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HomeMy WebLinkAbout2005-02-23 e-packetAGENDA REDEVELOPMENT AGENCY CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY, FEBRUARY 23, 2005 7:00 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Agency business, we proceed as follows: The regular meetings of the Redevelopment Agency are held on the second and fourth Wednesday of each month at 7:00 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the Board on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Community Room and submit it to the Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of.your public comment. California law prevents Redevelopment Agency from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation. The Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Board action. RAYMOND L. GREEN Chair JOSEPH A. FERNEKES Vice Chair RICHARD A. GARBARINO, SR. Boardmember PEDRO GONZALEZ Boardmember KARYL MATSUMOTO Boardmember RICHARD BATTAGLIA Investment Officer SYLVIA M. PAYNE Clerk BARRY M. NAGEL Executive Director STEVEN T. MATTAS Counsel PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT IS AVAILABLE FOR USE BY THE HEARING-IMPAIRED AT REDEVELOPMENT AGENCY MEETINGS SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 Meeting to be held at: MUNICIPAL SERVICES BUILDING CITY COUNCIL COMMUNITY ROOM 33 ARROYO DRIVE WEDNESDAY, FEBRUARY 23, 2005 7:05 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 23rd day of February, 2005, at 7:05 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 Public Comments - comments are limited to items on the Special Meeting Agenda Closed Session: Pursuant to Government Code Section 54956.9(a): conference with legal counsel - existing litigation, Kotobuki Trading Company, Inc., et al. v. City of South San Francisco, et al. 5. Adjournment /s/Sylvia M. Payne City Clerk RECREATION AND PARK DISTRICT OF THE CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 Meeting will be held at: MUNICIPAL SERVICES BUII,DING C[I~/COUNCIL COMMUNITY ROOM 33 ARROYO DRIVE FEBRUARY 23, 2005 7:25 P.M. NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, the Recreation and Park District of the City of South San Francisco will hold a Special Meeting on Wednesday, the 23rd day of February, 2005, at 7:25 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 o Motion to approve minutes of December 10, 2003 Resolution approving a third amendment to joint powers agreement with San Mateo County Harbor District Adjournment /s/ Sylvia M. Payne City Clerk { Staff Report AGENDA ITEM #5 DATE: February23,2005 TO: The Honorable Chairman and Board Members FROM: Marty Van Duyn, Assistant City Manager SUBJECT: Adoption of Resolution Approving a Third Amendment to Joint Powers Agreement between the San Mateo County Harbor District and the City of South San Francisco RECOMMENDATION: Adopt a resolution approving a Third Amendment to the Joint Powers Agreement between the San Mateo County Harbor District and the City of South San Francisco. BACKGROUND/DISCUS SION: Pursuant to the Joint Powers Agreement between the City and the San Mateo Harbor District, the District is authorized to enter into agreements with the State to refinance existing loan obligations. The District recently submitted the refinancing loan documents to the City for review. As part of the review, staff reviewed the Joint Powers Agreement for consistency with the terms of the loan documents. In order to ensure that the City is not required to permit the State to possess or control City property in the event of the District's default, staff recommended changes to the Joint Powers Agreement. The amendment to the Joint Powers Agreement adds subsection (b) to Section 13 RESPONSIBILITY FOR LOAN REPAYMENT, of the Joint Powers Agreement to provide that the District may not provide ownership, entry, possession, maintenance, or other control of OYSTER POINT MARINA PARK as security for any loan. The District approved those changes on February 2, 2005. Because the Joint Powers Agreement references property within the jurisdiction of the Park, Recreation and Parkway District, consent of the District is required in order to approve the Third Amendment. Staff recommends that the Board approve the Third Amendment to the Joint Powers Agreement as specified in the attached resolution. Ix)larty Van Du-yn, Assistant City Man[ger ~ 1Vi Nagel,~.~M~r Enclosure: Resolution RESOLUTION NO. PARK RECREATION AND PARKWAY DISTRICT, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RES()I,IJTI()N APPROVING A THIRD AMENDMENT TO THE JOINT POWERS AGREEMENT BETWEEN THE SAN MATEO COUNTY HARBOR DISTRICT AND THE CITY OF SOUTH SAN FRANCISCO WHEREAS, the City of South San Francisco and the San Mateo County Harbor District entered into a Joint Powers Agreement on November 11, 1977, as amended on October 11, 1979, for development of City owned property as a marina; and WHEREAS, staff has negotiated and prepared a Third Amendment to the Joint Powers Agreement between the San Mateo County Harbor District and the City of South San Francisco to incorporate new language regarding possession and use of the property in the event the Harbor District :fails to meet its loan obligations to the State; and WHEREAS, the Harbor District approved the Third Amendment to the Joint Powers Agreement on February 2, 2005; and WHEREAS, the City Council of the City of South San Francisco is considering the proposed amendment at its February 23, 2005, regular meeting. NOW, THEREFORE, BE IT RESOLVED by the Park Recreation and Parkway District Board, City of South San Francisco that the Board hereby approves a Third Amendment to the Joint Powers Agreement between the San Mateo County Harbor District and the City of South San Francisco. BE IT FURTHER RESOLVED that the Chairman of the Board is hereby authorized to execute the agreement on behalf of the Park Recreation and Parkway District. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Park Recreation and Parkway District Board, City of South San Francisco at a Special Meeting held on 'the __ day of 2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk S :\Current Rcso's\2-23-05habor.district.jpa.doc AGENDA CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY, FEBRUARY 23, 2005 7:30 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Council business, we proceed as follows: The regular meetings of the City Council are held on the second and fourth Wednesday of each month at 7:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the City Council on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Council Chamber's and submit it to the City Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents the City Council from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address (optional) for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation. The City Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Council action. RAYMOND L. GREEN Mayor JOSEPH A. FERNEKES Mayor Pro Tem RICHARD A. GARBARINO, SR. Councilman PEDRO GONZALEZ Councilman KARYL MATSUMOTO Councilwoman RICHARD BATTAGLIA City Treasurer SYLVIA M. PAYNE City Clerk BARRY M. NAGEL City Manager STEVEN T. MATTAS City Attorney PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS · Recognition of California Park and Recreation Society (CPRS) District Volunteers AGENDA REVIEW PUBLIC COMMENTS ITEMS FROM COUNCIL · Announcements · Committee Reports CONSENT CALENDAR 1. Motion to approve the minutes of February 8 and 9, 2005 2. Motion to confirm expense claims of February 23, 2005 3. Resolution approving amendment to joint powers agreement with San Mateo County Harbor District 4. Resolution approving amendment to records retention schedule for all City departments 5. Acknowledgement of proclamations issued: Francisco and Bertha Magdaleno PUBLIC HEARING 6. Consideration of Britannia East Grand Master Plan Development Agreement annual review and modifications (DA-01-006); 450 East Grand Avenue; Applicant: Slough Estates; motion to waive reading and introduce an ordinance COUNCIL COMMUNITY FORUM ADJOURNMENT REGULAR CITY COUNCIL MEETING FEBRUARY 23, 2005 AGENDA PAGE 2 AGENDA ITEM #3 DATE: February 23, 2005 TO: Honorable Mayor and City Council FROM: Marry Van Duyn, Assistant City Manager SUBJECT: ADOPTION OF RESOLUTION APPROVING A THIRD AMENDMENT TO THE JOINT POWERS AGREEMENT BETWEEN THE SAN MATEO COUNTY HARBOR DISTRICT AND THE CITY OF SOUTH SAN FRANCISCO RECOMMENDATION Adopt a resolution approving a Third Amendment to the Joint Powers Agreement between the San Mateo County Harbor District and the City of South San Francisco. BACKGROUND/DISCUSSION Pursuant to the Joint Powers Agreement between the City and the San Mateo County Harbor District, the District is authorized to enter into agreements with the State to refinance existing loan obligations. The District recently submitted the refinancing loan documents to the City for review. As part of the review, staff reviewed the Joint Powers Agreement for consistency with the terms of the loan documents. In order to ensure the City is not required to permit the State to possess or control City property in the event of the District's default, staff recommended changes to the Joint Powers Agreement. The amendment to the Joint Powers Agreement adds subsection (b) to Section 13, RESPONSIBILITY FOP. LOAN REPAYMENT, to provide that the District may not provide ownership, entry, possession, maintenance, or other control of OYSTER POINT MARINA PARK as security for any loan. The District approved those changes on February 2, 2005. CONCLUSION Staff recommends that the City Council approve the Third Amendment to the Joint Powers Agreement as attached. B~~ Ma y Van myn/I Assistant City M~ger City M~ager ~ Attachment: Rdsolution Third Amendment to Joint Powers Agreement RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALWORNIA A RESOLUTION APPROVING A THIRD AMENDMENT TO THE JOINT POWERS AGREEMENT BETWEEN THE SAN MATEO COUNTY HARBOR DISTRICT AND THE CITY OF SOUTH SAN FRANCISCO WHEREAS, staff recommends approval of a Third Amendment to the Joint Powers Agreement between the San Mateo County Harbor District and the City of South San Francisco. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves a Third Amendment to the Joint Powers Agreement between the San Mateo County Harbor District and the City of South San Francisco. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement on behalf of the City of South San Francisco. * * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the ~ day of ,2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: S:\Current Reso'sk2-23-05habor.district.jpa. doc ATTEST: City Clerk THIRD AMENDMENT AMENDING JOINT POWERS AGREEMENT THIS THIRD AGREEMENT amending the Joint Powers Agreement by and between the SAN MATEO COUNTY HARBOR DISTRICT (the "DISTRICT") AND THE CITY OF SOUTH SAN FRANCISCO (the "CITY") is made and entered into as of this __ day of ,2005. WITNESSETH: WHEREAS, on October 24, 1977, the parties hereto entered into a Joint Powers Agreement (the "Agreement") for the purpose of repairing and/or replacing the existing Marina facilities at Oyster Point and expanding said facilities as described therein, and for the purposes of permitting the DISTRICT to rehabilitate, manage, maintain and operate said existing Marina and construct, manage, maintain and operate the future Marina Development at Oyster Point; and WHEREAS, said Agreement was amended on October 11,1979 and November 27, 1985; and WHEREAS, the Agreement clearly states that the CITY retains fee ownership of the Property, and that any loans undertaken by the DISTRICT are the sole responsibility of the DISTRICT and that the DISTRICT shall hold CITY harmless for any costs to the CITY resulting therefrom; and~ WHEREAS, the DISTRICT seeks to consolidate its loans with the California Department of Boating and Waterways (the "DBW") and the CITY seeks to ensure that its fee ownership of the Property is not encumbered as security for such a loan; NOW, THEREFORE, it is agreed: I. Section~ 13 is amended. 13. CT A T T(~lCi' RESPONSIBILITY FOR LOAN REPAYMENT (a) Hold Harmless Clause. Except as expressly provided herein, except as may be separately agreed to in writing by the District andl the City, the CITY shall not be responsible for any of the expenses related to the OYSTER POINT MARINA/PARK and specifically CITY shall not be responsible for the following: (1) costs of construction, including plans, specifications, and engineering; (2) economic studies incurred hereafter; (3) repayment of the existing loans incurred by CITY for construction of the existing marina at OYSTER POINT; (4) any loans incurred for future developments at said site in accord with the Exhibits attached hereto; and (5) for any costs of operation and maintenance except as expressly provided herein. In the event operating revenues are not sufficient to service said loans or pay costs of operation and maintenance, the DISTRICT shall assume responsibility for and make all payments due thereon and shall hold CITY harmless from any liability for said loans or costs of maintenance and operation. (b) Loan Security. The DISTRICT shall not provide ownership, entry, possession, maintenance, or other control of OYSTER PARK as security for any loan. II. In all other respects, the Joint Powers Agreement and the First and second Amendments thereto are hereby affirmed. IN WITNESS WHEREOF, the parties hereto, first being duly authorized, have executed this Third Agreement amending Joint Powers Agreement as of the date and year first above written. SAN MATEO COUNTY HARBOR DISTRICT CITY OF SOUTH SAN FRANCISCO Mayor SOUTH SAN FRANCISCO PARK RECREATION AND PARKWAY DISTRICT Ex Officio Chairman ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 734585 1 StaffReport AGENDA ITEM #4 DATE: TO: FROM: SUBJECT: February 23, 2005 Honorable Mayor and City Council City Clerk Sylvia M. Payne AMENDMENT TO RECORDS RETENTION SCHEDULE FOR ALL CITY DEPARTMENTS RECOMMENDATION It is recommended that the City Council approve the attached resolution amending the City's records retention schedule for all City departments. BACKGROUND/DISCUSSION Resolution No. 74-2003 established a records retention schedule and authorized the periodic destruction of certain records in accordance with Government Code Section 34090, et. seq. The purpose of a records retention schedule is to ensure that a responsible program of records management is practiced and documented from creation to disposition in accordance with the law and in the best interest of the City and the citizens of South San Francisco. The following items are added, amended, or deleted: Elections: Add (Pg 2) · Nomination Papers Citation: GC81009(b) General Subject: Add (Pg 3) Add (Pg 3) Modify (Pg 4) · Open Meetings Act; logs and other documentations · Reports from other agencies Agenda Staff Reports 2Y When no longer needed From 2Y to 5Y when LaserFiched Planning: Add (Pg 10) · Case files, Planning & Zoning Notice of findings Finance Delete (Pg 12) · Register; program labor costs by employee & P Human Resources: Add (Pg 15) Add (Pg 15) Modify (Pg 16) · Cai OSHA Log; Forms 300, annual summary & 301 Incident Report · Billings (medical/dental) · Recruitment T25 25Y From 3Y to 5Y Police: Modify (Pg 24) · Courtesy Notice of Violation From "C" to 1Y Byi,..~ ~ 7 Sylvia M. P~/yne City Clerk Attachments: Resolution Approved: (B-a~; 'i~i/Nagel c~ CityY/h~anager 1~ RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AMENDING THE CITY'S RECORD RF;FENTION SCHEDULE WHEREAS, staff recommends that the following items are added, amended, or deleted from the City of South San Francisco Record Retention Schedule as adopted by Resolution 74-2003. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby amends the City's Record Retention Schedule to include the following changes as reflected in the revised Record Retention Schedule attached hereto. Elections: Add (Pg 2) · Nomination Papers Citation: GC8100O(b) General Sub,iect: Add (Pg 3) Add (Pg 3) Modify (Pg 4) · Open Meetings Act; logs and other documentations · Reports from other agencies · Agenda Staff Reports 2Y When no longer needed From 2Y to 5Y when LaserFiched Planning: Add (Pg 10) · Case files, Planning & Zoning Notice of findings Finance Delete (Pg 12) · Register; labor costs by employee & program Human Resources: Add (Pg 15) Add (Pg 15) Modify (Pg 16) · Cai OSHA Log; Forms 300, annual summary & 301 Incident Report · Billings (medical/dental) · Recruitment T25 25Y From 3Y to 5Y Police: Modify (Pg 24) · Courtesy Notice of Violation From "C" to 1Y Exhibit "A" CITY OF SOUTH SAN FRANCISCO RECORDS RETENTION SCHEDULE 2003 Adopted by Reso #74-2003, August 13, 2003 REVISED 2/23/05 LEGEND Records Retention A Ad Au C CI = DOB = E = L = O = P = S~ Active (while a document or work is still in progress) Adoption date Audit (an audit is performed at he end of each fiscal year - to be completed by 12/31) Current (current year, any record or file that is made within the current calendar year; the retention period begins the first day of the following year, i.e., C+2 means a record created in 1998 plus the next two calendar years would be eligible for destruction in 01/0~/01). Closed (completed) Date of Birth Election date Life Obsolete Permanent (the record is determined to be of permanent value to the City; original records affecting the title of real property or liens thereon, minutes, resolutions, ordinances) Supersede (only retain the current version; once that version has been revised the older version should be destroyed to eliminate any confusion) Termination (upon termination of contract, employment or case files which may cross multiple years) CITATIONS B&P = California Business & Professional Code CAC = California Administrative Code CCP = Code of Civil Procedure CCR = Code of California Regulations CEQA = California Environmental Quality Act CFR = Code of Federal Regulations EC = Elections Code EL = California Elections Code FMLA = Family & Medical Leave Act, 1993 GC = California Government Code H&S = California Health and Safety Code HUD = Housing and Urban Development OSHA = Occupational Safety & Health Agency PC = California Penal Code POST = Police Officers Standards Training UFC = Uniform Fire Code USC = United States Code WIC = Welfare & Institutions Code Page 1 RECORDS RETENTION SCHEDULE ADMINISTRATION Administration Records Series Title Retention Citation Remarks ELECTIONS Applications, Absentee E+6 months EC17505; From date of election Ballots and Envelopes EC17302 Ballots E+6 months EC17302 From date of election; ballots submitted to precincts/City Clerk that were not used - unless contested (EC17302c) retention by court order Ballots - Prop 218 6 mo EC17302 Property related fees (Assessment Ballot (Assessment Districts) proceeding). Consistent with retention for election ballots; Statewide guidelines propose permanent-California Constitution Article XIII Calendar (Elections) E+2 GC34090 Calendar that is prepared by City (County's election calendar is retained until no longer required) Candidate Statements E+4 GC34090 Statements printed in the sample ballots (Successful candidates) See desc. retained permanently - historic purposes; E+4 for unsuccessful candidates Certificates of Election T+4 GC34090 Received from SM County Fair Political Practices: Campaign filings for elected P GC81009(b)(g) FPPC Filings (400 series) (must keep paper city officials copy for C+2 years if LaserFiche'd) Campaign filings E+5 GC81009(b) Not elected Campaign filings E+7 GC81009 All other committees Statement of Economic T+4 GC81009(f)(g) FPPC Filings (700 series) original filed with Interest Per Sec 87200 State Statement of Economic C+7 GC81009(e)(g) FPPC Filings (700 series) original filed with Interest City Clerk by "designated employees"; Candidates not elected = E+5 (GC81009(b)) FPPC blank forms, manuals C+5 GC34090 Historical documents re: P GC34090 History of elections, sample ballots, elections certificates of destruction, other resolutions re: elections Maps, PrecinctsJoter E+2 GC 34090; EC17501, Information 17301 Nomination Papers: Successful E+4 EC17100 Unsuccessful E+2 GC81009(b) Notifications and Publications E+2 GC34090 Proof of publication or posting, certification and listing of notice of posting; copy of newspaper notice and certification of offices to be voted for at forthcomin0 election Oaths of Office T+6 GC 36507, 34090; Elected Officials, all City officers, includes 29 USC 1113 employees, Boards & Commissions Petitions E+8 months EC17200, 17400; GC From date of election; Initiative, referendum, 7253.5; EC 14700 + recall GC3756.8 Precinct Records E+6 months EC17503 From date of election: Precinct official material; declaration of Intention, precinct board member applications, orders appointing members of precinct boards and designating polling places. Includes notice of appointment of office and record of service Voter Indexes E+5 EC17300 Supplied by SM County (includes destruction of CDs or DVDs Page 2 Admin (Continued) Records Sedes Title Retention Citation Remarks GENERAL SUBJECT Bids, RFQ's, RFP's: Successful AU+5 GC34090; CCP337 Requests for Qualifications; Request for Unsuccessful C+2 GC25105-1; Proposals regarding goods and services GC34090 Biographies When no GC34090 Bios on Council city officials longer (CCAC recommends C+2) required Books, Technical When no GC34090 longer required Budgets, Operating and When no GC34090 Department copies Capital Improvement longer required Contractual Agreements C+5 GC34090 Working files - not originals (originals maintained in City Clerk's Office) Copies or duplicates of When no Documents distributed to vadous records for which a longer departments for informational purposes may department is not the office of required be destroyed by the department when no primary responsibility longer required for reference purposes Correspondence C+2 GC34090(d) Correspondence includes memos, message logs, notes, chron files, bulletins, comment cards, misc. docs (Documents stored on computer are treated with same retention as if it were a piece of paper) Correspondence/Reports See desc. Retention for Correspondence related to a report will depend on retention of report. Preliminary drafts, notes and inter-office memoranda are to be destroyed upon completion of a proiect. Employee Time Sheets C+2 GC34090 Departmental working files Equipment T+I GC34090 Owners' manuals; service/maintenance information; purchase information and correspondence & backup data Forms C General Subject C+2 GC34090 Internal working files, including correspondence; files will be reviewed annually, some may require retention longer than prescribed here. Goals and Objectives C+2 GC34090 Departmental goals and objectives Open Meetings Act C+2 GC34090 Lo~ls, documentation Payroll Time Sheets C+2 GC34090; GC6250 Maintained by departments; for preparation of time cards that are submitted to Finance Plaques, scrapbooks, flags, P Histodc value photographs, street maps, significant sister city records Reports: Departmental C+2 GC34090 Special/final summary, review or evaluation Staff C+2 GC34090 Non-agenda related, includes supporting documentation Other Agencies Non-records/when no longer required Special Projects C+2 GC34090 Subscriptions/publication O Destroy when no longer relevant (non-city) (Obsolete) Support Services C+2 GC34090 Reproduction; printing; postal/mailing services, other internal resources Travel Records C+2 GC34090 Page 3 Admin (Continued) Records Series Title Retention Citation Remarks LEGAL/LEGISLATIVE Agendas C+2 GC34090 Original agendas and special meeting notices, including certificates of posting, original summaries, odginal communications and action agendas for Council, Boards and Commissions. (Agendas are incorporated into the minutes.) Agenda Staff Reports P GC34090(d) Odg. documentation received, created (Master, Subject Files) and/or submitted to Council (C+2-5 odg. when LaserFiche; keep P on LaserFiche) Appeals, Civil C+3 CCP 583.320(a)(3); GC34090 Applications for Board & GC34090, GC40801 Includes back-up material, resumes, and Commissions: letters Selected T+5 Not Selected C1+2 Articles of Incorporation P GC34090; CCP337.2 Case Log C1+7 CCP 337.2; 343 From close of cases listed; chronological listing of cases Case Records - (High Profile) P GC6254 Significant cases, which have importance/or, set legal precedence. Includes logs, complaints, court orders, motions, notes, briefs Case Records (Routine C1+7 42 USC s1983 Includes logs, complaints, court orders, motions, and completed) notes, briefs, closing statements (unless minors-3 years after attaining 18)- Litigation, complaints, and/or claims suspend normal retention periods (retention begins after settlement). Contractual Agreements: CCP337.2, 343, Excluding Capital p GC53066, B&PT042.5 Includes leases, equipment, services or PU7685; 48 CFR:2 supplies. Improvement HV64066; 2.08.110, GC37090a; Construction Includes Capital P 4004; H&S 19850 Improvement Contractual Agreements and P CCP 337,337. l(a), For the removal of toxic/contaminated soil all related documents 337.15, 343; GC from City property 34909 Index, Attomey Case L GC6254 Including notations on activities related to case Legal Advertising C+4 CCP 343, 349 et seq; Includes public hearing notices, legal GC 911.2; GC34090 publications Logs, Attorney Service C+2 GC34090 Service request, summaries of monthly Request requests Minutes P GC34090 (d); Official minutes and headng proceedings of GC36814; GC40801 governing body or board, com'n or com'tee Notices, Meeting C+2 GC34090.7, Special Meetings 54960.1c(1) Opinions S+2 GC34090; GC6254 Confidential Ordinances P GC34090(d) 40806 Municipal Code Petitions C+2 GC50115; GC6253 Submitted to legislative bodies Resolutions P GC34090(d) Legislative actions 40801 Summons, subpoenas: C+2 GC34090 Originals retained at department; copies request for information or retained until no longer required. personal appearance Tapes, AudioJideo C+2 GC34090.7 When used for minute preparation; kept longer if there's potential litigation. Page 4 Admin (Continued) Records Sedes Title Retention Citation Remarks CITY CLERK Assessment Districts P GC34090 Original documentation Assessment Rolls C+5 Received from County once a year Council packets C+2 GC34090 Deeds P GC34090 City owned property Insurance policies & P GC34090 For protection from litigation certificates - liability Inventory, Records C+2 GC34090; 80 OPS Inventory of non-current or inactive records Atty. Gen. 106 holdings and location, indices. Tapes may be recycled Municipal Code P GC34090 Supplements included Passport transmittal logs Au+4 GC34090 Consistent with cash receipts Public Records Request C1+2 GC34090 Records Management C1+2 GC34090 Document includes retrieval, transfers - inactive Records Management P GC34090 Documentation of final disposition or records Disposition Certification Records Retention S+4 CCP 343 Schedule/guidelines POLICIES & PROCEDURES General Administrative S+2 GC34090; All city policies and procedures, instructions 40801 Policy, Council/ S+2 GC34090 Policies, directives rendered by Council not Proclamations assigned a resolution or ordinance number PUBLIC INFORMATION Brochures, publications, S+2 GC34090 newsletters, bulletins, schedules Calendar, City C+2 GC34090 Media Relations C+2 GC34090 Includes cable, newspaper, radio, message boards, presentations RISK MANAGEMENT Accident Reports - City C+7 29 CFR 1904.2; 29 Reports and related records Assets CFR 1904.6 Bonds, Insurance P CCP 337.2; 343 Bond and insurance policies insudng city property and other assets Claims, Damage C1+5 GC34090; City Attorney retains odginal - Paid/Denied GC25105.5 Litigation, complaints, and/or claims suspend normal retention pedods (retention begins after settlement) Incident Reports C1+7 29 CFR 1904.2; 29 Theft, arson, vandalism, property damage or CFR 1904.6 similar occurrence (excluding fire/law enforcement) (includes incidents occurring on City property) Insurance, Joint Powers P GC34090 Accreditation/MOU's/agreements, agendas Agreement (C+5 when LaserFiched) Insurance, Certificates P GC34090 Insurance certificates filed separately from contracts, includes insurance filed by licensees Insurance, Liability/Property P GC34090 May include liability, property, Certificates of Participation, deferred, use of facilities (C+5 when LaserFiched) Insurance, Workers P GC6410; 29 CFR Indemnity; PERS - working files - originals Compensation 1910.20 with Administrator Photographs, Negatives, Film C+2 GC34090 Risk Management Reports C1+5 OMB 1220-0029; 29 Federal OSHA Forms; Loss Analysis CFR 1904.4; Report; Safety Reports; Actuarial Studies GC34090 Page 5 RECORDS RETENTION SCHEDULE COMMUNITY DEVELOPMENT Community Development Records Series Title Retention Citation Remarks ADMINISTRATION Benchmark Data C+2 GC34090d Horizontal, vertical & control Bids & Proposals C+2 GC34090d (Unsuccessful) Bids & Proposals (Successful) C1+10 GC34090d Represents completion of all terms of the executed contract or agreement with the organization submitting the successful bid or proposal. Bonds: Development P CCP 337.5 Housing; Industrial Development Security P GC34090 Documentation created and or received in connection with the performance of work/services for the city, or for the parcel maps and subdivision work Code Books P GC34090e National Electrical Code, Uniform Building, Mechanical, Plumbing & Supplements Committees C+5 GC34090 Member lists, minutes/agendas, informational material, reports Drawings, Project Plan L GC34090d Does not include those usually filed with case, project or permit Franchises P GC65864, 65869.5, Including subdivision agreements, 34090 CCP337.2, contracts for sale or purchase of 343; AC16023 property, cable, grant of easements and/or involving construction of improvements General Subject CI + 2 GC 34090 Internal working files including correspondence Historic Preservation Inventory P GC34090d Historic Structures & Landmarks Historic Preservation Commission P To Historic Resource property owners Grants Incident Reports C+2 GC34090d Emergency call-outs Master Plans P GC34090 Special or long range program plan for municipalities - coordination of services; strategic planning Photographs - Aedal S+2 GC34090d Aedal photographs Project Files (Case Files) P GC34090a; Pertains to real property, new H&S 19850; 4003, construction, storefront improvements, 4004 rehabilitation projects, and promotions. May include blueprints, drawings, maps, photos (including negatives) plans, reports, evaluations, correspondence, uses, permits, variances, studies, appeals, compliance certificates, preliminary notices, lot line adjustments or other planning-related matters brought before the legislative body Reports, Activity C+2 GC34090 Periodic Seismic Retrofit Program P GC34090a Includes Certificates of Compliance Page 6 Community Development (Continued) Retent Citation Remarks ion Records Series Title BUILDING Address/permit files P A-Zita, contains finalized permit information Blueprints of city owned property/buildings P Certificates of Occupancy L GC34090a Compliance, elevation, occupancy which affect real property Construction drawings, Specifications C1+2 GC34090d Submitted by contractors with application never issued for permit never issued. Flood Records C+2 GC34090 Inspection P GC34090d Correspondence, fees, appeal requests, reports Logs C+5 GC34090 Logs, registers or similar records listing permits, certificates of occupancy issued; may include inspection, building activity, daily, plan check, utility Microfilm - Property History P Plan Check Files P GC34090a; 4003; Commercial and residential construction, 4004; H&S 19850, tenant improvements - room additions, 19853 spa, signs, block wall, remodel including security bonds Projects, not completed or denied 180 GC34090d Uniform Admin Code, Sec 303.4; permit days expires, and Sec. 304.4 plans expire after approv ed Receipts for payment P Manually prepared Signs (Temporary) S+2 GC34090d Home occupations, off-premise signs Street Names and House Numbers P GC34090a Street dedications, closings, address assignment/changes ENGINEERING Capital Improvement Project Plans P GC34090 Infrastructure - streets, curbs, gutters, sidewalks, storm drains, water, sewer, parks Capital Improvement Projects C1+10 CCR337.15 Supporting documents including bidders list, specifications, reports, plans, work orders, schedules, etc. Capital Improvements, Construction- P 2.083110; GC34090a; Contains records re: Planning, design, Municipal Facilities 4004; H&S 19850; construction, conversion or modification of local govemment-owned facilities, structures & systems Construction Tracking Daily P CCR337.15 Daily Tracking Drawings, Traffic Control Plan P GC34090a Signs, signing & striping, road construction Flood Control C1+2 GC34090d Storm Drains Maps & Plats P GC34090a Engineering & field notes and profiles; cross-section of roads, streets, right-of- way, bddges; may include annexations, parks, tracts, block, storm drains, water easements, bench marks, trees, grading, landfill, fire hydrants, base maps, etc. Permits: Encroachment P GC34090 Improvement C+2 GC34090 May include curbs, sidewalks; Applications for excavation, fill, alterations Oversize Load C+2 GC34090 Parking C+2 GC34090 Residential Page 7 Community Development (Continued) Retenti Citation Remarks Records Series Title on Paving C+2 GC34090 Use (Temporary) C+4 GC34090 Includes Special Events Other C1+2 GC34090d Alterations, excavations, road, street sidewalks & curb alterations, transportation, swimming pool drainage, temporary uses, etc. Programs: Federal Programs C+3 23CFR633 (a) & (c) Traffic Safety C+2 GC34090 Pedestrian safety, bicycle lanes Reports: Bridges & Overpasses L GC34090 Life of structure Inspection C+2 GC34090 Includes intersection, sidewalks, bridges and overpasses, keep for the life of structure Studies C1+2 GC34090 Traffic volume, accident history, requests, statistics, drawings supporting traffic devices Traffic Count C1+5 GC34090 Evaluation of traffic volume Vehicle Accident C+2 GC34090 Requests for Proposals (RFP's) C+2 GC34090 Retention for Department historical value Routes, School Bus & Truck C+2 GC34090 Truck routes, access ramps, rest areas Signage L+2 GC34090 Log books, index register cards, inventory lists, records of traffic signs Special Districts P GC34090a Supporting documents re: improvement, lighting, underground utility; bonds, taxes, & construction Speed Limits S+2 GC34090 Street/Alley (Abandonment/Vacation) P GC34090d Relinquishment of dghts and fee title Studies, Special Projects & Noise Areas C1+2 GC34090d Engineering, Joint Powers, noise, transportation Surveys P GC34090a Recording data and maps Traffic Signals P GC34090 Logs, drawings, wiring diagrams, codes, circuit numbers, installation records, testing and maintenance ENVIRONMENTAL QUALITY Air Quality (AQMD) C+7 CCP 338(k); GC34090 Participants/voucher logs, Total Daily Mileage Survey (TDM); various local authorities; Commute Alternative Asbestos P GC34090a Documents abatement projects, public buildings California Environmental Quality Act P GC3490a + CEQA Exemptions, Environmental Impact (CEQA) Guidelines Report, Mitigation monitoring, negative declaration, notices of completion and determination, comments, statements of overriding considerations Congestion Management C+2 GC34090d Ride sharing, tdp reduction Environmental Review C1+2 GC34090d Correspondence, consultants, issues, conservation Pest Control C+2 GC34090d Pesticide applications, inspections & sampling, documents Soil, HAZMAT level 1 or 2 C1+2 GC34090d Analysis, construction recommendations Soil Reports P GC34090d Final Reports Page 8 Community Development (Continued) Retent Citation Remarks Records Series Title ion GRANTS Community Development Block Grant P GC34090; 24 CFR Applications, reports, contracts, and Urban Development 570.502; 24 CFR85.42' supporting documents Financial Records C1+5 GC34090 Refer to grant application close-out procedure Grants C1+5 24CFR 570.502(b) (3); Project files, contracts, proposals, 24 CFR statements, reports, sub-recipient 85.42 OMB Cir. A-110, dockets, Environmental review, grant Attach. C; documents, applications, inventory, OMB A-102 &128, HUD consolidated plan, etc. Includes Section regulations 108 loan guarantee Grants, Federal and State C1+5 GC34090 Refer to grant application close-out procedure Grants, Unsuccessful C1+2 GC34090 Applications not entitled Reports, Federal & State P GC34090a Grants, Community/Urban Development (includes CDBG) HOUSING Applications for Loans - reiected C+2 GC34090 First time homebuyers program Appraisal Reports C+5 GC34090, 6254(h) For land acquisition - not accessible to the public Bonds P CCP337 Revenue Bond Documentation Employees First Time Homebuyers Loan C1+4 GC34090, CCP 337 Loan pay-off + 4 years Program Covers statute of limitations for contracts Housing Programs P 24 CFR 570.502(b)(3); Comprehensive Housing Authority 24 CFR 85.42 & OMB Strategy, Meeting Credit Certificate, Cir. A-110, #C Housing bond advisory, HOME, In-Lieu Housing Mitigation, Low/Moderate Housing, Rental Housing Assistance Loans P GC34090 Promissory notes, Deeds of trust, detail information. Photographs C+2 GC34090d Photographs not associated with a project file Promotional Matedal C+2 GC34090 Railroad Right-of-way C+3 36CFR64.11 Land acquisitions, correspondence, improvements, statutory records Redevelopment: Budgets P GC34090, 40802, 53901 Includes annual audit GC43900 et seq. Bond Issues P Relocation Files C1+2 GC34090 Redevelopment/related to eminent domain Summer Youth Program C+2 GC34090 Invoices and detail for summer youth programs, reportable to other agencies Page 9 Community Development (Continued) Retention Citation Remarks Records Series Title PLANNING Annexation Case Files P GC34090a Reports, a~lreements, public notices Assessor Parcel Information S CC34090 County retains originals Case files, Planning & Zoning P GC34090a; Pertains to real property. May include H&S 19850; 4003; reduced copies of blueprints, drawings, 4004 maps, and plans; reports, evaluations, correspondence, notice of findings, use permits, variances, studies, appeals, compliance certificates, lot line adjustments or other planning-related matters brought before legislative body Development Agreements P CCP337, Infrastructure contracts, franchises; 337.1(a),337.15; including CC&R's, property restrictions, park GC34090; improvements, sidewalks, street & alley, 48 CFR 4.703 utilities. Development Conditions P GC34090 Mitigation measures; filed with case files Development Permits P GC34090a; H&S Building, Planning, signs, grading, including 19850; 4003; 4004 drawings and specifications Development Standards S GC34090a Landscape mediums, parkway landscape development, public works construction (copy may be retained for historic purposes) Environmental C+2 Non-records determinations/reports or neg decs for outside City boundaries General Plan and Elements P GC34090 Includes sphere of influence General & Specific Plan Amendments: Approved P GC34090 Denied C+3 GC65103: GC50110 Interpretations P GC34090 Land uses, nonconforming P GC34090a Building or site usage which does not conform to current standards Maps, Plans, Drawings, Exhibits, Retain as GC34090; Zoning, tentative subdivision, parcel, land Photos long as H&S 19850; use map, aedal photos, specific plans required GC34090.7 Projects, not completed or denied Retain as GC34090d Planning long as required Page 10 RECORDS RETENTION SCHEDULE FINANCE DEPARTMENT Finance Records Series Title Retention Citation Remarks AUDIT Annual Financial Reports P GC34090 Copy retained by City Clerk's office Budgets, Operating and Capital, P GC34090 Copy retained by City Clerk's office Adopted Reviews, Internal/External CI GC34090; Daily, weekly, monthly, quarterly, or other Periodic (completed) GC6250 summary, review, evaluation, log, list, statistics, except a report FINANCE Accounts Payable Au+4 GC34090 Invoices, check copies, supporting documents (copies maintained by departments are C+2) Accounts Receivable Au+4 GC34090 Assessment Districts T GC34090 Collection information/until termination of district; Ori~linal documentation files with City Clerk Bank Reconciliations; Bank Au+5 GC34090; Statements, summaries for receipts, statements 26 CFR 16001-1 disbursements & reconciliation's Budget adjustments Au+5 GC34090 Account transfers Business licenses C+4 GC34090; Paid & reports electronic CCP 337 Checks Au+5 GC34090 Includes payroll, canceled & voided checks CCP 337 Deposits, Receipts Au+4 GC34090; Checks, coins, currency CCP 337 Developer deposits/history T+5 Petty Cash Receipts AU+4 GC 34090 Copies maintained by departments Petty Cash Records (copies C+2 GC 34090.7 Includes copies of receipts, logs, transmittal forms being maintained by depts.) Invoices Au+4 GC34090 Copies sent for fees owed, billing, related documents Ledger: P GC34090; General CCP 337 Journal Voucher Au+4 GC34090; Account postings with supporting documents CCP 337 Purchase Orders / Requisitions Au+4 GC34090; Original documents CCP 337 State Controller P GC34090 Controller may destroy after 5 years Vendor Register P GC34090 Alpha vendor listing of purchase orders, invoices, electronic account numbers and check date Taxes, Receivable Au+3 CCP338 FIXED ASSETS Inventory Au+4 GC34090; Reflects purchase date, cost, account number 26 CFR 301 65- I(F) Surplus Property: Auction Au+2 GO340g0 Listing] of property Disposal Au+4 GO340g0: Sealed bid sales of equipment CCP 337 Vehicle Ownership & Title L VC 9900 et seq. Title transfers when vehicle sold Page 11 Finance (Continued) Records Series Title Retention Citation Remarks PAYROLL Address changes, direct deposit, Au+4 GC34090 vacation and comp times sales Adjustments Au+4 GC34090 Audit purposes 29 CFR 516.5- 516.6 Deferred Compensation T+5 GC34090; Records of employee contributions and city Reports 26 CFR 16001-1 payments 29 CFR 1627.3(2) Employee Time Cards Au+6 GC34090; Signed by employee for audit & FEMA Reports 29 CFR 516.2 29 CFR 516.6(1); IRS Reg. 31.6001- l(e)(z); R&T 19530; LC 1174(d) Reports, PERS Employee T+4 GC34090; Record of deductions (PERS Public Employee Deduction CAC 22-1085-2 Retirement System) 26 CFR 31-6001- 1; 29 CFR 516.5, 516.6, LC 1174(d) Reports, Federal and State Tax Au+4 GC34090; Forms 1096, 1099, W-4's and W-2's 29 USC 436 26 CFR 31.6001.1-4; IRS Reg 31.6001- 1(e)(2); R&T 19530;29 CFR 516.5-516.6 Reports, Labor Distribution Au+2 GC34090 Costs by employee & program Reports, Leave Hour C+4 IRS Reg 31.6001- 1(e)(2), 29 CFR 516.5-516.6, R&T19530; LC1174(d); GC 34090 Salary Records T+3 GC34090; Garnishments 29 CFR 516.2 CAPITAL IMPROVEMENT FINANCING AUTHORITY Administration P GC34090 Financial Records P GC34090, 40802, 53901 Management Reports C+2 GC34090 TREASURER Bonds: Account Statements Au+5 GC34090; Monthly statement of transactions CCP 337.5 Administration T+5 GC34090; Supporting documents CCP 337.5 Investment Transactions Reports P GC34090; Summary of transactions, inventory & earnings CCP 337; report GC 53607 Page 12 RECORDS RETENTION SCHEDULE FIRE DEPARTMENT Fire Records Sedes Title Retentio Citation Remarks n ADMINISTRATION Books, Fire Code S+3 GC 34090.7 Include OPS manuals CCP 340.5 Inspections, Fire Station C1+2 GC34090 Inspections, Fire Prevention C1+3 UFC103.34 Alarm/sprinkler systems, prevention efforts Investigations, Evidence Arson P PC799 Support prosecution resulting in homicide Investigations, Evidence Arson C1+6 PCS00 Great bodily harm, inhabited structure or property Journals, Fire Station P GC34090 Activities, personnel, engine company Legal Opinions P GC34090 From State legislature or City Attorney's office Mutual Aid, Strategic Plans C+2 GC34090 Patient Care Reports P Medical reports Permits, Fireworks C+2 GC34090 Permits for fireworks booths Policies & Procedures C+2 GC34090 Includes rules, regulations, standards FIRE PERSONNEL Background investigations: Hired T+5 GC34090 Not hired C1+2 Controlled substance P GC34090 Morphine/valium record keeping Exposure T+30 29CFR Sampling results, collection methodology, 1910.1020 background Exposure T+I 29CFR Laboratory reports and worksheets 1910.1020 Medical T+30 29CFR 1910.1020 Medical T+2 29CFR Employees less than one year 1910.1020 Training T+2 GC34090 Certifications/designations PROPERTY ApparatusNehicle C+2 GC34090 Repair and Maintenance CCP 34O.5 8 CA Code of Regulations 3203(b)(1) Field, Non-fire and Logs C+2 GC34090 Fire, Non-arson and Logs C+2 GC34090 Fire EquipmentJGear Logs C+2 GC34090 Incident Reports C1+5 GC34090 Dispatch and daily logs CCP338 CCP 34O.5 Inventory, Equipment & C+2 GC34090 Supplies Investigations, Evidence Arson C+3 PC801; Structure UFC 104.32 CODE ENFORCEMENT Abandoned Vehicles C1+2 GC34090d Private property Case Files P GC34090d Building, housing and mobile home code violation records including inspections; public nuisance rubbish and weed abatement, vehicle abatement, citations, massage parlor permits, general Forms/handouts S Knox box, after hour inspections etc. Liens & Releases, Supporting C1+2 GC34090 Utilities, abatement, licenses Logs C+2 GC34090d Lien Recovery, citations, complaints Page 13 Fire (Continued) Records Series Title Retention Citation Remarks Regulations S+2 GC34090d Includes rules Reports, Federal & State P GC34090a Code enforcement statistics; may contain records affecting title to real property or liens thereon Safety Inspector Reports P GC34090 Engine Company Violations, Building, Property & C1+2 GC34090d Supporting code enforcement activity Zoning Weed Abatement C+5 GC34090 Reports, assessments, resolutions, documentation HAZARDOUS MATERIALS Hazardous Waste Disposal C+10 CA OSHA; Documentation re handling and disposal of 40CFR122.21 hazardous waste Permits, Hazardous Materials P GC34090 Although the GC only recommends current + 2 Storage years, other agencies consistently recommend permanent retention of environmentally sensitive material Programs, Household S+2 GC34090 Hazardous Waste Training Materials S+2 Cai Code Reg. Standards and Administration 3204(d), et seq. Underground Storage Tank: Compliance P GC34090a Documents re: storage Maintenance & Oper. C+2 GC34090 Location, installation, removal, remediation Page 14 RECORDS RETENTION SCHEDULE HUMAN RESOURCES Human Resources Records Sedes Title Retention Citation Remarks Benefit Plan Enrollment, Denied T+5 GC34090 (Part of EE file) Benefit Plan Claims P GC6250 et seq.; May include dental, disability, education, health, CFR 1602.30; 32; life and vision including dependent care and Lab Rel Sec 1174 Employee Assistance 29 CFR 1637.3; 29 USC 1027; 29 CFR 1627.3; 29 USC 1113 Billings (Medical/Dental) T+25 Cai OSHA T+25 Forms 300-A Annual Summary & 301 Incident Report Classifications and Appointments P GC34090; Includes supplemental Personnel records GC12946; 29 CFR 516.6(2); 29 CFR 1602.4 Employee Accident Reports T+5 GC34090 (Part of EE file) Employee Handbook S+2 GC34090 General employee information including benefit (currently non-existent) plans Employee Programs C+5 GC34090; Recognition/customer service GC12946 Employee Rights GC12946; 29 CFR May include arbitration, grievances, union Non-Safety Employees T+5 1602; 29 USC 211 requests, sexual harassment and civil rights, Safety (Police) T+5 Ce); 203(m); 207(9) complaints, disciplinary actions Hourly Employees T+5 GC12946; GC34090 29 CFR 1627.3, Labor Relations Section 1174 Immigration P Immigration I-9's Reform/Control Act 1986 Pub L 99-603 Job interest cards C+2 GC34090 Medical Leave T+5 FMLA 1993 US (Part of EE file) May include family leave; OSHA; 29 CFR certifications; tests; W-4's 1910.20; 29 CFR 1602.30.32; 49 CFR 193-9 Motor Vehicle Pulls (DMV) C1+7 GC12946, CA 91009; 8 USC 1324 Negotiations (labor relations) P 29 USC Sections Notes, notebooks, correspondence, contracts, and 21 lc, 203(m), Memorandums of Agreements 207(9) Personnel Files: Reference: 29 CFR Applications, certificates, disciplinary action, 16273; Lbr Rltns disciplinary complaints, grievances, insurance, Non-Safety Employees - T+25 Sec 1174; 29 CFR licenses, performance appraisals, personnel Safety - T+25 1602.30.32; history, Release Authorizations; certifications; GC6250 et seq.; 29 reassignments; outside employment; CFR; GC 12946, commendations; terminations; Oaths of Office; 34090,1607.4; 29 pre-employee medicals; fingerprints; identification CFR 655.202; 29 cards (ID's) CFR 516.6 et seq.; 45 CFR 1068.6(a) Personnel Records (copies) C+2 GC34090; Attendance; evaluations; drafts; worksheets, GC6250 postings Page 15 Human Resources (Continued) Retention Citation Remarks Records Series Title PERS, Social Security, SSI T+5 29 CFR 1627.3(2); GC (Part of EE file) EEOC/ADEA 12946, 34090 Recruitment C!+3 Reference: Applications (not hired), resumes, alternate C1+5 GC12946; GC6250 et seq; lists/logs, indices; ethnicity disclosures; 29 CFR 1602 et seq.; 29 examination materials, examination CFR 1607; 49 USC answer sheets, job bulletins; eligibility; 2000(e)-8; 2000c-12 electronic database Reference Checks T+2 GC12946 Surveys & Studies C+5 GC 12946, 34090; 29 CFR Includes classification, wage rates 516.6(2); 29 CFR 1602.14 Training Records: Non-Safety C+7 GC6250 et seq. Employee/volunteer applications, program training, class training materials, internships Personnel (by name) T+7 GC34090 Paperwork documenting officers' internal and extemal training Safety C+2 GC34090 Certifications/designations Volunteer workers: Includes applications, waivers, placement hired T+2 GC34090 forms; Information is generally kept by not-hired C+2 departments Workers Compensation P CCR 14311' 15400.2 Labor Claim Files, Reports, Incidents (working Code 5405 Title 8 files) originals filed with Administrator Page 16 RECORDS RETENTION SCHEDULE INFORMATION TECHNOLOGY Information Technology Records Series Title Retention Citation Remarks Annual fiscal year and calendar C+7 GC34090 et. Considered an electronic communication and year full backups seq. can be destroyed when no longer required; retention based on administrative value Monthly full backups Until no GC34090 et Stored off-site; Considered an electronic longer seq. communication and can be destroyed when no required longer required; retention based on administrative value Daily full backups 30 days GC34090 et. Considered an electronic communication and seq. can be destroyed when no longer required; retention based on administrative value; recycle tapes Internet, Wodd Wide Web C+2 GC34090 Management/policies and supporting documentation Inventory information systems C+2 GC34090 Hardware/software inventory logs; systems manuals Licenses C+2 GC34090 Forms, documentation required by Federal or State Agencies Network information systems C+4 GC34090; Configuration maps and plans (LAN/WAN) CCP 337.2; CCP 343 Page 17 RECORDS RETENTION SCHEDULE LIBRARY LIBRARY Records Series Title Retention Citation Remarks Class rosters C1+2 GC 34090 Grants received P Applications, reports, all pertinent documents; kept in-house, historic value Library Board of Trustees P Histodc value meeting packets Patron comments on materials C+7 Cards filled out by Library patrons and kept in-house Staff manual C Kept in-house State library reports P Histodc value Page 18 RECORDS RETENTION SCHEDULE POLICE DEPARTMENT Police Citation Remarks Retention Records Series Title POLICIES & PROCEDURES Dept. Procedures / General Orders S+5 Dept. Rules & Regulations S Records' Procedures S PERSONNEL/TRAINING Payroll C+2 Personnel: Background investigations: Hired T+5 Not hired C1+2 Personnel information C+2 PAF's OSHA reports, change of address forms (copies) Accident Review C1+5 PC 832.5 Investigation of employee-involved vehicle accidents. Citizen Complaints C1+5 PC 832.5 Investigation of complaints by citizens Internal Affairs C1+5 PC 832.5 Investigation of alleged employee misconduct. Shooting/officer involved L GC 34090 Investigation of officer-involved shootings. Daily Attendance C+2 Employee work schedule Schedules Training T+2 Employee training (includes sworn and non sworn) Recruitment C+2 GC12946 Background information on applicants. Personnel Photographs S+2 GC34090 Bi-annual CJIS Certification C+2 Comp Time/Shift Swap Request C+2 Forms Crossing Guards T+2 Daily Roster C+2 Employee lists S GC 34090 Until superseded; computerized and updated periodically Grievance files C1+2 Grievance filed by employees, supporting documentation Hostage Negotiation Team C+5 K-9 Training C+5 P.O.S.T. compliance- Dispatchers T+2 P.O.S.T. notification of appointment/ T+2 termination P.O.S.T. reimbursements C+2 P.O.S.T. school travel C+2 authorizations Performance Reviews T+2 Copies (Orig. in HR) Personnel meeting notes C1+2 Reserve Officers; training, T+2 jobs/hours worked Shift Bids C+2 SWAT C+5 Training bulletins, lesson plans P (range), firearms (range) Training/Schools C+2 Page 19 Police (continued) Retention Citation Remarks Records Series Title Twenty-First Century Leadership S Academy Use of force/Supv, review C1+2 Volunteer card files T+2 GC34090 Volunteers' ID, contact info Watch Assignment/timekeeping C+2 records CRIME / ACCIDENT / INCIDENT / ARREST REPORTS, CITES, WARRANTS Felony crimes with or without P PC800,801 arrests See desc GC34090 Commencement of prosecution defined in PC 804. Exception: See PC 803 - Tolling/Extension of time periods: Appeals process and ~Three Strikes" also considerations in assi~]nin~l retention. Felony & Misdemeanor Crimes w/o See desc PC 799, 800, Retention per Statute of Limitation arrest- Sections 799,800, 801, 801,801.5, (Refer to Page 25, Note 2) 801.5 801.6, 802(a), 802(b) and 802(c) Traffic Accidents Involving City property or C+7 personnel Fatal & major injury P Involving arrest P All others C1+2 Infractions or no cdme occurred C1+2 GC 34090 No arrests, identifiable property of missing persons (Refer to Parle 25, Note 1) Specific Reports by title: Mental Case P D.V. related Ass&Bat P Involves City property or C+7 personnel Missing persons C1+2 Sexual assaults P Child abuse & neglect P 11170(a)(3) PC If substantiated or inconclusive must be retained minimum 10 yrs. Arrest/conviction H&S Section C1+2 H&S 11361.5 Applicable to convictions occurring after 11357(b),(c),(d),(e) or H&S Section (Mandatory 1976 or arrests not followed by a conviction 11360(b) violations (occurring after destruction occurring after 1976; exception: 11357(e) 1976) from date of retained until a juvenile offender attains the conviction or age of 18 years, then destroyed pursuant to date of arrest 11361.5 w/no conviction) Arrest/Conviction H&S Section Mandatory H&S 11361.5 Applicable to convictions occurring pdor to 11357(b), (c), d), (e) violations destruction (c) 1976 or arrests not followed by a conviction (occurring before 1976 (w/written occurring prior to 1976 violations of H&S notice from Code 11357, 11364, 11365, 11550 DO J) Citations: Califomia Vehicle Code C+2 GC34090 Original is forwarded to court Infractions (Police Copy) Parking/Traffic C+2 GC34090 Originals are forwarded to court after agency processing; includes citations electronically created Transmittals C+2 GC34090 Listing of citations forwarded to court, filed for reference Page 20 Police (Continued) Records Series Title Retention Citation Remarks Arson, Sex, and Narcotics L Fingerprint Card, photo, & criminal history. Registrant Files Information also forwarded to DOJ Evidence tapes See desc GC34090.6 Destroyed after adjudication of case, or statute of limitations Field Interview Records C+2 GC34090 Contact info Fingerprints: Applicant Files T+2 GC34090 Checks for city employment, business license applicants; may include related paperwork (DOJ Transmittal form) (covers all City depts.) Local 10-digit or palm pdnt cards L Persons booked into detention facility Latent prints See desc Latent prints are treated as evidence Suspect, Adult/Juvenile CI Adults/juveniles suspected of a crime, taken for comparison. Destroy after original purpose achieved. Destroy when other evidence is destroyed. Homicide (investigator's file) P GC 34090.6 Photographs and negatives: Crime Scene See desc Destroy when case closed &/or no longer functional Traffic accident scene: Retention is same "Traffic Accidents" Involving City property or C+7 reports, Pg 21 personnel Fatal & major injury P Involving arrest P All others C1+2 Mug shots L Life of arrestee Rap Sheet DOJ GC34090 Requests for cdminal history of defendant, advises to suspect/potential suspect keep only as long as needed Sealed Records: Adult found factually innocent Mandatory PC851.8 General provision; upon petition, records of destruction agency must be sealed and destroyed in upon and accordance with the provisions set by court pursuant to record; exceptions. Court Order Juvenile Mandatory WlC 826(a) Local law enforcement records within WlC destruction &(b), 826(b) may be destroyed as ordered by the upon and WlC 781(A) court. Records involving arrests, detention pursuant to and/or petitioning juvenile before juvenile Court Order court Tapes (audio, video, as evidence) See desc Same retention as cdme report. Warrants: Felony Eligible for Recommended by the California Law recall after 10 Enforcement Warrant Officer's Association yrs, upon review by DA's ofc. on case-by-case basis. Misdemeanor Criminal Recall after Recommended by the CA Law Enforce 5 yrs Warrant Officer's Assoc. Served C Included warrant service information card, alpha index card Unserved (local) See desc Until served, recalled or purged Page 21 Police (Continued) Retention Citation Remarks Records Series Title INTELLIGENCE ABC files C1+2 Gang Member Index C+2 Name, address, monikers, gang affiliation of active members Gang Registration C+2 Meeting notes, development of Dept. procedure Intelligence Operations Bulletins CI Narcotics: T+10 Legal notifications, identification information, Confidential Informant Files payment information, activities information Parolees records - SSF See desc List of current active parolees. Destroyed individually when person is no longer on parole. Pawn Broker/Secondhand Dealer C+2 GC34090 Pawn slips. Dealer required to file duplicate with agency. Probation records- Juvenile C1+2 Info from County ofjuvs in SSF on probation Registration files - CIB C1+2 TIP Bulletins C+2 Wanted Posters- FBI CI DEPT. PROGRAMS / SPECIAL PROJECTS ABC G.A.L.E. C+2 Adopt-a-Dwelling C+2 Adopt-a-School C+2 Citizens' Academy C+2 Commendation Committee C+5 COPPS S D.A.R.E. C+2 Directed Patrol Logs C+2 Domestic Violence Tracking C+2 Downtown Offenders C+2 Downtown Project C+2 Explorer Program: For donations to the Police Explorer Post to Checkbook, savings accounts and Au+4 GC34090 augment monies budgeted by the city; accounts payable checks received Program files C+2 Minutes of meetings, trip plans, evaluations First Chance Program C+2 Grant Wdting C+2 Gratuity File C+2 Juvenile Smoking (308B P.C.) C+2 Law Enforcement Block Grants C1+5 Lesson Plans: DARE, gangs, sober S graduation, citizens' academies Narcotics Task Force (NTF) - C+2 County PAL Program: Bills, team expenses, accounts C+2 GC34090 For payment of activities and other expenses in regard to the PAL Program. Treasurer Reports P GC34090 Yearly final reports done by an accountant not employed by City. Insurance Contracts P GC34090 Proof of insurance coverage. Membership lists C+2 GC34090 Pal Program membership rosters. Monthly newsletters C+2 GC34090 Newsletters describing upcoming events. Permission slips C+2 GC34090 Permission slips signed by parent giving the okay for the child to participate in a given activity. Page 22 Police (Continued) Retention Citation Remarks Records Series Title Project N.E.A.T. C+2 Sober Graduation C+2 Summer Youth Work Program C+2 Transient Encampments C+2 Vehicle Theft Task Fome (VTTF) - C+2 County LOGS / STATS / INVENTORY Asset Forfeiture: C1+2 GC 34090 Log by case number, defendant's name, Proceedings Case File amount of money involved and how distributed Booking fees paid to County C+2 Case Assignment Log (:+2 Case # and detective assignments Court Liaison's filing log C+2 Contains case number, arresting officer, suspects' names, charges, victims' names, date of filing Dispatch Incident/Status Cards C+2 GC34090 Equipment: Manuals, warranties, instructions T Retained until termination of equipment use Service Records T Retained until termination of equipment use Firearms Inventory P Department-owned weapons, personal weapons, alternate weapons, secondary handguns; produces inventory reports Holding facility: Jail Operations C1+2 "Lock-up" inspection reports Temporary Holding Facility C+6 Individual's name, age, sex, report #, Health Questionnaire and Facility charge(s), cell #, ID#, time date, time log checks, officer's name Property Control C+2 GC34090 Log items coming into and going out of property room. Is done on Property/ Evidence form and filed with the case report when completed. Reports, Activity: Daily Activities Records C+2 Daily accounting of calls-for-service and initiated activities by officers and PSTs Daily Activity Report (monthly) C+2 Undercover activity financial C+2 disbursement records (buy fund) Speedometer calibration certificates C+2 Statistical (Crime analysis) C+2 Internal generated info, using activity logs, citizen calls, current & past crime statistic reports, citations, cdme reports, accident reports, permits, receipts. Reports created for vadety of purposes including increases/ decreases in cdminal activity; officer workload, deployment, time usage Subpoena Log Book C+2 GC 34090 Subpoenas received/served daily Towed/stored vehicle logs C+2 Date, time, locations, description of vehicle, tow company UCR Crime statistics C+5 Uniform Crime Reports. Mandatory to DOJ. TRAFFIC Abandoned Vehicle Abatements C+2 C.A.R.E. (Citizen Assisted Radar C+2 Enforcement) Page 23 Police (Continued) Retention Citation Remarks Records Series Title Courtesy Notice of Violation C+1 DUI Cost Recovery C+2 Monthly Traffic Reports C+2 Office of Traffic Safety Grant- Avoid C+2 the 23 Parking Cite Fine Collection C+2 Parking Place Commission C+2 Working files Preliminary Alcohol Screening (PAS) C+2 calibration log Radar calibration records T+2 GC 34090 Documentation of radar instruments retained during use/ownership Radar Survey S+2 Rat Boxes C+2 SWITRS C+2 TARPS Expense & Accommodation C+2 worksheets Taxi Cab Inspections C+2 Taxi Cab Driver Applications T+2 Tow Companies C+2 Tow Truck Drivers' ID T Tow Truck Inspection C+2 Traffic Activity Log C+2 Traffic Complaints C+2 Traffic Counts C+5 Traffic Officer Statistics C+2 GENERAL SUBJECTS & CORRESPONDENCE 9-1-1 Printouts C+2 Accounting / cash reconciliation Au+4 Records of monies into the General Fund Affidavit of Costs C+2 Auction Records C+2 Bail receipts C+2 Bike Registration Files C+2 GC34090 Bike registrations and renewals Briefing Board Info C+2 Business Licenses - PD approval C+2 Citizen Questionnaire / Survey C+2 Citizen response to service received or Response request for service & correspondence Civil Subpoena Witness Fees C1+2 Client Alert/Legislative Updates S+2 Code Enforcement Log C+2 Colma PD Contracts T+5 Concealed Weapon Permit A+2 CPS & California Law Enforcement C1+2 Procedure/agreement to release State Teletype system (CLETS) summary criminal history Daily Cash Audit Sheets Au+4 Damaged Vehicle Log C+2 Dance Hall Security Payments C+2 Destruction of firearms / narcotics P GC 34090 Disposal file Fingerprinting Transmittals to the C+2 DOJ Page 24 Police (Continued) Retention Citation Remarks Records Series Title Firearms Dealers C+2 NCIC Validations C+2 OSHA Claims T+2 Palmistry Applications C+2 Repossession/Private Tows of C+2 Written verification from particular Vehicles companies Research Project Files C1+2 GC34090 May include request forms, background materials, staff reports, final project reports and supporting data. Restitutions C+2 Restraining Orders, EPOs C Destroy after law enforcement actions described in PC 273.5, 273.6, 646.9, 12028.5, 13700 and Family Code Sections 6380-6383 are fulfilled and effective date of restraining order has expired Ride-Alongs C+2 Security Guard Agencies C+2 Solicitors C+2 Staff Meeting Notes C+2 Supervisors' Meeting Notes C+2 Taser T+2 Uniform Vouchers (by name) C+2 GC34090 Authorize purchase Vehicle Inventory Sheets C+2 The destruction of felony, misdemeanor and infraction Crime/Case/Incident Reports is permitted providing: Note 1 1. 2. 3. 4. 5. 6. They do not relate to an unadjudicated arrest except for H&S 11357 or H&S 11360 violations; They do not relate to unserved warrants; They do not involve identifiable items which have not been recovered; They do not relate to PC 290, PC 457.1, or H&S 11590 registrants; They do not relate to violations listed in PC Sections 799 and 800; The cases are not presently involved in either a civil or criminal litigation. Page 25 RECORDS RETENTION SCHEDULE PARKS, RECREATION AND MAINTENANCE SERVICES PR&MS Retention Citation Remarks Records Series Title ADMIN/RECREATION Accident Reports - Rec program C1+2 GC34090 Accidents by patrons using City facilities, patrons attending classes City co-sponsored groups Applications, rosters, financial reports Class Rosters C+2 GC34090 Day in the Park C+5 GC34090 Year to year working files; vendor and event information Facility Rentals/Use C+2 GC34090 Permits, contracts, diagrams, schedules, insurance binders Harbor District/Marina P Historic records; billings, financial reports; administrative records Park In Lieu Fees P Dev. Projects - formula for determining fee and record of payments Photographs S+2 GC34090 Special events, retained for historic purposes Plans, Proposed C+2 GC34090 Future plans, new sites, expansions or until superceded Refund requests Au+4 Classes, facility rentals Schedules, Classes & Events C+2 GC34090 Enrollment, liability releases, evaluations, attendance, flyers School District/City leases P Copies maintained for reference purposes Studies C1+2 GC34090 Future park sites, expansions SENIOR SERVICES Grants - Aging C1+5 GC34090 Federal and state grants Project Files C+2 GC34090 Current project information including memos, correspondence, supporting documents relative to the project Receipts - donations C+2 GC34090 Used in quarterly reporting to other agencies STREETS/PARKS Abandonments/Vacations P GC34090 Closures P GC34090 Common Greens C+5 GC34090 Maintenance, assessments Community Garden License C+5 GC34090 Agreements Easements, Dedications, Rights-of- P GC34090 Way Field Books P GC34090 Incident Reports C1+7 GC34090 Damage to parks, facilities Intersection Records C+2 GC34090 Includes correspondence, volume counts, accident history Inventory, Equipment A+2 GC34090 Warranties, purchase orders Landscaping Records C+2 GC34090 Plants, tree maintenance, work orders, contracts, complaints, specifications, photos, reports Landscape Drawings 2 GC34090 Drawings Lighting C+2 GC34090 Maintenance, work orders Page 26 PR&MS (continued) Retention Citation Remarks Records Series Title Maps P GC34090 Irrigation, plot plans, fire hydrants, lighting districts, wheel chair ramps, storm drains, streets, sidewalks, utilities Maintenance and Operations C+2 GC34090d Service requests, invoices, supporting documentation; buildings, equipment, field engineering, public facilities including work orders and graffiti removal Master Plans C+2 GC34090 Copies Parking: Lots C+2 GC34090 Regulations S+2 GC34090 PG&E Programs C+5 Reports/Studies C1+2 GC34090 Tree removal permits C+5 GC34090 CITY GARAGE Accident Reports, Vehicle C1+2 GC34090 memos and working documents Fueling A+3 CCP 337 Meter readings, fuel consumption reports, invoices, receipts and records pertaining to refueling operations Hazardous Waste Disposal C+10 CAL OSHA; Documentation re: the handling and disposal 40 CFR 122.21 of hazardous waste Inventory, Equipment Parts & L+2 GC34090 Includes vehicles and related documents re Supplies repairs Inventory, Vehicle Ownership and L+2 GC34090 Owner's manual, warranty documents, Title Department of Motor Vehicle title and registration, and related documents Licenses, Permits C+2 GC34090 Forms, related documentation re: licenses and permits required by federal and state agencies Maintenance and Operations L+2 GC34090 Related to requests for service and work orders for fuel, vehicle and equipment maintenance and repairs Vehicle Assignment C+2 GC34090 Log books, request forms, lists Page 27 RECORDS RETENTION SCHEDULE PUBLIC WORKS Public Works Records Series Title Retention Citation Remarks WQCP Facilities P GC34090 If city owned Underground utilities P GC34090 GC4003, GC4004; H&S 19850 Billing/Customer Records C+2 GC34090 Billings, correspondence, complaints Connection Records P GC34090 Maps, water line connections Inventory, Equipment C+2 GC34090 Location records P GC34090 Mains, valves, hydrants, wells Maintenance and Operations: C+3 GC34090 Includes work orders, inspection, repairs, cleaning, reports, complaints Service C+3 GC34090 Includes work orders, entry cards, manholes, service to property owners Well & Pumping C+2 GC34090 Times operational, power used and quantity Maps P GC34090 Line location; easements Master Plans C+2 GC34090 Copies Meter Operations C+3 GC34090 Reader reports, orders, tests Maintenance Reports plus meter ID, all is kept in financial system Permits See desc. May depend on terms of state or federal agency Rates S+2 GC34090 Reclamation C+5 40CFR122.41 Daily operations including sewage flow, grit removal, chlodne usage, lab analysis results, etc. Reports: Conservation C+2 GC34090 Consumption C+2 GC34090 Corrosion Control C+12 40 CFR 141.91 Compliance documentation Discharge Monitoring C+5 40 CFR 122.41 Average amount of pollution discharged into waters of municipality Drinking Water C+10 40 CFR 141.33 Corrections Hydrograph P GC34090 Daily flow of streams Lead Service Line C+12 40 CFR 141.91 Compliance documentation Public Education C+12 40 CFR 141.91 Compliance documentation Quality Parameters C+12 40 CFR 141.91 Compliance documentation Sanitary Surveys C+10 40 CFR 141.33 Statistics, reports, correspondence Source Water C+12 40 CFR 141.91 Compliance documentation, e.g. lead & copper State Certification C+12 40 CFR 141.91 Compliance documentation Variances, Water System C+5 40 CFR 141.33 Well Level C+2 GC34090 Page 28 Public Works (continued) Retention Citation Remarks Records Series Title , Sources, water C+2 GC34090 May include wells, rivers, lakes, districts Surveyor Field Notes P GC34090 Notes preparatory to maps of water installations Surveys, Water System Sanitary C+10 40 CFR 141.33 Statistics, reports, correspondence Tests Bacteriological Analysis: C+5 40 CFR 141.33 Compliance records include location, date, method and results; corrections, analysis of bacterial content Chemical Analysis C+10 40 CFR 141.33 Compliance records include location, date, method used and results; corrections, analysis of chemical content Quality C+12 40 'CFR Compliance documentation including sampling 141.91 data, analysis, reports, surveys, documents, evaluation, schedules, valves, etc. Valve Main Records P GC34090 Violations, Drinking Water C+3 40 CFR 141.33 Retention applies to each violation Page 29 RECORDS RETENTION SCHEDULE AND INDEX File series not addressed in the retention schedule should be considered routine in nature and should be identified as "General Subject" page 3, and retention for those files should be two (2) years unless specific laws, decisions or opinions would apply to the file series. If a file series is not addressed in the attached schedule and the department believes other legal requirements apply or it is an essential record either for legal, historical, fiscal or administrative value, then that series can be added to the retention schedule. The retention schedule is not a "permanent" document, but flexible in nature to accommodate legal, administrative, or fiscal policy changes. RECORDS RETENTION INDEX RECORD SERIES DEPARTMENT PAGE 9-1-1 Print-Outs Police 24 Abandoned Vehicle Abatements Police 23 Abandoned Vehicles Fire 14 Abandonments/Vacations Parks, Recreation & Maint Services 26 ABC G.A.L.E. Police 22 ABC Files Police 22 Accident Reports - City Assets Administration 5 Accident Reports - Rec Program Patrons Parks, Recreation & Maint Services 26 Accident Reports, Vehicle Parks, Recreation & Maint Services 27 Accounting / Cash Reconciliation Police 24 Accounts Payable Finance 11 Accounts Receivable Finance 11 Address Changes, Direct Deposit, Vacation and Comp Times Sales Finance 12 Address/permit files Community Development 7 Adjustments Finance 12 Adopt-A-Dwelling Police 22 Adopt-A-School Police 22 Affidavit of Costs Police 24 Agenda Staff Reports (Master, Subject Files) Administration 4 Agendas Administration 4 Air Quality (AQMD) Community Development 8 Annexation Case Files Community Development 10 Annual Financial Reports Finance 11 ApparatusJehicle Fire 13 Appeals, Civil Administration 4 Applications For Board & Commissions Administration 4 Applications For Loans - Rejected Community Development 9 Applications, Absentee Ballots and Envelopes Administration 2 Appraisal Reports Community Development 9 Arson, Sex, and Narcotics Registrant Files Police 21 Articles of Incorporation Administration 4 Asbestos Community Development 8 Assessment Districts Administration 5 Assessment Districts Finance 11 Assessment Rolls Administration 5 Assessor Parcel Information Community Development 10 Asset Forfeiture Police 23 Auction Records Police 24 Audit Finance 11 Background Investigations Fire 13 Bacteriological Analysis (WQCP) Public Works 29 Bail Receipts Police 24 Ballots Administration 2 Page i RECORD SERIES DEPARTMENT PAGE Ballots - Prop 218 (Assessment Districts) Administration 2 Bank reconciliations Finance 11 Benchmark Data Community Development 6 Benefit Plan Claims Human Resources 15 Benefit Plan Enrollment, Denied Human Resources 15 Bi-Annual CJIS Certification Police 19 Bids & Proposal Community Development 6 Bids, RFQ's, RFP's Administration 3 Bike Registration Files Police 24 Billing/Customer Records (WQCP) Public Works 28 Billings (Medical/Dental) Human Resources 15 Biographies Administration 3 Blueprints of City Owned Property/Buildings Community Development 7 Bonds Finance 12 Bonds (CDBG) Community Development 9 Bonds (Development) Community Development 6 Bonds, Insurance Administration 5 Booking Fees Paid to County Police 23 Books, Fire Code Fire 13 Books, Technical Administration 3 Briefing Board Info Police 24 Brochures, Publications, Newsletters, Bulletins, Schedules Administration 5 Budget Adjustments Finance 11 Budget, operating and capital, adopted Finance 11 Budgets, Operating Administration 3 Business Licenses Finance 11 Business Licenses - PD Approval Police 24 C.A.R.E. (Citizen Assisted Radar Enforcement) Police 23 Cai OSHA Human Resources 15 Calendar (Elections) Administration 2 Calendar, City Administration 5 Califomia Environmental Quality Act (CEQA) Community Development 8 Candidate Statements Administration 2 Capital Improvement/Financing Authority Administration Finance 12 Capital Improvement Project Plans Community Development 7 Capital Improvement Projects Community Development 7 Capital Improvements, Construction-Municipal Facilities Community Development 7 Case Assignment Log Police 23 Case Files Fire 13 Case Files, Planning & Zoning Community Development 10 Case Log Administration 4 Case Records - (High Profile) Administration 4 Case Records (Routine and Completed) Administration 4 Certificates of Election Administration 2 Certificates of Occupancy Community Development 7 Checks Finance 11 Citations Police 20 Citizen Questionnaire / Survey Response Police 24 Citizens' Academy Police 22 City Co-Sponsored Groups Parks, Recreation & Maint Services 26 Civil Subpoena Witness Fees Police 24 Claims, Damage Administration 5 Class Rosters Parks, Recreation & Maint Services 26 Classifications and Appointments Human Resources 15 Client Alert/Legislative Updates Police 24 Closures Parks, Recreation & Maint Services 26 Code Books Community Development 6 Page ii RECORD SERIES DEPARTMENT PAGE Code Enforcement Community Development 13 Code Enforcement Log Police 24 Colma PD Contracts Police 24 Commendation Committee Police 22 Committees Community Development 6 Common Greens Parks, Recreation & Maint Services 26 Community Development Block Grant and Urban Development Community Development 9 Community Garden License Agreements Parks, Recreation & Maint Services 26 Comp Time/Shift Swap Request Forms Police 19 Concealed Weapon Permit Police 24 Congestion Management Community Development 8 Connection Records (WQCP) Public Works 28 Construction Drawings, Specifications Never Issued Community Development 7 Construction Tracking Daily Community Development 7 Contractual Agreements Administration 4 Contractual Agreements (copies) Administration 3 Controlled Substance Fire 13 Copies or Duplicates Administration 3 COPPS Police 22 Correspondence Administration 3 Correspondence/Reports Administration 3 Council Packets Administration 5 Court Liaison's Filing Log Police 23 Courtesy Notice Of Violation Police 24 CPS &Califomia Law Enforcement Teletype System (CLETS) Police 24 Crime, Accident, Incident, Arrest Reports, Cites, & Warrants Police 20 Crossing Guards Police 19 D.A.R.E. Police 22 Daily Cash Audit Sheets Police 24 Daily Roster Police 19 Damaged Vehicle Log Police 24 Dance Hall Secudty Payments Police 24 Day In The Park Parks, Recreation & Maint Services 26 Deeds Administration 5 Deferred Compensation Reports Finance 12 Deposits, Receipts Finance 11 Dept. Procedures / General orders Police 19 Dept. Rules & Regulations Police 19 Destruction Of Firearms / Narcotics File Police 24 Developer Deposits/History Finance 11 Development Agreements Community Development 10 Development Conditions Community Development 10 Development Permits Community Development 10 Development Standards Community Development 10 Directed Patrol Logs Police 22 Dispatch Incident/Status Cards Police 23 Domestic Violence Tracking Police 22 Downtown Offenders Police 22 Downtown Project Police 22 Drawings, Project Plan Community Development 6 Drawings, Traffic Control Plan Community Development 7 DUI Cost Recovery Police 24 Easements, Dedications, Rights-Of-Way Parks, Recreation & Maint Services 26 Elections Administration 2 E-mail Information Technology 17 Employee Accident Reports Human Resources 15 Employee Handbook (Currently Non-Existent) Human Resources 15 Page iii RECORD SERIES DEPARTMENT PAGE Employee Lists Police 19 Employee Programs Human Resources 15 Employee Rights Human Resources 15 Employee Time Cards Finance 12 Employee Time Sheets Administration 3 Employees First Time Homebuyers Loan Program Community Development 9 Engineering Community Development 7 Environmental Determinations/Reports or Neg Decs For Outside City Community Development 10 Boundades Environmental Review Community Development 8 Equipment Police 23 Equipment Files Administration 3 Evidence Tapes Police 21 Explorer Program Police 22 Exposure Fire 13 Facilities (WQCP) Public Works 28 Facility Rentals/Use Parks, Recreation & Maint Services 26 Fair Political Practices Administration 2 Field Books Parks, Recreation & Maint Services 26 Field Interview Records Police 21 Field, Non-Fire and Logs Fire 13 Financial Records Community Development 9 Financial Records (CIFA) Finance 12 Fingerprinting Transmittals To The DOJ Police 24 Fingerprints Police 21 Fire Equipment/Gear Logs Fire 13 Fire, Non-Arson and Logs Fire 13 Firearms Dealers Police 25 Firearms Inventory Police 23 First Chance Program Police 22 Fixed Assets Finance 11 Flood Control Community Development 7 Flood Records Community Development 7 Forms Administration 3 Forms/Handouts Fire 13 FPPC Blank Forms, Manuals Administration 2 Franchises Community Development 6 Fueling Parks, Recreation & Maint Services 27 Gang Member Index Police 22 Gang Registration Police 22 Garage Parks, Recreation & Maint Services 27 General & Specific Plan Amendments Community Development 10 General Administrative Administration 5 General Plan and Elements Community Development 10 General Subject Administration 3 General Subject Community Development 6 General Subjects and Correspondence Police 24 Goals and Objectives Administration 3 Grant Writing Police 22 Grants Community Development 9 Grants - Aging Parks, Recreation & Maint Services 26 Grants received Library 18 Grants, Federal and State Community Development 9 Grants, Unsuccessful Community Development 9 Gratuity File Police 22 Grievance Files Police 19 Harbor District/Marina Parks, Recreation & Maint Services 26 Page iv RECORD SERIES DEPARTMENT PAGE Hazardous Materials Fire 14 Hazardous Waste Disposal Fire 14 Hazardous Waste Disposal Parks, Recreation & Maint Services 27 Historic Preservation Commission Grants Community Development 6 Historic Preservation Inventory Community Development 6 Historical Documents Re: Elections Administration 2 Holding Facility Police 23 Homicide (Investigator's File) Police 21 Hostage Negotiation Team Police 19 HouHy Employees Human Resources 15 Housing Programs Community Development 9 Immigration Human Resources 15 Incident Reports Administration 5 Incident Reports Community Development 6 Incident Reports Fire 13 Incident Reports Parks, Recreation & Maint Services 26 Index, Attomey Case Administration 4 Inspection Community Development 7 Inspections, Fire Prevention Fire 13 Inspections, Fire Station Fire 13 Insurance Policies & Certificates - Liability Administration 5 Insurance, Certificates Administration 5 Insurance, Joint Powers Agreement Administration 5 Insurance, Liability/Property Administration 5 Insurance, Workers Compensation Administration 5 Intelligence Operations Bulletins Police 22 Internet, World Wide Web Information Technology 17 Interpretations Community Development 10 Intersection Records Parks, Recreation & Maint Services 26 Inventory Finance 11 Inventory, Information Systems Information Technology 17 Inventory, Equipment Parks, Recreation & Maint Services 26 Inventory, Equipment & Supplies Fire 13 Inventory, Equipment (WQCP) Public Works 28 Inventory, Equipment Parts & Supplies Parks, Recreation & Maint Services 27 Inventory, Records Administration 5 Inventory, Vehicle Ownership and Title Parks, Recreation & Maint Services 27 Investigations, Evidence Arson Fire 13 Investment Transactions Reports Finance 12 Invoices Finance 11 Job Interest Cards Human Resources 15 Journals, Fire Station Fire 13 Juvenile Smoking (308b P.C.) Police 22 K-9 Training Police 19 Land Uses, Nonconforming Community Development 10 Landscape Drawings Parks, Recreation & Maint Services 26 Landscaping Records Parks, Recreation & Maint Services 26 Law Enforcement Block Grants Police 22 Ledger Finance 11 Legal Advertising Administration 4 Legal Opinions Fire 13 Legal/Legislative Administration 4 Lesson Plans Police 22 Library Board of Trustees meeting packets Library 18 Licenses Information Technology 17 Licenses, Permits Parks, Recreation & Maint Services 27 Liens & Releases, Supporting Fire 14 Page v RECORD SERIES DEPARTMENT PAGE Lighting Parks, Recreation & Maint Services 26 Loans Community Development 9 Location Records (WQCP) Public Works 28 Logs Community Development 7 Logs, Attomey Service Request Administration 4 Logs, Code Enfomement Fire 14 Maintenance and Operations (Garage) Parks, Recreation & Maint Services 27 Maintenance and Operations (Streets / Parks) Parks, Recreation & Maint Services 27 Maintenance and Operations (WQCP) Public Works 28 Management Reports (C IFA) Finance 12 Maps Parks, Recreation & Maint Services 27 Maps & Plans Community Development 7 Maps (WQCP) Public Works 28 Maps, Plans, Drawings, Exhibits, Photos Community Development 10 Maps, PrecinctsNoter Information Administration 2 Master Plans Community Development 6 Master Plans Parks, Recreation & Maint Services 27 Master Plans (WQCP) Public Works 28 Media Relations Administration 5 Medical Fire 13 Medical Leave Human Resources 15 Meter Operations (WQCP) Public Works 28 Microfilm - Prop History Community Development 7 Minutes Administration 4 Monthly Traffic Reports Police 23 Motor Vehicle Pulls (DMV) Human Resources 15 Municipal Code Administration 5 Mutual Aid, Strategic Plans Fire 13 Narcotics Task Force (NTF) - County Police 22 Narcotics: Confidential Informant Files Police 22 NCIC Validations Police 25 Negotiations (Labor Relations) Human Resources 15 Nnetwork Information Systems (LAN/WAN) Information Technology 17 Nomination Papers Administration 2 Notices, Meeting Administration 4 Notifications and Publications Administration 2 Oaths of Office Administration 2 Office Of Traffic Safety Grant - Avoid The 23 Police 24 Open Meetings Act General Subject 3 Opinions Administration 4 Ordinances Administration 4 OSHA Claims Police 25 P.O.S.T. Compliance - Dispatchers Police 19 P.O.S.T. Notification Of Appointment/Termination Police 19 P.O.S.T. Reimbursements Police 19 P.O.S.T. School Travel Authorizations Police 19 PAL Program Police 22 Palmistry Applications Police 25 Park In Lieu Fees Parks, Recreation & Maint Services 26 Parking Cite Fine Collection Police 24 Parking Lots Regulations Parks, Recreation & Maint Services 27 Parking Place Commission Police 24 Parolees Records - SSF Police 22 Passport Transmittal Logs Administration 5 Patient Care Reports Fire 13 Patron comments on materials Library 18 Page vi RECORD SERIES DEPARTMENT PAGE Pawn Broker/Secondhand Dealer Police 22 Payroll Finance 12 Payroll Police 19 Payroll Time Sheets Administration 3 Performance Reviews Police 19 Permits Community Development 7 Permits (WQCP) Public Works 28 Permits, Fireworks Fire 13 Permits, H~7~rdous Materials Storage Fire 14 PERS, Social Security, SSI Human Resources 16 Personnel Files Human Resources 15 Personnel Files Police 19 Personnel Meeting Notes Police 19 Personnel Records (Copies) Human Resources 15 Pest Control Community Development 8 Petitions Administration 2 Petitions Administration 4 Petty Cash Receipts Finance 11 Petty Cash Records Finance 11 PG&E Programs Parks, Recreation & Maint Services 27 Photographs Community Development 9 Photographs Parks, Recreation & Maint Services 26 Photographs - Aedal Community Development. 6 Photographs and Negatives Police 21 Photographs, Negatives, Film Administration 5 Plan Check Files Community Development 7 Planning Community Development 10 Plans, Proposed Parks, Recreation & Maint Services 26 Plaques, scrapbooks, flags, photographs, maps, sister city records Administration 3 Policies & Procedures Fire 13 Policies & Procedures, General Admin. Administration 5 Policy, Council/Proclamations Administration 5 Precinct Records Administration 2 Preliminary Alcohol Screening (PAS) Calibration Log Police 24 Probation Records - Juvenile Police 22 Programs Community Development 8 Programs, Household Hazardous Waste Fire 14 Project Files Parks, Recreation & Maint Services 26 Proiect Files (Case Files) Community Development 6 Project N.E.A.T. Police 23 Projects, Not Completed or Denied (Building Division) Community Development 7 Projects, Not Completed or Denied (Planning Division) Community Development 10 Promotional Matedal Community Development 9 Property Control Police 23 Public Records Request Administration 5 Purchase orders / Requisitions Finance 11 Radar Calibration Records Police 24 Radar Survey Police 24 Railroad Right-Of-Way Community Development 9 Rat Boxes Police 24 Rates (WQCP) Public Works 28 Receipts - Donations Parks, Recreation & Maint Services 26 Receipts For Payment Community Development 7 Reclamation (WQCP) Public Works 28 Records Management Administration 5 Records Management Disposition Certification Administration 5 Page vii RECORD SERIES DEPARTMENT PAGE Records Retention Administration 5 Records' Procedures Police 19 Recruitment Human Resources 16 Redevelopment Community Development 9 Reference Checks Human Resources 16 Refund Requests Parks, Recreation & Maint Services 26 Registration Files - CIB Police 22 Regulations, CE Fire 14 Relocation Files Community Development 9 Reports Administration 3 Reports Community Development 8 Reports, Activity Community Development 6 Reports, Activity Police 23 Reports, Federal & State Community Development 9 Reports, Federal & State Fire 14 Reports, Federal and State Tax Finance 12 Reports, Labor Distribution Finance 12 Reports, Leave Hour Finance 12 Reports, Other Agencies General Subject 3 Reports, PERS Employee Deduction Finance 12 Reports, WQCP Public Works 28 Reports/Studies Parks, Recreation & Maint Services 27 Repossession/Private Tows Of Vehicles Police 25 Requests For Proposals (RFP's) Community Development 8 Research Project Files Police 25 Reserve Officers Police 19 Resolutions Administration 4 Restitutions Police 25 Restraining orders, Epos Police 25 Reviews, Internal/External Pedodic (Completed) Finance 11 Ride-AIongs Police 25 Risk Management Administration 5 Risk Management Reports Administration 5 Routes, School Bus & Truck Community Development 8 Safety Inspector Reports Fire 14 Salary Records Finance 12 Schedules, Classes & Events Parks, Recreation & Maint Services 26 School District/City Leases Parks, Recreation & Maint Services 26 Sealed Records Police 21 Secudty Guard Agencies Police 25 Seismic Retrofit Program Community Development 6 Senior Services Parks, Recreation & Maint Services 26 Shift Bids Police 19 Signage Community Development 8 Signs (Temporary) Community Development 7 Sober Graduation Police 23 Soil Reports Community Development 8 Soil, HAZMAT Level 1 or 2 Community Development 8 Solicitors File Police 25 Soumes, Water (WQCP) Public Works 29 Special Districts Community Development 8 Special Projects Administration 3 Speed Limits Community Development 8 Speedometer Calibration Certificates Police 23 Staff manual Library 18 Page viii RECORD SERIES DEPARTMENT PAGE Staff Meeting Notes Police 25 State Controller Finance 11 State Library reports Library 18 Statistical (Cdme Analysis) Police 23 Street Names and House Numbers Community Development 7 StreetJAlley (Abandonment/Vacation) Community Development 8 Streets / Parks Parks, Recreation & Maint Services 26 Studies Parks, Recreation & Maint Services 26 Studies, Special Projects & Noise Areas Community Development 8 Subpoena Log Book Police 23 Subpoenas, Summons Administration 4 Subscriptions/Publication (Non-City) Administration 3 Summer Youth Program Community Development 10 Summer Youth Work Program Police 23 Supervisors' Meeting Notes Police 25 Support Services Administration 3 Surplus Property Finance 11 Surveyor Field Notes (WQCP) Public Works 29 Surveys Community Development 8 Surveys & Studies Human Resources 16 Surveys, Water System Sanitary (WQCP) Public Works 29 SWAT Police 19 SWlTRS Police 24 Tapes (Audio, Telephone, Radio Communications) Police 21 Tapess, Information Systems/Back-ups Information Technology 17 Tapes, AudioJideo Administration 5 TARPS Expense & Accommodation Worksheets Police 24 Taser Police 25 Taxes, Receivable Finance 11 Taxi Cab Driver Applications Police 24 Taxi Cab Inspections Police 24 Tests (WQCP) Public Works 29 Tip Bulletins Police 22 Tow Companies Police 24 Tow Truck Drivers' ID Police 24 Tow Truck Inspection Police 24 Towed/Stored Vehicle Logs Police 23 Traffic Activity Log Police 24 Traffic Complaints Police 24 Traffic Counts Police 24 Traffic Officer Statistics Police 24 Traffic Signals Community Development 8 Training Fire 13 Training Bulletins, Lesson Plans (Range), Firearms (Range) Police 19 Training Materials Fire 14 Training Records Human Resources 16 Training/Schools Police 19 Transient Encampments Police 23 Travel Records Administration 3 Treasurer Finance 12 Tree Removal Permits Parks, Recreation & Maint Services 27 Twenty-First Century Leadership Academy Police 20 UCR Crime Statistics Police 23 Underground Storage Fire 14 Underground Utilities (WQCP) Public Works 28 Uniform Vouchers (By Name) Police 25 Page ix RECORD SERIES DEPARTMENT PAGE Use Of Force Supv. Review File Police 20 Valve Main Records (WQCP) Public Works 29 Vehicle Assignment Parks, Recreation & Maint Services 27 Vehicle Inventory Sheets Police 25 Vehicle Ownership & Title Finance 11 Vehicle Theft Task Force (VTTF) - County Police 23 Vendor Register Finance 11 Violations, Building, Property & Zoning Fire 14 Violations, Drinking Water (WQCP) Public Works 29 Volunteer Card Files Police 20 Volunteer workers Human Resources 16 Voter Indexes Administration 2 Wanted Posters- FBI Police 22 Warrants Police 21 Watch AssignmenF Timekeeping Records Police 20 Weed Abatement Fire 14 Workers Compensation Human Resources 16 Page x StaffReport AGENDA ITEM #6 DATE: TO: FROM: SUBJECT: February 23, 2005 Honorable Mayor and City Council Marty Van Duyn, Assistant City Manager BRITANNIA EAST GRAND MASTER PLAN DEVELOPMENT AGREEMENT: 1) ANNUAL REVIEW OF DEVELOPMENT AGREEMENT AND 2) PROPOSED MODIFICATIONS TO DEVELOPMENT AGREEMENT Case Nos. Applicant: DA-01-006 Mod 1 Slough Estates RECOMMENDATION It is recommended that the City Council waive reading and introduce the attached Ordinance modifying Development Agreement DA-01-006. BACKGROUND In April 2002 the City Council approved the Britannia East Grand Project, a 27-acre, 8-building office/R&D campus at the easterly terminus of East Grand Avenue (former Fuller O'Brien site). As part of that approval, the City and Developer entered into a Development Agreement (DA) to clarify and obligate several project features and mitigation measures, including a child care facility, public an, landscape improvements, Swift Avenue pump station and sewer main improvements, TDM reporting and monitoring requirements, and specific mitigation fees for traffic impacts at the US 101/South Airport Blvd. ramps and for East of 101 sewer facility impacts. The DA identifies specific obligations and deadlines for performance of these mitigation measures. Due to the significant downturn in the economy subsequent to the project approval, the project construction schedule has been delayed and, consequently, the applicant has requested modifications to the DA to reflect the delay. StaffReport Subject: Page 2 Britannia East Grand DA Mod. DISCUSSION Term of Development Agreement - The duration of the Development Agreement is ten years from the effective date (June 7, 2002). The proposed modification wouM extend the agreement by four years to June 7, 2016. Child Care Facility - The Development Agreement currently requires that the developer obtain, w/thin 18 months of execution of the Agreement, a determination from the appropriate environmental agencies as to whether a child care facility can be built on the site. It further provides that if the facility can be built on site, construction must commence early enough to ensure completion by December 31, 2007. If either the environmental clearances cannot be obtained within 18 months, or completion of the facility by December 31, 2007 cannot be guaranteed, the Agreement includes provisions to require the applicant to construct the child care facility at an off- site location acceptable to the City by no later than December 31, 2007, or to pay an equivalent sum to the City to allow it to acquire a site and construct the facility w/thin the same timeframe. The proposed modifications wouM essentially extend the terms by 3 years, to a completion date of December 31, 2010. Public Art - The Agreement sets out minimum requirements for the value of public art on the site as well as deadlines for installation. A minimum of 50% of the artwork is required to be installed by June 2005 and the balance by June 2007. The applicant has noted concern over the difficulty of protecting artwork while significant construction is occurring on site. Consequently, the proposed amendment would extend the deadline for artwork installation to reflect the development schedule. All artwork must be installed prior to the owner receiving a Certificate of Occupancy for the 7th building, but no later than December 31, 2012. Landscape Improvements - The Development Agreement obligates the developer, prior to issuance of a grading permit, to submit a plan outlining landscaping and common improvements for each phase of the project. A Letter of Credit (LOC) is required to assure completion of these improvements within the 1 O-year term of the Development Agreement. The development plan was submitted in accordance with the provisions of the Development Agreement. The amendment delays the required submittal deadline of the LOC to prior to the owner receiving a Certificate of Occupancy for the 5th building or by January 1, 2009. It also provides that the City Manager may extend this deadline if the owner is diligently pursuing construction of the project. Staff Report Subject: Page 3 Britannia East Grand DA Mod. US 101/South Airport Off-Ramp Improvement - The Development Agreement obligates the applicant to pay a fair share for this improvement. The amendment proposes a slightly increased fee to cover the increased cost of the improvement. The fee would increase from a current cap of $I.91/sf to $2.07/sf. Swirl Avenue Sewer Main and Pump Station No. 3 Upgrades - The Agreement requires Slough to complete construction of these improvements by October 31, 2003 or prior to receiving a Certificate of Occupancy for the 4th building in the project. The proposed modification shifts the construction responsibility to the City, with the applicant paying all costs of the estimated $2.8 million improvement. Zoning/General Plan Consistency The proposed amendment to the Development Agreement complies with all applicable zoning, subdivision, and building regulations and with the objectives, policies, land uses and programs specified in the General Plan. The Amendment does not change any of the prior land use determinations for the project, it adjusts the timelines for construction, provides in lieu fees for traffic, child care and public art, incorporates the City's desire to construct the public sewer and pump station improvements with the cost paid by the developer, and extends the term of the Agreement. Environmental Determination The proposed project, including the provisions of the Development Agreement, was thoroughly analyzed in the EIR prepared for the project (EIR-01-006) and certified by the City Council in April 2002. In accordance with California Environmental Quality Act Guidelines Section 15162, a new EIR or Negative Declaration is not required for the proposed modifications to the Development Agreement since no changes are proposed that would likely result in additional environmental impacts or alteration of previously adopted mitigation measures. Project Update In accordance with SSFMC Section 19.60.185, Development Agreements are subject to periodic reviews. The applicant has prepared a summary, attached, which details the level of activity to date to comply with the requirements of the Development Agreement. Additionally, the summary provides a project status. As indicated in the summary, Phase I construction, including Parking Structure A and three R&D buildings on the northerly half of the site, is presently underway and due for completion on a staggered basis from approximately February through November 2006. Phase II construction (the remaining portions of the site) consists of parking structure B and four additional R&D buildings, scheduled for completion throughout 2008. Staff Report Subject: Page 4 Britannia East Grand DA Mod. Planning Commission Action The Planning Commission reviewed the proposed modifications to the Development Agreement at its February 3, 2005 meeting and noted no concerns. The Commission unanimously adopted the attached resolution recommending the City Council amend the Development Agreement as proposed. CONCLUSION The proposed amendment to the Development Agreement is consistent with the City's General Plan and Zoning Ordinance, and requires no additional environmental analysis in accordance with the provisions of CEQA. With the exception of the transfer of construction responsibility for the Swift Avenue Sewer Main and Pump station improvements, the requested modifications to the Development Agreement involve time extensions that are needed to reflect the delayed development schedule due to the general economic slowdown over the past three years. Consequently, as indicated in the Planning Commission Resolution, it is recommended that the City Council introduce the attached ordinance to amend the Development Agreement. By: ~/af-ry 1(/i. Nagel~ City Manager Attachment: Draft Ordinance Planning Commission Reso. No. 2638-2005 Project and DA Summary- February 2005 ORDINANCE NO. - 2005 AN ORDINANCE ADOPTING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE BRITANNIA EAST GRAND PROJECT LOCATED IN THE CITY OF SOUTH SAN FRANCISCO WHEREAS, in April 2002, the City Council approved a Development Agreement with Slough Estates for the development of a campus style biotechnology project located at the easterly terminus of East Grand Avenue; and, WHEREAS, in accordance with the California Environmental Quality Act, an Environmental Impact Report ("EIR') and Statement of Overriding Considerations was certified and adopted on April 24, 2002; and, WHEREAS, changes in the economy have necessitated a change in the buildout timeline for the Project; and, WHEREAS, the Development Agreement incorporated the original building projections and required the project developer to construct a new sewer main and make improvements to a pump station; and, WHEREAS, the City and developer have consulted and agreed that in order to ensure the sewer main and pump station improvements are constructed in accordance with state laws governing public works, and to incorporate the improvements into the City's ongoing construction of sanitary sewer and storm drain improvements in the East of 101 area, the City will construct the improvements and developer will pay for said construction; and, WHEREAS, the 2002 Development Agreement is proposed to be amended to incorporate the new timelines for buildout and the City's construction of the improvements; and, WHEREAS, pursuant to Municipal Code section 19.60.050, the Director of Economic and Community Development has reviewed the Amendment and found it to be in the proper form and thereafter referred the Amendment to the Planning Commission for a public heating; and, WHEREAS, no changes are proposed to the project that result in significant new environmental impacts or substantially change the prior approved mitigation measures nor has any information been received or discovered by the City that would alter the prior findings for the EIR; and, WHEREAS, pursuant to California Environmental Quality Act Guidelines Section 15162, a new EIR or Negative Declaration is not required when no changes have been proposed to the project that would likely result in additional environmental impacts or alteration of previously adopted mitigation measures; ~/WrlEREAS, on February 3, 2005, at a duly noticed public hearing of the City of South San Francisco Planning Commission, the Commission heard testimony and received evidence regarding the proposed amendments to the Development Agreement and thereafter, on a 7 to ~ vote, recommended that the City Council adopt the proposed amendments; and, WHEREAS, on February 23, 2005, pursuant to Municipal Code section 19.060.110 the City Council conducted a property noticed pubhc hearing on the proposed Amendment to the Development Agreement for the project. NOW THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows: Section 1. Findings A. The proposed Amendment to the Development Agreement for the Britannia East Grand Project is consistent with the objectives, pohcies, general land uses and programs specified in the General Plan, as amended and adopted. This finding is based upon all evidence in the record as a whole, including, but not limited to: the City Council's independent review of the General Plan and the prior findings adopted in support of the Planned Unit Development permit. The Project provides high value jobs for persons in the bio-technology fields and the campus style development that includes recreation oppommities, child care and pubhc transportation options is consistent with the General Plan policies identified in the findings that support approval of the Planned Unit Development Permit. The Amendment does not change any of the prior land use determinations for the project. Rather, the Amendment 1) adjusts the timelines for construction ofpubhc improvements, including provisions for inflationary adjustments to costs; 2) provides in lieu fees for traffic, child care and public art; 3) incorporates the City's desire to construct the public improvements with the cost paid by the developer; and 4) extends the term of the Agreement. B. The proposed Amendment to the Development Agreement for the Britannia East Grand Project complies with all applicable zoning, subdivision, and building regulations and with the General Plan. The City Council independently reviewed the proposed Amendment to the Development Agreement for the Britannia East Grand Project, the General Plan, Chapters 20.78 and 20.84 of the Zoning Ordinance as amended, Chapter 19.60 of the South San Francisco Municipal Code, Title 15 of the Municipal Code, and applicable state and federal law. This finding is based upon all evidence in the record as a whole, including, but not limited to: the City Council's independent review of these documents and advice in the record fi:om City staff, including staff reports, testimony and resolutions. C. The proposed Amendment to the Development Agreement for the Project states its specific duration. This finding is based upon all evidence in the record as a whole, including, but not limited to: the City Council's independent review of the proposed Amendment to the Development Agreement for the Britannia East Grand Project and its determination that Section 1 of the Amendment states that the Agreement will now expire 14 years fi:om the original effective date of the Agreement but no later than May 1, 2019. D. The proposed Amendment to the Development Agreement for the Britannia East Grand Project does not alter the permitted uses of the property subject over those approved by the City Council on April 24, 2002. This finding is based upon all evidence in the record as a whole, including, but not limited to: the City Council's independent review of the proposed Amendment to the Development Agreement for the Britannia East Grand Project and its determination that Section 3 of the Agreement, which sets forth the documents stating the permitted uses, is unchanged by this Amendment. E. The proposed Amendment to the Development Agreement for the Britannia East Grand Project does not change the permitted density and intensity of use of the property subject thereto as previously approved by the City Council on April 24, 2002. This finding is based upon all evidence in the record as a whole, including, but not limited to: the City Council% independent review of the proposed Amendment to the Development Agreement for the Britannia East Grand Project. F. The proposed Amendment to the Development Agreement does not alter the maximum permitted height and size of proposed buildings on the property subject thereto previously approved by the City Council on April 24, 2002. This finding is based upon all evidence in the record as a whole, including, but not limited to: the City Council's independent review of the proposed Amendment to the Development Agreement for the Britannia East Grand Project and its determination that Section 3 of the Agreement setting forth the documents which state the maximum permitted height and size of buildings remains as originally approved in 2002. G. The proposed Amendment to the Development Agreement for the Britannia East Grand Project does not propose any dedication of land for public purposes from the property subject thereto. This finding is based upon all evidence in the record as a whole, including, but not limited to: the City Council's independent review of the proposed Amendment to the Development Agreement for the Britannia East Grand Project. Section 2. The City Council of the City of South San Francisco hereby adopts this ordinance approving an Amendment to the Development Agreement between the City of South San Francisco and Slough SSF, LLC for the Britannia East Grand Project. The approved Amendment to the Development Agreement is attached hereto as Exhibit A and incorporated herein by reference. Section 3. 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 4. Publication and Effective Date. Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This ordinance shall become effective thirty days fi:om and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the day of ,2005. Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City Council held the ~ day of ,2005 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__ Of ., 2005. Mayor FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE BRITANNIA EAST GRAND PROJECT This FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE BRITANNIA EAST GRAND PROJECT ("PROJECT") is dated ,2005 ("Agreement"), between SLOUGH SSF, LLC, a Delaware limited liability company ("Owner"), and the CITY OF SOUTH SAN FRANCISCO, a municipal corporation organized and existing under the laws of the State of California ("City"). Owner and City are collectively referred to herein as "Parties." RECITALS A. WHEREAS, California Government Code Sections 65864 through 65869.5 authorize the City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property or on behalf of those persons having same; and, B. WHEREAS, Slough SSF, LLC, the Owner, has a legal interest in the real property subject to this Amendment (the "Property"), located at the Eastern terminus of East Grand Avenue and more particularly described in the existing Development Agreement referred to in Recital D below; and, C. WHEREAS, pursuant to Government Code Section 65865, the City has adopted rules and regulations, embodied in Chapter 19.60 of the South San Francisco Municipal Code, establishing procedures and requirements for adoption and execution of development agreements; and, D. WHEREAS, the Parties previously entered into a Development Agreement, adopted and approved in accordance with Government Code Section 65864 et seq., dated June 8, 2002 (the "Agreement"), for development of the Britannia East Grand Project, consisting of the phased development of nine office/Research and Development buildings with an aggregate square footage of approximately 783,533 square feet, an approximately 8,000 square foot childcare facility, an approximately 5,000 square foot fitness center, approximately 8,000 square feet of restaurant/retail space and two (2) five-to-seven level parking structures, to be located on the Property (the "Project"); and, E. WHEREAS, Owner has requested that the City enter into this Amendment to reflect changes in project phasing and implementation of mitigation measures required by the duly certified Environmental Impact Report; and, G. WHEREAS, all proceedings necessary for the valid adoption and execution hereof have taken place in accordance with Government Code Sections 65864 through 65869.5, the Page 1 of 6 First Amendment to Britannia East Grand Development Agreement February 23, 2005 733844 1 California Environmental Quality Act and with Chapter 19.60 of the South San Francisco Municipal Code; and, H. WHEREAS, the City Council and the Planning Commission have found that this Amendment is consistent with the objectives, policies, general land uses and programs specified in the South San Francisco General Plan as adopted on October 13, 1999 and as amended fi.om time to time; and, I. WHEREAS, on ,2005, the City Council adopted Ordinance No. approving and adopting this Amendment and the Ordinance thereafter took effect on 2005. NOW, THEREFORE, the Parties, pursuant to the authority contained in Government Code Sections 65864 through 65869.5 and Chapter 19.60 of the South San Francisco Municipal Code and in consideration of the mutual covenants and agreements contained herein, agree as follows: 1. Duration The Agreement shall expire fourteen (14) years fi.om the Effective Date of the Agreement (which was June 8, 2002), but in no event later than May 1, 2019. In the event that litigation to which the City is a party against the Owner or any of its officers, agents, employees, contractors, representatives or consultants should delay implementation or construction of the Project on the Property, the expiration date of this Agreement shall be extended for a per/od equal to the length of time fi.om the time the summons and complaint is served on the defendant(s) until the judgment entered by the court is final and not subject to appeal; provided, however, that the total amount of time for which the expiration date shall be extended as a result of such litigation shall not exceed three (3) years. The corresponding provisions of Section 2 of the Agreement are amended and superseded by, and to the extent of, the foregoing. 2. Permits For Proiect. In connection with the Development Plan submitted pursuant to the terms of the Agreement, Owner shall provide to the City an Irrevocable Letter of Credit in the form previously approved and incorporated as Exhibit D to the Agreement, in an amount equal to One Hundred and Twenty Five Percent (125%) of the estimated reasonable costs to construct the common improvements identified in the approved plan. Said Letter of Credit shall be submitted prior to receiving a Certificate of Occupancy for the 5th building or by January 1, 2009, whichever occurs first. The City may draw under the Letter of Credit as provided below to complete the landscaping and common improvements and to reimburse the City for costs related thereto. The Letter of Credit shall be reduced as the landscaping and common improvements are completed by Owner and accepted by City in Page 2 of 6 First Amendment to Britannia East Grand Development Agreement February 22, 2005 733844 1 an amount equal to the completed improvements and landscaping's proportionate share of the original 125% Letter of Credit. City, by and through its City Manager, in its sole discretion, may extend fi.om time to time the date by which the Letter of Credit is to be provided, provided Owner is diligently pursuing construction of the Project. Such an extension shall not require an amendment to the Agreement. If Owner fails to complete the landscaping and common improvements in accordance with this Amendment and/or Section 5(e) of the Agreement, City shall be entitled to withdraw funds from the Letter of Credit and complete said improvements. City shall also be entitled to draw funds under the Letter of Credit in the event Owner obtains a grading permit for any phase of the Project and 1) Owner fails to request a building permit or Certificate of Occupancy for any building within that phase by December 31, 2011 or 2) Owner fails to complete the landscaping and common improvements by December 31,2011. The corresponding provisions of Section 5 of the Agreement are amended and superseded by, and to the extent of, the foregoing. Fees. The Sewer Facility Fee paid pursuant to the terms of the Agreement shall be in addition to Owner's obligation to cooperate in City's construction, in accordance with the terms of this Amendment and of Exhibit C-1 attached hereto, of a new Swift Sewer Main between the boundary of the Project site and the City's pump station at the intersection of Swirl Avenue and Kimball Way as required in the Final Environmental Impact Report and the necessary improvements to Pump Station No. 3. The new Swift Sewer Main and all other works of public improvements and/or utilities shall be completed in accordance with plans designed to City standards and approved by the City Engineer prior to construction. (1) Owner shall submit a Letter of Credit in the amount of Two Million Eight Hundred Thousand and No/100 Dollars ($2,800,000.00), corresponding to Owner's maximum obligation under Exhibit C-1 in connection with the construction of the improvements, prior to the date on which City solicits bids for the construction of the improvements. The Letter of Credit shall be in a form approved by the City Attorney and contain no limitations on the City's ability to withdraw funds for the purposes of constructing the Swift Sewer Main and constructing the improvements required for Station No. 3, including all costs related thereto. Owner shall submit the above Letter of Credit based on the lesser of City's estimated reasonable costs to construct the improvements, presently estimated at Two Million Eight Hundred Thousand Dollars, or Owner's maximum obligation for costs of the improvements pursuant to Exhibit C-1. (2) Construction of the new Swift Sewer Main and Station No. 3 upgrades, and acceptance by the City of the aforementioned public improvements, shall Page 3 of 6 First Amendment to Britannia East Grand Development Agreement February 23, 2005 733844 1 o occur at the earlier of October 31, 2006, or prior to Owner receiving a Certificate of Occupancy for the fourth building in the Project, due to the fact the existing sewer infi.astmcture cannot accommodate Project build-out beyond the third occupied building. City shall be entitled to complete the improvements using the funds secured by the Letter of Credit based on the approved plans. The Letter of Credit shall be released in its entirety upon City's approval and acceptance of the completed improvements. (3) If projects are developed in the East of 101 area that will receive a benefit fi.om construction of the new Swift Sewer Main and the improved Station No. 3, Owner shall be entitled to reimbursement fi.om said project owners based on the benefits received by the new project, as reasonably calculated and determined by the City Engineer based on actual and/or reasonably estimated sewer flows within the main and fi.om the Owner's monetary contribution towards the design, construction and permits for the new Swift sewer main and Station No. 3 upgrades. The City shall furnish a copy of the City Engineer's draft determinations under the preceding sentence to Owner for review and comment prior to finalizing such determinations. The terms of reimbursement shall be set forth in an agreement between the project owners and Owner ("Reimbursement Agreement") in a form approved by the City Engineer. City shall ensure that any future projects that benefit fi'om the new Swift Sewer Main and/or the Station No. 3 upgrades contain a Condition of Approval that requires the applicant to enter into said Reimbursement Agreement with Owner. The corresponding provisions of Section 10Co)(3) through 10(b)(6) of the Agreement are amended and superseded by, and to the extent of, the foregoing. Child Care. As part of the Project, Owner proposes to construct a childcare facility of approximately 8,000 square feet. If Owner fails to construct the childcare facility according to the terms set forth in Exhibit C-1 to this Amendment, Owner shall be liable for payment ora fee in the amount of the City's cost to construct a like facility in accordance with Exhibit C-1. The provisions of Section 10(c) of the Agreement are amended and superseded by the foregoing. Northbound On-Ramp Mitigation Fee. The Environmental Impact Report for the Project identified a significant impact relating to the northbound on-ramps to U.S. 101 at South Airport Boulevard. To mitigate this impact to a level of less than significant, Owner shall pay a fee to mitigate the impacts to the northbound on-ramps to U.S. 101 at South Airport Boulevard in accordance with the applicable provisions of Exhibit C- 1 to this Amendment. The provisions of Section 10(d) of the Agreement are amended and superseded by the foregoing. Page 4 of 6 First Amendment to Britannia East Grand Development Agreement February 23, 2005 733844 1 6. Exhibits Exhibit C to the Agreement is amended and superseded by the following exhibit attached to this Amendment: Notices Exhibit C-1 - Obligations of Owner and City All notices required or provided for under the Agreement shall be in writing and delivered in person (to include delivery by courier) or sent by certified mail, postage prepaid, return receipt requested or by overnight delivery service. Notices to the City shall be addressed as follow: City Clerk P.O. Box 711,400 Grand Avenue South San Francisco, CA 94083 Notices to Owner shall be addressed as follows: Slough SSF, LLC c/o Slough Estates USA Inc. 444 North Michigan Avenue, Suite 3230 Chicago, IL 60611 Attention: Jonathan Bergschneider with a copy to: Slough SSF, LLC c/o Slough Estates USA Inc. 400 Oyster Point Boulevard, Suite 409 South San Francisco, CA 94080 Attention: Jonathan Bergschneider A party may change its address for notice by giving notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. The provisions of Section 36 of the Agreement are amended and superseded by the foregoing. 8. Integration. All other terms and conditions of the Agreement, dated June 8, 2002, not expressly modified by this Amendment remain in full force and effect. Page 5 of 6 First Amendment to Britannia East Grand Development Agreement February 23, 2005 733844 1 IN WITNESS WHEREOF this Amendment has been executed by the parties on the day and year first above written. CITY OF SOUTH SAN FRANCISCO ATTEST: By: Barry M. Nagel, City Manager City Clerk APPROVED AS TO FORM Steven T. Mattas, City Attomey OWNER Slough SSF, LLC, a Delaware limited liability company By: Slough Estates USA Inc., a Delaware corporation, Its Managing Member By: Name: Jonathan M. Bergschneider Title: Vice President APPROVED AS TO FORM: Donald E. Kelley, Jr. Folger Levin & Kahn LLP Counsel for Owner Page 6 of 6 First Amendment to Britannia East Grand Development Agreement February 23, 2005 733844 1 RESOLUTION NO.2638-2005 PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SOUTH SAN FRANCISCO RECOMMENDING THAT Tlt'E CITY COUNCIL ADOPT AN ORDINANCE AM]gNDING TFI'E DEVELOPMENT AGREEMENT FOR TH'F, BRITANNIA EAST GRAND PROJECT WHEREAS, changes in the economy have necessitated a change in the buildout timeline for the Britannia East Grand Project originally approved April 24, 2002; and, WHEREAS, the Development Agreement incorporated the original building projections and required the project developer to construct a new sewer main and make improvements to a pump station; and, WHEREAS, the City and developer have consulted and agreed that in order to ensure the sewer main and pump station improvements are constructed in accordance with state laws governing public works, and to incorporate the improvements into the City's ongoing construction of sanitary sewer and storm drain improvements in the East of 101 area, the City will construct the improvements and developer will pay for said construction; and, WHEREAS, the 2002 Development Agreement is proposed to be amended to incorporate the new timelines for buildout and the City's construction of the improvements; and, WHEREAS, pursuant to Municipal Code section 19.60.050, the Director of Economic and Community Development has reviewed the Amendment and found it to be in the proper form and thereafter referred the Amendment to the Planning Commission for a public hearing; and, WHEREAS, no changes are proposed to the project that result in significant new environmental impacts or substantially change the prior approved mitigation measures nor has any information been received or discovered by the City that would alter the prior findings for the EIR; and, WHEREAS, pursuant to California Environmental Quality Act Guidelines Section 15162, a new EIR or Negative Declaration is not required when no changes have been proposed to the project that would likely result in additional environmental impacts or alteration of previously adopted mitigation measures; and, WHEREAS, as required by South San Francisco Municipal Code Chapter 19, makes the following findings in support of the request to amend the Development Agreement for the Britannia East Grand Project, a development consisting of 758,533 square foot office/R&D campus with ancillary childcare center, fitness center and retaiYrestaurant space on a 26.9 acre site located at the easterly terminus of East Grand Avenue. These findings are based on public testimony and the materials submitted to the City of South San Francisco Planning Commission at the February 3, 2005 Planning Commission meeting: NOW THEREFORE, THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: The proposed Amendment to the Development Agreement for the Britannia East Grand Project is consistent with the objectives, policies, general land uses and programs specified in the General Plan, as amended and adopted. This finding is based upon all evidence in the record as a whole, including, but not limited to: the Planning Commission's independent review of the General Plan and the prior findings adopted in support of the Planned Unit Development permit. The Project provides high value jobs for persons in the bio-technology fields and the campus style development that includes recreation oppommifies, child care and public transportation options is consistent w/th the General Plan policies identified in the findings that support approval of the Planned Unit Development Permit. The Amendment does not change any of the prior land use determinations for the project. Rather, the Amendment 1) adjusts the timelines for construction of public improvements, including provisions for inflationary adjustments to costs; 2) provides in lieu fees for traffic, child care and public art; 3) incorporates the City's desire to construct the public improvements with the cost paid by the developer; and 4) extends the term of the Agreement. The proposed Amendment to' the Development Agreement for the Britannia East Grand Project complies with all applicable zoning, subdivision, and building regulations and with the General Plan. The Planning Commission independently reviewed the proposed Amendment to the Development Agreement for the Britamaia East Grand Project, the General Plan, Chapters 20.78 and 20.84 of the Zoning Ordinance as amended, Chapter 19.60 of the South San Francisco Municipal Code, Title 15 of the Municipal Code, and applicable state and federal law. This finding is based upon all evidence in the record as a whole, including, but not limited to: the Planning Commission's independent review of these documents and advice in the record from City staff, including staff reports, testimony and resolutions. The proposed Amendment to the Development Agreement for the Project states its specific duration. This finding is based upon all evidence in the record as a whole, including, but not limited to: the Commission's independent review of the proposed Amendment to the Development Agreement for the Britannia East Grand Project and its determination that Section 1 of the Amendment states that the Agreement will now expire 14 years from the ori~nal effective date of the Agreement but no later than May 1, 2019. The proposed Amendment to the Development Agreement for the Britannia East Grand Project does not alter the permitted uses of the property subject over those approved by the City Council on April 24, 2002. This finding is based upon all evidence in the record as a whole, including, but not limited to: the Commission's independent review of the proposed Amendment to the Development Agreement for the Britannia East Grand Project and its determination that Section 3 of the Agreement, which sets forth the documents stating the permitted uses, is unchanged by this Amendment. The proposed Amendment to the Development Agreement for the Britannia East Grand Project does not change the permitted density and intensity ofuseofthe property subject thereto as previously approved by the City Council on April 24, 2002. This finding is based upon all evidence in the record as a whole, including, but not limited to: the Commission's independent review of the proposed Amendment to the Development Agreement for the Britannia East Grand Project. The proposed Amendment to the Development Agreement does not alter the maximum permitted height and size of proposed buildings on the property subject thereto previously approved by the City Council on April 24, 2002. This finding is based upon all evidence in the record as a whole, including, but not limited to: the Planning Commission's independent review of the proposed Amendment to the Development Agreement for the Britannia East Grand Project and its determination that Section 3 of the Agreement setting forth the documents which state the maximum permitted height and size of buildings remain~ as originally approved in 2002. The proposed Amendment to the Development Agreement for the Britannia East Grand Project does not propose any dedication of land for public purposes from the property subject thereto. This finding is based upon all evidence in the record as a wliole, including, but not limited to: the Planning Commission's independent review of the proposed Amendment to the Development Agreement for the Britannia East Grand Project. The Amendment to the Development Agreement negotiated pursuant to and in .accordance with Government Code section 65864 et. seq, sets forth the duration, property, project criteria and other required information identified in Government Code section 65865.2. Based on the findings in support of the Development Agreement approved in 2002 and its review of the proposed amendment thereto, the Commission finds that the Amendment to the Development Agreement, vesting a project for a campus style development of nine Research and Development buildings, is consistent with the General Plan and consistent with the applicable zoning regulations. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby recommends that the South San Francisco City Council adopt an ordinance amending the Development Agreement for the Britannia East Grand project as reflected in Exhibit A. BE IT FURTHER RESOLVED that the resolution shall become effective immediately upon its passage and adoption. I hereby certify that the foregoing resolution was adopted by the Planning Commission of the City of South San Francisco at the regular meeting held on the 3rd day of February, 2005 by the following vote: AYES: Commissioner Giusti, Commissioner Honan, Commissioner Prouty, Commissioner Romero, Commissioner Sim, Vice Chairperson Zemke and Chairperson Tegha NOES: None ABSTENTIONS: None ABSENT: None Attest: ~ C. Sparks Secretary to the Planning Commission Exhibit C-1 to Amendment (replacing Exhibit C to the Original Development Agreement) Owner Obligations Child Care Center. As part of the Project, Owner has agreed to construct an approximately eight thousand (8,000) square foot child care center ("Center"). The Center is intended to be on-site and to serve the tenants of the Project. However, due to various environmental issues affecting the site, Owner may not receive environmental clearance for an on-site center from the California Department of Toxic Substances Control ("DTSC') and/or from other governmental authorities having jurisdiction over environmental conditions at the site. Therefore, the Parties have agreed to the following terms in order to ensure the child care needs of the City are met. Owner shall diligently pursue, to the extent necessary to permit construction of the Center on-site, the removal of the current deed restriction as imposed by DTSC, the removal of any other restrictions imposed by any other governmental authorities having jurisdiction over environmental conditions at the site, and the receipt of any other necessary waivers, approvals, consents and permits from DTSC and any governmental authorities having jurisdiction over environmental conditions at the site (collectively, "Environmental Clearances"). Bo By December 31, 2006, Owner shall notify the City in writing, with appropriate supporting documentation, either (i) that the Environmental Clearances necessary to permit construction of the Center on-site have been obtained or, in the alteraafive, that the applicable governmental authorities have agreed in writing to issue the Environmental Clearances, or (ii) that Owner has been unable to obtain issuance of or commitments to issue all such necessary Environmental Clearances. (1) On-Site Location: I/Owner receives the necessary Environmental Clearances to construct the Center on-site, Owner shall obtain all required permits, including building permits and commence construction of the facihty no later than December 31, 2008, and Owner shall complete construction and receive a Certificate of Occupancy for the facihty no later than December 31, 2010. (2) Off-Site Location: If Owner is unable to obtain issuance of or commitments to issue all necessary Environmental Clearances by December 31, 2006, or obtains such clearance but fails to submit an apphcafion for a building permit for the Center on or before December 31, 2008, Owner shall instead: Exhibit C- ~ Britannia Development Agreement Ed/red on 1/31/2005 4:05 PM January 28, 2005 Page ~ of 6 Complete construction of an approximately 8,000 square foot childcare facility at an off-site location approved by the City, which approval shall not be unreasonably withheld or delayed, by no later than December 31, 2010. Owner shall have acquired a site for the construction of said facility by June 30, 2009. In the event Owner must build the facility off-site, potentially acceptable off-site locations include: (1) the East of 101 Plan Area, as defined in the General Plan, adopted October 1999; or (2) in a Regional Transit Facility located in the City of South San Francisco. Owner shall pay all costs associated with the acquisition of a site suitable for the Center, environmental review, permitting and all other costs and fees, including attorney's fees, incurred as a result of acquiring the property, if necessary, through the City's power of eminent domain and all costs of constructing the facility and required improvements, if any. (c). If Owner is unable to acquire a site that is acceptable to the City as set forth above by June 30, 2009, that is of reasonably sufficient size to construct the off-site facility, Owner shall instead pay a fee equal to the City's estimated reasonable costs to construct an equivalent facility, including all costs associated with the acquisition of a site suitable for the Center, environmental review, permitting and all other costs and fees, including attorney's fees, incurred as a result of acquiring the property, if necessary, through the City's power of eminent domain and building the Center. Exhibit C - i Britannia Development Agreement Edited on 1/31/2005 4:05 PM Widening Northbound Off-ramp and On-ramp Approach at South Airport Mitigation Measure: In addition to the East of 101 Traffic Impact Mitigation Fee applicable to the Project under the existing provisions governing the fee (currently $1.51 per gross square foot), Owner shall pay its fair share contribution to the widening of South Airport Boulevard/U.S. 101 Northbound ramps as required in the Britannia East Grand Final Environmental Impact Report. The total cost of said improvement is estimated to be One M/Ilion Three Hundred Eighty Six Thousand Dollars, including all costs of construction, including but not limited to design costs, consultant fees, bid preparation and administrative costs. Owner's contribution shall be paid at the rate not to exceed fifty-six cents ($.56) per gross square foot upon issuance of each building permit for any structure in the Project, excluding the parking structures. Thus, Owner shall vax, Two Dollars and Seven Cents ($2.07) per gross square foot upon issuance of a building permit for any January 28, 2005 Page 2 of 6 structure in the Project, excluding the parking structures, from and after the effective date of this Amendment. A. Payment of East of 101 Traffic Mitigation Fee: Owner acknowledges that the City is presently considering an amendment to the East of 101 Traffic Impact Mitigation Fee to address the Grand Avenue/U.S. 101 northbound ramp and the South Airport BoulevardfU. S. 101 ramp system which were not identified as required improvements in the original Fee Study adopted by the South San Francisco City Council on September 26, 2001 (Resolution No. 99- 2001). (1) I/the South Airport Mitigation Measure is included as a Project in the East of 101 Fee, and the resultant fee ("Amended Fee") is less than $2.07 per gross square foot, Owner shall be reimbursed based on each building permit obtained prior to adoption of the Amended Fee in an mount equal to the difference between the fee paid and the fee that would have been paid under the Amended Fee. Any such overpayment shall be refunded within sixty (60) days of Owner's first receiving a building permit based on the Amended Fee or, if Owner does not receive any such building permit within sixty (60) days after adoption of the Amended Fee, then the overpayment shall be refunded within thirty (30) days after Owner's written request for reimbursement. (2) Owner shall thereafter pay the East of 101 Traffic Mitigation Fee as specified in existing and subsequent Resolutions of the City Council upon issuance of each subsequent building permit for buildings within the Project, but in no event shall such fee exceed $2.07 per gross square foot. (3) If City has not adopted an Amended Fee by the expiration date of the Agreement, Owner shall not be liable for au Amended Fee that exceeds $2.07 per gross square foot for any building permits obtained during the term of the Agreement. Likewise, if an Amended Fee is adopted after the term/nation date of the Agreement and said fee is less than $2.07 per gross square foot, Owner shall not be entitled to reimbursement for any overpayment of fee paid during the term of this Amendment or the Agreement. Public Art Contribution: Owner shall install and provide artwork for public display in the Project. Said artwork shall cost in the aggregate no less than three hundred thousand dollars ($300,000), and shall be installed on the Project site at or prior to the date on which Owner receives a Certificate of Occupancy for the 7th building; but in any event, no later than December 31, 2012. The artwork to be installed by Owner shall be subject to the reasonable approval of the City of South San Francisco prior to installation. Artworks Exhibit C - 1 Ja. uua~ 28, 2005 Britannia Development Agreement Edited o~ 1/31/2005 4:05 PM Page 3 of 6 installed pursuant to this section shall be maintained by Owner or, in the event Owner's interest in the property is conveyed or subdivided, by Owner's successors, or, if applicable, by the Owner's Association for the Project. If an association of owners is created, said maintenance obligations and a budget related thereto shall be included in the Covenants, Conditions and Restrictions for the Project. If Owner fails to complete installation of the artwork on or before December 31, 2012, Owner shall be required to pay an in lieu fee for such artwork in the amount of Three Hundred Thousand Dollars ($300,000), less the documented cost of any public artwork actually installed by Owner in the Project provided the art work installed by Owner was approved by the City prior to installation. In the event the art in lieu fee is paid, the costs/value of the artwork to be installed shall be adjusted annually on January 1st be~nning in 2006 in an amount equal to the percentage change in the Engineering News Record Construction Costs Index for the San Francisco Bay Area. The in-lieu fee shall be paid on or before January 31, 2013. Transportation Demand Management: Owner shall prepare an annual Transportation Demand Management (TDM) report, and submit same to City, to document the effectiveness of the TDM plan in achieving the goal of 30% alternative mode usage by employees within the Project. The TDM report will be prepared by an independent consultant, retained by City with the approval of Owner (which approval shall not be unreasonably withheld or delayed) and paid for by Owner, which consultant will work in concert with Owner's TDM coordinator. The TDM report will include a determination of historical employee commute methods, which information shall be obtained by survey of all employees working in the buildings on the Property. All non- responses to the employee commute survey will be counted as a drive alone trip. TDM Reports: The initial TDM report for each building on the Property will be submitted two (2) years afeer the granting of a certificate of occupancy with respect to the building, and this requirement will apply to all buildings on the Property except the parking facilities. The second and all later reports with respect to each building shall be included in an annual comprehensive .TDM report submitted to City covering all of the buildings on the Property which are submitting their second or later TDM reports. Report Requirements: The goal of the TDM program is to encourage alternative mode usage, as defined in Chapter 20.120 of the South San Francisco Municipal Code. The initial TDM report shall either: (1) state that the applicable property has achieved 30% alternative mode usage, providing supporting statistics and analysis to establish attainment of the goal; or (2) state that the applicable property has not achieved the 30% alternative mode usage, providing an explanation of how and why the goal has not been reached, and a description of additional measures that will be Exhibit C- 1 Britamfia Development Agreement Edited on 1/31/2005 4:05 PM January 28, 2005 Page 4 of 6 adopted in the coming year to attain the TDM goal of 30% alternative mode usage. Co Penalty for Non-Compliance: If after the initial TDM report, subsequent annual reports indicate that, in spite of the changes in the TDM plan, the 30% alternative mode usage is still not being achieved, or if Owner fails to submit such a TDM report at the times described above, City may assess Owner a penalty in the amount of Fifteen Thousand Dollars ($15,000.00) per year for each percentage point below the minimum 30% alternative mode usage goal. (1) In determining whether a financial penalty is appropriate, City may consider whether Owner has made a good faith effort to meet the TDM goals. (2) I/City determines that Owner has made a good faith effort to meet the TDM goals but a penalty is still imposed, and such penalty is imposed within the first three (3) years of the TDM plan (commencing with the first year in which a penalty could be imposed), such penalty sums, in the City's sole discretion, may be used by Owner toward the implementation of the TDM plan instead of being paid to City. I/the penalty is used to implement the TDM Plan, an Implementation Plau shall be reviewed and approved by the City pr/or to expending any penalty funds. (3) Notwithstanding the foregoing, the amount of any penalty shall bear the same relationship to the maximum penalty as the completed construction to which the penalty applies bears to the maximum amount of square feet of Office, Commercial, Retail and Research and Development use permitted to be constructed on the Property. For example, if there is 200,000 square feet of completed construction on the Property included within the TDM report with respect to which the penalty is imposed, the penalty would be determined by multiplying Fifteen Thousand Dollars ($15,000.00) times a fi.action, the numerator of which is 200,000 square feet and the denominator of which is the maximum amount of square feet of construction permitted on the Property, subtracting the square footage of the parking facilities; this amount would then be multiplied by the number of percentage points below the 30% alternative mode usage goal. The provisions of this section are incorporated as Conditions of Approval for the Project and shall be included in the approved TDM for the Project. 5. Construction of Swift Sewer Main and Pump Station. Exhibit C- 1 Britannia Development Agreement Edited on 1/31/2005 4:05 PM January 2~, 2005 Pag~ 5 of 6 A. City will construct and/or improve the Swift Sewer Main and Pump Station #3 identified as Mitigation Measures 14.2.6 and 14.2.7 in the Environmental Impact Report for the Britannia East Grand Project, subject to the terms of this Amendment as more fully set forth below. B. Construction of the Swift Sewer Line and Pump Station #3 (the "Improvements") shall proceed substantially in accordance w/th the plans approved by the City Engineer prepared by Wilsey Ham. Owner shall assign all rights to the construction documents prepared by Wilsey Ham to the City, at no cost to the City, for use in preparing the bid documents for the work to be performed. C. Owner shall pay all costs up to Two Million Eight Hundred Thousand Dollars ($2,800,000) for construction of the Improvements, including the cost for acquiring any right of way, public utility or temporary construction easements required for construction of the Improvements. D. Owner shall provide the services of its project manager, Project Management Advisors, Inc. ("P/VIA") at no cost to the City for the City's use in constructing the Improvements. However, in no event will the City delegate its authority or discretion over the construction of the Improvements to PMA. E. City shall let the contract for construction of the Improvements in accordance with state law governing the award of contracts for public works, including any requirements or policies pertain/ng to force accounts. F. The Contract shall be awarded to the lowest responsible bidder unless the bid price exceeds the engineers' estimate by more than ten percent (10%). In that event, City shall work with Wilsey Ham to determine whether the Improvements can be modified to perform as originally designed but at a lower cost or whether the project must be re-bid as originally designed. The City, by and through its City Engineer, with the consent of the City Manager, may require the contract to be re-bid as originally designed. G. Contract Change Orders shall be submitted to the City and PMA for review. P/VIA shall offer a recommendation on the Change Order within ten (10) days of receiving same but said recommendation shall not be binding on the City. All Change Orders on the contract must be approved by the City Engineer and the Assistant City Manager prior to payment. In no event shall Owner be liable for costs in excess of Two Million Eight Hundred Thousand Dollars ($2,800,000), for construction of the Improvements as provided for in this Amendment. H. City sliall submit invoices on a monthly basis for payment of costs incurred in constructing the Improvements. Owner shall pay such invoices within thirty (30) days of receipt. In the event Owner fails to provide payment within thirty days of receipt, City shall be entitled to draw down the Letter of Credit in au amount equal to the invoiced amount plus an additional five percent (5%) of the invoiced amount for reimbursement of administrative costs in collecting payment. D.~ Mod Exh C-1 - 01-31-05.DOC Exhibit C - 1 Britannia Development Agreement Edited on 1/31/2005 4:05 PM Page 6 of 6 January 28, 2005 BRrrANNL~ EAST GRAND, PROJECT AND DEVELOPMENT AGREEMENT SUMMARY Project Status: Slough executed a lease for all eight (8) buildings totaling approximately 784,000 square feet at the Britannia East Grand development. General site construction and permit activity commenced Q4 2004. Phase I which totals approximately 450,000 square feet in four (4) including Parking Garage A, will be completed on a staggered delivery February through November of 2006. Phase II consisting of the remaining portion of the site of approximately 330,000 square feet in four (4) buildings including Parking Garage B, is scheduled for completion on a staggered delivery throughout 2008. Phase 11 can be accelerated for delivery as much as one year and therefore could be delivered as early as 2007. The following is a summary update regarding requirements contained in the Development Agreement: Development Plan: Slough submitted Development Plan in accordance with requirements of the Development Agreement detailing landscaping and common improvements required for each phase of the project. Devebpment Agreement requires Slough to post an Irrevocable Letter of Credit for the costs to construct the common improvements. As part of the proposed Development Agreement Amendment, due to the aggressive delivery of the project per the above schedule, Slough has requested the elimination of the Letter of Credit requirement for the common improvements. SwiflSewer Main & Station No. 3 Upgrades: Slough is working with the City of South San Francisco to reach an agreement for the construction of the offsite work as proposed in the Development Agreement Amendment. Child Care Center: Slough is working with the Department of Toxic Substance Control (DTSC), who is the lead agency for the site. Slough implemented a DTSC-approved testing program to further characterize the area designated for the child care center. Based upon the results of the testing program, Slough will work with DTSC to finalize its determination regarding placement of the proposed childcare center on site. The process has proven lengthy and involved extensive coordination due to agency policies and procedures. Actual delivery will depend on a variety of factors including at a minimum the nature and timing of building construction and occupancies, conditions of DTSC approvals and market demand. As part of the proposed Development Agreement Amendment, Slough has requested revised dates for notification and completion of the child care center. PublicAn: The Development Agreement required Slough to install artwork in two phases, the first consisting of at least 50% of a specified value by June 2005, with the balance installed by June 2007. Due to the delayed delivery of the site (from what was anticipated when the Development Agreement was executed) and in conjunction with the current project delivery schedule as indicated above, Slough requests that the delivery of the project art be tied to building occupancies rather than date-specific. This will help ensure that artwork is protected from damage during sigrdficant site construction. As part of the proposed Development Agreement Amendment, Slough has requested revised dates for installation of the public art. FEBRUARY 2005 PAGE 1 OF 2 BRrrANNL~ EAST GRAND PROJECT AND DEVELOPMENT AGREEMENT SUMMARY Transportation DemandManagement: Slough submitted final TDM plan including proposed survey and report protocol to City in accordance with TDM provision and Development Agreement. The project TDM plan is to be implemented upon occupancy of Britannia East Grand. Mitigation Monitoring Checklist: Slough submitted to the City of South San Francisco a Mitigation Monitoring Checklist detailing proposed status and actions regarding mitigation measures required by Britannia East Grand Environmental Impact Report. FEBRUARY 2005 PAGE 2 OF 2