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HomeMy WebLinkAbout2002-02-13 e-packetAGENDA REDEVELOPMENT AGENCY CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM FEBRUARY 13, 2002 7:00 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Agency business, we proceed as follows: The regular meetings of the Redevelopment Agency are held on the second and fourth Wednesday of each month at 7:00 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the Board on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Community Room and submit it to the Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents Redevelopment Agency from taking action on any item no~t 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 GENERALLY LIMITED TO FIVE (5) MINUTES PER SPEAKER. In the event that there are more than six persons desiring to speak, the Chair may reduce the amount of time per speaker to three (3) minutes. 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. EUGENE R. MULLIN Chairman PEDRO GONZALEZ Vice Chair RAYMOND L. GREEN Boardmember BEVERLY BONALANZA FORD Investment Officer MICHAEL A. WILSON Executive Director JOSEPH A. FERNEKES Boardmember KARYL MATSUMOTO Boardmember SYLVIA M. PAYNE Clerk STEVEN T. MATTAS Counsel PLEASE TURN OFF CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENI' IS AVAILABLI5 FOR USI~ BY THE HEARING IMPAIRED AT Rt~[)EVELOPMENT AGENCY MEETINGS CALL TO ORDER ROLL CALL AGENDA REVIEW PUBLIC COMMENTS CONSENT CALENDAR 1. Motion to approve the minutes of the January 23, 2002 regular meeting 2. Motion to confirm expense claims of February 13, 2002 PUBLIC HEARING 3. Consideration of Precise Plan Modification (PP-00-040/Mod 1) to allow a four-story, 115 room hotel in place of an approved five-story, 145 room hotel, at 550 Gateway Boulevard; Owner: Sri Krishna Enterprises; Applicant: Holiday Inn Express Item continued from the January 23, 2002 meeting; public hearing open Request item be continued to the February 27t~' meeting CLOSED SESSION 4. Pursuant to Government Code Section 54956.8, real property negotiations related to 26 South Linden, 151 South Spruce and 201 Baden Avenues; Negotiating party: Redevelopment Agency Assistant Director Van Duyn ADJOURNMENT REGULAR REDEVELOPMENT AGENCY MEETING AGENDA FEBRUARY 13, 2002 PAGE 2 Redevelopment Agency Staff Report DATE: February 13, 2002 TO: Redevelopment Agency Members FROM: Director of Economic and Community Development SUBJECT: Holiday Inn Express - Precise Plan to replace an approved five-story, 145-room hotel with a four-story, 115-room hotel on a two-acre site located at 550 Gateway Boulevard, in the Gateway Specific Plan Zone District. Address: Applicant: Case Nos.: 550 Gateway Boulevard Vi jay Patel; SRI Krishna Enterprises, owner PP-00-040/Mod 1 & ND-97-086 (Certified 1/98) RECOMMENDATION: It is recommended that the Redevelopment Agency continue the matter to February 27, 2002. DISCUSSION: The applicant has requested this item be continued to allow time to resolve several outstanding issues. Consequently, it is recommended that the Redevelopment Agency continue the matter to February 27, 2002. By: ,2' \ ~2/~t:~//A~ /'¢5~-~ ',.~ Approved: Marty Van Duyn, D~rector of Economic and Community Development Mich[e~"~A. '~gilson City Manager SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 Meeting to be held at: MUNICIPAL SERVICES BUILDING CITY COUNCIL COMMUNITY ROOM 33 ARROYO DRIVE FEBRUARY 13, 2002 7:15 P.M. NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 13th day of February, 2002, at 7:15 p.m., in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 2. 3. 4. 5. o Call to Order Roll Call Public Comments - comments are limited to items on the Special Meeting Agenda Public Safety Awards Confirmation of Appointmcnt of Eloisc Kcc to Member Emeritus of thc Personnel Board and prcscmation of proclamation Adjournment 'Cit3 ~7~erk DATE: TO: FROM: SUBJECT: February 13, 2002 Honorable Mayor and City Council City Clerk CONFIRMATION OF APPOINTMENT OF ELOISE KEE TO MEMBER EMERITUS TO THE PERSONNEL BOARD AND PRESENTATION OF PROCLAMATION RECOMMENDATION It is recommended that Council, by motion, confirm the appointment of Eioise Kee to Member Emeritus to the Personnel Board. BACKGROUND Upon the retirement of Eloise Kee from the Personnel Board, consideration to appoint Ms. Kee Member Emeritus is recommended, due to her many years of service, knowledge and expertise. This honorary title was previously given to Lura Sellick, Parks and Recreation Commission, in 1999, and Victor J. Feudale, Historic Preservation Commission, in 2001. As with the previous designation for Victor J. Feudale, it is requested that Council vote on the appointment. A ballot is not necessary unless Council so desires. A proclamation has also been prepared for Mayor Mullin to present to Ms. Kee. City Manager Attachment: Proclamation ELOISE LORRAINE KEE WHEREAS, Eloise Lorraine Kee is being given the prestigious honor of Member Emeritus of the Personnel Board itt recognition of her commitment to the City of South San Francisco; and WHEREAS, Eloise began her career as a volunteer for the City of South San Francisco itt 1990, having sen,ed six years on the Library Board and four and a half years on the Personnel Board, in 1992 she made time to volunteer for an additional 8 years in the Criminal Investigation Bureau for the Police Department; and WHEREAS, as a member of the Library Board, Eloise helped initiate several major changes at the libra~y, including the remodeling and re-landscaping of West Orange Library, implementing the new online public access catalog system, introducing the lnternet at public computer stations, and the extension of West Orange Library hours to include Wednesday nights and Sundays; and WHEREAS, having lived in the Bay Area for over forty-eight years, Eloise has been involved in the South San Francisco Women's Club, San Mateo County Retired Teachers' and Admbdstrators' Association, Westborough Swimming Pool Committee, and Friends of the South San Francisco Library; and WHEREAS, because of her many years of service, Eloise has been nominated .four times to the San Mateo County Women's Hall of Fame and honored by the American Institute for Foreign Study for her contributions to international educational and understanding among people of the world. NOW, THEREFORE, the CiO, Council of the City of Soath San Francisco hereby takes great pride and pleasure itt honoring Eloise Lorraine Kee as Member Emeritus of the Personnel Board for her selfless dedication to community service and for playing an instrumental role in improving the quality of life in South San Francisco. Eugene R. Mullin, Mayor Pedro Gonzalez, Mayor Pro Tern Joseph A. Fernekes, Cottncilmember Raymond L. Green, Councilmentber Kat?l Matsumoto, Councib~tember Dated: Februa~? 13. 2002 AGENDA CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM FEBRUARY 13, 2002 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 for the Minutes. COMMENTS ARE GENERALLY LIMITED TO FIVE (5) MINUTES PER SPEAKER. In the event that there are more than six persons desiring to speak, the Mayor may reduce the amount of time per speaker to three (3) minutes. 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. EUGENE R. MULLIN Mayor PEDRO GONZALEZ Mayor Pro Tem JOSEPH A. FERNEKES Councilman RAYMOND L. GREEN Councilman KARYL MATSUMOTO Councilwoman BEVERLY BONALANZA FORD City Treasurer SYLVIA M. PAYNE City Clerk MICHAEL A. WILSON City Manager STEVEN T. MATTAS City Attorney PLEASE TURN OFF 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 Project READ Update and Trivia Challenge Presentation of Awards - Project READ Manager Holly Fulghum~Nutters San Mateo County Traffic Deficiency Program - Mr. Richard Napier, City/County Association of Govemments (C/CAG) Childcare Program Update - Recreation Division Program Supervisor Kelli Cullinan AGENDA REVIEW PUBLIC COMMENTS ITEMS FROM COUNCIL Community Forum Subcommittee Reports CONSENT CALENDAR Motion to approve the minutes of the January 23 and 30 special meetings and January 23 regular meeting 2. Motion to confirm expense claims of February 13, 2002 o Resolution authorizing the purging of Police Department records in accordance with Government Code Section 34090 Resolution authorizing the execution of an agreement with the County of San Mateo for the reconstruction of Alta Vista Drive between Alida Way and the South San Francisco city limit 5. Resolution approving the installation of a stop sign on 7th Lane at Linden Avenue Resolution authorizing the execution of an agreement with Jane DeDecker and the National Sculptures Guild for the production and installation of a bronze sculpture entitled "Safe Haven" in the Orange Memorial Park Sculpture Garden in the amount of $30,0OO Resolution approving the Second Amendment to the Potential Responsible Party Agreement for Gibson Environmental Site Remediation 8. Resolution supporting Proposition 42, Transportation Congestion Improvement Act REGULAR CITY COUNCIL MEETING FEBRUARY 13, 2002 AGENDA PAGE 2 ADMINISTRATIVE BUSINESS 9. Appointments to Personnel Board and Historic Preservation Commission 10. Mid-year financial review CLOSED SESSION 11. Pursuant to Government Code Section 54957.6, conference with Labor Negotiator Bower on IAFF negotiations ADJOURNMENT REGULAR CITY COUNCIL MEETING FEBRUARY 13, 2002 AGENDA PAGE 3 DATE: TO: FROM: SUBJECT: February 13, 2002 Honorable Mayor and City Council Police Department Purging of Police Records RECOMMENDATION It is recommended that City Council adopt the attached Resolution approving the purging of records that are under the charge of the Chief of Police and are certified for purging in accordance with Government Code Section 34090. BACKGROUND/DISCUSSION This Resolution will enable the Police Department to continue the purge of records that are under the Department's charge and that are more than five (5) years old, are no longer needed, and otherwise meet the requirements for destruction as provided in Government Code Section 34090. By: .~ ~&L~- Approved: Ma~;k R~tffaell(/ '- Chief of Police Michael A. Wilson City Manager Attachments: Resolution Purge Criteria of Records CITY OF SOUTH SAN FRANCISCO PURGE CRITERIA OF RECORDS DEPARTMENT: Police The following records are proposed for destruction: Record File Title Field Interview Records Years Included Prior to 1/1/00 Incident Reports Restraining Orders (Except involving City Property/Personnel) Prior to 1/1/00 Expired Prior to 1/1/00 Arrest Records Daily Activity Logs (Except Homicide Arrest Records) Prior to 1 / 1/92 Prior to 1/1/97 Accident Reports (Except Vehicular Manslaughter Reports) Accident/Incident Reports Involving City Property/Personnel Crime Reports (Except Homicide Reports) Citizen Complaints Prior to 1/1/97 Prior to 1/1/94 Prior to 1/1/97 Prior to 1/1/96 Personnel Actions Prior to 1 / 1/96 Dispatch Incident/Status Cards (Used when CAD down) Background Documents of Unsuccessful Department Applicants Prior to 1/1/00 Prior to 1/1/00 AUTHORIZED SIGNATURES: Destruction Recommended Department Head Consent to Destruction Date / City Manager Date /- ~/' ('= ~-- i certify that these records have been retained in accord with Government Code Section 34090 and are no longer needed, or that the records meet the requirements for destr~.t~tion specified in Government Code Sections 34090, 34090.5, 34090.6 and 34090.7. r,,-D -----~A~orney / / Da Staff Report DATE: TO: FROM: SUBJECT: February 13, 2002 The Honorable Mayor and City Council Director of Public Works Reconstruction of Alta Vista Drive between Alida Way and South San Francisco City Limit - Agreement with the County of San Mateo RECOMMENDATION: It is recommended that the City Council adopt a resolution authorizing execution of an agreement with the County of San Mateo for the Reconstruction of Alta Vista Drive between Alida Way and the South San Francisco City Limit. BACKGROUND/DISCUSSION: The County of San Mateo is planning to reconstruct Alta Vista Drive in the unincorporated Brentwood Area. Within the road is a 15' by 280' section that belongs to the City of South San Francisco. This area was annexed into the City in 1961 when the adjoining parcel was annexed. The County has offered to reconstruct the City's portion with their contract. Staff concurs that the roadway is in need of reconstruction and utilizing the County's contractor would be cost effective. The project will start this spring. The agreement will temporarily designate the City's portion of Alta Vista Drive as a County Highway to allow the County to reconstruct the road. After completion, it will again become a City street. The County has estimated a cost of $55,000 for the segment of work within the City. This cost includes design, construction, contingencies, inspection, and administration. Adoption of this resolution will allow the City Manager to sign the agreement with the County of San Mateo. Staff Report To: Re: Date: The Honorable Mayor and City Council Reconstruction of Alta Vista Drive between Alida Way and South San Francisco City Limit - Agreement with the County of San Mateo February 13, 2002 Page: 2 of 2 FUNDING:. As the County will invoice the City upon completion of the work, funds in the amount of $55,000 will be appropriated in the FY2002-03 Capital Improvement Program (CIP). r of Public Works Dire~to~ Approved: Michael A. Wilson City Manager ATTACHMENTS: Resolution Map Agreement Ordinance No. 472 Letter from Co. of San Mateo DC/JG/ed RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING AN EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN MATEO FOR THE RECONSTRUCTION OF ALTA VISTA DRIVE BETWEEN ALIDA ~VAY AND THE SOl ITH SAN FRANCISCO CITY I JMIT WHEREAS, staff recommends that the City enter into an agreement with the County of San Mateo for the reconstruction of Alta Vista Drive between Alida Way and the South San Francisco city limits; and WHEREAS, as the County will invoice the City upon completion of the work, funds in the amount of $55,000 will be appropriated in the fiscal year 2003-2004 Capital Improvement Program budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes an execution of an agreement with the County of San Mateo for the reconstruction of Alta Vista Drive between Alida Way and the South San Francisco city limits. 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 ,2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: F:\file cabinet\Current Reso's\2-13alta.vista.res.doc ATTEST: City Clerk LEGEND: ~ INDICATES AREA TO BE · _-- ~ --- CITY/COUNTY BOUNDARY DESIGNATED A COUNTY HIGHWAY ~ INDICATES AREA TO BE RECONSTRUCTED CiTY oF 55~=. ~.O.~, SCALE; NONE DESIGNED BY, HC COUNTRY' CLUB PARK CHECKED BY; AMS RECONSTRUCTION ~ ALTA VISTA DRIVE :DATE: 1::::>/27/:::>001 i DRAVN BY, MC EXHIBIT A - LOCATION MAP FILE NE], 1/4579 NElL R, CULLEN, DIRECTOR OF PUBLIC WORKS I 555 COUNTY CENTER, 5TH FLOOR ~'Akl MA'F~';'I nl'll INTY RED~/OOD CITY, CALIFORNIA 94063-1665 BEK:AMS:MC 12/27/01 F:\USL..S~DESIGN~SDSK~PROJWA579000~Docs\CuSTSHARE AGREEMENT SSF.doc File No.: F-36 (366) Form approved by County Counsel - 2002 AGREEMENT COST SHARING AGREEMENT FOR THE RECONSTRUCTION OF ALTA VISTA DRIVE BETWEEN ALIDA WAY AND THE SOUTH SAN FRANCISCO CITY LIMITS AND FOR RELOCATING AND ADJUSTING SANITARY SEWER FACILITIES TO GRADE ON ALTA VISTA DRIVE BETWEEN ALIDA WAY AND THE SOUTH SAN FRANCISCO CITY LIMITS IN THE SOUTH SAN FRANCISCO AREA THIS AGREEMENT, made and entered into this ~ day of ,2002, by and between the 'COUNTY OF SAN MATEO, a political subdivision of the State of California, hereinafter called ("County"), and the CITY OF SOUTH SAN FRANCISCO, a municipal corporation of the State of California, hereinafter called ("City"). WITNESSETH: WI-IE~AS, the City and the County are desirous to reconstruct Alta Vista Drive, between Alida Way and the South San Francisco City Limits; and WHEREAS, the City and County agree that the County shall act as lead agency in the preparation of plans, specifications, and related documents for the reconstruction of Alta Vista Drive, between Alida Way and the South San Francisco City Limits; and NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The City consents to the temporary designation of said portion of Alta Vista Drive described in "Exhibit A" as a County Highway of the County of San Mateo for the sole purpose of performing the work of improvement described herein, and only to the extent necessary to perform such work of improvement as described under Section 1701 of the Street and Highway Code of the State of California. 2. The County will include in its contract for the above described project, provisions for the above stated roadway reconstruction work for said portion of Alta Vista Drive within the corporate limits of the City. 3. The County will award a contract to the lowest responsible bidder for the completion of the construction project including the work described above for the roadway reconstruction work. 4. The County agrees to notify the City of the successful bidder to whom the construction contract is awarded. 5. The City agrees to reimburse the County, on demand, the total cost incurred by the County for work on City facilities, preparation of the plans and specifications, project administration, construction management, Contract Change Orders and any other incidental expenses incurred by the County; provided that said incidental expenses and overhead shall not exceed ten percent (10%) of the construction contract and Change Order costs for said work. The estimated cost for said work is $55,000.00. Any Contract Change Orders on the City's portion of the construction work will be subject to the written approval by the City. It is understood that the total sum to be reimbursed to the County by the City shall be determined from the actUal costs incurred by the County to reconstruct said City -3- responsibilities over the sanitary sewer lines, manholes, cleanouts, and all other sanitary sewer facilities within the project limits. 11. The County shall only accept the work accomplished within the limits of the City after receiving written approval from the City. City disapproval of County work shall only be for non-conformance with the County adopted project plans and specifications for the reconstruction of Alta Vista Drive. Said approval or disapproval, if any, by the City shall be provided so as not to cause the County to sustain any claims for delays from the Contractor. 12. The City shall indemnify, defend, and hold harmless the County, its officers, agents, and employees from all claims, damages, suits or actions of every name, kind, and description, arising out of or relating to the matters covered by the agreement to the extent that such claims, suits or actions are due to the negligence or willful misconduct of the City or the City's failure to perform obligations requked of the City under this agreement. Likewi.se, the County shall indemnify, defend, and hold harmless the City, its officers, agents, and employees from all claims, damages, suits or actions of every name, kind, and description, arising out of or relating to the matters covered by this a~eement to the extent that such claims, suits or actions are due to the negligence or willful misconduct of the CounW or the County' s failure to perform obligations required of the County under....this agreement. The duty to indemnify and hold harmless includes the duties to defend as set forth in Section 2778 of the California Civil Code. The County shall require the Contractor to name the City, its officers, agents, and employees and the County as additional insureds on all insurance documents for this project and to include all work performed on behalf of the City in the bonds, warranties -5- IN WITNESS WI-IE~OF, the parties hereto, by their duly authorized representatives, have affixed their hands on the day and year fn:st above written. "County" COUNTY OF SAN MATEO BY Michael D. Nevin, President Board of Supervisors County of San Mateo ATTEST: County Manager/Clerk of the Board of Supervisors CITY OF SOUTH SAN FRANCISCO BY City Manager City of South San Francisco ATTEST: City Clerk -7- Park~ood (l ~nitv 1/e~hodist ~~xat on ORDINANCE DSSllltll~D "P~D ~XTY Iq~fHODXST CHURCH ANtaiXATX0tI" TO THE OF ,so_ora .s s, .. cxsco ; BB IT ORDAINED BY THE COUNCIL OF ~ CXTY O~ SOiIflt SAN FRANCXSCO~ ~, on the 21st day o£ August ~961, the Counci[ of the City of South San Francisco did pass and adopt Resolution No. 3264 giving notice of the proposal to annex certain uninhabited territory to the City of South San Francisco, said territory being therein designated as '*Park~ood Co_-v-unityHethodist Church Annexation*** said Resolution describing the boundaries oE the territory pro- posed to be annexed, and ~IEREAS, said Resolution No. 3264 did contain a notice of the day, hour and place when and where the Council oE the City would hear protests made by any person o~ning real property within the territory proposed to be annexed, the time of said hearing being not less than £orty (40) nor more than sixty (60) days from the date of passage of said Resolution, and k~IEREAS, on the 2nd day of October 1961, at the hour of it00 p.m. in the Council Chambers in the City Hall of the City o£ South San Francisco, County oE San Hateo, State o£ California, said time and place being the day, hour and place £ixed in said Resolution No. 3264 ~or hearinS protests to the said annexat~on~ tho s~d C~y Co~o~ d~d ~a~ and ~ss upon a~ p~o~es~s. ~ ~o ~ p~o~sed anacreon and d~d ~e~ne .~ p~o~es~s ~ no~ been pro~sed ~o be annexed as 8~ by ~he Iasc eq~L~z~ assess- ~nC ~1. nor by ~b~.~ers o~ one-~ o~ C~ va~ue o~ che p~L~c~ owned Ce~Co~ p~o~sed Co be ann~ed determined by sa~d legislative body~ and I~EREAS. 8a~d terr~toL~ ~s cont~Suous to the C~ty o~ Sou~h hn F~ac~sco and ~s ~n~b~ted te~o~ ~n the Co~t~ o~ S~n h~eo. S~ate o~ ~o;n~a. and ~~S. ~ o~e~8 o~ sa~d ~e~o~ ~ve ~ven and executed ~he~r C~ proper~y within the a~exed territ°~ s~11 u~n anna~- Cion be ~ed and subject Co ~ion ~o pay any indebCe~eas o~ l~b~li~y o~ ~he City of Sou~h San F~ancisco con,racked prio~ Co o~ exis~in~ a~ ~he bas~s as pro.roy is ~xed Ch~ou~uC said City. ~ch ~r~en consent is p~esenCly on file sa~d HO~. ~FO~. So~h San Francisco does hereby approve ~he Ce~iCo~ hereinafter ~8c~ibed ~o the City of South San F~anc~sco. and does ~reby ~urC~r or. in C~ ~he said ~e~rl~o~y be and Sou~h San Francisco and is desi~a~ed 'Pa~ood Co~Cy ~hod~sC Church That said territory, the annexation of which to the City of South San Francisco is herein approved, is all that territory situate in the County o£ San Mate., State of California, more particularly described as follows= A portion of the Southeasterly 25 feet of Alta Vista Drive, (formerly Fairway Drive) and lots 16 and 17, Block C, as desi~ated on that certain map entitled, "TRACT NO. 534, NAp NO. i COUNTRY CLUB PAI~' recorded MaY'gth, 1941, in Volume 23 of Maps at Pages 54, 55 and 56, San Mate. County ~mcords, more particularly described as follows: BEGINNING at the point of intersection of the Southwesterly line of said Lot 17 with the north- erly corporate limits line of the City o[ South San Francisco as said corporate limits line was establishedby Ordinance No. 238 passed and adopted by the City Council of the City of South San Francisco on Hay 28th, 1945; thence leaving said corporate limits along said Southwesterly line of Lot l? and the Northwesterly prolon~ation thereof, North 31° 15' West 305.00 feet to the center line. of Alta Vista Drive, (Fairway Drive on said map); thence along said center line North 58° &5t East 280.00 feet to the point of intersection of the Northwesterly prolongation of the Northeasterly line of said Lot 16; thence along said prolonga- tion and said Northeasterly line of Lot 16, South 31° 15' East a distance of 305.00 feet to the Easterly corner of said Lot 16.and a point in said corporate limits of South San Francisco; thence along the Southeasterly line of said lots 16 and 17 and said corporate limits' South 58° 45t West 280.00 feet to the point of beginning. * * * * * Introduced this _jllul__day of r~,.h.. _ lg_lll_. Passed and adopted as an ordinance of the City of South San Francisco at a , ~e~ular meeting of the City Council of the City of South San Francisco this ?th , day 19 6! , by the following vote: AYES, COUNCZ~HEN NOES As Mayor of the City of South San Francisco, ! do hereby approve the foregoing Ordinance .this ~th_ day of December, ].9 61 . /S/ GUTDO J. ROZZI , Mayor~ , , Department of Public Works COUNTY OF SAN MATEO BOARD OF SUPERVISORS MARK CHURCH RIGHARD S. GORDON ,JERRY HILL ROSE JACOBS GIBSON MICHAEL D. NEVlN NElL R. CULLEN DIRECTOR 555 COUNTY CENTER, 5TM FLOOR · REDWOOD CITY · CALIFORNIA 94063-1665 ° PHONE (650) 363-4100 · FAX (650) 361-8220 December 27, 2001 Mr. John Gibbs Director of Public Works City of South San Francisco P. O. Box 711 South San Francisco, CA 94083 Dear Mr. Gibbs: Re: Reconstruction of Alta Vista Drive between Alida Way and South San Francisco City Limit - Country Club Park Area, South San Francisco We previously informed you that the County was preparing plans and specifications for the reconstruction of Alta Vista Drive in the Country Club Park area of unincorporated San Mateo County. The project is scheduled to begin construction in June 2002. According to our field inspection two (2) sanitary sewer manholes and one (1) sanitary sewer cleanout will be affected by our proposed project. The sanitary sewer manholes will need to be adjusted to grade due to the new road elevation, and the sanitary sewer cleanout at 210 Alta Vista Drive will need to be relocated to avoid conflict with the proposed valley gutter. Enclosed is a copy of our preliminary design plans showing the locations of the manholes and cleanout. As per your letter dated July 6, 2001 and a subsequent telephone conversation with Mr. Dennis Chuck, of your office, and Mark Chow, of my staff, on November 6, 2001, we understand that the City would like us to include the reconstruction of its portion of Alta Vista Drive fronting addresses 317-337 as work to be completed by our contractor and include adjusting sanitary sewer manholes to grade and relocating the sanitary sewer cleanout as work to be completed by our contractor. Enclosed are three (3) copies of a form of Agreement for the said work as part of our project. The total estimated cost of the work is $55~000, which includes incidental and overhead expenses incurred by the County. You have the option to review the bids and determine if you wish to leave the work in our contract if the total cost, including contingencies, exceeds the total estimated cost of $55~000. After the work has been completed, the City will be billed based upon the actual construction costs, plus incidental and overhead expenses not to exceed ten percent (10%) of construction costs and any Contract Change Order costs for reconstructing the City's portion of Alta Vista Drive and adjusting sanitary sewer manholes and relocating cleanout. Mr. John Gibbs Director of Public Works City of South San Francisco Re: Reconstruction of Alta Vista Drive between Alida Way and South San Francisco City Limit - Country Club Park Area, South San Francisco December 27, 2001 Page 2 Please review the Agreement and if it meets your approval, execute all three copies of the Agreement and return them to us by MondaF, Januar~ 2& 2002. A fully executed copy will be forwarded to you for your records. If you have any questions or need further information, please call Mark Chow, Ann Stillman, or me at (650) 363-4100. Very truly yours, Bruce E. Kirk, P.E. Principal Civil Engineer Project Development and Design BEK:AMS:MC:sdd F:\USERSkADM1NkESDkAIta Vistak2001\SSF Agreement Letter.doc F:\USERSkDESIGNkSDSKkPROJ~E4579000kDocs\SSF Agreement Letter.doc Attachment: Preliminary Plans Agreement (3 copies) cc/Enclosures: Mr. Dennis Chuck, Senior Civil Engineer City of South San Francisco P. O. Box 711 South San Francisco, CA 94083 rt DATE: TO: FROM: SUBJECT: February 13, 2002 The Honorable Mayor and City Council The Director of Public Works Resolution Approving the Installation of a Stop Sign on 7th Lane at Linden Avenue RECOMMENDATION: It is recommended that the City Council adopt a resolution authorizing the installation of a stop sign on 7t~ Lane at Linden Avenue. BA CKGROUND/DISCUSSION: Staff received a request for a stop sign on 7th Lane at Linden Avenue. Currently, there is no stop sign on either Linden Avenue or 7th Lane. Vehicles on 7th Lane (one-way street) yield to traffic on Linden Avenue with free flow of traffic on Linden Avenue. The Engineering Division conducted a field investigation and determined that a stop sign should be installed on 7th Lane at Linden Avenue. The stop sign will assign right-of-way to the vehicles on Linden Avenue requiring traffic on 7th Lane to stop. It is recommended by the Engineering Division and the Police Department for the City Council to approve the installation of a stop sign on 7th Lane at Linden Avenue. please refer to Exhibit 1 as it displays the existing condition and the proposed recommendation for the installation of a stop sign. Staff Report To: The Honorable Mayor and City Council Re: Resolution Approving the Installation of a Stop Sign on 7t~ Lane at Linden Avenue Date: February 13, 2002 Page: 2 of 2 FUNDING: No additional funding would be necessary to install the stop sign at this location. The stop sign and pole are in stock with the Street Maintenance Division and the time used to install the sign and pavement markings would be charged to general street maintenance. By:_ -.,i, c>~l- v John Oil~Ds '- Director~of Public Works Michael A. Wilson City Manager ATTACHMENTS: Resolution Location Map - Exhibit 1 TS/JG/ed RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE INSTALLATION OF A STOP SIGN ON 7'" LANE AT LINDEN AVENUE WHEREAS, staff received a request for a stop sign on 7th Lane at Linden Avenue; and WHEREAS, the Engineering Division conducted a field investigation and determined that a stop sign should be installed on 7t~ Lane at Linden Avenue; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes the installation of a stop sign on 7th Lane at Linden Avenue. 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 ,2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: F:\file cabinetSCurrent Reso'sX2-13stop.sign.7thst.res.doc City Clerk EXHIBIT 1 7TH LANE uti Z uJ 7TH LANE Z W NEW INSTALLATION EXISTING PROPOSED 7TH LANE AT LINDEN AVENUE JL_ RI= STANDARD 36" STOP SIGN MOUNTED ON A 2" DIA. POLE ~- W17= STANDARD 36" STOP AHEAD SYMBOL SIGN MOUNTED ON A 2" DIA. POLE DATE: TO: FROM: SUBJECT: February 13, 2002 Honorable Mayor and City Council Director of Parks, Recreation and Maintenance Services Resolution Approving Purchase of Central Sculpture for Orange Memorial Park Sculpture Garden RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the execution of an agreement with the National Sculptors' Guild and Jane DeDecker in the amount of $30,000 for the production and installation of a bronze sculpture entitled "Safe Haven" in the Orange Memorial Park Sculpture Garden. BACKGROUND/DISCUSSION As the City Council is aware, the Cultural Arts Commission initiated the creation of a sculpture garden in Orange Memorial Park. Landscape Architects Callander and Associates were retained to design the garden and prepare construction documents. The schedule for the project is for the bid opening on March 5, 2002, award of the construction contract in April, with construction to be completed by August 1, 2002. The garden creates exhibit space for at least twelve (12) sculptures. The intent of the Commission is to purchase a significant, central piece from their accumulated "art acquisition" funds. The Commission is considering options for acquiring additional pieces over time, as well as the possibility of a "loan" program for some temporary installations. Parallel with the garden design process, the Commission initiated a national competition, which resulted in fifty-two artists (52) submitting seventy-one (71) sculptures for consideration. A sub- committee of the Commission narrowed the entries, and invited three artists to present proposals at the Commission meeting on November 15, 2001. They voted to recommend the bronze piece "Safe Haven" by Jane DeDecker to the City Council. Staff Report To: Honorable Mayor and City Council Subject: Purchase of Central Sculpture for Orange Memorial Park Sculpture Garden Date: February 13, 2002 Page 2 The three final sculptures were displayed at the City Council meeting of December 12, 2001, with staff receiving direction to proceed with preparing a contract with Ms. DeDecker for acquisition and installation of her piece. It should be noted that construction of the foundation, pedestal, lighting, and landscape for the piece will be part of the construction contract, with the costs included in the project. The artist's obligation includes fabrication of the sculpture, transportation costs to the site, and installation of the piece on the pedestal. The artist has also offered to supply at her cost some flat sandstone pieces to enhance the hardscape around the footing. FUNDING In-lieu park fees are funding the construction of the garden. The $30,000 contract with the National Sculptors' Guild and Ms. DeDecker will be funded by the art acquisition funds administered by the Commission through the operating budget. Director of Parks, Recreation and Maintenance Services Approved: Michael A. Wilson City Manager Attachments: 1. Resolution 2. Agreement RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JANE DeDECKER AND THE NATIONAL SCULPTURES' GUILD IN THE AMOUNT OF $30,000 FOR THE PRODUCTION AND INSTALLATION OF A BRONZE SCULIYI'URE ENTITLED "SAFE HAVEN" IN THE ORANGE MEMORIAL PARK SCULPTURE GARDEN WHEREAS, staff recommends the City enter into an agreement with Jane DeDecker and the National Sculptures' Guild in the amount of $30,000 for the production and installation ora bronze sculpture entitled "Safe Haven." NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes the execution of an agreement with JaneDeDecker and the National Sculptures' Guild in the amount of $30,000 for the production and installation of a bronze sculpture entitled "Safe Haven" in the Orange Memorial Park Sculpture Garden. 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 ,2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: F:\file cabinet\Current Reso's\1-23sculpture.res.doc ATTEST: City Clerk CONTRACTUAL SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE NATIONAL SCULPTORS' GUILD AND JANE DeDECKER THIS AGREEMENT for personal artistic services is made by and between the City of South San Francisco ("City") , National Sculptors' Guild and Jane DeDecker ( herein after referred to collectively as "Artist") as of ,2002. WHEREAS, the City of South San Francisco solicited proposals for a Work of public art (hereinafter called "Work" or "Safe Haven Sculpture") to be located in the City's Orange Memorial Park, as more particularly described in Exhibit C, (hereinafter called "Site"); and, WHEREAS, the Artist submitted a proposal for the Work pursuant to the City's request for proposals; and WHEREAS, the Artist was selected by the City to fabricate and install the Work at the Site; and WHEREAS, the City and the Artist desire to set forth the terms upon which the Artist will produce and install the Work for the City; NOW, THEREFORE, the City and the Artist, for the consideration and under the conditions hereinafter set forth, agree as follows: Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, ARTIST shall provide to City the Work described in the Scope of Services attached as Exhibit A 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 any exhibits, the Agreement shall prevail. 1.1 Term of Services. ARTIST shall complete the Work it has agreed to perform under this Agreement by the completion date stated in Exhibit A. The time provided to ARTIST to complete the Work required by this Agreement shall not affect the City's right to terminate the Agreement prior to the date referenced above. 1.2 Termination. City may cancel this Agreement at any time and without cause upon written notification to ARTIST. ARTIST may cancel this Agreement upon five (5) days written notice to City and shall include in such notice the reasons for cancellation. Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture S:\Culmral Arts 2002~SafeHaven_Artist_Agreement_Febl 3.doc Page 1 of 18 February 13, 2002 1.3 1.4 1.5 1.6 1.7 In the event of termination, ARTIST will receive compensation only for actual expenses incurred for installing the "Safe Haven" sculpture. However, in addition to the terms in subsection 2.5, City may condition payment of such compensation upon ARTIST delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to ARTIST or prepared by or for ARTIST or the City in connection with this Agreement. 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. ARTIST understands and agrees that if City grants such an extension, City shall have no obligation to provide ARTIST with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the City Manager, City shall have no obligation to reimburse ARTIST for any otherwise reimbursable expenses incurred during the extension period. Standard of Performance. ARTIST shall perform all Work required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which ARTIST is engaged in the geographical area in which ARTIST practices its profession. ARTIST shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in ARTIST's profession. Assignment of Personnel. ARTIST understands that this is an agreement for personal services and shall not assign any duties under this Agreement without the express, written consent of the City. Jane DeDecker is the principal sculptor under this Agreement and no other artist shall be assigned work under this Agreement without the prior written consent of the City. In the event ARTIST, due to death or debilitating injury, is unable to perform the Work provided in this Agreement, City shall have the right to terminate this Agreement. Time. ARTIST 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 ARTIST's obligations hereunder. Delay. If the Artist is delayed from installing the Work by the Installation Date as a result of action taken by the City, the City shall reimburse the Artist for actual transportation and storage costs incurred for the period between the Installation date and date on which the Site is available to permit installation of the work, if and only if, the transportation and storage cost are incurred as a direct result of the delay caused by the City or its officers, employees or agents. The City shall not be Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture S:\Cultural Arts 2002\SafeHaven_Artist_Agreement_Febl 3.doc Page 2 of 18 February 13, 2002 responsible for any transportation and storage costs that the Artist would have been required to pay in the absence of delay caused by the City. 1.7.1 Necessary Delay. Neither the City nor the Artist shall be penalized under the terms of this Contract for delays caused that are beyond each party's control that directly result in an inability of either the Artist or the City to perform their obligations under this Agreement. Delays beyond each party's control shall consist of: 1.7.1.1 Acts of God 1.7.1.2 Death of the Artist 1.7.1.3 Change in federal or state laws affecting the contract 1.7.1.4 Declaration of a State of Emergency by the Governor/President respectively. Section 2. COMPENSATION. City hereby agrees to pay ARTIST a sum not to exceed $30,000 notwithstanding any contrary indications that may be contained in ARTIST's proposal, for Work to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and ARTIST's proposal regarding the amount of compensation, the Agreement shall prevail. City shall pay ARTIST for services rendered in creating and constructing the Safe Haven Sculpture at the time and in the manner set forth herein. The payments specified herein shall be the only payments from City to ARTIST for Work rendered pursuant to this Agreement. ARTIST shall not be entitled to reimbursement for expenses incurred in performing the Work under this Agreement. ARTIST and City acknowledge and agree that compensation paid by City to ARTIST under this Agreement is based upon ARTIST's estimated cost of creating the unique sculpture, "Safe Haven" as recommended by the Cultural Arts Commission of the City. The parties agree that the compensation provided hereunder is intended to include the costs of contributions to any pensions and/or annuities to which ARTIST and its employees, agents, and other Artists who may work on the project, may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this agreement. 2.1 Deposit. City shall pay a deposit of 50% of the total contract amount, ($15,000) to ARTIST upon execution of this Agreement. 2.2 Second Installment. City shall pay ARTIST an amount not to exceed 40% of the total contract amount, ($12,000) upon the completion of the sculpture at the foundry. City understands that the Safe Haven sculpture edition purchased under this Agreement has been created at the time of execution of the Agreement. 2.3 Final Payment. The third and final payment equal to 10% of the total contract amount ($3,000) shall be due upon final acceptance, as defined in Exhibit A to this Agreement, of the Safe Haven Sculpture in Orange Memorial Park. ARTIST shall submit a final invoice for payment and City shall pay said invoice within 30 days of receipt of same. Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture S:\Cultural Arts 2002\SafeHaven_Artist_Agreement_Febl 3.doc Page 3 of 18 February 13, 2002 2.4 Payment of Taxes. ARTIST is solely responsible for the payment of ALL taxes incurred under this Agreement. 2.5 Payment upon Termination. In the event that ARTIST terminates this Agreement, ARTIST shall not be entitled to any compensation for costs incurred or work performed pursuant to this Agreement. If City terminates the Agreement, without cause, City shall compensate the ARTIST for all outstanding costs incurred for work satisfactorily completed as of the date of written notice of termination. ARTIST shall maintain adequate logs and timesheets in order to verify costs incurred to that date. If ARTIST fails to maintain proper documentation for costs and expenses incurred in performing the Work authorized in this Agreement, ARTIST shall not be entitled to payment or reimbursement for said costs. 2.6 Authorization to Perform Work. The ARTIST is not authorized to perform any additional Work whatsoever under the terms of this Agreement until an Amendment to this Agreement has been executed by the City Manager and ARTIST. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, ARTIST shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to create the Safe Haven Sculpture. 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. ARTIST, at its own cost and expense, shall procure "occurrence coverage" insurance 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 ARTIST and its agents, representatives and employees. ARTIST 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 ARTIST's bid. 4.1 Workers' Compensation. ARTIST 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 ARTIST. 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, ARTIST 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 Risk Manager. The insurer, if insurance is provided, or the ARTIST, 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. Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture S:\Cultural Arts 2002\SafeHaven_Artist_Agreement_Febl 3.doc Page 4 of 18 February 13, 2002 4.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, 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. Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. ARTIST, 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 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement shall be attached limiting the coverage. 4.2.2.1 The Artist shall maintain appropriate insurance on the Work, insuring against potential risk of loss, including but not limited to design, fabrication, transportation and installation, in an amount acceptable and approved by the City's Risk Manager. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: City and its officers, employees, agents, and volunteers shall be covered as insureds with respect to each of the following: liability arising out of activities performed by or on behalf of ARTIST, including the insured's general supervision of ARTIST; products and completed operations of ARTIST; premises owned, occupied, Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture S:\Cultural Arts 2002kSafeHaven_Artist_Agreement_Febl 3.doc Page 5 of 18 February 13, 2002 4.4 or used by ARTIST; and automobiles owned, leased, or used by the ARTIST. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. Co An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. Any failure of ARTIST to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, 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. All Policies Requirements. 4.4.1 Acceptabilit~ of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of Coverage. Certificates of Insurance that indicate the required coverage shall bc submitted as Exhibit B and made part of this Agreement prior to execution of this Agreement. In no event shall thc ARTIST or its agents, employees or officers begin work under this Agreement unless said evidence of insurance coverage has been received and approved as to form by the Risk Manager. The certificates and endorsements for each insurance policy arc to be signed by a person authorized by that insurer to bind coverage on its behalf. 4.4.3 Variation. The Risk Manager 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. 4.4.4 Deductibles and Self-Insured Retentions. ARTIST shall disclose to and obtain the approval of Risk Manager for the self-insured retentions and Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture S:\Cultural Arts 2002\SafeHaven_Artist_Agreement_Febl 3.doc Page 6 of 18 February l3,2002 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 the Risk Manager, ARTIST may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Risk Manager may condition approval of an increase in deductible or self-insured retention levels with a requirement that ARTIST procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.5 Notice of Reduction in Coveraee. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, ARTIST shall provide written notice to City at ARTIST's earliest possible opportunity and in no case later than five days after ARTIST is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if ARTIST 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 ARTIST'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 ARTIST to stop work under this Agreement and/or withhold any payment that becomes due to ARTIST hereunder, until ARTIST demonstrates compliance with the requirements hereof. · Terminate this Agreement. Section 5. INDEMNIFICATION AND ARTIST'S RESPONSIBILITIES. ARTIST shall indemnify, defend (with Counsel approved by City), and hold harmless City and its officials, officers, employees, agents, and volunteers from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of ARTIST or its employees, or agents, or by the quality or character of their work. 5.1 The foregoing obligation of ARTIST shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers. It is understood that the duty of ARTIST to indemnify and hold harmless includes Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture S:\Cultural Arts 2002\SafeHaven_Artist_Agreement_Febl 3.doc Page 7 of 18 February 13, 2002 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 ARTIST 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. .Section 6. ARTIST No Agent. Except as City may specify in writing, ARTIST shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. ARTIST 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. ARTIST shall comply with all laws applicable to the performance of the work hereunder. 7.3 Affirmative Action in Employment. ARTIST shall comply with any Affirmative Action Program and Equal Employment requirements of thc City or, if funding for the Work is provided by another government agency, the Affirmative Action and Equal Employment requirements of the agency. During the performance of this Agreement, ARTIST agrees that ARTIST shall not discriminate against any employee or applicant for employment because of race, color, religion, gender, sexual orientation, handicap, age, or national origin. ARTIST agrees to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, handicap, gender, sexual orientation, age, or national origin. ARTIST shall incorporate the Affirmative Action provisions of this Agreement in all sub- ARTISTs for Work covered by this Agreement. Upon request of City or other government agency providing funds for this Agreement, ARTIST shall provide reports and/or documents to City or funding agency demonstrating compliance with the terms hereof. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, ARTIST 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. ARTIST represents and warrants to City that ARTIST and its employees and agents have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture S:\Cultural Arts 2002\SafeHaven_Artist_Agreement_Febl 3.doc Page 8 of 18 February 13, 2002 respective professions. ARTIST represents and warrants to City that ARTIST and its employees and agents 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, ARTIST shall obtain and maintain during the term of this Agreement valid Business Licenses from City. Section 8. MODIFICATIONS. 8.1 Amendments. The parties may amend this Agreement only by a writing signed by the City Manager and ARTIST. 8.2 Assignment and Subcontracfine. City and ARTIST recognize and agree that this Agreement contemplates personal performance by Jane DeDecker and John Kinkade, as ARTIST's representative, and is based upon a determination of ARTIST'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 ARTIST. ARTIST may not assign this Agreement or any interest therein without the prior written approval of the City Council. ARTIST shall not subcontract any portion of the performance contemplated and provided for herein, other than as noted in the proposal, without prior written approval of the Contract Administrator. 8.3 Death or Serious Iniury/Illness. In the event of the serious illness/injury or death of the Artist during the construction and/or the installation of the Work, her heirs, family and estate will in no way be responsible for the completion of the unfinished Work nor shall they be entitled to the compensation for uncompleted work due under this contract. 8.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and ARTIST shall survive the termination of this Agreement. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of ARTIST'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 ARTIST prepares pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the ARTIST. Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture S:\Culmral Arts 2002XSafeHaven_Artist_Agreement_Febl 3.doc Page 9 of 18 February l3,2002 9.2 ARTIST's Books and Records. ARTIST shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for Work 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 ARTIST under this Agreement. 9.3 Inspections and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires ARTIST 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 provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 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. 10.3 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. 10.4 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. 10.5 Use of Recycled Products. ARTIST shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.6 Conflicts of Interests. ARTIST may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place ARTIST in a "conflict of interest," as that term is defined in Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture S:\Cultural Arts 2002XSafeHaven_Artist_Agreement_Febl 3.doc Page 10of18 February l3,2002 the Political Reform Act, codified at California Government Code Section 81000 et seq. 10.6.1 Government Code §1090 Disclosure: ARTIST 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; or, if it was an employee, agent, appointee or official of the City in the previous twelve months, that it did not participate in any manner in the forming of this Agreement. ARTIST understands that if this Agreement is made in violation of Government Code {}1090 et. seq., that the entire Agreement is void and ARTIST will not be entitled to any compensation for Work performed pursuant to this Agreement, including reimbursement of expenses and ARTIST will be required to reimburse the City for any sums paid to the ARTIST. ARTIST 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. 10.7 10.8 ARTIST Initials Solicitation. ARTIST agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. Convri~ht. This Agreement is for the purchase of the Safe Haven sculpture only. The Artist retains Copyright in and to the work under the Copyright Act of 1976, 17 U.S.C., Section 101, et seq., as amended. The sculpture has been produced in an edition of twenty-one (21). The Artist reserves the right to produce the Work at any size. Each edition will be clearly marked as a limited edition. If the City should desire to place the Work in a location that is not shown on Exhibit B, the City shall first notify the Artist. If the Artist objects to the new location, the only remedy available to the Artist is to request in writing that the City remove the identification plaque referred to in this Agreement and that the City not promote the Work as that of the Artist. Provided however, this provision in no way prohibits the City from truthfully responding to inquiries, oral and written, as to the name of the Artist. The Artist shall not unreasonably object to a change of location or alteration of the site. 10.8.1 ARTIST hereby retains ownership of the proposal, the drawing (s), models of the sculpture and all property rights related thereto. The ARTIST also retains the right to claim authorship of the Safe Haven sculpture and to reproduce the Safe Haven sculpture for promotional purposes so long as a reproduction of the sculpture is Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture S :\Cultural Arts 2002\SafeHaven_Artist_Agreement_Febl 3.doc Page 11 of 18 February 13, 2002 10.8.2 not used by any other public entity to create an identical or substantially similar sculpture for use by that entity. All two-dimensional reproductions by the City shall contain a credit to the Artist substantially in the following form: "Jane DeDecker National Sculptors' Guild" 10.9 10.10 10.11 Section 11 11.1 11.1.1 11.1.2 Contract Administration. This Agreement shall be administered by Mike Wilson, City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his designee. Notices. Any written notice to ARTIST shall be sent to: Ms. Jane DeDecker C/o National Sculptors' Guild Atto: Nela Huntsinger or John Kinkade 2683 North Taft Avenue Loveland, CO 80538 Ph: 800/606-2015 Fax: 970/667-2018 Any written notice to City shall be sent to: City of South San Francisco, City Clerk 400 Grand Avenue, City Hall South San Francisco, CA 94083 Inteeration. This Agreement, including exhibits attached hereto and incorporated herein, represents the entire and integrated agreement between City and ARTIST and supersedes all prior negotiations, representations, or agreements, either written or oral. WARRANTIES Warranties Of Title. The warranties described in this shall survive for so long as the City or any successor of City owns the Work The Artist represents and warrants that: The Work is solely the result of the artistic and creative efforts of the Artist; Except as otherwise disclosed in writing to the City, the Work is original and does not infringe upon any Copyright; and, Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture S:\Cultural Arts 2002\SafeHaven_Artist_Agreement_Febl 3.doc Page 12 of 18 February 13, 2002 11.1.3 11.2 11.2.1 11.2.2 11.2.3 11.2.4 Section 12 12.1 12.2 12.3 12.4 The Work is free and clear of all liens from any source whatsoever. Warranties Of Quality And Condition. The Artist represents and warrants that: The Work, as fabricated and installed, will be free of defects in material and workmanship, including any defects of "inherent vice" or qualities which may cause or accelerate deterioration of the Work; and, Reasonable maintenance of the Work will not require procedures in excess of those described in Exhibit A, item 15. The warranties described in this Section shall survive for a period of one (1) year after final acceptance of the Work. The City shall give notice to the Artist of any observed breach of these warranties within thirty (30) days of said observation. Within thirty (30) days of said notice, Artist shall, at the request of the City, and at no cost to the City, cure the breach of any such warranties, which is curable and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Work). The Artist shall not be responsible for any damage inflicted on the Work by third parties or outside forces, whether man-made or from natural causes, which exceed those that the design of the Work should reasonably tolerate. Subsequent Events Maintenance. The City and the Artist recognize that maintenance of the Work on a regular basis is essential to the integrity of the Work. Therefore, the City shall assure regular maintenance according to the instructions supplied by the Artist as set forth herein in Exhibit A, instructions to City, and may take action reasonably designed to protect the Work against vandalism. Repairs And Restoration. After final acceptance of the Work, the Artist may inspect the Work at her own expense and shall notify the City in writing as to the necessity of any repairs. The City may in its discretion consult with the Artist and make the noted repairs. All such consultations shall be without additional cost to the City. Alteration Of The Work. The City will not consent to intentional alterations, modifications, or change to the Work. The City shall retain the right to sell or donate the Work to a third party. Alteration Of The Site. The City shall notify the Artist of any proposed significant alterations of the Site within fifty (50) yards of the Work. The Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture S:\Cultural Arts 2002XSafeHaven_Artist_Agreement_Febl 3.doc Page 13 of 18 February 13, 2002 Artist may at his sole expense request copies of plans detailing proposed alterations to the Site. If such alterations cannot be undertaken to the reasonable satisfaction of the Artist, she may request the public notice referred to in this Agreement be removed and otherwise proceed in accordance with section 10.8. 12.5 Waiver Of Riehts. The Artist understands and agrees that the provisions of this section shall control over the provisions of 17 U.S.C. - 106A (a) and other laws granting the Artist any "moral rights" or similar rights as to the Work, and shall constitute a waiver by the Artist of any rights with the exception of copyright, in the Work set out in or otherwise granted by 17 U.S.C.- 106A (a) or in such other laws. CITY OF SOUTH SAN FRANCISCO ARTIST Michael A. Wilson, City Manager Jane DeDecker, ARTIST Attest: John Kinkade, National Sculptor's Guild Sylvia Payne, City Clerk Approved as to Form: Steven T. Mattas, City Attorney Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture S:\Culmral Arts 2002\SafeHaven_Artist_Agreement_Febl 3.doc Page 14 of 18 February 13, 2002 EXHIBIT A SCOPE OF SERVICES General The Artist shall complete the installation and fabrication of the Work in conformity with the specifications set forth below: Jane DeDecker has designed and fabricated an edition of the Safe Haven Sculpture. The Work shall be installed by John Kinkade as described herein. The specifications of the Work are as follows: Title: "Safe Haven" Dimensions: Life-size (67" H) Medium Bronze The permanent location for the Work at the Site shall be in the City's Orange Memorial Park at a location selected by the City as generally depicted on the map attached hereto as Exhibit C and incorporated herein by reference. The City shall have the right to review the progress of the Work at reasonable times, and with advance notice, during the fabrication thereof. The Artist shall submit such reports regarding the progress of the Work as the City may request. The Artist shall complete installation of the Work in coordination with the construction of the site, no later than August 1, 2002 (hereinafter called 'Installation Date"). John Kinkade or Jane DeDecker shall be on site for the installation, and shall incur all travel and expenses with no compensation from the City. The City is unable to store the piece, and it shall not be delivered prior to the installation date. 5. The Artist shall notify the City in writing when the Artist is ready to deliver the Work and install it at the Site. The Artist shall work with the City in the development of the plan for the site. The Artist shall provide specifications for the pedestal and mounting and documentation that a structural engineer has approved the design. 7. The City shall be responsible for all expenses, materials, labor and equipment to prepare the Site for the timely installation of the Work, with the exception of eight (8) pieces of Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture S:\Cultural Arts 2002\SafeHaven_Artist_Agreement_Febl 3.doc Page 15 of 18 February 13, 2002 sandstone, which the Artist shall provide and pay for delivery. The Artist shall deliver and install the completed Work at the Site. The Artist shall pay for cost of delivery and installation. These costs may include crane and related equipment and labor charges. o 10. 11. 12. 13. 14. 15. The Artist shall coordinate with the City to prepare the Site for installation. The City shall use its best efforts to arrange to temporarily modify and/or barricade the Site and provide traffic control so as to effectively secure the Site and protect the public during installation of the Work. The Artist shall provide to the City written instructions for appropriate maintenance and preservation of the Work, including moving and reinstallation of the Work. The City shall provide and install an identification plaque which shall be made of bronze in the approximate size of 8.5" X 11", which shall include the tile of the sculpture, the year in which it was created and the artist's name, including the artist's City and State of residence. The Artist shall notify the City in writing when all Work required by the Artist under the Agreement has been completed. The Artist shall, prior to final acceptance, provide the City with such lien and/or claim releases with respect to the Work as the City may require. The City shall notify the Artist in writing of its final acceptance of the Work. Final acceptance shall be determined by the City in its sole and absolute discretion. Such acceptance shall constitute the City's acknowledgement that the Work has been completed and installed according to the terms of this Agreement. Title of ownership of the Work shall pass to the City upon final acceptance. The risk of loss or damage to the Work shall be borne by the Artist until final acceptance, and the Artist shall take such measures as are necessary to protect the Work and the materials relating hereto from loss or damage and to insure the Work and the materials relating thereto until final acceptance. Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture S:\Culmral Arts 2002XSafeHaven_Artist_Agreement_Febl 3.doc Page 1_ of 18 February l3,2002 EXHIBIT B INSURANCE CERTIFICATES Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture S:\Cultural Arts 2002XSafeHaven_Artist_Agreement_Febl 3.doc Page 1_ of 18 February 13, 2002 EXHIBIT C LOCATION OF SCULPTURE MAP OF ORANGE MEMORIAL PARK Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture S:\Cultural Arts 2002\SafeHaven_Artist_Agreement_Febl 3.doc Page 1_ of 18 February 13, 2002 Staff Report DATE: TO: FROM: SUBJECT: February 13, 2002 Honorable Mayor and City Council Steven T. Mattas, City Attorney By: Kimberly A. Johnson, Assistant City Attorney Second Amendment to the PRP Agreement for Gibson Environmental Site Remediation RECOMMENDATION: It is recommended that the City Council adopt the resolution approving the Second Amendment to the PRP Agreement and authorizing the City Manager to execute the Amendment. BACKGROUND/DISCUSSION: In November, 1999, the City of South San Francisco was named as a Potential Responsible Party ("PRP") in an action by the California Department of Toxic Substance Control ("DTSC") pertaining to conditions at the Gibson Environmental site located in Bakersfield, CA ("Site"). On July 12, 2000, the City Council authorized the City Manager to execute a Primary Responsible Party Agreement and Joint Defense Agreement in order to facilitate remediation of the Gibson Environmental-Bakersfield site. As a result of contamination on the site, the City and the other named PRP's were required to contribute their allocated share of remediation costs. At the time the PRP Agreement was first executed, the City's proportionate share of the clean-up cost was 5.19%. The PRP Agreement also capped the total cost for site remediation at six million dollars ($6,000,000). Therefore, with an allocated share of 5.19%, the City was responsible for an estimated $311,400 in site remediation costs. Pursuant to the terms of the PRP Agreement, the Management Committee selected Common Counsel to represent the group. Common Counsel, working with other consultants, identified numerous entities that contributed waste to the site but who were not named in the DTSC Order. The majority of entities identified chose to join the PRP Group and contribute toward the cost of remediating the site. As a result, the City's percentage was reduced to 1.353% as of November 2001. However, the allocation tables have been further revised with the addition of new parties and the City's share is now 1.321%. In January, the PRP's issued a request for contributions to fund remedial activities through mid-year. Because the City's allocated share has been reduced, the City does not have to contribute but rather will receive a twenty-six thousand dollar ($26,000) refund. The refund represents the amount the City has paid to date that exceeds its allocated share under the new allocation tables. DATE: TO: FROM: SUBJECT: February 13, 2002 Honorable Mayor and City Council Steven T. Mattas, City Attorney By: Kimberly A. Johnson, Assistant City Attorney Second Amendment to the PRP Agreement for Gibson Environmental Site Remediation In response to the revised allocation tables, the Management Committee proposed to amend the Agreement to reimburse those entities who, as a result of decreased allocations, have paid more than their proportionate share of the remediation costs to date. Relevant changes to the cost allocation are set forth below: 1. Interim Cost Allocation, Relative Volumetric Shares. New tables have been prepared that reflect the contribution and allocation of the new members of the group as of January 2002. 2. Adjustments to Future Cash Calls Based on Changes to Interim Cost Allocation Percentages. This section adds language to allow entities, based on previously allocated percentages, to receive a credit for amounts overpaid during the interim allocation period. Additionally, if the amount of credit exceeds the total amount charged, the credit will be paid to the entity as soon as funds are available. Likewise, if an entity has underpaid, that entity is required to pay a surcharge equal to the underpayment at the time of the next assessment. Other technical amendments have been made to the Agreement that have no direct effect on the City's liability. The entire Second Amendment is attached for your review. The majority of the cooperating entities voted to execute the Second Amendment to the PRP Agreement. Staff recommends that the City Council approve the Second Amendment to the PRP Agreement .and authorize the City Manager to execute the Second Amendment. Steven T. l~ttas, City Attorney Michael A. Wilson, City Manager Enclosures: Second Amendment to PRP Agreement Revised Allocation Tables J:\wpd\Mnrsw\405\095\GibsonFeb5_SecondAmendPRP_staff-report.doc RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE SECOND AMENDMENT TO THE POTENTIAL RESPONSIBLE PARTY AGREEMENT FOR GIBSON ENVIRONMENTAL SITE REMEDIATION WHEREAS, staff recommends that the City Council adopt the Second Amendment to the Primary Responsible Party Agreement in order to ensure that the City remains a Cooperating Entity under the Primary Responsible Party Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves the Second Amendment to the Potential Responsible Party Agreement for Gibson Environmental Site Remediation. 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 ,2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: F:\file cabinefiCurrent Reso's\2-13PRPagree.gibson.res.doc City Clerk Gibson Environmental Site, Bakersfield, California January 2002 Interim Allocation Tables January 2002 Interim Allocation Tables 1-4-02 Confidential/Joint Defense Privilege Exhibit A Page 1 of 3 Gibson Environmental Site, Bakersfield, California January 2002 Interim Allocation Tables Liquid Waste Generators That Were Cooperating Entities as of December 31, 2001 Company / Entity Volume (gallons) Percent 1 Chevron U.S.A. 2 Pacific Gas & Electric 3 Texaco, Inc. 4 ARCO Products Co. 5 Union Pacific Railroad Company 6 IT Corporation 7 Union Oil Company of California 8 Clairol, Inc. 9 Rexam, Inc. (American Natl. Can) 10 ExxonMobil 11 Los Angeles MTA (SCRTD) 12 Dowell Schlumberger Inc. 13 Lucas Aviation Inc. 14 Kaiser Aluminum & Chemical Corp. 15 Hercules, Inc. 16 Oscar Erickson Inc. 17 San Francisco Chronicle 18 Pacific Offshore Pipeline Co. 19 CAL TRANS 20 Southern California Gas Company 21 Reynolds Metals Company 22 Shell Oil Co. 23 Delta Tech Service, Inc. 24 Pacific Bell 25 Carlton Forge (Arcturus) 26 AMTRAK (Joint Powers Board) 27 Robertshaw Controls Co. 28 Southern California Edison 29 Ball Metal Beverage Container Gp. 30 Santa Clara VTA 31 Baker Hughes 32 GATX Tank Storage Terminals 33 Riverside Transit Agency Totals 9,073,680 26.014% 4,875,538 13.978% 3,318,697 9.515 % 2,090,066 5.992% 2,001,855 5.739% 1,670,904 4.790% 1,345,618 3.858% 980,416 2.811% 965,695 2.769% 727,871 2.087% 673,318 1.930% 483,147 1.385% 460,953 1.322% 460,665 1.321% 457,322 1.311% 444,116 1.273% 417,263 1.196% 415,059 1.190% 409,329 1.174% 398,565 1.143% 359,928 1.032% 339,341 0.973% 329,536 0.945% 317,894 0.911% 293,340 0.841% 250,906 0.719% 249,108 0.714% 242,547 0.695% 211,623 0.607% 196,922 0.565% 171,403 0.491% 131,638 0.377% 115,648 0.332% 34,879,911 100.000 % Selected Liquid Waste Generators That Were Not Cooperating Entities as of December 31, 2001 Dynegy Power Holdings Corp. 692,885 gallons 1-4-02 Confidential/Joint Defense Privilege Exhibit A Page 2 of 3 Gibson Environmental Site, Bakersfield, California January 2002 Interim Allocation Tables Solid Waste Generators That Were Cooperating Entities as of December 31, 2001 Company / Entity Tonnage Percent 1 CAL TRANS 46,000 17.322% 2 Sears Roebuck and Co. 38,724 14.582% 3 Ultramar, Inc. 36,132 13.606% 4 Pacific Gas & Electric Company 27,018 10.174% 5 Union Oil Company of California 23,638 8.901% 6 Tidelands Oil & Gas Corp. 7,820 2.945% 7 Jefferson Smurfit Corporation 6,036 2.273% 8 City of Los Angeles 5,752 2.166% 9 Los Angeles MTA 4,951 1.864% 10 Arco Products Co. 4,808 1.810% 11 Tuntex Properties (Sunquest) 4,520 1.702% 12 Pacific Bell 4,360 1.642% 13 Owens-Illinois Inc. 3,976 1.497% 14 City of South San Francisco 3,509 1.321% 15 Valley Crest Landscape 3,467 1.306% 16 Chevron U.S.A. 2,919 1.099% 17 Port of Oakland 2,814 1.060% 18 Southern California Edison 2,420 0.911% 19 Ralphs Grocery Store 2,399 0.903% 20 Pilot Chemical Co. 2,237 0.842% 21 East Valley Water District 2,052 0.773% 22 Church of Jesus Christ of Latter Day 2,005 0.755% 23 IASCO 1,972 0.743% 24 Penske Truck Leasing Co., L.P. 1,786 0.673% 25 Mid-State Bank 1,746 0.657% 26 Anderson Clayton (Producers) 1,652 0.622% 27 Dart Container Corp. 1,614 0.608% 28 Coca-Cola Enterprises 1,610 0.606% 29 Pepsi Cola 1,580 0.595% 30 Johnson & Johnson (Neutrogena) 1,561 0.588% 31 Long Beach School District 1,552 0.584% 32 U-Haul Corp. 1,477 0.556% 33 City of Santa Barbara 1,476 0.556% 34 Kraft (Knudsen) 1,444 0.544% 35 ExxonMobil 1,422 0.535% 36 Disneyland 1,419 0.534% 37 City of Monterey 1,413 0.532% 38 The Fresno Bee 1,380 0.520% 39 Greyhound Lines, Inc. 1,329 0.500% 40 Texaco, Inc. 923 0.348% 41 Baker Hughes 652 0.246% Totals 265,565 100.000 % Selected Solid Waste Generators That Were Not Cooperating Entities as of December 31, 2001 Union Station Gateway 34,185 tons VONS Grocery 1,795 tons BNSF 1,466 tons Chemoil Terminals Corp. 1,430 tons 1-4-02 Confidential/Joint Defense Privilege Exhibit A Page 3 of 3 SECOND AMENDMENT TO PRP AGREEMENT FOR THE GIBSON ENVIRONMENTAL SITE IN BAKERSFIELD, CALIFORNIA This Second Amendment to PRP Agreement for the Gibson Environmental Site in Bakersfield, California (the "Second Amendment") is effective as of January 15, 2002 (the "Effective Date"), and is by and among the undersigned parties (the "Cooperating Entities"). DEFINITIONS 1. Unless specifically defined in this Second Amendment, defined terms shall have the same meaning as in the "PRP Agreement for the Gibson Environmental Site in Bakersfield, California," effective as of June 1, 2000 (the "Agreement"). RECITALS 2. In June 2000, certain of the Cooperating Entities signed the Agreement, including Exhibit E thereto, the Joint Defense, Joint Prosecution and Information Sharing Agreement (the "Joint Defense Agreement"). The Agreement and its Exhibits, including the Joint Defense Agreement, are incorporated herein by this reference. 3. Effective June 6, 2001, certain of the Cooperating Entities entered into the "First Amendment to PRP Agreement for the Gibson Environmental Site in Bakersfield, California" (the "First Amendment"). The First Amendment and its Exhibits are incorporated herein by this reference. 4. The Cooperating Entities have been cooperatively performing and financing investigative and remedial work at the Site required by the Order issued by DTSC on November 8, 1999. 5. The Cooperating Entities wish to amend certain provisions of the Agreement and the First Amendment to adjust the Cooperating Entities' interim allocation percentages and to allow for the reimbursement of Cooperating Entities who, based on the new percentages, have paid more than their interim allocated share to date. 6. This Second Amendment is entered into between and among the Cooperating Entities to comply with the Order by facilitating the performance of necessary work at the Site required by the Order in a cooperative and cost-effective manner, and in a manner consistent with the requirements of CERCLA and the National Contingency Plan. 7. Nothing in this Second Amendment is intended as or shall constitute an admission or concession on the part of any of the Cooperating Entities of any liability or wrongdoing of any kind or an admission or concession on the part of the Cooperating Entities concerning the merits or lack of merits of DTSC's or any other party's claims regarding environmental conditions at and around the Site. 1-4-02 Confidential/Joint Defense Privilege Page 1 of 4 AGREEMENT NOW, THEREFORE, based on the above Definitions and Recitals and in consideration of the mutual agreements, covenants, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Cooperating Entities agree and hereby amend the First Amendment and the Agreement as follows: 8. Contract, Exclusive Benefit. The first sentence of Paragraph 38 of the Agreement is amended to state: "The Cooperating Entities agree to be contractually bound by the provisions of the Second Amendment, the First Amendment, the Agreement and the Joint Defense Agreement, and to cooperate to effectuate the purposes of the Second Amendment, the First Amendment, the Agreement and the Joint Defense Agreement." 9. Interim Cost Allocation, Relative Volumetric Shares. Paragraph 45.a. of the Agreement is amended to state: "The interim cost allocations shall be based on the relative volumetric shares of liquid wastes and solid wastes of the Cooperating Entities reported on Exhibit A hereto ("January 2002 Interim Allocation Tables"). The January 2002 Interim Allocation Tables shall supersede the volumetric shares recorded on the May 2001 Interim Allocation Tables, formerly Exhibit A to the First Amendment, and the SAIC Tables, formerly Exhibit D to the Agreement. Every reference in this Agreement to the May 2001 Interim Allocation Tables and the SAIC Tables is hereby amended to refer to the January 2002 Interim Allocation Tables." 10. state: Paragraph 45.i., added to the Agreement by the First Amendment, is amended to "Adjustments to Future Cash Calls Based on Changes to Interim Cost Allocation Percentages. Whenever, for any reason (including, without limitation, changes to interim cost allocation percentages pursuant to Paragraphs 45.c. or 45.h.), it appears that a Cooperating Entity has paid more than its currently-allocated share of the total assessed costs under the Agreement, then that Cooperating Entity (the "Overpaid Entity") shall receive a credit against the next assessment in an amount equal to its overpayment. If the credit exceeds the amount assessed the Overpaid Entity in such next assessment, then the Overpaid Entity shall be reimbursed the exceedance as soon as practicable after sufficient funds have been received as a result of such assessment. Similarly, whenever, it appears that a Cooperating Entity has paid less than its currently-allocated share of the total assessed costs under the Agreement, then that Cooperating Entity shall pay a surcharge in the next assessment in an amount equal to the underpayment." 1-4-02 Confidential/Joint Defense Privilege Page 2 of 4 11. The first sentence of Paragraph 9 of the Agreement is amended to state: "The terms 'Cooperating Entities' and 'Cooperating Entity' shall mean all and each of the entities identified in the January 2002 Interim Allocation Tables as having been Cooperating Entities as of December 31, 2001 who have executed this Second Amendment." 12. Additional Cooperating Entities. The first sentence of Paragraph 45.c. of the Agreement is amended to state: "In the event the Management Committee approves entry by additional entities identified in the January 2002 Interim Allocation Tables as not having been Cooperating Entities as of December 31, 2001, each such additional entity shall pay its interim cost allocation percentage share, as a Liquids Cooperating Entity or Soils Cooperating Entity, or both, as the case may be, calculated as set forth in sub-paragraph b. immediately above, of Common Benefit Past Costs and Site Response Costs and Administrative Costs incurred pursuant this Agreement, plus a surcharge fixed by the Management Committee, in its discretion, at the time of such approval." 13. state: Additional Cooperating Entities. Paragraph 66 of the Agreement is amended to "The Management Committee may approve entry into this Agreement of additional entities as Cooperating Entities on condition that each such additional entity (a) executes the Second Amendment (or, if later amendments have been made, the most recent amendment) and (b) pays its interim cost allocation percentage share of the total assessed costs under the Agreement, plus a surcharge fixed by the Management Committee, in its discretion, at the time of such approval." 1-4-02 Confidential/Joint Defense Privilege Page 3 of 4 IN WITNESS WHEREOF, the Cooperating Entities enter into this Second Amendment. By executing a counterpart of this Second Amendment, each Cooperating Entity is also entering into the First Amendment, the Agreement and the Joint Defense Agreement. Each person signing this Second Amendment represents and warrants that he or she has been duly authorized to enter into this Second Amendment, the First Amendment, the Agreement and the Joint Defense Agreement by the company or entity on whose behalf it is indicated that the person is signing. Dated: Cooperating Entity: Name By: (Signature) (Name) .(Title) Designated Representative for Receipt of Notices and Invoices: Title Address Telephone Number Facsimile Number Email Address 1-4-02 Confidential/Joint Defense Privilege Page 4 of 4 StaffReport DATE: February l3,2002 TO: The Honorable Mayor and City Council FROM: Director of Public Works SUBJECT: SUPPORT FOR PROPOSITION 42 RECOMMENDATION: It is recommended that the City Council adopt a resolution in support of Proposition 42. The resolution would identify the City of South San Francisco as a supporter of Safer Roads and Traffic Relief without higher Taxes along with other organizations including: the California Highway Patrol, California Fire Chiefs Association, California Organization of Police and Sheriffs, California Taxpayers Association, California State Automobile Association - AAA, Structural Engineers Association of California, California Transit Association along with a long list of other public agencies. BACKGROUND/DISCUSSION: Proposition 42 has been placed on the March 5, 2002 Statewide Ballot by the Legislature, following the passage of State Assembly Constitutional Amendment, ACA 4 (Dutra). Proposition 42 is a proposed constitutional amendment that would require existing sales tax revenue from sales of motor vehicle fuel be permanently dedicated for transportation purposes. The funds generated by this source were previously deposited into the State's General fund where they could be spent for non- transportation purposes at the discretion of the Legislature. FUNDING: If Proposition 42 passes, it will generate additional transportation revenues of approximately $1 billion Statewide. This translates to about $90 million annually for the three bay counties: San Francisco, San Mateo and Santa Clara. The three counties, as a whole, would expect to see increased revenues of roughly $40 million annually from the State Transportation Improvement Program (STIP) that could be used for transportation uses including Local Streets and Roads and Public Transit. This programming decision is made by the county congestion management agencies based upon project merits. Staff Report To: The Honorable Mayor and City Council Re: Support for Proposition 42 Date: February 13, 2002 Page: 2 of 2 States sales tax revenues from motor vehicle fuel sales have typically been directed to the State's General Fund. In 2000, the legislature set aside a portion of these revenues for the Traffic Congestion Relief Program (TCRP), which funded transportation capital projects nominated by the Governor. If Proposition 42 passes, all future funds generated by the State sales tax on gasoline will be used for transportation purposes, after the TRCP commitments are funded. The TCRP is expected to draw down its funding commitments by FY2007/08. Under Proposition 42, these revenues would become available for other transportation needs starting in FY2008/09. Proposition 42 requires that gasoline sales tax revenues be divided up based on the existing transportation funding allocation formula. The formula is as follows: Public Transit Account (PTA): State Transportation Improvement Program (STIP): Local Streets & Roads: 20% 40% 40% By: John (~ibbs Director of Public Works Michael A. Wils~on City Manager ATTACHMENTS: Resolution Official Ballot Label For Proposition 42 Assembly Constitutional Amendment No. 4 BH/JG/ed RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE SUPPORT OF PROPOSITION 42 WHEREAS, Proposition 42 will help make our roads safer and reduce traffic without higher taxes by requiring that the gasoline sales taxes we already pay will be used to improve mass transit, highways and local roads; and WHEREAS, Proposition 42 is based on the principle that taxes paid at the gas pump should be used for transportation purposes; and WHEREAS, traffic is paralyzing travel with Los Angeles now ranked the number one most congested urban area in the country, San Francisco/Oakland second, San Diego sixth and Sacramento, San Jose and San Bernardino/Riverside following close behind; and WHEREAS, with our neglected transportation system needing attention, California has the third worst deteriorated roads in the nation and more than 6000 of our bridges and overpasses are structurally deficient or no longer meet highway safety or design standards; and WHEREAS, Proposition 42 will provide a stable and ongoing source of transportation funding that will make it possible to plan for our future transportation needs; and WHEREAS, Proposition 42 will guarantee funds to every city and county to help fix potholes, repair dangerous road conditions and improve the safety of children walking or biking to school; and WHEREAS, Proposition 42 will help speed up highway safety and traffic relief projects, and expand and improve mass transit systems; and WHEREAS, all Proposition 42 projects will be subject to an annual audit and standard accounting practices to ensure they are delivered on time and on budget; and WHEREAS, by speeding up transportation projects thousands of new construction and other jobs will be created, our economy will be stimulated and every dollar invested in our highways will result in almost six times that in economic benefits. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby supports Proposition 42. 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 ,2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: F:\file cabinet~Current Reso'sX2-13proposition42.res.doc ATTEST: City Clerk Official Ballot LaBel for Proposition 42: TRANSPORTATION CONGESTION IMPROVEMENT ACT. ALLOCATION OF EXISTING MOTOR VEHICLE FUEL SALES AND USE TAX REVENUES FOR TRANSPORTATION PURPOSES ONLY. LEGISLATIVE CONSTITUTIONAL AMENDMENT. Requires, effective July 1, 2003, existing revenues resulting from state sales and use taxes on the sale of motor vehicle fuel be used for transportation purposes as provided by law until June 30, 2008. Requires, effective July 1, 2008, existing revenues resulting from state sales and use taxes be used for public transit and mass transportation; city and county street and road repairs and improvements; and state highway improvements. Imposes the requirement for a two-thirds of the Legislature to suspend or modify the percentage allocation of the revenues. Fiscal Impact: Starting in 2008-09, about $1.4 billion in state gasoline sales tax revenues, increasing annually thereafter, would continue to be used for state and local transportation purposes. Proposition 42 Text: Assembly Constitutional.Amendment No. 4--A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by adding Article XIXB thereto, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST ACA 4, Dutra. Transportation funding: sales and use tax revenues. The Sales and Use Tax Law imposes a tax on the gross receipts from the sale in this state of, or the storage, use, or other consumption in this state of, tangible personal property. That law requires revenues derived from those taxes to be deposited in the Retail Sales Tax Fund. Existing law requires the balance of that fund remaining after various specified allocations to be allocated to the General Fund. This measure would, for the 2003-04 fiscal year and each fiscal year thereafter, require all moneys that are collected during the fiscal year under the Sales and Use Tax Law, with respect to the sale or use of motor vehicle fuel, and that are required to be transferred to the General Fund pursuant to that law, to instead be transferred to the Transportation Investment Fund. This measure would, for the 2003-04 to 2007-08 fiscal years, inclusive, require moneys in that fund to be allocated for transportation purposes as provided in a specified statute. This measure would, for the 2008-09 fiscal year and each fiscal year thereafter, require moneys in the fund to be allocated only for transportation purposes specified by this measure, and would specify the allowable percentage amount to be allocated for each specified transportation purpose. This measure would allow the Legislature to suspend or modify these requirements under certain circumstances, if the act so providing is approved by 2/3 of the entire membership of each house of the Legislature. WHEREAS, California's continuing economic prosperity and quality of life depend, in no small part, upon an expansive and efficient transportation system; and WHEREAS, The need to maintain, expand, and improve California's multimodal transportation system increases as California continues to grow; and WHEREAS, Public investment in transportation has failed to keep pace with California's growth, and additional fiscal resources are needed simply to maintain, much less expand, California's transportation system; and WHEREAS, The failure to address California's transportation funding needs will drain economic vitality, compromise public safety, and erode quality of life; and WHEREAS, It is now necessary to address California's transportation problems by providing additional state funding, in a manner that protects existing constitutional guarantees set forth in Section 8 of Article XVI of the California Constitution, for the funding of public education; now, therefore, be it Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2001-02 Regular Session commencing on the fourth day of December ~2000, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California that the Constitution of the State be amended by adding Article XIXB thereto, to read: ARTICLE XIXB MOTOR VEHICLE FUEL SALES TAX REVENUES AND TRANSPORTATION IMPROVEMENT FUNDING SECTION 1. (a) For the 2003-04 fiscal year and each fiscal year thereafter, all moneys that are collected during the fiscal year from taxes under the Sales and Use Tax Law (Part i (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), or any successor to that law, upon the sale, storage, use, or other consumption in this State of motor vehicle fuel, and that are deposited in the General Fund of the State pursuant to that law, shall be transferred to the Transportation Investment Fund, which is hereby created in the State Treasury. (b) (1) For the 2003-04 to 2007-08 fiscal years, inclusive, moneys in the Transportation Investment Fund shall be allocated, upon appropriation by the Legislature, in accordance with Section 7104 of the Revenue and Taxation Code as that section read on the operative date of this article. (2) For the 2008-09 fiscal year and each fiscal year thereafter, moneys in the Transportation Investment Fund shall be allocated solely for the following purposes: (A) Public transit and mass transportation. (B) Transportation capital improvement projects, subject to the laws gowrning the State Transportation Improvement Program, or any successor to that program. (C) Street and highway maintenance, rehabilitation, reconstruction, or storm damage repair conducted by cities, including a city and county. (D) Street and highway maintenance, rehabilitation, reconstruction, or storm damage repair conducted by counties, including a city and county. (c) For the 2008-09 fiscal year and each fiscal year thereafter, moneys in the Transportation Investment Fund shall be allocated, upon appropriation by the Legislature, as follows: (A) Twenty percent of the moneys for the purposes set forth in subparagraph (A) of paragraph (2) of subdivision (b). (B) Forty percent of the moneys for the purposes set forth in subparagraph (B) of paragraph (2) of subdivision (b). (C) Twenty percent of the moneys for the purposes set forth in subparagraph (C) of paragraph (2) of subdivision (b). (D) Twenty percent of the moneys for the purpose set forth in subparagraph (D) of paragraph (2) of subdivision (b). (d) The transfer of revenues from the General Fund of the State to the Transportation Investment Fund pursuant to subdivision (a) may be suspended, in whole or in part, for a fiscal year if both of the following conditions are met: (1) The Governor has issued a proclamation that declares that the transfer of revenues pursuant to subdivision (a) will result in a significant negative fiscal impact on the range of functions of government funded by the General Fund of the State. (2) Th~ Legislature enacts by statute, pursuant to a bill passed in each house of the Legislature by rollcall vote entered in the journal, two-thirds of the membership concurring, a suspension for that fiscal year of the transfer of revenues pursuant to subdivision (a) provided that the bill does not contain any other unrelated provision. (e) The Legislature may,enact a statute that modifies the percentage shares set forth in subdivision (c) by a bill passed in each house of the Legislature by rollcall vote entered in the journal, two-thirds of the membership concurring, provided that the bill does not contain any other unrelated provision and that the moneys described in subdivision (a) are expended solely for the purposes set forth in paragraph (2) of subdivision (b). Assembly Constitutional Amendment No. 4 RESOLUTION CHAPTER 87 Assembly Constitutional Amendment No. 4 A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by adding Article XIX B thereto, relating to transportation. [Filed with Secretary of State July 26, 2001 .] LEGISLATIVE COUNSEL'S DIGEST ACA 4, Dutra. Transportation funding: sales and use tax revenues. The Sales and Use Tax Law imposes a tax on the gross receipts from the sale in this state of, or the storage, use, or other consumption in this state of, tangible personal property. That law requires revenues derived from those taxes to be deposited in the Retail Sales Tax Fund. Existing law requires the balance of that fund remaining after various specified allocations to be allocated to the General Fund. ... This measure would, for the 2003-04 fiscal year and each fiscal year thereafter, require all moneys that are oollected during the fiscal year under the Sales and Use Tax Law, with respect to the sale or use of motor vehicle fuel, and that are required to be transferred to the General Fund pursuant to that law, to instead be transferred to the Transportation Investment Fund. This measure would, for the 2003-04 to 2007-08 fiscal years, inclusive, require moneys in that fund to be allocated for transportation purposes as provided in a specified statute. This measure would, for the 2008-09 fiscal year and each fiscal year thereafter, require moneys in the fund to be allocated only for transportation purposes specified by this measure, and would specify the allowable percentage amount to be allocated for each specified transportation purpose. This measure would allow the Legislature to suspend or modify these requirements under certain circumstances, if the act so providing is approved by 2/3 of the entire membership of each house of the Legislature. WHEREAS, California's continuing economic prosperity and quality of life depend, in no small part, upon an expansive and efficient transportation system; and WHEREAS, The need to maintain, expand, and improve California's multimodal transportation system increases as California continues to grow; and 94 Res. Ch. 87 2 WHEREAS, Public investment in transportation has failed to keep pace with California's growth, and additional fiscal resources are needed simply to maintain, much less expand, California's transportation system; and WHEREAS, The failure to address California's transportation funding needs will drain economic vitality, compromise public safety, and erode quality of life; and WHEREAS, It is now necessary to address California's transportation problems by providing additional state funding, in a manner that protects existing constitutional guarantees set forth in Section 8 of Article XVI of the California Constitution, for the funding of public education; now, therefore, be it Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2001-02 Regular Session commencing on the fourth day of December 2000, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California that the Constitution of the State be amended by adding Article XIX B thereto, to read: ARTICLE XIX B MOTOR VEHICLE FUEL SALES TAX REVENUES AND TRANSPORTATION IMPROVEMENT FUNDING SECTION 1. (a) For the 2003-04 fiscal year and each fiscal year thereafter, all moneys that are collected during the fiscal year from taxes under the Sales and Use Tax Law (Part 1 (commencing with Section 6001 ) of Division 2 of the Revenue and Taxation Code), or any successor to that law, upon the sale, storage, use, or other consumption in this State of motor vehicle fuel, and that are deposited in the General Fund of the State pursuant to that law, shall be transferred to the Transportation Investment Fund, which is hereby created in the State Treasury. (b) (I) For the 2003-04 to 2007-08 fiscal years, inclusive, moneys in the Transportation Investment Fund shall be allocated, upon appropriation by the Legislature, in accordance with Section 7104 of the Revenue and Taxation Code as that section read on the operative date of this article. (2) For the 2008-09 fiscal year and each fiscal year thereafter, moneys in the Transportation Investment Fund shall be allocated solely for the following purposes: (A) Public transit and mass transportation. 94 3 Res. Ch. 87 (B) Transportation capital improvement projects, subject to the laws governing the State Transportation Improvement Program, or any successor to that program. (C) Street and highway maintenance, rehabilitation, reconstruction, or storm damage repair conducted by cities, including a city and county. (D) Street and highway maintenance, rehabilitation, reconstruction, or storm damage repair conducted by counties, including a city and county. (c) For the 2008-09 fiscal year and each fiscal year thereafter, moneys in the Transportation Investment Fund shall be allocated, upon appropriation by the Legislature, as follows: (A) Twenty percent of the moneys for the purposes set' forth in subparagraph (A) of paragraph (2) of subdivision (b). (B) Forty percent of the moneys for the purposes set forth in subparagraph (B) of paragraph (2) of subdivision (b). (C) Twenty percent of the moneys for the purposes set forth in subparagraph (C) of paragraph (2) of subdivision (b). (D) Twenty percent of the moneys for the purpose set forth in subparagraph (D) of paragraph (2) of subdivision (b). (d) The transfer of revenues from the General Fund of the ~tate to the Transportation Investment Fund pursuant to subdivision (a) may be suspended, in whole or in part, for a fiscal year if both of the following conditions are met: (1) The Governor has issued a proclamation that declares that the transfer of revenues pursuant to subdivision (a) will result in a significant negative fiscal impact on the range of functions of government funded by the General Fund of the State. (2) The Legislature enacts by statute, pursuant to a bill passed in each house of the Legislature by rollcall vote entered in the journal, two-thirds of the membership concurring, a suspension for that fiscal year of the transfer of revenues pursuant to subdivision (a), provided that the bill does not contain any other unrelated provision. (e) The Legislature may enact a statute that modifies the percentage shares set forth in subdivision (c) by a bill passed in each house of the Legislature by rollcall vote entered in the journal, two-thirds of the membership concurring, provided that the bill does not contain any other unrelated provision and that the moneys described in subdivision (a) are expended solely for the purposes set forth in paragraph (2) of subdivision (b). O 94 DATE: TO: FROM: SUBJECT: February 13, 2002 Honorable Mayor and City Council City Clerk APPOINTMENTS TO PERSONNEL BOARD AND HISTORIC PRESERVATION COMMISSION RECOMMENDATION It is recommended that following the ballot process, Council, by motion, appoint a candidate to the Personnel Board and, if applicable, a candidate to the Historic Preservation Commission. BACKGROUND Personnel Board: Earlier tonight, Council appointed Eloise Kee to Member Emeritus of the Personnel Board, thereby creating a vacancy on the Personnel Board. On January 9, 2002 Council conducted interviews for the Personnel Board and three applicants still remain interested in serving: Ms. Rhonda Ceccato, Ms. Jeanette Acosta and Mr. Frank Roman. Copies of their applications are attached. If Council concurs, it is recommended that Council vote by ballot to fill this vacancy. The term under consideration expires on December 31,2002, and is not a full term. Historic Preservation Commission: Mr. Charles Elliot has officially resigned from the Historic Preservation Commission as a result of being appointed to the Personnel Board on January 9, 2002, thus creating a vacancy on the Historic Preservation Commission. There is currently one applicant: Ms. Jeanette Acosta. If Council moves forward with an appointment at this time, a ballot is not necessary, unless Council so desires. The term under consideration expires on December 31, 2002, and is not a full term. City Manager Attachment: Applications Staff Re DATE: TO: FROM: SUBJECT: February 13, 2002 The Honorable Mayor and City Council Director of Finance 2001-02 Midyear Financial Report RECOMMENDATION: It is recommended that the City Council review and approve staff's budget contingency plan to deal with this year's revenue shortfall. BACKGROUND AND DISCUSSION: In October 2001, staff reported to Council that the current economic downturn would likely result in a $2.4 million decline in General Fund revenues, compared to the adopted budget for 2001-02. Staff also reported that a contingency plan was being developed to deal with that revenue decline. That contingency plan was to consist of operating and capital budget savings. Since October, the City Manager and Finance Director have held numerous meetings with department heads to fully develop a contingency plan. Staff has also conferred with the Conference Center Director and the San Mateo County Convention and Visitors Bureau Director regarding trends in the travel industry. Finally, staff has continued to monitor economic reports and revenue data. Since October three additional months of Transient Occupancy Tax (TOT) data has become available. A more definitive view of the current budget can now be presented to Council, as well as a concrete budget contingency plan. Summary Of Economic Condition The local, State, and national economies are now in an economic downturn, and have been since spring 2001. The Bay Area economy has been particularly hard hit due to declining high tech exports, business investment in high technology, and also due to the over-investment in dot corn industries and the subsequent collapse of those companies. Most economists continue to City Council 2001-02 Midyear Financial Report February 13, 2002 Page 2 of 6 speculate that the current downturn will be relatively short lived, and that this recession is expected to be much milder than the one from the early 1990's. A survey of 55 econ6mists in the Wall Street Journal in early January resulted in an average growth rate projected for the American economy of 2.6 % for calendar year 2002. Many expect the recovery to spread more slowly to the Bay Area, perhaps taking until the last quarter of calendar 2002 to occur. Economists and hotel industry representatives expect that when the turnaround occurs in late 2002, the hotel industry will not return to the historically high occupancy rates we saw in 1999 and 2000. That is to say, while a recovery is likely in the last part of 2002, we are unlikely to see the level of revenue growth experienced in the late 1990's. This suggests several years of modest annual budget increases, with the opportunity for few new operating budget programs. General Fund Revenues Consistent with staff's report to Council in October, staff is now projecting General Fund revenues to come in $3.0 million lower than the adopted budget which was approved in June 2001. Sales Tax appears to be holding to what staff reported earlier, that is, a $1.1 million reduction compared to the adopted budget. Key factors affecting sales tax include: · A 7 % decline in auto sales for the second half of the year is projected, compared to last year, consistent with what industry analysts are expecting; A 5 % decline in sales related to the construction industry for the second half of the year, as building construction slows down; · A 5 % decline in general retail sales for the second half of the year. Based on discussions with representatives from the travel industry, staff now believes TOT revenues will be slower to recover than was previously estimated in October. Staff is now projecting a reduction of $2.3 million in TOT revenue compared to budget. October and November occupancy remained down, and the hotel industry is not expecting occupancy to climb much above 50-55% for the first half of 2002. City Council 2001-02 Midyear Financial Report February 13, 2002 Page 3 of 6 Data on year to date TOT is below, compared with the prior year. Occupancy Average Room Rates (%) Rate ($) July 2000 88 % $117 July 2001 70.9 % $ 95 August 2000 84 % $119 August 2001 79 % $ 98 September 2000 85 % $114 September 2001 55 % $ 88 October 2000 85 % $115 October 2001 55 % $ 87 November 2000 72 % $109 November 2001 48% $ 83 (December data was not complete by the time this report was written.) Budget Contingency Plan In order to meet the projected $3.0 million revenue shortfall this budget year, staff has put together a budget contingency plan. It consists of three parts. First, staff will close or reduce funding for less critical capital projects. That will result in a savings of $1.4 million. Second, department heads have agreed to trim their expenses this year in areas such as travel, supplies, and deferral of capital outlay (minor equipment) purchases. That will result in at least another $700,000 in savings. (With typical year-end budget savings, it is probable that departments will return at least $900,000 in savings at year-end.) Third, the remaining $.7 million will come out of the General Fund Undesignated Reserve. That reserve should still end the year with a balance of $3.0 million. Use of the Undesignated Reserve to help balance the budget during a short time of economic downturn is prudent, and is one important reason why we strive to fund General Fund Reserves during years of economic growth. A more complete discussion of Reserves is included in Attachment A. City Council 2001-02 Midyear Financial Report February 13, 2002 Page 4 of 6 A summary of recommended capital and operating budget reductions is contained below. Capital Improvement Program (CIP) Budget Savings: $1.4 million Staff has identified $1.4 million in projects that can either be closed, have funding reduced, or shift funding to non-General Fund revenue sources, thereby saving the General Fund dollars. Highlights include: Reduce the budget for the Hilton Hotel Site Remediation Project, leaving a balance of $100,000 for future contingencies, resulting in savings of: Staff is pursuing development options for this site that would include developer pay for the required methane gas piping. $610,000 having the Close out several projects: $94,000 Includes: Sidewalk Replacement, Terrabay Emergency Transfer Switch, and Emergency Generator Replacement 3. Close out several projects which are substantially completed, but which have budgets remaining: $233,000 4. Shift funding for several projects from General Fund to other Funds/revenue sources: $217,000 5. Lease finance the new Finance/Human Resources Software System, and therefore spread costs over approximately 7 years: * $260,000 * Staff will return to the City Council shortly with a Resolution of Intent to Issue Debt, which will allow for the reimbursement of funds spent up front through lease financing at a later time. Operating Budget Savings:. $.7 million Department savings are of three types. First, some departments had salary savings from vacant positions they agreed to hold open. The Police Department will not hire its new Parking Enforcement Officer position this year, also allowing some one-time savings for related equipment. Second, most departments have agreed to tighten their discretionary purchases and realize savings through general belt tightening measures. Items in this category include reduced training, conferences, and supply purchases. Third, Parks and Police have agreed to defer City Council 2001-02 Midyear Financial Report February 13, 2002 Page 5 of 6 purchase of capital outlay items--Parks, of a new key system, and Police, for a new automated fingerprint checking system. Those items will have to be re-budgeted in future years as funds become available. , Redevelopment Funds For Council's information, Tables III-VII attached to this report contain financial summaries of the four redevelopment project areas, and the Low/Moderate Housing Fund, which is funded by a 20% set aside of tax increment from each of the project areas. Most of the fund balances in the Gateway, Downtown, and Low/Moderate Housing Funds reflect unspent bond proceeds. Significant growth in tax increment is being realized in all project areas, reflecting higher assessed valuations as properties are developed sold and redeveloped. In addition, City staff has acquired the use of MBIA Muni Financial Services over the years to audit sales tax revenues received and work to correct any misallocations. This past year, staff expanded MBIA's services to include auditing County property tax records. Preliminary information indicates that MBIA has found about $500,000 in property tax increment that the County should have been paying to the RDA areas (primarily Gateway and Downtown), that were being miscoded and misallocated to other taxing agencies. That amount includes a correction for the current fiscal year, plus, in many cases, similar corrections for the prior three fiscal years. Most of MBIA's findings are in the Gateway and Downtown project areas. Therefore, the large increase in E1 Camino reflects actual assessed valuation growth. As part of the services MBIA provides, the City has to pay MBIA 25% of new revenue they find for a period of 3 years. After they complete their audits and the City receives confirmation from the County that the findings have been approved, staff will return to the Council with a budget amendment to increase RDA property tax increment revenue, and increase reimbursement expenses to pay MBIA for their findings. CONCLUSION: Information in this report is staff's best estimate of year-end results at this point in time. Staff will continue to monitor revenues closely, and will return with a budget amendment to formally adjust revenues and expenditures towards the end of the fiscal year, after more revenue data has come in. Staff will also be returning to Council shortly with a Resolution of Intent to Issue Debt, to allow the City to lease finance the Finance/Human Resources software system, thereby spreading the costs out over approximately 7 years. Staff will also return to Council later this City Council 2001-02 Midyear Financial Report February 13, 2002 Page 6 of 6 fiscal year to adjust the RDA budgets to increase revenue and expenses to pay MBIA for extra tax increment they have found due to County miscoding errors. , By: Jim,Steele Director of Finance Approved: Michael A. Wilson City Manager Attachments: Table I Table II Attachment A Tables III-VII General Fund General Fund Reserves General Fund Reserves Narrative Redevelopment Funds Projected Midyear General Fund Operating Budget, 2001-02 Table I Revenues and Other Financin~ Sources: Property Taxes Sales Tax Transient Occupancy Tax Motor Vehicle In Lieu Fees Other Revenue from Other Agencies Franchise Fees Business License Building Permits Charges for Services Fines Interest Rent Administrative Charges Other Transfers In Total Revenues: Prior Year Carryovers Total Financing Sources Expenditures: Administration Economic & Comm. Dev. Fire Library Police Parks, Rec & Maint. Svcs. Public Works tCuDtotal, uperating Budget Expenditures: Net Operating Budget Impact: Adopted Amended Midyear Year End 2001-02 2001-02 2001-02 2000-01 Budget Budget Projected ,Change 7,390,446 9,094,620 9,094,620 9,200,000 105,380 13,793,074 14,497,569 14,497,569 13,450,000 -1,047,569 6,057,060 6,755,000 6,755,000 4,400,000 -2,355,000 3,287,214 3,272,727 3,272,727 3,400,000 127,273 1,863,995 1,201,510 1,389,963 1,389,963 188,453 1,682,028 1,778,898 1,778,898 1,778,898 0 1,056,662 1,687,200 1,687,200 1,445,200 -242,000 2,362,459 1,820,000 1,820,000 2,126,213 306,213 4,312,183 3,859,607 3,877,607 3,834,607 -25,000 932,545 914,200 914,200 914,200 0 881,095 1,000,000 1,000,000 1,000,000 0 1,002,188 1,255,300 1,255,300 1,255,300 0 1,472,695 1,605,071 1,605,071 1,605,071 0 1,963,871 420,480 420,480 381,300 -39,180 1,479,098 676,416 676,416 676,416 0 $49,536,613 $49,838,598 $50,045,051 $46,857,168 -$2,981,430 $49,536,613 $49,838,598 $1,343,067 $1,343,067 $51,388,118 $48,200,235 5,312,986 5,972,505 6,209,074 6,067,374 -141,700 1,978,026 2,117,472 2,426,374 2,367,374 -59,000 11,845,565 12,952,959 12,884,689 12,831,689 -53,000 3,480,492 3,454,959 3,747,195 3,691,745 -55,450 11,842,894 12,199,254 12,249,314 12,174,064 -75,250 10,388,107 11,045,390 11,127,061 10,829,361 -297,700 1,133,467 1,256,951 1,401,802 1,366,802 -35,000 $45,981,537 $48,999,490 $50,045,509 $49,328,409 -$717,100 $3,555,076 $839,108 $1,342,609 -$1,128,174 Table II Total General Fund Operating and Capital Budget, and Changes to General Fund Reserves: Current 2000-01 Adopted Amended Year End Budget Budget Actual 2001-02 2001-02 Net Operating Budget (from Table I): Less Transfers: Capital Projects Debt Service $3,555,076_ $839,108 -$1,521,282 -$1,070,500 -$212~000 Midyear Projected 2001-02 $1,342,609 -$1 ~128,174 -$3,530,638 -$2,089,530 -$212,000 -$212,000 Net Impact on General Fund Reserves: $2~033,794. -$443~392 -$2,400,029 -$3,429~704. General Fund Reserves Projection: Discretionary Reserves/ Reserves Available: Current 2000-01 Adopted Amended Midyear Year End Budget Budget Projected Actual 2001-02 2001-02 2001-02 Emergencies and Contingencies $4,100.000 $4,000,000 $4,100,000 $4,300,000 Undesignated Reserve $3,258,974 $3,434,724 $4,192,820 $2,963,145 Subtotal, Discretionary Reserves: $7,358,974 $7,434,724 $8,292,820 $7,263,145 I1. Non-Discretionary Reserves/ Reserves Already Committed: Encumbrances Advances to Other Funds nventory, Prepaid Expen. and Loans :eivable ~propriated Capital Projects Subtotal: Non Discretionary $1,343,067 $0 $0 $5,501,973 $6,036,110 $5,850,000 $5,850,000 $98,297 $3,000 $98,297 $98,297 $2,338,834 $0 $0 $0 $9,282,171 $6,039,110 $5,948,297 $5,948,297 $16,641,146 $13,473,834 $14,241,117 $13,211,442 'otal General Fund Reserves: Attachment A General Fund Reserves: Discretionary General Fund Reserves should be targeted at between 15-20% of the General Fund budget. In recession years, it is appropriate to use those reserves to augment the budget and avoid service level reductions. In years of revenue growth, it is appropriate to set funds aside so that reserves grow and can be tapped in lean times. Total General Fund Discretionary Reserves (the Undesignated Reserve and the Reserve for Emergencies and Contingencies) should end the year with balances of $7.3 million, or about 15% of the General Fund budget. This is ~ prudent reserve balance, particularly given we are in an economic downturn. Projected year-end reserve balances and a description of them are discussed below. Reserves are categorized here as discretionary vs. non-discretionary. Discretionary means that the reserve is available for Council appropriation or for saving for future capital projects or for other purposes. Non-discretionary reserves are for funds already committed, and therefore not available for appropriation or saving for future use. I. Reserves that are discretionary are estimated to total $7.3 million at year-end: Reserve for Emergencies, Economic Contingencies, & Working Capital $4.3 million This reserve is set at approximately 10% of the operating budget by Council policy, and would only be used in the event of a major emergency, a major financial loss, or to fund a large legal settlement. Undesignated Reserve: $3.0 million This is the most liquid of all General Fund Reserves. Once a base level reserve for emergency purposes is set up and maintained, additional net income at year-end flows to this reserve. It can be used as either a savings policy for future capital investment, can be used during the year to cover new budget needs, or a combination of new needs and savings. Midyear budget adjustments are funded from this Reserve. Note that this reserve is often thought of in other cities as a reserve for future capital improvements. A minimum reserve level of between 5-10% of the General Fund budget would seem an appropriate reserve target level. II. Reserves that are non-discretionary, or already committed, are projected to total $6.0 million at year-end. Advances to Other Funds: $5.9 million This reserve does not reflect available funds, but rather outstanding loans owed to the General Fund. Because the General Fund has an ongoing source of revenues, it is often turned to by other City funds in Reserved for Inventory: need of short to medium term "loans," if you will, or for "start up" funding. Most of the balance in this fund is due to prior advances made for capital work in the Shearwater Redevelopment area, primarily Oyster Point widening costs. $0.1 million This reserve reflects supply items purchased, but not yet charged to departments at year-end. Reserved for Encumbrances: Appropriated Capital Projects: This reserve reflects the total of operating budget purchase orders outstanding at the end of one fiscal year that are then carried forward to the next fiscal year. By reserving for them, they are funded for in the fiscal year in which the commitment is made, and not out of current revenues. To be conservative, this report assumes all purchase orders will be spent this year, meaning no encumbrances would be carried forward to next year. To the extent there are carry forwards into next year, department operating budget savings will offset the encumbrances carried forward, meaning there will be no net impact on the General Fund Undesignated Reserve from what is projected in this report. This reserve reflects the total appropriation for prior years' capital projects that are the obligation of the General Fund at fiscal year end. As in the Reserve for Encumbrances, by reserving for them at year- end, they are in effect funded in the year in which the appropriation is made, not out of current year revenues. Also as in the Reserve for Encumbrances, to be conservative, this report assumes all capital projects will be spent this year, meaning no balances would be carried forward to next year. To the extent there are unspent capital projects carried forward into next year, budget savings in the "Transfers to Capital Projects" at the Top of Table II will offset the carry forward balances, meaning there will be no net impact on the General Fund Undesignated from what is projected in this report. Table III GATEWAY PROJECT AREA (52) Summary of Revenues, Expenditures, and Changes in Fund Balance REVENUES Gross Tax Increment Interest Misc. Revenue Total Revenues Adopted Amended Projected Actual Budget Actual Adopted Budget Year End 1999-00 2000-01 2000-01 2001-02 2001-02 2001-02 2,625,544 3,375,000 3,812,138 4,338,496 4,338,496 701,093 701,093 712,713 600,000 600,000 7,000 396,389 7,000 7,000 3,326,637 4,083,093 4,921,240 4,945,496 4,945,496 4,926,926 600,000 7,000 5,533,926 EXPENDITURES Program Expenditures Transfers Out - Debt Service Transfers Out - Low Mod Housing Transfers Out - CIP Bond Retirement Account Total Expenditures Excess of Revenues over Expenditures 75,705 1,224,081 76,769 188,108 188,108 188,108 1,286,350 1,429,933 1,429,933 1,724,675 1,724,675 1,724,675 525,109 675,000 762,428 867,699 867,699 985,385 2,169,000 - 2,830,000 2,830,000 2,830,000 2,165,014 3,868,640 4,339,384 4,056,164 3,329,014 2,269,130 7,775,496 9,479,122 10,067,552 (729,527) 754,079 2,652,110 (2,830,000) * (4,533,626) (4,533,626) Fund Balance, End of Year 15,714,126 18,366,236 13,832,610 13,832,610 Bond Funds, End of Year 9,754,194 10,446,227 8,190,769 8,190,769 All Other Reserved Funds Unreserved / Undesignated Fund Balance, End of Year 5,519,413 5,689,789 440,519 2,230,220 5,641,841 5,641,841 (o,) (0) * For the Gateway Project Area, the excess of expenditures over revenues reflects a draw-down on the 1999 Gateway RDA Bond proceeds. Table IV SHEARWATER PROJECT AREA (53) Summary of Revenues, Expenditures, and Changes in Fund Balance REVENUES Gross Tax Increment Interest & Misc. Revenue Total Revenues Adopted Amended Projected Actual Budget Actual Adopted Budget Year End 1999-00 2000-01 2000-01 2001-02 2001-02 2001-02 428,456 562,500 817,415 991,205 6,022 26,051 991,205 1,019,035 434,478 562,500 843,466 991,205 991,205 1,019,035 EXPENDITURES Program Expenditures Transfers Out - Low Mod Housing Transfers Out - CIP Advance Repayment / Interest 161,177 187,086 178,614 204,487 204,487 204,487 85,691 112,500 163,483 198,241 198,241 203,807 1,528,706 63,193 100,000 346,758 300,000 300,000 300,000 Total Expenditures 1,838,767 399,586 688,855 702,728 702,728 708,294 Excess of Revenues over Expenditures (1,404,289) 162,914 154,611 288,477 288,477 310,741 Fund Balance, End of Year (3,501,973) (3,347,362) (3,058,885) (3,036,621) All Reserved Funds Unreserved / Undesignated Fund Balance, End of Year 4,427 1,695 (3,506,400) (3,349,057) 1,695 1,695 (3,060,580) (3,038,316) Note: Shearwater has begun to generate a net surplus and can begin to pay back the General Fund for the advances made over the last several years. Table V DOWNTOWN / CENTRAL PROJECT AREA (54) Summary of Revenues, Expenditures and Changes in Fund Balance REVENUES Gross Tax Increment Interest Misc. Revenue / Rent HUD Loan Proceeds Proceeds from Land Sale Reduction for Genentech Appeal Realization of Britannia Payment Total Revenues Adopted Amended Actual Budget Actual Adopted Budget 1999-00 2000-01 2000-01 2001-02 2001-02 2,757,774 3,500,000 3,325,599 4,077,290 431,774 150,000 348,121 100,000 108,921 90,000 442,946 181,300 500,000 750,000 635,000 2,000,000 (1,463,006)(1) 4,077,290 457,513 181,300 (100,000) 4,550,819 Projected Year End 2001-02 6,748,414 457,513 181,300 (100,000) 4,550,819 3,798,469 3,740,000 4,038,659 6,358,590 9,166,922 11,838,046 EXPENDITURES Program Expenditures Transfers Out - Debt Service Transfers Out - Low Mod Housing Transfers Out o ClP Pass Through Agreements Land Purchase Reserved for Property Tax Appeal Advance Repayment / Interest Total Expenditures Excess of Revenues over Expenditures 2,155,508 3,189,599 777,105 873,592 551,555 700,000 954,378 50,000 1,505,232 2,460,119 2,460,119 2,460,119 751,285 873,020 873,020 873,020 665,120 815,458 815,458 1,349,683 1,151,053 3,025,000 3,918,935 3,918,935 271,901 297,612 297,612 323,837 6,466,902 (3) 2,300,000 1,000,000 1,000,000 4,438,546 4,813,191 10,811,493 9,771,209 9,365,144 9,925,594 (640,077) (1,073,191) (6,772,834) (2) (3,412,619) (198,222) 1,912,452 Fund Balance, End of Year 9,069,407 2,296,573 2,098,351 4,209,025 Bond Funds, End of Year 7,111,698 6,500,230 1,963,808 1,963,808 All Other Reserved Funds Unreserved / Undesignated Fund Balance, End of Year 3,164,418 1,880,846 (1,206,709) (6,084,503) 1,880,846 1,880,846 (1,746,303) 364,372 Notes for Downtown: (1) One time reduction for Genentech appeal. (2) For the Downtown Project Area, the excess of expenditures over revenues reflects a draw-down on the 1997 Downtown RDA Bond proceeds. (3) Actual expenditures include land acquisition purchases that Britannia had paid for, but which the City owned title as of 6/30/00. Land Acquired: Paid by Britannia 212 Baden (Giorgi) 124 Linden (Parking Lot 9 B) 201 Grand Ave (Copa Cabana) Total $4,550,819 942,083 410,000 564,00O $6,466,902 Table VI EL CAMINO CORRIDOR PROJECT AREA (55) Summary of Revenues, Expenditures, and Changes in Fund Balance REVENUES Gross Tax Increment Interest & Misc Revenue Adopted Amended Projected Actual Budget Actual Adopted Budget Year End 1999-00 2000-01 2000-01 2001-02 2001-02 2001-02 301,036 375,000 666,817 789,307 789,307 1,954 2,000 2,561 1,409,024 Total Revenues 302,990 377,000 669,378 789,307 789,307 1,409,024 EXPENDITURES Program Expenditures Transfers Out - Low Mod Housing Transfers Out - CIP Pass Through Agreements Advance Repayment / Interest Total Expenditures Excess of Revenues over Expenditures 305,889 428,610 113,634 341,734 341,734 60,207 75,000 157,861 157,861 22,474 200,000 42,219 15,000 296,324 292,989 295,000 295,000 31,720 50,000 84,105 420,290 753,610 532,947 809,595 1,090,919 (117,300) (376,610) 136,431 (20,288) (301,612) (4) 341,734 281,805 296,324 328,172 1,248,035 160,989 Fund Balance, End of Year (1,099,285) (962,854) (1,264,466) (801,865) All Reserved Funds Unreserved / Undesignated Fund Balance, End of Year 51,862 807,642 807,642 11,151,147) {1,770,496) (2,072,108) 807,642 ,609,507) Table VII LOW & MODERATE HOUSING (56) Summary of Revenues, Expenditures, and Changes in Fund Balance REVENUES Transfers In - 20% Housing Interest Misc. Revenue / Rent Total Revenues Adopted Amended Projected Actual Budget Actual Adopted Budget Year End 1999-00 2000-01 2000-01 2001-02 2001-02 2001-02 1,222,562 1,562,500 1,391,983 2,039,259 2,039,259 2,820,680 394,588 200,000 561,467 350,000 350,000 350,000 393,100 70,000 298,792 70,000 70,000 70,000 2,010,250 1,832,500 2,252,242 2,459,259 2,459,259 3,240,680 EXPENDITURES Program Expenditures Transfers Out - Debt Service Land Purchase Total Expenditures Excess of Revenues over Expenditures 269,801 2,431,351 1,501 867,473 1,716,127 1,716,127 164,550 293,788 587,016 294,179 294,179 294,179 133,576 2,700,000 434,351 2,725,139 722,093 3,861,652 2,010,306 2,010,306 1,575,899 (892,639) 1,530,149 (1,402,393) 448,953 1,230,374 Fund Balance, End of Year 12,455,887 13,986,036 14,434,989 15,216,410 Bond Funds, End of Year Less: Loan Commitments to Bridge / Mid Peninsula Loans Receivable All Other Reserved Funds Unreserved / Undesignated Fund Balance, End of Year 3,389,335 101,114 101,114 101,114 3,389,335 5,241,445 4,299,667 4,299,667 110,665 4,277,726 6,977,726 6,977,726 3,412,382 274,457 282,691 282,691 2,154,170 4,091,294 2,773,791 3,555,212