Engineering Technician Administrative Support Land Surveyors - 2-person crew Additional Costs Reproduction: Mileage (if applicable) Other Items: Cost + 15% $0.50/mile Cost + 15% Hourly Rates $175 $145 $130 $125 $115 $98 $125 - $150 $95-$110 $75 - $90 $115 $98 $98 $88 $70 $70 $190 Note: Personnel assigned as "Staff Augmentation," on a full time basis for an extended period, may be charged at a reduced rate as mutually agreed by City and Consultant. EFFECTIVE: 01/06 Rev. 1 Consulting Services Agreement between the City of South San Francisco and CSG Inc. Wet Weather Program Management Consultant Agreement November 2005 Page 16of17 EXHIBIT C INSURANCE CERTIFICATES Consulting Services Agreement between the City of South San Francisco and CSG Inc. Wet Weather Program Management Consultant Agreement November 2005 Page 17 of 17