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Home My WebLink About2002-08-14 e-packetSPECIAL 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 AUGUST 14, 2002 6:30 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 14th day of August, 2002, at 6:30 p.m., in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Call to Order 2. Roll Call 3. Public Comments - comments are limited to items on the Special Meeting Agenda 4. Closed Session: Pursuant to Government Code Section 54957.6, conference with Labor Negotiator Bower on Public Safety Managers and AFSCME negotiations and anticipated litigation pursuant to Government Code Section 54956.9(c), initiation of litigation - one case 5. Adjournment /s/Linda Patrick for City Clerk AGENDA REDEVELOPMENT AGENCY CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM AUGUST 14, 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 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 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 EQUIPMENT IS AVAILABLE FOR USE BY THE HEARING-IMPAIRED AT REDEVELOPMENT AGENCY MEETINGS CALL TO ORDER ROLL CALL AGENDA REVIEW PUBLIC COMMENTS CONSENT CALENDAR 1. Motion to approve the minutes of the July 24, 2002 regular meeting 2. Motion to confirm expense claims of August 14, 2002 3. Motion to cancel the regular meeting of August 28, 2002 4. Resolution approving Purchase and Sale Agreements for property located at 338 - 339 Railroad Avenue and 340 - 340A Railroad Avenue/341 - 341A 1st Lane CLOSED SESSION 5. Pursuant to Government Code Section 54956.8, real property negotiations related to 26 South Linden Avenue (tentative) ADJOURNMENT REGULAR REDEVELOPMENT AGENCY MEETING AUGUST 14, 2002 AGENDA PAGE 2 3. Motion to cancel regular meeting of August 28, 2002 { Staff Report Date: To: From: Subject: August 14, 2002 Honorable Chairperson and Boardmembers Steven T. Mattas, City Attorney Approval of Purchase and Sale Agreements for 338-339 Railroad Avenue And 340-340A Railroad Avenue/341-341A First Lane Properties Recommendation: It is recommended that the Redevelopment Agency approve the attached resolution related to the Purchase and Sale Agreements for the two multi-family residential properties located at 338-339 Railroad Avenue and 340-340A Railroad Avenue/341-341A First Lane. Discussion: Pursuant to Redevelopment Agency direction, staff has negotiated Purchase and Sale Agreements for the two multi-family residential properties listed above. Under the terms of the agreements, the Agency will purchase these two properties which contain a total of six residential units. The purchase price for the property located at 338-339 Commercial is $530,000, the amount of the appraisal obtained previously by the Agency. The purchase price for the property at 340-340A Railroad/341- 341A First Lane is $740,000 which is approximately nine percent above the appraised value but within the authority previously provided by the Agency. Upon acquisition by the Agency, the units will be maintained and operated as affordable housing units. The attached resolution authorizes the Executive Director to sign the Purchase and Sale Agreements and the Certificates of Acceptance for the property. Steven T. Mattas, City Attorney Michael A. Wilson, ~ity Manager RESOLUTION NO. __ REDEVELOPMENT AGENCY OF SOUTH SAN FRANCISCO, STATE OF CALIFORINA A RESOLUTION APPROVING THE PURCHASE AND SALE AGREEMENTS BETWEEN THE REDEVELOPMENT AGENCY AND JOHN PETROFF, MARGIE PETROFF AND BERTHA IsKRA WHEREAS, the Redevelopment Agency desires to purchase two properties located along Railroad Avenue in South San Francisco, being more particularly described as the parcel located at 340-340(A) Railroad Avenue and 341-341A 1st Lane (APN No. 012-333- 260) and the parcel located at 338-339 Railroad Avenue (APN No. 012-333-250); and WHEREAS, John Petroff, Margie Petroff and Bertha Iskra, as owners of the above described properties desire to sell the two properties to the Redevelopment Agency; NOW, THEREFORE, BE IT RESOLVED, that the Redevelopment Agency hereby approves the Purchase and Sale Agreements between the Redevelopment Agency and John Petroff, Margie Petroff, and Bertha Iskra, attached hereto as Exhibit A. The Redevelopment Agency authorizes the Executive Director to sign the Purchase and Sale agreements and the Certificates of Acceptance on behalf of the Redevelopment Agency of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Redevelopment Agency of South San Francisco at a meeting held on the day of ,2002, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Clerk 203233-1 EXHIBIT A REAL PROPERTY PURCHASE AND SAI.E AGREEIvIENT THIS REAL PROPERTY PURCHASE AND SALE AGREEMENT ("Agreement") is entered into effective as of ,2002 ("Effective Date"), by and between Bertha Iskra, Margie Petroff and John Petroff ("Seller"), and the City of South San Francisco Redevelopment Agency, a public body, corporate and politic ("Buyer"), for sale by Seller to Buyer and purchase by Buyer from Seller of certain real property as hereinafter set forth. Recitals This Agreement is entered into upon the basis of the following facts, understandings and intentions of the parties: A. Seller is the owner of that certain real property located at 338-339 Railroad Avenue in South San Francisco, California, further described as Assessor's Parcel No.012-333-250, and more particularly described in the attached Exhibit A, together with all improvements, structures, buildings and fixtures thereon ("Real Property"). B. Buyer desires to purchase the Real Property from Seller, and Seller desires to sell the Real Property to Buyer on the terms and conditions of this Agreement. C. Buyer is a redevelopment agency existing pursuant to the Community Redevelopment Law, California Health and Safety Code Section 33000, et seq. Pursuant to its authority granted thereunder, Buyer has the responsibility to carry out the Redevelopment Plan for the Downtown Central Redevelopment Project Area ("Redevelopment Plan"). D. The Real Property is located in an area governed by the Redevelopment Plan. The purchase of the Real Property as provided for in this Agreement is consistent with and furthers the goals and objectives of the Redevelopment Plan. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants, promises and undertakings set forth herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Agreement to Sell and Purchase. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, upon the terms and conditions and for the consideration set forth in this Agreement, the Real Property. 2. Earnest Money Deposit. Upon the opening of escrow and in no event later than seven (7) days after receiving the Effective Date, Buyer shall deposit the Five Thousand Dollars ($5,000) ("Earnest Money Deposit") into escrow in an interest bearing account for the benefit of the Buyer. The Earnest Money Deposit, and all interest thereon, shall be credited to Buyer and applied to the Purchase Price (defined below) at the close of escrow. 3. Purchase Price. The purchase price that Buyer shall pay Seller for the Real Property shall be Five Hundred Thirty Thousand Dollars ($530,000.00) ("Purchase Price"). The Purchase Price, less the 188545-1 amount of the Earnest Money Deposit and any interest thereon, shall be paid by Buyer at the close of escrow in accordance with the terms of this Agreement. 4. Escrow. Within five (5) days of the Effective Date, the parties shall open an escrow to consummate the purchase and sale of the Real Property pursuant to this Agreement at the office of First American Title Company located at .("Title Company" or "Escrow Agent"). Upon the opening of escrow, the parties shall deposit with the Escrow Agent an executed copy of this Agreement. The parties shall deliver signed instructions to the Escrow Agent within seven (7) days of the opening of escrow. The instructions shall not modify or amend this Agreement; provided, however, that the parties shall execute any additional instructions requested by the Escrow Agent in a manner consistent with this Agreement. All amounts deposited by the parties with the Escrow Agent, including the Earnest Money Deposit, shall be held in escrow in an interest-bearing account. 5. Title Documents. Within ten (10) days-of the opening of escrow, Seller shall deliver or cause to be delivered to Buyer a preliminary report for an ALTA Owner's Title Insurance Policy ("Preliminary Report") on the Real Property issued by the Title Company, setting forth all liens, encumbrances, easements, restrictions, conditions, pending litigation, judgments, administrative proceedings, and other matters affecting Seller's title to the Real Property, together with copies of all documents relating to exceptions referred to in the Preliminary Report and complete and legible copies of all instruments referred to in the Preliminary Report, as requested by Buyer. Buyer shall have ten (10) days from the receipt of the Preliminary Report to report in writing any objections to it. Any exceptions to title to the Real Property shown in the Preliminary Report shall be deemed to be accepted by Buyer unless objected to in writing by Buyer to Seller within said ten (10) days. If Buyer objects to an: exception: to the title to the Real Property, Seller shall have the option at Seller's sole discretion, to use its best efforts at Seller's expense to remove from title or otherwise satisfy the: exception at least fourteen (14) days prior to the close of escrow, and in a form that is reasonably satisfactory to Buyer, or decline to satisfy the exception and terminate this Agreement upon written notice to Buyer. However, Buyer shall have the option to terminate all rights or obligations under this Agreement or accept title subject to those exceptions, if any, Seller does not remove from title. Alternatively, Buyer may elect, upon written notice to Seller, to purchase the Real Property subject to the exceptions. Notwithstanding Buyer's election to purchase the Real Property subject to the exceptions, if the exceptions are unable to be or are not discharged, satisfied, released or terminated before the close of escrow, all rights and obligations under this Agreement may, at the election of Buyer and upon written notice to Seller, terminate, and the Earnest Money Deposit, including interest thereon, and all other funds and documents deposited with Escrow Agent by or on behalf of Buyer shall be returned to Buyer Within five (5) days after Buyer has approved the Preliminary Report pursuant to this Section, and in no event later than seven (7) days prior to the close of escrow, Title Company shall deliver to Buyer a title commitment for an ALTA Owner's Title Insurance Policy ("Title Policy") in the full amount of the Purchase Price and for the benefit and protection of Buyer issued by Title Company and showing the status of the title to the Real Property and all exceptions, as such title and exceptions will appear upon the close of escrow, including encumbrances, liens, adverse claims, easements, restrictions, rights-of-way, covenants, reservations and all other conditions, if any, affecting the Real Property which 188545-1 would appear in the Title Policy, and committing Title Company to issue the Title Policy to Buyer upon the close of escrow. 6. Closing: Documents. Seller. Within twenty-five (25) days of the opening of escrow, Seller shall: (i) deposit into escrow a Grant Deed in a recordable form, in the form attached as Exhibit B ("Grant Deed"), duly executed and acknowledged, conveying to Buyer good and marketable fee simple title to the Real Property, subject only to exceptions approved pursuant to this Agreement; (ii) deposit into escrow monies in the amount necessary to pay one-half (1/2) of all title insurance and title report costs, escrow fees, and recording fees, and to pay all governmental conveyance fees and transfer taxes; (iii) deposit into escrow Seller's affidavit of non-foreign status executed by Seller under penalty of perjury as contemplated by 26 United States Code Section 1445, and Seller's written certificate executed by Seller under penalty of perjury as contemplated by California Revenue and Taxation Code Section 18662 certifying that Seller is a resident of California; and (iv) execute, deposit and deliver such additional instruments and documents as the Escrow Agent may reasonably require to consummate the transaction which is the subject of this Agreement. Buyer. Within twenty-five (25) days of the opening of escrow, Buyer shall: (i) deposit into escrow monies in the amount necessary to pay one-half (1/2) of all title insurance and title report costs, escrow fees, and recording fees; and (ii) execute, deposit and deliver such additional instruments and documents as the Escrow Agent may'reasonably require to consummate the transaction which is the subject of this Agreement. On or before the date of the close of escrow, Buyer shall deposit into escrow immediately available funds which along with the Earnest Money Deposit, plus interest thereon, are in an amount sufficient to make the total consideration equal the Purchase Price, plus or minus prorations. This Agreement, together with the parties' escrow instructions, shall constitute the instructions for closing escrow. 7. Close of Escrow. Unless the parties mutually agree in writing to an extension or terminate the Agreement for the reasons set forth in this Agreement, escrow shall close, the Real Property shall be transferred from Seller to Buyer, and the Purchase Price shall be paid to Seller on the date which is the forty-fifth (45th) day after the opening of escrow. The Escrow Agent shall close escrow by: (i) recording the Grant Deed conveying the Real Property from Seller to Buyer in the official records of San Mateo County, California; (ii) issuing the Title Policy and delivering same to Buyer; (iii) delivering to Seller the monies constituting the Purchase Price less prorated amounts and charges to be paid by or on behalf of Seller and a certified copy of the Grant Deed; and (iv) delivering to Buyer a certified copy of the Grant Deed. 8. Title. Simultaneously with the close of escrow, Title Company shall issue the Title Policy in the amount of the Purchase Price for the benefit and protection of Buyer. Upon the close of escrow, Seller shall by the Grant Deed convey to Buyer a fee simple interest in the Real Property, free and clear of all title defects, liens, encumbrances, deeds of trust, and mortgages, excepting therefrom: (i) the provisions and effect of the Redevelopment Plan; and (ii) assessments, conditions, covenants, restrictions, encumbrances, liens, easements and exceptions approved by Buyer pursuant to Section 5. Title to the Real Property upon conveyance to Buyer shall be evidenced by the Title Policy, subject to the exceptions listed in this Section. 188545-1 9. Closing Costs. Each party shall each pay one-half (1/2) of all title insurance and title report costs, escrow fees (including the costs of preparing documents and instruments), and recording fees. Governmental conveyance fees and transfer taxes shall be paid for solely by Seller. Seller shall be responsible for paying all costs of removing exceptions from title to the Real Property prior to the close of escrow, except for those exceptions to title approved by Buyer pursuant to paragraph 5, above. 10. Prorations. At the close of escrow, the Escrow Agent shall make the following prorations: (i) property taxes, if any, shall be prorated as of the date of close of escrow based on the most current real property tax bill available, including any additional property taxes which may be assessed after the close of escrow but that pertain to the period prior to the transfer of title to the Real Property to Buyer, regardless of when notice is delivered or who receives the notice; and (ii) any bond or assessment that constitutes a lien on the Real Property at the close of escrow shall be assumed or taken subject to by Buyer. 11. Buyer's Conditions to Closing. The close of escrow and Buyer's obligation to purchase the Real Property pursuant to this Agreement are conditioned on: (i) the performance by Seller of each obligation to be performed by Seller under this Agreement within the applicable time period, or waiver by Buyer of said obligation; (ii) Seller's representations and warranties contained in this Agreement being true and correct as of the Effective Date and the close of escrow; and (iii) Title Company being prepared to issue and deliver the Title Policy on the close of escrow, subject only to the exceptions approved by Buyer in accordance with this Agreement. Should any of the conditions fail to occur by the dates specified, excepting any such conditions that have been waived by Buyer, Buyer shall have the right, exercisable by giving written notice to Seller, to cancel the escrow, terminate this Agreement, and recover any and all amounts paid by Buyer to Seller or deposited with the Escrow Agent by or on behalf of Buyer, including the Earnest Money Deposit and interest thereon. The exercise of this right by Buyer shall not constitute a waiver by Buyer of any other rights Buyer may have at law or in equity. 12. Buyer's Additional Conditions to Closing. The close of escrow and Buyer's obligation to purchase the Real Property pursuant to this Agreement are also conditioned on Buyer's inspection, examination, survey and review of the condition of the Real Property as described in subsections (a) and (b) below in this Section ("Due Diligence Conditions") during the Due Diligence Period (defined below) and Buyer's subsequent written approval of the Due Diligence Conditions within five (5) days of the end of the Due Diligence Period. The "Due Diligence Period" shall be the period commencing on the Effective Date and ending on the thirtieth (30th) day after the opening of escrow. (a) Feasibility Studies. During the Due Diligence Period, Buyer may inspect, examine, survey and review the Real Property for its feasibility for Buyer's intended use, including, without limitation, the physical condition of the Real Property. Buyer may consult or retain civil engineers, contractors, soils and geologic engineers, architects and other specialists in the investigation of Hazardous Materials in, on or under the Real Property, and may consult or retain other consultants to determine if the Real Property is suitable for Buyer's intended use. Notwithstanding any contrary provisions contained in this Agreement, Buyer may elect to terminate this Agreement based on information contained in feasibility/suitability studies or reports prepared by or on behalf of Buyer or based on information contained in studies or reports provided by Seller. 188545-1 (b) Other matters. During the Due Diligence Period, Buyer may inspect, examine, survey and review any other matters with regard to the Real Property, including, without limitation, any and all studies or reports provided by Seller, lease documents or rental agreements, the compliance by the Real Property with all laws applicable now and in the future, and existing obligations relating to the Real Property. Notwithstanding any contrary provisions contained in this Agreement, Buyer may elect to terminate this Agreement based on information obtained during Buyer's investigation of the Real Property or based on information contained in studies or reports provided by Seller. During the Due Diligence Period, Buyer shall have the right to perform due diligence regarding the investigation, assessment, and monitoring of the environmental condition of the Real Property, and upon completion of the due diligence period, unless Buyer elects to terminate this Agreement pursuant to the terms hereof, the Buyer will purchase the Real Property in its "AS IS" condition as such property condition exists on the date of escrow closing. Should Buyer fail to approve in writing the Due Diligence Conditions by the date specified, excepting any such condition that has been waived by Buyer, Buyer shall have the right, exercisable by giving written notice to Seller, to cancel the escrow, terminate this Agreement, and recover any and all amounts paid by Buyer to Seller or deposited with the Escrow Agent by or on behalf of Buyer, including the Earnest Money Deposit and interest thereon. The exercise of this right by Buyer shall not constitute a waiver by Buyer of any other rights Buyer may have at law or in equity. 13. Studies. Reports and Investigations. Throughout the Due Diligence Period, Seller agrees to immediately make available to Buyer any and all studies, reports and investigations concerning the Real Property which are in Seller's possession, including without limitation studies, reports and investigations concerning the Real Property's physical condition, habitability, the presence or absence of Hazardous Materials (as defined in attached Exhibit C) in, on or under the Real Property and the compliance by the Real Property with Environmental Laws (as defined in attached Exhibit C).Throughout the Due Diligence Period and without warranty of any kind as to the accuracy, completeness or thoroughness of any report, investigation or study,_Seller further agrees to immediately disclose to Buyer all information in Seller's possession concerning the Real Property's physical condition, habitability, the presence or absence of Hazardous Materials in, on or under the Real Property and the compliance by the Real Property with Environmental Laws. 14. Right of Entry. During the Due Diligence Period, Buyer and Buyer's agents shall have the right, upon reasonable notice to Seller, to enter upon the Real Property for purposes of conducting Buyer's inspection, examination, survey and review of the Real Property in accordance with Sections 12 and 13. Buyer's inspection, examination, survey and review of the Real Property shall be at Buyer's sole expense. Buyer shall obtain Seller's advance consent in writing to any proposed physical testing of the Real Property by Buyer or Buyer's agents, which consent shall not be unreasonably withheld or delayed if the purpose of such physical testing is consistent with this Agreement. Buyer shall repair, restore and return the Real Property to its original condition after the undertaking of any such physical testing, at Buyer's sole expense. Buyer shall schedule any such physical tests during normal business hours unless otherwise approved by Seller. Buyer agrees to indemnify Seller and hold Seller harmless from and against all liability, loss, cost, damage and expense (including, without limitation, reasonable attorney's fees and costs of litigation) resulting from Buyer's or Buyer's agents entry upon the Real Property, except to the extent that such liability, loss, cost, damage and expense arises as a result of the negligence or other wrongful conduct of Seller or its agents. Buyer shall obtain and pay all costs associated with 188545-1 inspections, reports, and investigations obtained by or at the request of Buyer. 15. Seller's Conditions to Closing. The close of escrow and Seller's obligation to sell the Real Property pursuant to this Agreement are conditioned on: (i) the performance by Buyer of each obligation to be performed by Buyer under this Agreement within the applicable time period, or waiver by Seller of said obligation; and (ii) Buyer's representations and warranties contained in this Agreement being true and correct as of the Effective Date and the close of escrow. 16. Possession. Seller shall deliver possession of the Real Property to Buyer upon the close of escrow. 17. Seller's Warranties. Seller hereby agrees, represents and warrants, to the best of Seller's knowledge (which means the actual_knowledge after diligent inquiry of Bertha Iskra, Margie Petroff, and John Petroff that as of the Effective Date and as of the close of escrow: (i) except as disclosed to Buyer, Seller has received no notice, warning, notice of violation, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Real Property are or have been in violation of any Environmental Law or informing Seller that the Real Property is subject to investigation or inquiry regarding Hazardous Materials on the Real Property or the potential violation of any Environmental Law; (ii) except as disclosed to Buyer, Seller has not received any notice from any governmental authority of any threatened or pending zoning, building, fire, or health code violations or violations of other governmental regulations concerning the Real Property that have not previously been corrected,-and no condition on the Real Property violates any health, safety, fire, environmental, sewage, building, or other federal, state or local law, ordinance or regulation; (iii) electric power on the Real Property has been capped at the breaker/junction box, and due to the current unoccupied condition of the existing buildings situated on the Real Property, violations may currently exist,_(iv) no contracts, licenses, leases or commitments regarding the maintenance or use of the Real Property or allowing any third party rights to use the Real Property are in force; (v) there are no threatened or pending actions, suits, administrative proceedings against or affecting the Real Property or any portion thereof or the interest of Seller in the Real Property; (vi) there are no threatened or pending condemnation, eminent domain, or similar proceedings affecting the Real Property or any portion thereof; (vii) Seller has not received any notice from any insurer of defects of the Real Property which have not been corrected; (viii) except as disclosed to Buyer, there are no natural or artificial conditions upon the Real Property or any part thereof that could result in a material and adverse change in the condition of the Real Property; (ix) any information that Seller has delivered to Buyer, either directly or through Seller's agents, is accurate and complete to the best of Seller's knowledge;_and, (x)_to the best of Seller's knowledge, Seller has disclosed all material facts with respect to the Real Property. 18. Seller's Covenants. From the Effective Date and through the close of escrow, Seller shall: (i) not permit any liens, encumbrances, or easements to be placed on the Real Property, other than exceptions approved by Buyer pursuant to this Agreement, nor shall Seller enter into any agreement regarding the sale, rental, management, repair, improvement, or any other matter affecting the Real Property that would be binding on Buyer or the Real Property after the close of escrow without the prior written consent of Buyer, (ii) not permit any act of waste or act that would tend to diminish the value of the Real Property for any reason, except that caused by ordinary wear and tear; and (iii) shall maintain and manage the Real Property substantially in accordance with Seller's established practices and shall 188545-1 maintain and manage the Real Property in the same condition, as of the Effective Date, ordinary wear and tear excepted. 19. Authority of Parties. Seller warrants that this Agreement and all other documents delivered prior to or at the close of escrow: (i) have been authorized, executed, and delivered by Seller; (ii) are binding obligations of Seller; (iii) are collectively sufficient to transfer all of Seller's rights to the Real Property; and (iv) do not violate the provisions of any agreement to which Seller is a party. Buyer warrants that this Agreement and all other documents delivered prior to or at the close of escrow: (i) have been authorized, executed, and delivered by Buyer; (ii) are binding obligations of Buyer; and (iii) do not violate the provisions of any agreement to which Buyer is a party. Each of the parties to this Agreement represents and warrants that the persons who have executed this Agreement have been authorized to do so by the party on whose behalf the party is signing, that each party has a good and legal right to enter into this Agreement and to perform all of its terms and conditions, and that on execution of this Agreement this Agreement shall be valid and enforceable. 20. Environmental Indemnity. After the close of escrow, Seller shall, and hereby agrees to, unconditionally and fully indemnify, reimburse, defend, protect and hold harmless Buyer from and against any and all claims, demands, damages, losses, liabilities, fines, orders, judgments, actions, injunctive or other relief (whether or not based on personal injury, property damage, contamination of, or adverse effects upon, the environment or natural resources), costs, economic or other loss, expenses (including without limitation attorneys' fees and any expenses associated with the investigation, assessment, monitoring, response, removal, treatment, abatement and/or remediation of Hazardous Materials in, on or under the Real Property), and/or administrative, enforcement or judicial proceedings, whether known or unknown, and which are directly or indirectly, in whole or in part, caused by, arise out of or relate to the presence, release or discharge or alleged presence, release or discharge of any Hazardous Materials in, on or under the Real Property or a violation or alleged violation of an Environmental Law. 21. Damage and Destruction. In the event of any damage or other loss to the Real Property, or any portion thereof, caused by fire or other casualty prior to the close of escrow, Buyer shall not be entitled to terminate this Agreement, but shall be obligated to close the escrow and purchase the Real Property as provided in this Agreement, without abatement in the Purchase Price, provided that Seller shall: (i) assign and transfer to Buyer at the close of escrow all of Seller's right, title and interest in and to all monies to be paid by Seller's insurer(s) in connection with the damage or loss and all claims for monies payable from Seller's insurer(s) in connection with the damage or lossand (ii) pay to Buyer at the close of escrow the amount of Seller's deductible under the insurance policy or policies covering the damage or loss. 22. Brokers. Each party warrants and represents to the other that no person or entity can properly claim a right to a real estate commission, brokerage fee, finder's fee, or other compensation with respect to the transaction contemplated by this Agreement. Each party agrees to defend, indemnify and hold harmless the other party from any claims, expenses, costs or liabilities arising in connection with real estate commissions, brokerage fees, and finder's fees which may arise from this Agreement and be incurred by the other party. 23. Assignment. Buyer shall have the right to assign all rights and obligations under this Agreement to any party and no approval by Seller of any such assignment shall be necessary. 188545-1 24. Notices. All notices, demands, requests, and other communications between Seller and Buyer under this Agreement made by either party shall be in writing and shall be sent by registered or certified mail, postage prepaid, return receipt requested (in which case notice shall be deemed delivered three (3) business days after the date sent), or delivered personally (in which case notice shall be deemed delivered on the date of such delivery), addressed as follows: Buyer: The Redevelopment Agency of the City of South San Francisco City Hall, 400 Grand Avenue South San Francisco, CA 94083 Attention: Executive Director with a copy to Buyer's counsel: Meyers, Nave, Riback, Silver & Wilson 777 Davis Street, Suite 300 San Leandro, CA 94577 Attention: Steven T. Mattas, Agency Counsel Seller: John and Margie Petroff 563 Myrtle Avenue South San Francisco, CA 94080 Bertha Iskra 449 Forestview Drive South San Francisco, CA 94080 Such written notices, demands, requests and other communications may be sent or delivered to such other addresses as the affected party may from time to time designate by giving notice to the other party. Notice of a change of address shall not be effective unless and until such notice is sent or delivered in accordance with this Section. 25. Litigation Costs. If any legal action or any other proceeding, including arbitration or action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged breach or default in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs, in addition to any other relief to which the party may be entitled. 26. Waivers. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing and executed by the waiving party. 27. Successors. This Agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors and assignees of the parties to this Agreement. 28. Provisions Not Merged With Deeds. None of the provisions, terms, representations, warranties and covenants of this Agreement are intended to or shall be merged by the Grant Deed 188545-1 transferring title to the Real Property from Seller to Buyer, and neither such Grant Deed nor any other document shall affect or impair the provisions, terms, representations, warranties and covenants of this Agreement. The provisions, terms, representations, warranties and covenants of this Agreement shall survive the close of escrow. 29. Construction. Headings at the beginning of each Section are solely for the convenience of the parties and are not part of and shall not be used to interpret this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. 30. Action or Approval. Where action and/or approval by Buyer is required by this Agreement, it may act on and/or approve such matter by and through its Executive Director, unless the Executive Director determines in his or her discretion that Buyer's Board must undertake such action and/or approval, in which case the Executive Director shall refer such matter to the Board for consideration., The time periods afforded Buyer for any event, inspection, feasibility, due diligence, escrow closing or other wise shall not be extended by any such referral to Buyer's Board. 31. Entire Agreement. This Agreement including Exhibits A to C attached hereto contain the entire agreement between the parties and supersedes all previous or contemporaneous agreements, understandings, representations or statements between the parties respecting the purchase and sale of the Real Property. 32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument. 33. Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability. 34. Third Party Rights. Nothing in this Agreement is intended to or shall confer upon any person, other than the parties to this Agreement and their respective successors and assigns, any rights or remedies under this Agreement. 35. Parties Not Co-Venturers. Nothing in this Agreement is intended to or does establish the parties as partners, co-venturers, or principal and agent with one another. 36. Conflicts of Interest. No member, official or employee of Buyer shall make any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. 37. Non-Liability of Officials. Employees and Agents. No member, official, employee or agent of Buyer shall be personally liable to Seller, or any assignee or successor in interest, in the event of any default or breach by Buyer or for any amount, which may become due to Seller or its assignee or successor in interest on any obligation under the terms of this Agreement. 188545-1 38. Time of the Essence. Time is of the essence for each condition, term, obligation and provision of this Agreement. 39. Amendment. This Agreement may be amended or modified only by a written instrument executed by Seller and Buyer. 40. Exhibits. Exhibits A to C referred to in and attached to this Agreement are incorporated herein by this reference and made a part hereof. 41. Governinl~: Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 42. Effective Date. The Effective Date of this Agreement shall be the date that this Agreement is approved by Buyer's Board. 43. Certificate of Acceptance. Pursuant to Section 27281 of the California Government Code, the Grant Deed from Seller to Buyer shall have a Certificate of Acceptance attached to it, which shall be in the form attached Exhibit 2_to said Grant Deed. 44. Time for Performance. When the time for performance of any obligation under this Agreement is to be measured from another event, such time period shall include the day of the other event. If the day of the time for performance is not a regular business day, then the time for such performance shall be by the regular business day following such day. 188545-1 Date. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective BUYER: CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY ATTEST: By: Executive Director By: Agency Secretary APPROVED AS TO FORM: By: Agency Attorney SELLER: John Petroff Margie Petroff Bertha Iskra 188545-1 REAL PROPERTY PURCHASE AND SALE AGREEMENT THIS REAL PROPERTY PURCHASE AND SALE AGREEMENT ("Agreement") is entered into effective as of ,2002 ("Effective Date"), by and between Bertha Iskra, Margie Petroff and John Petroff ("Seller"), and the City of South San Francisco Redevelopment Agency, a public body, corporate and politic ("Buyer"), for sale by Seller to Buyer and purchase by Buyer from Seller of certain real property as hereinafter set forth. Recitals This Agreement is entered into upon the basis of the following facts, understandings and intentions of the parties: A. Seller is the owner of that certain real property located at 340-340A Railroad Avenue and 341 -341A 1st Lane in South San Francisco, California, further described as Assessor's Parcel No.012- 333-260 and more particularly described in the attached Exhibit A, together with all improvements, structures, buildings and fixtures thereon ("Real Property"). B. Buyer desires to purchase the Real Property from Seller, and Seller desires to sell the Real Property to Buyer on the terms and conditions of this Agreement. C. Buyer is a redevelopment agency existing pursuant to the Community Redevelopment Law, California Health and Safety Code Section 33000, et seq. Pursuant to its authority granted thereunder, Buyer has the responsibility to carry out the Redevelopment Plan for the Downtown Central Redevelopment Project Area ("Redevelopment Plan"). D. The Real Property is located in an area governed by the Redevelopment Plan. The purchase of the Real Property as provided for in this Agreement is consistent with and furthers the goals and objectives of the Redevelopment Plan. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants, promises and undertakings set forth herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Agreement to Sell and Purchase. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, upon the terms and conditions and for the consideration set forth in this Agreement, the Real Property. 2. Earnest Money Deposit. Upon the opening of escrow and in no event later than seven (7) days after receiving the Effective Date, Buyer shall deposit the Five Thousand Dollars ($5,000) "Earnest Money Deposit") into escrow in an interest beating account for the benefit of the Buyer. The Earnest Money Deposit, and all interest thereon, shall be credited to Buyer and applied to the Purchase Price (defined below) at the close of escrow. 3. Purchase Price. The purchase price that Buyer shall pay Seller for the Real Property shall be Seven Hundred Forty Thousand Dollars ($740,000.00) ("Purchase Price"). The Purchase Price, less the 188601-1 amount of the Earnest Money Deposit and the $1,000 deposit submitted with the Exclusive Negotiating Rights Agreement executed on April 9, 2002 and any interest thereon, shall be paid by Buyer at the close of escrow in accordance with the terms of this Agreement. 4. Escrow. Within five (5) days of the Effective Date, the parties shall open an escrow to consummate the purchase and sale of the Real Property pursuant to this Agreement at the office of First American Title Company located at ("Title Company" or "Escrow Agent"). Upon the opening of escrow, the parties shall deposit with the Escrow Agent an executed copy of this Agreement. The parties shall deliver signed instructions to the Escrow Agent within seven (7) days of the opening of escrow. The instructions shall not modify or amend this Agreement; provided, however, that the parties shall execute any additional instructions requested by the Escrow Agent in a manner consistent with this Agreement. All amounts deposited by the parties with the Escrow Agent, including the Earnest Money Deposit, shall be held in escrow in an interest-bearing account. 5. Title Documents. Within ten (10) days of the opening of escrow, Seller shall deliver or cause to be delivered to Buyer a preliminary report for an ALTA Owner's Title Insurance Policy ("Preliminary Report") on the Real Property issued by the Title Company, setting forth all liens, encumbrances, easements, restrictions, conditions, pending litigation, judgments, administrative proceedings, and other matters affecting Seller's title to the Real Property, together with copies of all documents relating to exceptions referred to in the Preliminary Report and complete and legible copies of all instruments referred to in the Preliminary Report, as requested by Buyer. Buyer shall have ten (10) days from the receipt of the Preliminary Report to report in writing any objections to it. Any exceptions to title to the Real Property shown in the Preliminary Report shall be deemed to be accepted by Buyer unless objected to in writing by Buyer to Seller within said ten (10) days. If Buyer objects to an: exception: to the title to the Real Property, Seller shall have'the option at Seller's sole discretion, to use its best efforts at Seller's expense to remove from title or otherwise satisfy the: exception at least fourteen (14) days prior to the close of escrow, and in a form that is reasonably satisfactory to Buyer, or decline to satisfy the exception and terminate this Agreement upon written notice to Buyer. However, Buyer shall have the option to terminate all rights or obligations under this Agreement or accept title subject to those exceptions, if any, Seller does not remove from title. Alternatively, Buyer may elect, upon written notice to Seller, to purchase the Real Property subject to the exceptions. Notwithstanding Buyer's election to purchase the Real Property subject to the exceptions, if the exceptions are unable to be or are not discharged, satisfied, released or terminated before the close of escrow, all rights and obligations under this Agreement may, at the election of Buyer and upon written notice to Seller, terminate, and the Earnest Money Deposit, including interest thereon, and all other funds and documents deposited with Escrow Agent by or on behalf of Buyer shall be returned to Buyer Within five (5) days after Buyer has approved the Preliminary Report pursuant to this Section, and in no event later than seven (7) days prior to the close of escrow, Title Company shall deliver to Buyer a title commitment for an ALTA Owner's Title Insurance Policy ("Title Policy") in the full amount of the Purchase Price and for the benefit and protection of Buyer issued by Title Company and showing the status of the title to the Real Property and all exceptions, as such title and exceptions will appear upon the close of escrow, including encumbrances, liens, adverse claims, easements, restrictions, rights-of-way, covenants, reservations and all other conditions, if any, affecting the Real Property which 188601-1 would appear in the Title Policy, and committing Title Company to issue the Title Policy to Buyer upon the close of escrow. 6. Closing: Documents. Seller. Within twenty-five (25) days of the opening of escrow, Seller shall: (i) deposit into escrow a Grant Deed in a recordable form, in the form attached as Exhibit B ("Grant Deed"), duly executed and acknowledged, conveying to Buyer good and marketable fee simple title to the Real Property, subject only to exceptions approved pursuant to this Agreement; (ii) deposit into escrow monies in the amount necessary to pay one-half (1/2) of all title insurance and title report costs, escrow fees, and recording fees, and to pay all governmental conveyance fees and transfer taxes; (iii) deposit into escrow Seller's affidavit of non-foreign status executed by Seller under penalty of perjury as contemplated by 26 United States Code Section 1445, and Seller's written certificate executed by Seller under penalty of perjury as contemplated by California Revenue and Taxation Code Section 18662 certifying that Seller is a resident of California; and (iv) execute, deposit and deliver such additional instruments and documents as the Escrow Agent may reasonably require to consummate the transaction which is the subject of this Agreement. Buyer. Within twenty-five (25) days of the opening of escrow, Buyer shall: (i) deposit into escrow monies in the amount necessary to pay one-half (1/2) of all title insurance and title report costs, escrow fees, and recording fees; and (ii) execute, deposit and deliver such additional instruments and documents as the Escrow Agent may reasonably require to consummate the transaction which is the subject of this Agreement. On or before the date of the close of escrow, Buyer shall deposit into escrow immediately available funds which along with the Earnest Money Deposit, plus interest thereon, are in an amount sufficient to make the total consideration equal the Purchase Price, plus or minus prorations. This Agreement, together with the parties' escrow instructions, shall constitute the instructions for closing escrow. 7. Close of Escrow. Unless the parties mutually agree in writing to an extension or terminate the Agreement for the reasons set forth in this Agreement, escrow shall close, the Real Property shall be transferred from Seller to Buyer, and the Purchase Price shall be paid to Seller on the date which is the forty-fifth (45th) day after the opening of escrow. The Escrow Agent shall close escrow by: (i) recording the Grant Deed conveying the Real Property from Seller to Buyer in the official records of San Mateo County, California; (ii) issuing the Title Policy and delivering same to Buyer; (iii) delivering to Seller the monies constituting the Purchase Price less prorated amounts and charges to be paid by or on behalf of Seller and a certified copy of the Grant Deed; and (iv) delivering to Buyer a certified copy of the Grant Deed. 8. Title~ Simultaneously with the close of escrow, Title Company shall issue the Title Policy in the amount of the Purchase Price for the benefit and protection of Buyer. Upon the close of escrow, Seller shall by the Grant Deed convey to Buyer a fee simple interest in the Real Property, free and clear of all title defects, liens, encumbrances, deeds of trust, and mortgages, excepting therefrom: (i) the provisions and effect of the Redevelopment Plan; and (ii) assessments, conditions, covenants, restrictions, encumbrances, liens, easements and exceptions approved by Buyer pursuant to Section 5. Title to the Real Property upon conveyance to Buyer shall be evidenced by the Title Policy, subject to the exceptions listed in this Section. 188601-1 9. Closing Costs. Each party shall each pay one-half (1/2) of all title insurance and title report costs, escrow fees (including the costs of preparing documents and instruments), and recording fees. Governmental conveyance fees and transfer taxes shall be paid for solely by Seller. Seller shall be responsible for paying all costs of removing exceptions from title to the Real Property prior to the close of escrow, except for those exceptions to title approved by Buyer pursuant to paragraph 5, above. 10. Prorations. At the close of escrow, the Escrow Agent shall make the following prorations: (i) property taxes, if any, shall be prorated as of the date of close of escrow based on the most current real property tax bill available, including any additional property taxes which may be assessed after the close of escrow but that pertain to the period prior to the transfer of title to the Real Property to Buyer, regardless of when notice is delivered or who receives the notice; and (ii) any bond or assessment that constitutes a lien on the Real Property at the close of escrow shall be assumed or taken subject to by Buyer. 11. Buyer's Conditions to Closing. The close of escrow and Buyer's obligation to purchase the Real Property pursuant to this Agreement are conditioned on: (i) the performance by Seller of each obligation to be performed by Seller under this Agreement within the applicable time period, or waiver by Buyer of said obligation; (ii) Seller's representations and warranties contained in this Agreement being true and correct as of the Effective Date and the close of escrow; and (iii) Title Company being prepared to issue and deliver the Title Policy on the close of escrow, subject only to the exceptions approved by Buyer in accordance with this Agreement. Should any of the conditions fail to occur by the dates specified, excepting any such conditions that have been waived by Buyer, Buyer shall have the right, exercisable by giving written notice to Seller, to cancel the escrow, terminate this Agreement, and recover any and all amounts paid by Buyer to Seller or deposited with the Escrow Agent by or on behalf of Buyer, including the Earnest Money Deposit and interest thereon. The exercise of this right by Buyer shall not constitute a waiver by Buyer of any other fights Buyer may have at law or in equity. 12. Buyer's Additional Conditions to Closing. The close of escrow and Buyer's obligation to purchase the Real Property pursuant to this Agreement are also conditioned on Buyer's inspection, examination, survey and review of the condition of the Real Property as described in subsections (a) and (b) below in this Section ("Due Diligence Conditions") during the Due Diligence Period (defined below) and Buyer's subsequent written approval of the Due Diligence Conditions within five (5) days of the end of the Due Diligence Period. The "Due Diligence Period" shall be the period commencing on the Effective Date and ending on the thirtieth (30th) day after the opening of escrow. (a) Feasibility Studies. During the Due Diligence Period, Buyer may inspect, examine, survey and review the Real Property for its feasibility for Buyer's intended use, including, without limitation, the physical condition of the Real Property. Buyer may consult or retain civil engineers, contractors, soils and geologic engineers, architects and other specialists in the investigation of Hazardous Materials in, on or under the Real Property, and may consult or retain other consultants to determine if the Real Property is suitable for Buyer's intended use. Notwithstanding any contrary provisions contained in this Agreement, Buyer may elect to terminate this Agreement based on information contained in feasibility/suitability studies or reports prepared by or on behalf of Buyer or based on information contained in studies or reports provided by Seller. 188601-1 (b) Other matters. During the Due Diligence Period, Buyer may inspect, examine, survey and review any other matters with regard to the Real Property, including, without limitation, any and all studies or reports provided by Seller, lease documents or rental agreements, the compliance by the Real Property with all laws applicable now and in the future, and existing obligations relating to the Real Property. Notwithstanding any contrary provisions contained in this Agreement, Buyer may elect to terminate this Agreement based on information obtained during Buyer's investigation of the Real Property or based on information contained in studies or reports provided by Seller. During the Due Diligence Period, Buyer shall have the right to perform due diligence regarding the investigation, assessment, and monitoring of the environmental condition of the Real Property, and upon completion of the due diligence period, unless Buyer elects to terminate this Agreement pursuant to the terms hereof, the Buyer will purchase the Real Property in its "AS IS" condition as such property condition exists on the date of escrow closing. Should Buyer fail to approve in writing the Due Diligence Conditions by the date specified, excepting any such condition that has been waived by Buyer, Buyer shall have the right, exercisable by giving written notice to Seller, to cancel the escrow, terminate this Agreement, and recover any and all amounts paid by Buyer to Seller or deposited with the Escrow Agent by or on behalf of Buyer, including the Earnest Money Deposit and interest thereon. The exercise of this right by Buyer shall not constitute a waiver by Buyer of any other rights Buyer may have at law or in equity. 13. Studies. Reports and Investigations. Throughout the Due Diligence Period, Seller agrees to immediately make available to Buyer any and all studies, reports and investigations concerning the Real Property which are in Seller's possession, including without limitation studies, reports and investigations concerning the Real Property's physical condition, habitability, the presence or absence of Hazardous Materials (as defined in attached Exhibit C) in, on or under the Real Property and the compliance by the Real Property with Environmental Laws (as defined in attached Exhibit C).Throughout the Due Diligence Period and without warranty of any kind as to the accuracy, completeness or thoroughness of any report, investigation or study,_Seller further agrees to immediately disclose to Buyer all information in Seller's possession concerning the Real Property's physical condition, habitability, the presence or absence of Hazardous Materials in, on or under the Real Property and the compliance by the Real Property with Environmental Laws. 14. Right of Entry. During the Due Diligence Period, Buyer and Buyer's agents shall have the right, upon reasonable notice to Seller, to enter upon the Real Property for purposes of conducting Buyer's inspection, examination, survey and review of the Real Property in accordance with Sections 12 and 13. Buyer's inspection, examination, survey and review of the Real Property shall be at Buyer's sole expense. Buyer shall obtain Seller's advance consent in writing to any proposed physical testing of the Real Property by Buyer or Buyer's agents, which consent shall not be unreasonably withheld or delayed if the purpose of such physical testing is consistent with this Agreement. Buyer shall repair, restore and return the Real Property to its original condition after the undertaking of any such physical testing, at Buyer's sole expense. Buyer shall schedule any such physical tests during normal business hours unless otherwise approved by Seller. Buyer agrees to indemnify Seller and hold Seller harmless from and against all liability, loss, cost, damage and expense (including, without limitation, reasonable attorney's fees and costs of litigation) resulting from Buyer's or Buyer's agents entry upon the Real Property, except to the extent that such liability, loss, cost, damage and expense arises as a result of the negligence or other wrongful conduct of Seller or its agents. Buyer shall obtain and pay all costs associated with 188601-1 inspections, reports, and investigations obtained by or at the request of Buyer. 15. Seller's Conditions to Closing. The close of escrow and Seller's obligation to sell the Real Property pursuant to this Agreement are conditioned on: (i) the performance by Buyer of each obligation to be performed by Buyer under this Agreement within the applicable time ,period, or waiver by Seller of said obligation; and (ii) Buyer's representations and warranties contained in this Agreement being true and correct as of the Effective Date and the close of escrow. 16. Possession. Seller shall deliver possession of the Real Property to Buyer upon the close of escrow. 17. Seller's Warranties. Seller hereby agrees, represents and warrants, to the best of Seller's knowledge (which means the actual_knowledge after diligent inquiry of Bertha Iskra, Margie Petroff, and John Petroff that as of the Effective Date and as of the close of escrow: (i) except as disclosed to Buyer, Seller has received no notice, warning, notice of violation, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Real Property are or have been in violation of any Environmental Law or informing Seller that the Real Property is subject to investigation or inquiry regarding Hazardous Materials on the Real Property or the potential violation of any Environmental Law; (ii) except as disclosed to Buyer, Seller has not received any notice from any governmental authority of any threatened or pending zoning, building, fire, or health code violations or violations of other governmental regulations concerning the Real Property that have not previously been corrected,-and no condition on the Real Property violates any health, safety, fire, environmental, sewage, building, or other federal, state or local law, ordinance or regulation; (iii) electric power on the Real Property has been capped at the breaker/junction box, and due to the current unoccupied condition of the existing buildings situated on the Real Property, violations may currently exist,_(iv) no contracts, licenses, leases or commitments regarding the maintenance or use of the Real Property or allowing any third party rights to use the Real Property are in force; (v) there are no threatened or pending actions, suits, administrative proceedings against or affecting the Real Property or any portion thereof or the interest of Seller in the Real Property; (vi) there are no threatened or pending condemnation, eminent domain, or similar proceedings affecting the Real Property or any portion thereof; (vii) Seller has not received any notice from any insurer of defects of the Real Property which have not been corrected; (viii) except as disclosed to Buyer, there are no natural or artificial conditions upon the Real Property or any part thereof that could result in a material and adverse change in the condition of the Real Property; (ix) any information that Seller has delivered to Buyer, either directly or through Seller's agents, is accurate and complete to the best of Seller's knowledge;_and, (x)_to the best of Seller's knowledge, Seller has disclosed all material facts with respect to the Real Property. 18. Seller's Covenants. From the Effective Date and through the close of escrow, Seller shall: (i) not permit any liens, encumbrances, or easements to be placed on the Real Property, other than exceptions approved by Buyer pursuant to this Agreement, nor shall Seller enter into any agreement regarding the sale, rental, management, repair, improvement, or any other matter affecting the Real Property that would be binding on Buyer or the Real Property after the close of escrow without the prior written consent of Buyer, (ii) not permit any act of waste or act that would tend to diminish the value of the Real Property for any reason, except that caused by ordinary wear and tear; and (iii) shall maintain and manage the Real Property substantially in accordance with Seller's established practices and shall 188601-1 maintain and manage the Real Property in the same condition, as of the Effective Date, ordinary wear and tear excepted. 19. Authority of Parties. Seller warrants that this Agreement and all other documents delivered prior to or at the close of escrow: (i) have been authorized, executed, and delivered by Seller; (ii) are binding obligations of Seller; (iii) are collectively sufficient to transfer all of Seller's rights to the Real Property; and (iv) do not violate the provisions of any agreement to which Seller is a party. Buyer warrants that this Agreement and all other documents delivered prior to or at the close of escrow: (i) have been authorized, executed, and delivered by Buyer; (ii) are binding obligations of Buyer; and (iii) do not violate the provisions of any agreement to which Buyer is a party. Each of the parties to this Agreement represents and warrants that the persons who have executed this Agreement have been authorized to do so by the party on whose behalf the party is signing, that each party has a good and legal right to enter into this Agreement and to perform all of its terms and conditions, and that on execution of this Agreement this Agreement shall be valid and enforceable. 20. Environmental Indemnity. After the close of escrow, Seller shall, and hereby agrees to, unconditionally and fully indemnify, reimburse, defend, protect and hold harmless Buyer from and against any and all claims, demands, damages, losses, liabilities, fines, orders, judgments, actions, injunctive or other relief (whether or not based on personal injury, property damage, contamination of, or adverse effects upon, the environment or natural resources), costs, economic or other loss, expenses (including without limitation attorneys' fees and any expenses associated with the investigation, assessment, monitoring, response, removal, treatment, abatement and/or remediation of Hazardous Materials in, on or under the Real Property), and/or administrative, enforcement or judicial proceedings, whether known or unknown, and which are directly or indirectly, in whole or in part, caused by, arise out of or relate to the presence, release or discharge or alleged presence, release or discharge of any Hazardous Materials in, on or under the Real Property or a violation or alleged violation of an Environmental Law. 21. Damage and Destruction. In the event of any damage or other loss to the Real Property, or any portion thereof, caused by fire or other casualty prior to the close of escrow, Buyer shall not be entitled to terminate this Agreement, but shall be obligated to close the escrow and purchase the Real Property as provided in this Agreement, without abatement in the Purchase Price, provided that Seller shall: (i) assign and transfer to Buyer at the close of escrow all of Seller's right, title and interest in and to all monies to be paid by Seller's insurer(s) in connection with the damage or loss and all claims for monies payable from Seller's insurer(s) in connection with the damage or lossand (ii) pay to Buyer at the close of escrow the amount of Seller's deductible under the insurance policy or policies covering the damage or loss. 22. Brokers. Each party warrants and represents to the other that no person or entity can properly claim a right to a real estate commission, brokerage fee, finder's fee, or other compensation with respect to the transaction contemplated by this Agreement. Each party agrees to defend, indemnify and hold harmless the other party from any claims, expenses, costs or liabilities arising in connection with real estate commissions, brokerage fees, and finder's fees which may arise from this Agreement and be incurred by the other party. 23. Assignment. Buyer shall have the right to assign all rights and obligations under this Agreement to any party and no approval by Seller of any such assignment shall be necessary. 188601-1 24. Notices. All notices, demands, requests, and other communications between Seller and Buyer under this Agreement made by either party shall be in writing and shall be sent by registered or certified mail, postage prepaid, return receipt requested (in which case notice shall be deemed delivered three (3) business days after the date sent), or delivered personally (in which case notice shall be deemed delivered on the date of such delivery), addressed as follows: Buyer: The Redevelopment Agency of the City of South San Francisco City Hall, 400 Grand Avenue South San Francisco, CA 94083 Attention: Executive Director with a copy to Buyer's counsel: Meyers, Nave, Riback, Silver & Wilson 777 Davis Street, Suite 300 San Leandro, CA 94577 Attention: Steven T. Mattas, Agency Counsel Seller: John and Margie Petroff 563 Myrtle Avenue South San Francisco, CA 94080 Bertha Iskra 449 Forestview Drive South San Francisco, CA 94080 Such written notices, demands, requests and other communications may be sent or delivered to such other addresses as the affected party may from time to time designate by giving notice to the other party. Notice of a change of address shall not be effective unless and until such notice is sent or delivered in accordance with this Section. 25. Litigation Costs. If any legal action or any other proceeding, including arbitration or action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged breach or default in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs, in addition to any other relief to which the party may be entitled. 26. Waivers. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing and executed by the waiving party. 27. Successors. This Agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors and assignees of the parties to this Agreement. 28. Provisions Not Merged With Deeds. None of the provisions, terms, representations, warranties and covenants of this Agreement are intended to or shall be merged by the Grant Deed 188601-1 transferring title to the Real Property from Seller to Buyer, and neither such Grant Deed nor any other document shall affect or impair the provisions, terms, representations, warranties and covenants of this Agreement. The provisions, terms, representations, warranties and covenants of this Agreement shall survive the close of escrow. 29. Construction. Headings at the beginning of each Section are solely for the convenience of the parties and are not part of and shall not be used to interpret this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. 30. Action or Approval. Where action and/or approval by Buyer is required by this Agreement, it may act on and/or approve such matter by and through its Executive Director, unless the Executive Director determines in his or her discretion that Buyer's Board must undertake such action and/or approval, in which case the Executive Director shall refer such matter to the Board for consideration. The time periods afforded Buyer for any event, inspection, feasibility, due diligence, escrow closing or other wise shall not be extended by any such referral to Buyer's Board. 31. Entire Agreement. This Agreement including Exhibits A to C attached hereto contain the entire agreement between the parties and supersedes all previous or contemporaneous agreements, understandings, representations or statements between the parties respecting the purchase and sale of the Real Property. 32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument. 33. Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability. 34. Third Party Rights. Nothing in this Agreement is intended to or shall confer upon any person, other than the parties to this Agreement and their respective successors and assigns, any rights or remedies under this Agreement. 35. Parties Not Co-Venturers. Nothing in this Agreement is intended to or does establish the parties as partners, co-venturers, or principal and agent with one another. 36. Conflicts of Interest. No member, official or employee of Buyer shall make any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. 37. Non-Liability of Officials. Employees and Agents. No member, official, employee or agent of Buyer shall be personally liable to Seller, or any assignee or successor in interest, in the event of any default or breach by Buyer or for any amount, which may become due to Seller or its assignee or successor in interest on any obligation under the terms of this Agreement. 188601-1 38. Time of the Essence. Time is of the essence for each condition, term, obligation and provision of this Agreement. 39. Amendment. This Agreement may be amended or modified only by a written instrument executed by Seller and Buyer. 40. Exhibits. Exhibits A to C referred to in and attached to this Agreement are incorporated herein by this reference and made a part hereof. 41. Governing: Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 42. Effective Date. The Effective Date of this Agreement shall be the date that this Agreement is approved by Buyer's Board. 43. Certificate of Acceptance. Pursuant to Section 27281 of the California Government Code, the Grant Deed from Seller to Buyer shall have a Certificate of Acceptance attached to it, which shall be in the form attached Exhibit 2 to said Grant Deed. 44. Time for Performance. When the time for performance of any obligation under this Agreement is to be measured from another event, such time period shall include the day of the other event. If the day of the time for performance is not a regular business day, then the time for such performance shall be by the regular business day following such day. 188601-1 Date. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective BUYER: CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY ATTEST: By: Executive Director By: Agency Secretary APPROVED AS TO FORM: By: Agency Attorney SELLER: John Petroff Margie Petroff Bertha Iskra 188601-1 AGENDA CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM AUGUST 14, 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 _n. ot 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 LIM1TED 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. PEDRO GONZALEZ Mayor Pro Tem EUGENE R. MULLIN Mayor 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 · Day in the Park, September 21, 2002 - Councilman Femekes · City-Wide Garage Sale - Tonya Light · Reading the Grapes of Wrath Library Project Update - Assistant Library Director Cheryl Grantano · New Westborough Learning Club and Childcare Center Programs - Literacy Program Manager Ana Linder and Recreation & Community Services Coordinator Liz Penman AGENDA REVIEW PUBLIC COMMENTS ITEMS FROM COUNCIL · Community Forum · Subcommittee Reports CONSENT CALENDAR Motion to approve the minutes of the July 17 and July 24 special meetings and July 24 regular meeting 2. Motion to confirm expense claims of August 14, 2002 3. Resolution approving modification to compensation plan for AFSCME Local 1569 4. Resolution approving modification to compensation plan for Public Safety Managers o Resolution authorizing Oyster Point Grade Separation Phases II and III - PG&E Utility Relocation Agreements o Resolution accepting grant from the State of California and to appropriate Solid Waste Funds to SSF Scavengers for recycling efforts in the amount of $35,020 Resolution approving the extension of the Abandoned Vehicle Abatement Program until April 2012 o Resolution accepting Local Law Enforcement Block Grants Program funds in the amount of $36,149 ° Motion to adopt an ordinance amending SSFMC Chapter 2, Administration, related to term limits for boards and commissions REGULAR CITY COUNCIL MEETING AGENDA AUGUST 14, 2002 PAGE 2 10. Motion to adopt an ordinance amending SSFMC Chapter 3.12 to implement Council- approved position title additions, deletions, and/or changes 11. Motion to cancel regular meeting of August 28, 2002 12. Recognition of Proclamations issued: National Kids Day, August 4, 2002 LEGISLATIVE BUSINESS 13. Motion to waive reading and introduce an ordinance amending SSFMC Chapter 11, to establish preferential parking areas and approve a resolution for preferential permit parking for residential property near the South San Francisco BART areas ADJOURNMENT REGULAR CITY COUNCIL MEETING AUGUST 14, 2002 AGENDA PAGE 3 Staff Report DATE: TO: FROM: SUBJECT: August 14, 2002 Honorable Mayor and City Council Jennifer A. Bower, Director of Human Resources Agreement between the City of South San Francisco and the South San Francisco Chapter of the American Federation of State, County, and Municipal Employees (AFSCME), Local 1569 RECOMMENDATION Adopt a resolution authorizing the City Manager to sign an agreement extension with the South San Francisco Chapter of American Federation of State, County, and Municipal Employees, (AFSCME) Local 1569. This union is the recognized bargaining agency for a diverse group of municipal staff in the City. BACKGROUND After four months of contract negotiations with the South San Francisco AFSCME bargaining team, agreement has been reached on an extension to the current contract. Based on Council's direction, a salary program has been agreed upon, as well enhancements to retirement benefits. The attached Exhibit summarizes the proposed salary and benefit changes. A side letter agreement to the current Memorandum of Understanding document will be prepared, subject to review and approval of the City Attorney, which incorporates these agreed-upon terms and conditions of employment. By: Jj~fi~ifer A. Bower Direc~r of Human Resources Michael A. Wilson City Manager Attachments Exhibit A JAB-08/08/02 F:~ile CabinetkEERelationsXAFSCME~02 Negofiations\CouncilXFinal Resolution 2.doc Exhibit A AFSCME, Local 1569 Salary and Benefits 1. Extend the current agreement by three years, ending 06/30/2006. 2. Modify retirement benefits to provide 2.7% retirement formula at age 55 benefit by the payperiod including 6/30/03 by PERS or alternate retirement system. 3. Provide that if legislation is enacted for the dispatch staff to modify PERS retirement benefits from miscellaneous to safety. 4. Adjust compensation by standard comparison agencies total compensation salary survey in each year of the extended agreement. 5. Increase standby compensation by $25 in each year of the extended agreement year. 6. Eliminate all remaining paid family care leave by 6/30/03. 7. Provide for a small labor-management committee to review compensation agencies and comparison data each year prior to actual survey being conducted. RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE SOUTH SAN FRANCISCO CHAPTER OF AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 1569 WHEREAS, the City desire to enter into an agreement with the Chapter of American Federation of State, County, and Municipal Employees, Local 1569. WHEREAS, the attached Exhibit A summarizes the proposed salary and benefit changes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes an agreement between the City of South San Francisco and the South San Francisco Chapter of American Federation of State, County, and Municipal Employees. BE IT, FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreements 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 regular meeting held on the day of ,2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: F:'d'fle cabinet\Current Reso's\8-14AFSCME.RES.doc ATTEST: City Clerk StaffReport DATE: TO: FROM: SUBJECT: August 14, 2002 Honorable Mayor and City Council Jennifer A. Bower, Director of Human Resources Resolution Approving Agreement between the City of South San Francisco and the Public Safety Managers Unit RECOMMENDATION Adopt a resolution authorizing the City Manager to sign an agreement with the South San Francisco Public Safety Managers Unit. BACKGROUND After several months of contract negotiations with the South San Francisco Public Safety Managers unit an understanding has been reached on a new agreement. A salary program has been agreed upon, as well as some changes to working conditions and benefits. The attached Exhibit A summarizes the proposed salary and benefit changes. A new Compensation Plan/Memorandum of Agreement document has been prepared, reviewed, and approved by the City Attorney, which incorporates all terms and conditions of employment previously approved by the City Council. Dffector of Human Resources City Manager Attachments: Exhibit A JAB-08/08/02 F:~ile Cabiaet~EERelafions~PSlVB01 Negotiatons\Council~inal Resolution. doc Exhibit A Public Safety Managers Unit Salary and Benefits 1. Agreement - Three-year agreement from 1/1/02 through 12/31/04 with a possible 3-year extenslon if retiree spouse medical is added during the life of the agreement. 2. PERS Retirement enhancement - Include any retirement enhancements per for their respective public safety units: implement Pre-retirement Optional Settlement 2 Death Benefit by 12/1/02 for fire members. Provide 3% at age 50 retirement benefit as per their respective public safety units: Police by the payperiod including 1/1/03 and for fire by the payperiod including 12/1/02. 3. Compensation - Adjust salaries main for respective public safety units, effective 7/1 of each year for COLAs and retroactive to 7/1 or 1/1 of each year depending on respecting public safety unit (police normally 1/1; fire normally 7/1) for surveys. To ensure an adequate salary spread, the top step of the salary schedule for the Police Lieutenant classification, including all incentives, shall be no less than 15% above the top step of the Police Sergeant classification, including all incentives. The Police Lieutenant and the Police Captain classifications shall maintain the same salary spread as in place now. 4. Paid Family Care Leave - Reduce paid family care leave for 56-hour employees to 24 hours beginning the payperiod including 9/1/02, and eliminating all paid family care leave with the payperiod beginning 1/1/03. 40-hour employees leaves are 16 hours beginning 9/1/02 and all are eliminated by 1/1/03. 5. Specialty Pay Program - establish a specialty pay program with specific criteria for Battalion Chiefs and Police Lieutenants positions in which they may work extra shifts and be compensated at 1.5 times their actual hourly rate of pay for those shifts. The respective department head will determine specific shifts that qualify for this program. 6. Holiday Compensation - Monday through Friday Police Lieutenants and Battalion Chiefs, who would normally not work holidays, may actually work additional 8-hour holidays each year for straight time compensation as determined by their respective chiefs. 7. Domestic Partner Benefits - By 9/1/02, if there are no increases in direct costs and as provided by law, the City will provide domestic partner benefits to this Unit. 8. Dental - provide for Side Letter to allow members to explore by 1/1/03 the possibility of modifying dental benefits to that afforded IAFF members. In order to adjust for the costs of an enhanced dental program, the entire unit must exchange short-term and long-term disability providers to the same provider as IAFF, and must reduce or eliminate City-offered life insurance. 9. Vision Insurance - By 9/1, adjust vision benefits to provide for tint lenses. 10. Provide for Side Letter to add retiree spouse medical benefit. In the event the City institutes a retiree spouse medical plan for any other City unit, such plan will also be available for the PSM unit. The City and the PSM Unit will met to discuss the components of the plan, and if the PSM unit wishes to participate in the program under the same terms as the other unit, the PSM MOU will then expire 3 years after its original expiration date. 11. 2/4 Work Schedule -consistent with their direct reports for fire members. 12. Continue Uniform Allowance with adjustments as for their respective public safety units. 13. Language - modify language in the following areas: · Add Sick Leave as Family Care Leave as required by law. Adjust Pregnancy Disability Leave and Childcare Leave to be consistent with law. · Modify Sick Leave Management Plan. · Modify Sick Leave Conversion, Vacation Conversion, and Sick Leave Charged. · Adjust Bereavement Leave for consistency with respective units. · Adjust MOU format, such as grouping like sections together. JAB-08/08/02 F:\File CabinetXEERelationsWSIvl~ 1 Negotiatons\Council~inal Resolution.doc RESOLUTION NO. C1TY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE PI ~BI ,IC SAFETY MANAGERS l INIT WHEREAS, the City desire to enter into an agreement with the Public Safety Manager Unit; and WHEREAS, the attached Exhibit A summarizes the proposed salary and benefit changes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes an agreement between the City of South San Francisco and the Public Safety Mangers Unit. BE IT, FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreements 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 regular meeting held on the day of ,2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk F:Xfile cabinet\Current Reso's\8-14public.safety.managers.res.doc StaffReport DATE: TO: FROM: SUBJECT: August 14, 2002 The Honorable Mayor and City Council Director of Public Works Oyster Point Grade Separation Phases 11 & m- PG&E Utility Relocation Agreements RECOMMENDATION: It is recommended that City Council adopt a resolution to allow the City Manager to enter into agreements with PG&E for cost sharing incurred for relocation of electrical utilities. BACKGROUND/DISCUSSION: The construction of Phase III/Hook Ramps necessitates that PG&E's 230KV transmission facilities within the City's limits be relocated. The agreement identifies cost and responsibilities related to the work. Utility relocation agreements related to construction are predicated on equal cost sharing. At the City Council Meeting of June 26, 2002, Council authorized the City Manager to enter into an agreement with PG&E relating to the agreements enclosed with this staff report (resolution #56- 2002). Subsequently, the utility relocation requires the execution of eight separate agreements in order to maintain conformity. It is recommended that resolution # 56-2002 from the City Council meeting of June 26, 2002 be rescinded and incorporated into the attached eight separate agreements enclosed. Utility Agreement Number Total Utility Agreement Amount City Share of Utility Cost 1543.1.1 $ 187,000.00 $ 93,500.00 1543.1.2 $1,970,000.00 $ 985,000.00 1543.1.3 $ 16,875.00 $ 8,437.50 1543.1.4 $ 2,875.00 $ 1,437.50 (reso56-2002 rescinded) 1543.2.1 $5,364,160.00 $2,682,080.00 1543.2.2 $ 20,625.00 $ 10,312.50 1543.2.3 $ 2,875.00 $ 1,437.50 1543.2.4 $ 78,000.00 $ 39,000.00 Total Agreement Amounts $7,642,410.00 $3,821,205.00 Staff Report To~ Re: Date: The Honorable Mayor and City Council Oyster Point Grade Separation Phases II & m- PG&E Utility Relocation Agreement August 14, 2002 Page: 2 of 2 FUNDING: These items are budget line items in the construction of Oyster Point Phase III/Hook Ramps funded by San Mateo County Transportation Authority (SMCTA) and the City of South San Francisco. The project is authorized in the Capital Improvement Program (CIP). The cost sharing agreements are pursuant to section 9(A) of the master agreement between Cal-Trans and PG&E dated April 16, 1952. The City Attorney's office has revised the agreements as to form. John Git Directo~ of Public Works Ap proved :~VB~~ ~~il~s 0 ~~~ City Manager ATTACHMENT: lG/ed Resolution 8 Utility Agreements RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING AGREEMENTS BETWEEN PACIFIC GAS & ELECTRIC AND THE CITY OF SOUTH SAN FRANCISCO FOR COST SHARING INCURRED FOR THE RELOCATION OF ELECTRICAL UTILITIES WHEREAS, the construction of Phase m/Hook Ramps necessitates that Pacific Gas and Electric's 230KV transmission facilities within the City's limits be relocated; and WHEREAS, it is recommended that the City enter into cost sharing agreements with Pacific Gas and Electric for the Electrical Utilities Relocation Project; and WHEREAS, the cost sharing agreements are pursuant to Section 9(A) of the master agreement between Cal-Trans and Pacific Gas and Electric dated April 16, 1952; and WHEREAS, the project is authorized in the 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 agreements between Pacific Gas & Electric and the City of South San Francisco for cost sharing incurred for the relocation of electrical utilities. BE IT, FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreements 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 regular meeting held on the day of ,2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: \WIULDER\VGATYRELL'dile cabinet\Current Reso's\6-26PG&E.agree.res.doc City Clerk CITY OF SOUTH SAN FRANCICO UTILITY AGREEMENT Page 1 of 5 Dist. County Route P.M.(KP) E.A. 4 SM US101 36.2\38.0 254901 Fed. Aid. No. n/a Owner's File #7041929 FEDERAL PARTICIPATION: On the Project [ ] Yes [x] No On the Utilities [ ] Yes [x] No UTILITY AGREEMENT NO.1543.1.1 DATE: June 17, 2002 The CITY OF SOUTH SAN FRANCISCO, hereinafter called "CITY", acting by and through the State of California Department of Transportation, proposes to construct a realignment of Bayshore Blvd. from .Sister Cities Boulevard to approximately 1000 meters north of Sister Cities Boulevard. PACIFIC GAS AND ELECTRIC, hereinafter called "OWNER", owns and maintains fiber optic communication facilities within the limits of CITY's project which require relocation to accommodate realignment of the roadway. It is hereby mutually agreed that: I. WORK TO BE DONE' In accordance with Notice to Owner No.1543.1.1 dated 4/24/02, OWNER shall relocate said utility facilities. All work shall be performed substantially in accordance with OWNER's Utility Plan No 7041929, a copy of which is on file in the City of South San Francisco, 400 Grand Avenue, South San Francisco, CA 94080 and also at District Office of the Department of Transportation, 111 Grand Avenue, Oakland, CA 94612-3771. Minor deviations from the above-described work may be made and incidental work may be performed by CITY's Contractor when mutually acceptable to both parties and upon approval of the CITY. Deviations from the OWNER's plan described above, initiated by either the CITY or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the CITY and acknowledged by the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to receipt by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner." UTILITY AGREEM, ~T No.1543.1.1 (Cont'd) Page 2 of 5 II. LIABILITY FOR WORK The cost of relocation for OWNER's utility facilities, as described in Section I above, shall be 50 percent OWNER expense and 50 percent CITY, pursuant to Section 9(A) of the Master Agreement between Caltrans and Pacific Gas and Electric dated April 16, 1952, as amended. Total Estimated Cost ............................................................. $187,000.00 Total Estimated CITY Liability,(50%) .......................................... $ 93,500.00 Total Estimated PG&E liability, (50%) ........................................ $ 93,500.00 III. PERFORMANCE OF WORK OWNER or OWNER's contractor shall perform all phases of the relocation work required under this Agreement and is to coordinate said work with the CITY and CITY's contractor(s). OWNER shall be obligated to inform CITY's designated representative of the scheduled date and time of the relocation work. All work shall be performed under the direction of CITY's Engineer as shown on the Notice to Owner. CITY shall have access to all phases of the work to be performed by OWNER's contractor to ensure that the work is performed safely and accurately. Owner's Forces or Continuinq Contractor Performs Work: OWNER agrees to perform the herein-described work with its own forces or to cause the herein-described work to be performed by the OWNER's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion. IV. PAYMENT FOR WORK Owner Operates Under PUC or FCC Rules: The CITY shall pay its share of the actual cost of the herein described work within 90 days after receipt of OWNER's itemized bill in quintuplicate, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission or Federal Communications Commission, whichever is applicable. It is understood and agreed that the CITY will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to the CITY for all accrued depreciation on the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills for costs incurred not to exceed OWNER's UTILITY AGREEML_ ~T No.1543.1.1 (Cont'd) Page 3 of 5 recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by CITY of documentation suppoding the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The OWNER shall submit a final bill to the CITY within 360 days after the completion of the work described in Section I. above. If the CITY has not received a final bill within 360 days after notification of completion of OWNER's work described in Section I. of this Agreement, and CITY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities, CITY will provide written notification to OWNER of its intent to close its file within 30 days and OWNER hereby acknowledges~ to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, the CITY shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER. If the final bill exceeds the OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said reviSed Notice to Owner shall suffice as documentation. In any event, if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this agreement prior to the payment of the OWNER's final bill. Any and all increases in costs that are the direct result of material deviation from the work described in Section I of this Agreement shall have the prior concurrence of the CITY. Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the final bill and will be available for audit by CITY, State and/or Federal auditors. Owner agrees to comply with audit principles and standards as set forth in 48 CFR, Chapter 1, Part 31. UTILITY AGREEM _.,IT No.1543.1.1 (Cont'd) Page 4 of 5 V. GENERAL CONDITIONS Neither OWNER nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, CITY or its contractor(s) shall fully defend, indemnify and save harmless the OWNER, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. It is understood and agreed that, OWNER shall defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. All costs accrued by OWNER as a result of CITY's request of June 4, 1998 to review, study and/or prepare plans and estimates for the work associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. If CITY's project, which precipitated this Agreement, is canceled or modified so as to eliminate the necessity of work by CITY's contractor, CITY will notify OWNER in writing and CITY reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. OWNER shall submit a Notice of Completion to the CITY within 30 days of the completion of the work described herein. UTILITY AGREEML ,T No. 1543.1.1 (Cont'd) Page 5 of 5 THE ESTIMATED COST TO CITY FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $ 93,500.00 CERTIFICATION OF FUNDS I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure shown here. John Gibbs, Director of Public Works IDate 4-24-02 FUND TYPE AMOUNT City & SMCTA $93,500.00 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. City of South San Francisco Pacific Gas and Electric By: By: Mike Wilson, City Manager Date APPROVAL RECOMMENDED: Carl Horikoshi, Land Services Supervisor Date By: By: Steve Mattas, City Attorney Date David Klm, Program Manager Date CITY OF SOUTH SAN FRAhlCICO UTILITY AGREEMENT Page 1 of 5 Dist. County Route P.M.(KP) E.A. 4 SM US101 36.2\38.0 254901 Fed. Aid. No. n/a Owner's File #7017908 FEDERAL PARTICIPATION: On the Project [] Yes [x] No On the Utilities [ ] Yes [x] No UTILITY AGREEMENT NO.1543.1.2 DATE: June 17, 2002 The CITY OF SOUTH SAN FRANCISCO, hereinafter called "CITY", acting by and through the State of California Department of Transportation, proposes to construct a realignment of Bayshore Blvd. from Sister Cities Boulevard to approximately 1000 meters north of Sister Cities Boulevard. PACIFIC GAS AND ELECTRIC, hereinafter called "OWNER", owns and maintains 600mm gas transmission facilities within the limits of CITY's project which require relocation to accommodate realignment of the roadway. It is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to Owner No.1543.1.2 dated 4/24/02, OWNER shall relocate said utility facilities. All work shall be performed substantially in accordance with OWNER's Utility Plan No 7017908, a copy of which is on file in the City of South San Francisco, 400 Grand Avenue, South San Francisco, CA 94080 and also at District Office of the Department of Transportation, 111 Grand Avenue, Oakland, CA 94612-3771. Minor deviations from the above-described work may be made and incidental work may be performed by CITY's Contractor when mutually acceptable to both parties and upon approval of the CITY. Deviations from the OWNER's plan described above, initiated by either the CITY or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the CITY and acknowledged by the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to receipt by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner." UTILITY AGREEML. T No.1543.1.2 (Cont'd) Page 2 of 5 II. LIABILITY FOR WORK The cost of relocation for OWNER's utility facilities, as described in Section I above, shall be 50 percent OWNER expense and 50 percent CITY, pursuant to Section 9(A) of the Master Agreement between Caltrans and Pacific Gas and Electric dated April 16, 1952, as amended. Total Estimated Cost .......................................................... $1,970,000.00 Total Estimated CITY Liability,(50%) ....................................... $ 985,000.00 Total Estimated PG&E liability, (50%) ..................................... $ 985,000.00 III. PERFORMANCE OF WORK OWNER or OWNER's contractor shall perform all phases of the relocation work required under this Agreement and is to coordinate said work with the CITY and CITY's contractor(s). OWNER shall be obligated to inform CITY's designated representative of the scheduled date and time of the relocation work. All work shall be performed under the direction of CITY's Engineer as shown on the Notice to Owner. CITY shall have access to all phases of the work to be performed by OWNER's contractor to ensure that the work is performed safely and accurately. Owner's Forces or Continuinq Contractor Performs Work: "OWNER agrees to perform the herein-described work with its own forces or to cause the herein-described work to be performed by the OWNER's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion." IV. PAYMENT FOR WORK Owner Operates Under PUC or FCC Rules: "The CITY shall pay its share of the actual cost of the herein described work within 90 days after receipt of OWNER's itemized bill in quintuplicate, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission or Federal Communications Commission, whichever is applicable. "It is understood and agreed that the CITY will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to the CITY for all accrued depreciation on the replaced facilities and for the salvage value of any material or pads salvaged and retained or sold by OWNER." "Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills for costs incurred not to exceed OWNER's UTILITY AGREEML. No. 1543.1.2 (Cont'd) Page 3 of 5 recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by CITY of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement." "The OWNER shall submit a final bill to the CITY within 360 days after the completion of the work described in Section I. above. If the CITY has not received a final bill within 360 days after notification of completion of OWNER's work described in Section I. of this Agreement, and CITY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities, CITY will provide written notification to OWNER of its intent to close its file within 30 days and OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned." "The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, the CITY shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER. If the final bill exceeds the OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation." In any event, if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this agreement prior to the payment of the OWNER's final bill. Any and all increases in costs that are the direct result of material deviation from the work described in Section I of this Agreement shall have the prior concurrence of the CITY. "Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the final bill and will be available for audit by CITY, State and/or Federal auditors. Owner agrees to comply with audit principles and standards as set forth in 48 CFR, Chapter 1, Part 31 ." UTILITY AGREEM..,IT No. 1543.1.2 (Cont'd) Page 4 of 5 V. GENERAL CONDITIONS Neither OWNER nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, CITY or its contractor(s) shall fully defend, indemnify and save harmless the OWNER, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. It is understood and agreed that, OWNER shall defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. All costs accrued by OWNER as a result of CITY's request of June 4, 1998 to review, study and/or prepare plans and estimates for the work associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. If CITY's project, which precipitated this Agreement, is canceled or modified so as to eliminate the necessity of work by CITY's contractor, CITY will notify OWNER in writing and CITY reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. OWNER shall submit a Notice of Completion to the CITY within 30 days of the completion of the work described herein. UTILITY AGREEML, IT No.1543.1.2 (Cont'd) Page 5 of 5 THE ESTIMATED COST TO CITY FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $ 985,000.00 CERTIFICATION OF FUNDS I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure shown here. John Gibbs, Director of Public Works IDate 4-24-02 FUND TYPE AMOUNT City & SMCTA $985,000.00 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. City of South San Francisco Pacific Gas and Electric By: By: Mike Wilson, City Manager Date APPROVAL RECOMMENDED: Carl Horikoshi, Land Services Supervisor Date By: By: Steve Mattas, City Attorney Date David Kim, Program Manager Date CITY OF SOUTH S.~N FRANClCO UTILITY AGREEMENT Page 1 of 5 Dist. County Route P.M.(KP) E.A. 4 SM US101 36.2\38.0 254901 Fed. Aid. No. n/a Owner's File #7017908 FEDERAL PARTICIPATION: On the Project [ ] Yes [x] No On the Utilities [ ] Yes [x] No UTILITY AGREEMENT NO.1543.1.3 DATE: June 17, 2002 The CITY OF SOUTH SAN FRANCISCO, hereinafter called "CITY", acting by and through the State of California Department of Transportation, proposes to construct a realignment of Bayshore Blvd. from Sister Cities Boulevard to approximately 1000 meters north of Sister Cities Boulevard. PACIFIC GAS AND ELECTRIC, hereinafter called "OWNER", owns and maintains 600mm gas transmission facilities within the limits of CITY's project which require relocation to accommodate realignment of the roadway. It is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to Owner No.1543.1.3 dated 4/24/02, CITY shall provide construction surveying and staking services for said utility facilities. All work shall be performed substantially in accordance with OWNER's Utility Plan No 7017908, a copy of which is on file in the City of South San Francisco, 400 Grand Avenue, South San Francisco, CA 94080 and also at District Office of the Department of Transportation, 111 Grand Avenue, Oakland, CA 94612-3771. Minor deviations from the above-described work may be made and incidental work may be performed by CITY's Contractor when mutually acceptable to both parties and upon approval of the CITY. Deviations from the OWNER's plan described above, initiated by either the CITY or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the CITY and acknowledged by the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to receipt by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. UTILITY AGREEM No.1543.1.3 (Cont'd) Page 2 of 5 II. LIABILITY FOR WORK The cost of construction surveying and staking services for OWNER's utility facilities, as described in Section I above, shall be 50 percent OWNER expense and 50 percent CITY, pursuant to Section 9(A) of the Master Agreement between Caltrans and Pacific Gas and Electric dated April 16, 1952, as amended. Total Estimated Cost .......................................................... $16,875.00 Total Estimated CITY Liability,(50%) ....................................... $ 8,437.50 Total Estimated PG&E liability, (50%) ...................................... $ 8,437.50 II1. PERFORMANCE OF WORK CITY or CITY's contractor shall perform all phases of the construction surveying and staking work required under this Agreement and is to coordinate said work with the OWNER and OWNER's contractor(s). CITY shall be obligated to inform OWNER's designated representative of the scheduled date and time, of the survey work. All work shall be performed under the direction of CITY's Engineer as shown on the Notice to Owner. OWNER shall have access to all phases of the work to be performed by CITY's contractor to ensure that the work is performed safely and accurately. CITY agrees to perform the herein-described work with its own forces or to cause the herein-described work to be performed by the CITY's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion. IV. PAYMENT FOR WORK Owner Operates Under PUC or FCC Rules: "The OWNER shall pay its share of the actual cost of the herein described work within 90 days after receipt of CITY's itemized bill in quintuplicate, signed by a responsible official of CITY and prepared on CITY's letterhead, compiled on the basis of the actual cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission or Federal Communications Commission, whichever is applicable. It is understood and agreed that the CITY will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to the CITY for all accrued depreciation on the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. UTILITY AGREEM~. ~T No.1543.1.3 (Cont'd) Page 3 of 5 Not more frequently than once a month, but at least quarterly, CITY will prepare and submit progress bills for costs incurred not to exceed CITY's recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by OWNER of documentation suppoding the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The CITY shall submit a final bill to the OWNER within 360 days after the completion of the work described in Section I. above. If the OWNER has not received a final bill within 360 days after notification of completion of CITY's work described in Section I. of this Agreement, and CITY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities, OWNER will provide written notification to CITY of its intent to close its file within 30 days and CITY hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, the OWNER shall not pay final bills which exceed the estimated cost of this Agreement without. documentation of the reason for the increase of said cost from the CITY. If the final bill exceeds the CITY's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In any event, if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this agreement prior to the payment of the CITY's final bill. Any and all increases in costs that are the direct result of material deviation from the work described in Section I of this Agreement shall have the prior concurrence of the OWNER. Detailed records from which the billing is compiled shall be retained by the CITY for a period of three years from the date of the final bill and will be available for audit by OWNER, State and/or Federal auditors. CITY agrees to comply with audit principles and standards as set forth in 48 CFR, Chapter 1, Part 31. UTILITY AGREEML ,T No. 1543.1.3 (Cont'd) Page 4 of 5 V. GENERAL CONDITIONS Neither OWNER nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, CITY or its contractor(s) shall fully defend, indemnify and save harmless the OWNER, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. It is understood and agreed that, OWNER shall defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. All costs accrued by OWNER as a result of CITY's request of June 4, 1998 to review, study and/or prepare plans and estimates for the work associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. If CITY's project, which precipitated this Agreement, is canceled or modified so as to eliminate the necessity of work by CITY's contractor, CITY will notify OWNER in writing and CITY reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. CITY shall submit a Notice of Completion to the OWNER within 30 days of the completion of the work described herein. UTILITY AGREEML ,T No.1543.1.3 (Cont'd) Page 5 of 5 THE ESTIMATED COST TO CITY FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $ 8,437.50 CERTIFICATION OF FUNDS I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure shown here. John Gibbs, Director of Public Works I Date 4-24-02 I FUND TYPE AMOUNT City & SMCTA $8,437.50 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. City of South San Francisco Pacific Gas and Electric By: By: Mike Wilson, City Manager Date APPROVAL RECOMMENDED: Carl Horikoshi, Land Services Supervisor Date By: By: Steve Mattas, City Attorney Date David Kim, Program Manager Date CITY OF SOUTH SAN FFiANCICO UTILITY AGREEMENT Page I of 5 Dist. County Route P.M.(KP) E.A. 4 SM US101 36.2\38.0 254901 Fed. Aid. No. n/a Owner's File #7017908 FEDERAL PARTICIPATION: On the Project [ ] Yes [x] No On the Utilities [ ] Yes [x] No UTILITY AGREEMENT NO.1543.1.4 DATE: June 17, 2002 The CITY OF SOUTH SAN FRANCISCO, hereinafter called "CITY", acting by and through the State of California Department of Transportation, proposes to construct a realignment of Bayshore Blvd. from Sister Cities Boulevard to approximately 1000 meters north of Sister Cities Boulevard. PACIFIC GAS AND ELECTRIC, hereinafter called "OWNER", owns and maintains 600mm gas transmission facilities within the limits of CITY's project which require relocation to accommodate realignment of the roadway. It is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to Owner No.1543.1.4 dated 4/24/02, CITY shall provide pothole and underground surveying services for said utility facilities. All work shall be performed substantially in accordance with OWNER's Utility Plan No 7017908, a copy of which is on file in the City of South San Francisco, 400 Grand Avenue, South San Francisco, CA 94080 and also at District Office of the Department of Transportation, 111 Grand Avenue, Oakland, CA 94612-3771. Minor deviations from the above-described work may be made and incidental work may be performed by CITY's Contractor when mutually acceptable to both parties and upon approval of the CITY. Deviations from the OWNER's plan described above, initiated by either the CITY or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the CITY and acknowledged by the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to receipt by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. UTILITY AGREEME,,T No.1543.1.4 (Cont'd) Page 2 of 5 II. LIABILITY FOR WORK The cost of potholing and underground surveying services for OWNER's utility facilities, as described in Section I above, shall be 50 percent OWNER expense and 50 percent CITY, pursuant to Section 9(A) of the Master Agreement between Caltrans and Pacific Gas and Electric dated April 16, 1952, as amended. Total Estimated Cost .......................................................... $2,875.00 Total Estimated CITY Liability,(50%) ....................................... $1,437.50 Total Estimated PG&E liability, (50%) ...................................... $1,437.50 III. PERFORMANCE OF WORK CITY or CITY's contractor shall perform all phases of the potholing and underground surveying services required under this Agreement and is to coordinate said work with the OWNER and OWNER's contractor(s). CITY shall be obligated to inform OWNER's designated representative of the scheduled date and time of the survey work. All work shall be performed under the direction of CITY's Engineer as shown on the Notice to Owner. OWNER shall have access to all phases of the work to be performed by CITY's contractor to ensure that the work is performed safely and accurately. CITY agrees to perform the herein-described work with its own forces or to cause the herein-described work to be performed by the CITY's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion. IV. PAYMENT FOR WORK Owner Operates Under PUC or FCC Rules: "The OWNER shall pay its share of the actual cost of the herein described work within 90 days after receipt of CITY's itemized bill in quintuplicate, signed by a responsible official of CITY and prepared on CITY's letterhead, compiled on the basis of the actual cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission or Federal Communications Commission, whichever is applicable. It is understood and agreed that the CITY will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to the CITY for all accrued depreciation on the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. UTILITY AGREEME. ,'1' No. 1543.1.4 (Cont'd) Page 3 of 5 Not more frequently than once a month, but at least quarterly, CITY will prepare and submit progress bills for costs incurred not to exceed CITY's recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by OWNER of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the padies to this Agreement. The CITY shall submit a final bill to the OWNER within 360 days after the completion of the work described in Section I. above. If the OWNER has not received a final bill within 360 days after notification of completion of CITY's work described in Section I. of this Agreement, and CITY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities, OWNER will provide written notification to CITY of its intent to close its file within 30 days and CITY hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, the OWNER shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the CITY. If the final bill exceeds the CITY's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In any event, if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this agreement prior to the payment of the CITY's final bill. Any and all increases in costs that are the direct result of material deviation from the work described in Section I of this Agreement shall have the prior concurrence of the OWNER. Detailed records from which the billing is compiled shall be retained by the CITY for a period of three years from the date of the final bill and will be available for audit by OWNER, State and/or Federal auditors. CITY agrees to comply with audit principles and standards as set forth in 48 CFR, Chapter 1, Part 31. UTILITY AGREEME,. I' No. 1543.1.4 (Cont'd) Page 4 of 5 V. GENERAL CONDITIONS Neither OWNER nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, CITY or its contractor(s) shall fully defend, indemnify and save harmless the OWNER, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. It is understood and agreed that, OWNER shall defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. All costs accrued by OWNER as a result of CITY's request of June 4, 1998 to review, study and/or prepare plans and estimates for the work associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. If CITY's project, which precipitated this Agreement, is canceled or modified so as to eliminate the necessity of work by CITY's contractor, CITY will notify OWNER in writing and CITY reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. CITY shall submit a Notice of Completion to the OWNER within 30 days of the completion of the work described herein. UTILITY AGREEML, No.1543.1.4 (Cont'd) Page 5 of 5 THE ESTIMATED COST TO CITY FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $1,437.50 CERTIFICATION OF FUNDS I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure shown here. Director of Public Works I Date 4-24-02 John Gibbs, I FUND TYPE AMOUNT City & SMCTA $1,437.50 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. · City of South San Francisco Pacific Gas and Electric By: By: Mike Wilson, City Manager Date APPROVAL RECOMMENDED: Carl Horikoshi, Land Services Supervisor Date By: By: Steve Mattas, City Attorney Date David Klm, Program Manager Date CITY OF SOUTH SAN FRANCICO UTILITY AGREEMENT Page 1 of 5 Dist. County Route P.M.(KP) E.A. 4 SM US101 36.2\38.0 254901 Fed. Aid. No. n/a Owner's File #7017445 FEDERAL PARTICIPATION: On the Project [ ] Yes [x] No On the Utilities [ ] Yes [x] No UTILITY AGREEMENT NO.1543.2.1 DATE: June 17, 2002 The CITY OF SOUTH SAN FRANCISCO, hereinafter called "CITY", acting by and through the State of California Department of Transportation, proposes to construct a realignment of Bayshore Blvd. from Sister Cities Boulevard to approximately 1000 meters north of Sister Cities Boulevard. PACIFIC GAS AND ELECTRIC, hereinafter called "OWNER", owns and maintains 250mm 230KV electric transmission facilities within the limits of CITY's project which require relocation to accommodate realignment of the roadway. It is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to Owner No.1543.2.1 dated 4/24/02, OWNER shall relocate said utility facilities. All work shall be performed substantially in accordance with OWNER's Utility Plan No 7017445, a copy of which is on file in the City of South San Francisco, 400 Grand Avenue, South San Francisco, CA 94080 and also at District Office of the Department of Transportation, 111 Grand Avenue, Oakland, CA 94612-3771. Minor deviations from the above-described work may be made and incidental work may be performed by CITY's Contractor when mutually acceptable to both parties and upon approval of the CITY. Deviations from the OWNER's plan described above, initiated by either the CITY or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the CITY and acknowledged by the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to receipt by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner." UTILITY AGREEML No.1543.2.1 (Cont'd) Page 2 of 5 II. LIABILITY FOR WORK The cost of relocation for OWNER's utility facilities, as described in Section I above, shall be 50 percent OWNER expense and 50 percent CITY, pursuant to Section 9(A) of the Master Agreement between Caltrans and Pacific Gas and Electric dated April 16, 1952, as amended. Total Estimated Cost .......................................................... $5,364,160.00 Total Estimated CITY Liability,(50%) ...................................... $ 2,682,080.00 Total Estimated PG&E liability, (50%) .................................... $ 2,682,080.00 III. PERFORMANCE OF WORK OWNER or OWNER's contractor shall perform all phases of the relocation work required under this Agreement and is to coordinate said work with the CITY and CITY's contractor(s). OWNER shall be obligated to inform CITY's designated representative of the scheduled date and time of the relocation work. All work shall be performed under the direction of CITY's Engineer as shown on the Notice to Owner. CITY shall have access to all phases of the work to be performed by OWNER's contractor to ensure that the work is performed safely and accurately. Owner's Forces or Continuinq Contractor Performs Work: "OWNER agrees to perform the herein-described work with its own forces or to cause the herein-described work to be performed by the OWNER's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion." IV. PAYMENT FOR WORK Owner Operates Under PUC or FCC Rules: "The CITY shall pay its share of the actual cost of the herein described work within 90 days after receipt of OWNER's itemized bill in quintuplicate, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission or Federal Communications Commission, whichever is applicable. "It is understood and agreed that the CITY will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to the CITY for all accrued depreciation on the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER." "Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills for costs incurred not to exceed OWNER's UTILITY AGREEME,, T No. 1543.2.1 (Cont'd) Page 3 of 5 recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by CITY of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement." "The OWNER shall submit a final bill to the CITY within 360 days after the completion of the work described in Section I. above. If the CITY has not received a final bill within 360 days after notification of completion of OWNER's work described in Section I. of this Agreement, and CITY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities, CITY will provide written notification to OWNER of its intent to close its file within 30 days and OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned." "The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, the CITY shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER. If the final bill exceeds the OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation." In any event, if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this agreement prior to the payment of the OWNER's final bill. Any and all increases in costs that are the direct result of material deviation from the work described in Section I of this Agreement shall have the prior concurrence of the CITY. "Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the final bill and will be available for audit by CITY, State and/or Federal auditors. Owner agrees to comply with audit principles and standards as set forth in 48 CFR, Chapter 1, Part 31 ." UTILITY AGREEMi-, iT No. 1543.2.1 (Cont'd) Page 4 of 5 V. GENERAL CONDITIONS Neither OWNER nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, CITY or its contractor(s) shall fully defend, indemnify and save harmless the OWNER, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. It is understood and agreed that, OWNER shall defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. All costs accrued by OWNER as a result of CITY's request of June 4, 1998 to review, study and/or prepare plans and estimates for the work associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. If CITY's project, which precipitated this Agreement, is canceled or modified so as to eliminate the necessity of work by CITY's contractor, CITY will notify OWNER in writing and CITY reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. OWNER shall submit a Notice of Completion to the CITY within 30 days of the completion of the work described herein. UTILITY AGREEML. ~T No. 1543.2.1 (Cont'd) Page 5 of 5 THE ESTIMATED COST TO CITY FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $ 2,682,080.00 CERTIFICATION OF FUNDS I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure shown here. John Gibbs, Director of Public Works I Date 4-24-02 FUND TYPE AMOUNT City & SMCTA $2,682,080.00 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. City of South San Francisco Pacific Gas and Electric By: By: Mike Wilson, City Manager Date APPROVAL RECOMMENDED: Carl Horikoshi, Land Services Supervisor Date By: By: Steve Mattas, City Attorney Date David Klm, Program Manager Date CITY OF SOUTH SAN FRANCICO UTILITY AGREEMENT Page I of 5 Dist. County Route P.M.(KP) E.A. 4 SM US101 36.2\38.0 254901 Fed. Aid. No. rea Owner's File #7017445 FEDERAL PARTICIPATION: On the Project [ ] Yes [x] No On the Utilities [ ] Yes [x] No UTILITY AGREEMENT NO.1543.2.2 DATE: June 17, 2002 The CITY OF SOUTH SAN FRANCISCO, hereinafter called "CITY", acting by and through the State of California Department of Transportation, proposes to construct a realignment of Bayshore Blvd. from Sister Cities Boulevard to approximately 1000 meters north of Sister Cities Boulevard. PACIFIC GAS AND ELECTRIC, hereinafter called "OWNER", owns and maintains 250mm 230kV electrical transmission facilities within the limits of CITY's project which require relocation to accommodate realignment of the roadway. It is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to Owner No.1543.2.2 dated 4/24/02, CITY shall provide construction surveying and staking services for said utility facilities. All work shall be performed substantially in accordance with OWNER's Utility Plan No 7017445, a copy of which is on file in the City of South San Francisco, 400 Grand Avenue, South San Francisco, CA 94080 and also at District Office of the Department of Transportation, 111 Grand Avenue, Oakland, CA 94612-3771. Minor deviations from the above-described work may be made and incidental work may be performed by CITY's Contractor when mutually acceptable to both parties and upon approval of the CITY. Deviations from the OWNER's plan described above, initiated by either the CITY or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the CITY and acknowledged by the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to receipt by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. UTILITY AGREEME., ]- No. 1543.2.2 (Cont'd) Page 2 of 5 I1. LIABILITY FOR WORK The cost of construction surveying and staking services for OWNER's utility facilities, as described in Section I above, shall be 50 percent OWNER expense and 50 percent CITY, pursuant to Section 9(A) of the Master Agreement between Caltrans and Pacific Gas and Electric dated April 16, 1952, as amended. Total Estimated Cost .......................................................... $20,625.00 Total Estimated CITY Liability,(50%) ....................................... $10,312.50 Total Estimated PG&E liability, (50%) ...................................... $10,312.50 III. PERFORMANCE OF WORK CITY or CITY's contractor shall perform all phases of the construction surveying and staking work required under this Agreement and is to coordinate said work with the OWNER and OWNER's contractor(s). CITY shall be obligated to inform OWNER's designated representative of the scheduled date and time of the survey work. All work shall be performed under the direction of CiTY's Engineer as shown on the Notice to Owner. OWNER shall have access to all phases of the work to be performed by CITY's contractor to ensure that the work is performed safely and accurately. CITY agrees to perform the herein-described work with its own forces or to cause the herein-described work to be performed by the CITY's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion. IV. PAYMENT FOR WORK Owner Operates Under PUC or FCC Rules: "The OWNER shall pay its share of the actual cost of the herein described work within 90 days after receipt of CITY's itemized bill in quintuplicate, signed by a responsible official of CITY and prepared on CITY's letterhead, compiled on the basis of the actual cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission or Federal Communications Commission, whichever is applicable. It is understood and agreed that the CITY will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to the CITY for all accrued depreciation on the replaced facilities and for the salvage value of any material or pads salvaged and retained or sold by OWNER. UTILITY AGREEML.,IT No.1543.2.2 (Cont'd) Page 3 of 5 Not more frequently than once a month, but at least quarterly, CITY will prepare and submit progress bills for costs incurred not to exceed CITY's recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by OWNER of documentation suppoding the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The CITY shall submit a final bill to the OWNER within 360 days after the completion of the work described in Section I. above. If the OWNER has not received a final bill within 360 days after notification of completion of CITY's work described in Section I. of this Agreement, and CITY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities, OWNER will provide written notification to CITY of its intent to close its file within 30 days and CITY hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, the OWNER shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the CITY. If the final bill exceeds the CITY's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In any event, if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this agreement prior to the payment of the CITY's final bill. Any and all increases in costs that are the direct result of material deviation from the work described in Section I of this Agreement shall have the prior concurrence of the OWNER. Detailed records from which the billing is compiled shall be retained by the CITY for a period of three years from the date of the final bill and will be available for audit by OWNER, State and/or Federal auditors. CITY agrees to comply with audit principles and standards as set forth in 48 CFR, Chapter 1, Part 31. UTILITY AGREEML, No. 1543.2.2 (Cont'd) Page 4 of 5 V. GENERAL CONDITIONS Neither OWNER nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, CITY or its contractor(s) shall fully defend, indemnify and save harmless the OWNER, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. It is understood and agreed that, OWNER shall defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. All costs accrued by OWNER as a result of CITY's request of June 4, 1998 to review, study and/or prepare plans and estimates for the work associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. If CITY's project, which precipitated this Agreement, is canceled or modified so as to eliminate the necessity of work by CITY's contractor, CITY will notify OWNER in writing and CITY reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. CITY shall submit a Notice of Completion to the OWNER within 30 days of the completion of the work described herein. UTILITY AGREEME,,IT No.1543.2.2 (Cont'd) Page 5 of 5 THE ESTIMATED COST TO CITY FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $10,312.50 CERTIFICATION OF FUNDS I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure shown here. John Gibbs, Director of Public Works IDate 4-24-02 FUND TYPE AMOUNT City & SMCTA $10,312.50 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. City of South San Francisco Pacific Gas and Electric By: By: Mike Wilson, City Manager Date APPROVAL RECOMMENDED: Carl Horikoshi, Land Services Supervisor Date By: By: Steve Mattas, City Attorney Date David Klm, Program Manager Date CITY OF SOUTH SAN FRANCICO UTILITY AGREEMENT Page 1 of 5 Dist. County Route P.M.(KP) E.A. 4 SM US101 36.2\38.0 254901 Fed. Aid. No. n/a Owner's File #7017445 FEDERAL PARTICIPATION: On the Project [ ] Yes [x] No On the Utilities [ ] Yes [x] No UTILITY AGREEMENT NO.1543.2.3 DATE: June 17, 2002 The CITY OF SOUTH SAN FRANCISCO, hereinafter called "CITY", acting by and through the State of California Department of Transportation, proposes to construct a realignment of Bayshore Blvd. from Sister Cities Boulevard to approximately 1000 meters north of Sister Cities Boulevard. PACIFIC GAS AND ELECTRIC, hereinafter called "OWNER", owns and maintains 250mm 230kV electrical transmission facilities within the limits of CITY's project which require relocation to accommodate realignment of the roadway. It is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to Owner No.1543.2.3 dated 4/24/02, CITY shall provide potholing and underground survey services for said utility facilities. All work shall be pedormed substantially in accordance with OWNER's Utility Plan No 7017445, a copy of which is on file in the City of South San Francisco, 400 Grand Avenue, South San Francisco, CA 94080 and also at District Office of the Department of Transportation, 111 Grand Avenue, Oakland, CA 94612-3771. Minor deviations from the above-described work may be made and incidental work may be performed by CITY's Contractor when mutually acceptable to both parties and upon approval of the CITY. Deviations from the OWNER's plan described above, initiated by either the CITY or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the CITY and acknowledged by the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to receipt by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. UTILITY AGREEME. No.1543.2.3 (Cont'd) Page 2 of 5 I1. LIABILITY FOR WORK The cost of potholing and underground survey services for OWNER's utility facilities, as described in section I above, shall be 50 percent OWNER expense and 50 percent CITY, pursuant to Section 9(A) of the Master Agreement between Caltrans and Pacific Gas and Electric dated April 16, 1952, as amended. Total Estimated Cost .......................................................... $2,875.00 Total Estimated CITY Liability,(50%) ....................................... $1,437.50 Total Estimated PG&E liability, (50%) ...................................... $1,437.50 III. PERFORMANCE OF WORK CITY or CITY's contractor shall perform all phases of the potholing and underground survey work required under this Agreement and is to coordinate said work with the OWNER and OWNER's contractor(s). CITY shall be obligated to inform OWNER's designated representative of the scheduled date and time of the survey work. All work shall be performed under the direction of CiTY's Engineer as shown on the Notice to Owner. OWNER shall have access to all phases of the work to be performed by CiTY's contractor to ensure that the work is performed safely and accurately. CITY agrees to perform the herein-described work with its own forces or to cause the herein-described work to be performed by the CITY's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion. IV. PAYMENT FOR WORK Owner Operates Under PUC or FCC Rules: "The OWNER shall pay its share of the actual cost of the herein described work within 90 days after receipt of CITY's itemized bill in quintuplicate, signed by a responsible official of CITY and prepared on CITY's letterhead, compiled on the basis of the actual cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission or Federal Communications Commission, whichever is applicable. It is understood and agreed that the CITY will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to the CITY for all accrued depreciation on the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. UTILITY AGREEME,,T No. 1543.2.3 (Cont'd) Page 3 of 5 Not more frequently than once a month, but at least quarterly, CITY will prepare and submit progress bills for costs incurred not to exceed CITY's recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by OWNER of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The CITY shall submit a final bill to the OWNER within 360 days after the completion of the work described in Section I. above. If the OWNER has not received a final bill within 360 days after notification of completion of CITY's work described in Section I. of this Agreement, and CITY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities, OWNER will provide written notification to CITY of its intent to close its file within 30 days and CITY hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, the OWNER shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the CITY. If the final bill exceeds the CITY's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In any event, if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this agreement prior to the payment of the CITY's final bill. Any and all increases in costs that are the direct result of material deviation from the work described in Section I of this Agreement shall have the prior concurrence of the OWNER. Detailed records from which the billing is compiled shall be retained by the CITY for a period of three years from the date of the final bill and will be available for audit by OWNER, State and/or Federal auditors. CITY agrees to comply with audit principles and standards as set forth in 48 CFR, Chapter 1, Part 31. UTILITY AGREEMF__, ,T No.1543.2.3 (Cont'd) Page 4 of 5 V. GENERAL CONDITIONS Neither OWNER nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, CITY or its contractor(s) shall fully defend, indemnify and save harmless the OWNER, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. It is understood and agreed that, OWNER shall defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. All costs accrued by OWNER as a result of CITY's request of June 4, 1998 to review, study and/or prepare plans and estimates for the work associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. If CITY's project, which precipitated this Agreement, is canceled or modified so as to eliminate the necessity of work by CITY's contractor, CITY will notify OWNER in writing and CITY reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. CITY shall submit a Notice of Completion to the OWNER within 30 days of the completion of the work described herein. UTILITY AGREEM ., IT No.1543.2.3 (Cont'd) Page 5 of 5 THE ESTIMATED COST TO CITY FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $1,437.50 CERTIFICATION OF FUNDS I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure shown here. John Gibbs, Director of Public Works I Date 4-24-02 FUND TYPE AMOUNT City & SMCTA $1,437.50 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. City of South San Francisco Pacific Gas and Electric By: By: Mike Wilson, City Manager Date APPROVAL RECOMMENDED: Carl Horikoshi, Land Services Supervisor Date By: By: Steve Mattas, City Attorney Date David Klm, Program Manager Date CITY OF SOUTH SAN FRANClCO UTILITY AGREEMENT Page 1 of 5 Dist. County Route P.M.(KP) E.A. 4 SM US101 36.2\38.0 254901 Fed. Aid. No. n/a Owner's File #7017445 FEDERAL PARTICIPATION: On the Project [ ] Yes [x] No On the Utilities [ ] Yes [x] No UTILITY AGREEMENT NO.1543.2.4 DATE: June 17, 2002 The CITY OF SOUTH SAN FRANCISCO, hereinafter called "CITY", acting by and through the State of California Department of Transportation, proposes to construct a realignment of Bayshore Blvd. from Sister Cities Boulevard to approximately 1000 meters north of Sister Cities Boulevard. PACIFIC GAS AND ELECTRIC, hereinafter called "OWNER", owns and maintains 250mm 230kV electrical transmission facilities within the limits of CITY's project which require relocation to accommodate realignment of the roadway. It is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to Owner No.1543.2.4 dated 4/24/02, CITY shall provide engineering design work for said utility facilities. All work shall be Performed substantially in accordance with OWNER's Utility Plan No 7017445, a copy of which is on file in the City of South San Francisco, 400 Grand Avenue, South San Francisco, CA 94080 and also at District Office of the Department of Transportation, 111 Grand Avenue, Oakland, CA 94612-3771. Minor deviations from the above-described work may be made and incidental work may be pedormed by CITY's Contractor when mutually acceptable to both parties and upon approval of the CITY. Deviations from the OWNER's plan described above, initiated by either the CITY or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the CITY and acknowledged by the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to receipt by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. UTILITY AGREEME, [' No.1543.2.4 (Cont'd) Page 2 of 5 II. LIABILITY FOR WORK The cost of engineering design services for OWNER's utility facilities, as described in Section I above, shall be 50 percent OWNER expense and 50 percent CITY, pursuant to Section 9(A) of the Master Agreement between Caltrans and Pacific Gas and Electric dated April 16, 1952, as amended. Total Estimated Cost .......................................................... $78,000.00 Total Estimated CITY Liability,(50%) ....................................... $39,000.00 Total Estimated PG&E liability, (50%) ...................................... $39,000.00 III. PERFORMANCE OF WORK CITY or CITY's contractor shall perform all phases of the engineering design work required under this Agreement and is to coordinate said work with the OWNER and OWNER's contractor(s). CITY shall be obligated to inform OWNER's designated representative of the scheduled date and time of the survey work. All work shall be performed under the direction of CITY's Engineer as shown on the Notice to Owner. OWNER shall have access to all phases of the work to be performed by CITY's contractor to ensure that the work is performed safely and accurately. CITY agrees to perform the herein-described work with its own forces or to cause the herein-described work to be performed by the CITY's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion. IV. PAYMENT FOR WORK Owner Operates Under PUC or FCC Rules: "The OWNER shall pay its share of the actual cost of the herein described work within 90 days after receipt of CiTY's itemized bill in quintuplicate, signed by a responsible official of CITY and prepared on CITY's letterhead, compiled on the basis of the actual cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission or Federal Communications Commission, whichever is applicable. It is understood and agreed that the CITY will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to the CITY for all accrued depreciation on the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, CITY will prepare and submit progress bills for costs incurred not to exceed CiTY's recorded costs UTILITY AGREEML. No.1543.2.4 (Cont'd) Page 3 of 5 as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by OWNER of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The CITY shall submit a final bill to the OWNER within 360 days after the completion of the work described in Section I. above. If the OWNER has not received a final bill within 360 days after notifica'tion of completion of CITY's work described in Section I. of this Agreement, and CITY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities, OWNER will provide written notification to CITY of its intent to close its file within 30 days and CITY hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, the OWNER shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the CITY. If the final bill exceeds the CITY's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In any event, if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this agreement prior to the payment of the CITY's final bill. Any and all increases in costs that are the direct result of material deviation from the work described in Section I of this Agreement shall have the prior concurrence of the OWNER. Detailed records from which the billing is compiled shall be retained by the CITY for a period of three years from the date of the final bill and will be available for audit by OWNER, State and/or Federal auditors. CITY agrees to comply with audit principles and standards as set forth in 48 CFR, Chapter 1, Part 31. UTILITY AGREEME~ I' No.1543.2.4 (Cont'd) Page 4 of 5 V. GENERAL CONDITIONS Neither OWNER nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anythin9 done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, CITY or its contractor(s) shall fully defend, indemnify and save harmless the OWNER, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. It is understood and agreed that, OWNER shall defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. All costs accrued by OWNER as a result of CITY's request of June 4, 1998 to review, study and/or prepare plans and estimates for the work associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. If CITY's project, which precipitated this Agreement, is canceled or modified so as to eliminate the necessity of work by CITY's contractor, CITY will notify OWNER in writing and CITY reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. CITY shall submit a Notice of Completion to the OWNER within 30 days of the completion of the work described herein. UTILITY AGREEMF_., T No. 1543.2.4 (Cont'd) Page 5 of 5 THE ESTIMATED COST TO CITY FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $39,000.00 CERTIFICATION OF FUNDS I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure shown here. John Gibbs, Director of Public Works I Date 4-24-02 FUND TYPE AMOUNT City & SMCTA $39,000.00 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. City of South San Francisco Pacific Gas and Electric By: By: Mike Wilson, City Manager Date APPROVAL RECOMMENDED: Carl Horikoshi, Land Services Supervisor Date By: By: Steve Mattas, City Attorney Date David Kim, Program Manager Date ort DATE: TO: FROM: SUBJECT: August 14, 2002 The Honorable Mayor and City Council Director of Public Works Solid Waste Disposal and Recycling Program: City and County Payment Program RECOMMENDATION: It is recommended that City Council adopt a resolution to accept funding provided by the Department of Conservation in the amount of $35,020.00 for the Solid Waste Disposal and Recycling Program. BA CKGROUND/DIS CUS SI ON: The Department of Conservation, Division of Recycling, Community Outreach Branch, Regional Recycling Assistance makes available funds to assist in recycling awareness. Public Works applied successfully for grant funds and was awarded $35,020.00. The outreach goals identified by the City of South San Francisco were as follows: increase in volume of recycled beverage containers by way of additional recycling bins in schools (K-12). Additionally, increasing volume by way of comprehensive public education pieces in multi-languages. South San Francisco Scavenger Company will be implementing the recycling program goals and disbursement of the grant funds. FUNDING: Funding for this project is through a grant provided by the Department of Conservation Division for Recycling in the amount of $35,020.00. The grant funds will be issued to the South San Francisco Scavenger Company for implementing the recycling program. Approved: ./'~~X~ John Gl Directc bbs '-~ r of Public Works Michael A. Wilson City Manager ATTACHMENTS: Resolution JG/ed RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE ACCEPTANCE OF FUNDS PROVIDED BY THE DEPARTMENT OF CONSERVATION IN THE AMOUNT OF $35,020 FOR THE SOLID WASTE DISPOSAL AND RECYCLING PROGRAM WHEREAS, the City recommends the acceptance of grant funds from the Department of Conservation in the amount of $35,020 for the Solid Waste Deposal and Recycling Program; and WHEREAS, the grand funds will be issued to the South San Francisco Scavenger Company for implementing the recycling program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco the City Council hereby authorizes the acceptance of funds provided by the Department of Conservation in the amount of $35,020 for the Solid Waste Disposal and Recycling Program. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the day of ,2002 by the following Vote: AYES: NOES: ABSTAIN: ABSENT: F:kt'ile cabinet\Current Reso's\8-14solidwaste.res.doc ATTEST: City Clerk DATE: TO: FROM: SUBJECT: August 14, 2002 Honorable Mayor and City Council Police Department EXTENSION OF THE SAN MATEO COUNTY ABANDONED VEHICLE SERVICE AUTHORITY SERVICE FEE RECOMMENDATION It is recommended that City Council adopt the attached Resolution approving the extension of the Abandoned Vehicle Abatement Program until April 2012. BACKGROUND/DISCUSSION: In 1990, Section 22710 was added to the California Vehicle code to allow for the creation of county- based vehicle service authorities to facilitate the abatement of abandoned vehicles on public and private land. In 1991 the San Mateo County Abandoned Vehicle Abatement Service Authority was formed and imposed a one-dollar annual vehicle registration fee on vehicles registered to an owner with an address in the County of San Mateo. Vehicle registration fees are collected by the Department of Motor Vehicles and allocated to the County of San Mateo AVAP pursuant to Vehicle Code Section 9250.7. The fees are then allocated to participating AVAP entities on the basis of population and geographic area and on the percentage of vehicles abated during the prior year in relation to the total vehicles abated by the AVAP as a whole. Current AVAP entities are the Cities of Belmont, Brisbane, Burlingame, Daly City, East Palo Alto, Foster City, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Portola Valley, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and Woodside, and the unincorporated County of San Mateo. For fiscal year 2001-2002, approximately $710,114 has been generated by the County of San Mateo. These funds have contributed to the abatement of 26,884. South San Francisco has received $64,020.95 for the abatement of 2,550 vehicles. South San Francisco has received a total of $347,060.67 over the past five years. Staff Report Subject: Page 2 Extension of the San Mateo County Abandoned Vehicle Service Authority Service Fee Authorization to collect $1 vehicle registration fee expired in April 2002. Statutes were recently amended, however, to allow service authorities to extend the vehicle registration fee every 10 years with the approval of two-thirds members of the County Board of Supervisors with subsequent confirmation by a majority of the cities comprising a majority of the incorporated population in the County. By: Approved: l~la[k l~affaelli ~ t' Chief of Police City Manager Attachment: Resolution RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION TO EXTEND THE SAN MATEO COUNTY ABANDONED VEHICLE SERVICE AUTHORITY VEHICLE REGISTRATION FEE l INTII, APRII, 2012 WHEREAS, the San Mateo County Abandoned Vehicle Abatement Program (AVAP) Service Authority was formed in 1991 pursuant to California Vehicle Code Section 22710; and WHEREAS, pursuant to California Vehicle Code Section 9250.7 the Service Authority imposes a one dollar ($1) annual service fee on motor vehicles registered to owners residing in San Mateo County; and WHEREAS, the $1 dollar service fee in fiscal year 2000-2001 generated $710,113.92 and contributed to the abatement of 26,884 abandoned vehicles in San Mateo County; and WHEREAS, $64,020.95 of the total AVA revenues has been received in South San Francisco; and WHEREAS, California Vehicle Code Section 9250.7 has been amended to allow for a ten (10) year extension of the AVAP service fee upon approval by two-thirds of the members of the County Board of Supervisors and subsequent confirmation by the city councils of majority of the incorporated cities in the County comprising a majority of the incorporated population; and WHEREAS, it is desirable to the residents of South San Francisco that the AVAP vehicle abatement program continue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council confirms that the $1 AVAP service fee shall be extended until April, 2012. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the day of ,2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: F:\file cabinet\Current Reso's\8 - 14abandoned.vehicle.res.doc City Clerk DATE: TO: FROM: SUBJECT: August 14, 2002 Honorable Mayor and City Council Police Department BUDGET AMENDMENT - LOCAL LAW ENFORCEMENT BLOCK GRANTS PROGRAM RECOMMENDATION It is recommended that City Council adopt the attached Resolution to amend the Police Department's current budget to include the $36,149 the Department will receive from the United States Department of Justice, Bureau of Justice Assistance. BACKGROUND/DISCUSSION The Omnibus FY 1996 Appropriations Act, (Public Law 104-134), authorized the Director of the Bureau of Justice assistance (BJA) to make funds available to units of local government under the Local Law Enforcement Block Grants Program (LLEBG). The purpose of the LLEBG Program is to reduce crime and improve public safety. These funds have been made available again for this year. Use of the LLEBG Program funds are clear and jurisdictions who are awarded the funds must meet a 10% Matching Funds Requirement. The funding category in "law enforcement support" lists hiring, training, overtime and equipment. An additional requirement of the LLEBG Program is to assemble an advisory board, whose membership includes representatives of groups with a recognized interest in criminal justice. As a result, the advisory board consisting of representation from the Police Department, Prosecutor's Office, Probation Department, School District and a local nonprofit group, met on July 24, 2002 to review the application for funding and to make non-binding recommendations to the Police Department for the use of funds received under this program. At that meeting the advisory board affirmed the Department's recommendation: the LLEBG Program funds would be used for overtime to continue our gang suppression efforts and our Downtown / Old Town Bicycle Program as well as the purchase of technology and equipment. To track expenditures, a special project referencing number will be established for the Local Law Enforcement Block Grant (LLEBG) Program Fund. Overtime: $16,149. Equipment: $20,000. Matching Funds: $4,017. Staff Report Subject: Budget Amendment - LLEBG Page 2 The matching funds will be transferred from our existing Patrol Overtime account #10-12720-4004 to the newly established special project referencing account. The grant allows us a two-year period to expend all funds. Therefore, any funds not used this year will be carried over to next year's budget. FUNDING There are no general fund obligations; the matching funds will be transferred from an existing departmental budget account. By: Mark Raffae~lii~/' Approved: Chief of Police City Manager Attachment: Resolution RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING AN AMENDMENT TO THE 2002-2003 OPERATING BUDGET (NO. 03-3) TO INCLUDE THE $36,149 GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, TO THE SOUTH SAN FRANCISCO POLICE DEPARTMENT WHEREAS, the Omnibus Fiscal Year 1996 Appropriations Act, (Public Law 104-134), authorized the Director of the Bureau of Justice Assistance (BJA) to make funds available to units of local government under the Local Law Enforcement Block Grants Program; and WHEREAS, the purpose of the LLEBG Program is to reduce crime and improve public safety; and WHEREAS, jurisdictions that are awarded the funds must meet a 10% matching funds requirement; and WHEREAS, the matching funds will be transferred from an existing departmental budget account. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves an amendment to the 2002-2003 Operating Budget (03-3) to include $36,149 grant received from the United States Department of Justice, Bureau of Justice Assistance to the South San Francisco Police Department. 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: \\MULDE R\VGATTRE LL\file cabinet\Current Reso's\9-141ocaHaw.enforcement.block. grant.res.doc City Clerk StaffReport DATE: TO: FROM: SUBJECT: August 14, 2002 The Honorable Mayor and City Council Steven T. Mattas, City Attorney Adoption of Ordinance Previously Introduced RECOMMENDATION: Adopt an ordinance amending Chapter 2, Administration to change the term limits imposed on specific Boards, and Commissions from two consecutive terms to four consecutive terms. BACKGROUND/DISCUSSION: Council has previously waived reading and introduced the following ordinance. The Ordinance is now ready for adoption. ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE (Introduced 7-24-02, 4-0 Vote - Mayor Eugene Mullin, absent) Michael A. Wilson, City Manager Enclosure: Ordinance ORDINANCE NO. AN ORDINANCE AMENDING CHAtrI'ER 2, ADMINISTRATION, OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE WHEREAS, the City Council has determined that Title 2 of the Municipal Code should be amended to change the term limits of Boards and Commissions; and WHEREAS, the City Council has determined that Title 2 of the Municipal Code should be amended to reflect the appropriate appointment dates for the Chairperson and Chairperson Pro Tem of the Parks and Recreation Commission, and the Parking Place Commission. NOW THEREFORE, the City Council of the City of South San Francisco does ORDAIN as follows: 1. PURPOSE: a) The purpose of this ordinance is to amend all relevant chapters of the Municipal Code to extend the applicable term limits from two consecutive terms, to four consecutive terms. b) This ordinance will also amend Chapters 2.60.040 and 2.64.040, to reflect the appropriate appointment date for the chairperson and chairperson pro tem of the relevant Commissions. AMENDMENTS TO TITLE 2 a) CHAPTER 2.52.040: PUBLIC LIBRARY Chapter 2.52 of the South San Francisco Municipal Code is amended to read as follows: "Trustees shall be limited to four consecutive terms. Any full term served prior to the effective date of this section, August 23, 2002, shall be counted for purposes of determining the number of consecutive terms served." b) CHAPTER 2.56.030: PLANNING COMMISSION Chapter 2.56 of the South San Francisco Municipal Code is amended to read as follows: "Commissioners shall be limited to four consecutive terms. Any full term served prior to the effective date of this section, August 23, 2002, shall be counted for purposes of determining the number of consecutive terms served." c) CHAPTER 2.58.050: HISTORIC PRESERVATION Chapter 2.58 of the South San Francisco Municipal Code is amended to read as follows: "Commissioners shall be limited to four consecutive terms. Any full term served prior to the effective date of this section, August 23, 2002, shall be counted for purposes of determining the number of consecutive terms served." d) CHAPTER 2.60.030: PARKS AND RECREATION COMMISSION Chapter 2.60 of the South San Francisco Municipal Code is amended to read as follows: "Commissioners shall be limited to four consecutive terms. Any full term served prior to the effective date of this section, August 23, 2002, shall be counted for purposes of determining the number of consecutive terms served." e) CHAPTER 2.60.040: PARKS AND RECREATION COMMISSION Chapter 2.60 of the South San Francisco Municipal Code is amended to read as follows: "At the regular meeting in January of each year, the commission shall elect a Chairperson, Chairperson pro tem and appoint a secretary and secretary pro tern. The term of said office shall be one year. The Chairperson pro tern and secretary pro tern shall serve in the absence of the Chairperson and secretary." f) CHAPTER 2.62.030: PERSONNEL BOARD Chapter 2.62 of the South San Francisco Municipal Code is amended to read as follows: "Board members shall be limited to four consecutive terms. Any full term served prior to the effective date of this section, August 23, 2002, shall be counted for purposes of determining the number of consecutive terms served." g) CHAPTER 2.64.030: PARKING PLACE COMMISSION Chapter 2.64 of the South San Francisco Municipal Code is amended to read as follows: o "Commissioners shall be limited to two four consecutive terms. Any full term served prior to the effective date of this section, August 23, 2002, shall be counted for purposes of determining the number of consecutive terms served." h) CHAPTER 2.64.040: PARKING PLACE COMMISSION Chapter 2.64 of the South San Francisco Municipal Code is amended to read as follows: "At the regular meeting in January of each year, the commission shall elect a Chairperson, Chairperson pro tern and appoint a secretary and secretary pro tern. The term of said office shall be one year. The Chairperson pro tem and secretary pro tern shall serve in the absence of the Chairperson and secretary." PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. SEVERABmlTY In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. Introduced and adopted at a regular meeting of the City Council of the City of South San Francisco, held the __ day of ,2002. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the __ day of, 2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this __ day of ,2002. Mayor F:\file cabinet\Current Ord's\ordinance revisions_chapter2.doc StaffReport DATE: TO: FROM: SUBJECT: August 14, 2002 The Honorable Mayor and City Council Steven T. Mattas, City Attorney Adoption of Ordinance Previously Introduced RECOMMENDATION: Adopt an ordinance amending Section 3.12.010 of the South San Francisco Municipal Code to change, modify or delete designated position titles. BACKGROUND/DISCUS SION: Council has previously waived reading and introduced the following ordinance. The Ordinance is now ready for adoption. AN ORDINANCE AMENDING SECTION 3.12.010 OF THE MUNICIPAL CODE (Introduced 7-24-02, 4-0 Vote - Mayor Eugene Mullin, absent) By: ~} r~/} ~h~/_,//'& SOUTH SAN FRANCISCO Michael A. Wilson, City Manager Enclosure: Ordinance ORDINANCE NO. AN ORDINANCE AMENDING SECTION 3.12.010 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE The City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1. 1. SECTION 3.12.010 IS HEREBY AMENDED AS FOLLOWS: SUBDIVISION (a) (1): (1) (2) (3) (4) (5) (6) (7) Delete the position of "Instrumentation Technician." Delete the position of "Lead Maintenance Worker (WQCP)." Delete the position of "Management Assistant." Delete the position of "Personnel Clerk." Add position "Courier." Change "Payroll Coordinator" to "Financial Services Supervisor." Change "Parking Meter Collector- Repairman" to "Parking Meter Collector- Repair Worker." Bo SUBDIVISION (a)(2): (1) Add position "Literary Services Assistant." (2) Add position "Supervising Librarian." (3) Change "Student Tutor Coordinator" to "Literary Services Coordinator." SUBDIVISION (a)(3)(a): (1) Add position "Police Corporal." (2) Add position "Police Services Technician." Do SUBDIVISION (a)(3)(B): (1) Add position "Fire Apparatus Engineer." SUBDIVISION (a)(4) (1) (2) (3) (4) Delete the position of "Capital Project Coordinator." Delete the position of "Garage Supervisor." Delete the position of "Maintenance Supervisor- water quality control." Delete the position of "Solid Waste Coordinator." Fo G° SUBDIVISION (a)(5): (1) (2) (3) (4) Delete the position of "Assistant Mechanic/Machinist-WQC." Delete the position of "Operations Supervisor-WQC." Delete the position of "Public Works Supervisor." Change "Assistant Plant Superintendent-WQCP" to "Assistant Plant Superintendent." SUBDIVISION (a)(6): (1) Delete the position of "Adult Day Care Coordinator." (2) Delete the position of "Building Maintenance Supervisor." (3) Change "Pre school Coordinator" to "Recreation and Community Services Coordinator." H° SUBDIVISION (a)(7): (1) (2) (3) (4) (5) (6) (7) (8) (9) (i0) Delete the position of "Instrument Technician." Delete the position of "Mechanic's Helper." Delete the position of "Telecommunications Specialist." Change "Laboratory Chemist-WQC" to "Laboratory Chemist." Change "Laboratory Supervisor-WQC" to "Laboratory Supervisor." Change "Maintenance Worker- Parks" to "Park Maintenance Worker." Change "Maintenance Worker- Public Works" to "Public Works Maintenance Worker." Change "Operator I, WQC" to "Plant Operator I." Change "Operator II, WQC" to "Plant Operator II." Change "Utility Worker, WQC" to "Plant Utility Worker." I. SUBDIVISION (b) Change the lead sentence of this section to read: "All the grant-funded positions and the following positions and officers shall not be included in the competitive service. SUBDIVISION (b) (1) Delete the position of "Assistant City Attorney." (2) Delete the position of "Associate Engineer- grant funded." (3) Delete the position of "City Attorney." (4) Delete the position of "Construction Inspector- grant-funded." (5) Delete the position of "Courier." (6) Delete the position of "Deputy City Attorney." (7) Delete the position of "Director of WQCP." (8) Delete the position of "Economic Development Coordinator." (9) Delete the position of "Management Analyst I/II." (10) Delete the position of"Police Corporal." (11) Delete the position of "Police service technician." (12) (13) (14) Change "Chief Planner" to "City Planner." Change "Manager Housing and Community Development" to Manager of Housing and Redevelopment." Delete the position of "Typist Clerk - grant funded." SECTION 2. SEVERABILITY In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 3. PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the __ day of ,2002. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the __ day of ,2002 by the following vote: AYES: NOES' ABSTAIN: ABSENT: ATTEST: City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this __ day of ,2002. Mayor 11. Motion to cancel regular meeting of August 28, 2002 DATE: August 14, 2002 TO: Honorable Mayor and City Council FROM: Police Department SUBJECT: PREFERENTIAL PARKING AREAS RECOMMENDATION It is recommended that City Council adopt the attached Resolution and Ordinance to be incorporated in the South San Francisco Municipal Code to establish preferential parking areas around the South San Francisco BART station as determined by the Engineering Division and the Chief of Police. The ordinance shall also allow the Police Department the authority to take enforcement action (parking citations) on violators. Parking violations shall include violations for no permit in the area and for improper use of a permit. A penalty fee of $35.00 is recommended at this time. BACKGROUND/DISCUS SION The new Bay Area Rapid Transit (BART) station located in South San Francisco will bring the community a new commute option. Along with this new option, comes a potential parking related challenge for the surrounding areas. With the possibility of overflow parking from the BART property, commuters may attempt to park their vehicles in the residential areas surrounding the station, thus creating a negative impact on the local streets and residents. Add to that, the parking fees BART plans to implement will increase the likelihood of commuters parking on the surrounding streets. A Preferential Parking plan containing permits for the residents in the areas, combined with parking enforcement efforts will protect the residents and prevent the surrounding streets from serving as a BART commuter parking area. California Vehicle Code (Section 22507.(a)) grants local authorities the ability to establish preferential parking areas where residents are issued permits which exempts them from certain parking regulations. This section enables the City to post the designated areas with time restricted parking to discourage BART commuter parking, but allow the residents the ability to still park near their homes. Streets to be included in the preferential area will be determined by the Engineering Division and the Chief of Police. An estimated ¼ to ½ mile radius surrounding the BART station will be used as a guideline to establish the size of the area. The ¼ to ½ mile is often considered a comfortable or convenient walking distance for similar parking conditions. The area and the amount of streets included can be extended or reduced at the discretion of the Engineering Division and the Chief of Police after the parking situation is evaluated. The initial area will include sections of the Sunshine Gardens, Buri Buri (Sterling Manor) and Promenade subdivisions (See Exhibit 1). The designated area will be posted for three hour parking between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, except vehicles with a South San Francisco parking permit. Signs will be Staff Report Subject: Page 2 PREFERENTIAL PARKING AREAS posted at various locations on each street to identify the area and to warn drivers of the time restriction (See Exhibit 2). The Engineering Department and the Chief of Police may adjust locations, days and times, as deemed necessary. Permits shall be issued for all vehicles legally allowed to park on the streets. Commercial vehicles, recreation vehicles and vehicles without current registration will not be issued permits. The permits will be issued to the registered owners at no cost, and shall be administered by the Police Department. Parking citations will be issued to those vehicles that are parked in the designated areas without a permit for more than three hours and to those vehicles that display a permit that is not issued to that vehicle. Additional citations may be issued each time a vehicle exceeds an additional three-hour time limit. Each violation will have a penalty fee of $35.00. The penalty fee will be comparable to those set by other police agencies throughout the county. The Police Department will work with the merchants in the area to ensure their property is posted correctly. The South San Francisco Unified School District is aware of our plans and is developing a parking plan for E1 Camino High School. FUNDING The cost of funding will be taken from the General Fund and has already been incorporated in this year's budget. BUDGET NEEDED: 1. Parking Enforcement Officer $57,775.00 2. Police Vehicle for Parking Enforcement Officer $21,500.00 3. Maintenance on Police Vehicle per year $2,500.00 4. Signs, Poles, and Associated Equipment (65 each) $6,500.00 5. Parking Permit Stickers (approximately 5000) $4,000.00 6. Door Hanger Notifications/Newspaper Publication $1,000.00 TOTAL: $93,275.00 By: ~~~', /~',~ Mark Raffaelli Chief of Police Approved: Attachment: Ordinance and Resolution Initial Preferential Parking Permit Street Exhibit 1: Streets to Implement Parking Permit Plan Exhibit 2: Proposed Signage City Manager RESOLUTION NO. C1TY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING A PREFERENTIAL PERMIT PARKING AREA FOR RESIDENTIAL PROPERTY NEAR THE SOl ITH SAN FRANCISCO BART STATION WHEREAS, the South San Francisco Bart Station will open later this year; WHEREAS, there is a significant potential that individuals using the South San Francisco BART Station will desire to park their vehicles in residential areas adjacent to the BART Station; WHEREAS, BART may charge for parking at the South San Francisco Bart Station, which will further motivate individuals to park on adjacent streets; WHEREAS, the City desires to minimize the impact of the proposed BART station on nearby residential properties; WHEREAS, the City has adopted a Preferential Permit Parking Ordinance which authorizes the City Council, upon the recommendation of the Chief of Police and the City Engineer to establish preferential parking areas within the City; WHEREAS, the Chief of Police and the City Engineer have recommended adoption of a preferential parking area of the City near the South San Francisco BART Station as ahown on Exhibit A attached hereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves and establishes the preferential parking area shown in Exhibit A attached hereto. BE IT, FURTHER RESOLVED that enforcement of the preferential parking area restrictions shall not commence until all required signage has been installed. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the day of ,2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: \WIULDER\VGATTRELL~file cabinet\Current Reso's\6-26PG&E.agree.res.doc City Clerk ORDINANCE NO. AN ORDINANCE ADDING CHAPTER 70 TO TITLE 11 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATED TO PREFERENTIAL PARKING AREAS WHEREAS, the City Council has determined that Title 11 of the South San Francisco Municipal Code should be amended to include Chapter 70 to provide for preferential parking areas with the first such area to include property near the South San Francisco BART Station; and, WHEREAS, the City Council has determined that the possibility of overflow parking from the South San Francisco BART Station may negatively impact neighborhoods near the BART Station; and, WHEREAS, pursuant to the authority granted by Vehicle Code section 22507(a), the City Council has determined that a Preferential Parking Plan containing permits for the residents in the areas, combined with parking enforcement efforts will protect the residents and prevent the surrounding streets from serving as a BART commuter parking area; and, NOW THEREFORE, the City Council of the City of South San Francisco does ORDAIN as follows: The purpose of this ordinance is to add Chapter 70 to Title 11 of the Municipal Code to provide for Preferential Permit Parking Areas. Chapter 70 is hereby added to Title 11 of the South San Francisco Municipal Code to read as follows: CHAPTER 11.70: PREFERENTIAL PERMIT PARKING PROGRAM. CHAPTER 11.70.010: DEFINITIONS. As used in this chapter the following words and phrases shall have the meaning set forth in this section. "Address" means and includes any residential or business address. Each dwelling unit within an apartment building that is distinguished by an apartment number and each office within an office building that is distinguished by a suite number shall be considered an address. 202704-1 "Business" means an enterprise or establishment used for the purpose of conducting business located in the designated preferential permit parking area. "Preferential permit parking area," and "permit parking area," means any street upon which the City Engineer and Police Chief impose parking limitations pursuant to the authority granted by this chapter. "Fourteen (14) day visitor parking permit" means a parking permit issued pursuant to this chapter, which when displayed upon a motor vehicle, as described herein, shall exempt the motor vehicle from parking time restrictions established pursuant to this chapter for a period of fourteen (14) days, beginning upon the date indicated upon the face of said permit. "Motor vehicle" means and includes automobile, truck, motorcycle or other motor driven form of transportation in excess of nine thousand (9,000) pounds gross weight. "One-day visitor parking permit" means a parking permit issued pursuant to this chapter which when displayed upon a motor vehicle, as described herein, shall exempt the motor vehicle from parking time restrictions established pursuant to this chapter or an ordinance or resolution enacted pursuant to authority granted herein, for the date indicated upon the face of said permit. "Preferential Parking Permit" means a permit issued under this chapter which, when displayed upon a motor vehicle, as described herein, shall exempt said motor vehicle from parking time restrictions established pursuant to this chapter. "Person" means and includes, but shall not be limited to, individuals, corporations, businesses, partnerships, hospitals and churches. "Residence" means a legal residential address and shall exclude business addresses. "Resident" means any person eighteen (18) years of age or older whose legal residential or business address is in the designated preferential permit parking area. "Visitor" means an individual who calls upon a resident in the designated preferential permit parking area with specific intent to spend time in or about that resident's residence." 202704-1 CHAPTER 11.70.020: ACTIONS AUTHORIZED THROUGH DISPLAY OF VALID PREFERENTIAL PARKING PERMIT A. A motor vehicle on which is displayed a valid preferential parking permit, as provided for herein, shall be permitted to stand or be parked in the preferential permit parking area for which the permit has been issued without being limited by time restrictions established pursuant to this chapter. Any motor vehicle, which does not display such permit, shall be subject to the preferential permit parking regulation and consequent penalties in effect for such area. B. This chapter shall not be interpreted or applied in a manner that will abridge or alter regulations established by authority other than this chapter. C. This chapter shall not exempt the preferential permit parking holder from other traffic controls and regulations existing in the designated preferential permit parking area. D. This chapter shall not permit the preferential permit parking holder to leave standing his or her vehicle for more than seventy-two (72) hours. CHAPTER 11.70.030: DESIGNATION OF A PREFERENTIAl, PERMIT PARKING AREA. mo of a preferential permit parking area in an area within the City of South San Francisco upon a showing that a significant daytime parking problem does or will exist. In proposing a preferential permit parking area, the City Engineer and Chief of Police may: 1. Undertake or cause to be undertaken such surveys or studies deemed necessary; 2. Cause to be drafted a resolution approving a specific preferential permit parking area. The resolution would establish a preferential permit parking area based upon studies, including any regulations and time restrictions determined by the City Engineer and the Chief of Police to be reasonable and necessary in such area. B. The City Council may approve, reject, or modify the resolution establishing a residential permit parking area." 202704-1 CHAPTER 11.70.040: MODIFICATION AFTER DESIGNATION OF A PREFERENTIAL PERMIT PARKING PROGRAM. The procedures set forth in Section 11.70.030 may also be used to modify or terminate an existing preferential permit parking area. CHAPTER 11.70.050: ISSUANCE OF PREFERENTIAL PARKING PERMITS. Preferential parking permits shall be issued by the South San Francisco Police Department in accordance with requirements set forth in this chapter. Each such permit shall be designed to state or reflect thereon the identification of the particular preferential permit parking area as well as the license number of the motor vehicle for which it is issued. No more than one preferential parking permit shall be issued to each motor vehicle owned or leased for which application is made. B. The South San Francisco Police Department shall issue preferential parking permits with a date of issuance. One preferential parking permit may be issued for each vehicle owned, leased, or under the continuing custody of any person who can demonstrate that they are currently a resident of the area for which the permit is to be issued. A preferential parking permit may be issued to a resident or an employee of a business located along a commercial street that has been determined by the City Engineer and the Chief of Police to be significantly impacted by the implementation of residential permit parking on adjacent residential streets. The City Engineer and the Chief of Police will determine which commercial streets will qualify and the appropriate boundaries. Any resident or employee whose business is located on a qualifying portion of a commercial street will be allowed to obtain one permit for each motor vehicle they own, lease, or have under their continuing custody up to a maximum of two permits per address. Any resident or employee whose business is located on a qualifying portion of a commercial street and whose address is in a building that was required by the city to provide off- street parking will not be allowed to obtain a residential parking permit. E. Renewal of residential parking permits shall be subject to the same conditions imposed on new permits. 202704-1 Fo The City of South San Francisco Police Department is authorized to issue such rules and regulations, not inconsistent with this chapter, governing the issuance and display of preferential parking permits. Any person to whom a preferential parking permit has been issued pursuant to this section shall be deemed a preferential parking permit holder." CHAPTER 11.70.060: VISITOR PERMIT. mo The Police Department shall issue visitor parking permits in accordance with this section. A visitor parking permit shall be of limited duration, but shall otherwise grant to the holder thereof all the rights and privileges of a regular preferential parking permit. Visitor parking permit shall be of two types: 1. One-day visitor parking permits; and 2. Fourteen (14) day visitor parking permits. B. A visitor parking permit shall clearly display the date upon which it becomes effective, the license number of the motor vehicle for which it applies, the name of the resident, and shall designate the particular preferential permit parking area for which it applies. C. A one-day visitor parking permit shall, during the date indicated upon the face of said permit, exempt the applicable vehicle from parking time restrictions established pursuant to this chapter. D. A fourteen (14) day visitor parking permit shall, for the period of fourteen (14) days commencing upon the date indicated upon the face of said permit, exempt the applicable vehicle from parking time restrictions established pursuant to this chapter. E. The Chief of Police is authorized to establish rules and regulations, not inconsistent with this chapter, concerning the issuance and display of visitor parking permits to permit holders. F. An eligible applicant for a visitor parking permit shall be any person eligible to obtain a preferential parking permit pursuant to criteria set forth in Section 11.70.050, but no more than five visitor parking permits per address shall be issued at any one time. 202704-1 CHAPTER 11.70.070: POSTING OF PREFERENTIAL PERMIT PARKING AREA. Upon the adoption by the City Council of a resolution designating a preferential permit parking area, and subsequent to purchase of the required minimum number of parking permits, the City Engineer and the Chief of Police shall cause appropriate signs to be erected in the area, indicating prominently thereon the time limitation, period of the day for its application, and conditions under which preferential permit parking shall be exempt therefrom. CHAPTER 11.70.040: VIOLATION-PENALTY. A. It is unlawful and shall constitute a violation of this chapter for any person to park a motor vehicle, without a current preferential parking permit properly displayed, at a curb within a preferential permit parking area for a period of time exceeding the time limitation established for that preferential permit parking area. Motor vehicles identified as used by disabled persons meeting the requirements of Section 22511.5 of the California Vehicle Code shall be exempt from this subsection. B. The following shall be punishable by issuance of a citation with a ii~ ($35.00) fine: 1. Any motor vehicle that does not contain a lawfully issued preferential parking permit or that is not otherwise exempt from the provisions of this Chapter and that is parked in a preferential permit parking area for a period of time that exceeds the authorized time that a motor vehicle may park in a preferential permit parking area. 2. Any person who falsely represents himself or herself as eligible for a parking permit or who furnishes false information in an application therefore. 3. Any person who uses or displays a fake preferential parking permit in order to evade time limitations on parking applicable in a preferential parking permit area. 202704-1 3. PUBLICATION AND EFFECTIVE DATE. Pursuant to the provisions of Government Code Section 36933, a Summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This ordinance shall become effective thirty (30) days from and after its adoption. 4. SEVERABILITY In the event, any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. Introduced and adopted at a regular meeting of the City Council of the City of South San Francisco, held the day of , by the following vote: Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the __. day of__ 2002: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this __ day of ,2001. Mayor 202704-1 Initial Preferential Parkinq Permit Streets: ao m. n. o. P. q. r. s. t. U. Evergreen Drive, from Mission Road to Miller Avenue Ferndale Avenue, from Baywood Avenue to Miller Avenue Gardenside Avenue, from Baywood Avenue to Miller Avenue Oakcrest Avenue, from Baywood Avenue to Miller Avenue Sequoia Avenue, from Mission Road to Miller Avenue Mission Road, from Evergreen Drive to Sequoia Avenue Miller Avenue, from Evergreen Drive to Sequoia Avenue Baywood Avenue Edgewood Way Alta Loma Drive from Los Flores Avenue to the north end Los Flores Avenue Clara Avenue Altura Way San Felipe Avenue from Camaritas Avenue to Alta Loma Drive Amaryllis Court Cymbidium Circle Freesia Drive Hibiscus Drive McLellan Dr Miltonia Dr Orchid Dr Alta Loma Park will also be posted \ \ EXHIBIT 1: STREETS TO IMPLEMENT PARKING PERMIT PLAN NOT TO SCALE 3 HOUR PARKING 7A.M. ~-o 5P.M MON THRU FRI EXCEPT VEHICLES WITH $SF PARKING PERMITS 24" 12" EXHIBIT 2: PROPOSED SIGNAGE