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2007-07-11 e-packet
°�xSAN� AGENDA H � 0 REDEVELOPMENT AGENCY CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY, JULY 112007 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 meeting of the Redevelopment Agency is held on the second Wednesday of each month at 7:00 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the Board on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Community Room and submit it to the Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents Redevelopment Agency from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation. The Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Board action. RICHARD A. GARBARINO, SR. Chair PEDRO GONZALEZ Vice Chair JOSEPH A. FERNEKES Boardmember RICHARD BATTAGLIA Investment Officer BARRY M. NAGEL Executive Director MARK N. ADDIEGO Boardmember KARYL MATSUMOTO Boardmember FLO DERBY Interim City Clerk STEVEN T. MATTAS Counsel PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT IS AVAILABLE FOR USE BY THE HEARING-IMPAIRED AT REDEVELOPMENT AGENCY MEETINGS CALL TO ORDER ROLL CALL AGENDA REVIEW PUBLIC COMMENTS CONSENT CALENDAR 1. Motion to approve the minutes of June 13, 2007 2. Motion to confirm expense claims of July 11, 2007 ADMINISTRATIVE BUSINESS 3. Resolution approving an amended purchase and sale agreement for the sale of unimproved property from the City and County of San Francisco Public Utilities Commission to the Redevelopment Agency of the City of South San Francisco CLOSED SESSION 4. Closed Session: Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Property: 415-417 Grand Avenue Agency Negotiator: Marty Van Duyn Under Negotiations: Price, Terms and Conditions for acquisition Negotiating Parties: SSF Redevelopment Agency Closed Session: Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Property: APN Nos. APN Nos. 011-326-030; 011-328-020; 093-312-050, 060; 093-331- 040 (portion) Agency Negotiator: Marty Van Duyn Under Negotiations: Price, Terms and Conditions for acquisition Negotiating Parties: SSF Redevelopment Agency and City and County of San Francisco Public Utilities Commission ADJOURNMENT REGULAR REDEVELOPMENT AGENCY MEETING JULY 11, 2007 AGENDA PAGE2 Redevelopment Agency Staffort RDA AGENDA ITEM # 3 Report IFOR DATE: July 11, 2007 TO: Redevelopment Agency Board FROM: Marry Van Duyn, Assistant Executive Director SUBJECT: SAN FRANCISCO PUBLIC UTILITIES COMMISSION RIGHT OF WAY: RESOLUTION AUTHORIZING A PURCHASE AND SALE AGREEMENT FOR PROPERTY TOTALING 13.64 ACRES. RECOMMENDATION: It is recommended that the Redevelopment Agency Board adopt the attached resolution authorizing the Agency Director to execute the Amended Purchase and Sale Agreement. BACKGROUND: In March 2006, the Redevelopment Agency (RDA) approved a Purchase and Sale Agreement between the RDA and the City and County of San Francisco/San Francisco Public Utilities Commission (CCSF) for the purchase of approximately 21.3 acres of property. Since that time, staff has had further discussions with CCSF and as a result, there have been some modifications to the agreement previously approved. The modifications are shown in redline format in the attachment document. The primary changes relate to the amount of property purchased which now includes a total of 13.64 acres and a reservation of subsurface water rights by CCSF. The purchase price has also been reduced to $21,060,000. In addition the closing date for transfer of the property has been reduced from one year to 30 days following approval by the Board of Supervisors. Also, we have included language regarding reservation of an easement for an existing underground pipeline that crosses a corner of the property and addressing an existing condemnation action by PGE involving a PGE transmission project. CCSF is now prepared to take the revised agreement to the PUC and the Board of Supervisors for final consideration. Fiscal Impact The project will be funded through Redevelopment Agency sources, including a portion of the low and moderate housing funds and the proceeds from the Tax Allocation Bonds previously sold. General Plan Consistency Report On February 16, 2005, the Planning Commission accepted a General Plan Consistency Report stating that the proposed sale is consistent with the South San Francisco General Plan and the South San Francisco Municipal Code. Staff Report To: Redevelopment Agency Board RE: San Francisco Public Utilities Commission Right -Of -Way: Purchase and Sale Agreement Date: July 11, 2007 Page 2 of 3 The 13.64 -acre purchase area is located along a 2.1 -mile right-of-way that includes "Commercial", "High Density Residential" and "Open Space" land use designations. The "Commercial" designation provides for a wide range of uses including retail stores, eating and drinking establishments, commercial recreation, entertainment establishments and theaters, financial, business and personal services, hotels, educational and social services and government offices. The "High Density" designation permits residential development up to 30 -units per acre. The "Open Space" designation permits park and recreational uses. Additionally, the following policy in the General Plan supports enhancement of the connections between downtown and residential neighborhoods with the BART/SFO Extension right-of-way and the South San Francisco BART Station: Guiding Policy 3.1-G-4 "Enhance linkages between Downtown and transit centers, and increase street connectivity with the surrounding neighborhoods." Guiding Policy 3.4-G-2 "Encourage development of a mix of uses, with pockets of concentrated activity that provide foci and identity to the different parts of El Camino Real" Implementing Policy 4.3-I--7 "Undertake a program to improve pedestrian connections between the rail stations — South San Francisco and San Bruno BART stations and the Caltrain Station — and the surroundings....." Implementing Policy S.1 -I--6 " Work with Bay Area Rapid Transit (BART), Pacific Gas and Electric (PG&E), and the SFPUC to lease and develop linear parks on existing public utility and transportation right-of-way in the city, where appropriate and feasible." CONCLUSION: Purchase of the 13.63 -acre area would facilitate development of the City Linear Park and bikepath, encourage the creation of a mixed-use planning area north of Chestnut Avenue and facilitate the Oak Avenue extension. The City and the SFPUC have each prepared appraisals to establish the fair market value of the property, to which the seller has agreed. Consequently, staff recommends that the Redevelopment Agency Board adopt the attached resolution to authorize the Redevelopment Agency Director to execute the amended Purchase and Sale agreement. By: "600, Approved: i' l Marty Van Du .Barry M. el sistant Director Agency Director Staff Report To: Redevelopment Agency Board RE: San Francisco Public Utilities Commission Right -Of -Way: Purchase and Sale Agreement Date: July 11, 2007 Page 3 of 3 ATTACHMENTS: Draft Resolution Agreement RESOLUTION NO REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING AN AMENDED PURCHASE AND SALE AGREEMENT FOR THE SALE OF UNIMPROVED PROPERTY FROM THE CITY AND COUNTY OF SAN FRANCISCO PUBLIC UITLITIES COMMISSION TO THE REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO WHEREAS, the City and County of San Francisco owns a certain unimproved located in South San Francisco, east of the BART SFO Extension right-of-way, more particularly described in Exhibit A, which is incorporated by reference and attached hereto; and WHEREAS, the City and County of San Francisco desires to sell the property and the Redevelopment Agency of the City of South San Francisco desires to purchase the unimproved real property; and WHEREAS, the Redevelopment Agency of the City of South San Francisco desires to acquire the property to facilitate development and construction of public benefits within the El Camino Redevelopment Project area; and WHEREAS, the Redevelopment Agency and the City and County of San Francisco have mutually agreed to a purchase price of $21,060,000 for the unimproved real property. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of South San Francisco that it hereby approves the purchase of the property from the City and County of San Francisco and authorizes the Agency Director to execute the Purchase and Sale Agreement, the Grant Deed and the escrow instructions on behalf of the Redevelopment Agency. 984623-1 I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Redevelopment Agency of the City of South San Francisco at a meeting held on the day of , 2006 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: 984623-1 City Clerk AGREEMENT FOR SALE OF REAL ESTATE (South San Francisco, San Mateo County) THIS AGREEMENT FOR SALE OF REAL ESTATE (this "Agreement") dated for reference purposes only as of , 2007 is by and between the CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation ("City" or "Seller"), and -he THE REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, a public corporation ("Buyer"). THIS AGREEMENT IS MADE WITH REFERENCE TO THE FOLLOWING FACTS AND CIRCUMSTANCES: A. City owns the Property located in the City of South San Francisco, County of San Mateo, described in Section 1 below and more particularly described as Parcels 1 — 4 on Exhibit A-1 and depicted on Exhibit A-2 attached hereto and incorporated herein by reference. B. City issued a request for proposals/qualifications dated February 13, 2004 ("RFP") for the sale of the Property and provided notice thereof to local public entities in accordance with California Government Code Sections 54200 et seq. C. Buyer responded to City's notice, and City and Buyer have negotiated a price to purchase the Property pursuant to California Government Code Section 54220, and that price equals the full appraised value of the Property. D. City and Buyer acknowledge that prior to the Closing Date, City plans to acquire from Louise A. Petrocchi, as Trustee for the Petrocchi Family Trust dated December 8, 1989 — Decedents; Charles J. and Lana M. Petrocchi, as Trustees for the Petrocchi Family Trust dated November 5, 2004; and Frederick M. and Antonette R. Bravo, as Trustees for the Bravo5 Trust dated October 5, 1992, collectively doing business as Petrobrav, a fictitious entity, the property located at 1100 El Camino Real, South San Francisco ("Petrocchi Parcel"), more particularly described as Parcel 3 on Exhibit A attached hereto, which if acquired, will then be included in the Property to be sold to Buyer. E. Buyer desires to purchase the Property and City is willing to sell the Property, subject to approval by City's Board of Supervisors and Mayor, on the terms and conditions set forth hereinbelow. ACCORDINGLY, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Buyer hereby agree as follows: 1. SALE AND PURCHASE 1.1 Property Included in Sale Subject to the terms, covenants and conditions set forth herein, City agrees to sell to Buyer, and Buyer agrees to purchase from City, City's interest in the real property located at in 008884.0001\,7 409H9.4140969.5 South San Francisco, State of California, and more particularly described in Exhibit A-1 attached hereto (the "Property"), as shown generally on the map attached hereto as Exhibit A-2. The Property includes the following components: (i) approximately 9.54 acres which the City formerly operated as a driving range, along with adjoining land (the "Driving Range Parcels"); (ii) the approximately 0.4 acres Petrocchi Parcel; and (iii) approximately 3.7 acres which the City formerly used a municipal railroad right-of-way ("Right of Way Parcels"). In the event the City does not acquire the Petrocchi Parcel, this Agreement will remain in full force in effect, provided the Property will only include the Driving Range Parcels and the Right of Way Parcels and the Purchase Price will be adjusted pursuant to Section 2(c). In addition to the reservation of water rights described in Section 3.3 below. Buyer will grant to City an easement fin the form attached as Exhibit B hereto) for the existing underground pipeline crossing the Property. 2. PURCHASE PRICE The purchase price for the Property is Twenty -One Million Sixty Thousand Dollars ($21,060,000), subject to adjustment pursuant to the terms of Section 2(c) and Section 2(d) (the "Purchase Price"). Buyer shall pay the Purchase Price as follows: (a) On or before the later of five (5) days after the date that it is the later of. (i) the Effective Date, or (ii) Buyer's transmittal of the Contingency Period Waiver Notice, Buyer shall deposit in escrow with Alliance Title (the "Title Company"), the sum of Eleven Million Dollars ($11,000,000) as an earnest money deposit (the "Deposit"). Once Buyer places the Deposit with Title Company, Five Million Dollars ($5,000,000) of the Deposit (the "Liquidated Damages Amount") shall be non-refundable and, at the election of City, either immediately transmitted to City or held by Title Company in an interest-bearing account for the benefit of City, and the remaining Six Million Dollars ($6,000,000) of the Deposit (the "Remaining Deposit") shall be held by the Title Company in an interest-bearing account for the benefit of the City. At the Closing (as defined below) the Deposit (but not interest accrued thereon) shall be credited against the Purchase Price. (b) Buyer shall pay the balance of the Purchase Price (subject to adjustment pursuant to the terms of Section 2(c) and Section 2(d)) to City at the consummation of the purchase and sale contemplated hereunder (the "Closing"). All sums payable hereunder including, without limitation, the Deposit, shall be paid in immediately available funds of lawful money of the United States of America (c) In the event the City does not acquire the Petrocchi Parcel, this Agreement will remain in full force in effect, provided the Property will only include the Driving Range Parcels and the Right of Way Parcels, and provided further that the Purchase Price shall be reduced by Five Hundred Twenty Thousand Dollars ($520,000) for a remaining total Purchase Price of $20,540,000. 008884.0001V740969.4740269 2 3. TITLE 3.1 Conditions of Title At the Closing, City shall quitclaim interest in and to the Property to Buyer by quitclaim deed in the form of Exhibit C attached hereto (the "Deed"). Title to the Property shall be subject to (a) liens of local real estate taxes and assessments, (b) all existing exceptions and encumbrances, whether or not disclosed by a current preliminary title report or the public records or any other documents reviewed by Buyer pursuant to Section 5.1 hereof, and any other exceptions to title which would be disclosed by an accurate and thorough investigation, survey, or inspection of the Property, (c) all items of which Buyer has actual or constructive notice or knowledge, and all of the foregoing exceptions to title shall be referred to collectively as the "Conditions of Title." Without limiting the foregoing, Buyer acknowledges receipt of a preliminary report issued by the Title Company under Order Nos. 11354358-095,11354378-095, and 11385502-095, dated November 21, 2005 (updated _, 2007), covering the Property and approves all of the exceptions contained therein. 3.2 Buyer's Responsibility for Title Insurance Buyer understands and agrees that the right, title and interest in the Property shall not exceed that vested in City, and City is under no obligation to furnish any policy of title insurance in connection with this transaction. Buyer recognizes that any fences or other physical monument of the Property's boundary lines may not correspond to the legal description of the Property. City shall not be responsible for any discrepancies in the parcel area or location of the property lines or any other matters which an accurate survey or inspection might reveal. It is Buyer's sole responsibility to obtain a survey from an independent surveyor and a policy of title insurance from a title company, if desired. As set forth in the Deed, the City reserves all subsurface water rights under and appurtenant to the Property. City does not reserve any surface easements or other surface rights on the Property that allow access to such subsurface water rights. In the event City requires entry onto or through the surface of the Property to access such subsurface water rights, City agrees to provide notice of and repair any damage caused to the Property y such entry. 4. "AS IS" PURCHASE; RELEASE OF CITY 4.1 Buyer's Independent Investigation Buyer represents and warrants to City that Buyer has performed a diligent and thorough inspection and investigation of each and every aspect of the Property, either independently or through agents of Buyer's choosing, including, without limitation, the following matters (collectively, the "Property Conditions"): (a) All matters relating to title including, without limitation, the existence, quality, nature and adequacy of City's interest in the Property and the existence of physically open and legally sufficient access to the Property. 008884.00014-74A9 . 140969.5 (b) The zoning and other legal status of the Property, including, without limitation, the compliance of the Property or its operation with the Subdivision Map Act and any other applicable codes, laws, regulations, statutes, ordinances and private or public covenants, conditions and restrictions, and all governmental and other legal requirements such as taxes, assessments, use permit requirements and building and fire codes. (c) The quality, nature, adequacy and physical condition of the Property, including, but not limited to, the structural elements, foundation, roof, interior, landscaping, parking facilities, and the electrical, mechanical, HVAC, plumbing, sewage and utility systems, facilities and appliance, and all other physical and functional aspects of the Property. (d) The quality, nature, adequacy, and physical, geological and environmental condition of the Property (including soils and any groundwater), and the presence or absence of any Hazardous Materials in, on, under or about the Property or any other real property in the vicinity of the Property. As used in this Agreement, "Hazardous Material" shall mean any material that, because of its quantity, concentration or physical or chemical characteristics, is now or hereafter deemed by any federal, state or local governmental authority to pose a present or potential hazard to human health or safety or to the environment. (e) The suitability of the Property for Buyer's intended uses. (f) The economics and development potential, if any, of the Property. (g) Buyer acknowledges that City has disclosed that neither the Right of Way Parcels, nor the Petrocchi Parcel are separate legal parcels and that City has represented that it is exempt from the Subdivision Map Act. (h) Notwithstanding anything to the contrary contained herein, Buyer acknowledges that City has disclosed the matters relating to the Property in Exhibit F attached hereto, including that the Property is subject to that certain Complaint in Eminent Domain, Case No. CIV 449522 filed September 12, 2005 in the Superior Court of the State of California for the County of San Mateo ("PG&E Complaint"), in which Pacific Gas and Electric Company ("PG&E") seeks to acquire a permanent easement to place and use certain facilities, together with related appliances and fixtures, upon a portion of the Property, along with the right of general ingress and egress and the right to use certain temporary work areas, all as more particularly described in the PG&E Complaint ("PG&E Condemnation Action"). City and Buyer acknowledge that PG&E recently performed work on or near the Property, and such matter will be a matter of due diligence inquiry hereunder by Buyer. Nothing contained in Exhibit F shall limit any of the provisions of this Article or relieve Buyer of its obligations to conduct a diligent inquiry hereunder. 4.2 Hazardous Substance Disclosure California law requires sellers to disclose to buyers the presence or potential presence of certain Hazardous Materials. Accordingly, Buyer is hereby advised that occupation of the Property may lead to exposure to Hazardous Materials such as, but not limited to, gasoline, diesel and other vehicle fluids, vehicle exhaust, office maintenance fluids, tobacco smoke, methane and building materials containing chemicals, such as formaldehyde. Buyer 008884.0001\zae96942442.5 4 acknowledges that City has disclosed the matters relating to the Property referred to in Exhibit F attached hereto. Nothing contained in such exhibit shall limit any of the provisions of this Article or relieve Buyer of its obligations to conduct a diligent inquiry hereunder, nor shall any such matters limit any of the provisions of Section 4.4 ["As Is" Purchase] or Section 4.5 [Release of City]. 4.3 Entry and Indemnity In connection with any entry by Buyer or its Agents onto the Property, Buyer shall give City reasonable advance written notice of such entry and shall conduct such entry and any inspections in connection therewith so as to minimize, to the extent possible, interference with uses being made of the Property and otherwise in a manner and on terms and conditions acceptable to City. All entries by Buyer or its Agents onto the Property to perform any testing or other investigations which could affect the physical condition of the Property (including, without limitation, soil borings) or the uses thereof will be made only pursuant to the terms and conditions of a permit to enter in form and substance satisfactory to City substantially in the form of City's standard permit. Without limiting the foregoing, prior to any entry to perform any on-site testing, Buyer shall give City written notice thereof, including the identity of the company or persons who will perform such testing, the precise time and location of the testing, and the proposed scope of the testing. City shall have the right to approve, disapprove, or condition and limit the proposed testing, in City's sole discretion, within ten (10) business days after receipt of such notice. If Buyer or its agents, employees or contractors take any sample from the Property in connection with any approved testing, Buyer shall provide to City a portion of such sample being tested to allow City, if it so chooses, to perform its own testing. City or its representative may be present to observe any testing or other inspection performed on the Property. Buyer shall promptly deliver to City copies of any reports relating to any testing or other inspection of the Property performed by Buyer or its agents, employees or contractors, but shall not deliver copies of any such reports to any other person or entity without Buyer's prior written approval. Buyer shall keep all test results and information strictly confidential, and shall indemnify, reimburse, defend and hold City harmless from and against any loss, cost, expense, or damage resulting from Buyer's failure to keep any information obtained from an inspection or testing of the Property strictly confidential; provided, however, Buyer shall not be liable if and to the extent Buyer is required to disclose such information pursuant to a court order. Buyer shall comply with all laws, ordinances, rules, regulations, orders and the like in connection with any entry onto or testing of the Property. Buyer shall maintain, and shall require that its Agents maintain, public liability and property damage insurance in amounts and in form and substance adequate to insure against all liability of Buyer and its Agents, arising out of any entry or inspection of the Property in connection with the transaction contemplated hereby, and Buyer shall provide City with evidence of such insurance coverage upon request from City. To the fullest extent permitted under law, Buyer shall indemnify, defend and hold harmless City, its Agents, and each of them, from and against any liabilities, costs, damages, losses, liens, claims and expenses (including, without limitation, reasonable fees of attorneys, experts and consultants and related costs) arising out of or relating to any entry on, under or about the Property by Buyer, its Agents, contractors and subcontractors in performing the 008 884.000 1 W09H9.4740969 5 inspections, testings or inquiries provided for in this Agreement, whether prior to the date of this Agreement or during the term hereof, including, without limitation, any injuries or deaths to any persons (including, without limitation, Buyer's Agents) and damage to any property, from any cause whatsoever. The foregoing indemnity shall survive beyond the Closing, or, if the sale is not consummated, beyond the termination of this Agreement. 4.4 "As Is" Purchase BUYER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT CITY IS SELLING AND BUYER IS PURCHASING CITY'S INTEREST IN THE PROPERTY ON AN "AS IS WITH ALL FAULTS" BASIS. BUYER IS RELYING SOLELY ON ITS INDEPENDENT INVESTIGATION AND NOT ON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, FROM CITY OR ITS AGENTS AS TO ANY MATTERS CONCERNING THE PROPERTY, ITS SUITABILITY FOR BUYER'S INTENDED USES OR ANY OF THE PROPERTY CONDITIONS. CITY DOES NOT GUARANTEE THE LEGAL, PHYSICAL, GEOLOGICAL, ENVIRONMENTAL OR OTHER CONDITIONS OF THE PROPERTY, NOR DOES IT ASSUME ANY RESPONSIBILITY FOR THE COMPLIANCE OF THE PROPERTY OR ITS USE WITH ANY STATUTE, ORDINANCE OR REGULATION. IT IS BUYER'S SOLE RESPONSIBILITY TO DETERMINE ALL BUILDING, PLANNING, ZONING AND OTHER REGULATIONS RELATING TO THE PROPERTY AND THE USES TO WHICH IT MAY BE PUT. 4.5 Release of City As part of its agreement to purchase the Property in its "As Is With All Faults" condition, Buyer, on behalf of itself and its successors and assigns, waives any right to recover from, and forever releases and discharges, City, its officers, employees, agents, contractors and representatives, and their respective heirs, successors, legal representatives and assigns, from any and all demands, claims, legal or administrative proceedings, losses, liabilities, damages, penalties, fines, liens, judgments, costs or expenses whatsoever (including, without limitation, attorneys' fees and costs), whether direct or indirect, known or unknown, foreseen or unforeseen, that may arise on account of or in any way be connected with (i) Buyer's and its Agents and customer's past, present and future use of the Property, (ii) the physical, geological or environmental condition of the Property, including, without limitation, any Hazardous Material in, on, under, above or about the Property, and (iii) any federal, state, local or administrative law, rule, regulation, order or requirement applicable thereto, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA", also commonly known as the "Superfund" law), as amended by Superfund Amendments and Reauthorization Act of 1986 ("SARA") (42 U.S.C. Sections 9601-9657), the Resource Conservation and Recovery Act of 1976, as amended by the Solid Waste and Disposal Act of 1984 (collectively, "RCRA") (42 U.S.C. Sections 6901-6987), the Federal Water Pollution Control Act, as amended by the Clean Water Act of 1977 (collectively the "Clean Water Act") (33 U.S.C. Section 1251 et seq.), the Toxic Substances Control Act ("TSCA") (15 U.S.C. Sections 2601-2629), Hazardous Materials Transportation Act (49 U.S.C. Section 1801 et seq.), the Carpenter -Presley -Tanner Hazardous Substance Account Law (commonly known as the "California Superfund" law) (California Health and Safety Code Sections 25300-25395), 008884.000149969.474 9 6 Hazardous Waste Control Act (California Health and Safety Code Section 25100 et seq.), Hazardous Materials Release Response Plans and Inventory Law (commonly known as the "Business Plan Law") (California Health and Safety Code Section 25500 et seq.), Porter - Cologne Water Quality Control Act (California Water Code Section 13000 et seq.), Safe Drinking Water and Toxic Enforcement Act of 1986 (commonly known as "Proposition 65") (California Health and Safety Code Section 25249.5 et seq.). In connection with the foregoing release, Buyer expressly waives the benefits of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR EXPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN TO HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. BY PLACING ITS INITIALS BELOW, BUYER SPECIFICALLY ACKNOWLEDGES AND CONFIRMS THE VALIDITY OF THE RELEASES MADE ABOVE AND THE FACT THAT BUYER WAS REPRESENTED BY COUNSEL WHO EXPLAINED, AT THE TIME THIS AGREEMENT WAS MADE, THE CONSEQUENCES OF THE ABOVE RELEASES. INITIALS: BUYER: 5. CONDITIONS PRECEDENT 5.1 Buyer's Conditions Precedent Buyer's obligation to purchase the Property is conditioned upon the following (collectively, "Buyer's Conditions"): (a) Buyer's review and approval of an updated preliminary title report, together with copies of the underlying documents, and a current survey in sufficient detail to support the issuance of the Title Policy as provided in Section 3.2 (the "Survey"). The Survey shall include a field note description properly certified to Buyer and the Title Company. Buyer shall provide a copy of the Survey to the City upon Buyer's receipt thereof. (b) Buyer's review and approval of all tenant leases and any other occupancy agreements (hereinafter collectively referred to as the "Leases"), if any, affecting the Property. (c) Buyer's review and approval of the physical condition of the Property. (d) Buyer issuing bond financing necessary to purchase the Property. 008884.0001W40969.47409 9 7 5.2 Contingency Period Buyer shall have until 5:00 p.m. San Francisco Time on the date that is thirty (30) days after the Effective Date to review and approve or waive Buyer's Conditions (such period being referred to herein as the "Contingency Period"). If Buyer elects to proceed with the purchase of the Property, then Buyer shall, before the expiration of the Contingency Period, notify City in writing that Buyer has approved all such matters ("Contingency Period Waiver Notice"). If before the end of the Contingency Period Buyer fails to give City the written Contingency Period Waiver Notice and fails to object to any of Buyer's Conditions, then Buyer shall be deemed to have waived Buyer's Conditions. Notwithstanding the foregoing, if Buyer objects to any of the matters contained within Section 5.1 within the Contingency Period, then City may, but shall have no obligation to remove or remedy any objectionable matter. If City agrees to remove or remedy the objectionable matter, it shall notify Buyer within ten (10) days following Buyer's notice of objection, and the Closing Date shall be delayed for so long as City diligently pursues such removal or remedy. If and when City elects not to remove or remedy the objectionable matter, which City may do at any time including following an initial election to pursue remedial or corrective actions, this Agreement shall automatically terminate, the Deposit shall be returned to Buyer, and neither party shall have any further rights or obligations hereunder except as provided in Sections 4.3 [Entry and Indemnity], 8.2 [Brokers], or 9.4 [Authority of Buyer] or as otherwise expressly provided herein. Notwithstanding the foregoing, City and Buyer agree to reasonably cooperate with Buyer's efforts, if any, to cause the recordation of a parcel map to separate the Property from any adjacent property reserved by City or through a lot line adjustment. Any such recordation or process shall be initiated, if at all, by Buyer and at Buyer's sole cost. 5.3 City's Condition Precedent The following are conditions precedent to City's obligation to sell the Property to Buyer ("City's Conditions Precedent"): (a) Buyer shall have performed all of its obligations hereunder and all of Buyer's representations and warranties shall be true and correct. (b) A resolution approving and authorizing the transactions contemplated hereby and finding that the public interest or necessity demands, or will not be inconvenienced by the sale of the Property, shall have been adopted by the City's Board of Supervisors and Mayor, in their respective sole and absolute discretion, and duly enacted within six (6) months of the date this Agreement is fully -executed by the parties. (c) City's satisfaction or waiver of the requirement to obtain from the City of South San Francisco approval to subdivide the applicable portions of the Property (in the form of a Parcel Map, Parcel Map Waiver or by other means) to create legal lots on the Property separate from the adjacent property which will continue to be owned by City; provided, however, this condition shall be solely for City's benefit. Notwithstanding the foregoing, Buyer and City acknowledge that City has represented that it is exempt from the Subdivision Map Act. 008884.0001\4 47 0969.5 8 5.4 Failure of City's Conditions Precedent Each of City's Conditions Precedent is intended solely for the benefit of City. If any of City's Conditions Precedent is not satisfied as provided above, City may, at its option, terminate this Agreement. Upon any such termination, neither party shall have any further rights or obligations hereunder except as provided in Sections 4.3 [Entry and Indemnity], 8.2 [Brokers], or 10.4 [Authority of Buyer] or as otherwise expressly provided herein. 6. ESCROW AND CLOSING 6.1 Escrow Within ten (10) days after the parties hereto execute this Agreement, Buyer and City shall deposit an executed counterpart of this Agreement with the Title Company, and this instrument shall serve as the instructions to the Title Company as the escrow holder for consummation of the purchase and sale contemplated hereby. City and Buyer agree to execute such supplementary escrow instructions as may be appropriate to enable the Title Company to comply with the terms of this Agreement; provided, however, in the event of any conflict between the provisions of this Agreement and any supplementary escrow instructions, the terms of this Agreement shall control. 6.2 Closing Date The Closing hereunder shall be held, and delivery of all items to be made at the Closing under the terms of this Agreement shall be made, at the offices of the Title Company on: (a) the date which is thirty (30) days after the expiration of the Contingency Period and enactment of the Board of Supervisor's resolution referred to in Section 5.3(b) above, or if such date is not a business day, then upon the next ensuing business day, before 1:00 p.m. San Francisco time; or (b) such earlier date and time as Buyer and City may mutually agree upon in writing (the "Closing Date"). 6.3 Deposit of Documents (a) At or before the Closing, City shall deposit into escrow the following items: (i) the duly executed and acknowledged Deed conveying the Real Property to Buyer subject to the Conditions of Title and the reservation of water rights in favor of City; (ii) a duly executed counterpart of the Bill of Sale covering the Personal Property, in the form attached hereto as Exhibit D; and (iii) four (4) duly executed counterparts of an Assignment and Assumption of Leases in the form attached hereto as Exhibit E (the "Assignment of Leases"). (b) At or before the Closing, Buyer shall deposit into escrow the following items: 008884.0001 W40969.4740969.5 9 (i) the funds necessary to close this transaction; (ii) a duly executed counterpart of the Bill of Sale; and (iii) four (4) duly executed counterparts of the Assignment of Leases. (c) City and Buyer shall each deposit such other instruments as are reasonably required by the Title Company or otherwise required to close the escrow and consummate the purchase of the Property in accordance with the terms hereof. (d) City shall deliver to Buyer originals (or to the extent originals are not available, copies) of the Leases, and copies of the tenant correspondence files) for the three (3) most recent years of City's ownership of the Property only), and originals (or to the extent originals are not available, copies) of any other items which City is required to furnish Buyer copies of or make available at the Property pursuant to Section 2 above, within five (5) business days after the Closing Date. City shall deliver to Buyer a set of keys to the Property on the Closing Date. 6.4 Prorations Rents, including, without limitation, percentage rents, if any, and any additional charges and expenses payable under the Leases, all as and when actually collected (whether such collection occurs before, on or after the Closing Date); any real property taxes and assessments; water, sewer and utility charges; amounts payable under any service contracts; annual permits and/or inspection fees (calculated on the basis of the period covered); and any other expenses normal to the operation and maintenance of the Property, together with tenant improvement costs, leasing commissions and free rent, shall all be prorated as of 12:01 a.m. on the date the Deed is recorded, on the basis of a three hundred sixty-five (365) -day year. Any delinquent rents collected after the Closing shall be paid immediately to City. Buyer shall use all reasonable efforts to collect such delinquent rents; provided, however, City reserves its right to sue a tenant under its Lease for damages suffered by City as a result of such tenant's failure to pay any rents to City which were payable prior to the Closing Date so long as such a suit does not seek a termination of such tenant's Lease. The amount of any security deposits received by City and not applied against tenants' obligations under the Leases shall be credited against the Purchase Price. The Purchase Price shall be increased by the amount of any utility deposits paid by City with respect to the Property. City and Buyer hereby agree that if any of the above described prorations cannot be calculated accurately on the Closing Date, then the same shall be calculated as soon as reasonably practicable after the Closing Date and either party owing the other party a sum of money based on such subsequent proration(s) shall promptly pay said sum to the other Ply 7. RISK OF LOSS 7.1 Loss City shall give Buyer notice of the occurrence of damage or destruction of, or the commencement of condemnation proceedings affecting, any portion of the Property. In the event that all or any portion of the Property is condemned, or destroyed or damaged by fire or 008884.0001\409(9.4740969.5 10 other casualty prior to the Closing, then Buyer may, at its option to be exercised within ten (10) days of City's notice of the occurrence of the damage or destruction or the commencement of condemnation proceedings, either terminate this Agreement or consummate the purchase for the full Purchase Price as required by the terms hereof. If Buyer elects to terminate this Agreement or fails to give City notice within such ten (10) -day period that Buyer will proceed with the purchase, then this Agreement shall terminate at the end of such ten (10) -day period, the Title Company shall return the Deposit to Buyer, and neither party shall have any further rights or obligations hereunder except as provided in Sections 4.3 [Entry and Indemnity], 8.2 [Brokers], or otherwise expressly provided herein. Notwithstanding anything to the contrary in this Section 7.1, Buyer will have no right to terminate this Agreement due to the PG&E Condemnation Action and all proceeds from the PG&E Condemnation Action related to the Property will be solely payable to City (whether such funds are collected prior to or after closing) without any adjustment in the Purchase Price. If the proceeds from the PG&E Condemnation Action have not been collected by City as of the Closing, then, to the extent necessary, Buyer will assign the rights to such proceeds to City. 7.2 Self Insurance Notwithstanding anything to the contrary above, Buyer acknowledges that City self - insures and shall not be obligated to purchase any third party comprehensive liability insurance or property insurance. 8. EXPENSES 8.1 Expenses Buyer shall pay any transfer taxes applicable to the sale, personal property taxes, escrow fees, title premiums, survey fees, and recording charges and any other costs and charges of the escrow for the sale, except City shall reimburse Buyer for 50% of survey, engineering and mapping work by City related to the transaction contemplated in this Agreement up to a maximum amount of $50,000. 8.2 Brokers The parties represent and warrant to each other that no broker or finder was instrumental in arranging or bringing about this transaction and that there are no claims or rights for brokerage commissions or finder's fees in connection with the transactions contemplated by this Agreement. If any person brings a claim for a commission or finder's fee based on any contact, dealings, or communication with Buyer or City, then the party through whom such person makes a claim shall defend the other party from such claim, and shall indemnify the indemnified party from, and hold the indemnified party against, any and all costs, damages, claims, liabilities, or expenses (including, without limitation, reasonable attorneys' fees and disbursements) that the indemnified party incurs in defending against the claim. The provisions of this Section shall survive the Closing, or, if the purchase and sale is not consummated for any reason, any termination of this Agreement. 008884.0001\740969.47409 -9.5 11 9. LIQUIDATED DAMAGES IF THE SALE OF THE PROPERTY IS NOT CONSUMMATED DUE TO THE CITY'S DEFAULT HEREUNDER AND BUYER IS NOT THEN IN DEFAULT, THEN THE TITLE COMPANY SHALL RETURN THE DEPOSIT THEREON TO BUYER. IF THE SALE IS NOT CONSUMMATED DUE TO ANY DEFAULT BY BUYER HEREUNDER AND CITY IS NOT THEN IN DEFAULT, THEN THE TITLE COMPANY SHALL DELIVER THE LIQUIDATED DAMAGES AMOUNT (AS DEFINED IN SECTION 2(a) ABOVE) TOGETHER WITH ACCRUED INTEREST THEREON TO CITY (OR THE CITY MAY RETAIN THE DEPOSIT IF ALREADY DELIVERED TO CITY), AND CITY SHALL BE ENTITLED TO RETAIN SUCH SUM AS LIQUIDATED DAMAGES; AND THE TITLE COMPANY SHALL RETURN THE REMAINING DEPOSIT (AS DEFINED IN SECTION 2(a) ABOVE) TO BUYER. THE PARTIES HAVE AGREED THAT CITY'S ACTUAL DAMAGES, IN THE EVENT OF A FAILURE TO CONSUMMATE THIS SALE AS SPECIFIED IN THE PRECEDING SENTENCE, WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. AFTER NEGOTIATION, THE PARTIES HAVE AGREED THAT, CONSIDERING ALL THE CIRCUMSTANCES EXISTING ON THE DATE OF THIS AGREEMENT, THE AMOUNT OF THE LIQUIDATED DAMAGES AMOUNT TOGETHER WITH ACCRUED INTEREST THEREON IS A REASONABLE ESTIMATE OF THE DAMAGES THAT CITY WOULD INCUR IN SUCH AN EVENT. BY PLACING THEIR RESPECTIVE INITIALS BELOW, EACH PARTY SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENTS MADE ABOVE AND THE FACT THAT EACH PARTY WAS REPRESENTED BY COUNSEL WHO EXPLAINED, AT THE TIME THIS AGREEMENT WAS MADE, THE CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION. INITIALS: CITY: BUYER: 10. GENERAL PROVISIONS 10.1 Notices Any notices required or permitted to be given under this Agreement shall be in writing and shall be delivered (a) in person, (b) by certified mail, postage prepaid, return receipt requested, or (c) by U.S. Express Mail or commercial overnight courier that guarantees next day delivery and provides a receipt, and such notices shall be addressed as follows: CITY: Real Estate Division City and County of San Francisco 25 Van Ness Avenue, Suite 400 San Francisco, CA 94102 Attn: Director of Property BUYER: South San Francisco Redevelopment Agency 400 Grand Avenue South San Francisco, CA 94080 Attn: Executive Director 008884.000IW 4 0969.424090.5 12 with a copy to: with a copy to: Anita Wood Steven Mattas, Agency Counsel Deputy City Attorney Meyers Nave Office of the City Attorney 575 Market Street, Suite 2600 City Hall, Room 234 San Francisco, CA 94105 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102 or such other address as either party may from time to time specify in writing to the other party. Any notice shall be deemed given when actually delivered if such delivery is in person, two (2) days after deposit with the U.S. Postal Service if such delivery is by certified or registered mail, and the next business day after deposit with the U.S. Postal Service or with the commercial overnight courier service if such delivery is by overnight mail. 10.2 Successors and Assigns This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, heirs, legal representatives, administrators and assigns. Buyer's rights and obligations hereunder shall not be assignable without the prior written consent of City; provided, however, even if City approves any such proposed assignment, in no event shall Buyer be released of any of its obligations hereunder. 10.3 Amendments This Agreement may be amended or modified only by a written instrument signed by the Buyer and City. 10.4 Authority of Buyer Buyer represents and warrants to City that this Agreement and all documents executed by Buyer which are to be delivered to City at Closing: (a) are or at the time of Closing will be duly authorized, executed and delivered by Buyer; (b) are or at the time of Closing will be legal, valid and binding obligations of Buyer; and (c) do not and at the time of Closing will not violate any provision of any agreement or judicial order to which Buyer is a party or to which Buyer is subject. Notwithstanding anything to the contrary in this Agreement, the foregoing representations and warranties and any and all other representations and warranties of Buyer contained herein or in other agreements or documents executed by Buyer in connection herewith, shall survive the Closing Date. 10.5 Buyer's Representations and Warranties Buyer makes the following representations as of the date of this Agreement and at all times throughout this Agreement: (a) Buyer has duly authorized by all necessary action the execution, delivery and performance of this Agreement. Buyer has duly executed and delivered this Agreement and this Agreement constitutes a legal, valid and binding obligation of Buyer, enforceable against Buyer in accordance with the terms hereof. 008884.0001\740969.4109A9 13 (b) Buyer represents and warrants to City that it has not been suspended, disciplined or disbarred by, or prohibited from contracting with, any federal, state or local governmental agency. In the event Buyer has been so suspended, disbarred, disciplined or prohibited from contracting with any governmental agency, it shall immediately notify the City of same and the reasons therefore together with any relevant facts or information requested by City. Any such suspension, debarment, discipline or prohibition may result in the termination or suspension of this Agreement. (c) No document or instrument furnished or to be furnished by the Buyer to the City in connection with this Agreement contains or will contain any untrue statement of material fact or omits or will omit a material fact necessary to make the statements contained therein not misleading, under the circumstances under which any such statement shall have been made. 10.6 Governing Law This Agreement shall be governed by, subject to, and construed in accordance with the laws of the State of California and City's Charter and Administrative Code. 10.7 Merger of Prior Agreements This Agreement, together with the exhibits hereto, contain any and all representations, warranties and covenants made by Buyer and City and constitutes the entire understanding between the parties hereto with respect to the subject matter hereof. Any prior correspondence, memoranda or agreements are replaced in total by this Agreement together with the exhibits hereto. 10.8 Parties and Their Agents The term "Buyer" as used herein shall include the plural as well as the singular. If Buyer consists of more than one (1) individual or entity, then the obligations under this Agreement imposed on Buyer shall be joint and several. As used herein, the term "Agents" when used with respect to either party shall include the agents, employees, officers, contractors and representatives of such party. 10.9 Interpretation of Agreement The article, section and other headings of this Agreement and the table of contents are for convenience of reference only and shall not affect the meaning or interpretation of any provision contained herein. Whenever the context so requires, the use of the singular shall be deemed to include the plural and vice versa, and each gender reference shall be deemed to include the other and the neuter. This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with herein. In addition, each party has been represented by experienced and knowledgeable legal counsel. Accordingly, any rule of law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Agreement against the party that has drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable manner to effect the purposes of the parties and this Agreement. 008884.00014749969-4 40 9 14 10.10 Attorneys' Fees If either party hereto fails to perform any of its respective obligations under this Agreement or if any dispute arises between the parties hereto concerning the meaning or interpretation of any provision of this Agreement, then the defaulting party or the party not prevailing in such dispute, as the case may be, shall pay any and all costs and expenses incurred by the other party on account of such default or in enforcing or establishing its rights hereunder, including, without limitation, court costs and reasonable attorneys' fees and disbursements. For purposes of this Agreement, the reasonable fees of attorneys of the Office of the City Attorney of the City and County of San Francisco shall be based on the fees regularly charged by private attorneys with the equivalent number of years of experience in the subject matter area of the law for which the City Attorney's services were rendered who practice in the City of San Francisco in law firms with approximately the same number of attorneys as employed by the City Attorney's Office. 10.11 Time of Essence Time is of the essence with respect to the performance of the parties' respective obligations contained herein. 10.12 No Merger The obligations contained herein shall not merge with the transfer of title to the Property but shall remain in effect until fulfilled. 10.13 Non -Liability of City Officials, Employees and Agents Notwithstanding anything to the contrary in this Agreement, no elective or appointive board, commission, member, officer, employee or agent of City shall be personally liable to Buyer, its successors and assigns, in the event of any default or breach by City or for any amount which may become due to Buyer, its successors and assigns, or for any obligation of City under this Agreement. 10.14 Conflicts of Interest Through its execution of this Agreement, Buyer acknowledges that it is familiar with the provisions of Section 15.103 or City's Charter, Article III, Chapter 2 of City's Campaign and Governmental Conduct Code, and Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California, and certifies that it does not know of any facts which constitute a violation of said provisions and agrees that if it becomes aware of any such fact during the term of this Agreement, Buyer shall immediately notify the City. 10.15 Notification of Limitations on Contributions Through execution of this Agreement, Buyer acknowledges that it is familiar with Section 1.126 of City's Campaign and Governmental Conduct Code, which prohibits any person who contracts with the City for selling or leasing any land or building to or from the City whenever such transaction would require approval by a City elective officer or the board on 008884.0001\40969.4740969.5 15 which that City elective officer serves, from making a contribution to such an officer, or candidate for such office, or committee controlled by such officer or candidate at any time from the commencement of negotiations for such contract until the termination of negotiations for such contract or three (3) months has elapsed from the date the contract is approved by the City elective officer, or the board on which that City elective officer serves. San Francisco Ethics Commission Regulation 1.126-1 provides that negotiations are commenced when a prospective contractor first communicates with a City officer or employee about the possibility of obtaining a specific contract. This communication may occur in person, by telephone or in writing, and may be initiated by the prospective contractor or a City officer or employee. Negotiations are completed when a contract is finalized and signed by the City and the contractor. Negotiations are terminated when the City and/or the prospective contractor end the negotiation process before a final decision is made to award the contract. 10.16 Sunshine Ordinance Buyer understands and agrees that under the City's Sunshine Ordinance (San Francisco Administrative Code, Chapter 67) and the State Public Records Law (Gov. Code Section 6250 et seq.), this Agreement and any and all records, information, and materials submitted to the City hereunder public records subject to public disclosure. Buyer hereby acknowledges that the City may disclose any records, information and materials submitted to the City in connection with this Agreement. 10.17 Tropical Hardwood and Virgin Redwood Ban The City and County of San Francisco urges companies not to import, purchase, obtain or use for any purpose, any tropical hardwood, tropical hardwood wood product, virgin redwood or virgin redwood wood product except as expressly permitted by the application of Sections 802(b) and 803(b) of the San Francisco Environmental Code. 10.18 MacBride Principles - Northern Ireland The City urges companies doing business in Northern Ireland to move toward resolving employment inequities and encourages them to abide by the MacBride Principles as expressed in San Francisco Administrative Code Section 12F.1 et seq. The City also urges companies to do business with corporations that abide by the MacBride Principles. Buyer acknowledges that it has read and understands the above statement of the City concerning doing business in Northern Ireland. Buyer. 10.19 No Recording Neither this Agreement nor any memorandum or short form thereof may be recorded by 10.20 Effective Date As used herein, the term "Effective Date" shall mean the date on which the City's Board of Supervisors and Mayor enact a resolution approving and authorizing this Agreement and the transactions contemplated hereby, following execution of this Agreement by both parties. 008884.0001\74994740969.5 16 10.21 Acceptance by Buyer This Agreement shall be null and void unless it is accepted by Buyer and two (2) fully executed copies hereof are returned to City on or before 5:00 p.m. San Francisco time on , 2007. 10.22 Counterparts This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, BUYER ACKNOWLEDGES AND AGREES THAT NO OFFICER OR EMPLOYEE OF CITY HAS AUTHORITY TO COMMIT CITY TO THIS AGREEMENT UNLESS AND UNTIL A RESOLUTION OF CITY'S BOARD OF SUPERVISORS SHALL HAVE BEEN DULY ENACTED APPROVING THIS AGREEMENT AND AUTHORIZING THE TRANSACTIONS CONTEMPLATED HEREBY. THEREFORE, ANY OBLIGATIONS OR LIABILITIES OF CITY HEREUNDER ARE CONTINGENT UPON THE DUE ENACTMENT OF SUCH A RESOLUTION, AND THIS AGREEMENT SHALL BE NULL AND VOID IF CITY'S BOARD OF SUPERVISORS AND MAYOR DO NOT APPROVE THIS AGREEMENT IN THEIR RESPECTIVE SOLE DISCRETION. APPROVAL OF THE TRANSACTIONS CONTEMPLATED HEREBY BY ANY DEPARTMENT, COMMISSION OR AGENCY OF CITY SHALL NOT BE DEEMED TO IMPLY THAT SUCH ORDINANCE OR RESOLUTION WILL BE ENACTED NOR WILL ANY SUCH APPROVAL CREATE ANY BINDING OBLIGATIONS ON CITY. The parties have duly executed this Agreement as of the respective dates written below. CITY: BUYER: CITY AND COUNTY OF SAN THE REDEVELOPMENT AGENCY OF THE FRANCISCO, a municipal corporation CITY OF SOUTH SAN FRANCISCO a public corporation Director of Property APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney LI -M Deputy City Attorney By: _ Name: Its: By: Name: 008884.000149969.4140969.5 17 Its: EXHIBIT A REAL PROPERTY DESCRIPTION/DEPICTION All that certain real property located in the City of South San Francisco, County of San Mateo, State of California, described as follows: [NOTE: DESCRIPTION TO COME FROM TITLE REPORT] 008884.0001\740969.4740969.5 A-1 EXHIBIT B 008884.000 IW 40969.474096" B-1 EXHIBIT C QUITCLAIM DEED RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: MAIL TAX STATEMENTS TO: Attn: Documentary Transfer Tax of $ , based on full value of the property conveyed (Space above this line reserved for Recorder's use only) QUITCLAIM DEED [(Assessor's Parcel No. A FOR VALUABLE CONSIDERATION, receipt and adequacy of which are hereby acknowledged, the CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation ("City"), pursuant to Resolution No. , adopted by the Board of Supervisors on , 2007 and approved by the Mayor on , 2007 hereby RELEASES, REMISES AND QUITCLAIMS to THE REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, a public corporation ("Buyer"), any and all right, title and interest City may have in and to the real property located in the City of South San Francisco, County of San Mateo, State of California, described on Exhibit A attached hereto and made a part hereof (the "Property"). The above conveyance is subject without limitation to (a) liens of local real estate taxes and assessments and (b) all existing exceptions and encumbrances, whether or not disclosed by a title report or the public records or any other documents discoverable or reviewed by Buyer, and any other exceptions to title which would be disclosed by an accurate and thorough investigation, survey or inspection of the Property. The City reserves all water rights in and to the Property. 008884.0001W40969.4 440969.5 C -I Executed as of this day of , 2007. CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation GAVIN NEWSOM Mayor GLORIA L. YOUNG Clerk of the Board of Supervisors Director of Property APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney ME Deputy City Attorney DESCRIPTION CHECKED/APPROVED: City Engineer 008884.000140969-47409 9 C-2 State of California County of San Francisco On before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature oosssa.000i\-7ae96941409k25 C-3 (Seal) EXHIBIT D BILL OF SALE For good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation ("City"), does hereby sell, transfer and convey to THE REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, a public corporation ("Buyer"), the personal property described in the attached Schedule 1 and used in connection with the operation of that certain real property located in South San Francisco, California, as more particularly described in the attached Schedule 2. WITHOUT LIMITING ANY OF THE PROVISIONS OF THE AGREEMENT OF PURCHASE AND SALE BETWEEN CITY AND BUYER, BUYER ACKNOWLEDGES AND AGREES THAT CITY IS SELLING AND BUYER IS PURCHASING SUCH PERSONAL PROPERTY ON AN "AS -IS WITH ALL FAULTS" BASIS AND THAT BUYER IS NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, FROM CITY, ITS AGENTS, EMPLOYEES OR OFFICERS, AS TO ANY MATTERS CONCERNING SUCH PERSONAL PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Executed as of this day of 12007. CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation GAVIN NEWSOM Mayor GLORIA L. YOUNG Clerk of the Board of Supervisors Director of Property 008884.0001 49969. V40969.5 D- I APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney Deputy City Attorney 008 884.000 1 W40969-4740969.5 D-2 EXHIBIT E ASSIGNMENT AND ASSUMPTION OF LEASE(S) THIS ASSIGNMENT AND ASSUMPTION OF LEASE(S) (this "Assignment") is made and entered into as of this _ day of , 2007 by and between the CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation ("Assignor") and THE REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, a public corporation ("Assignee"). FOR GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, effective as of the date (the "Conveyance Date") City conveys title to that certain real property located in South San Francisco, California, as more particularly described in the attached Schedule 1 (the "Property"), Assignor hereby assigns and transfers to Assignee all of Assignor's right, title, claim and interest in and under certain lease(s) executed with respect to the Property as more fully described in Schedule 2 attached hereto (collectively, the "Lease(s)"). ASSIGNOR AND ASSIGNEE FURTHER HEREBY AGREE AND COVENANT AS FOLLOWS: As of the Conveyance Date, Assignor hereby agrees to indemnify, defend and hold Assignee harmless from any and all costs, liabilities, losses, damages or expenses (including, without limitation, reasonable attorneys' fees), originating prior to the Conveyance Date and arising out of the landlord's obligations under the Lease(s). As of the Conveyance Date, Assignee hereby assumes all of the landlord's obligations under the Leases and agrees to indemnify Assignor against and hold Assignor harmless from any and all costs, liabilities, losses, damages or expenses (including, without limitation, reasonable attorneys' fees), originating on or subsequent to the Conveyance Date and arising out of the landlord's obligations under the Lease(s). If either party hereto fails to perform any of its respective obligations under this Agreement or if any dispute arises between the parties hereto concerning the meaning or interpretation of any provision of this Agreement, then the defaulting party or the party not prevailing in such dispute, as the case may be, shall pay any and all costs and expenses incurred by the other party on account of such default or in enforcing or establishing its rights hereunder, including, without limitation, court costs and reasonable attorneys' fees and disbursements. For purposes of this Agreement, the reasonable fees of attorneys of the Office of the City Attorney of the City and County of San Francisco shall be based on the fees regularly charged by private attorneys with the equivalent number of years of experience in the subject matter area of the law for which the City Attorney's services were rendered and who practice in the City of San Francisco in law firms with approximately the same number of attorneys as employed by the City Attorney's Office. This Assignment shall be binding on and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors in interest and assigns. 008884.000140969.41409 9. E-1 This Assignment shall be governed by and construed in accordance with the laws of the State of California and City's Charter. This Assignment may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Assignor and Assignee have executed this Assignment as of the day and year first written above. ASSIGNEE: THE REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, a public corporation ASSIGNOR: APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney al Deputy City Attorney By: Name: Its: By: Name: Its: CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation By: Name: Its: 008884.0001\740969-.47409 69.5 E-2 EXHIBIT F DISCLOSURES REGARDING PROPERTY The Property is subject to that certain Complaint in Eminent Domain, Case No. CIV 449522 filed September 12, 2005 in the Superior Court of the State of California for the County of San Mateo ("PG&E Complaint"), in which Pacific Gas and Electric Company ("PG&E") seeks to acquire a permanent easement to place and use certain facilities, together with related appliances and fixtures, upon a portion of the Property, along with the right of general ingress and egress and the right to use certain temporary work areas, all as more particularly described in the PG&E Complaint ("PG&E Condemnation Action"). City and Buyer acknowledge that PG&E recently performed work on or near the Property, and such matter will be a matter of due diligence inquiry hereunder by Buyer. 008 884.000 1 W40969-4740909 --5 AGREEMENT FOR SALE OF REAL ESTATE by and between CITY AND COUNTY OF SAN FRANCISCO, as Seller and THE REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, as Buyer , 2007 008884.000IW40969-474 269.5 1. SALE AND PURCHASE...............................................................................................1 1.1 Property Included in Sale....................................................................................1 2. PURCHASE PRICE.......................................................................................................2 3. TITLE...........................................................................................................................23 3.1 Conditions of Title............................................................................................2-3 3.2 Buyer's Responsibility for Title Insurance..........................................................3 3.3 Reservation of Subsurface Water Rights.............................................................3 4. "AS IS" PURCHASE; RELEASE OF CITY..................................................................3 4.1 Buyer's Independent Investigation......................................................................3 4.2 Hazardous Substance Disclosure.........................................................................4 4.3 Entry and Indemnity.........................................................................................45 4.4 "As Is" Purchase...............................................................................................56 4.5 Release of City....................................................................................................6 5. CONDITIONS PRECEDENT........................................................................................7 5.1 Buyer's Conditions Precedent.............................................................................7 5.2 Contingency Period............................................................................................78 5.3 City's Condition Precedent.................................................................................8 5.4 Failure of City's Conditions Precedent..............................................................59 6. ESCROW AND CLOSING..........................................................................................59 6.1 Escrow..............................................................................................................99 6.2 Closing Date.......................................................................................................9 6.3 Deposit of Documents.........................................................................................9 6.4 Prorations.........................................................................................................10 7. RISK OF LOSS............................................................................................................10 7.1 Loss..................................................................................................................10 7.2 Self Insurance...................................................................................................11 8. EXPENSES..................................................................................................................11 8.1 Expenses...........................................................................................................11 8.2 Brokers.............................................................................................................11 9. LIQUIDATED DAMAGES.....................................................................................4412 10. GENERAL PROVISIONS...........................................................................................12 10.1 Notices.............................................................................................................12 10.2 Successors and Assigns.................................................................................4-213 10.3 Amendments.....................................................................................................13 10.4 Authority of Buyer................................................................................ 10.5 Buyer's Representations and Warranties...........................................................13 10.6 Governing Law............................................................................................. 4-314 10.7 Merger of Prior Agreements..............................................................................14 10.8 Parties and Their Agents...................................................................................14 10.9 Interpretation of Agreement..............................................................................14 10.10 Attorneys' Fees..............................................................................................415 10.11 Time of Essence................................................................................................15 10.12 No Merger........................................................................................................15 10.13 Non -Liability of City Officials, Employees and Agents.....................................15 10.14 Conflicts of Interest..........................................................................................15 10.15 Notification of Limitations on Contributions.....................................................15 10.16 Sunshine Ordinance..........................................................................................16 10.17 Tropical Hardwood and Virgin Redwood Ban...................................................16 10.18 MacBride Principles - Northern Ireland.............................................................16 10.19 No Recording....................................................................................................16 10.20 Effective Date...................................................................................................16 10.21 Acceptance by Buyer....................................................................................4617 10.22 Counterparts.................................................................................................4-617 LIST OF EXHIBITS EXHIBIT A REAL PROPERTY DESCRIPTION/DEPICTION EXHIBIT B 1NT ENT10N r r v ONUT'TE- FORM OF EASEMENT EXHIBIT C QUITCLAIM DEED EXHIBIT D BILL OF SALE EXHIBIT E ASSIGNMENT AND ASSUMPTION OF LEASE(S) EXHIBIT F DISCLOSURES REGARDING PROPERTY V1 SAN AGENDA CITY COUNCIL CITY OF SOUTH SAN FRANCISCO call FORN�P REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY, JULY 112007 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. RICHARD A. GARBARINO, SR. Mayor PEDRO GONZALEZ Vice Mayor JOSEPH A. FERNEKES Councilman RICHARD BATTAGLIA City Treasurer BARRY M. NAGEL City Manager MARK N. ADDIEGO Councilman KARYL MATSUMOTO Councilwoman FLO DERBY Interim City Clerk STEVEN T. MATTAS City Attorney PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS • Harry Potter 7 Summer Reading Party — Library Children's Services Staff • Proclamation: Park and Recreation Month • U.S. Conference of Mayors City Livability Award — FRESH Program • Summary of 4th of July activities/incidents Police Chief Mark Raffaelli and Fire Chief Philip White AGENDA REVIEW PUBLIC COMMENTS ITEMS FROM COUNCIL • Announcements • Committee Reports • Appointment of Joan Mar -vier to the Peninsula Library System Advisory Board CONSENT CALENDAR 1. Motion to approve the minutes of June 13, 2007 2. Motion to confirm expense claims of July 11, 2007 3. Resolution awarding a contract to provide material testing and special services to Kleinfelder Associates for the Wet Weather Sewer Improvement Projects — Phase II 4. Resolution authorizing the acceptance of LSTA Funding in the amount of $7,500 from the California State Library to support a digital story station and amending the Library Department's 2007/08 budget 5. Resolution authorizing the acceptance of $4,900 in donations and grant funding to support the Library's Summer Reading Club and amending the Library Department's 2007/08 Operating Budget 6. An Ordinance amending Section 3.12 of the SSFMC updating personnel position titles PUBLIC HEARING 7. Resolution increasing parking permit and parking meter rates 8. Resolution establishing a General Plan fee to recover City costs incurred in updating the General Plan and preparing related environmental documents REGULAR CITY COUNCIL MEETING JULY 11, 2007 AGENDA PAGE2 ADMINISTRATIVE BUSINESS 9. Resolution approving Orange Memorial Park Master Plan 10. Resolution expanding public service hours at the Main and Grand Avenue libraries 11. Introduction of an Ordinance amending Title 4, Chapter 4.20, Section 4.2.130 of the South San Francisco Municipal Code to grant authority to impose liens for delinquent payment of Transient Occupancy Tax 12. Resolution establishing November 6, 2007 as the date for a municipal election on a proposed ballot measure seeking voter authorization for a commercial parking tax for general fund purposes, establishing policies and procedures in connection with such an election, and requesting that the San Mateo Chief Elections Officer conduct such an election 13. Resolution establishing November 6, 2007 as the date for a municipal election on a proposed ballot measure seeking voter authorization to increase the City's existing business license tax for general fund purposes, establishing policies and procedures in connection with such an election, and requesting that the San Mateo Chief Elections Officer conduct such an election 14. Resolution authorizing the City Manager to execute Program Supplement Agreement No. 11 with the State of California for the Linear Park Phase I Project CLOSED SESSION 15. Pursuant to Government Code section 54957.6, conference with labor negotiator, Barry M. Nagel; Unrepresented Employee: City Attorney ADJOURNMENT REGULAR CITY COUNCIL MEETING JULY 11, 2007 AGENDA PAGE 3 DATE: July 11, 2007 TO: Honorable Mayor and City Council FROM: Terry White, Director of Public Works SUBJECT: WET WEATHER SEWER IMPROVEMENT PROJECTS - PHASE II, CONSTRUCTION CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND KLEINFELDER ASSOCIATES FOR MATERIAL TESTING AND SPECIAL INSPECTION SERVICES IN AN AMOUNT NOT TO EXCEED $195,500. RECOMMENDATION It is recommended that the City Council adopt a resolution awarding a contract to provide material testing and special inspection services to Kleinfelder Associates for the Wet Weather Sewer Improvement Projects - Phase II, Projects No. 0556 and 0560, in an amount not to exceed $195,500. BACKGROUND/DI S CUS SI ON The City Council recently awarded contracts for construction, construction management, and inspection services for the Wet Weather Sewer Improvement Projects - Phase II. An additional contract is needed for geotechnical services, testing, sampling, and monitoring the handling of contaminated material. Through a Request for Proposal (RFP) process, staff received proposals from the following qualified firms: Kleinfelder Associates of Pittsburg and San Jose, Berlogar Geotechnical Consultants of Pleasanton, and Smith -Emery Company of San Francisco. Kleinfelder Associates was selected due to the high quality resources they have committed at competitive rates, and for their familiarity with the issues involved from their work with the City of South San Francisco on the Wet Weather Phase I project. The scope of services includes earthwork testing and specialized inspection, environmental monitoring, sampling and analytical testing of both soil and groundwater, material testing and inspection reports, and a separate report documenting the results of environmental sampling and analysis upon completion of the project. Staff Report Subject: WET WEATHER SEWER IMPROVEMENT PROJECTS - PHASE II CONSTRUCTION CONSULTING SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $195,500. Page 2 The Wet Weather Sewer Improvement Projects - Phase II involves trenching and excavations in areas with unknown underground conditions that may include contaminated soils and groundwater as well as hard rock or concrete slabs. Because the extent of these difficult materials is unknown, and because further sampling, testing and monitoring may be required, it is recognized that additional work may need to be authorized beyond the $170,000 proposal. The total budget for Kleinfelder Associates services, including a $25,500 contingency, will not exceed $195,500. FT TNT)TNG The Wet Weather Sewer Improvement Projects - Phase II is included in the City of South San Francisco's 2007-2008 CIP. Staff allocated $210,000 for this work. Sufficient funds are budgeted to cover the project costs. CONCLUSION Approval of this contract will ensure that the material testing, specialized inspections, and monitoring of contaminated material is performed according to the approved plans and specifications and per the Regional Water Quality Control Board's (RWQCB) Cease and Desist Order No. 97-104. This contract will cover both West and Central projects. 1 f Terry White i Director ofP blic Works Attachment: Resolution Agreement Approved:, rNagel am City Manager RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AWARDING A CONSTRUCTION CONSULTING SERVICES AGREEMENT FOR THE WET WEATHER SEWER IMPROVEMENT PROJECTS — PHASE II, PROJECT NO. 0556 AND 0560, TO KLEINFELDER ASSOCIATES IN AN AMOUNT NOT TO EXCEED $195,500 WHEREAS, following a request for proposal process, staff recommends that the City Council award the consulting services agreement for the Wet Weather Sewer Improvements Projects — Phase II, Project No. 0556 and 0560, to Kleinfelder Associates of Pittsburg, CA in an amount not to exceed $195,500; and WHEREAS, City Council recently awarded contracts for construction, construction management, and inspection services for the Wet Weather Sewer Improvement Projects — Phase lI, and an additional contract is needed for geotechnical services, testing, sampling and monitoring the handling of contaminated material; and WHEREAS, the extent of contamination of these difficult materials is unknown, and because further sampling, testing and monitoring may be required, additional work may need to be authorized beyond the $170,000 proposal and the total budget for Kleinfelder Associates services, including a $25,500 contingency, which is not to exceed $195,500; and WHEREAS, this project is included in the City of South San Francisco's 2007-2008 Capital Improvement Program (CIP) budget and sufficient funds were budgeted to cover the agreement cost. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the Council hereby awards the Construction Consulting Services Agreement for the Wet Weather Sewer Improvement Projects — Phase II, Project No. 0556 and 0560, to Kleinfelder Associates of Pittsburg, CA in an amount not to exceed $195,500. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Agreement on behalf of the City of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the day of , 2007 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND KLEINFELDER ASSOCIATES Material Testing and Special Inspection Services - Wet Weather Program Phase II THIS AGREEMENT for consulting services is made by and between the CITY OF SOUTH SAN FRANCISCO ("City") and KLEINFELDER ASSOCIATES ("Consultant") (together sometimes referred to as the "Parties") as of July 15, 2007 (the "Effective Date"). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, attached hereto and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2008, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement to the standards of quality normally observed by a person practicing in Consultant's profession, at the time the services are being performed. 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 $170,000 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. City and Consultant mutually Consulting Services Agreement between 6/28/2007 City of South San Francisco and Kleinfelder, Inc. Page 1 of 14 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. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: ■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; ■ The beginning and ending dates of the billing period; ■ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; • At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; ■ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; ■ The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 (Deleted) 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement, unless previously approved by The City in writing. Consulting Services Agreement between 6/28/2007 City of South San Francisco and Kleinfelder, Inc. Page 2 of 14 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 included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. 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 Consulting Services Agreement between 6/28/2007 City of South San Francisco and Kleinfelder, Inc. Page 3 of 14 provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit B, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non - owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12190) Code 8 and 9. No endorsement shall be attached limiting the coverage. Consulting Services Agreement between 6/28/2007 City of South San Francisco and Kleinfelder, Inc. Page 4 of 14 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: The insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 4.3 Professional Liabilitv Insurance. 4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $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. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. Consulting Services Agreement between 6/28/2007 City of South San Francisco and Kleinfelder, Inc. Page 5 of 14 4.4.2 Verification of coverage. 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 Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the 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 for consultant's negligence, 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 administration, and defense expenses that is satisfactory in all respects to each of them. Consulting Services Agreement between 6/28/2007 City of South San Francisco and Kleinfelder, Inc. Page 6 of 14 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 by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. Consulting Services Agreement between 6/28/2007 City of South San Francisco and Kleinfelder, Inc. Page 7 of 14 In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT, 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No 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. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its Consulting Services Agreement between 6/28/2007 City of South San Francisco and Kleinfelder, Inc. Page 8 of 14 employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. Consulting Services Agreement between 6/28/2007 City of South San Francisco and Kleinfelder, Inc. Page 9 of 14 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties unless required by law. Consulting Services Agreement between 6/128/2007 City of South San Francisco and Kleinfelder, Inc. Page 10 of 14 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Court for the First District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. Consulting Services Agreement between 6/28/2007 City of South San Francisco and Kleinfelder, Inc. Page 11 of 14 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Terry White, Public Works Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Kleinfelder, Inc. 7133 Koll Center Parkway, Suite 100 Pleasanton, CA 94566-3101 Any written notice to City shall be sent to: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled Consulting Services Agreement between 6/28/2007 City of South San Francisco and Kleinfelder, Inc. Page 12 of 14 "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Consulting Services Agreement between 6/28/2001 City of South San Francisco and Kleinfelder, Inc. Page 13 of 14 The Parties have executed this Agreement as of the Effective Date. CITY OF SOUTH SAN FRANCISCO CONSULTANT Barry Nagel, City Manager Name.- Title: ame:Title: Attest: Flo Derby, Interim City Clerk Approved as to Form: Steven T, Mattas, City Attorney 207532_1 Consulting Services Agreement between 6/28/2007 City of South San Francisco and Kleinfelder, Inc. Page 14 of 14 EXHIBIT A SCOPE OF SERVICES See attached Consulting Services Agreement between City of South San Francisco and Kleinfelder, Inc - Exhibit A Page 1 of 1 EXHIBIT B CONSULTANT'S STANDARD FEE SCHEDULE See attached Consulting Services Agreement between City of South San Francisco and Kleinfelder, Inc - Exhibit B Page 1 of 1 EXHIBIT C INSURANCE CERTIFICATES See attached 207532_1 Consulting Services Agreement between City of South San Francisco and Kleinfelder, Inc - Exhibit C Page 1 of 1 DATE: July 11, 2007 TO: Honorable Mayor and City Council FROM: Valerie Sommer, Library Director SUBJECT: RESOLUTION AUTHORIZING THE ACCEPTANCE OF LSTA FUNDING IN THE AMOUNT OF $7,500 FROM THE CALIFORNIA STATE LIBRARY TO SUPPORT A DIGITAL STORY STATION AND AMENDING THE LIBRARY DEPARTMENT'S 2007/2008 BUDGET RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the acceptance of a Library Services and Technology Act (LSTA) grant in the amount of $7,500 from the California State Library to support a "California of the Past" Digital Story Station pilot program and amending the Library Department's operating budget for fiscal year 2007/2008. BACKGROUND The Library Department was one of six libraries statewide to receive funding and equipment for a "California of the Past" Digital Story Station Pilot Grant Program. Grant objectives include the sharing of community stories between all ages and backgrounds and the creation of a community and statewide history resource of life in California. An additional objective is to provide local history in an exciting format that will appeal to students. By using historic photographs as part of the filming, students will see and hear historical details such as what it was like to shop on Grand Avenue in the 1950s. The California State Library will purchase and install in the Main Library a fully equipped IMac computer, to be used as a digital storytelling station to record the historical reminiscences of community members. The interviews or "stories" will be loaded onto the Internet, and will be accessible on home and library computers. A condition of the grant is to partner with two local community groups, and the Library has approached the Historical Society of South San Francisco and the South San Francisco Women's Club, who are both enthusiastic about working on this project. Both groups have a diverse membership that will give us the ability to record a variety of home, school and work experiences in our community. Our third local partner is the South San Francisco Chamber of Commerce. This project will help preserve memories of family life, community culture and commercial, industrial, and biotech changes and growth in South San Francisco during the 20''' century. We will continue to film and digitize community stories after the close of this one year pilot grant in order to build a definitive archive of community stories. In addition to computer equipment, the successful libraries will receive onsite training and technical support in the use of the digital story station as well as $7,500 to assist with library staffing, promotional activities and operating supplies. The San Diego Public Library has already piloted this project and will share their expertise with us as part of an in-house training program. Staff Report Subject: Acceptance of $7,500 in LSTA grant funding from the California State Library Page 2 FUNDING: These grant funds will be used to amend the Library Department's 2007/2008 budget. The computer station will be purchased by the California State Library; the $7,500 in grant funding will be used for staffing, promotional materials and operating supplies. Receipt of these funds does not commit the City to ongoing funding after the close of the grant cycle. CONCLUSION: Receipt of this grant will enable the Library Department to record and digitize the memories of community residents. This project will help children and residents have a better understanding of their city's history. It is recommended that the City Council accept $7,500 in grant funding to support the project and amend the Library Department's fiscal year 2007/2008 operating budget. By: Va-L. - ��� Valerie Sommer Library Director Attachments: Resolution Grant Application Approv B Na City Manager RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE ACCEPTANCE OF LSTA FUNDING IN THE AMOUNT OF $7,500 FROM THE CALIFORNIA STATE LIBRARY TO SUPPORT A DIGITAL STORY STATION AND AMENDING THE LIBRARY DEPARTMENT'S 2007/2008 OPERATING BUDGET WHEREAS, staff recommends the acceptance of $7,500 in Library Services and Technology Act (LSTA) grant funding from the California State Library to support a "California of the Past" Digital Story Station pilot program; and WHEREAS, the funds will be used to amend this year's operating budget of the Library Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby accepts $7,500 from the California State Library to support a Digital Story Station pilot program and amends the 2007-2008 Operating Budget, to reflect an increase of $7,500 to the Library Department's budget. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the day of 2007 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: SSF Reso - Accepting Grant Storytelling Station (2).DOC City Clerk California State Library Library Services and Technology Act (LSTA) Fiscal Year 2007/2008 "California of the Past" Digital Story Station Pilot Program Application Submit ORIGINAL (please sign in blue ink) and four (4) copies to be received by 4:00 p.m. on April 9, 2007, to California State Library, Library Development Services Bureau, Attn: Digital Story Station Pilot, P.O. Box 942837, Sacramento, CA 94237-0001. (Non -postal delivery: 900 N Street, Suite 500, Sacramento, CA 95814). Fax will not be accepted. For more information, call (916) 653-5217. 1. Applicant organization/jurisdiction: South San Francisco Public Web page URL: www.ssf.net/library Director's name: Valerie Sommer E-mail: sommer@plsinfo.org Phone: (650) 829-3872 Fax: (650) 829-3866 2. Address: 840 West Orange Avenue South San Francisco, CA 94080 3. Contact person: Bey Rucker Phone: (650) 829-3867 E-mail: rocker@plsinfo.org Address (if different from #2): 4. How many people will be directly served as clients by this project? Fax: (650) 829-3865 52,467 Source of this number (e.g., US Census, library circulation records, etc.): US Census 2000; residentsage 10 and above 5. List the two community organizations you will be partnering with on this project. Organization name: Historical Society of South San Francisco Contact person: Sylvia Payne Phone: Email: smp-ssf@rcn.com Fax: Web page URL (if one exists): Organization name: Contact person: South San Francisco Women's Club Jeannie Altizio (650) 589-9576 Phone: (650) 588-0900 Email: happylion@aol.com Fax: Web page URL (if one exists): Page I of 6 iManage #10447 Project title: "California of the Past" Digital Story Station Pilot Program Applicant/jurisdiction: South San Francisco Public Library 6. Please provide the following demographic data on your library service area: a. Population: 60,727 b. Population breakdown by age groups: Under 5 = 6.5%; 5-9 = 7.2%; 10-14 = 6.6%; 15-19 = 6.5%; 20-34 = 22%; 35-59 = 34.6%; 60 and over = 16.6% c. Population breakdown by ethnicity: Asian 31.7%; Black/African American 3.5%; Hispanic/Latino 26.5%; Other 13.5%; White 31% d. Source of above information: 2000 Census Summary File 1; Table DP -1, QT -P3 and QR -P4 7. Please describe the role your two partners will have in this pilot project. The Historical Society of South San Francisco and the South San Francisco Women's Club were integral community partners in our Shades of California digitization project and we know we can depend on their avid participation in this project. They both have a diverse membership that will give us the unique ability to record a broad spectrum of home, school and work experiences in our community. In addition to adding to our knowledge of the Italian and Portuguese communities in South San Francisco, these organizations will help us build an exciting history of the more recent growth of our Mexican and Latin American communities. Historically, community members worked in South San Francisco and their reminiscences combine family and work experiences. Both organizations are active members in the 30um pan vrancisco C camber of Commerce and will draw on their contacts in the business community to make sure a good representation of local businesses, from the viewpoint of the employee as well as the consumer, are covered in this project. The Historical Society of South San Francisco has a membership of 225 individuals and families, many of whom have a long and rich history in our city. The group has a longstanding "Living History" committee dedicated to recording the oral reminiscenes of current and former residents in order to preserve a record of daily life and commercial, industrial and residential growth in South San Francisco. Per recent feedback from local teachers, the Historical Society Board acknowledges that these tape recordings have become a stale and brittle format that do not appeal to local school children researching the history of our city. Society members are very enthusiastic about creating an exciting collection of visual oral histories that can be accessed at home, in the Library and in the Historical Museum. They will take a lead role in identifying community members to be re -interviewed for this project, as well as in securing new participants for their Living History continuation. They have offered to utilize information prepared by the San Diego project team to modify the "script" they are currently using for the interviews and feel that the use of the Library's vast collection of historical photos as visual cues will invigorate this project. In addition to local stories of life and work in the traditional old SSF businesses and industries, this project will move our Living History collection into the late 20th century by including newer residents and the rise of post industrial businesses. Friends and family members of Historical Society members currently work for Genentech and other local biotech companies, and they will use these contacts, as well as their strong partnership with the Chamber of Commerce, to identify people who were here during the "birth of biotech" and who worked at Genentech and other startups. The South San Francisco Women's Club has been active in our city since 1905. They currently have a membership of 110 active members of our community. Although Women's Club membership overlaps somewhat with Historical Society membership, there are a significant number of members who are more active in only one of these two organizations. The Women's Club will fill this gap by identifying Page 2 of 6 iManage #10447 Project title: "California of the Past" Digital Story Station Pilot Program Applicant/Jurisdiction: South San Francisco Public Library community members and families who do not participate in Historical Society and Museum activities of the community, but, who, nevertheless, have interesting and important stories to tell. Like the Historical Society, Women's Club members are active in the South San Francisco Chamber of Commerce, and their membership, family and friends have stories to tell about family life in SSF through the decades, as well as work life in the wide variety of industry, business and development in South San Francisco - from steel works to See's Candy to Genentech and other biotech companies. The Board of the Women's Club is very enthusiastic about partnering with the Library and the Historical Society on this project. 8. Please describe how you plan to publicize the project to potential users, and your plan for encouraging community members to record their stories. We have an excellent track record in "getting the word out" when participating in projects that promote the history of our City. As part of the "Shades of California" digitization project, we were very successful at promoting the project and securing community participation. The Library and Historical Society teamed up on a recent South San Francisco historic photos book in the "Images of America" series published by Arcadia Publishing, and have a large database of families who participated in the project. For this project, we will use photos from the Library and Historical Museum collections (digitized and hard copy) to "boost" the memories of participants and guide them in recounting specific local experiences, such as strolling and shopping on Grand Avenue in the 1950s. We will combine our experience and subjects covered in the Living History project with feedback received from local teachers to develop a list of specific experiences and stories we want to preserve, then work with our partners to identify community members to participate in this project. In addition to strategic placement of articles about this Digital Story Station project in the San Mateo Times and two daily free local papers, the Daily Journal and The Examiner, we will promote the project in the newsletters of community groups such as the Historical Society, Women's Club, the SSF Seniors Program, neighborhood associations, local Church bulletins, internal media of local corporations, parent packets distributed by local schools, and the monthly Chamber of Commerce newsletter. Our City's homepage has become one of the premiere vehicles to promote new library programs and services, and will be an essential promotional vehicle for this project. We will utilize our "e -notify" service to inform community members who have signed up for email notices of City programs and events. We will establish a core planning team for this project, comprised of the three main organizations and additional partners. One of the tasks of the team will be to make presentations at monthly meetings of the local service clubs such as Soroptimist, Lions Club, Rotary, and Kiwanis. Outreach efforts by the planning team, word-of-mouth promotion via Historical Society and Women's Club members, announcements and posters in City facilities, as well as the very visible presence of the story telling station in the Main Library, will encourage a variety of community members to volunteer to be part of this project and record their stories. 9. Please describe where you intend to locate the digital story station. Include the estimated size of the area, what lighting is available, the location of the area within the library, and whether it is an enclosed or semi -enclosed area. If the digital story station will be placed in a multi-purpose or meeting room, please describe how you intend to secure and prevent the use of the station while it is not in use. We are planning to locate the digital story station in our Main Library, which is open 7 days a week and has a high volume of "foot traffic". It will be placed in an open alcove of the library near a large picture window Page 3 of 6 iManage #10447 Project title: "California of the Past" Digital Story Station Pilot Program Applicant/jurisdiction: South San Francisco Public Library overlooking our neighboring scenic golf course and the beautiful vista of San Bruno Mountain. Our customers are very much attracted to this area because of the serenity of the view and the good lighting. In addition to natural light, we have installed lights on the ceiling of the alcove as well as on the right and left walls. We will provide a dark backdrop for filming. The alcove is 20 feet wide and 15 feet long and is adjacent to a new books lounge area. As an added amenity, there is a cafe in the corner of the alcove for members of the community to enjoy listening to the community stories while they are drinking a cup of espresso or latte. This area is a fairly quiet space, removed from the major activity areas in the Library, and will lend itself to quiet recording sessions. If more privacy is needed, we have some temporary "art" panels we can place in the area. The Main Library opens at 1 pm on Thursdays, so Thursday mornings may be a good time to schedule some of the recording sessions. 10. Do your public access computers have headphone jacks, or are there public access computers where the public can listen to the stories? All of our public access computers have headphone jacks, and we provide headphones upon request. Many of our "regular" patrons bring their own headphones in order to listen to their favorite news, music, etc., on the Internet. During special events or "open houses," we will enable the sound feature on one or more computers to allow for group listening of the stories. 11. Please describe how you plan to allow members of the public to view and hear the digital stories recorded. (For example: Will you be supplying headphones for members of the public to listen to and view the stories recorded on your public access computers? Will you be advising patrons they need to bring in headphones to view the digital stories? Will the public be able to view the stories on a public access computer with speakers?). And please describe any plans you may have for a community screening of the stories near the culmination of the project. We plan to combine our digital stories with the two sets of digitized historic photos that we have mounted as links from our City website. These photos were digitized as part of the state wide Shades of California Project and our local LSTA grant, Bits of History, which provided for the digitization of our collection of historic industrial photographs. They will be available through all of our Internet access workstations. We have headphones available for public use and many of our "regular" patrons bring their own headphones. In addition, the stories and a large portion of our digitized photos will be accessible on the (non Internet accessible) iMac workstation purchased as part of this grant. The stories provide considerably more information about our City's history than the captioned digital historical photographs and will provide context to these images. As part of the City of South San Francisco's Centennial Year events, we will schedule a "premiere" of the stories digitized as part of this grant. We intend to use the City Council chambers for this first showing, because it is the best venue for showcasing media products. Participants and their families and local teachers and students will be among the special invitees to the premiere. As part of the rollout, we will schedule "open houses" in which we will play the interviews on loops for our residents to get a "taste" of the stories before returning to spend more time with them. In addition, we will offer to screen the stories at a quarterly general meeting of the South San Francisco Historical Society. These meetings always include a special program, and can draw an audience of up to 100 people. Page 4 of 6 Manage #10447 Project title: "California of the Past" Digital Story Station Pilot Program Applicant/Jurisdiction: South San Francisco Public Library 12. Please describe how you plan to publicize the grant to the community at large? This project is scheduled for the City of South San Francisco's Centennial year, which will give us the opportunity to publicize our project as part of the City-wide calendar of events, articles and announcements. We anticipate scheduling several "open houses" throughout the year in which we will highlight this new resource. We recently began a seasonal music program in the adjacent lounge area of the Library, which will provide a wonderful backdrop to our collection of digitized photos and stories. The Library has excellent connections in the local news media and will place articles about the project. Our City Council encourages program presentations at the bimonthly City Council meetings; the project partners will plan an introductory and "call for participants" presentation as well as a project "rollout" presentation at two meetings. 13. Please describe your plans for continuation of the program beyond the grant year? Since "Living History" is a standing committee of the South San Francisco Historical Society, the Library will continue to partner with them in expanding this visual history archive. The Library Director is on the Board of the Historical Society and will be the lead person in maintaining the project and this important connection. A next step will be to expand our coverage to include interviews in Spanish in order to include community members who are more comfortable talking in their native language. The local schools have expressed ongoing curriculum needs to bring local history stories to their students in a medium that is interesting and informative, and this project certainly fills those needs. We will continue to work with the schools in identifying new oral history topics to film. Page 5 of 6 Wanage #10447 Project title: "California of the Past" Digital Story Station Pilot Pro Applicant/jurisdiction: South San Francisco Public Library 14. Certification. a) I affirm that the jurisdiction or agency named below is the legally designated fiscal agent for this program and is authorized to receive and expend funds for the conduct of this program. b) Children's Internet Protection Act (CIPA). Public libraries must complete, sign, and attach appropriate original CIPA form (available on the State Library website, http://www.library.ca.gov/html/grants.cfm). Name and title: Valerie Sommer Organization: South San Francisco Public Library Street/mailing address: 840 West Orange Avenue City: South San Francisco Telephone: (650) 829-3872 E-mail: Sommer@plsinfo.org County: CA Fax: (650) 829-3866 Zip+4: 94080-3125 Authorized representative: Date: wgnature Page 6 of 6 Manage #10447 DATE: July 11, 2007 TO: Honorable Mayor and City Council FROM: Valerie Sommer, Library Director SUBJECT: RESOLUTION AUTHORIZING THE ACCEPTANCE OF $4,900 IN DONATIONS AND GRANT FUNDING TO SUPPORT THE LIBRARY'S SUMMER READING CLUB AND AMENDING THE LIBRARY DEPARTMENT'S 2007/2008 OPERATING BUDGET RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the acceptance of $4,900 in donations and grant funding to support the Library's Summer Reading Club and amending the Library Department's operating budget for fiscal year 2007/2008. BACKGROUND The Library has received $1,550 in donations from anonymous Library supporters, $500 from Philanthropic Ventures Foundation, $1,000 from Friends of the Library and $1,150 from Northern California Grantmakers to fund promotional items and special programs for this year's Summer Reading Club. In addition, the Library Department has received a $700 donation from RayTana and Associates, which was generated by sponsorship at a recent car show. The Summer Reading Club encourages children and teens to read during the school break. A portion of the donations will fund a Harry Potter 7 release party and Hogwarts festival, scheduled for July 20 at 5:30 p.m. at the Municipal Services Building. FUNDING The funds will be used to amend this year's operating budget of the Library Department. Funds not expended at the end of fiscal year 2007/2008 will be carried over into fiscal year 2008/2009. Receipt of these funds does not commit the City to ongoing support after the close of the funding cycles. CONCLUSION Receipt of these funds will enable Children's Services to continue programs and services which are not otherwise funded. It is recommended that the City Council accept $4,900 in donations and grant funding to support Children's programming and amend the Library Department's fiscal year 2007/2008 operating budget. By: Valerie Sommer Library Director Appro d : M. Nagel City Manager �a�zx s�y�� 0 �+ W J O c�z1foRStaffReDort DATE: July 11, 2007 TO: The Honorable Mayor and City Council FROM: Steven T. Mattas, City Attorney AGENDA ITEM # 6 SUBJECT: Amendment to Chapter 3.12 of the South San Francisco Municipal Code RECOMMENDATION: Adopt an Ordinance Amending Section 3.12.010 of Chapter 3.12 of the South San Francisco Municipal Code BACKGROUND/DIS CUS SION: Council has previously waived reading and introduced the following ordinance. The Ordinance is now ready for adoption. AMENDMENT TO CHAPTER 3.12 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE (Introduced on 6/13/07 to 5-0) By:� Steven T. Matta City Attorney I. agel, ity Manager 2nd Reading Chapter 3.12 SSF Municipal Code - 2007 (3) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 3.12.010 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE UPDATING PERSONNEL POSITION TITLES. The City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1. SECTION 3.12.010 IS HEREBY AMENDED AS FOLLOWS: A. SUBDIVISION (a) (1): (1) Change "Personnel technician" to "Human resources technician" (2) Add position "Planning technician" B. SUBDIVISION (a)(2): (1) Change "Circulation supervisor" to "Library program manager." SECTION 2. SEVERABILITY In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 3. PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 13th day of June, 2007. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 11th day of July, 2007 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this day of , 2007. Mayor 2 DATE: July 11, 2007 TO: Honorable Mayor and City Council FROM: Marty Van Duyn, Assistant City Manager SUBJECT: RESOLUTION AMENDING THE MASTER FEE SCHEDULE TO REFLECT PARKING METER AND PERMIT RATE INCREASES RECOMMENDATION It is recommended that the City Council adopt the attached resolution amending the Master Fee Schedule to reflect the following parking rate increases: • Meters - All standard meter rates increased by $0.25 per hour; all 24 -minute meter rates increased from $0.05 for 6 minutes to $0.05 for 3 minutes. • Permits — Daily rate increase to $3.00; Monthly rate increase to $40.00; Annual Rate increase to $440.00. BACKGROUND In 2001, the City contracted for an analysis of a new parking structure to be located within the Downtown Parking District #1. From that study, several sites were identified for a potential parking garage, including lots 3, 8 & 10 along Miller Avenue, and lots 5 & 12 along Baden Avenue. The study found the number of parking spaces that could be accommodated on the various lots ranged from 117-287 spaces, based on the lot size and configuration, with costs ranging from approximately $4-5 million. It was determined that the lots along Miller provided the best development opportunity given the larger lot size. However, no funding source was identified at that time and the project was not pursued. During the past year, the City Council's Downtown Subcommittee has been regularly meeting with stakeholders in the Downtown, and the need for additional parking has been a frequent concern expressed by business operators. Subsequently, the City Council has directed staff to pursue parking garage options for the Miller Avenue site, and has directed staff to hire parking and architectural consultants to move the design process forward. Additionally, the City Council has directed staff to devise a financing plan to fund the project. Financing Plan As previously reported to the Redevelopment Agency, the current financing plan for the garage includes increased parking fees, the sale of a surface parking lot (Lot 6), and a loan from the Redevelopment Agency. Consequently, staff was directed to bring the subject parking rate increase before the Parking Place Commission for its review and recommendation. Staff Report Subiect: Parking Meter and Permit Rate Increase Page 2 of 2 The following rate increases are proposed: All metered parking spaces increased by $0.25 per hour: Meter rates currently at $0.25 per hour are proposed to increase to $0.50 per hour Meter rates currently at $0.50 per hour are proposed to increase to $0.75 per hour All 24 -minute parking spaces increased by: Meter rates for 24 -minute meters are proposed to increase from $0.05 for 6 minutes to $0.05 for 3 minutes All permit parking spaces increased by: Daily - $ 2.00 New Daily Rate - $ 3.00 Monthly - $ 30.00 New Monthly Rate - $ 40.00 Annual - $330.00 New Annual Rate - $440.00 Annual revenue in 2006-2007 was $445,000.00 for the 600 meters in the District and the daily parking permits. It is anticipated that the proposed rate increase, plus the addition of approximately 200 parking spaces should generate an additional $400,000 - $450,000 per year, but also add an estimated $121,450 to operating expenses. There would remain a shortfall in funding for the garage, which would require a loan from the Redevelopment Agency that would be repaid over time. The Parking Place Commission held a hearing on the matter on June 19, 2007, and though publicly noticed, no members of the public attended. The Commission subsequently approved the proposed rate increases. CONCLUSION: The City Council has directed staff to pursue design, construction and financing for a parking garage on Parking Lots 3, 8 & 10. Critical to the success of the proposed financing plan for this major public improvement is an increase in the fees for existing parking meters and permits. Therefore, based on the recommendation of the Parking Place Commission, it is recommended that the City Council adopt the attached resolution to increase parking meter and permit rates. By: B Marty Van Duyn arry M. Nagel Assistant City Manag City Manager Attachment: Draft Resolution RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, SPATE OF CALIFORNIA A RESOLUTION AMENDING THE MASTER FEE SCHEDULE TO REFLECT THE PARKING METER AND PARKING PERMIT RATE INCREASES. WHEREAS, a study of locations in Downtown Parking District #I has shown Miller Avenue lots 3, 8 & 10 to be the most appropriate location for development of a new parking structure; and WHEREAS, business owners have repeatedly expressed a need for additional parking in the Downtown area; and WHEREAS, the City Council has directed staff to pursue parking garage options for the Miller Avenue site, hire parking and architectural consultants, and devise a financing plan to fund the project; and WHEREAS, the proposed parking meter rate and parking permit increase is critical to the success of the financing plan for the proposed parking garage on Miller Avenue; and WHEREAS, the Parking Place Commission held a hearing on the matter on June 19, 2007 and subsequently approved the proposed rate increases. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves the Master Fee Schedule as modified to include those increased parking meter and parking permit rates specified in the staff report. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the I lth day of July, 2007 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Reso - Parking Meter_Permit Rate Increase City Clerk taff Report DATE: July 11, 2007 TO: Honorable Mayor and City Council FROM: Marty Van Duyn, Assistant City Manager AGENDA ITEM # 8 SUBJECT: REVISION TO THE MASTER FEE SCHEDULE TO ESTABLISH A GENERAL PLAN MAINTENANCE FEE RECOMMENDATION: It is recommended that the City Council adopt a resolution to revise the Master Fee Schedule to establish a General Plan Maintenance Fee to defray the ongoing costs associated with maintaining General Plan policies and programs. BACKGROUND The State of California requires that all local agencies prepare and adopt a general plan. The State recommends that the local agency update the general plan at least once every ten years. The South San Francisco General Plan was adopted by the City Council in October 1999. Since adoption, the City embarked upon many of the implementing strategies, such as establishment of the SSF BART Linear Park, adoption of the Housing Element, detailed planning for areas around the South San Francisco BART Station, establishment of the Child Care Ordinance and fee, implementation of the Transportation Demand Management (TDM) Ordinance and fee, revision to the City's Second Unit Ordinance, approval of the East of 101 Traffic Improvement Program, and preparation of engineering studies for several of the new street proposals. In most cases, the City allocated General Fund monies, totaling approximately $775,000 between 2001 and 2007, to fund these studies. In 2002, the California State Legislature approved a new law, Government Code Section 66014, that enables cities to collect fees "reasonably necessary to prepare and revise the plans and policies that a local agency is required to adopt before it can make any necessary findings and determinations." The fees may include the costs reasonably necessary to prepare a general plan and the implementation programs. However, the fees may not exceed the estimated reasonable cost of providing the service for which the fee is charged. Since 2002, several Bay Area cities have approved a General Plan Maintenance Fee, which is typically collected at the time of building permit issuance, and is based on a development project's construction value. Staff Report To: Honorable Mayor and City Council Subject: General Plan Maintenance Fee Date: July 11, 2007 Page 2 DISCUSSION Although legally adequate and current, the 1999 General Plan is approaching its tenth anniversary and will need to be updated. The 1999 General Plan and Environmental Impact Report planned for residential and non-residential development until 2020, which included the need to provide necessary infrastructure to support the growth. Due to the extraordinary growth in Research & Development ("R&D")/Office uses in the East of 101 area since 2002, the City may reach its General Plan development buildout by 2016. Therefore, City staff must begin to plan for and fund a future general plan update. Purpose of the General Plan Maintenance Fee The General Plan Maintenance Fee (Fee) would allow the City to fund a future comprehensive update of the General Plan and defray the ongoing costs associated with maintaining the General Plan policies and programs. City staff proposes the Fee be charged on all building permits, at a construction valuation rate of .0015, for new residential projects, residential additions and all non-residential projects and would be collected at the time of issuance of a building permit. Minor building permits that constitute minor alterations on residential properties (such as a roof replacement or a new water heater) would not be subject to the Fee. Fee Calculation and Basis The proposed Fee is designed to recover the cost of preparing and maintaining the future General Plan, as well as including other studies and programs necessary to make the appropriate findings and determinations in the development process. The Fee is calculated by dividing the anticipated costs for preparing the General Plan and associated implementation programs ($2.8 million dollars) over a ten-year period, which results in the need to recover $280,000 per year. A rate is then applied to value of the proposed project, as calculated for the purposes of building permit issuance, resulting in the total fee for the project. Using the Valuation Rate of 0.0015, based on the ten-year average value of all projects that would be subject to the Fee, the proposed Fee could generate $277,149.21 annually or $2.8 million dollars in ten years. (These calculations are discussed in more detail in the report attached to the proposed resolution that would adopt the Fee.) The proposed Fee would be consistent with Government Code Section 66014, as it does not exceed the estimated reasonable costs for preparing and maintaining the General Plan. The following example illustrates how the proposed Fee would be applied to a specific project. The calculation would apply to all new residential projects, residential additions and non- residential projects. Sample Project UBC Construction Valuation General Plan Valuation New Single Family Size of project @ Residential Unit - $107/s.f. _ $214,000 2,000 s.f. Factor Maintenance Fee X 0.0015 = $321.00 Staff Report To: Honorable Mayor and City Council Subject: General Plan Maintenance Fee Date: July 11, 2007 Page 3 FISCAL IMPACT The new Fee represents a source of revenue to compensate the City for the costs of preparing and maintaining the General Plan, which is estimated to be $2.8 million dollars over a ten-year period. The Fee would go into a special account to fund the future General Plan update and the associated professional services, in-house staff project management, community outreach programs, noticing, brochures, and public meetings. The costs for administering the Fee program are included in the estimated costs to prepare the General Plan update. Thus, the new Fee would offset the financial impact on the General Fund. CONCLUSION The proposed General Plan Maintenance Fee would be consistent with Government Code Section 66014, as it does not exceed the estimated reasonable costs for preparing and maintaining the General Plan. It is recommended that the City Council adopt the attached resolution pertaining to the revised the Master Fee Schedule to establish the General Plan Maintenance Fee that would be used to recover City costs incurred in updating and maintaining the General Plan and preparing related environmental documents. By: l!1 Cts Approved. d ` Marty Van Duyn, Assistant City Manager Barry M. Nagel, Manager Attachments: 1. City Council Resolution with Exhibit A (General Plan Maintenance Fee Report) RESOLUTION NO. A RESOLUTION ADOPTING A GENERAL PLAN MAINTENANCE FEETO RECOVER CITY COSTS INCURRED IN UPDATINGTHE GENERAL PLAN AND PREPARING RELATED ENVIRONMENTAL DOCUMENTS WHEREAS, the State of California requires that all local agencies prepare and adopt a general plan and recommends that the local agency update the general plan at least one every ten years; and WHEREAS, the South San Francisco General Plan (also known as the 1999 General Plan) was adopted unanimously by the City Council in October 1999 and is currently in place; and WHEREAS, all elements of the General Plan include implementing policies—which represent commitment to specific actions and programs—and, in effect, constitute an implementation program for the plan; and WHEREAS, the 1999 General Plan contains policies on the maintenance and improvement of residential and non-residential development, with a development buildout established in 2020 and includes necessary infrastructure improvements; and WHEREAS, since adoption of the 1999 General Plan, the City embarked upon many of the implementing strategies such as establishment of the SSF BART Linear Park, adoption of the Housing Element, detailed planning for areas around the South San Francisco BART Station, establishment of the Child Care Ordinance and fee, implementation of the Transportation Demand Management (TDM) Ordinance and fee, revision to the City's Second Unit Ordinance, approval of the East of 101 Traffic Improvement Program, and preparation of engineering studies for several of the new street proposals. In most cases, the City set aside General Fund budget to fund the professional services; and WHEREAS, under state law, every city must have a legally adequate and up-to-date general plan; and WHEREAS, the City will prepare a future update to the 1999 General Plan and that the preparation of the future general plan and necessary environmental documents will result in significant costs for materials and labor by both staff and consultants; and WHEREAS, a legally adequate and current general plan benefits those who with to develop property in the City and property owners who apply for various entitlements to use their property, in part because the City cannot approve development without a determination that it is consistent with a legally adequate general plan. Moreover, property owners benefit from land use planning, including a general plan that is based on current land uses, circulation, housing, and other important elements of the City's development; and WHEREAS, because state law requires that all cities maintain current general plans and that development circumstances within the city will change, it will be necessary to eventually prepare and adopt a future general plan and the associated environmental documents before the buildout period identified in the 1999 General Plan; and WHEREAS, Government Code Section 66014 enables cities to collect fees "reasonably necessary to prepare and revise the plans and policies that a local agency is required to adopt before it can make any necessary findings and determinations." The law enables local governments to charge fees for zoning variances, zoning changes, use permits, building inspections, building permits, filing, processing applications, processing maps, and planning services. The fees may include the costs reasonably necessary to prepare a general plan and the implementation programs. However, the fees may not exceed the estimated reasonable cost of providing the service for which the fee is charged. WHEREAS, the City has prepared a Report, "General Plan Maintenance Fee," to reflect the reasonable costs of providing the subject services and is attached to Exhibit A. WHEREAS, the General Plan Maintenance Fee would allow the City to fund a future comprehensive update of the General Plan and defray the ongoing costs associated with maintaining the General Plan policies and programs. The fees would be used primarily to fund outside consulting services. City staff is proposing to attach a surcharge on all building permits that would be used to fund the future General Plan update. The proposed fee would be 0.25 percent on the assessed value of a project and would be collected at the time the building permit is issued. WHEREAS, staff recommends modification of the Master Fee Schedule for 2007-08 fiscal year as set forth in Exhibit A, "General Plan Maintenance Fee," of this resolution; and WHEREAS, the new fee reflects the reasonable costs of providing the subject services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves the Master Fee Schedule as modified to include the General Plan Maintenance Fee specified in the staff report and attached as Exhibit A hereto. I hereby certify that the foregoing Resolution was introduced and adopted by the City Council of the City of South San Francisco at a Public Hearing held on the 1 lth day of July, 2007 by the following vote: EXHIBIT A GENERAL PLAN MAINTENANCE FEE REPORT General Plan Requirement The State of California requires that all local agencies prepare and adopt a general plan. The State recommends that the local agency update the general plan at least once every ten years. The South San Francisco General Plan was adopted unanimously by the City Council in October 1999 and is currently in place. All elements of the General Plan include implementing policies— which represent commitment to specific actions and programs—and, in effect, constitute an implementation program for the plan. Although legally adequate and current, the1999 General Plan is approaching its tenth anniversary and will need to be updated. The 1999 General Plan and Environmental Impact Report planned for residential and non-residential development until 2020, which included the need to provide necessary infrastructure to support the growth. Due to the extraordinary growth in Research & Development ("R&D")/Office uses since 2002, the City may reach its General Plan buildout in the East of 101 area by 2016. Therefore, City staff must begin to plan for and fund a future general plan update. Collection of Fees California Government Code Section 66014 enables cities to collect fees "reasonably necessary to prepare and revise the plans and policies that a local agency is required to adopt before it can make any necessary findings and determinations." The law enables local governments to charge fees for zoning variances, zoning changes, use permits, building inspections, building permits, filing, processing applications, processing maps, and planning services. The fees may include the costs reasonably necessary to prepare a general plan and the implementation programs. However, the fees may not exceed the estimated reasonable cost of providing the service for which the fee is charged. Since 2002, several Bay Area cities have approved a General Plan Maintenance Fee, which is collected at the time of building permit issuance and is based on a development project's construction value. Purpose of the General Plan Maintenance Fee The General Plan Maintenance Fee (Fee) would allow the City of South San Francisco to fund a future comprehensive update of the General Plan and defray the ongoing costs associated with maintaining the General Plan policies and programs. The fees would be used primarily to fund outside consulting services. City staff is proposing to attach a surcharge on all building permits that would be used to fund the future General Plan update. The proposed Fee Valuation Rate would be 0.0015 of the value of a project, as calculated for the purposes of the issuance of building permits, and would be collected at the time the building permit is issued. Exhibit A Subject: General Plan Maintenance Fee Report Date: July 11, 2007 Page 2 Projects Subject to the General Plan Maintenance Fee General Plan Maintenance Fee Imposed A General Plan Maintenance Fee (Fee), using a Valuation Factor of .00 15, shall be imposed on and paid by applicants of all new residential projects, residential additions and non-residential projects at the times, and in the amounts, and otherwise apply and be administered as prescribed below. Application of and Time of Payment of Fee All new residential projects, residential additions and non-residential projects shall pay the fee at the time of issuance of a building permit. The new residential projects, residential additions and non-residential projects are subject to the adopted floor area ratios, development standards and design standards identified in the South San Francisco General Plan, the East of 101 Area Plan and the South San Francisco Municipal Code, and may include the following approvals: a. An amendment to the General Plan or a specific plan; b. A specific plan or precise plan; C. A land use, conditional use, construction, building, or similar permit such as electrical, mechanical, plumbing, or fire; d. A variance; e. A tentative subdivision or parcel map; f. Site development review; g. A development agreement; h. Rezoning; i. Residential and non-residential Design Review; j. Any other discretionary approval granted by the Economic and Community Development Director, Chief Planner, Planning Commission, or City Council for which a finding of consistency with the General Plan is required by state law. Projects That Would be Exempted From The Fee Minor building, electrical, mechanical and plumbing subcategory permits that constitute minor alterations and do not add additional square feet of living area, storage or garage space on residential properties (such as a roof replacement) would not be subject to the Fee. Estimated Project Costs Following adoption of the 1999 General Plan, the City embarked upon many of the implementing strategies, such as establishment of the SSF BART Linear Park, adoption of the Housing Element, detailed planning for areas around the South San Francisco BART Station, establishment of the Child Care Ordinance and fee, implementation of the Transportation Exhibit A Subject: General Plan Maintenance Fee Report Date: July 11, 2007 Page 3 Demand Management (TDM) Ordinance and fee, revision to the City's Second Unit Ordinance, approval of the East of 101 Traffic Improvement Program, preparation of the comprehensive Zoning Ordinance update, and preparation of engineering studies for several of the new street proposals. In most cases, the City allocated General Fund budget dollars, totaling approximately $775,000 between 2001 and 2007, to fund these projects and studies. Table 1 lists the anticipated projects and the estimated costs of maintaining the existing General Plan and preparing for and maintaining the future General Plan and implementation studies. Table 1: List ofAnticipated Projects to Prepare and Implement General Plan Policies Task Responsibility General Plan Costs Future General Plan Pre aration General Plan Preparation Consultant Professional Services $600,000-$900,000 Environmental Impact Report Consultant Professional Services $400,0004500,000 Community Outreach In-house Staff and Consultant $50,000 Professional Services Administration and In -House Staff (assumed as 15 $157,5004210,000 Productions percent of Consultant Contract) Future Annual Review and In -House Staff $100,000 Five Year Review Housing Element Update In-house Staff and Consultant $80,0004125,000 Professional Services Subtotal $1,337,500-$1, 735, 000 Current and Future General Plan Maintenance Oyster Point Plan In-house Staff and Consultant $60,000 (Planning) Professional Services $125,000 (Geotechnical Analysis) Lindenville Plan and In-house Staff and Consultant $150,000 environmental document Professional Services East of 101 Area Plan update In-house Staff and Consultant $225,000 and environmental document Professional Services El Camino & Chestnut Plan In-house Staff and Consultant $175,000 and environmental document Professional Services Zoning Ordinance Update In-house Staff and Consultant $275,000 Professional Services Downtown Transit Village In-house Staff and Consultant $125,000 Plan Professional Services Subtotal $1,065,000 Total $2,402,500 - $2,800, 000 Sources: The costs listed above are estimates only, based on discussions with consultants companies and Staff's recent experience managing similar projects. The amount of the services may increase over time. Exhibit A Subject: General Plan Maintenance Fee Report Date: July 11, 2007 Page 4 Estimated Valuation Factor to Determine the Fee Table 2 shows the total combined valuation for commercial and residential properties from the fiscal year ending in June 1997 to the fiscal year ending in June 2005. The potential revenues from the new Fee would vary according to the percentage, listed below. The average of the combined valuation over the nine year period is approximately $185 million; however, the table also indicates that the building permit valuations are cyclical, with five fiscal years below $165 million and four fiscal years over $200 million. As noted above, the City experienced unprecedented development and growth during this period, primarily in the East of 101 area due to growth in the R&D/Office market. Table 2: Fiscal Year Building Permit Valuations Fiscal Year Total Combined Residential & Commercial Valuation Valuation Rates 0.0015 0.0025 0.0033 0.0050 1997 $105,001,522 $157,502.28 $262,503.81 $346,505.02 $ 525,007.61 1998 $131,827,390 $197,741.09 $329,568.48 $435,030.39 $ 659,136.95 1999 $160,583,691 $240,875.54 $401,459.23 $529,926.18 $ 802,918.46 2000 $202,248,677 $303,373.02 $505,621.69 $667,420.63 $1,011,243.39 2001 $293,353,906 $440,030.86 $733,384.77 $968,067.89 $1,466,769.53 2002 $282,675,865 $424,013.80 $706,689.66 $932,830.35 $1,413,379.33 2003 $162,992,146 $244,488.22 $407,480.37 $537,874.08 $ 814,960.73 2004 $112,940,152 $169,410.23 $282,350.38 $372,702.50 $ 564,700.76 2005 $211,271,900 $316,907.85 $528,179.75 $697,197.27 $1,056,359.50 Source: The City of South San Francisco, California, Comprehensive Annual Reports, 2002 — 2005. Average of Valuations from 1997 to 2005 0.0015 0.0025 0.0033 0.0050 $184,766,138.78 $277,149.21 $461,915.35 $609,728.26 $923,830.69 Fee Calculation and Basis City staff has developed a Fee designed to recover the cost of preparing the General Plan, as well as its maintenance and including other policy documents necessary to make findings and determinations in the development process. Staff estimates that the consultant and in-house staff costs associated with the preparation of the General Plan, environmental impact report, and implementing documents would be $2.8 million dollars. (See Table 1) The proposed Fee is calculated by dividing the anticipated costs for preparing the General Plan and associates implementation programs ($2.8 million dollars) by a ten-year period, which results in need to set aside $280,000 per year. As Table 2 shows, the Valuation Rate of 0.0015, Exhibit A Subject: General Plan Maintenance Fee Report Date: July 11, 2007 Page 5 if applied to the appropriate building permits for new residential, residential additions and non- residential projects, would result in the necessary level of revenue annually. Minor building permits that constitute minor alterations on residential properties (such as a roof replacement and a new water heater) would not be subject to the fee. Based on the Average of Valuations at the bottom of Table 2, the proposed Fee could generate $277,149.21 annually or $2.8 million dollars in ten years. The proposed Fee would be consistent with Government Code Section 66014, as it does not exceed the estimated reasonable costs for preparing and maintaining the General Plan. The following example illustrates how the proposed Fee would be applied to a specific project. The calculation would apply to all new residential projects, residential additions and non- residential projects. Sample Project New Single Family Residential Unit - 2,000 s.f. Fiscal Impact UBC Construction Valuation Size of project @ $107/s.f. _ $214,000 Valuation Factor X 0.0015 General Plan Maintenance Fee $321.00 The new Fee represents a source of revenue to compensate the City for the costs of preparing and maintaining the General Plan. The Fee would go into a special account to fund the future General Plan update and the associated professional services, in-house staff project management, community outreach programs, noticing, brochures, and several public meetings. The costs for administering the Fee program are included in the estimated costs to prepare the General Plan update. Thus, the new Fee would offset the financial impact on the City's General Fund. Currently, the Planning Division uses in-house staff and the General Fund budget to undertake the following important tasks: ■ Implement economic development programs, including staff support for the Bio 2007 International Convention in Boston, MA, design and printing of marketing materials, and preparation of an updated economic analysis of the biotechnology cluster. ■ Processes current planning applications, particularly those within the Redevelopment Area and for commercial and industrial properties. ■ Provides staff support to the Redevelopment Agency. ■ Coordinates planning activities and projects with actions of other City departments. ■ Oversees and coordinates changes to the City's General Plan; reviews, prepares comments, and reports on a variety of long - range and ongoing projects. To supplement staff's work, the City currently relies on a limited amount of professional services to prepare environmental documents, Zoning Ordinance updates, the Oyster Point Marina Concept Plan, the updated the East of 101 Transportation Fee, and entitlements for the Terrabay Exhibit A Subject: General Plan Maintenance Fee Report Date: July 11, 2007 Page 6 Phase III project. The City requires private developers to pay for consultant services for a specific project. However, City sponsored projects, such as the South San Francisco BART Transit Village Plan, are funded through the General Fund budget. Benefits to the City and Property Owners The proposed General Plan Maintenance Fee would assist both the City and property owners. A legally adequate and current general plan benefits those who wish to develop property in the City and property owners who apply for various entitlements to use their property, in part because the City cannot approve development without a determination that it is consistent with a legally adequate general plan. Moreover, property owners benefit from land use planning, including a general plan that is based on current land uses, circulation, housing, and other important elements of the City's development. DATE: July 11, 2007 TO: Honorable Mayor and City Council FROM: Sharon Ranals, Director of Recreation and Community Services SUBJECT: RESOLUTION APPROVING THE ORANGE MEMORIAL PARK MASTER PLAN UPDATE RECOMMENDATION: It is recommended that the City Council adopt a resolution approving the Orange Memorial Park Master Plan Update. BACKGROUND/DISCUSSION: At over 26 acres, and strategically located in the heart of South San Francisco, Orange Memorial Park is a primary parks and recreation asset that is heavily utilized by the community. In 1990 the landscape architecture and planning firm of Callander Associates was retained to develop a city-wide parks and recreation master plan; a separate master plan was created for Orange Memorial Park. That process included extensive public outreach with surveys, public meetings, workshops, and advisory committee meetings. Identified goals included: - expand park acreage - develop a strategy to allow for phased improvements as funds became available - unify and connect the north and south sections of the park divided by the canal - preserve existing trees where possible - enhance the presence of Colina Creek - improve the appearance of private fences and garages on Tennis Drive - beautify the park entrance and make the park more visible from Orange Avenue - upgrade playgrounds - improve lighting - maintain visibility of the basketball courts from Orange Avenue - provide a permanent soccer field with seating that does not block surveillance - upgrade or replace the recreation building - relocate the parks and public works operations out of the park - develop the linear park with connection to Orange Memorial Park. Staff Report Subject: Resolution Approving the Orange Memorial Park Master Plan Update July 11, 2007 Page 2 Over the past 17 years, many of these identified goals have been accomplished, in addition to other improvements, such as construction of the Sculpture Garden, a new parking lot, upgrades to the bocce facility, new picnic shelter and upgraded picnic areas and parking, planning for a dog park in conjunction with the linear park, and construction underway of a new recreation building, new restrooms, and new basketball courts. Since 1990, many changes have taken place both within the community and the park itself, including a significant increase in population, increased housing construction and density, changes in recreational uses, such as higher demand for soccer fields, creation of the annual Day in the Park, initiation of Concerts in the Park, and conversion of the old corporation yard for artist studios. In general, an increase in demand has been expressed for a variety of recreational amenities at the park, including consideration as a potential site for a new library. Two of the most important developments were demolition of the old Mazzanti greenhouses in 2006, and the potential sale of a large parcel of property adjacent to Orange Memorial Park owned by Cal Water. This opened some very real possibilities for once in a lifetime park expansion and development. However, it became apparent that there were more desired improvements than could be squeezed into the available acreage, so the need for public input, analysis of existing space, and laying out what could fit in the available acreage was evident. Past experience proved the value of having a master plan in applying for grant funds. Callander Associates was contracted to prepare an updated Master Plan for the park. A steering Committee comprised of Councilmembers Fernekes and Matsumoto, and Parks and Recreation Commissioners Sean Garrone, Judy Bush and Gary Levene met with staff and the consultants at the start of the project, and a second time to review the concepts being developed before they were presented to the public. A meeting of representatives of local sports groups was also held to better understand the need for fields. A public meeting was held on February 7, 2007 to receive feedback from the public, with approximately 150 community members in' attendance. A second public meeting was held on April 18, 2007 to review two alternate concepts prepared by Callander Associates, and to evaluate the extent to which suggestions had been heard and incorporated. A presentation was given to the Commission at the meeting of April 26, 2007. Based on public and Commission feedback on the two alternative concepts, elements from each were blended together to produce a preferred concept. Some key elements to the plan include: - maintain current location for existing location of bocce, tennis, picnics, baseball, and softball, with renovations and expansion - convert existing soccer field along Orange Avenue to a passive open turf area - construct a new soccer field, two small youth practice soccer fields, and parking lot on Calwater property - construct Pee Wee and Bronco baseball fields on Mazzanti site - create central plaza, entry plaza, and several bridges over the canal to mitigate the separation between the north and south sides of the park Staff Report Subject: Resolution Approving the Orange Memorial Park Master Plan Update July 11, 2007 Page 3 - expand the swimming pool - install a skate park on Orange Avenue. FUNDING: No funds have been allocated for park improvements beyond those committed to the current construction of the Orange Memorial Park Recreation Building, restroom, basketball courts, and site improvements. The probable construction costs for the improvements identified in the Master Plan are approximately $20 million, which include a factor for contingency and inflation. The plan has been broken down into phases that could be constructed as funds become available. The phases are prioritized to provide expanded activity space first, such as new baseball and soccer fields (Phase 1 and Phase 2), followed by conversion of the existing soccer field to passive use, expansion of bocce, the pool, and tennis courts, improvements to Orange Avenue (Phase 3) and renovation of the existing baseball fields and bleachers (Phase 4). If approved, staff will be looking for grants, developer fees, and other possible sources of funding for these phased improvements. CONCLUSION: Staff recommends that the City Council approve the Orange Park Master Plan Update. At their regular meeting of June 28, 2007 the Parks and Recreation Commission unanimously approved the proposed Orange Memorial Park Master Plan. The proposed Master Plan is a solid reflection of the input received from the public and the project stakeholders. It will serve as a resource to secure funding and guide the city over the next several years towards completion of the entire proj ect. This evening, Brian Fletcher of Callander Associates will present to the City Council an overview of the process and the proposed Orange Memorial Park Master Plan. By: 'IV"' A'Q Sharon Ranals, Director of Recreation and Community Services Attachments: 1. Resolution 2. Master Plan Approved y agel City Manager RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE ORANGE MEMORIAL PARK MASTER PLAN UPDATE WHEREAS, staff recommends approval of the Orange Memorial Park Master Plan Update, as attached hereto as Exhibit A; and WHEREAS, the Orange Memorial Park Master Plan completed in 1990 has been significantly implemented and is now out of date; and WHEREAS, acquisition of park acreage from purchase of the Mazzanti property, relocation of the corporation yards, and potentially Calwater offers a unique opportunity to expand park and recreation amenities; and WHEREAS, changes in the community and demand for recreation amenities has changed over time, and gathering public input through the Master Plan process was essential to prioritize future improvements; and WHEREAS, the current total cost estimate for completion of the entire project is $20 million; and WHEREAS, staff will use the Master Plan to pursue grant funds and potential developer fees to construct improvements in phases; and WHEREAS, at their regular meeting of June 28, 2007, the Parks and Recreation Commission unanimously approved the proposed Orange Memorial Park Master Plan Update. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves the Orange Memorial Park Master Plan Update. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the of the City of South San Francisco at a regular meeting held on the 1 lch day of July 2007 by the following vote: AYES: NAYS: ABSTAIN: ABSENT: ATTEST: Flo Derby Interim City Clerk MASTER PLAN UPDATE Orange Memorial Park July 5, 2007 prepared for the City of South San Francisco % prepared by NO "Callander Associates landscape architecture master planning urban design TABLE OF CONTENTS Section Page Executive Summary 1 ■ Site Context ■ History of Orange Memorial Park ■ 1990 Master Plan Summary ■ Existing Conditions Planning Process 5 ■ Overview ■ Project Initiation ■ Site Reconassaince and Analysis ■ Opportunities and Constraints ■ Program Development ■ Public Outreach, Conceptual Design, and Design Refinement Master Plan Summary 1 1 ■ Final Master Plan ■ Lighting and Artificial Turf Probable Construction Costs 16 Potential Funding Sources 17 M Acknowledgements 18 Appendix 19 ORANGE MEMORIAL PARK Master Plan Update LIST OF FIGURES 1. Park Location Map 1 2. Aerial of Orange Memorial Park 2 3. Parking Entrance at Chestnut Avenue 6 4. Parking Entrance at Commercial Avenue 6 5. Bridges and Plaza over Colma Creek drainage channel 6 6. Open Turf/Community Event Area 8 7. Youth Baseball Fields 9 8. Library/Performing Arts Center Option 10 9. Final Concept 1 1 10. Orange Avenue Section 12 11. Entry Plaza at Orange Avenue Perspective 12 12. Pool Building Perspective 12 13. Sculpture Garden Expansion 12 14. Skate Park Perspective 13 15. Open Turf Area Perspective 14 16. Central Plaza Perspective 15 17. Phasing Diagram 16 ORANGE MEMORIAL PARK Master Plan Update EXECUTIVE SUMMARY The recent development and growth within South San Francisco combined with recent upgrades and an increase in popularity of Orange Memorial Park create an appropriate opportunity to update the master plan. The intention of the updated master plan is to establish a vision for future improvements and to serve as a point of reference for securing funding as it is made available in the future. sem_ Site Context Colma Creek drainage channel from Orange Avenue Orange Memorial Park is centrally located in the activities and public events alike. City of South San Francisco between Orange The park is roughly divided into a North side Avenue and Chestnut Avenue, just east of El and a South side by the Colma Creek drainage Camino Real. It is situated between residential channel. The North side of the park contains neighborhoods to the North, East, and South with the acquired Mazzanti property, as well as the a commercial area to the West. The existing park is Cal Water property, which is currently under approximately 26 1/2 acres (not including adjacent negotiation for purchase by the City. Both the streets) and with the addition of the purchased Mazzanti and Cal Water properties are relatively Mazzanti property and negotiation for the purchase undeveloped. Additional park features on the of the Cal Water property, the size of the park North side include the artist studios, tennis and would increase to almost 36 acres. The size of the bocce ball courts, a sculpture garden, parking lots, park combined with its central location make it a a new recreation center, a swim center and soccer popular destination widely used for recreational % t", Sikh Hill Par -- - calff—iii Goff -ulub --4 <7 ga6' �07Ro[ial - - - - P V` .1 i s Paris.128 �'¢'' CI -101 Figure 1 - Park location map ORANGE MEMORIAL PARK Master Plan Update EXECUTIVE SUMMARY field. On the southern portion of the property there exists an empty field previously occupied by Mazzanti greenhouses, parking lots, a picnic meadow with shade structure, and a baseball and softball field. History of Orange Memorial Park The City of South Francisco was incorporated in 1908. Sixteen years after incorporation, in 1924, the community brought the need for a park and playgrounds to the attention of the City. In 1925 the City secured land for a park when the South San Francisco Land and Improvement Company deeded 20 acres to the City. A few years later, in 1929, the first plan for Orange Memorial Park was drawn up and the park was later constructed in unison with the Colma Creek drainage channel in 1933/1934. The SSF Land and Improvement Company deeded an additional 7.8 acres to the city in 1934, another 2 acres in 1947, and in 1969 the City obtained 0.5 acres from the Southern Pacific Company to form ORANGE MEMORIAL PARK 2 Master Plan Update Figure 2 - Aerial of Orange Memorial Park the 30.3 acres which is now comprised of Orange Memorial Park, Orange Ave, Memorial Drive, and Tennis Drive. From its conception, the central location and size of Orange Memorial park made it a prime asset to the community for social and recreational gatherings. The first building to be constructed on site to accommodate these gatherings was a log cabin, the Scout cabin, and was built during the 1930's. The cabin was well utilized as a meeting place for various groups and classes, but was recently torn down because of structural instability. In the1940's a concrete barbeque was built near the cabin to strengthen the community and neighborhood, although it too was torn down and replaced in 1965 by a group picnic shelter. A couple years later, in 1967, the City Corp Yard was constructed in the park, adjacent to the old Mazzanti property, and was the first permanent home of the City's Parks Department. The existing tennis court complex was built the following year, followed by the pool EXECUTIVE SUMMARY Pool building Eternal Flame Sculpture Cal Water property building in 1970, and the relocation of the Eternal Flame sculpture to the Park from City Hall in 1984. 1990 Master Plan Summary For the previous master plan the City conducted an extensive public outreach campaign including surveys, workshops, public meetings, and advisory committee meetings in order to create a new vision for the park. Once the planning process was complete development goals were established based on the information gathered. The following is a summary of the goals of the 1990 Master Plan: • Expand the park to include the Mazzanti and the Cal Water properties • Plan areas of expansion to function independently of any one area so that park can be built as monies become available • Unify and connect the north and south sections of the park divided by Colma Creek • Preserve existing trees where possible • Enhance the presence of Colma Creek in the park Old Mazzanti property • Include additional baseball fields with optimum orientation to accommodate all levels of play without overlapping fields • Minimize conflict between active and passive sports • Minimize impact of park expansion on surrounding neighborhood • Minimize visual intrusion of residential garages along Tennis Drive • Beautify park entrance and make park more visible from Orange Ave. • Provide accessible playgrounds • Provide for security surveillance and lighting throughout park • Maintain visibility of basketball courts from Orange Ave • Provide permanent soccer field with attractive seating that won't block view for surveillance • Develop linear park with connection to Orange Memorial Park 3 ORANGE MEMORIAL PARK Master Plan Update EXECUTIVE SUMMARY Existing Conditions Many changes have taken place in the 17 years that have passed since the previous master plan; both within the community and the park itself. The City of South San Francisco has grown from a population of 54,312 to almost 61,000 and the needs and desires of the community have changed with the population. Orange Memorial Park has expanded with the addition of the Mazzanti property and significant development has taken place with the addition of a sculpture garden, new parking lots, a large picnic area with barbeques and a restroom, and a new playground. A recreation center is currently under construction and includes 2 new basketball courts and restroom facilities. In addition to the recent development mentioned above, the park also includes tennis courts, bocce ball courts, an indoor pool, a soccer field, baseball and softball fields, various children play areas, and open space for both passive and active recreation. Furthermore, Orange Memorial Park serves as the location for the Farmers Market, a city organized summer concert event, Day in the Park, a car show, and various other public/private events. The first step that the City took to accomplish some of the goals generated from the 1990 master plan process was to tear down the Parks Corporation Yard and replace it with the parking lot adjacent to the tennis courts. Later on in the early 90's, the City converted the City Corporation Yard into artist studios and in 1996 purchased the 3.5 acre property from the Mazzanti family to allow for future park expansion. In the year 2000 the picnic shelter and picnic area were rebuilt followed by the sculpture garden in 2001. Tennis Drive Improvements were also completed in 2001 in order to minimize the visual impact of the existing residential garages and improve the condition and appearance of the main park entrance. Along the southern border of the park, a major Class One multi -use trail, 'Centennial Way,' has begun construction. As planned, the trail will be directly adjacent to the park parallel with Memorial Drive. This segment of the trail will include a dog park and direct linkages to Orange Memorial Park; providing a non -motorized connection to residents throughout the city. The recreation center currently under construction is located to the east of the tennis court parking lot. The City is also in the process of purchasing an additional 4.7 acres from Cal Water to achieve the goal of expanding the park. ORANGE MEMORIAL PARK Master Plan Update Overview The current planning process for updating Orange Memorial Park involved multiple steps and various input from the City and the public. The City Agencies involved in the planning process included staff from City Council, the Parks and Recreation Commission, Economic and Community Development, the Beautification Committee, Public Works, Recreation and Community Services, and Parks and Facility Maintenance. Members of the public that participated in the master plan process included representatives of youth and adult soccer, youth baseball, high school baseball, tennis, aquatics, the farmers market, bocce ball, ballet and dance, day in the park, skateboarders, public art enthusiasts, seniors, artists, people involved with summer camp, participants in the community garden, swimmers, people interested in seeing a library getting built, people interested in building Public Meeting PLANNING PROCESS a performing arts center in the City and people interested in the construction of the recreation center. Participation and suggestions from these people and groups has been a vital component of updating the master plan. Updating the Master Plan for Orange Memorial Park consisted of the following steps: • Project Initiation • Site Reconnaissance and Analysis • Program Development • Public Outreach, Conceptual Design, and Design Refinement • Final Master Plan Project Initiation The project kick-off meeting was held on December 12, 2006 to review the existing 1990 Master Plan and to gather thoughts and ideas for the future of Orange Memorial Park. The data collected was based on the committee members experience with and knowledge of the site and community. The acquisition of park expansion property was discussed along with the state of the negotiations underway for the Cal Water property. Information about the development of the project site since the 1990 Master Plan was compiled in order to understand the current condition of the park. Potential construction costs for master plan elements were touched upon along with the Public Meeting Public Meeting 5 ORANGE MEMORIAL PARK Master Plan Update PLANNING PROCESS needs and desires of the maintenance department. A schedule was created for the completion of the master plan document and means to maintain that schedule were established. Site Reconnaissance and Analysis Site visits were conducted in December 2006 and January 2007. The purpose of these visits was to familiarize team members with the location, condition, and context of the site. While at the site, Callander Associates reviewed existing relationships between park elements and analyzed the opportunities and constraints of the site. Team members walked the site, talked to park users, and compiled a photo log of the site. The site was visited during various times of the day and on both the weekend and weekday to observe the array of activities and park users during the different time periods. The extent and size of the park expansion property was examined and all this information was cataloged for use throughout the process. Opportunities and Constraints The identified opportunities and constraints for the development and expansion of Orange Memorial Park determined by the site analysis and City and public input are as follows: The 3.5 acre old Mazzanti property, the 4.7 acre Cal Water property, and the artist studios present the three greatest potential areas of expansion. All 3 areas are either undeveloped or under-utilized and when combined would add an extra 9 acres of park space. They are all linked to each other and the Mazzanti and Cal Water properties are the ideal locations for additional sports fields and open space. Expanding into these areas also would mean that the 0.6 acres community gardens would be linked to the park, which creates an opportunity to connect the park to Commercial Avenue. The community gardens and artist studios could then be relocated. Opportunities • Relocation and/or demolition of some existing park facilities to improve relationships between park use areas ORANGE MEMORIAL PARK Master Plan Update 11 Figure 3 - Parking Entrance at Chestnut Avenue Figure 4 - Parking Entrance at Commercial Avenue Colma Creek drainage channel dividing the site Calwater water wells that require relocation Existing trees that pose a problem because of their health or location PLANNING PROCESS • Covering a portion of Colma Creek drainage channel to create a stronger relationship between the two sides of the park and improve circulation • Naturalizing a portion of Colma Creek drainage channel to enhance park experience and strengthen relationship between Colma Creek and Orange Memorial Park • Utilize Cal Water property to create an entrance to the park off of Chestnut Avenue • Push all vehicular routes and parking lots to the perimeters of the park to open up the center for pedestrians • Utilize the existing mature date palms and other trees throughout the park • Relocate the community garden to better utilize space • Utilize and strengthen the lines of axis through the park Constraints • The visual appearance and divisional nature of the Colma Creek drainage channel • Limitations of relocating the water well heads at the Cal Water property • Existing eucalyptus and pine trees • The existing and proposed facilities to remain • Adjacent residences • Maintenance requirements • Possible inability to acquire Cal Water Offices property Program Development Based upon the comments and data received, site analysis, and discussions with the various sports groups and the community, a design program 7 ORANGE MEMORIAL PARK Master Plan Update PLANNING PROCESS was established. Many of the program elements that were never achieved from the 1990 master plan carried over into the new design program. A summary of the design program is as follows: • Design park so that it can be built in phases • Develop a central meeting location • Relocate and invigorate community gardens • Determine recreational priorities for fields, courts, and facilities • Examine feasibility of locating future library and/or performing arts center on site • Determine feasibility of naturalizing Colma Creek • Develop circulation through and around site • Investigate feasibility/need for field lighting • Accommodate for additional architecture • Provide screens between fields and streets and from the prevailing winds • Determine Cal Water's future needs for site • Design park for low maintenance • Design with safety in mind Public Outreach, Conceptual Design, and Design Refinement The first public meeting was held on February 7, 2007 and the turnout for the meeting was approximately 140 people and represented a good cross section of the community. Ideas and input generated in discussions with the diverse groups really helped to drive the future design of the master plan. Following is a summary of the input gathered in the meeting. • Unify and connect existing portions of the park currently divided by the Colma Creek drainage channel, existing tree rows, and vehicular routes • Design park so that it can be built in phases ORANGE MEMORIAL PARK 8 Master Plan Update • Develop a central meeting location for community events and ceremonies • Develop strong pedestrian circulation throughout site and between primary features of park • Include additional high quality youth baseball fields • Include additional high quality soccer field • Include field lighting in master plan • Enhance and expand existing bocce ball facilities • Create a windbreak for protection from prevailing winds • Incorporate a library/performing arts center into the design • Allow for future expansion of the pool building • Provide security lighting and other security features throughout park • Add more seating and picnic areas • Provide a concession/storage building for soccer and baseball Figure 6 - Open turf/community event area • Make Colma Creek drainage channel more aesthetically pleasing • Design park to still accommodate Day in the Park and the Farmers Market • Add parking in perimeter locations to create more pedestrian friendly conditions • Design park for low maintenance and good maintenance access • Use materials that are vandal resistant • Open up park to create better visibility • Add an entrance to the park off Chestnut Ave / Mission Road intersection and at Commercial Ave. • Repair or replace the existing sports fields • Plan for summer camps utilizing the park • Save as many of the healthy trees as possible • Remove sick pines and eucalyptus and replace with less messy trees • Increase pedestrian safety along Orange Ave • Design Orange Memorial park so that is ties into adjacent existing and proposed trails and parks • Build a skate park so that skaters have an appointed place to skate • Add more sculpture and art throughout the park • Design more playgrounds into the park, especially near picnic areas • Design more open spaces that can be used for both passive and active recreation Two design alternatives were produced contingent upon City and public input. The two concepts were presented to the City at the beginning of April and then to the public on April 18, 2007. Nearly 50 people attended the 2nd public meeting to provide feedback on the two designs. There were several factors that were well received in both designs including the skate park, the expanded PLANNING PROCESS Figure 7 - Youth Baseball Fields pool, the strong pedestrian axis, the entry plaza over the drainage channel at Orange Avenue, and eliminating vehicular routes in the inner portion of the park. Alternative B was generally favored over Alternative A though because of the dedicated baseball and soccer fields, the fact that the bocce ball facilities remained in the same location, the layout of the fields and their potential for lighting and artificial turf, the location of the skate park, and the open turf area in front of the recreation center. The open turf area was especially favored because it created a space for large social gatherings, like concerts, and was a feature that the community could really be proud of which was highly visible from Orange Avenue.. The aspects of Alternative A that were well received were the central plaza over the drainage channel, the larger entry plaza at Orange Avenue, and the strong connection between both sides of the park. In order to improve on the designs it was suggested that the larger plazas of Alternative A be incorporated into the design of Alternative B. The need for larger youth baseball fields was expressed along with expanding the existing sculpture garden. The artist community pointed out that the artist studios would be better off oriented in a direction to take advantage of the sun. Based upon these comments portions of both concepts were integrated into the final design (see Appendix D and E for alternatives). During the meeting the possibility of locating a library/performing arts center at Orange Memorial Park was also examined. 9 ORANGE MEMORIAL PARK Master Plan Update PLANNING PROCESS Library/Performing Arts Center Option One of the prominent concerns of a large number of people was that there currently aren't adequate facilities for children involved in dance. Orange Memorial Park was viewed as the ideal location because of its central setting. Unfortunately, locating the library/performing arts center at the park became impractical because the Cal Water property fronting Chestnut Avenue no longer was available for purchase. Without Chestnut Avenue frontage, the access, visibility and property to accommodate a library/performing arts center became greatly limited. Therefore the library/performing arts center was not included in the design. ORANGE MEMORIAL PARK 70 Master Plan Update Figure 8 - Relationship of a 60,000 library/performing arts center with required parking to site MASTER PLAN SUMMARY ORANGE MEMORIAL PARK K Final Concept Final Master Plan Due to the fact that feedback favored the design of Alternative B a larger number of features from that alternative were included in the final plan. To start off, the bocce ball facilities were renovated instead of creating all new facilities. Trees were added around the bocce ball facilities to act as a windbreak and a new shade structure was proposed over two of the courts to protect the players from the sun and rain. Furthermore, the large open space/gathering area off of Orange Avenue was retained and the soccer field was relocated. The singular use of the athletic fields favored by the public was integrated into the design along with their location away from the street fronts. The field layout used in the final concept also provides maximum flexibility in regards to the potential use of lighting and artificial turf. The soccer and baseball fields both could be fenced in and closed after hours and lighting could be designed to meet the needs of a single sport. The Figure 9 - Final Plan large open turf soccer facilities could be subdivided into numerous configurations of smaller fields to meet the demands of youth soccer. The comments received during the 2nd community meeting regarding the size of the youth baseball fields were addressed and the fields were expanded to allow for Pee Wee, Bronco, Pinto and Mustang leagues to play (ages 7 to 12, see Appendix F). The existing baseball and softball field are modified to allow for renovation; receiving new turf, fencing, backstops, bleachers, infield mix, and bases. The central plaza located over the drainage channel was incorporated into the final design due to its popularity and ability to strengthen the relationship between the north and south sides of the park. In order that parents can watch their children while picnicking in the central plaza, the existing playground was redesigned and expanded. In addition to the central plaza over the channel, three other creek crossings were included in the plan thus creating better flow and access between the ORANGE MEMORIAL PARK Master Plan Update MASTER PLAN SUMMARY yrf 3 ORANGE AVENUE ORANGE MEMORIAL PARK Orange Avenue Section two sides of the channel, especially for Day in the Park and Farmers Market. The Orange Avenue entry plaza not only creates a better connection within the park, but also strengthens the relationship to the Sister Cities Park and contributes to the pedestrian safety improvements along Orange Avenue, which include new bike lanes, parallel parking, and bulb outs at street crossings. Other key features of the plan include an expanded swim center, new parking areas along the perimeters of the park, a drop off area for the Recreation Center, a skate park, relocated community gardens and artist studios, an expanded sculpture garden, an additional tennis court and practice court, improved creek character and a pedestrian corridor linking Commercial Avenue residents to the park. Smaller improvements were also made to address some of the concerns of the public, such as, adding trees as a screen to prevent foul balls from hitting cars on the streets, relocating the Cal water wells, expanding the tennis court and pool building parking lots, and adding more picnic areas and playgrounds. Also, the City of South San Francisco is investigating the possibility of locating a recycled water treatment/distribution facility in order to utilize otherwise wasted water. Orange Memorial Park is one potential location. See Appendix D and E for the possible location of the ORANGE MEMORIAL PARK 12 Master Plan Update Figure 10 - Orange Avenue Section Figure 11 - Entry Plaza at Orange Avenue Perspective Figure 12 - Pool Building Perspective Figure 13 - Sculpture Garden Expansion MASTER PLAN SUMMARY future treatment facility. Lighting and Artificial Turf Installing lighting on the sports fields at Orange Memorial Park is a topic that the City has been considering for the last several years. In July of 2000 the City conducted a survey to assess the community's interest and thoughts about installing new lighting on the existing Orange Memorial Park soccer field. The demand for the soccer field had exceeded the availability of the field for several years and lighting would be a way to span the gap between demand and availability. The City sent out 700 letters and opinion cards to the surrounding community that specified that the lighting would be turned off no later than 10:30pm and that the design of the lighting system would work to minimize glare and spill over lighting to the maximum extent possible. The City received 168 responses, with approximately 70% of the responses in favor of installation of the lighting. In regards to the baseball fields, there is currently only one lit field at the park, the softball field at Orange Avenue. The baseball community has expressed a strong interest in installing lighting on the existing baseball field also so that the high school team has greater flexibility in the dates and times that they can play their games and practice. Lighting at the existing baseball field would also give the Colt league another venue for night games. In addition to lights at the existing fields, the City, community and sports representatives articulated that both lights and artificial turf would be preferred on the proposed youth baseball and adult soccer fields. Having both lighting and artificial turf would expand the hours in a day and the days per year that games can be played. With the artificial turf, games would not have to be canceled because the fields are still to wet from rainstorms. Other benefits of artificial turf include reduced maintenance costs and reduction of water usage. Based on community and City input, along with the results from the lighting survey of July of 2000 (see Appendix C for responses), lighting was included in the estimate for the proposed soccer and baseball fields. Putting in lights at the fields would add over 1,000 hours of playing time per field per year (assuming an average of 3 hours of extra play time per day). The installation of the artificial turf would cost roughly $1,000,000 with some of those costs recovered over time (over a period of 8 to 12 years) due to the savings in maintenance and watering expenses. The areas that would receive artificial turf would be the adult soccer field, the two proposed youth baseball fields, and the infield of the existing baseball field. 13 ORANGE MEMORIAL PARK Master Plan Update PROBABLE CONSTRUCTION COSTS Estimate of Probable Construction Costs An estimate of probable construction costs was generated for each of the two concept alternatives. Based on these numbers and through discussions with the City and feedback from the public the project was broken down into separate phases (see Figure 17). The phases were separated in a manner that allowed items to be built independently of one another to the maximum extent possible so that the project could be constructed as monies became available. The order of phases was established from a construction standpoint so that no items are eliminated before they are replaced and so that the park is built from the center outwards to keep the park connected and cohesive. A final cost estimate was generated based on the final concept plan and the phasing diagram. Per discussions with the City the estimates factored into account a construction contingency fee and inflation fees. The total cost to construct the master plan is estimated at just under 20 million dollars (see Appendix B). This cost includes construction of artificial turf soccer and baseball fields, which as stated earlier, is approximately an additional 1 million dollars. p1141 1 Ai Phase 3 Sri,' ° _J } P a e 4' a� J, .tE M+L7RlAC�PVE °•� ORANGE MEMORIAL PARK !C Phasing Diagram Figure 17 - Phasing Diagram 16 ORANGE MEMORIAL PARK Master Plan Update POTENTIAL FUNDING SOURCES Potential Funding Sources As stated in the executive summary one of the primary purposes of updating the Orange Memorial Park Master Plan is to secure funding as monies are made available in the future. The Master Plan offers a vision for the park, but funding drives the actual development of the park. Once funding is secured construction documents are created, then bid documents are compiled, and finally the site is constructed. Currently no monies have been secured for the construction of Orange Memorial Park, but several potential funding sources have been identified. • The Roberti-Z'Berg-Harris Block Grant — development or rehabilitation of park and recreational lands and facilities — requires a 50% match, typical award is $50,000 California Department of Parks and Recreation Office of Grants and Local Services PO Box 942896 Sacramento, California 94296 • Land and Water Conservation Fund — acquisition or development of outdoor recreation areas and facilities — does not have match requirement California Department of Parks and Recreation Office of Grants and Local Services PO Box 942896 Sacramento, California 94296 • Federal transportation monies from Bicycle Transportation Account, Recreational Trails Program, and Safe Routes to Schools • Park Improvements from future state bonds and/or grants • Local and private donations • Park dedication fees from local developments ORANGE MEMORIAL PARK » Master Plan Update ACKNOWLEDGEMENTS City of South San Francisco Public Works City Council Terry White, Director Richard Garbarino, Mayor Dave Venturini Pedro Gonzalez, Vice mayor Mary Bates Joe Fernekes Economic and Community Mark Addiego Development/Planning Karyl Matsumoto Chad Smalley Parks and Recreation Commission Norma Fragosa Gary Levene Beautification Committee Sean Garrone Jo Zemke Judy Bush Margie Casagrande Prudenc[a Nelson City Sports Leagues Representatives Dave Gallagher Mike Pizzo, Adult Soccer Janine Greenwald David Lucha, Youth Soccer Recreation and Community Services John Finnegan, Pee Wee and Colt Baseball Sharon Ranals, Director John Bernardini, Mustang, Bronco and Pinto Gus Vellis Jim Elder, T -ball Tim Chenette Matt Schaukowitch, SSFHS Baseball John Wong Consultant Team Kell[ Jo Cullinan Callander Associates Joe Hunz[ker Brian Fletcher, Principal -in -Charge Laura Armanino Matt Gruber, Project Manager Sue Perott[ Sarah Palmer, Project Assistant Elaine Porter Likun Cao, Project Assistant Danelle Dixon Kim Downes, Project Assistant Valerie Sommer 18 ORANGE MEMORIAL PARK Master Plan Update APPENDIX Appendix A: Meeting Minutes Appendix B: Estimate of Probable Construction Costs — Final Concept Appendix C: Lighting Survey for Orange Memorial Park Appendix D: Concept Plan — Alternative A Appendix E: Concept Plan — Alternative B Appendix F: Final Master Plan Appendix G: Park Material Boards ORANGE MEMORIAL PARK 79 Master Plan Update APPENDIX A ORANGE MEMORIAL PARK Master Plan Update Meeting Summary Orange Park Master Plan Update Steering Committee Meeting #1 Location: Municipal Services Building, Betty Weber Room, 33 Arroyo Drive, South San Francisco Date: Tuesday, December 12, 2006 Page 1 Attendees: Steering Committee: Sharon Ranals, Director of Recreation and Community Services, sharon.ranals@ssf.net (SR) Terry White, Director of Public Works, terry.white@ssf.net (TW) Sean Garrone, Parks and Recreation Commission, seangarrone@yahoo.com Gary Levene, Parks and Recreation Commission, gary.levene@sfgov.org Judy Bush, Parks and Recreation Commission, jbindian@yahoo.com Mary Bates, Superintendent of Parks and Facility Maintenance, mary.bates@ssf.net Karyl Matsumoto, City Council Member, karyl.matsumoto@ssf.net Joe Fernekes, City Council Member, joe.fernekes@ssf.net Sue Perotti, Recreation and Community Service Manager, sue.perotti@ssf.net Consultants: Brian Fletcher, Callander Associates (CA) Matt Gruber, Callander Associates (CA) The following information was discussed and/or decided upon in our meeting. item person to follow up Park Expansion • Mazzanti property has been purchased by City • City under negotiations to purchase both Cal Water properties • Cal Water would like to retain access to aquifer, but well locations can be relocated Meeting Summary Orange Memorial Park Steering Committee Meeting #1 - Location: Municipal Services Building, Betty Weber Room, 33 Arroyo Drive, South San Francisco Date: Tuesday, December 12, 2006 Page 2 Future of Orange Park • Sports fields are overused causing maintenance problems provide multiple sports fields to alternate use with repair CA • Study how to maximize use of park CA • Possible expansion of bocce ball courts — provide enclosed court and walking, seating, eating areas CA • Address locating a library on Cal Water site off of Chestnut Ave. with back abutting park CA • Address a designated area for artist studios (not necessarily in the park) CA • Possibly locate an additional 2 basketball courts within park CA • Possibly locate wind block at side of park with prevailing winds CA • Designate a concert area (not necessarily an amphitheatre) in central area that does not disrupt sport activities CA • Address locating more picnic areas, possibly another enclosed picnic area as existing is regularly booked —potential area for baseball opening ceremonies and other events CA • Keep in mind annual car show • Possibly provide a putting green/surface CA • Investigate community and San Mateo Flood Control Districts input as far as opening up/naturalizing Colma Creek CA • Existing bridges limit accessibility at park —possibly locate plaza over Colma drainage channel to open accessibility CA • Look at Mazzanti property on south side of Colma channel for relocation of community gardens CA • Community gardens —design to be more attractive, possibly locate greenhouse within gardens for potential City growing grounds CA 06078MeetingSummary12-13-06. doc © copyrighted 2006 Callander Associates Landscape Architecture, Inc. Meeting Summary Orange Memorial Park Steering Committee Meeting #1 Location: Municipal Services Building, Betty Weber Room, 33 Arroyo Drive, South San Francisco Date: Tuesday, December 12, 2006 Page 3 • Potentially design specialty gardens for educational purposes (butterfly gardens, healing gardens, herb gardens) CA • Possibly add more sites for sculptures throughout the park site CA • Potentially re -locate Historical Museum to Orange Park CA • Environmental education —learning area for how to compost, teach children environmental education and the importance of parks CA • Improve Orange Ave. frontage area—aesthetics, get parking off streets and into lots, narrow street to make more pedestrian friendly, create area to congregate so as to pull people off street CA • Improve circulation at Orange Ave. and Memorial Drive intersection CA • Possibly provide some type of screen/ shield at baseball field to prevent foul balls from hitting cars on Orange Ave. CA • Orange Park improvements should work in conjunction with Centennial Way project CA • Tie walking trails at Orange Park into Centennial Way CA • Provide for future expansion of Orange Pool (baby pool, play elements) CA • Design should be low maintenance and provide for maintenance access — native planting, wide (8' min.) sidewalks where maintenance vehicles might need to travel CA • Determine playground demands for community and what type of equipment is currently popular CA • Get community input on skatepark CA • Plan for more soccer fields than 1990 master plan and less baseball fields CA • Possibly provide for a shared concessions stand CA • Provide for more restrooms CA 06078 MeetingSummary12-13-06. doc © copyrighted 2006 Callander Associates Landscape Architecture, Inc. Meeting Summary Orange Memorial Park Steering Committee Meeting #1 Location: Municipal Services Building, Betty Weber Room, 33 Arroyo Drive, South San Francisco Date: Tuesday, December 12, 2006 Page 4 • Consider locating bus stops at Orange Ave. and Chestnut Ave TW/CA • Create program to coordinate signage, locate map kiosks at key locations around park CA • Possibly install a tennis backboard CA • Investigate impact/ possibility of proper lighting for soccer fields, tennis courts, bocce ball, sports fields and park in general —with CA lighting the City could rent fields... find survey about residents CA feelings about impact of lights on their living/property conducted by City 5-6 years ago CA/SR • Locate seating throughout park and determine locations where CA bleachers are needed and how to make them attractive CA • Make sure plan is current with the needs and wants of the CA community CA • More storage space for equipment is needed at park CA • Guidelines for materials and finishes that are graffiti resistant should be specified in plans CA • Plan should address safety issues of park—back areas of park are dark and dangerous at night—provide amenities to improve situation such as lighting and low planting CA • Master Plan should have phasing and provide alternatives CA • Cost estimate should account for increases in cost of materials, labor and inflation over time CA • Cost estimate should account for park maintenance CA • Master plan should investigate sponsorship potentials and other potential revenue generators CA -END- 06078MeetingSummaryl2-13-06.doc © copyrighted 2006 Callander Associates Landscape Architecture, Inc. Meeting Summary Orange Memorial Park Steering Committee Meeting #1 Location: Municipal Services Building, Betty Weber Room, 33 Arroyo Drive, South San Francisco Date: Tuesday, December 12, 2006 Page 5 The information above is Callander Associates' understanding of items discussed and decisions reached at the meeting. Callander Associates is proceeding with the project based on this understanding. If you have any questions, additions, or corrections to this memo, please contact this office in writing within 3 days. Submitted by: Matt Gruber cc: All attendees 06078MeetingSummaryl2-13-06.doc © copyrighted 2006 Callander Associates Landscape Architecture, Inc. Via Email Only January 31, 2007 Meeting Summary Orange Park Master Plan Update Sports Representative Meeting #1 Location: Municipal Services Building, 33 Arroyo Drive, South San Francisco Date: Wednesday, January 31, 2007 Page 1 Attendees: City Representatives: Sharon Ranals, Director of Recreation and Community Services, sharon.ranalsCssf.net (SR) Terry White, Director of Public Works, terry.white t�ssf.net (TW) Tim Chenette, Parks and Recreation Supervisor, tirn.chenette`t ssfnet.com (TC) Mary Bates, Superintendent of Parks and Facility Maintenance, marv.bate,,@s4.net (MB) David Venturini, Parks and Facility Maintenance, david.venturini rssf.net (DV) Norman Gok, Norman.gokCussf.net (NG) Sue Perotti, Recreation and Community Service Manager, sue. yerotti(�2-ssf.net (SP) Sports Representatives: Mike Pizzo, Adult Soccer League Representative, ,'s&occer %aol.com (MP) David Lucha, Youth Soccer League Representative, ssfu�?s11 Crsbcglobal.net (DL) John Finnegan, Pee Wee and Colt Baseball Representative, finne4 Cycomcast.net (JF) Jim Bernardini, Mustang, Bronco and Pinto Baseball Rep., jim ,Iefh ssf)ortscards.com (JB) Jim Elder, T -ball Baseball Rep., ssfbaseballacomcast.net (JE) Matt Schaukowitch, SSFHS Baseball Coach, mschatrkov�-itcbC�ssfusd.or,,r (MS) Consultants: Brian Fletcher, Callander Associates (CA) Matt Gruber, Callander Associates (CA) The following information was discussed and/or decided upon in our meeting. item person to follow un r General Conditions of Fields • Primary time of use of fields is after 4:30 pm • Quality of existing baseball and soccer fields is very poor Meeting Summary Orange Memorial Park Steering Committee Meeting #1 Location: Municipal Services Building, 33 Arroyo Drive, South San Francisco Date: Wednesday, January 31, 2007 Page 2 • City leagues are spending their own time and money to repair fields... divots, holes, gopher mounds • Overall lack of space for practices, both baseball and soccer • SSF lacks a high quality, games only baseball and soccer field • Orange Park o Soccer - Field is approx. 110 x 66 yds and is used primarily for adult league Sunday soccer games o Baseball - Used for baseball with 1 game on Fridays for Pee Wee. League likes to organize it so that all the teams get to play at least 1 game under the lights per season on the softball field. The baseball field is SSFHS's primary field for practice and games. The baseball infield is in very poor condition and leaf litter and tree debris is a huge problem • Terrabay School o Soccer - Field needs to be plugged. Field size is approx. 110 x 63yds. The field is used for spill over games and for U10 and U12 teams, but mostly used for practice. The adult soccer team relies heavily on field for practice because it has lights. Adult soccer often has to leave because of conflicts with softball. Field is used for youth club tournament in August o Baseball - Used as practice field for Pee Wees and Mustangs. Softball field is location for Rec. softball league • Alta Loma School o Soccer - Field is approx. 130 x 63 yds. and is in the worst condition of all the fields. Field needs to be plugged and fertilized. Location of main pitches for U6 and U10; U12 plays games here too. o Baseball - Location of games for Pee Wees on Sunday and Broncos the rest of the week. Practice location for Pee Wees 06078MeetingSummary1-31-07.doc © copyrighted 2006 Callander Associates Landscape Architecture, Inc. Meeting Summary Orange Memorial Park Steering Committee Meeting #1 Location: Municipal Services Building, 33 Arroyo Drive, South San Francisco Date: Wednesday, January 31, 2007 Page 3 and Broncos all week. Has a concession stand, but it is used as storage for fencing. Would like to have separate area for storing fencing like fencing at Buri Buri, but taller. Slight parking problems during peak hours • Westborough School o Soccer - Field is approx 120 x 62 yds. and is in the best condition of all the fields. Field is used for youth club tournament in August and Sunday games for U18 o Baseball - Used as practice field only by Pee Wees and Mustangs • Avalon o Condition of field is very nice, but size is limited. It is used as practice field for Pintos and Mustangs w/ games on sundays • Buri Buri Park o The baseball field lay out is the best of all the parks and the bathrooms are located conveniently near the fields. • Buri Buri School o There are 2 fields, 1 large and 1 small. The large field is adequate for the needs of the 9-10 yr. olds as an overflow field, but the small field is used as practice only and has issues with proximity to playground and the infield is inadequate. • Brentwood - Practice field only for Pintos • Spruce - Practice field only for Pintos • Paradise Valley - Adequate practice site and location of make-up games for Pee Wees • SSFHS - Practice location only. Although size of baseball field is okay, the field is inadequate due to lay out 06078MeetingSummary1-31-07.doc © copyrighted 2006 Callander Associates Landscape Architecture, Inc. Meeting Summary Orange Memorial Park Steering Committee Meeting #1 Location: Municipal Services Building, 33 Arroyo Drive, South San Francisco Date: Wednesday, January 31, 2007 Page 4 • Foxridge - Used as baseball practice field only and has serious maintenance issues such as weeds make infield indistinguishable from outfield, conflicts with daycare center • Ponderosa - Used as practice field for Pee Wees and for make-up games. Conflict w/ girls softball on wed/thurs. Has scheduling issues • Southwood - Field is in good shape and used as game site only for Pony League. Scheduling and parking can be a problem. City is installing batting cage here • Parkway Heights - Fields are in poor shape and used as practice site for Pony General Conditions • City of South San Francisco is growing and the amount of fields being built is not keeping pace with the population Soccer Leagues • There are 2 different leagues for soccer o Youth Soccer - 2 seasons: Fall season from Sept. -Nov and Spring season from March -June ■ Under 6 (U6) ■ Under 8 (U8) ■ Under 10 (U10) ■ Under 12 (U12) ■ Under 18 (U18) o Adult Soccer 2 seasons: Sept -Dec. and Feb. -May • Would like to have high quality soccer complex with at least 2 fields, storage and restroom facilities 06078MeetingSummary1-31-07. doc © copyrighted 2006 Callander Associates Landscape Architecture, Inc. Meeting Summary Orange Memorial Park Steering Committee Meeting #1 Location: Municipal Services Building, 33 Arroyo Drive, South San Francisco Date: Wednesday, January 31, 2007 Page 5 Baseball Leagues • There are 3 different levels for baseball o Youth Baseball ■ T -Ball - ages 5-6 which plays from end of March to mid-June, with practice beginning as early as Feb. ■ Pinto - ages 7-8 ■ Mustang - ages 9-10 ■ Pee Wee - ages 7-10 ■ Bronco - ages 11-12, 13-14 ■ Pony - ages 15-16 ■ Colt - ages 15-16 o High School Baseball - season runs from end of January to mid. May. Fall ball is from Sept. to Dec. Must play 22 games before May 7 rain or shine and games cannot be on Sunday. It is very hard to reschedule play at Orange Park o Adult Softball - season begins April 23 • Worried about flow over from San Bruno T -Ball, which has been cut starting this year • See field chart for schedules • Approx. 70 teams vying for fields every week • Would like to see high class, organized baseball complex Orange Park • Should be high quality baseball and soccer fields for games • Should be extra space for practices besides the fields • Both baseball and soccer would like to have a lighted field • Existing baseball field has serious issues with tree and leaf litter • It is suggested that existing baseball infield be artificial turf 06078MeetingSummary1-31-07.doc © copyrighted 2006 Callander Associates Landscape Architecture, Inc. Meeting Summary Orange Memorial Park Steering Committee Meeting #1 Location: Municipal Services Building, 33 Arroyo Drive, South San Francisco Date: Wednesday, January 31, 2007 Page 6 • Renovate existing baseball and softball dugouts so they are not sunk below rest of field so as to stop loitering problems • Would like to have centrally located concession stand with grills to serve snacks, nachos, soda, burgers, etc. • Extra storage space is needed for soccer and baseball equipment • Soccer would like to have movable goals so they could take them down and lock them up after games to discourage public use • There are more ideal spaces for an artificial turf soccer field unless City can figure out way to regulate field usage and install lights • Soccer and baseball are not opposed to sharing field space as long as the infield is not a part of the soccer field. • A tall fence or net to stop foul balls from going into the creek would be appreciated • Provide screen or fence to prevent soccer balls from going out into Orange Avenue • Parking is a major issue during peak hours, in part because of the farmers market held on Saturday • Provide entrance from Chestnut Avenue, but make sure that there is no throughway to Orange • Provide barriers to stop cars from driving up onto the fields • Allow for more trash cans -END- The information above is Callander Associates' understanding of items discussed and decisions reached at the meeting. Callander Associates is proceeding with the project based on this understanding. If you have any questions, additions, or corrections to this memo, please contact this office in writing within 3 days. 06078MeetingSummary1-31-07. doc © copyrighted 2006 Callander Associates Landscape Architecture, Inc. Meeting Summary Orange Memorial Park Steering Committee Meeting #1 Location: Municipal Services Building, 33 Arroyo Drive, South San Francisco Date: Wednesday, January 31, 2007 Page 7 Submitted by: Matt Gruber cc: All attendees 06078MeetingSummary1-31-07.doc copyrighted 2006 Callander Associates Landscape Architecture, Inc. Via Email Only February 13, 2007 Meeting Summary Orange Park Master Plan Update Community Meeting #1 Location: Municipal Services Building, 33 Arroyo Drive, South San Francisco Date: Wednesday, February 7, 2007 Page 1 Attendees: City Representatives: Richard Garbarino, Mayor, richard.garbarinort�sf.net Pedro Gonzalez, Vice Mayor, �cdro.gonzalez<<ss£nct Joe Fernekes, City Council Member, joe.fernekes<,-'ssf.net Mark Addiego, City Council Member, mark.addiego%s4.net Karyl Matsumoto, City Council Member, karvl.matsunu0tC00'--t.net Sean Garrone, Parks and Recreation Commission, seangarroneZ,vahoo.com Gary Levene, Parks and Recreation Commission, t ars .le% ene:< Ifgo\ .org Judy Bush, Parks and Recreation Commission, jbindian(it�vahoo.com Pablo Gonzalez, Parks and Recreation Commission, gonzalezi- smcccl.net Prudencia Nelson, Parks and Recreation Commission, p�ieb on_it«wahoo.corn Sharon Ranals, Director of Recreation and Community Services, sliaron.ranab't +sst.net Terry White, Director of Public Works, terrNT.NN-hitej( ssf.net Tim Chenette, Parks and Recreation Supervisor, tim.chenette(<+,ssf.net. Mary Bates, Superintendent of Parks and Facility Maintenance, marv.bates� "I.nut Gus Vellis, Recreation and Community Services Supervisor, ;gus.vellisCs%ssf.net John Wong, Recreation and Community Services Supervisor, iohn.�N on"""I'jstLInet Kelli Jo Cullinan, Recreation and Community Services Supervisor, kclli.cullinanC�?ssf.net Joe Hunziker, Recreation and Community Services Supervisor, joe.hnnziker«.5sf.net Dave Venturini, Parks Supervisor, day e.venturinifawssf.net Laura Armanino, Recreation and Community Services Coordinator, laura.arrnanino'ssf.net Danelle Dixon, After School Program Coordinator, cianelle.dixon�i?ssf.net Valerie Sommer, Library Director, \ aIerie.sommer&ssf.net Chad Smalley, Planner, clladrick.sniallcti��' .saf.inet Jo Zemke, Beautification Committee, thezemkesCeaol.com Margie Casagrande, Beautification Committee, bigcasa a?rcn.com Consultants: Brian Fletcher, Callander Associates, (CA), bfletcherfs,�,callanderassociates.conl Matt Gruber, Callander Associates, (CA), m,-ruber i)callandcrassociates.com Meeting Summary Orange Memorial Park Community Meeting #1 Location: Municipal Services Building, 33 Arroyo Drive, South San Francisco Date: Wednesday, February 7, 2007 Page 2 The following information was discussed and/or decided upon in our meeting. What people like about Orange Park • Central location • Concerts in the park • Variety of activities, multiple recreational opportunities and fields • Well maintained • The visibility of the park from Orange Avenue • Aesthetics and open space • The sculpture garden and artist studios • Farmers Market and Day in the Park • The pool and playgrounds, and the open view to the playgrounds so parents can keep an eye on their children • The pathways and connections to trails (ie, Sister Cities Park) • The mature trees • The picnic areas and barbecues • The classes and activities that are offered at the park • Bocce ball and tennis courts How Orange Park can be improved • Build a Performing Arts/Cultural Theatre with classrooms for dance and cultural activities • Extend the park by purchasing the Cal Water property • Build a skate park so skaters have an appointed place to skate • A library with a flower garden, cafe, and community rooms for classes, daycare, seminars, workshops, meetings, etc. • Make Colma Creek look a little more natural • Increase the size of the pool facilities... creating a larger pool, a kiddie pool, warm water pool for seniors • Better drainage 06078PubMtgSummary2-7-07.doc copyrighted 2007 Callander Associates Landscape Architecture, Inc. s Meeting Summary Orange Memorial Park Community Meeting #1 Location: Municipal Services Building, 33 Arroyo Drive, South San Francisco Date: Wednesday, February 7, 2007 Page 3 • Better maintenance of the pool facilities • Better security... from lighting to cameras to foot patrols to volunteer security guards to an emergency phone • Flower garden • Providing more accessibility... an accessible bridge especially • Add a par course for walkers • Trim or remove trees that are dead or cause litter on courts/fields • Sports complex with baseball fields, soccer fields, bleachers, concessions, batting cage • Lighting for sports fields • Artificial turf soccer and baseball fields • Locate a children's play area close to the covered picnic area • Basketball courts with lights • Outdoor theatre • Lights for tennis and bocce ball courts • More lighting... pathway lighting and lighting around buildings • A playground with swings with seatbelts for smaller children • An after school care center for both children and teens • An area for the artist community with buildings and a gazebo • More restrooms with motion activated lights and faucets • More seating and picnic areas • A tot lot • Leave restroom unlocked longer • Better looking fence around Colma Creek • A line of trees to provide a wind break on the side of the park with prevailing winds What should be addressed in the new Master Plan • Carefully design parking so it blends in with park and doesn't dominate the view • A performing/cultural arts center with classrooms for dance • Artist studio space 06078PubMtgSummary2-7-07.doc copyrighted 2007 Callander Associates Landscape Architecture, Inc. e Meeting Summary Orange Memorial Park Community Meeting #1 Location: Municipal Services Building, 33 Arroyo Drive, South San Francisco Date: Wednesday, February 7, 2007 Page 4 • Library/museum near Chestnut Avenue • An expansion of the pool for seniors and young children • A skateboard park • Nice soccer fields • Outlining an efficient way to pay for maintenance and implementation of a maintenance program • More open spaces • Basketball courts • No plants with thorns • Walking path with par course • Volleyball court, hard court and sand court • Plan for summer camps and activities associated with them • A dance studio • Lighting for sports fields • Bleachers for existing and new soccer fields • Two more tennis courts and a tennis wall for lessons • An enclosed area for canine classes • A pee wee baseball field • Save as many trees as possible because they are part of the identity of park • Keep community garden • Space for badminton courts • More privacy in pool dressing areas • Accessible bathroom with companion stalls • Replacing and/or repairing existing sports fields and courts • Build an amphiteater for local bands and other outdoor performances • Provide an entrance/access to park off Chestnut Avenue • Include a demographic survey with Master Plan • New moveable soccer goals with storage space to lock them up • Create a lighting plan 06078PubMtgSummary2-7-07.doc copyrighted 2007 Callander Associates Landscape Architecture, Inc. Meeting Summary Orange Memorial Park Community Meeting #1 Location: Municipal Services Building, 33 Arroyo Drive, South San Francisco Date: Wednesday, February 7, 2007 Page 5 • Provide a plan to help fund park • Replace existing bocce ball courts with synthetic surfaced courts, add more courts, provide lighting, seating for fans, and install concrete side boards • Remove sick pines and replace with more trees that aren't as messy • Provide a central plaza in between bocce ball courts and picnic area over the creek • Consider an alternative location for the Farmers Market • Provide more parking • Design to allow better security through lights, sight lines, cameras, etc. • Add more bike racks and drinking fountains • Safer bus stops • Stop sign or signal at Orange/Railroad intersection • Move soccer field to the interior of the park to create more passive open space for the frontage along Orange Avenue -END- The information above is Callander Associates' understanding of items discussed and decisions reached at the meeting. Callander Associates is proceeding with the project based on this understanding. If you have any questions, additions, or corrections to this memo, please contact this office in writing within 3 days. Submitted by: Matt Gruber cc: All attendees 06078PubMtgSummary2-7-07.doc © copyrighted 2007 Callander Associates Landscape Architecture, Inc. Via Email Only April 25, 2007 Meeting Summary Orange Park Master Plan Update Community Meeting #2 Location: Municipal Services Building, 33 Arroyo Drive, South San Francisco Date: Wednesday, April 18, 2007 Page 1 Attendees: City Representatives: Richard Garbarino, Mayor, richard., arbarino<<�)ssf.net Pedro Gonzalez, Vice Mayor, pedro.gornzalez «,ssf.nct Joe Femekes, City Council Member, joe.fernekes�:l ssf.net Karyl Matumoto, City Council Member, karyl.matsumoto«-,,4.net Mark Addiego, City Council Member, Mark. /Wdiegoi<r`.ssf.net Sean Garrone, Parks and Recreation Commission, ,ea iigarrone(tyahooxom Judy Bush, Parks and Recreation Commission, jbindian(�Dy ahooxom Prudencia Nelson, Parks and Recreation Commission, p�nelson 7«,N°ahoo.com Sharon Ranals, Director of Recreation and Community Services, sharon.ranalsC�sssf.net Terry White, Director of Public Works, term .white«t/5sf.net Tim Chenette, Parks and Recreation Supervisor, tim.chcnettcCNsf.nct. Gus Vellis, Recreation and Community Services Supervisor, gus.v elks «-ssf.net John Wong, Recreation and Community Services Supervisor, john.wong' ,ssf.net Kelli Jo Cullinan, Recreation and Community Services Supervisor, kelli.cullinan(�l,ssf.net Elaine Porter, Recreation and Community Services Supervisor, elaine.porter�ssf.net Dave Venturini, Parks Supervisor, day e.N enturini's%ssf.net Sue Perotti, Recreation and Community Services Supervisor, sue. perotti(a�-ssf.net Chad Smalley, Planner, cha(jricksmaIlev-,�,)sst.net Consultants: Brian Fletcher, Callander Associates, (CA), bfletchei- � callanderassociates.com Matt Gruber, Callander Associates, (CA), m,,-,ruber ,,callanderassociates.com The following information was discussed and/or decided upon in our meeting. What people like about Concept Plan Alternative A 0 The expanded pool Meeting Summary Orange Memorial Park Community Meeting #2 Location: Municipal Services Building, 33 Arroyo Drive, South San Francisco Date: Wednesday, April 18, 2007 Page 2 • The joint use of the baseball and soccer fields • The pedestrian plaza over Colma Creek at Orange Avenue • Skate Park • There are multiple baseball and soccer fields in the park, especially that there are 2 soccer fields instead of just one • The stronger relationship between the two sides of the park through the plazas over Colma Creek • The sculpture garden and possibility of additional art pieces throughout the park What people like about Concept Plan Alternative B • Expanded pool • Open turf area in front of Recreation Center and the ability to hold concert series there • Skate Park • The possibility for artificial turf soccer and baseball fields • The possibility for lighting, either at the time of installation of fields or at a future date when City has required monies, for both the soccer and baseball fields • The dedicated soccer field with practice area • The dedicated baseball fields How concepts can be improved • Instead of T -Ball field, design a field to be used by Pee Wee, Pinto and Mustang of a size approximately 185' long down the lines and 200' to center • Current Mustang baseball field should be Bronco field of a size approximately 225' down the line and 250' to center • Insert Colma Creek Plaza from Alternative A into Alternative B • Expand the sculpture garden • Include local art pieces throughout the park • Orient artist studios so that the front of the studio is aligned with the sun ... to the south or west 06078PubMtgSummary4-18-07.doc © copyrighted 2007 Callander Associates Landscape Architecture, Inc. Meeting Summary Orange Memorial Park Community Meeting #2 Location: Municipal Services Building, 33 Arroyo Drive, South San Francisco Date: Wednesday, April 18, 2007 Page 3 • For the pool expansion, add one additional larger pool instead of 2 additional smaller pools • Include more outdoor performance areas of various sizes and utilize picnic areas for multiple purposes Additional comments and concerns regarding the concepts • Existing softball and baseball field can potentially be used as a soccer field (300'x201') for tournaments only • Concern that the open turf area in Option B would not be well utilized when a concert isn't taking place • Would like to see additional local art pieces throughout the park, especially around the open turf concert area in Option B • The picnic area in Option B can be reduced in size to expand the soccer area • The concept of naturalizing a portion of Colma Creek is intellectually interesting • Look at possibility of covering more of Colma Creek to allow for better access and connectivity • Add necessary security and pathway lighting • The artist studios need vehicle access, although not necessarily a dedicated road • Disappointment was expressed in the lack of a performing arts center in the plan. The performing arts people feel like they are last on the agenda -END- The information above is Callander Associates' understanding of items discussed and decisions reached at the meeting. Callander Associates is proceeding with the project based on this understanding. If you have any questions, additions, or corrections to this memo, please contact this office in writing within 3 days. Submitted by: Matt Gruber cc: All attendees 06078PubMtgSummary4-18-07.doc copyrighted 2007 Callander Associates Landscape Architecture, Inc. Via Email Only April 26, 2007 Meeting Summary Orange Park Master Plan Update Community Meeting #2 Location: Municipal Services Building, 33 Arroyo Drive, South San Francisco Date: Thursday, April 26, 2007 Page 1 Attendees: City Representatives: Sean Garrone, Parks and Recreation Commission, seangarrone`r vahoo.cc)m Judy Bush, Parks and Recreation Commission, ibi_ndianZt:\ ahoo.com Prudencia Nelson, Parks and Recreation Commission, pfinekon27 \ ahoo.com Gary Levene, Parks and Recreation Commission, ene st'gt or�r Dave Gallagher, Parks and Recreation Commission, dga11-')1786(t lic)tn.a.il.com Janine Greenwald, Parks and Recreation Commission, jtgreemvald(r' Iflm.com Sharon Ranals, Director of Recreation and Community Services, sharon.ranalGs-f.net Tim Chenette, Parks and Recreation Supervisor, tim.chenetteAsst.net. Sue Perotti, Recreation and Community Services Supervisor, sue. perottiCdssf.net Consultants: Brian Fletcher, Callander Associates, (CA), bfletciher��l,,c_illanderassociatrs.cotn Matt Gruber, Callander Associates, (CA), m niber callanderassociates.cc>nr The following information was discussed and/or decided upon in our meeting. What commission likes about Concept Plan Alternative A • Likes location of skate park, but it does conflict with heritage tree location • Likes how Colma Creek central plaza unites the two sides of the park • Size and location of Colma Creek central plaza • Large entry plaza at Orange Ave. over Colma Creek What commission likes about Concept Plan Alternative B • The open circular turf area off of Orange Ave. because it provides a highly visible, visually appealing gathering location for community Meeting Summary Orange Memorial Park Community Meeting #2 Location: Municipal Services Building, 33 Arroyo Drive, South San Francisco Date: Wednesday, April 18, 2007 Page 2 • The fact that there are dedicated soccer and baseball fields • There is an adequate amount of parking • Skate park is close to recreation center • The relocation of the soccer fields to the previous Cal water property, which will relieve some of the parking problems on the East side of the park on Saturdays • Keeping the bocce ball courts in the same location How concepts can be improved • Locate Colma Creek central plaza from alternative A into alternative B • Slightly increase size of the entry plaza at Orange Ave. over Colma Creek in alternative B Additional comments and concerns regarding the concepts • Heritage tree in center of skate park in alternative A • Concern with the amount of water use w/ all new fields • Concern over whether there will be enough room for up to 200 vendor booths in park for Day in the Park • Would like to see lighting on fields • Artificial turf is a good option because of its low maintenance and that it would save water • Would like to see 2 soccer fields in alternative B because soccer is a quickly growing sport • Do not force library/performing arts center on a site where it doesn't work • Be sure to provide connections to Centennial Way and other transportation routes • Make sure park has security and parking lighting -END- The information above is Callander Associates' understanding of items discussed and decisions reached at the meeting. Callander Associates is proceeding with the project based on this understanding. If you have any questions, additions, or corrections to this memo, please contact this office in writing within 3 days. Submitted by: Matt Gruber 06078ComMtgSummary4-26-07.doc e copyrighted 2007 Callander Associates Landscape Architecture, Inc. Meeting Summary Orange Memorial Park Community Meeting #2 Location: Municipal Services Building, 33 Arroyo Drive, South San Francisco Date: Wednesday, April 18, 2007 Page 3 cc: All attendees 06078ComMtgSummary4-26-07.doc copyrighted 2007 Callander Associates Landscape Architecture, Inc. APPENDIX B ORANGE MEMORIAL PARK Master Plan Update Estimate of Probable Construction Cost prepared for the Orange Memorial Park City of South San Francisco Final Master Plan - Phase 1 Callander Associates Landscape Architecture, Inc. Phase 1 MasterPlan.xis s copynghtcd 2007 Callander Associates Lendswpc A,chitccnne, Inc. Page 1 of 3 prepared on 5/30/07 prepared by KD/MG Item # Description Unit Cost QTY Item Total Subtotal A Project Start-up _ - ---- - 1 Bondingand mobilization ; 5% - - Allow - 5% -- $228,028.00 - - - -- - - - ---- 2., Construction staking -•- LS - Allow Allow. $1,000.00 3 Temporary fencing LS Allow Allow $2,500.00 4.'Traffic control T i LS Allow, Allow, $1,000.00 _. $232,530.00 B Demolition 1 Clearingand grubbing SF $0.20 46,887 $9,377.40 2., Selective tree removal LS Allow Allow. $20,000.00 3. Asphalt and base rock removal SF $1.50 45,927 $68,890.50 4. Chainlink fence and gate removal LF $4.50 1,936 $8,712.00 5. Concrete and base rock removal - SF - $2.50 1,731 $4,327.50 - - _ 6. Bridge removal EA $5,000.00', 2 $10,000.00 7.' Well relocation EA $2,500.00 0 $0.00 8. Artist studios removal LS Allow Allow $150,000.00 9. Building removal - - LS Allow, -- Allow - - - $50,000.00 10. Irrigation equipment removal LS Allow Allow $2,500.00 - 11.: Miscellaneous demolition - LS -- - - Allow. Allow $20,000.00 _ $343,810.00 C Grading and Drainage 1. Rough grading (cut and fill) CY $30.00 2,590 $77,700.00 2. Storm water pollution prevention LS Allow Allow $1,000.00 3. Drain line LF $45.00 975 $43,875.00 4. Catch basin EA $2,000.00 3 $6,000.00 5. Play area drain EA $1,800.00 0 $0.00 6.Adjust utilities to grade LS Allow; Allow' $2,000.00 $130,580.00 D Site Construction 1. Asphalt pavement SF $4.00 25,750 $103,000.00 2. Traffic stripes and pavement marks LS Allow Allow $3,000.00 -- -- 3.1 Play area curb LF $30.00 0 $0.00 4. Concrete curb and gutter LF $25.00 980 $24,500.00 - -- - - 5.. Concrete pavement - SF $10.00 14,740 $147,400.00 6. Accent concrete pavement SF $12.00 15,100 $181,200.00 7.' Decomposed granite pavement SF $3.50 5,670: $19,845.00 8.' Seatwall LF $180.00 0 $0.00 9. Colma creek ornamental metal fence, 6' height LF $90.00 612 $55,080.00 10. Baseball chainlink fence 6' height LF $45.00 1,105 $49,725.00 11. Soccer chainlink fence, 10' height LF $80.00 0 $0.00 12 Chainlink gate EA $1,800.00 4 $7,200.00 - - - - 13. Backstop EA $20,000.00 2 $40,000.00 14. Large shade structure EA $60,000.00 0 $0.00 15.;Tennis court EA $46,000.00 1 $46,000.00 - ....... - - 16. Pool building expansion - ---- -- - _ LS $1,000 000.00 --- -- Allow.$0.00 r-- 17. Small shade structure EA $40,000.00 2 $80,000.00 18. Tot lot play equipment - EA - $35,000.00 - 0 $0.00 19 Youth play -equipment EA $47,000.00 0 $0.00 ,20.: Skatepark LS Allow. Allow $0.00 21. Restroom/concessions EA $500,000.00: 1 : $500,000.00 22.. Box culvert SF $100.00 4,230 $423,000.00 Callander Associates Landscape Architecture, Inc. Phase 1 MasterPlan.xis s copynghtcd 2007 Callander Associates Lendswpc A,chitccnne, Inc. Page 1 of 3 Estimate of Probable Construction Cost prepared for the Orange Memorial Park City of South San Francisco Final Master Plan - Phase 1 Callander Associates Landscape Architecture, Inc. Phase I MasterPlan.xis _ cnpyngnmd 2007 canandet A. - nn. Landscape Architecture, Inc. Page 2 of 3 prepared on 5/30/07 prepared by KD/MG Item # Description Unit Cost QTY Item Total Subtotal 23 Clay mix SF $7.00 i 0 $0.00 24 Infield mix SF $3.00 10,900 $32,700.00 25 Wood fiber surfacing SF $5.00 i 0 $0.00 26Entry arbor EA $15,000.00 1 $15,000.00 27. Bocce ball building LS y Allow Allow $0.00 28 Bocce ball court shade structure ........ -_ LS Allowl. Allow', $0.00 29.: Sand mix CY $50.00 - 0 $0.00 - 30. Rubber surfacing SF $22.00 0 $0.00 31. Entry signage EA $15,000.00 1 $15,000.00 32. Artist facility _ EA $150,000.00 - _ 5 $750,000.00 - $2,492,650.00 E Site Furnishings 1 .Picnic table EA $1,600.00, 9 $14,400.00 2 Trash receptacle EA $1,000.00 9 $9,000.00 3 Drinking fountain EA $5,000.00 1 $5,000.00 4 Bicycle rack EA $700.002 $1,400.00 5. Barbecue EA $650.00 4 - $2,600.00 6 Parking signage/rules and regulations signage ........ LS - _ Allow. _ Allow', _.... $9,000.00 - 7. ;Bench EA $1,100.00: 6 $6,600.00 ! 8. Mutt mitt dispenser - --- EA$650.00 - 1 $650.00 9. Bleachers EA -.. - $20,000.00.0 _ - - --- - - ------- 10. Small bleachers EA $15,000.00. 4 $60,000.00 11. Permanent Bollard EA $600.00 5 $3,000.00 92. Removable bollard - - -- EA $900.00'. 3 $2,700.00'. 13. Soccer goal - _-- EA .....- $2,200.00,0 - - $0.00 - 14. Youth soccer goal EA $1,300.00 0 $0.00 - 15. Foul pole EA $4,800.00 4 $19,200.00 16 Baseball bases _ LS Allow:Allow $3,000.00 17 .Dugout bench - EA $1,500.00 4 $6,000.00 - 18. Storage unit EA $20,000.00 1 $20,000.00 19. Tennis backboard . EA $5,000.00 ' 0 $0.00 -_ 20. Bocce ball court headerboards LF -_ $35.000 - $0.00 _ . 21 Volley ball net and posts LS Allow. Allow $0.00 22. Parcourse equipment LS Allow Allow $3,000.00 $165,550.00 F Landscape Soil Preparation 1. Amendment incorporation and fine grading - SF - $0.45 - 138,210 $62,194.50 -_ $62,190.00 G Irrigation 1. Backflow preventer EA $15,000.00 1 $15,000.00 -------- --- 2 Point of connection - water EA $2,000.00 1 $2,000.00 3. Electrical point of connection -- EA $1,500.00 1 $0.00 4.: Controller assembly EA - $12,000.00 - 1 $12,000.00 - 5. Potable water line, 1" _ LF $12.00 505 $6,060.00 6 Irrigation system, shrub and groundcover areas SF -_ $1.50 33,610 $50,415.00 - - 7 Irrigation system , turf areas SF - $1.00 - 104,600 - $104,600.00 - $190,080.00 - - - - H Planting 1. Trees, 24" box EA $350.00 72 $25,200.00 Callander Associates Landscape Architecture, Inc. Phase I MasterPlan.xis _ cnpyngnmd 2007 canandet A. - nn. Landscape Architecture, Inc. Page 2 of 3 Estimate of Probable Construction Cost prepared for the Orange Memorial Park City of South San Francisco Final Master Plan - Phase 1 # DE 2 'Trees, 15 gallon 3 Shrubs and_grasses 4..Groundcover 5.. Mulch 6.. Turf from seed 7.. Palm tree. 15' BTH I Landscape Maintenance 1. 90 day maintenance period J Lighting and Electrical 1. Electrical service prepared on 5/30/07 Prepared by KD/MG Unit I Cost I QTY Item Total Subtotal EA $150.00 49 $7,350.00 SF $3.00 17,300 $51,900.00 SF { $2.00 - 16,310 r — $32,620.00 SF $0.40 33,610 $13,444.00 SF $0.15 104,600 $15,690.00 EA '', $4,000.00 5 $20,000.00 $166,200.00 MO $1,500.00 3 $4,500.00 $4,500.00 EA $15,000.00 1 $15,000.00 2 Pathway, parking, and landscape lights LS Allow Allow $750,000.00 3. Soccer field lighting EA $120,000.00 0 $0.00 4 Baseball field lighting EA $120,000.00 2 $240,000.00 $1,005,000.00 K 'Subtotal _ 1 _ $4,793,090.00 L Construction Contingency 10% Allow 10% $479,309.00 $479,310.00 M Inflation Mark Up 15% Allow 15% $718,963.50 $718,960.00 N ;Total Construction Costs O Add Alternate 1. Deduct natural turf SF $0.15 82,594 ($12,389.10); 2. Deduct infield mix SF $3.00 10,900 ($32,700.00) 3. Artificial turf SF $5.00 93,494 $467,470.00 P Add Alternate Total Construction Costs $6,413,740.00 Based on drawing entitled "Final Master Plan" dated 5/17/07. The above items, amounts, quantities, and related information are based on Callander Associates' judgment at this level of document preparation and is offered only as reference data. Callander Associates has no control over construction quantities, costs and related factors affecting costs, and advises the client that significant variation may occur between this estimate of probable construction costs and actual construction prices. Callander Associates Landscape Architecture, Inc. Phase I MasterPlan.xls L copyrighted 2007 UInnde[ Associates Candscapc An hitectum, Inc. Page 3 of 3 Estimate of Probable Construction Cost prepared for the Orange Memorial Park City of South San Francisco Final Master Plan - Phase Item # Description I Unit I Cost A Project Start-up $46,474.40 Allow: 1 Bonding and mobilization 5% Alloy 2 Construction staking____ _ LS _. Alloy 3 Temporary fencing LS Alloy 4., Traffic control LS Alloy BDemolition $46,474.40 Allow: 1. Cleanngand drubbing SF $0.20 2. Selective tree removal LS Alloy - 3. Asphalt and base rock removal SF $1.50 4. Chainlink fence and gate removal - - LF - $4.50 5. Concrete and base rock removal SF $2.50 6.i Bridge removal EA $5,000.00 7. Well relocation EA $2,500.00 8. Artiststudios removal _ LS Alloy 9., Building removal LS ---.. Alloy 10. Irrigation equipment removal LS Alloy 11. Miscellaneous demolition LS Alloy C Grading and Drainage $3.50 1,450 1. Rough grading (cut and fill) CY $30.00 2. Storm water pollution preventionLS 0 Alloy 3. Drain line LF $45.00 _ 4.: Catch basin _. _ _ EA $2,000.00 5 Play area drain EA _.._ $1,800.00 6. Adiust utilities to qrade LS Alloy 5% $139,406.50 low $1,000.00 low $2,500.00 low; $1.000.00 232 372. $46,474.40 Allow: $0.00 0 . $0.00 1,690 $7,605.00 0 $0.00 0 $0.00 3 $7,500.00'. Allow $0.00 Allow. $0.00 Allow. $2,500.00 6,770 $203,1.00.00 Allow $1,000.00 850 $38,250.00 3 $6,000.00 1 $1.800.00 D Site Construction 1. Asphalt pavement SF $4.00 35,440 $141,760.00 2. Traffic stripes and pavement marks LS Allow; Allow $6,000.00 3.1 Play area curb LF $30.00 217$6,510.00 4 Concrete curb and gutter - - LF $25.00. _ 1,585 _..- $39,625.00 5 Concrete pavement I SF $10.00 1 3.3,420 $334,200.00 6. Accent concrete pavement SF $12.001 0 $0.00 7. Decomposed granite pavement SF $3.50 1,450 $5,075.00 8. SeatwallI LF $180.00 0 $0.00 9. Colma creek ornamental metal fence, 6' height LF $90.00 i 0 $0.00 10 Baseball chainlink fence, 6' height LF $45.00 1 0 $0.00 --- 11 Soccer chainlink fence, 10' height - LF $80.0.0 - 1,340 -- $107,200.00 12.gate ate EA r $1,800_00 4 { $7,20000 13 Backstop EA $20,000.00 0 $0.00 14. Large shade structure EA { $60,000.00 1 0 $0.00 15. Tennis court EA $46,000.00 1 0 $0.00 16. Pool building expansion LS $1,000,000.00 1 Allow $0.00 17. Small shade structure EA $40,000.00 1 $40,000.00 18. Tot lot play equipment EA $35 000.00 1 $35,000.00 19. Youth play equipment EA $47,000.00; 0 $0.00 20. Skatepark LS Allow' Allow $0.00 21. Restroom/concessions EA $500,000.00 I 1 $500,000.00 22. Box culvert SF $100.001 0 $0.00 Callander Associates Landscape Architecture, Inc. Phase2 MasterPlan.xIs (1, copyrighted 2007 Callander Associates Landscape Architecture, Inc. 0.00 ,150.00 Page I of 3 Estimate of Probable Construction Cost prepared for the Orange Memorial Park City of South San Francisco Final Master Plan - Phase Item # Description prepared on 5/30/07 Prepared by KD/MG Unit I Cost I QTY Item Total Subtotal SF $7.00 0 $0.00 - _.. SF - $3.00 - 0. - - $0.00 - -- SF -- $5.00 0 $0.00 EA y $15,000.00 0 $0.00 LS Allow Allow $0.00 LS Allow Allow $0.00 CY $50.00 0 $0.00 SF $22.00 3,735 $82,170.00 EA $15,000.00 2 $30,000.00 EA $150,000.00 0 $0.00 1 EA $12,000.00 $1,334,740.00 EA $1,600.001 9 $14,400.00 EA$1,000.00 $10,860.00 9 $9,000.00 EA $5,000.00 2 $10,000.00 EA $700.00 3 $2,100.00 EA $650.00 4 $2,600.00 - LS ! ..-..... Allow' Allow! - -- $3,000.00 EA $1,100.00 6': - $6,600.00'. EA $650.00 2 $1300.00 EA $20,000.00 EA $15,000.00 0 $0.00 EA $600.00 2 $1,200.00 EA $900.00 6 $5,400.00 - EA - - $2,200.00 -_ 2 - $4,400.00 EA $1,300.00 - 4 ! - - $5,200.00 EA $4,800.00 0 $0.00 _- LS - Allow- Allow $0.00 - -- - EA ! $1,500.00: 0 $0.00 EA $20,000.00 0 $0.00 EA $5,000.00 0 $0.00 LF $35.00 0 $0.00 H Planting 1.' Trees, 24" box Callander Associates Landscape Architecture, Inc. Phase2MasterPlan.xls C ' copyrighted 2007 Callander Associates Landscape Architecwre, Inc. EA $350.00 i 58 Page 2 of 3 $68,200.00 F Landscape Soil Preparation 1. Amendment incorporation and fine grading SF $0.45 i 256,640 $115,488.00 - - $115,490.00 G Irrigation - - 1. Backflow preventer EA $15,000.00 0 $0.00 2-., Point of connection - water EA $2,000.00 1 $2,000.00 3. Electrical point of connection EA $1,500.001 $0.00 4. Controller assembly EA $12,000.00 0 $0.00 5. Potable waterline, 1" LF $12.00 905: $10,860.00 6. Irrigation system, shrub and groundcover areas SF $1.50 57,790 $86,685.00 7. Irriciation system , turf areas SF $1.00 198,850 $198,850.00 $298,400.00 H Planting 1.' Trees, 24" box Callander Associates Landscape Architecture, Inc. Phase2MasterPlan.xls C ' copyrighted 2007 Callander Associates Landscape Architecwre, Inc. EA $350.00 i 58 Page 2 of 3 Estimate of Probable Construction Cost prepared for the Orange Memorial Park City of South San Francisco Final Master Plan - Phase Callander Associates Landscape Architecture, Inc. Phase2MasterPlan.,cls N copyrighted 2007 Callander Associates Landscape Architeenare, Inc. Page 3 of 3 prepared on 5/30/07 prepared by KD/MG Item # Description Unit Cost QTY Item Total Subtotal 2 Trees, 15 gallon EA $150.00 29 $4,350.00 3 Shrubs and grasses - -- SF - - $3.00 37,400 $112,200.00 4 Groundcover SF $2A0 20 390 $40,780.00 5..Mulch SF $0.40 57,790. $23,116.00 6. Turf from seed SF $0.15 198,850 $29,827.50 7 Palm tree, 15' BTH - EA $4,000.00 -, 6 $24,000.00 --- --- $254,570.00 I Landscape Maintenance 1. 90 day maintenance period MO $1,500.00 3 $4,500.00 $4,500.00 J Lighting and Electrical 1. Electrical service EA $15,000.00 1 $15,000.00 2 Pathway, parking and landscape lights i LS Allow Allow $250 000.00 3. Soccer field lighting — EA $120,000.00 1 - $120,000.00 4. Baseball field li9_ht09 EA $120,000.00 0 $0.00 - $385,000.00 K Subtotal $2,932,040.00 L Construction Contingency 10% Allow 10% $293,204.00 _ $293,200.00 M Inflation Mark Up 15% Allow 15% $439,806.00 - - - -_ - $439,810.00 N Total Construction Costs $3,665,050.00 O Add Alternate__ -- 1. Deduct natural turf SF $0.15 107,370 ($16,105.50 2. Deduct infield mix SF $3.00 _ 0 : $0.00 - 3 Artificial turf SF $5.00 107,370 $536,850.00 - - - $520,740.00 P Add c Alternate Total Construction Costs - _ _ _ _ _- $4,185,790.00 Based on drawing entitled "Final Master Plan" dated 5/17107. The above items, amounts, quantities, and related information are based on Callander Associates' judgment at this level of document preparation and is offered only as reference data. Callander Associates has no control over construction quantities, costs and related factors affecting costs, and advises the client that significant variation may occur between this estimate of probable construction costs and actual construction prices. Callander Associates Landscape Architecture, Inc. Phase2MasterPlan.,cls N copyrighted 2007 Callander Associates Landscape Architeenare, Inc. Page 3 of 3 Estimate of Probable Construction Cost prepared for the Orange Memorial Park City of South San Francisco Final Master Plan - Phase prepared on 5/30/07 prepared bV KD/MG Item # Description Unit Cost I QTY Item Total Subtotal i A Project Start-up 1. Bonding and mobilization 5% Allow 5% $282,910.00 2. Construction staking- LS Allow Allow $1,000.00 3. Temporary fencing LS -Allow",-,,-Allow. $2,500.00 4. Traffic control LS Allow! Allow $1,000.00 . $287,410.00 B Demolition 1 Clearing and grubbing SF $0.20 226,870 _ $45,374.00 -- - 2. Selective tree removal LS Allow', Allow. $40,000.00 3. Asphalt and base rock removal SF $1.50 52,272 $78,408.00 4. Chainlink fence and gate removal LF $4.50 1,133 $5,098.50 5.: Concrete and base rock removal SF $2.50 13,560 $33,900.00 6. Bridge removal EA $5,000.00 - 1 $5,000.00 -. 7.. Well relocation EA $2,500.00 0 $0.00 8. Artist studios removal LS Allow Allow $0.00 9. Building removal LS Allow, Allow $0.00 10. Irrigation equipment removal LS Allow Allow $20,000.00 11. Miscellaneous demolition LS Allow, Allow: $25,000.00 $252,780.00 C Grading and Drainage 1. Rough grading (cut and fill) CY $30.00 13,045 $391,350.00 2. Storm water pollution prevention LS Allow Allow $1,000.00 3. Drain line LF $45.00 1,240 $55,800.00 4. Catch basin EA $2,000.00 6 , $12,000.00 5. Play area drain EA $1,800.00 2 $3,600.00 6.',Adjust utilities to grade LS Allow Allow $3,000.00 $466,750.00 D Site Construction 1. Asphalt pavement SF $4.00 26,023 $104,092.00 2.'Traffic stripes and pavement marks LS Allow Allow'; $5,000.00 3. Play area curb LF $30.00 666 $19,980.00 4 Concrete curb and gutter LF $25.00 1,450 $36,250.00 5. Concrete pavement - - SF $10.00 1 52,480 __ $524,800.00 6. Accent concrete pavement SF $12.00 24,800 $297,600.00 7. Decomposed granite pavement SF $3.50 0 $0.00 8. Seatwall LF $180.00 430: $77,400.00 9. Colma creek ornamental metal fence, 6' height LF $90.00 970 $87,300.00 10. Baseball chainlink fence, 6' height LF $45.00 970 $43,650.00 11. Soccer chainlink fence, 10' height LF $80.00 0 $0.00 12. Chainlink gate EA $1,800.00 6 $10,800.00 13. Backstop EA $20,000.00 0 $0.00 14. Large shade structure EA $60,000.00 1 $60,000.00 15. Tennis court EA $46,000.00 -_ 0 : -_ $0.00 - - 16. Pool building expansion LS $1,000,000.00 Allow $1,000,000.00 17 Small shade structure EA $40,000.00 0 $0.00 18 Tot lot play equipment EA $35,000.00 1 $35,000.00 19. Youth play equipment EA $47,000.00 1 $47,000.00 20.'Skatepark LS Allow Allow, $300,000.00 21. Restroom/concessions EA $500,000.00 0 $0.00 . 22. Box culvert SF $100.00 1 5,475 $547,500.00 Callander Associates Landscape Architecture, Inc. Phase3MasterP1an.x1s c copyrighted 2007 Callander Associates Landscape Architecwre, Inc. Page I of 3 Estimate of Probable Construction Cost prepared for the Orange Memorial Park City of South San Francisco Final Master Plan - Phase Callander Associates Landscape Architecture, Inc. Phase3 MasterPlan. xl s C: copyrighted 2007 Callander Associates Landscape Architecture, Inc. Page 2 of 3 prepared on 5/30/07 prepared by KD/MG Item # Description Unit Cost QTY Item Total Subtotal 23. Cla mix } SF $7.00 17,875 1 $125,125.00 24 Infield mix SF $3.00 h 0 $0.00 25. Wood fiber surfacing__ I SF _ _ $5.000 11700 $58,500.00 26 .Entry arbor _ EA _ 000--- $15,000.00 1 ___ $15,000.00 0000 27 Bocce ball building LS Allow Allow $300,000 00 28 Bocce ball court shade structure LS Allow Allow $180,000.00 _.. 29 Sand mix _-- _ CY $50.00 0 $0.00 30 Rubber surfacing SF _ _._ $22.00 0 _. $0.00 -_-_--- 31. Entry signage EA $15,000.00 i 0 $0.00 32. Artist facility EA $150,000.00 i - - 0 $0.00 $3,875,000.00 E Site Furnishings 1.. Picnic table EA $1,600.00 5 $8,000.00 2 Trash receptacle EA $1,000.00 5 $5,000.00 3.: .Drinking fountain EA $5,000.00 1 $5,000.00 ----- 4 Bicycle rack - EA $700.00 2 $1,400.00 5. Barbecue - EA $650.00 0$0.00 - - 6.1 Parking signage/rules and regulations signage LS Allow. Allow ........ $3,000.00 - - 7 Bench EA , $1,100.00' 6 $6,600.00'. -_ - 8 Mutt mitt dispenser __. - EA $650.00. 2 - $1,300.00 - -- 9. Bleachers EA -- $20,000.00: - -._. 0 $0.00 ---------- 10. Small bleachers EA $15,000.00 0 $0.00 11 Permanent Bollard EA $600.00 6 $3,600.00 12 Removable bollard - - EA $900.00 3 $2,700.00 13. Soccer goal EA - $2,200.00 - 0 - $0.00 -. - 14. Youth soccer goal EA $1,300.00 0 $0.00 15. Foul pole EA - $4,800.00 0 $0.00 _ 16. Baseball bases LS Allow: Allow $0.00 17. Dugout benchEA $1,500.00 0 $0.00 18 Storage unit - _ EA $20,000.00 0 $0.00 19 Tennis backboard EA 0000. 0000 , $5,000.001 - 2 - $10,000.00 - 20 Bocce ball court headerboards LF $35.00 1 595 $20,825.00 21 Volley ball net and posts LS Allow. Allow $0.00 22.-- Parcourse equipment LS - Allow Allow --- $2,000.00 -- , _. 0000 $69,430.00 F Landscape Soil Preparation 1 Amendment incorporation and fine grading SF 203,980 $91,791.00 - - - - -- - - 0000- -- $91,790.00 G Irrigation -- 1. Backflow preventer EA $15,000.00 0 $0.00 2 Point of connection - water EA t $2,000.00 1 $2,000.00 -- 3 Electrical point of connection EA $1,500.00 j - 1 _. $0.00 4 Controller assembly EA $12,000.00 0 $0.00 5 Potable waterline, 1" LF $12.00 400 $4,800.00 6 Irrigation system, shrub and groundcover areas SF $1.50 , 77,760 $116,640.00 7Irrigation system , turf areas i SF _ $1.00 1 0000- 126,220 - $126,220.00 0000 - - - - - -- -- $249,_660.00. H Planting 1. Trees, 24" box EA $350.001 97 $33,950.00 Callander Associates Landscape Architecture, Inc. Phase3 MasterPlan. xl s C: copyrighted 2007 Callander Associates Landscape Architecture, Inc. Page 2 of 3 Estimate of Probable Construction Cost prepared for the Orange Memorial Park City of South San Francisco Final Master Plan - Phase Callander Associates Landscape Architecture, Inc. PhaseWasterPlan.xls E copyrighted 2007 Callander Associates Landscape Architecture, Inc. Page 3 of 3 prepared on 5/30/07 prepared by KD/MG Item # Description Unit Cost QTY Item Total Subtotal } i 2 Trees, 15 gallon EA -- $150.00 65 $9,750.00 -- _ 3. Shrubs and grasses SF $3.00 26,030 $78,090.00 4. Groundcover SF $2.00 51,730 $103,460.00 5.1 Mulch SF $0.40 77,760 $31,104.00 6.. Turf from seed SF $0.15 11 126,220 $18,933.00 7. Palm tree, 15' BTH EA $4,000.00 1 27 $108,000.00 $383,290.00 Landscape Maintenance 1. ;90 day maintenance period MO $1,500.00 3 $4,500.00 $4,500.00 J i Lighting and Electrical 1.Electrical service EA $15,000.00 1 $15,000.00 2. Pathway, parking, and landscape lights LS Allow Allow $250,000.00 3 Soccer field lighting EA $120,000.00 0 $0.00 4 Baseball field lighting - - EA - $120,000.00 + 0 $0.00 _- $265,000.00 K Subtotal - - - $5,945,610.00. LConstruction Contin enc 9 Y 10% All ow 10% $594,561.00 - - $594,560.00 M Inflation Mark Up 15% Allow 15% $891,841.50 $891,840.00 N Total Construction Costs $7,432,010.00 O Add Alternate - 1. Deduct natural turf SF - $0.15 0 $0.00 2. Deduct infield mix SF $3.00 0 $0.00 - - -_ - - 3. Artificial turf - - SF - $5.00: 0 ..... $0.00 -- - - $0.00 P Add Alternate Total Construction Costs $7,432,010.00 Based on drawing entitled "Final Master Plan" dated 5/17/07. The above items, amounts, quantities, and related information are based on Callander Associates' judgment at this level of document preparation and is offered only as reference data. Callander Associates has no control over construction quantities, costs and related factors affecting costs, and advises the client that significant variation may occur between this estimate of probable construction costs and actual construction prices. Callander Associates Landscape Architecture, Inc. PhaseWasterPlan.xls E copyrighted 2007 Callander Associates Landscape Architecture, Inc. Page 3 of 3 Estimate of Probable Construction Cost prepared for the Orange Memorial Park City of South San Francisco Final Master Plan - Phase Page 1 of 3 prepared on 5/30/07 prepared by KD/MG Item # Description Unit Cost QTY Item Total Subtotal A Project Start-up 1. Bonding and mobilization 5% Allow 5%; $56,788.50 2. Construction staking -_ LS Allow Allow, $1,000.00 _ 3. Temporary fencing LS Allowr .._ Allow $2,500.00 4. Traffic control LS Allow. Allow V,000.00 $61,290.00 B Demolition 1. Clearing and grubbing SF $0.20 179,057 $35,811.40 2. Selective tree removal LS Allow, Allow, $40,000.00 3. Asphalt and base rock removal SF $1.50 6,895 $10,342.50 4. Chainlink fence and gate removal LF $4.50 _._ _ 1,742 $7,839.00 5. Concrete and base rock removal SF $2.50 6,874 $17,185.00 _ 6. Bridge removal EA $5,000.00 0 _ $0.00 - _ 7. Well relocation - EA $2,500.00 , 0 $0.00 8. Artist studios removal LS Allow. Allow $0.00 -- 9. Building removal LS Allow Allow $0.00 10. Irrigation equipment removal LS Allow. - Allow $2,000.00 - 11.1 Miscellaneous demolition _ _ LS Allow Allow - -__ $20,000.00 --- _ $133,180.00 C Grading and Drainage 1 Rough grading (cut and fill) CY $30.00 1,940 $58,200.00 2. Storm water pollution prevention LS Allow, Allow $1,000.00 3. Drain line LF $45.00 ( 125 $5,625.00 4 Catch basin EA $2,000.00 0 $0.00 5 Play area drain - I EA $1,800.00 1 $1,800.00 6 Adjust utilities to grade - - LS Allow! _ Allow $1,000.00 - $67,630.00 D Site Construction 1 Asphalt pavement SF $4.00 1 0 $0.00 2 Traffic stripes and pavement marks LS Allowl. Allow $2,000.00 3 Play area curb - - LF $30.00 300 $9,000.00 - 4. Concrete curb and gutter - LF - $25.00 0 - - $0.00 - 5 Concrete pavement SF - $10.00 i - 1,190 ---- $11,900.00 6. Accent concrete pavement SF $12.00 2,360 $28,320.00 7.1 Decomposed granite pavement SF$3.50 0 8. Seatwall LF $180.001 0 $0.00 9. Colma creek ornamental metal fence, 6height LF $90.00 ( 602 $54,180.00 10. Baseball chainlink fence 6 height LF $45.00 875 $39,375.00 11. Soccer chainlink fence, 10' height LF $80.00 1 0 12. Chainlink gate EA $1,800.00 4 _$000 $7,200.00 _ 13. BackstopEA $20,000.001 2 $40,000.00 14. Large shade structure EA $60,000.00 0 $0.00 15. Tennis court . EA $46,000.00 0 $0.00 16. Pool building expansion LS _ $1,000,000.00 Allow $0.00 17 Small shade structure EA $40,000.00 0 - - $0.00 - 18 Tot lot play equipment EA $35,000.00 I 0 $0.00 19. Youth play equipment EA $47,000.00 1 $47,000.00 20. Skatepark LS Allow, Allow - 21. Restroom/concessions EA $500,000.00 0 $0.00 22. Box culvert SF $100.00 0 . $0.00 Callander Associates Landscape Architecture, Inc. PhascWasterPlan.xIs r, copyrighted 2007 Callender Assucm- Landscape Archileclure, Inc. Page 1 of 3 Estimate of Probable Construction Cost prepared for the Orange Memorial Park City of South San Francisco Final Master Plan - Phase prepared on 5/30/07 prepared by KD/MG Item # Description Unit Cost QTY Item Total Subtotal $2,000.00 1 $2,000.00 EA $1,500.00 ! 23. Clay mix SF $7.00 0 $0.00 24. Infield mix SF $3.00 19,907 $59,721.00 25 Wood fiber surfacing _ _ SF $5.00 4,500. $22,500.00 26. Entry arbor EA __. $15,000.00 0 $0.00 - 27. Bocce ball building LS Allow Allow $0.00 28.': Bocce ball court shade structure LS Allow Allow': $0.00 29. Sand mix CY $50.00 1 0 $0.00 30 Rubber surfacing SF $22.00 0 $0.00 31 Entry signage EA $15,000.00 1 0 $0.00 _ 32. Artist EA $150,000.00 -_ 0 $0.00 $321,200.00 E Site Furnishings 1.': Picnic table EA $1,600.00 2 $3,200.00 2. Trash receptacle EA $1,000.00 2 $2,000.00 3. Drinking fountain EA $5,000.00, 0 $0.00 4 Bicycle rack EA $700.00 1 $700.00 5. Barbecue EA $650.00 0 $0.00 _ _.. 6. Parking signage/rules and regulations signage LS _ Allow Allow. $1,000.00 7.', Bench EA $1,100.00 2 $2,200.00 8.Mutt mitt dispenser EA $650.00 1 $650.00 9. Bleachers EA : $20,000.00 2 $40,000.00 10. Small bleachers EA $15,000.00 0 1 $0.00 11.'Permanent Bollard EA $600.00 2 $1,200.00 12. Removable bollard EA $900.00 ; 1 $900.00 13. Soccer goal EA $2,200.00 0 $0.00 14 Youth soccer goal EA $1,300.00 a 0 $0.00 15..Foul pole EA $4,800.00 4 $19,200.00 16. Baseball bases LS Allow Allow $3,000.00 17. Dugout bench EA $1,500.00 4 $6,000.00 18.,Storage unit .11 EA $20,000.00 0 $0.00 1 9.'',Tennis backboard EA $5,000.00 ! 0 $0.00 20. Bocce ball court headerboards LF $35.00 0 ........ - $0.00 ---------- Volleyball net and posts 21.- LS AllowI Allow _ $0.00 22. Parcourse equipment LS Allow Allow $0.00 $80,050.00 F Landscape Soil Preparation 1. Amendment incorporation and fine gradinq SF $0.45 179,550 ! $80,797.50 7 Irrigation system , turf areas H Planting 1. Trees. 24" box Callander Associates Landscape Architecture, Inc. PhaseWasterPlan,xls C copyright d 2007 Callander Associates Landscape Architecture, Inc. $80,800.00 EA $15,000.00 0 $0.00 EA $2,000.00 1 $2,000.00 EA $1,500.00 ! 1 $0.00 EA $12,000.00 0 $0.00 LF $12.00 ! 0 '', $0.00 SF $1.50 3,-86-57-$5,827.50 SF $1.00 175,665 $175,665.00 $183,490.00 EA $350.00 18 $6,300.00 Page 2 of 3 Estimate of Probable Construction Cost prepared for the Orange Memorial Park City of South San Francisco Final Master Plan - Phase Callander Associates Landscape Architecture, Inc. PhaseWasterPlan.xls C copyrighted 2007 Callander Associates L—dxape Architecture, Inc. Page 3 of 3 prepared on 5/30/07 prepared by KD/MG Item # Description Unit Cost QTY Item Total Subtotal 2. Trees 15 gallon EA A $150.00 13 $1,950.00 - 3. Shrubs and grasses SF - $3.00 } 0 $0.00 4. Groundcover SF $2.001 3,885 $7,770.00 5. Mulch SF $0.40 3 885 $1,554.00 6. Turf from seed SF $0.15 175,665$26,349 75 7. Palm tree, 15' BTH EA $4,000.009 - $36,000.00 _ ......... $79,920.00 I Landscape Maintenance 1.90 day maintenance period MO $1,500.00 3 $4,500.00 - - -_ -- - $4,500.00 J Lighting and Electrical 1 Electrical service EA $15,000.00 1 $15,000.00 2 Pathway, parking, and landscape lights i LS Allow Allow $50,000.00 3 Soccer field lighting_ EA $120,000.00 1 0 $0.00 4. Baseball field lighting EA $120 000.00 1 $120,000.00 { _ $185,000.00 K Subtotal $1,197,060.00 — L Construction Contingency - - - 10% Allow 10% $119,706.00 - - --- - $119,710.00. M Inflation Mark Up 15% Allow 15% - _ - - --$179,559.00 $179,560.00 N Total Construction Costs $1,496,330.00 -0 O Add Alternate _- 1. Deduct natural turf SF $0.15 Y } 6,180 ($927 00) 2 Deduct infield mix SF $3.00 I 9,890 ($29,670.00):, 3 Artificial turf SF $5.00 I 16,070 $80,350.00 - - $49,750.00 P Add Alternate Total Construction Costs $1,546,080.00 Based on drawing entitled "Final Master Plan" dated 5/17107. The above items, amounts, quantities, and related information are based on Callander Associates' judgment at this level of document preparation and is offered only as reference data. Callander Associates has no control over construction quantities, costs and related factors affecting costs, and advises the client that significant variation may occur between this estimate of probable construction costs and actual construction prices. Callander Associates Landscape Architecture, Inc. PhaseWasterPlan.xls C copyrighted 2007 Callander Associates L—dxape Architecture, Inc. Page 3 of 3 APPENDIX C ORANGE MEMORIAL PARK Master Plan Update C'.LI�R�% DEPARTMENT OF PARKS, RECREATION AND MAINTENANCE SERVICES ^7o? V9-38UU FAX (6 0' 877-86 3 July 12, 2004 Dear Property Owner: 1 am taking this opportunity to inform you that the City of South San Francisco is exploring the possibility of installing lights on the Orange Memorial Park Soccer Field for evening play. The demand for additional play on the soccer field has been clearly established for many years. In fact, the approved 1990 Orange Memorial Park Master Plan includes lights on the soccer field. It should be noted that if lights were installed on the soccer field, every effort would be made to minimize potential glare and spillover light impacts on nearby residents. In addition, the lights would be turned off no later than 14:30 p.m. Of course, community input is a very important and valuable component to any project. Thus, I am requesting that you take a moment to complete and return the enclosed self addressed, stamped opinion card no later than August 1, 2040. Your comments will help the City Council, Parks and Recreation Commission and staff gauge the receptivity of this idea by residents nearest the park. If you have any questions or comments, please fee( free to give me a call at (650) 829-3800. Thank you in advance for your cooperation and assistance. Sincerely, Barrv- Na,e1 Director of lar, s, Recreation and Maintenance Services enclosure 33 ARROYO DRIVE • R.O BOX 711 • SOUTH SAN FRANCISCO. CA 94083 CITY OF SOUTH SAN FRANCISCO INTER -OFFICE MEMORANDUM DATE: August 11, 20010 TO: Honorable Mayor and City Council via City Manager FROM: Director of Parks, Recreation and Maintenance Services SUBJECT: Soccer Lights at Orange Memorial Park As the City Council is aware over 7/00 letters and opinion cards were recently sent out to residents adjacent to Orange Memorial Park in an effort to gauge the public's receptivity for installing lights for evening play on the soccer field. At the time of this writing, 168 cards have been returned. Approximately 71 °'o of the responses are in favor of installing the lights. Attached for your review are comments, pro and con, which were included with the returns. It is estimated that S300,000 is needed for soccer lights at Orange Memorial Park. Hence, this item vNill be included for consideration by the City Council in the 2000/01 Capital Improvement Program. Barry_ Nagel Director of Parks, Recreation and Maintenance Services WN j 11 attachment REC'D MA.Y o 8 <!-I(i- Grange Park Soccer Lighting Survey Comments Not only the lights but also the extra traffic would be a nuisance. �Vhy do we have 3 taco trucks there almost every day" (N) I think that 10:30 p.m. is too late and it will draw too mam, people in the neighborhood and noise. (N) Please Note: 10:30 p.m. is very late for an old person needing rest think about it. As a senior in my eighty's living on a filed income, I think my tax dollars could be better spent. Living across the park I would not appreciate the traffic and extra noise at night. Mr. Nagel — I do appreciate the letter. Thank you. (N) Enough "liahts" at SSF Hi School — use that field for soccer. (N) Too many additional cars will be parked along the streets of our neighborhood. Softball field is presently very busy and acceptable — soccer games should be played during day hours to allo«r a more serene park for our neighborhood. Garbage is a problem with adult soccer players and their families. (N) Potential extra traffic —noise Larbage —fights — drinking. (N-) The residential area should be quiet (N) This Nvould only benefit a small segment of the population and would most likely increase crime III the area. :Money would be better spent for a larger number of people. (N) Parking impact; and it will be a burden on the Police Department (No response to YiN) Strongly oppose. You are asking for trouble in the park at night by lightin- the courts for evening play': (N) No later than 9:00. You must consider the noise as well as the lights. (N) Latino people have no respect for other peoples homes. After their events they leave garbage, diapers, etc., etc. in front of our homes. (N) That would be inviting gang activity. (N) Ne don't need 14 hours of traffic and noise. (N) As a resident situated in front of the park. I can tell _you that the lights that are cun-ently in place proiect an. enormous amount of fight and makes it difficult to sleep. Also, I would not like the noisc. or traffic. (N) We don't want any additional activities at night time. (N) I pay PG&E bills in order to turn the home light "on" any time I want. Sorry. I don't care about night football soccer. (N) I know for a fact that people stay after soccer -aures and rink beer, especially if it is a weekend. I strongly oppose the lights. (N) Don't think it is fair for residents to put up with the noise and traffic it will create. (N) Please consider first. That park should be off Ili -nits after I Opm too much loitering, too many people selling food. Trashing the park they don't pay to lean it or maintain it. There should only be one restaurant open not too many who don't really care about the maintenance just the money they put in their pockets. (N) More "dope"???? (N) As a property owner fronting the soccer field, I am totally opposed to any night lights as are my neighbors. If the blinding glare of the baseball field lights are an indication of «hats to come, I xvill join my neighbors and association to fight this. (N) "Idea" of this feature --- timing is "too late" with new homes — lights are "gong!! Traffic — noise — congestion — crowds — encouraLyes ,vrong atmosphere for evening peacefulness%more relaxed surroundings. N ould you invest in a ]come nearby? No! Barry (N) Bright lights are incompatible with a residential area. It will be a magnet for assembly of unsavory visitors, gangs, and all types of criminal activity. It will negatively impact properrty values. It is enough our weekends are fulled with noise, traffic and no parking. NO!! (N) We're fine as it is now — we don't need added traffic. (N) Will bring "more" gang gathering - noise! ! Noise! More danger to our neighborhood! As if no means anything! Look at the HILL! (N) Children should not play past 8:30 p.m. Use money for library instead for learning purposes. (N) Definitely (N) It would be a nice addition, also for kids just wanting to play out in the evening. (Y) Esta mu bier porque se esta estendiendo el fiutbol en america. (Y) For safety reasons. (Y) Only if it is not interfering with neighbors close by the lig11ted park. (No response) Es bLletlo porque la jubentu puede guarmas en el parque los dias que pronto escurese y ailmenos oscurdias para larnentar crimines de diferentes aciones. (Y) NN'onderfui idea and I support lighting but would like to request no Ioud music please. (Y) It's a great idea. I support 100%. (Y) Sounds urcat to us. ()) These lights are wav overdue. (Y) Very good idea. (Y) There are lights on the softball field, which is next to the soccer field. It, so far, has not caused any problems. (Y) Would be a definite plus if the grass or playing field had unproved drainage. Yes — go for it! (y') Me parese nluy vien la idea manificio sigan adelante. gracias. (Y) Go for it! (Y) Let's do it. (Y) It will make Orange Memorial Park Soccer Field more safer for night time. It will help every body. I am speaking for my whole family of four. (Y) Good idea for soccer players with 10:30 p.m. as turn off bine. This is slloxN ing respect for the privacy of nearby residents. (Y) Good for young people. (Y) Great! (Y) Good idea. (Y) Estamos de- acuerdo siempre que las propiedades alrcdedor- del parque acepten esta propuesta. Ya que a nosotros no nos afectaran el alumbrado propuesta. (Y) I think it's about time and it would be great to NN-atch the games at night. (Y) 1 think it is a great idea because some people will play soccer- instead of just hanging out. (Y) I as a taxpayer think we should pay for installing, lights. But the. people «-ho use the Field should pay part of the expense for using the field. (Y) Yes of course! I remember that 40-50 years ago only a handful of people used the facilities at the park. Today, it seems very appropriate to install lights because the increased use of the soccer field. (Y) Park needs lighting in other parts such as picnic area and parking lots. Also needs more picnic tables. Thx. (Y) Soccer has arrived and is here to stay. (Y) Encourage sports. (Y) I strongly support the installation of lights. My husband started the 12 &: under league 40 some odd years ago and we had to pay S 1.00 each time we had our kids play at night. Go for it! (Y) I think that it's a great idea. (Y) Yes I am pleased to have games with lights —please make sure people do not have alcohol and smoking far from players. (Y) Buena idea. Fantastica. (Y) Provides more lighting for our adjacent prop. Etc. (Y) Yes I warm the lights for the park. (Y) APPENDIX D ORANGE MEMORIAL PARK Master Plan Update DATE: July 11, 2007 TO: Honorable Mayor and City Council FROM: Valerie Sommer, Library Director SUBJECT: RESOLUTION AUTHORIZING THE EXPANSION OF PUBLIC SERVICE HOURS AT MAIN AND GRAND AVENUE BRANCH LIBRARIES RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the expansion of public service hours at Main and Grand Avenue Branch Libraries. BACKGROUND At the City Council meeting of June 11, 2007, City Council approved the addition of $80,000 to the Library Department's General Fund budget to expand public service hours at both libraries. In the last fifteen years, Library hours have fluctuated due to budgetary conditions. In fiscal year 2002/2003, the libraries were open a combined total of 117 hours; currently, Main and Grand Avenue Branch libraries are open a combined total of 97 hours. $80,000 will provide for ten additional hours per week. At the June 1, 2007 "All -Library Staff Meeting," staff agreed that the first priority for enhanced service hours should be Thursday mornings at the Main Library and Saturdays at Grand Avenue Branch Library. Thursday morning and Saturday service hours were eliminated in fiscal year 2003/2004, and the community has continued to request the return of these hours. Opening the Main Library on Thursday mornings will allow for additional class visits from local schools as well as providing a great convenience for senior patrons who prefer to visit during morning hours. Opening the Grand Avenue Branch on Saturdays will provide a chance for families in the downtown area to have access to homework materials, computers and programming on the weekends. The choice of these priorities was supported by the Library Board at their June 26, 2007 meeting. The proposed new schedule for both libraries, to be effective once the recruitment and hiring of additional hourly staff is completed, is below: Main Library FY Mon Tue Wed Thurs Fri I Sat I Sun Total 06/07 10-9 10-9 10-71-9 10-610-5 2-5 157 07/08 10-9 10-9 10-7 10-9 10-6 10-5 2-5 160 Grand Avenue Branch Library FY Mon Tue Wed Thurs Fri Sat Sun Total 06/07 10-6 10-6 1-9 10-6 10-6 Closed Closed 40 07/08 10-6 10-6 1-9 10-6 10-6 10-5 Closed 47 Staff Report Subject: Approval of expanded Library Department public service hours Page 2 FUNDING At the June 11, 2007 City Council meeting, City Council approved General Fund monies in the amount of $80,000 to allow for expanded pubic service hours at both libraries. CONCLUSION The addition of ten weekly hours at Main and Grand Avenue Branch libraries will provide enhanced service levels at both libraries. It is recommended that the City Council authorize the addition of Thursday morning service hours at the Main Library and Saturday service hours at Grand Avenue Branch Library. LOW Valerie Sommer Library Director r Approvd 4M. Nagel City Manager RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE EXPANSION OF PUBLIC SERVICE HOURS AT MAIN AND GRAND AVENUE BRANCH LIBRARIES WHEREAS, staff recommends the expansion of public service hours by adding 3 hours on Thursday mornings at the Main Library and by opening the Grand Avenue Branch Library on Saturdays for 7 hours; and WHEREAS, the expansion of public service hours will provide enhanced services for community members; and WHEREAS, the funds for expanding Library's public service hours were added to this year's operating budget of the Library Department at the June 8, 2006 City Council meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves the expansion of Library public service hours at the Main (3 hours on Thursday mornings) and Grand Avenue (7 hours on Saturday) Branch Libraries. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 11th day of July, 2007 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: 2007-07-11 Expanded Library Hours_Reso.doc City Clerk s�y�� 0 y AGENDA ITEM # 11 LIFOR�1�C, toffeDort DATE: July ll, 2007 TO: The Honorable Mayor and City Council FROM: Jim Steele, Finance Director SUBJECT: AN ORDINANCE AMENDING TITLE 4, CHAPTER 4.20, SECTION 4.20.130 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO GRANT AUTHORITY TO IMPOSE LIENS FOR DELINQUENT PAYMENT OF TRANSIENT OCCUPANCY TAX RECOMMENDATION Waive first reading and introduce an ordinance amending Title 4, Chapter 4.20, Section 4.20.130 of the South San Francisco Municipal Code to Grant Authority to Impose Liens for Delinquent Payment of Transient Occupancy Tax. BACKGROUND/DIS CUS SION The City currently has a Transient Occupancy Tax (TOT) Ordinance, which was originally adopted by Ordinance No. 554 in 1966. The TOT Ordinance was adopted pursuant to the California Revenue and Taxation Code sections 7280 et seq., and it provides for the imposition and collection of a general excise tax on the privilege of using hotel accommodations in the City. The TOT Ordinance requires that taxes collected by hotel operators be held in trust for the City and imposes a duty on hotel operators to report and remit TOT on a monthly basis. In the past year, staff has encountered a problem with one hotel operator who has repeatedly failed to remit TOT taxes on a timely basis. The current TOT Ordinance provides an administrative review process of the amount assessed and owed, and gives the City a cause of action to sue for failure to remit. However, litigation and other means to recover the withheld TOT can be costly and time- consuming. The proposed ordinance enhances the City's general authority to collect delinquent and unpaid TOT. First, it would allow the City to recover attorney's fees, auditor's fees, and personnel costs incurred by the City in its effort to collect unpaid or delinquent TOT. Secondly, the proposed ordinance Staff Report Subject: Ordinance Amending Title 4, Chapter 4.20, Section 4.20.130 of the South San Francisco Municipal Code to Grant Authority to Impose Liens for Delinquent Payment of Transient Occupancy Tax. Page 2 of 2 would empower the Finance Director to record a lien with the force, effect, and priority of a judgment lien, in the amount of the delinquent and outstanding TOT, including penalties, interest, and the aforementioned personnel and attorney's fees. The proposed amendments are substantially similar to TOT enforcement measures among other cities. In San Mateo County, cities such as Burlingame, Brisbane, and San Carlos have included lien and special assessment cost recovery measures for unpaid TOT in their respective ordinances. CONCLUSION Adoption of this ordinance would result in more efficient collection and recovery of costs related to enforcement of delinquent and unpaid transient occupancy tax within the City. By: Approved: �. JimS ele M. Nagel Fin e Director City Manager �— Attachment: Ordinance JSBN:ed ORDINANCE NO. AN ORDINANCE AMENDING TITLE 4, CHAPTER 4 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO PROVIDE AUDIT AND LIEN AUTHORITY FOR TRANSIENT OCCUPANCY TAX REPORTING AND COLLECTION WHEREAS, on August 22, 1966, pursuant to its authority under California Revenue and Taxation Code sections 7280 et seq., the City Council of the City of South San Francisco adopted Ordinance No. 554 (South San Francisco Municipal Code Chapter 4.20) ("TOT Ordinance"), which provided for the imposition and collection of a general excise tax on the privilege of using hotel accommodations in the City (a "transient occupancy tax" or "TOT") to be paid by hotel users and collected by hotel operators; and WHEREAS, the City Council has adopted several amendments to the TOT Ordinance, the last of which was Ordinance No. 1365 in 2005 (a one percent rate increase approved by voters), and it has found that certain changes necessary in order to improve and enhance the administrative and enforcement components of TOT collection; and WHEREAS, the City Council hereby finds that this ordinance adds new methods of enforcing the City's existing TOT and will not impose a new tax, extend or increase the existing tax rate, or revise the methodology by which the tax is calculated in a manner that increases the existing tax rate. NOW THEREFORE, the City Council of the City of South San Francisco does ORDAIN as follows: SECTION 1. AMENDMENTS The City Council hereby amends section 130 of Chapter 4.20 of Title 4 of the South San Francisco Municipal Code to read as follows as follows: "4.20.130 Actions to collect. (a) Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owed by the transient to the city. Any such tax collected by an operator which has not been paid to the city shall be deemed a debt owed by the operator to the city. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the city for the recovery of such amount. (b) Attorney's Fees and other costs. In an action authorized by this section, the prevailing party shall recover court costs, attorney's fees, personnel costs, and auditor's fees to be added to the judgment and set by the court. These fees are recoverable at all levels of trial and appeal. (c) Recording Certificate — Lien. If any amount required to be paid to the city under this chapter is not paid when due, the tax administrator may, within three years after the amount is due, file for record in the office of the San Mateo County recorder a certificate of delinquency of transient occupancy tax lien specifying the amount of tax, penalties, interest, and attorney's fees and personnel costs due, the name and address of the operator liable for the same as it appears on the records of the tax administrator, and the fact that the tax administrator has complied with all provisions of this chapter in the determination of the amount required to be paid. From the time of the recording of the Certificate of Delinquency of Transient Occupancy Tax Lien, the amount required to be paid, together with interest, penalties and attorney's fees, constitutes a lien upon all real property in the county owned by operator or thereafter acquired before the lien expires. The lien has the force, effect, and priority of a judgment lien and shall continue for thirty years unless sooner released or otherwise discharged. (d) Priority and Lien of Tax. The amounts required to be remitted and/or paid by any operator under this chapter with penalties and interest shall be satisfied first in any of the following cases: (1) Whenever the person is insolvent; (2) Whenever the person makes a voluntary assignment of his assets; (3) Whenever the estate of the person in the hands of executors, administrators, or heirs is insufficient to pay all the debts due from the deceased; (4) Whenever the estate and effects of an absconding, concealed or absent person required to pay any amount under this chapter are levied upon by process of law. This chapter does not give the city a preference over any recorded lien which attached prior to the date when the amounts required to be paid became a lien. The preference given to the City by this section shall subordinate to the preference given to claims for personal service by Sections 1204 and 1206 of the Code of Civil Procedure. (e) Seizure and Sale. At any time within three (3) years after any operator is delinquent in the payment of any amount, the tax administrator may forthwith collect the amount in the following manner: the tax administrator shall seize the property, real or personal, of the operator and sell the property, or a sufficient part of it, at public auction to pay the amount due together with any penalties and interest imposed for the delinquency and any costs incurred on account of the seizure and sale. Any seizure made to collect transient occupancy taxes due shall be only property of the operator not exempt from execution under provisions of the Code of Civil Procedure. (f) Successor's Liability. If any operator liable for any amount under this chapter sells out his business or quits the business, his successor or assignee shall withhold sufficient of the purchase price to cover such amount until the former owner produces a receipt from the tax administrator showing that it has been paid or a certificate stating that no amount is due. (g) Liability of Purchaser — Release. If the purchaser of a hotel fails to withhold from the purchase price as required, he shall become personally liable for the payment of the amount required to be withheld by him to the extent of the purchase price, valued in money. Within 30 days after receiving a written request from the purchaser for a certificate, or within 30 days from the date the former owner's records are made available for audit, whichever period expires the later, but in any event not later than 60 days after receiving the request, the tax administrator shall either issue the certificate or mail notice to the purchaser at his address as it appears on the records of the tax administrator of the amount that must be paid as a condition of issuing the certificate. Failure of the tax administrator to mail the notice will release the purchaser from any further obligation to withhold from the purchase price as above provided. The time within which the obligation of the successor may be enforced shall start to run at the time the operator sells his business or at the time that the determination against the operator becomes final, whichever event occurs later. (h) If the taxes are not paid when due, such tax, penalty and interest shall constitute a special assessment against such business property and shall be a lien on the property for the amount thereof, which lien shall continue until the amount thereof including all penalties, interest and costs of collection are paid, or until it is discharged of record. SECTION 2. SEVERABILITY If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, 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 any one 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 , 2007. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the day of, 2007 by the following vote: AYES: NOES: ABSTAIN: ABSENT: As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this day of , 2007. Rich A. Garbarino, Mayor Red -Linc Version ORDINANCE NO. AN ORDINANCE AMENDING TITLE 4, CHAPTER 4 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO PROVIDE AUDIT AND LIEN AUTHORITY FOR TRANSIENT OCCUPANCY TAX REPORTING AND COLLECTION WHEREAS, on August 22, 1966, pursuant to its authority under California Revenue and Taxation Code sections 7280 et seq., the City Council of the City of South San Francisco adopted Ordinance No. 554 (South San Francisco Municipal Code Chapter 4.20 ) ("TOT Ordinance"), which provided for the imposition and collection of a general excise tax on the privilege of using hotel accommodations in the City (a "transient occupancy tax" or "TOT") to be paid by hotel users and collected by hotel operators; and WHEREAS, the City Council has adopted several amendments to the TOT Ordinance, the last of which was Ordinance No. 1365 in 2005 (a one percent rate increase approved by voters), and it has found that certain changes necessary in order to improve and enhance the administrative and enforcement components of TOT collection; and WHEREAS, the City Council hereby finds that this ordinance adds new methods of enforcing the City's existing TOT and will not impose a new tax, extend or increase the existing tax rate, or revise the methodology by which the tax is calculated in a manner that increases the existing tax rate. NOW THEREFORE, the City Council of the City of South San Francisco does ORDAIN as follows: SECTION 1. AMENDMENTS The City Council hereby amends section 130 of Chapter 4.20 of Title 4 of the South San Francisco Municipal Code to read as follows as follows: 4.20.130 Actions to collect. (a) Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owed by the transient to the city. Any such tax collected by an operator which has not been paid to the city shall be deemed a debt owed by the operator to the city. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the city for the recovery of such amount. (Ord. 554 § 13, 1966) (b) Attorney's Fees and other costs. In an action authorized by this section, the prevailing party shall recover court costs, attorney's fees, personnel costs, and auditor's fees to be added to the judgment and set by the court. These fees are recoverable at all levels of trial and appeal. (c) Recording Certificate — Lien. If any amount required to be paid to the city under this chapter is not paid when due, the tax administrator may, within three years after the amount is due, file for record in the office of the San Mateo County recorder a certificate of delinquency of transient occupancy tax lien specifying the Red -Line Versi<m amount of tax, penalties, interest, and attorney's fees and personnel costs due, the name and address of the operator liable for the same as it appears on the records of the tax administrator, and the fact that the tax administrator has complied with all provisions of this chapter in the determination of the amount required to be paid. From the time of the recording of the Certificate of Delinquency of Transient Occupancy Tax Lien, the amount required to be paid, together with interest, penalties and attorney's fees, constitutes a lien upon all real property in the county owned by operator or thereafter acquired before the lien expires. The lien has the force, effect, and priority of a judgment lien and shall continue for thirty years unless sooner released or otherwise discharged. (d) Priority and Lien of Tax. The amounts required to be remitted and/or paid by any operator under this chapter with penalties and interest shall be satisfied first in any of the following cases: (1) Whenever the person is insolvent; (2) Whenever the person makes a voluntary assignment of his assets; (3) Whenever the estate of the person in the hands of executors, administrators, or heirs is insufficient to pay all the debts due from the deceased; Whenever the estate and effects of an absconding, concealed or absent person required to pay any amount under this chapter are levied upon by process of law. This chapter does not give the city a preference over any recorded lien which attached prior to the date when the amounts required to be paid became a lien. (4) The preference given to the City by this section shall subordinate to the preference given to claims for personal service by Sections 1204 and 1206 of the Code of Civil Procedure. (e) Seizure and Sale. At any time within three (3) years after any operator is delinquent in the payment of any amount, the tax administrator may forthwith collect the amount in the following manner: the tax administrator shall seize the property, real or personal, of the operator and sell the property, or a sufficient part of it, at public auction to pay the amount due together with any penalties and interest imposed for the delinquency and any costs incurred on account of the seizure and sale. Any seizure made to collect transient occupancy taxes due shall be only property of the operator not exempt from execution under provisions of the Code of Civil Procedure. (f) Successor's Liability. If any operator liable for any amount under this chapter sells out his business or quits the business, his successor or assignee shall withhold sufficient of the purchase price to cover such amount until the former owner produces a receipt from the tax administrator showing that it has been paid or a certificate stating that no amount is due. (g) Liability of Purchaser — Release. If the purchaser of a hotel fails to withhold from the purchase price as required, he shall become personally liable for the payment of the amount required to be withheld by him to the extent of the purchase price, valued in money. Within 30 days after receiving a written request from the purchaser for a certificate, or within 30 days from the date the former owner's records are made available for audit, whichever period expires the later, but in any event not later than 60 days after receiving the request, the tax administrator shall either issue the certificate or mail notice to the purchaser at his address as it Red -Line Version appears on the records of the tax administrator of the amount that must be paid as a condition of issuing the certificate. Failure of the tax administrator to mail the notice will release the purchaser from any further obligation to withhold from the purchase price as above provided. The time within which the obligation of the successor may be enforced shall start to run at the time the operator sells his business or at the time that the determination against the operator becomes final, whichever event occurs later. (h) If the taxes are not paid when due, such tax, penalty and interest shall constitute a special assessment against such business property and shall be a lien on the property for the amount thereof, which lien shall continue until the amount thereof including all penalties, interest and costs of collection are paid, or until it is discharged of record. SECTION 2. SEVERABILITY If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, 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 any one 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 , 2007. Red-Line Vcrsion Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the day of, 2007 by the following vote: AYES: NOES: ABSTAIN: ABSENT: As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this day of , 2007. Rich A. Garbarino, Mayor 0 ., Cn J O A GENDA ITEM # 12 c9LIFOtaff ReDort DATE: July 11, 2007 TO: Honorable Mayor and City Council FROM: Jim Steele, Director of Finance SUBJECT: RESOLUTION PROPOSING CHANGES FOR VOTER APPROVAL AMENDING THE CITY OF SOUTH SAN FRANCISCO MUNICIPAL CODE TO INCLUDE A NEW COMMERCIAL PARKING TAX RECOMMENDATION It is recommended that the City Council approve the attached resolution that: 1. Directs the City Clerk to place a parking tax measure on the ballot for the November 6, 2007 election; 2. Authorizes the Mayor to appoint up to two Councilmembers to a Ballot Measure Subcommittee to write the official ballot argument and any rebuttals subsequently received to ballot arguments against the measure; Approves of the content of the new tax as displayed in the attached ordinance, which would be submitted to the voters for approval. BACKGROUND/DISCUSSION The City receives approximately $1.1 million annually from that portion of the current business license tax that is levied on companies within South San Francisco (the City) that operate commercial parking facilities. In June 2006, a former United Airlines employee parking structure within City boundaries on San Francisco International Airport (SFO) leased land was converted by the Airport to commercial parking. Staff and outside legal counsel had several meetings with SFO and City and County of San Francisco representatives over the following months. As a result of those meetings and negotiations, a settlement agreement was presented to the City Council and approved on May 23, 2007, which defined the tax calculation under the current business license tax structure for SFO. That calculation results in an annual tax of approximately $150,000. The settlement was reached after it was determined that there was ambiguity in how to apply the tax, as currently structured, to SFO. That ambiguity has to do with the nature of how to count the actual gross receipts of the private parking operator, since technically, the parking receipts do not belong to the operator. Because of the ambiguity, the City receives much less from parking revenues at SFO under the scenario than it does from comparable commercial parking companies in South San Francisco. The $150,000 the City Staff Report Subject: Parking Tax Ordinance Page 2 of 3 receives from SFO under the terms of the settlement agreement is, in effect, approximately a I% effective tax rate to SFO. In order to assess a parking tax that is applied more uniformly to all parking operators, legal counsel has advised the City that it can ask the voters to change the structure of the tax from a business license tax, in which the business's tax receipts are taxed at 8%, to a tax on the parking customer of 8%. The City and County of San Francisco structure the parking tax on their parking lots in this manner, so there is precedent for the methodology. The tax is on the customer, similar to the City's Transient Occupancy, or TOT (hotel) tax. By implementing this methodology, the ambiguity of how to charge SFO customers would be removed, and the City would see an estimated $1.0 million annually from SFO, instead of $150,000. Except for the customers at SFO's lot, and for any new long-term parking that may be initiated at the BART Station, there should be no impact on the parking rates for customers at all other lots within South San Francisco. That is because they will be paying for the 8% tax directly if the new tax is approved, instead of indirectly in the overall charge, as is currently the case. Parking customers would presumably see a separate line item for the tax on their parking receipt. Exemptions After consultations with the Budget Subcommittee (Councilmembers Fernekes and Matsumoto), staff recommends that the following exemptions be applied: • When the City is the owner or operator of the lot. The City is already collecting parking fees from its current lots downtown, so the tax would be duplicative; • For a public transit agency (such as Caltrain, SamTrans, or BART) when the parking is for less than 24 hours, i.e., daily commuters would be exempted. This exemption will be provided when the administrative ordinance is submitted later to Council; • When the law otherwise requires an exemption. Vote Requirements Under Proposition 218 Under Proposition 218, this tax is considered a general-purpose tax, and has to be submitted to the voters at the same time an election for the governing body occurs. The next such election is November 6, 2007, so staff recommends moving forward with that date. The measure would require a simple majority of South San Francisco voters to be approved. Timeline Council approval: July 11, 2007 (Requires 2/3 Council approval) City Clerk Files Notice with the County: No later than August 10, 2007 Ballot argument submitted: No later than August 17, 2007 Staff recommends that the Mayor appoint a Subcommittee to prepare the ballot argument and to write any rebuttals to arguments submitted in opposition. Staff Report Subject: Parking Tax Ordinance Page 3 of 3 Rebuttal to any arguments submitted in opposition: No later than August 27, 2007 Election Day: November 6, 2007. Effective Date: January 1, 2008 (if approved by a majority of those voting) The attached resolution, which requires a 2/3 vote of Council, calls on a ballot measure for the regular November 6, 2007 election, and authorizes the Mayor to appoint a total of two Councilmembers to a Ballot Measure Subcommittee to write the official ballot argument and any rebuttal to a ballot argument against the measure. The resolution also approves of the contents of the new tax as displayed in the first of two ordinances. That language basically changes the tax from a component of the business license tax to a parking tax due from the customer, with the parking company acting as collector of the tax on the City's behalf (similar to the TOT). The tax rate would remain 8%, and would take effect on January 1, 2008. Staff will return to the Council at a later time with a second ordinance for a series of administrative measures that do not need voter approval having to do with administrative procedures. By separating out these administrative items, the Council can amend them without going back to the voters, as long as the tax itself isn't being changed. FISCAL IMPACT If the voters approve the parking tax changes recommended herein, staff estimates that the General Fund will realize approximately $800,000 - $1,000,000 in new revenue annually. CONCLUSION The proposed changes to the parking tax would provide for a more uniform application of the parking tax to all customers, provide additional General Fund revenues, and provide a more stable general fund revenue stream for the foreseeable future. Prepared by: Approved b Z LCIIc gaSncteele r M. Nagel e Director City Manager Attachments: Resolution Ordinance for ballot measure RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ESTABLISHING NOVEMBER 6, 2007 AS THE DATE FOR A MUNICIPAL ELECTION ON A PROPOSED BALLOT MEASURE SEEKING VOTER AUTHORIZATION FOR A COMMERCIAL PARKING TAX FOR GENERAL FUND PURPOSES, ESTABLISHING POLICIES AND PROCEDURES IN CONNECTION WITH SUCH AN ELECTION, AND REQUESTING THAT THE SAN MATEO CHIEF ELECTIONS OFFICER CONDUCT SUCH AN ELECTION. WHEREAS, following notice and a public hearing held on July 11, 2007, the City Council proposes the creation of a parking tax to be imposed on persons parking motor vehicles within the City for a fee; and WHEREAS, the proposed tax would not apply to parking lots or metered parking operated by the City of South San Francisco, such as in the downtown area; and WHEREAS, at said public hearing, the City Council heard public testimony from the voters regarding the creation of such a parking tax; and WHEREAS, the proposed parking tax and would only be imposed as an alternative to the City's current business license tax on commercial parking facilities; and WHEREAS, the tax rate of the proposed parking tax would be 8% of the rent paid by persons parking motor vehicles within the City; and WHEREAS, the proposed parking tax would provide a more uniform tax structure for all commercial parking facilities operating within South San Francisco; and WHEREAS, by providing for a more uniform tax, the City of South San Francisco would also receive additional tax revenues to fund important services for its citizens, which have been reduced in recent years; and WHEREAS, under the provisions of the laws relating to general law cities in the State of California, an election shall be held on November 6, 2007, for the submission to the voters of the question of whether to enact a parking tax on persons parking motor vehicles within the City; and WHEREAS, it is desirable that the election be consolidated with the statewide election to be held on the same date, and that within the City, the precincts, polling places, and election officers of the two elections be the same; and WHEREAS, it is desirable that the County Election Department of the County of San Mateo canvass the returns of the Special Municipal Election and that the election be handled in all respects as if there were only one election; and WHEREAS, Elections Code sections 9280 to 9287 set forth the procedures for arguments in favor of and in opposition of any City measure; and WHEREAS, based on all of the information presented at the July 11, 2007 meeting, both written and oral, including the staff reports, minutes, and other relevant materials, the City Council finds that under CEQA Guidelines 15060(c)(2) and 15378, subdivision (b)(4), this proposed tax does not constitute a project under CEQA, and therefore review under CEQA is not required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that: Section 1. The City Council shall present a proposed general tax to the voters for their consideration pursuant to Government Code sections 37100.5 and 53724. Section 2. The City Council hereby calls an election at which it shall submit to the qualified voters of the City of South San Francisco, a measure that, if approved, would adopt an eight percent tax on parking. This measure shall be designated by letter by the San Mateo County Registrar of Voters. Pursuant to Election Code Section 10400 et seq., the election for this measure shall be consolidated with the established election to be conducted on November 6, 2007. Section 3. The ballot language for the proposed measure shall be as follows: MEASURE APPROVAL OF AN EIGHT PERCENT TAX ON COMMERCIAL PARKING AS AN ALTERNATIVE TO THE EIGHT PERCENT BUSINESS LICENSE TAX ON COMMERCIAL PARKING FACILITIES. Shall an ordinance be adopted establishing an eight percent tax on commercial that would be imposed only as an alternative to the existing eight percent YES business license tax on commercial parking facilities? NO Section 4. The full text of the proposed measure to be submitted to the voters is attached as Attachment 1 ("the measure") hereto. If the majority of qualified voters voting on the Measure shall vote in favor therefore, the Measure shall be deemed adopted and shall be effective upon its adoption. Section 5. The City Clerk is hereby directed to cause notice of the measure to be published once in a newspaper of general publication in the City, in accordance with Section 12111 of the Elections Code and Section 6061 of the Government Code. Section 6. The City Clerk is directed to cause the posting, publication, and printing of notices and all other matters pursuant to the requirements of the Elections and Government Codes of the State of California. Section 7. (a) The City Council hereby requests that the San Mateo County Board of Supervisors consolidate the election called by this resolution with the statewide election to be conducted on November 6, 2007 and order the election to be conducted by the Chief Elections Officer. The City Clerk is directed to file a certified copy of this resolution with the Board of Supervisors and Chief Elections Officer on or before August 10, 2007. (b) The election on the measure set forth in Sections 3 and 4 shall be held and conducted, the votes canvassed and the returns made, and the results ascertained and determined as provided for herein. In all particulars, the election shall be held in accordance with the Elections Code of the State of California. (c) The election on the measure set forth in Sections 3 and 4 shall be held in the City of South San Francisco on November 6, 2007, as required by law, and the Board of Supervisors of San Mateo County is authorized to canvass the returns of the election with respect to the votes cast in the City of South San Francisco and certify the results to the City Council. (d) At the next regular meeting of the City Council occurring after the returns of the election for the measure set forth in Sections 3 and 4 have been canvassed and the certification of the results to the City Council, the City Council shall cause to be entered in its minutes a statement of the results of the election. Section 8. (a) The last day for submission of direct arguments for or against the measure shall be by 5:00 p.m. on Friday, August 17, 2007. (b) The last day for submission of rebuttal arguments for or against the measure shall be by 5:00 p.m. on Monday, August 27, 2007. (c) Direct arguments shall not exceed three hundred words and shall be signed by not more than five persons. (d) Rebuttal arguments shall not exceed two hundred fifty words and shall be signed by not more than five persons; those persons may be different persons than the persons who signed the direct arguments. (e) The City Attorney shall prepare by Monday, August 27, 2007, an impartial analysis of the measure showing the effect of the measure. (f) The Mayor is hereby authorized to select two members of the City Council to prepare a written argument in favor of the proposed ordinance, not to exceed 300 words, on behalf of the City Council. At the Mayor's discretion, the argument may also be signed by members of the City Council or bona fide associations or by individual voters who are eligible to vote. In the event that an argument is filed against the measure, the Mayor is also authorized to select two members of the City Council to prepare a rebuttal argument on behalf of the City Council, which may also be signed by members of the City Council or bona fide associations or by individual voters who are eligible to vote. (g) Pursuant to California Elections Code Section 9285, when the City Clerk has selected the arguments for and against the measure, which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument, which it seeks to rebut. Section 9. The City Manager is hereby authorized and directed to appropriate the necessary funds to pay for the City's cost of placing the measure on the election ballot. Section 10. The City Clerk is hereby authorized and directed to take all steps necessary to place the measure on the ballot and to cause the ordinance or measure to be printed. A copy of the ordinance or measure shall be made available to any voter upon request. IT IS HEREBY CERTIFIED that the City Council of the City of South San Francisco duly introduced and regularly adopted the foregoing resolution at a meeting held on the _ day of , 2007 by the following vote, to -wit: AYES: COUNCILMEMBERS : NOES: COUNCILMEMBERS : ABSENT: COUNCELMEMBERS: MAYOR ATTEST: CITY CLERK I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the , 2007 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk Attachment 1 ORDINANCE NO. AN ORDINANCE ADDING CHAPTER 4.22 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO IMPOSE A COMMERCIAL PARKING TAX AND AMENDING SECTION 6.16.047 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE The Voters of the City of South San Francisco, State of California, hereby ordain as follows: SECTION 1. Purpose, Intent and Authority. The tax imposed by this ordinance is an excise tax on the activity of parking motor vehicles in the City of South San Francisco where there is a rent charged for parking. It is not a tax on real property, nor is it any other kind of tax on property or the ownership of property. It is not a transaction or sales tax on the sale of real property. The tax is a general tax under Proposition 218 and will be submitted to the voters on November 6, 2007. SECTION 2. Chapter 4.22 is hereby added to the South San Francisco Municipal Code as set forth below: CHAPTER 4.22 COMMERCIAL PARKING TAX 4.22.010 Short title. This chapter shall be known as the Commercial Parking Tax of the City of South Safi Francisco. 4.22.020 Definitions. When used in this chapter the following terms shall mean or include: (a) "The City" — The City of South San Francisco. (b) "Lost ticket" — A parking ticket that has been issued to and misplaced by an occupant and which has not been returned to the operator with payment of rent. (c) "Motor vehicle" — Any self-propelled vehicle operated or suitable for operation on the highway. Page 1 of 8 (d) "Occupancy" — The use or possession or the right to the use or possession of any space for the parking of a motor vehicle in a parking station. (e) "Occupant" — A person who, for consideration, uses, possesses or has the right to use or possess any space for the parking of a motor vehicle in a parking station under any lease, concession, permit, right of access, license to use, or other agreement. (f) "Operator" — Any person operating a parking station in the City, including but not limited to, the owner or proprietor of such premises, lessee, sublessee, mortgagee in possession, licensee or any other person otherwise operating such parking station. A person who otherwise qualifies as an operator as herein defined shall not, by reason of the fact that he or she is exempt from the parking tax herein imposed, be exempted from the obligations of an operator hereunder. (g) "Parking space" — A marked area or space designated for and only large enough for the parking of a single motor vehicle. (h) "Parking Station" — The term "parking station" shall include, but is not limited to: (1) Any outdoor space or uncovered plot, place, lot, parcel, yard or enclosure, or any portion thereof, where motor vehicles may be parked, stored, housed or kept, for which any charge is made; (2) Any building or structure, or any portion thereof in which motor vehicles may be parked, stored, housed or kept, for which any charge is made. (i) "Parking ticket" — The record provided by the operator to the occupant setting forth the time and date that the occupant's vehicle entered the parking station that is used by the operator to determine the rent charged to the occupant. (j) "Rent" — The consideration received for occupancy valued in money, whether received in money or otherwise, including all receipts, cash, credits and property or services of any kind or nature, and also the amount for which credit is allowed by the operator to the occupant without any deduction therefrom whatsoever. (k) "Tax Collector" — The Director of Finance of the City of South San Francisco or his or her designee. (1) "Transaction" — The calculation and payment of rent for occupancy. Page 2 of 8 (m) "Unaccounted ticket" — A ticket that is issued to an occupant and is not returned to the operator. A lost ticket is an unaccounted ticket. 4.22.030 Imposition and rate of parking tax. Subject to the provisions of this chapter, there is hereby imposed a tax of eight percent of the rent of every occupancy of a parking space in a parking station in the City. 4.22.040 Charges subject to parking tax. The term "rent," as defined in section 4.22.0200), shall be deemed to include the total charges required to be paid by an occupant (including but not limited to any separately stated valet or service labor charge for parking) in connection with the use or occupancy of a parking space, provided that nothing herein shall require the payment of parking tax on the sale of petroleum products, automobile parts, or the like, or the rendering of services (including car -wash services) totally unconnected with the use or occupancy of a parking space. The cost of services provided by an operator to an occupant at no extra or separate charge shall not reduce the amount of rent subject to the tax. 4.22.050 Occupant to pay parking tax to operator. Unless prohibited by the laws of the United States, the State of California, or exempted by the provisions of this code, every occupant occupying a parking space or spaces in a parking station in the City shall be required to pay the parking tax to the operator along with the rent for occupancy. 4.22.060 Exemptions. No parking tax shall be imposed (a) On the rent for the occupancy of a parking space in a parking station of which the City is the owner or operator, either directly or through contract. (b) On the rent for the occupancy of a parking space in a parking station where the occupant is exempt from being subject to the parking tax under the laws of the United States or the State of California. 4.22.070 Administration. (a) The Tax Collector shall deposit all moneys collected pursuant to this chapter into the general fund of the City. The collections may be expended for any City purpose. Page 3 of 8 (b) The Tax Collector shall enforce the provisions of this chapter and may prescribe, adopt, and enforce rules and regulations not inconsistent with the provisions of this chapter as may be necessary or desirable to aid in the administration and enforcement of the provisions of this chapter. Such rules and regulations may include exemptions from the parking tax and may otherwise create limitations to the application of the parking tax. However, any rule or regulation promulgated by the Tax Collector that creates an exemption or limitation to the parking tax shall be only temporary unless explicitly approved by the City Council as a permanent exemption or limitation. The Tax Collector may also prescribe the extent to which any rule or regulation shall be applied without retroactive effects. 4.22.080 Collection of parking tax by operator; receipt to occupant. (a) Every operator renting a parking space in a parking station in the City to an occupant who is not exempted under this chapter or elsewhere in this code, shall at the time of collecting the rent from the occupant collect the parking tax from the occupant and on demand shall give to the occupant a receipt for the transaction. In all cases in which the parking tax is not collected by the operator the operator shall be liable to the City for the amount of parking tax due on the amount of taxable rent collected from the occupant under the provisions of this chapter, the same as though the parking tax were paid by the occupant. (b) Unless the operator can provide an explanation or other sufficient proof that the Tax Collector in his or her sole discretion deems to be credible to establish the validity of a claim for a lost ticket or an otherwise unaccounted ticket, every lost ticket and unaccounted ticket shall be considered as a full value parking ticket for which the operator is liable for transmitting to the City the full value of the parking tax required under this code applicable to a full day's rent for a single parking space occupancy without discount. 4.22.090 Reporting and remitting. (a) On or before the last day of each month, each operator shall file a return with the Tax Collector on forms provided by the City reporting the total amount of rent charged and received and the total amount of parking tax collected by the operator for the occupancy of the operator's parking spaces in the previous month. (b) On or before the last day of each month, each operator shall remit to the Tax Collector the parking tax collected by the operator for the occupancy of the operator's parking spaces in the previous month. (c) Returns and remittances are due within ten days of the cessation of business for any reason, or within ten days of a change in ownership of the business. All parking taxes collected by operators pursuant to this chapter shall Page 4 of 8 be held in trust for the account of the City until payment thereof is made to the Tax Collector 4.22.100 Penalties and interest. (a) Any parking tax that is not remitted to the City within the time required is delinquent and the operator shall pay a penalty of ten percent of the amount of delinquent parking tax. (b) An operator who fails to remit any delinquent parking tax on or before a period of thirty days following the date on which the parking tax first became delinquent shall pay an additional delinquency penalty of another ten percent of the amount of the delinquent parking tax. (c) If the Tax Collector determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of ten percent of the amount of the tax shall be added thereto in addition to the penalties stated in subdivisions (a) and (b) of this section. (d) In addition to the penalties imposed by this section, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one percent per month, or fraction thereof, on the amount of the delinquent tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. (e) Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the parking tax required to be remitted by the operator. 4.22.180 Actions to collect. Any parking tax required to be paid by any occupant under the provisions of this chapter shall be deemed a debt owed by the occupant to the City. Any such parking tax collected by an operator, which has not been paid to the City, shall be deemed a debt owed by the operator to the City. Any person owing money to the City under the provisions of this chapter shall be liable in an action brought in the name of the City for the recovery of such amount. 4.22.200 Determination by City Council to impose either the commercial parking tax or the business license tax on commercial parking facilities. (a) For any calendar year the City may only impose throughout the City either the commercial parking tax of this chapter or the business license tax on commercial parking facilities in section 6.16.047 of this Code. The City may not impose both taxes anywhere in the City at the same time. The decision whether to Page 5 of 8 impose the commercial parking tax or the business license tax on commercial parking facilities is within the discretion of the City Council to decide. If the City Council wishes to change which tax is being collected, it shall do so by resolution passed before the start of the calendar year to which it is to apply. (b) Whenever the commercial parking tax of this chapter is being imposed, and the business license tax on commercial parking facilities in section 6.16.047 is not being imposed, commercial parking facilities shall be subject to the business license tax provided for in section 6.16.240. SECTION 3. Section 6.16.047 of the South San Francisco Municipal Code is hereby amended to read as set forth below: 6.16.047 Commercial parking facility. (a) Commercial Parking Facility Defined. "Commercial parking facility" means any privately owned or operated facility which provides, for any form of consideration, parking or storage for motor vehicles, motorcycles, trailers, bicycles or other similar means of conveyance for passengers or property. Privately owned or operated facilities, which would otherwise be within the foregoing definition of "commercial parking facility," are excluded from that definition when rented appurtenant to the rental of residential -dwelling units which are not otherwise required to be licensed pursuant to this chapter. (b) "Operator" means any person who, as owner, lessee, employee, agent or otherwise, operates, maintains, manages, keeps, permits or allows to be operated, maintained, managed or keep any commercial parking facility in or upon any premises owned, leased, managed, operated or controlled by such person within the city. (c) The license tax payable by operator shall be eight percent of the gross receipts received from facilities operated within South San Francisco without deduction therefrom. (d) This section shall become operative and the tax set forth herein shall be imposed on January 1st, 1983. (e) For any calendar year the City may only impose throughout the City either the business license tax on commercial parking facilities of this section or the commercial parking tax of chapter 4.22. The City may not impose both taxes at the same time anywhere in the City. The decision whether to impose the commercial parking tax of chapter 4.22 or the business license tax on commercial parking facilities of this section is within the discretion of the City Council to decide. If the City Council wishes to change which tax is being collected, it shall do so by resolution passed before the start of the calendar year to which it is to apply. Whenever the commercial parking tax of chapter 4.22 is being imposed, Page 6 of 8 and the business license tax on commercial parking facilities of this section is not being imposed, commercial parking facilities shall be subject to the business license tax provided for in section 6.16.240 SECTION 4. Power of the City Council to Amend This Ordinance It is the intent of the voters in approving the commercial parking tax in this ordinance that the City Council shall have the power to amend the terms of the commercial parking tax as approved by the voters, including but not limited to, creating further exceptions to the commercial parking tax, reducing the rate of the commercial parking tax, and creating procedures for the administration and collection of the commercial parking tax (including changing the dates on which the tax must be remitted to the City by an operator). SECTION 5. Effective Date Unless and until the City Council provides otherwise pursuant to section 6.16.047, subdivision (e), and section 4.22.200 of the South San Francisco Municipal Code as amended by this ordinance, the commercial parking tax shall go into effect for the 2008 calendar year, and the business license tax on commercial parking facilities in section 6.16.047 will not be imposed. SECTION 6. Severability In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 7. Authority for Ordinance This ordinance is enacted pursuant to the authority of section 37100.5 of the Government Code. SECTION 8. Election Required The tax proposed by this ordinance shall not become effective until approved by majority of the voters voting on the issue at the November 6, 2007 election. APPROVED by the following vote of the People of the City of South San Francisco on November 6, 2007: Page 7 of 8 ADOPTED by Declaration of the vote by the City Council of the City of South San Francisco on , 2007: AYES: NOES: ABSENT: ATTEST: City Clerk Page 8 of 8 Mayor APPROVED AS TO FORM: Attorney for the City DATE: July 11, 2007 TO: Honorable Mayor and City Council FROM: Jim Steele, Director of Finance SUBJECT: RESOLUTION AUTHORIZING A BUSINESS LICENSE TAX BALLOT MEASURE ON NOVEMBER 6, 2007 RECOMMENDATION It is recommended that the City Council approve the attached resolution that: 1. Directs the City Clerk to place a business license tax measure on the ballot for the November 6, 2007 election; 2. Authorizes the Mayor to appoint up to two Councilmembers to a Ballot Measure Subcommittee to write the official ballot argument and any rebuttal to a ballot argument against the measure; 3. Approves of the contents of the new tax as displayed in the attached ordinance, which would be submitted for voter approval. BACKGROUND/DISCUSSION There are several problems with the current business license tax. It was last changed in 1976, and is somewhat outdated in terms of categories of businesses. Second, it has a cap of $1,000 for almost all businesses, meaning that the City of South San Francisco (the City) has not been able to keep its tax structure current with surrounding cities. Third, there is no provision in the current tax to index the rates each year with inflation, meaning that over time, the business license tax generates less and less real dollars to provide needed offsets to the cost of providing business-related services such as police, fire, and street and storm drain maintenance. In San Mateo County cities, the average business license tax revenue per capita for the larger cities is $23, according to the most recent available data from the State Controller's Office, while the City's is only $11. With the proposed change, the City's revenue would be $17 per capita, still 74% of the County per capita average, and therefore still maintaining South San Francisco's relative affordability for business taxes. The limitations of the current tax were discussed with the Council and in detail with the Budget Subcommittee (Councilmembers Fernekes and Matsumoto) as part of a focused review of the City's long-term financial health over the past year. One of the conclusions of that review was Staff Report Subject: Business License Tax Ballot Measure Page 2 of 3 that revenues have failed to keep pace with expenditures over time, and that both revenues and expenditures would need to be adjusted in order to maintain a level of service for the community the public has come to expect. Revising the business license tax as proposed in this report will address a part of this problem, generating an estimated $400,000 in additional dollars for the General Fund, if approved by the voters. Recommended Changes • Raise the cap from $1,000 to $75,000. With that new increase, the highest paying business would still be lower than several of the highest paid businesses in the City of San Mateo, even though South San Francisco's largest employer is larger than San Mateo's. This $75,000 cap would only impact one business in South San Francisco, and the next highest paying business would pay an estimated $8,385. Information on the impacts on businesses from the proposed change is provided in the attachments. Staff recommends the cap in order to keep South San Francisco from having the highest business license tax in the County. • Increase the tax per employee from $5 to $15. Because over half of South San Francisco businesses have only one employee, the majority of South San Francisco's employers would only see a $10 increase in their business license tax. • Allow for the base rate ($75/year) plus the per employee rate ($15) plus other cost items to grow annually with inflation so they maintain their value over time. Outreach Efforts Staff has met with the South San Francisco Chamber of Commerce Board on this proposal, as well as the Chamber's general membership at a breakfast meeting on June 27, 2007. In addition, the Finance Director and/or City Manager met with See's Candies representatives and a representative from Genentech to go over the proposed tax. No significant concerns were raised during these meetings. Vote Requirements Under Proposition 218 Under Proposition 218, this tax is considered a general tax, and has to be submitted to the voters at the same time that an election for the governing body occurs. The next such election is November 6, 2007, so staff recommends moving forward with that date. The measure would require a simple majority of South San Francisco voters to be approved. TimplinP Council approval: July 11, 2007 (Requires 2/3 Council approval) City Clerk Files Notice with the County Registrar of Voters: No later than August 10, 2007 Ballot argument submitted: No later than August 17, 2007 Staff recommends that the Mayor appoint a Subcommittee to prepare the ballot argument and to write any rebuttals to arguments submitted in opposition. Staff Report Subject: Business License Tax Ballot Measure Page 3 of 3 Rebuttal to any arguments submitted in opposition: No later than August 27, 2007 Election Day: November 6, 2007. Take effect: January 1, 2009 (if approved by a majority of those voting) The extra time would allow staff to work with the business community to prepare them for the change, allow businesses time to prepare for the increase, and allow the Finance Department sufficient time to mail out proper license renewal forms. Those forms go out in November each year, so it would not be practical to wait for the election results to revise the forms to send out for the 2008 tax year. The attached resolution, which requires a 2/3 Council vote, would place the measure on the ballot for the regular November 6, 2007 election, and authorize the Mayor to appoint up to two Councilmembers to a Ballot Measure Subcommittee to write the official ballot argument and any rebuttal to a ballot argument against the measure. The resolution also approves the contents of the new tax as displayed in the attached ordinance. A second ordinance, which can be approved by Council, will be submitted at a later date, and will contain a series of administrative measures that do not need voter approval. By separating out these items, the Council can amend them without going back to the voters, as long as the tax itself isn't being changed. FISCAL IMPACT If the voters approve the business license tax changes contained in the attached ordinance, staff estimates that the General Fund will realize at least an additional $400,000 annually, which would grow annually with inflation. CONCLUSION The proposed changes to the business license tax would provide for a more stable general fund revenue stream for the foreseeable future, and would bring South San Francisco's business licenses more in line with the rest of the cities in San Mateo County on a per capita basis, but will not result in South San Francisco having the highest business license tax in the County. Prepared by:--' Approved by c Jim teele y M. Nagel �— Fi nce Director City Manager Attachments: Resolution Business License Tax Ballot Measure Changes Ordinance Comparative Charts RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ESTABLISHING NOVEMBER 6, 2007 AS THE DATE FOR A MUNICIPAL ELECTION ON A PROPOSED BALLOT MEASURE SEEKING VOTER AUTHORIZATION TO INCREASE THE CITY'S EXISTING BUSINESS LICENSE TAX FOR GENERAL FUND PURPOSES, ESTABLISHING POLICIES AND PROCEDURES IN CONNECTION WITH SUCH AN ELECTION, AND REQUESTING THAT THE SAN MATEO COUNTY CHIEF ELECTIONS OFFICER CONDUCT SUCH AN ELECTION. WHEREAS, in 1976, the City Council of the City of South San Francisco approved the imposition of a business license tax, codified as Chapter 6.04 of the South San Francisco Municipal Code (the "Business License Tax"), which provided from the imposition and collection of a general excise tax on the privilege of transacting and carrying on business in the City; and WHEREAS, the tax has not been significantly changed since 1976; and WHEREAS, data from the State Controller's Office indicates that the City's per capita business license tax revenue is significantly below the average of other cities in San Mateo County; and WHEREAS, the current tax does not grow each year to keep pace with inflation, and loses more and more value over time; and WHEREAS, following notice and a public hearing held on July 11, 2007, the City Council proposes an increase in the business license tax in the City; and WHEREAS, at said public hearing, the City Council heard public testimony from the voters regarding authorization of an increase in the business license tax rate; and WHEREAS, the tax to be submitted to the voters, if approved, would be imposed on business owners and operators for the privilege of doing business in the City. The base tax rate, plus the per employee rate and other cost items, to be determined by the City Council, would be increased by $10 per employee for most businesses and allowed to grow with inflation annually to maintain their value over time. The rates for other businesses would also changed, as listed in more detail in the attached ordinance. The tax shall be approved if the measure receives at least a majority of affirmative votes; and WHEREAS, under the provisions of the laws relating to general law cities in the State of California, an election shall be held on November 6, 2007, for the submission to the voters of a question relating to an increase in the business license tax; and WHEREAS, it is desirable that the election be consolidated with the statewide election to be held on the same date, and that within the City, the precincts, polling places, and election officers of the two elections be the same; and WHEREAS, it is desirable that the County Election Department of the County of San Mateo canvass the returns of the Special Municipal Election and that the election be handled in all respects as if there were only one election; and WHEREAS, based on all of the information presented at the July 11, 2007 meeting, both written and oral, including the staff reports, minutes, and other relevant materials, the City Council finds that under CEQA Guidelines 15060(c)(2) and 15378, subdivisions (2) and (4) of subdivision (b), this tax does not constitute a project under CEQA and therefore review under CEQA is not required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that: Section 1. The City Council is authorized to present a proposition to the voters for their consideration pursuant to Government Code section 53724. Section 2. The City Council hereby calls an election at which it shall submit to the qualified voters of the City of South San Francisco, a measure that, if approved, would amend the City's general business license tax, as authorized by California Government Code section 37101 and California Business and Professions Code sections 16000 et seq. This measure shall be designated by letter by the San Mateo County Registrar of Voters. Pursuant to Election Code Section 10400 et seq., the election for this measure shall be consolidated with the established election to be conducted on November 6, 2007. Section 3. The ballot language for the proposed measure shall be as follows: MEASURE APPROVAL OF INCREASES IN THE BUSINESS LICENSE TAX RATES FOR MOST BUSINESSES AND AUTOMATIALLY ADJUSTING ALL RATES ANNUALLY FOR INFLATION. To provide needed funding for general city services, including police, fire, street and park maintenance, and library programs, shall an ordinance be YES adopted increasing the annual business license tax for most business types, resulting in a $10 per employee annual increase for most businesses, and automatically adjusting all business license tax rates annually for inflation? NO Section 4. The full text of the proposed measure to be submitted to the voters is attached as Attachment 1 (the "Measure") hereto. If the majority of qualified voters voting on the Measure shall vote in favor therefor, the Measure shall be deemed adopted and shall be effective upon its adoption. Section 5. The City Clerk is hereby directed to cause notice of the measure to be published once in a newspaper of general publication in the City, in accordance with Section 12111 of the Elections Code and Section 6061 of the Government Code. Section 6. The City Clerk is directed to cause the posting, publication, and printing of notices and all other matters pursuant to the requirements of the Elections and Government Codes of the State of California. Section 7. (a) The City Council hereby requests that the San Mateo County Board of Supervisors consolidate the election called by this resolution with the statewide election to be conducted on November 6, 2007 and order the election to be conducted by the Chief Elections Officer. The City Clerk is directed to file a certified copy of this resolution with the Board of Supervisors and Chief Elections Officer on or before August 10, 2007. (b) The election on the measure set forth in Sections 3 and 4 shall be held and conducted, the votes canvassed and the returns made, and the results ascertained and determined as provided for herein. In all particulars, the election shall be held in accordance with the Elections Code of the State of California. (c) The election on the measure set forth in Sections 3 and 4 shall be held in the City of South San Francisco on November 6, 2007, as required by law, and the Board of Supervisors of San Mateo County is authorized to canvass the returns of the election with respect to the votes cast in the City of South San Francisco and certify the results to the City Council. (d) At the next regular meeting of the City Council occurring after the returns of the election for the measure set forth in Sections 3 and 4 have been canvassed and the certification of the results to the City Council, the City Council shall cause to be entered in its minutes a statement of the results of the election. Section 8. (a) The last day for submission of direct arguments for or against the measure shall be by 5:00 p.m. on Friday, August 17, 2007. (b) The last day for submission of rebuttal arguments for or against the measure shall be by 5:00 p.m. on Monday, August 27, 2007. (c) Direct arguments shall not exceed three hundred words and shall be signed by not more than five persons. (d) Rebuttal arguments shall not exceed two hundred fifty words and shall be signed by not more than five persons; those persons may be different persons than the persons who signed the direct arguments. (e) The City Attorney shall prepare by Monday, August 27, 2007, an impartial analysis of the measure showing the effect of the measure. (f) The Mayor is hereby authorized to select two members of the City Council to prepare a written argument in favor of the proposed ordinance, not to exceed 300 words, on behalf of the City Council. At the Mayor's discretion, the argument may also be signed by members of the City Council or bona fide associations or by individual voters who are eligible to vote. In the event that an argument is filed against the measure, the Mayor is also authorized to select two members of the City Council to prepare a rebuttal argument on behalf of the City Council, which may also be signed by members of the City Council or bona fide associations or by individual voters who are eligible to vote. [NOTE: The members of the Council authorized to prepare the arguments can be changed.] (g) Pursuant to California Elections Code Section 9285, when the City Clerk has selected the arguments for and against the measure, which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument, which it seeks to rebut. Section 9. The City Manager is hereby authorized and directed to appropriate the necessary funds to pay for the City's cost of placing the measure on the election ballot. Section 10. The City Clerk is hereby authorized and directed to take all steps necessary to place the measure on the ballot and to cause the ordinance or measure to be printed. A copy of the ordinance or measure shall be made available to any voter upon request. IT IS HEREBY CERTIFIED that the City Council of the City of South San Francisco duly introduced and regularly adopted the foregoing resolution at a meeting held on the _ day of , 2007 by the following vote, to -wit: AYES: COUNCILMEMBERS : NOES: COUNCILMEMBERS : ABSENT: COUNCILMEMBERS: MAYOR ATTEST: CITY CLERK I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the , 2007 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk Attachment 1 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 6 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE, UPDATING BUSINESS LICENSE TAX PROVISIONS AND ADJUSTING RATES FOR INFLATION The Voters of the City of South San Francisco, State of California, hereby ordain as follows: SECTION 1. Purpose, Intent and Authority. It is of critical importance to the City Council of the City of South San Francisco ("City") to provide services that support homes and businesses such as the maintenance of police, fire, emergency medical, and other public safety services, roadways and storm drains, sidewalks, planning and code enforcement, libraries, street sweeping, and parks. In carefully reviewing the City's budget and the current business license tax, it has become clear to City staff that the business license tax requires updating and that it is not generating adequate revenue to offset the cost of providing business-related services. It is the purpose and intent of this ordinance to generate additional funds to provide and maintain general and business-related services, keep the tax structure current with surrounding cities, and to index the tax rates each year with inflation so that revenues from the tax continue to provide adequate funding for city services over time. The tax imposed by this ordinance is an excise tax on the privilege of conducting business in the City. It is not a tax on real property, nor is it any other kind of tax on property or the ownership of property. It is not a transaction or sales tax on the sale of real property. The tax is a general tax under Proposition 218 and will be submitted to the voters on November 6, 2007. SECTION 2. Section 6.04.030 of the South San Francisco Municipal Code is hereby amended to read as set forth below: 6.04.030 Prima facie evidence of doing business. When any person shall by use of signs, circulars, cards, telephone book, internet web pages, newspapers, or other related means cause to advertise, hold out, or represent that he is in business in the city, or when any person holds an active license or permit issued by a governmental agency indicating that he is in business in the city, and such person fails to deny by a sworn statement given to the collector that he is not conducting a business in the city, after being requested to do so by the collector, then these facts shall be considered prima facie evidence that he is conducting a business in the city. Page 1 of 15 SECTION 3. Section 6.04.110 of the South San Francisco Municipal Code is hereby amended to read as set forth below: 6.04.110 Classification of businesses. A. Upon application for or renewal of a business license, in the event that a business can legitimately or reasonably be assigned to more than one classification, the collector shall assign the business to an appropriate and reasonable category. A business that disagrees with the collector's assignment may seek review thereof, as provided for in subsections (C) -(E) below. B. The classification of a business may change as a result of a change of technology and/or the predominant nature of the business's activities, and the collector may revise the classification at the next renewal time. C. In any case where a licensee or an applicant for a license believes that his individual business is not assigned a reasonable classification under this chapter and Chapters 6.08 through 6.16 because of circumstances peculiar to it, as distinguished from other businesses of the same kind, he may apply to the collector for reclassification. Such application shall contain such information as the collector may deem necessary and required in order to determine whether the applicant's individual business is properly classified. D. The collector shall then conduct an investigation following which he shall assign the applicant's individual business to the classification shown to be proper on the basis of such investigation. The proper classification is that classification which, in the opinion of the collector, most nearly fits the applicant's individual business. The reclassification shall not be retroactive, but shall apply at the time of the next regularly ensuing calculation of the applicant's tax. No business shall be classified more than once in one year. E. The collector shall notify the applicant of the action taken on the application for reclassification. Such notice shall be given by serving it personally or by depositing it in the United States Post Office at South San Francisco, California, postage prepaid, addressed to the applicant at his last known address. Such applicant may, within fifteen days after the mailing or serving of such notice, make written request to the collector for a hearing on his application for reclassification. If such request is made within the time prescribed, the collector shall cause the matter to be set for hearing before the city manager within fifteen days. The collector shall give the applicant at least ten days' notice of the time and place of the hearing in the manner prescribed above for serving notice of the action taken on the applications for reclassification. The city manager shall consider all evidence adduced and his findings thereon shall be final. Written notice of such findings shall be served upon the applicant in the manner prescribed above for service of notice of the action taken on the application for reclassification. Page 2 of 15 SECTION 4. Section 6.04.123 of the South San Francisco Municipal Code is hereby added to read as set forth below: 6.04.123 General business license tax rate. Unless specified otherwise, the annual business license tax shall consist of a fixed rate of $75 (seventy-five dollars) per business ("Fixed Rate"), plus $15 (fifteen dollars) multiplied by the average number of employees as defined in section 6.08.010 ("Per Employee Rate"). SECTION 5. Section 6.04.125 of the South San Francisco Municipal Code is hereby added to read as set forth below: 6.04.125 Annual cap on amount of business license tax. The annual business license tax per business shall not exceed $75,000 (seventy-five thousand dollars) ("Annual Cap"). If a business has multiple locations within the city and is required to obtain a separate business license for each location, as provided for in section 6.12.040, then the Annual Cap shall apply separately to the license tax levied on each license. SECTION 6. Section 6.04.126 of the South San Francisco Municipal Code is hereby added to read as set forth below: 6.04.126 Tax rates subject to annual adjustment by cost index. A. Commencing January 1, 2010 and each January 1 thereafter, each of the tax items listed in subsection (D) below shall be adjusted by the same percentage as the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers ("CPI -W") for the San Francisco Bay Area published by the U.S. Bureau of Labor Statistics during the previous calendar year. The collector shall calculate the change in each tax rate and component, rounding to the nearest quarter dollar ($0.25). The percentage change shall be calculated by comparing the CPI -W for the most recent month of June with that of June of the prior year. If the time period for measurement of CPI -W changes, the collector shall determine a revised time period and apply that revised time frame consistently. B. In the event that the CPI -W is discontinued or renamed by the Bureau of Labor Statistics or its successor agency, the collector shall select a reasonable successor index. C. Unless otherwise specified, the CPI -W adjustment shall not apply to any portion of a business license tax that is calculated based on gross receipts. D. The following tax items shall be adjusted annually as provided for in this section, subject to the exceptions provided for in this section: • The Fixed Rate, as defined in Section 6.04.123. • The Per Employee Rate, as defined in Section 6.04.123. • Each rate established in Chapter 6.16. Page 3 of 15 • The Annual Cap, as defined in Section 6.04.125. SECTION 7. Section 6.12.040 of the South San Francisco Municipal Code is hereby amended to read as set forth below: 6.12.040 Branch licenses. A separate license must be obtained for each branch establishment of a business and for each location of independent business operations using the same name. A single business that operates from multiple locations but as a unified entity shall not require a separate business license for each location. SECTION 8. Section 6.12.090 of the South San Francisco Municipal Code is hereby amended to read as set forth below: Section 6.12.090 Renewals In all cases, the applicant for the renewal of a license shall submit to the collector, for his or her guidance in ascertaining the amount of the license tax to be paid by the applicant, a sworn statement, upon a form to be provided by the collector, setting forth such information concerning the applicant's business during the preceding year as may be required by the collector to enable him or her to ascertain the amount of the license tax to be paid by said applicant pursuant to the provisions of this chapter and Chapters 6.04, 6.08 and 6.16, and a declaration substantially in the following form: "I declare, under penalty of making a false declaration, that I am authorized to make this statement, and that to the best of my knowledge and belief it is a true, correct and complete statement made in good faith for the period stated." Changes in the type of business activity conducted, the number of employees, or other factors may result in a change of the applicable business license tax at the time of renewal. SECTION 9. Section 6.16.020 of the South San Francisco Municipal Code is hereby amended to read as set forth below: 6.16.020 Auctioneer. A. "Auctioneer" means a people who, except at court sales, sells or offers for sale any real or personal property at auction. B. The license tax is one hundred dollars per day payable in advance for each day an auction is to be conducted ("Auction Day"). C. Ten business days before the auction sale, the applicant for the license shall file with the collector an itemized list identifying and describing the property to be auctioned. SECTION 10. Section 6.16.035 of the South San Francisco Municipal Code is hereby amended to read as set forth below: Page 4 of 15 6.16.035 Card room. A. "Card Room" means any building or structure, or any portion of a building or structure or any premises or place, wherein in return for any fee, charge, thing of value or other compensation, any person or persons is or are permitted to play a card game or card games. The term "Card Room" is synonymous with the term "Gaming Club" as used in The Gaming Registration Act (commencing at Section 19800 of the Business and Professions Code). B. "Card Room Operator" means any person as defined herein who owns, operates, manages or is otherwise financially interested in a Card Room as defined above. C. "Card table" means any table upon which any card game is played in a card room. D. "Card Table Rate" means the twenty-five dollar ($25.00) per card table per year license tax payable by a card room operator. SECTION 11. Section 616.040 of the South San Francisco Municipal Code is hereby amended to read as set forth below: 6.16.040 Coin, token, or card -operated machine operator. A. "Coin-operated machine" means a machine, device, contrivance or apparatus which upon deposit of a coin, plate, token, disk, card, slug or key into a slot, receptacle or other opening or for payment of a consideration permits participation in a lawful game or offers amusement, information, music, goods or services. B. "Distributor" means any person who, as owner, agent, employee or otherwise, distributes, places, installs or delivers a coin-operated machine to any premises in the city or who keeps or stores within the city any such coin-operated machine for the purpose of distributing, placing, installing or delivering the same. C. "Operator" means any person who, as owner, lessee, employee, agent or otherwise, operates, installs, keeps, maintains, permits or allows to be operated, installed or maintained, any coin-operated machine in or upon any premises owned, leased, managed, operated or controlled by such person within the city. D. "Owner" means any distributor or operator of coin-operated machines who owns the machines in question. Owner does not include an operator who is otherwise licensed to do business in this city and who owns and operates coin-operated machines other than "coin-operated amusement devices" as defined in Chapter 6.44 of this code as an incidental activity in conjunction with said licensed business. E. The license tax payable by owner shall be one percent of the gross receipts without deduction therefrom. SECTION 12. Section 6.16.050 of the South San Francisco Municipal Code is hereby amended to read as set forth below: 6.16.050 Construction contractor. A. "Construction contractor" means a person conducting or carrying on a business and who undertakes to, or offers to undertake to, or purports to have the capacity to undertake to, or submits bids to, or does himself or by or through others, construct, alter, Page 5 of 15 repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, including excavation and moving of earth, rock, sand and similar materials or filling and grading of land, or to do any part thereof, including the erection of scaffolding or other structures or work in connection therewith, acting as a general contractor, prime contractor, subcontractor or specialty contractor. B. The license tax is one hundred fifty dollars for a general or prime contractor and one hundred twenty-five dollars for a subcontractor or specialty contractor ("Contractor/Subcontractor Rate"). SECTION 13. Section 6.04.060 of the South San Francisco Municipal Code is hereby amended to read as set forth below: 6.16.060 Junk collector/recycler. A. Each business or person that operates as a junk collector or recycler within South San Francisco shall pay an annual business license tax equal to the greater of two hundred dollars or four percent of the gross receipts derived from the collection of recyclable/salvageable materials within South San Francisco. ("Junk collector/Recycler Rate") A recyclable/salvageable material shall be as defined in Section 6.56.010 and Section 8.28.020. With the exception of the initial payment, the taxes owed pursuant to this section shall be paid quarterly and shall be due and payable on April 30th, July 31st, October 31 st, and January 31 st of each year. An initial payment of two hundred dollars shall be required at the time that the business license is requested. The two hundred dollar payment shall be credited against the first quarterly payment thereafter due. This provision shall not apply to a business that operates on a franchise as defined in Section 6.16.130 B. All junk collectors who are issued a junk collectors permit to conduct a junk collectors business involving the collection of recyclable/salvageable materials shall submit quarterly reports and an annual report to the city's finance director for purposes of compliance with this section. C. The following information shall be furnished by each junk collector permitted by the city in its quarterly reports: 1. The number of accounts that the junk collector has in the city; 2. The total revenue received from charges for the collection of recyclable/salvageable materials from accounts within the city; 3. A calculation of four percent of gross receipts earned during that quarter from the collection of recyclable/salvageable materials within the city; 4. Total tonnage of recyclable/salvageable material collected by the junk collector from sources in South San Francisco; 5. Total tonnage of each type of recyclable/salvageable material collected by the junk collector from sources in South San Francisco. Page 6 of 15 The quarterly reporting periods shall be from January 1st through March 31st, April 1st through June 30th, July 1st through September 30th, and October 1st through December 31st. D. Each junk collector permitted by the city shall furnish the following information in its annual report: the business name, address, telephone number and contact person of each account which is serviced by the junk collector; the date that the account service began and ended as applicable and the total annual charge to the account for service, and total annual revenue derived from service charges for the calendar year. (e) Failure to produce a quarterly or annual report may result in revocation or suspension of the junk collector's permit pursuant to Section 6.56.070 of this code. SECTION 14. Section 6.16.070 of the South San Francisco Municipal Code is hereby amended to read as set forth below: 6.16.070 Reserved. SECTION 15. Section 6.16.080 of the South San Francisco Municipal Code is hereby amended to read as set forth below: 6.16.080 Manufacturer. A. "Manufacturer" means a person who makes, contrives or produces by industrial art or process any goods, wares, merchandise, substance or commodity, including food, food products, or beverages. B. The license tax is seventy-five dollars plus fifteen dollars for each employee ("Manufacturing Rate"). SECTION 16. Section 6.16.090 of the South San Francisco Municipal Code is hereby amended to read as set forth below: 6.16.090 Reserved. SECTION 17. Section 6.16.100 of the South San Francisco Municipal Code is hereby amended to read as set forth below: 6.16. 100 Reserved. SECTION 18. Section 6.16.110 of the South San Francisco Municipal Code is hereby amended to read as set forth below: 6.16.110 Peddler or Solicitor A. "Peddler" means any person going from house to house, place to place, or in or along the streets within the city selling and making immediate delivery or offering for sale and immediate delivery, any goods, wares, merchandise, or anything of value, in Page 7 of 15 possession of the peddler, except such goods, wares and merchandise to manufacturers, wholesalers, jobbers or retailers, for the purpose of resale. B. "Solicitor" means a person who engages in the business of going from house to house, place to place, or in or along the streets within the city selling or taking orders for, or offering to sell or take orders for, goods, wares, merchandise or other things of value for future delivery or for the services to be performed in the future. C. The license tax shall be as follows: A fixed fee of $75 plus $15 multiplied by the average number of employees plus two hundred fifty dollars per vehicle used in by the business in the city ("Peddler/Solicitor Rate"). D. When all conditions precedent have been complied with, the Collector shall issue to the applicant a license or permit, as the case may be, which shall be carried on the applicant's person at all times while conducting the business of solicitor within the city and, upon request, shall be displayed to any citizen or to police officers and other city officials. Each license or permit, which shall be in the form of a card as above provided, shall bear a picture, one and one-half inches by one and one-half inches, of the licensee or permittee and shall show, in clearly legible letters and figures, the following information: 1. The name of the City of South San Francisco; 2. The name and address of the licensee or permittee and the company that he represents; 3. The expiration date; and 4. In the case of a permit, the name and address of the license holder. In addition, said card shall bear the imprint of the official seal of the city and the signature of the license clerk, and, further, on the reverse side thereof, shall have the fingerprints of the licensee or permittee. E. Every person engaged in the business of soliciting shall first pay to the department of finance the license tax specified in this section and, thereafter, prior to receiving such license or permit, or renewal thereof, shall report to the police department of the city and furnish said department with all the following information: 1. Permanent residence address and telephone number of applicant, together with his regular mailing address; 2. Up-to-date medical certificates (not more than ten days old), issued by a licensed physician and establishing that neither the applicant nor any of the persons intended to be employed by him for the purpose of soliciting within the city, including any and all partners, agents, servants, or crew members, is afflicted with a communicable disease of any type or description; each person so afflicted shall be denied a license or Page 8 of 15 permit until such time as he shall present a medical certificate showing him to be free from any such communicable disease; 3. Each applicant and all partners, agents, employees, servants, or crew members shall submit to fingerprinting by the police department for identification purposes; it shall be the duty of the police department to check all of said fingerprints with the Federal Bureau of Investigation and the California Criminal Intelligence Bureau. If the police department ascertains that the applicant, or any of said persons, has a criminal record, or is of undesirable character, it shall be the duty of the chief of police to report such matter, at the earliest possible date, to the city council, with his recommendation, and, in the meantime, no license or permit, as the case may be, shall be issued to such person, pending action by the city council. If, upon the police report, such person is denied a license or permit, or if he withdraws his application after the police department has commenced its investigation, he shall be entitled to a refund of the tax paid to the collector as specified in this section; provided, however, that there shall be deducted therefrom the sum of fifty dollars to be retained by the city as reimbursement for the cost of making each investigation. 4. The provisions of this section with respect to fingerprinting, health certificates, and police investigation shall apply to all persons soliciting within the confines of the city whether such person is subject to the payment of a business license fee or not. All persons exempt from the payment of such business license fee shall, nevertheless, be required to carry a card containing the same information and data as specified in this section, and shall pay to the collector the sum of fifty dollars annually for the purpose of defraying the expense of fingerprinting, police investigation, and preparation of license or permit card, which must be renewed each year. 5 It shall be unlawful for any person to solicit: a. At any time at any building where there is a posted sign stating "no solicitors," or words to that effect, unless the occupant has previously granted permission; b. At any time at any building between the hours of nine p.m. and nine a.m.; c. In a congested area where the solicitation impedes the public. For the purpose of this section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded. SECTION 19. Section 6.16.120 of the South San Francisco Municipal Code is hereby amended to read as set forth below: 6.16.120 Professional -semiprofessional related business. A. "Business" means a person engaged in each of the following or any combination thereof: Page 9 of 15 1. Accountant, acupuncturist, advertising, analyst, appraiser, architect, artist, assayer, attorney; 2. Bacteriologist, bail bond broker, broker, business opportunity broker, business and safety consultant; 3. Cemetery broker, chemist, chiropodist, chiropractor, collection agency or mercantile agency, commercial artist, commission merchant; 4. Dentist, designer or decorator, discount finance company, drugless practitioner (provided, however, that this section shall not apply to persons who treat the sick through prayer or spiritual means); 5. Electrologist, engineer, entomologist, finance company; 6. Geologist; 7. Herbalist (prescriber); 8. Illustrator or show card writer, insurance adjuster or claims adjuster, insurance broker, investment and investment trust; 9. Laboratory, landscape architect, lapidary; 10. Map maker or cartographer, mineralogist, moneylender or money broker, mortician; 11. Naprapath and naturopath; 12. Oculist, oil and gas broker, optometrist, osteopath; 13. Physician, psychiatrist, psychologist; 14. Real estate broker; 15. Stock and bond broker, surveyor; 16. Tax counselor, taxidermist; 17. Veterinarian; 18. Design professional, including computer or graphic design; 19. Computer programmer; 20. Planner or architect; Page 10 of 15 21. Surveyor, inspector, or map professional. B. The license tax is as follows: One natural person conducting such a business, a tax of one hundred fifty dollars; 2. Two or more natural persons conducting such a business as an association, partnership, or professional corporation, a tax of one hundred fifty dollars plus one hundred fifty dollars for each natural person participating as an associate, partner or member of the professional corporation ("Professional/Semi-professional rate"). SECTION 20. Section 6.16.130 of the South San Francisco Municipal Code is hereby amended to read as set forth below: 6.16.130 Public utilities. A. "Public utilities" means public utilities operating within the city except those which pay a city tax pursuant to a franchise. B. Unless otherwise prohibited by law, the license tax is five thousand dollars ("Public Utility Rate"). SECTION 21. Section 6.16.090 of the South San Francisco Municipal Code is hereby amended to read as set forth below: 6.16.140 Recreation and entertainment. A. "Recreation and entertainment" means bowling alleys, circus or similar exhibition, carnival or similar event, boxing or wrestling exhibition, motion picture exhibitions or any other business providing entertainment, recreation or amusement. B. The license taxes ("Entertainment Rate") are as follows: 1. Bowling alley, a tax of fifty dollars for each alley; 2. Circus or similar exhibition, a tax of five hundred dollars for the first day and one hundred dollars for each additional day; 3. Carnival or similar event, a tax of five hundred dollars for the first day and one hundred dollars for each additional day; 4. Boxing or wrestling exhibition, a tax of five hundred dollars for each exhibition; 5. Motion picture exhibition, a tax of two dollars per seat; Page 11 of 15 6. Other businesses providing entertainment, recreation or amusement not specifically taxed by this section or other provisions of this chapter, a tax of one hundred dollars. SECTION 22. Section 6.16.150 of the South San Francisco Municipal Code is hereby amended to read as set forth below: 6.16.150 Rental of residential property. A. "Rental of commercial residential property" means a person conducting or operating a hotel, motel or apartment house containing five or more dwelling units, and containing a rental office on site. B. The license tax is seventy-five dollars plus five dollars per dwelling unit, whether occupied or vacant ("Residential Property Rental Rate"). SECTION 23. Section 6.16.160 of the South San Francisco Municipal Code is hereby amended to read as set forth below: 6.16.160 Reserved. SECTION 23. Section 6.16.170 of the South San Francisco Municipal Code is hereby amended to read as set forth below: 6.16.170 Reserved. SECTION 24. Section 6.16.190 of the South San Francisco Municipal Code is hereby amended to read as set forth below: 6.16.190 Temporary vendor. A. "Temporary vendor" means any person who engages in temporary or transient business in the city, selling goods, wares, merchandise or any other thing of value with the intention of conducting such business in the city for a period of less than six months and who, for the purpose of carrying on such business, hires, leases or occupies any room, vacant lot, building or other place for the exhibition or sale of goods, wares, merchandise or other thing of value for a period of less than six months; provided, however, that this section shall not apply to sample rooms for the display and taking orders for goods at wholesale. B. The license tax is fifty dollars per day ("Temporary Vendor Rate") SECTION 25. Section 6.16.200 of the South San Francisco Municipal Code is hereby amended to read as set forth below: Page 12 of 15 6.16.200 Trailer and mobile home parks. A. "Trailer and mobile home parks" means a place where trailers or mobile homes are placed or parked for use of occupants for dwelling purposes. B. The license tax is seventy-five dollars plus five dollars per space ("Trailer Park Rate"). SECTION 26. Section 6.16.210 of the South San Francisco Municipal Code is hereby amended to read as set forth below: 6.16.210 Transportation of persons. A. "Transportation of persons" means the carrying of persons in the city by a person not otherwise licensed by this chapter. This section shall not apply to public transit agencies such as SamTrans, BART, their successor agencies, or any other public transit agencies, but shall apply to private carriers who have an office or commercial garage or warehouse in the city and rent out their vehicles for a fee to public transportation companies. B. The license tax is two hundred fifty dollars per vehicle plus fifteen dollars multiplied by the average number of employees ("Transportation of Persons Rate"). SECTION 27. Section 6.16.220 of the South San Francisco Municipal Code is hereby amended to read as set forth below: 6.16.220 Warehousing. A. "Warehousing" means any business operation where the principal business activity involves the storage and warehousing of goods, merchandise, packages, mail, or household furniture or goods in the city. Warehousing includes the temporary storage or processing of mail or packages for purposes of sorting or preparing for re -delivery. B. A business subject to the Warehousing Activities Rate may be exempt if it is a carrier of household goods or owns or operates motor vehicles in the transportation of property for hire and therefore engages in intercity transportation business within the meaning of Household Goods Carriers Uniform Business License Tax Act (Cal. Pub. Util. Code §§ 5325 et seq.). A business claiming such an exemption must follow the procedure prescribed in sections 6.04.040 and 6.04.050 of this Code. C. A business operation that has a warehousing component, but which has retail or wholesale sales, research and development, or manufacturing as its principal business activity within the city, shall be classified as another business type for the purposes of calculating the business license tax, as provided for in section 6.04.110 of this Code. In determining the proper category for a business with a warehousing component, the collector shall consider whether the business uses its warehouse space for any of the following: Page 13 of 15 1. The manufacture of products, including food or beverage products at the same location by that same company. 2. The internal use of a stored commodity to be consumed primarily by that business itself, such as the following items when used by the business in the course of transacting its own business: office supplies, lab equipment, automotive parts or supplies, or chemical or testing products. 3. Servicing the retail, wholesale, or manufacturing activities of that same business within the city. 4. Wholesale sales. "Wholesale sales" means sale of goods, wares, or merchandise for the purpose of resale in the regular course of business by a person not otherwise licensed by this chapter. D. The license tax for a warehousing business not otherwise excluded in subdivision (C) of this section or elsewhere in this Chapter is a $75 fixed rate plus $15 multiplied by the average number of employees. In addition, for warehousing businesses with a cumulative total of 1,000 square feet or more of warehouse space in the city, the tax shall also include $1.00 per square foot of warehouse space ("Warehouse Activities Rate"). SECTION 28. Section 6.16.240 of the South San Francisco Municipal Code is hereby amended to read as set forth below: 6.16.240 Other businesses. Businesses not assigned a specific business license tax rate by this chapter or exempted by the provisions of this chapter or Chapters 6.04 through 6.16 shall pay the general license tax rate listed in section 6.04.123 of this Code. SECTION 29. SEVERABILITY. In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 30. Authority for Ordinance. This ordinance is enacted pursuant to the authority of Government Code Section 37101 and California Business and Professions Code Sections 16000 et seq. SECTION 31. Election Required. The tax proposed by this ordinance shall not become effective until approved by a majority of the voters voting on the issue at the November 6, 2007 election. SECTION 32. Amendment of Ordinance. The City Council of the City of South San Francisco may amend this ordinance, without approval of the voters of the City, so Page 14 of 15 long as the amendment does not increase any of the tax rates established by this ordinance or revise a methodology for calculating a tax rate, such that a tax increase results. SECTION 33. Effective Date of Tax. If this ordinance is approved by a majority of the voters voting on the issue at the November 6, 2007 election, pursuant to Elections Code Section 9217, the tax shall become effective ten (10) days after the City Council certifies the results of the election. Because business license renewal notices may have been sent to businesses in the City prior to the election on this ordinance, the Finance Director may delay implementation of the tax rates approved by this ordinance until January 1, 2009. APPROVED by the following vote of the People of the City of South San Francisco on November 6, 2007: ADOPTED by Declaration of the vote by the City Council of the City of South San Francisco on , 2007: AYES: NOES: ABSENT: ATTEST: City Clerk Page 15 of 15 Mayor APPROVED AS TO FORM: City Attorney 1 LJ s LU a U D U N C U LL d m r 0, In r/1 V.fl T " M t7! 07 0 LO LO N OLO LO U) T � (j)- � ' ^ u O '— •• M O a 4� 70 °' U cz pz� E cn a U) Cl) -0 (� .— O O d CCS O o cz cn N a) m O N N >1>+ _O O cn O O O Q _ Q E a)E � Q E N W W :3 a) U') O aTW U') "r- s ANS c �' � AGENDA ITEM # l4 CI ZIPO Staff ort DATE: July 11, 2007 TO: Honorable Mayor and City Council FROM: Marty Van Duyn, Assistant City Manager SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROGRAM SUPPLEMENTAL AGREEMENT #N011 WITH THE STATE OF CALIFORNIA FOR THE LINEAR PARK, PHASE -I IMPROVEMENTS PROJECT. RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to execute the Program Supplemental Agreement #N011 to the State Master Agreement for Federal -Aid Project No. 5177 (018) with the State of California, for the Linear Park —Phase I Improvements Project BACKGROUND/DIS CUS SION The City has obtained approval to receive Federal funds administered by the State of California Department of Transportation (CalTrans) for the construction of the Linear Park — Phase I Improvements Project, Federal Aid No. 5177 (018). The project has been awarded for construction and is planned for completion by March 2008. In order for the City to obtain reimbursement through Federal funds, a State Master Agreement for Federal -Aid Projects was executed between the City and CalTrans on June 1, 2007. Each specific project receives a Program Supplemental Agreement to be executed by the City. Program Supplement Agreement #NO11 authorizes the City to seek reimbursement from the State for up to $1,933,000 for this project. The proposed resolution would authorize the City Manager to sign this agreement on behalf of the City. FUNDING The disbursement of the Federal funds by the State of California Department of Transportation has been included in the budget for the Linear Park, Phase -I Improvements Project and has been included in the 2006 — 2007 Capital Improvement Program. Staff Report Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROGRAM SUPPLEMENTAL AGREEMENT NO. NO 11 WITH THE STATE OF CALIFORNIA FOR THE LINEAR PARK — PHASE I IMPROVEMENTS PROJECT Page 2 of 2 CONCLUSION Approval of the resolution will authorize the City Manager to execute the Program Supplemental Agreement #NO11 with the State of California on behalf of the City. This agreement will allow the City to obtain reimbursement from the State of California Department of Transportation in the amount of $1,933,000 for the Linear Park — Phase I Improvements Project. By: Approved:_y Marty Van Duyn Barry M. Nagel Assistant City Manager City Manager Attachment: Resolution Program Supplemental Agreement #NOI I RR/sb/dc RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT #NO11 WITH THE STATE OF CALIFORNIA FOR THE LINEAR PARK, PHASE -I IMPROVEMENTS PROJECT WHEREAS, staff recommends approval of the Program Supplement Agreement #NOI I for Federal -Aid Projects between the State of California Department of Transportation and the City of South San Francisco; and WHEREAS, the City of South San Francisco is eligible to receive Federal and/or State funding for certain Transportation projects, through the State of California Department of Transportation; and WHEREAS, master agreements, program supplemental agreements, fund exchange agreements and/or fund transfer agreements need to be executed with the State of California Department of Transportation before such funds can be claimed; and WHEREAS, the City of South San Francisco wishes to delegate authorization to execute these agreements and any amendments thereto to the City Manager to all master agreements, program supplement agreements, fund exchange agreements, fund transfer agreement and any amendments thereto with the State of California Department of Transportation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Manager is hereby authorized to execute the Program Supplement Agreement #NO11 with the State of California for the Linear Park, Phase -I Improvements Project on behalf of the City Council of the City of South San Francisco, subject to approval as to form by the City Attorney. 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 I Ith day of July, 2007 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk ?ROGRAM SUPPLEMENT NO. N011 Date:May 30, 2007 to Location: 04-SM-0-SSF kDMINISTERING AGENCY -STATE AGREE b NT Project Number:("_'ML-5177(018) FOR FEDERAL -AID PROJECTS NO. 04-5177R E.A. Number: 04-924251 Chis Program Supplement hereby incorporates the Administering Agency -State Agreement for Federal Aid which was entered into )etween the Administering Agency and the State on / / and is subject to all the terms and conditions thereof. This Program 'upplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. , approved by the Administering Agency on (See copy attached). 'he Administering Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted Pelow obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth ?n the following pages. ?ROJECT LOCATION: 3ART R/W between Huntington Ave to Orange Ave. ^YPE OF WORK: Pedestrian and Bike Path LENGTH: 0(MILES) Estimated Cost Federal Funds Matching Funds $2,183,441.00 L400 $1,933,000.00 LOCAL $250,441.00 $0.00 OTHER $0.00 !ITY OF SOUTH SAN FRANCISCO By Date kttest Title STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date C hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: kccounting Officer Date i $1,933,000.00 :hapterStatutes Item Year Program 7 HC Category Fund Source AMOUNT 17 2006 2660-102-890 2006-2007 20.30.010.820 C 262040 892-F 1,933,000.00 Program Supplement 04-5177R-NO11- ISTEA Page 1 of 3 14-SM-0-SSF :ML -5177(018) SPECIAL COVENANTS OR REMARKS 05/30/2007 1. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). 2. Any State and Federal funds that may have been encumbered for this project are only available for disbursement for a period of five (5) years and seven (7) years, respectively, from the start of the fiscal year(s) that those funds were appropriated within the State Budget Act. All project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested and is approved by the California Department of Finance per Government Code Section 16304. The exact date of each fund reversion will be reflected in the approved finance letter(s) issued for this project. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement that is not submitted to the Department on or before 60 days after that applicable fixed fund reversion date will not be paid from that fiscal year's encumbered funds because all of these unexpended funds will be irrevocably reverted by the Department's Division of Accounting on that date. Pursuant to a directive from the State Controller's Office and the Department of Finance, the last date to submit invoices for reimbursed work in each fiscal year is May 15th in order for payment to be made out of those then current appropriations. Project work performed and invoiced after May 15th will be reimbursed only out of available funding that might be encumbered in the subsequent fiscal year, and then only when those funds are actually allocated and encumbered as authorized by the California Transportation Commission and the Department's Accounting Office. 3. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 4. Award information shall be submitted by the ADMINISTERING AGENCY Program Supplement 04-5177R-NO11- ISTEA Page 2 of 3 )4-SM-0-SSF -NM-5177(018) SPECIAL COVENANTS OR REMARKS 05/30/2007 to the District Local Assistance Engineer within 60 days after the project contract award. A copy of the award package shall also be included with the submittal of the ADMINISTERING AGENCY's first invoice for the construction contract to: Department of Transportation Division of Accounting Local Programs Accounting Branch, MS #33 P. O. Box 942874 Sacramento, CA 94274-0001. Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. 5. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations, and invoice payments for any on-going or future federal -aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. Program Supplement 04-5177R-NO11- ISTEA Page 3 of 3