HomeMy WebLinkAboutRDA Minutes 2009-07-08o~~x sAN_F MINUTE
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REDEVELOPMENT AGENCY
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REGULAR MEETING
MUNICIPAL SERVICES BUILDING
COMMUNITY ROOM
WEDNESDAY, JULY 8, 2009
6:30 P.M.
CALL TO ORDER 6:34 P.M.
ROLL CALL PRESENT: Boardmembers Garbarino, Gonzalez and Mullin,
Vice Chairman Addiego and Chairwoman
Matsumoto.
ABSENT: None
AGENDA REVIEW
No Changes.
PUBLIC COMMENTS
None
CONSENT CALENDAR
1. Motion to approve the minutes of June 10, 2009.
2. Motion to confirm the expense claims of July 8, 2009 in the amount of $122,703.60.
3. Resolution objecting to any seizure by the State Government of the City's Street
Maintenance and Redevelopment Funds.
4. Cancellation of the Regular Redevelopment Agency Meeting on August 12, 2009.
Motion -Boardmember Gonzalez/Second -Boardmember Garbarino: to approve Consent
Calendar Item Nos. 1 and 4. Unanimously approved by voice vote.
Item No. 2 -Vice Chairman Addiego requested a status report on the flooring and plumbing
being done at the Greenv X-Ray house located on Longford Drive.
Assistant City Manager Marty Van Duyn stated the flooring and plumbing we close to being
completed but some items were still on back order. It was anticipated to be open by the end of
August.
Vice Chairman Addiego asked City Attorney, Steve Mattas if he and Boardmember Gonzalez
should excuse themselves from voting on the monies being extended to the Boys and Girls Club
as they are both voting members of its board.
Attorney Mattas recommended they abstain.
Vice Chairman Addiego stated for the record he would be to abstaining from the two (2) line
items pertinent to the Boys and Girls Club.
Boardmember Gonzalez stated for the record he would also be to abstaining from the two (2) line
items pertinent to the Boys and Girls Club.
Motion -Boardmember Garbarino/Second -Boardmember Mullin: to approve Boys and Girls
Club expenditure items from June 17, 2009 in the amounts of $6252 and $5700, listed on page
one (1) of the expense claim for July 8, 2009. The motion was approved by the following vote:
AYES: Boardmembers Garbarino and Mullin, Chairwoman Matsumoto. NOTES: None.
ABSTAIN: Boardmember Gonzalez and Vice Chairman Addiego. ABSENT: None.
Motion -Vice Chairman Addiego/Second -Boardmember Gonzalez: to approve the remaining
items on the expense claim for July 8, 2009. Unanimously approved by voice vote.
Item No. 3 -Boardmember Gonzalez wanted an explanation of item for the benefit of the public.
City Manager, Barry Nagel stated if he wished, the item could be explained during the City
Council meeting as it is also on that agenda. The City Council meeting would be televised for
the viewing public.
Boardmember Gonzalez agreed to have the item explained during the City Council meeting later
in the evening.
Vice Chairman Addiego questioned if there would be a financial expenditure that could be
anticipated if the City cooperated with the League of California Cities, the California
Redevelopment Board and other local governments as stated in the Staff Report.
Attorney Mattas stated it was unlikely. On a related note Meyers Nave, City Attorney Mattas'
firm had been asked by the League of California Cities to write the Amicus (Friend of the
Courts) brief on behalf of the California Cities.
Motion -Boardmember Gonzalez/Second Vice Chairman Addiego: to approve Resolution No.
17-2009. Unanimously approved by voice vote.
ADMINISTRATIVE BUSINESS
5. Resolution authorizing the expenditure of Tax Increment Funds for the acquisition of
land for roadway improvements required in connection with the Caltrain Station
Improvement Project, adopting findings required by Health and Safety Code Section
33445, and authorizing execution of an Agreement Affecting Real Property, an Interim
Parking License Agreement and a Temporary Construction Easement Agreement.
Housing and Redevelopment Manager, Norma Fragoso presented the Staff Report which stated
the City and Agency staff had been collaborating on a joint :project to construct a new Caltrain
REGULAR REDEVELOPMENT AGENCY MEETING JULY 8, 2009
MINUTES PAGE 2
Station and related public improvements including a pedestrian tunnel connecting the east and
west side of the Caltrain Station from Airport Boulevard to East Grand Avenue at Route 101 in
the City (Project). In connection with the Project, an Agreement Affecting Real Property
(Agreement) by and among the City, the Agency and the owner of the Comfort Suites Hotel
located in the Project Area at 121 East Grand Avenue (Property) was reached, stating: (i) the
Agency proposed to acquire a portion of the Property consisting of approximately 722 square
feet (Fee Parcel) for the purpose of improving the public right of way, (ii) pursuant to a proposed
Temporary Construction Easement Agreement (TCE Agreement), the Agency proposed to
acquire a temporary construction easement (TCE), exercisable at the time that Project
construction commences, and (iii) pursuant to a proposed License Agreement (License
Agreement), the Agency and City proposed to grant an interim parking license to the owner of
the Comfort Suites Hotel for use prior to the time that Proj ec;t construction commenced.
Boardmember Gonzalez questioned the amount stated on page three (3) and asked if the sum was
$180,000. He also requested clarification of the statement which said, "the Agency to Owner an
amount equal to $255.78 times the number of days that Agency use of the Easement Area
exceeds ten (10) full months."
Manager Fragoso stated the numbers were misprinted and the $180,000 was off by the
difference. The TCE gives the Agency up to 10 years to begin construction, due to the delay of
Caltrain station. The Agreement with the Owner stated the ten (10) months would begin once
notice was given on the start of construction. It could also be extended an additional six (6)
months if necessary.
Vice Chairman Addiego questioned the schedule for the licensing fee relative to the time of
purchasing the property.
Manager Fragoso explained the Agency was purchasing a sliver of the property, but would not
do anything with it until it regained the right of way. Once the right of way was regained, the
temporary construction easement would go into effect for the ten month period with the option of
a six (6) month extension. The licensing fee would be effective immediately.
Referencing section (v) page 15, Vice Chairman Addiego questioned if the numbers were going
to be plugged in. In regards to study session with Caltrain, HSR and electrification, he felt he
could support it because it was a modest amount of money, but questioned if the Agency was
moving ahead with the negotiations for the Caltrain right of way.
Manager Fragoso stated the intent was since parking was being removed, the hotel wanted to be
grandfathered in with a number of spaces that is slightly above the average, yet to be determined.
The existing number of spaces would be plugged in as soon as they were available.
Assistant City Manager, Marty Van Duyn responded to the Vice Chairman's last question and
stated the Agency was holding back on air space lease but the property should still be part of the
City holdings, as it is key in long term development effort in the neighborhood. The Agency was
close to agreement with Caltrain. He felt it was in the City's best interest to hold that particular
property regardless of the Caltrain decision as the site may still be used as some sort of surface
access or for a public purpose. In addition, the Agency already owned the adjacent property, the
former service station site.
Boardmember Garbarino agreed it would be money well spent.
REGULAR REDEVELOPMENT AGENCY MEETING JULY 8, 2009
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Motion -Boardmember Gonzalez/Second -Boardmember Garbarino: to approve Resolution
No. 18-2009. Unanimously approved by voice vote.
6. Resolution awarding a Contract to D.L. Falk Construction, Inc. for Construction of the
Emergency Operations Center/Training Classroom in an amount not to exceed $714,000.
Public Works Director, Terry White presented the Staff Report which highlighted the benefits of
constructing a new Emergency Operations Center/Training Classroom (EOC). The project
would allow the City to upgrade its existing EOC facilities to meet the emergency management
needs of today. Many world-wide disasters have demonstrated how important it is for local
government to have robust communications systems, dependable back-up power and the ability
for an EOC to operate for not only days, but weeks if necessary.
The Staff Report also highlighted D.L. Falk Construction, Inc.'s estimated bid compared to other
bidding agencies and was reported as 11 % lower than the City Engineer's estimate. Should the
Board approve the bid, it would achieve its goal of keeping the project cost within its $1 million
budget. However, Staff strongly suggested consideration of add an alternate, which would allow
the City the flexibility to add a second story to the EOC at a future date. Funding of future
improvements such as a second floor, photovoltaic and solar water heating systems, etc. would
result from the pursuit of grants. If this option was chosen, an amendment to the Capitol
Improvement Program (CIP) budget would have to be made.
Boardmember Mullin questioned if the amendment to the CIl' would be a separate action to
come later or was it being decided on tonight.
Director White stated current resolution would have to be amended to also include amending the
2009-2010 CIP budget.
Attorney Mattas stated the amendment could be done this evening.
Vice Chairman Addiego clarified that, as reflected in the Staff Report, to build just the first floor
with no provisions was $990,181, approximately $1 million.. He questioned what the second
floor would potentially consist of.
Mayor Matsumoto requested specifics when explaining how the second floor would be
envisioned and the timing involved.
Fire Chief, Phil White started if and when a second story was built, it would include additional
offices, meeting rooms and storage similar to those located at the Orange Library. As Director
White mentioned, it made sense to put in a reinforced foundation now, rather than rebuilding the
entire structure at a later date
Chairwoman Matsumoto understood the current allocation of space at the fire station was
adequate.
Chief White stated what was allocated originally was enough to get the first floor but adding a
second floor had always been planned if funds ever became available. He further explained as
the site gets developed, the what-ifs need to be taken into consideration and now would be a
good time to plan for tomorrow. In the future if a second floor was added, it would serve both
EOC functions and provide additional classroom space.
REGULAR REDEVELOPMENT AGENCY MEETING JULY 8, 2009
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Vice Chairman Addiego stated he would be supportive if the potential was to add the second
floor within the next five (5) to ten (10) years. However, if it was going to be further out into the
future, he feared code changes could affect the project. He questioned what the anticipated time
frame was to start the project.
Chief White stated funds were being sought now and building would begin tomorrow if it were
possible. At this time, criteria were not met for some of the grants available now but, a grant for
January 2010 was being looked at.
Boardmember Garbarino concurred with the Vice Chairman about the timing concerns, but felt it
would be money well spent as the current EOC was inadequate. He was supportive of the
project.
Boardmember Gonzalez wanted to understand the cost right now for first floor with potential to
add a second floor in the future. How much was the total and did the Board have to have to
come with extra money for the plan now?
Director White stated, without looking at the plans, it was approximately $225,000 plus
contingencies and other related costs bringing the estimate to somewhere around an additional
$260,000 including the foundation work. He reiterated the CIP budget would need to be
amended to cover these additional costs.
Boardmember Gonzalez stated he was ready to approve project with the understanding that it
would be completed soon, pending funding.
Motion -Boardmember Garbarino/Second Boardmember Gonzalez: to approve Resolution No.
19-2009.
ADJOLTRNIVIENT
Being of no further business, Chairwoman Matsumoto adjourned the meeting at 7:16 P.M.
Submitted by:
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Anna M. Hernandez,
Deputy Clerk, Redevelopment Agency
REGULAR REDEVELOPMENT AGENCY MEETING JULY 8, 2009
MINUTES PAGE 5
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