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HomeMy WebLinkAbout2008-04-09 e-packet AGENDA REDEVELOPMENT AGENCY CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIP AL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY APRIL 9, 2008 6:30 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Agency business, we proceed as follows: The regular meeting of the Redevelopment Agency is held on the second Wednesday of each month at 6:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the 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. PEDRO GONZALEZ Chair KARYL MATSUMOTO V ice Chair MARK N. ADDIEGO Boardmember RICHARD A. GARBARINO Boardmember KEVIN MULLIN Boardmember RICHARD BATTAGLIA Investment Officer KRISTA MARTINELLI-LARSON Clerk BARRY M. NAGEL Executive Director STEVEN T. MATT AS Counsel PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT IS A V AILABLE FOR USE BY THE HEARING-IMP AlRED AT REDEVELOPMENT AGENCY MEETINGS CALL TO ORDER ROLL CALL AGENDA REVIEW PUBLIC COMMENTS CONSENT CALENDAR 1. Motion to approve the minutes of March 12,2008 and March 26, 2008. 2. Motion to confirm expense claims of April 9, 2008. 3. Motion to approve Linden Avenue Pole Painting Project as Complete. Project No. 57- 10860-0528. 4. Resolution approving execution of a lease with respect to 80 Chestnut Avenue by and between the Redevelopment Agency and the South San Francisco Historical Society and approving a budget of $200,000 for site improvements. 5. Resolution authorizing the execution of an Exclusive Negotiating Agreement with the owners of real propeliy located at 415-417 Grand Avenue. ADMINISTRATIVE BUSINESS 6. Resolution approving the final design of the Miller Avenue Parking Structure and authorizing the execution of a contract with Watry Design, Inc. for construction design of the Miller Avenue Parking Structure. CLOSED SESSION 7. Pursuant to Government Code section 54956.8 real property negotiations related to 1 Chestnut Avenue. Agency Negotiator: Marty Van Duyn; Opposing Negotiator: Green Building Exchange; under negotiation: price and terms of payment. ADJOURNMENT REGULAR REDEVELOPMENT AGENCY MEETING AGENDA APRIL 9, 2008 PAGE 2 I RDA AGENDA ITEM # 1 MINUTES DRAFT REDEVELOPMENT AGENCY CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIP AL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY MARCH 12,2008 CALLED TO ORDER: 7:02 p.m. ROLL CALL Present: Boardmembers Addiego, Garbarino and Mullin, Vice Chairwoman Matsumoto and Chairman Gonzalez. Absent: None. AGENDA REVIEW City Manager Nagel recommended continuing Item No.3 to the April 9th regular meeting. PUBLIC COMMENTS None. CONSENT CALENDAR . ------- 1. Motion to approve the minutes of February 13,2008. 2. Motion to confirm expense claims of March 12,2008 in the amount of $2,360,847.40. Item pulled from Consent Calendar by Vice Chairwoman Matsumoto. Motion- Boardmember Garbarino/Second- Boardmember Addiego to approve Consent Calendar Item No.1. Unanimously approved by voice vote. Item No.2: Vice Chairwoman Matsumoto questioned the property tax audit line item. Director of Finance Steele explained the item related to a contract with a revenue recovery firm that audits the County Assessor's Tax Roll to find additional funds for the Agency. In exchange for the service, the audit company keeps 25% of identified funds. Motion- Vice Chairwoman Matsumoto/Second- Boardmember Garbarino: to approve consent Calendar Item No.2. Unanimously approved by voice vote. ADMINISTRATIVE BUSINESS 3. Resolution authorizing the execution of a contract with Watry Design, Inc. for construction design of the Miller Avenue Parking Structure. The Agency agreed to continue Item No.3 to the regular meeting of the Redevelopment Agency scheduled for April 9, 2008. CLOSED SESSION 4. Pursuant to Government Code Section 54956.8, real property negotiations for property located at 209 Baden Avenue; Agency Negotiator: Assistant Director Marty Van Duyn; Owner: City of South San Francisco. Time entered into Closed Session: 7:06 p.m. Open Session resumed: 7:23 p.m. Chairman Gonzalez advised that no reportable action was taken. ADJOURNMENT Being no further business Chairman Gonzalez adjourned the meeting at 7:23 p.m. Submitted by: Approved: Martinelli-Larson, Clerk f South San Francisco Pedro Gonzalez, Chairman City of South San Francisco REGULAR REDEVELOPMENT AGENCY MEETING MINUTES MARCH 12,2008 PAGE 2 MINUTES DRAFT SPECIAL MEETING REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE WEDNESDA Y, MARCH 26, 2008 CALLED TO ORDER: 10:28 p.m. ROLL CALL Present: Boardmembers Addiego, Garbarino and Mullin, Vice Chairwoman Matsumoto and Chairman Gonzalez. Absent: None. I. Public Comments - comments were limited to items on the Special Meeting Agenda. Mayor Gonzalez advised that public comments would be heard under the particular Agenda Item to which such comments pertained. 2. Resolution No. 5-2008 awarding the Lindenville Storm Drainage Construction Improvement Project No. SS-07-04, Bid No. 2475 Phase V-C to Precision Engineering, Inc. of San Francisco, CA in the amount of $2,446,780.00. Director of Public Works White explained the proposed resolution would approve the construction contract to install storm drain pipes in the Lindenville Business Area to Precision Engineering, Inc. of San Francisco, and further, would reject Bid Alternate A. Vice Chairwoman Matsumoto questioned whether an engineers' estimate was available. Director White advised that an engineer's estimate was not warranted due to the nature and timing of the project. Motion- Boardmember Garbarino/Second- Boardmember Mullin: to approve Resolution No. 5- 2008. Unanimously approved by voice vote. Motion- Boardmember Garbarino/Second- Boardmember Mullin: to approve Resolution No. 5- 2008. Unanimously approved by voice vote. 3. Resolution authorizing the execution of a contract with Watry Design, Inc. for construction design of the Miller Avenue Parking Structure. Associate Planner Smalley advised that the proposed resolution would authorize execution of a contract for construction design administration services related to the Miller Avenue Parking Structure Project. Boardmember Garbarino questioned whether the Agency would have an opportunity to comment on the design after awarding the contract. Assistant Executive Director Van Duyn recommended that Boardmembers' comments on design precede award of the contract. Chairman Gonzalez recognized Attorney Peter Daniel and permitted him to address the Agency pursuant to Mr. Daniel's request to have his public comment heard. Mr. Daniel stated that at the City Council meeting that took place earlier in the evening, the City Attorney pointed out that policy questions about whether or not to proceed with the Miller Avenue Parking Structure Project should be directed to the Redevelopment Agency. Mr. Daniel then opined that no final project approval action had been taken and that the public maintained its right to be heard on the matter. Chairman Gonzalez recognized Nancy Zammuto and permitted her to address the Agency pursuant to her request to have her public comment heard. Ms. Zammuto expressed opposition to the proposed parking structure design and stated that the structure was proposed in the middle of an area primed for metered parking. She further stated that in the Downtown District, people should walk to work. She reminded the Agency of the petition opposing the Miller Avenue Parking Structure Project that she had presented to the City Clerk during the regular City Council meeting that took place earlier in the evening. She further stated that she would continue to pursue execution ofpetition(s) opposing the structure. Boardmember Addiego asked Counsel Mattas to clarify the process pursuant to which the public could be heard on the proj ect. Counsel Mattas advised that once the Redevelopment Agency received the final construction drawing, a bid advertisement would go out and the item would again be presented for the purpose of awarding the construction contract. Vice Chairwoman Matsumoto questioned whether previous comments she had made regarding design had been incorporated and further stated that, if so, she would like to see the modified design. Boardmember Addiego and Chairman Gonzalez expressed interest in continuing action on award REGULAR REDEVELOPMENT AGENCY MEETING MINUTES MARCH 26, 2008 PAGE 2 of the construction design contract until the Agency had another opportunity to review the proposed design. Assistant Executive Director Van Duyn suggested that the Agency request that Watry Design, Inc. be present at the regular Redevelopment Meeting scheduled for April 9th and that action pertaining to award of the construction design contract be postponed until that date. Vice Chairwoman Matsumoto questioned proposed project manager authority for the project. Associate Planner Smalley advised that the Engineering Department would hire a project manager for the Miller Avenue Parking Structure Project. He further noted that the project manager would be independent of the construction design company. Boardmember Addiego noted that he had recently observed a parking structure in Santa Barbara that included facilities for bicycle parking and amenities, including, lockers, restrooms and showers for bicyclists. Boardmember Garbarino noted such facilities exist at San Francisco State. Chairman Gonzalez requested that the issue of proposed marketing of parking stalls in the garage be addressed at the next meeting. Boardmember Addiego commented that marketing inducements such as incentive pricing and validated parking might be desirable. Motion- Boardmember Garbarino/Second- Boardmember Addiego: to continue action relating to authorizing the execution of a contract with Watry Design, Inc. for construction design of the Miller Avenue Parking Structure to the regular meeting of the Redevelopment Agency scheduled for April 9, 2008. Unanimously approved by voice vote. 4. Adjournment. Being no further business, Chairman Gonzalez adjourned the meeting at 10:35 p.m. Approved: Pedro Gonzalez, Chairman City of South San Francisco REGULAR REDEVELOPMENT AGENCY MEETING MINUTES MARCH 26, 2008 PAGE 3 RDA A GENDA ITEM # 2 I certify that the demands set forth accurate and funds are available for DATED i l'3 r 0 Y on this payment register payment. * ~,~~, (l~ tI FINANCE DIRECTOR are *Note: Items below do not include payroll related payments Checks: Date Amount 03/12/08 $ 03/19/08 03/26/08 04/02/08 31,678.84 1,141.60 326,040.54 55,350.64 Electronic Payments: Date Amount 04/01/08 $ 258,265.78 To Bank of New York Description RDA Bond Debt Service Total Payments $ 672,477.40 This is to certify that the above bills were confirmed at the regular meeting of the Redevelopment Agency of South San Francisco held April 9, 2008. DATED: CHAIR CITY OF SO SAN FRANCISCO 03-12-08 WARRANT DISBURSEMENT REPORT PAGE 1 PROGRAM NAME ACCOONT NUMBER VENDOR NAME AMOUNT INVOICE/DESCRIPTION CK # CK DATE ------- ----------- ----------- - - - - -. - ------------------- ------- LOW/MODERATE HOUSING 56-10880-4201 SANCHEZ, ARMANDO 2,336.00 CONSULTANT SERVICES FOR RDA HOUSING 117899 03/12/08 LOW/MODERATE: HOUSING 56-10880-4390-1096 SSF SCAVENGER CO INC 85.18 COMMERCIAL SVC-312 MILLER AVE 117917 03/12/08 LOW/MODERATE HOUSING 56-10880-4390-1096 ALLIED SECURITY ALARMS 54.00 ALARM SVCS-380 ALTA VISTA 117729 03/12/08 LOW/MODERATE HOUSING 56-10880-4420-1098 SSF SCAVENGER CO INC 63.89 RES SVC-310 MILLER AVE 117917 03/12/08 LOW/MODERATE HOUSING 56-10880-4420-1568 SSF SCAVENGER CO INC 42.59 RES SVC-341 COMMERCIAL AVE 117917 03/12/08 LOW/MODERATE HOUSING 56-10880-4420-1568 SSF SCAVENGER CO INC 42.59 RES SVC-339 COMMERCIAL AVE 117917 03/12/08 REDSJELOP OPERATING 57-10860-4201 SANCHEZ, ARMANDO 2,390.75 CONSULTANT SERVICES FOR RDA ADMIN. 117899 03/]2/08 REDEVELOP OPERATING 5/-10860-4206 MEYERS, NAVE, RIBACK, 26,367.60 LEGAL SVCS-SSF RDA 117848 03/12/08 REDEVELOP OPERATING 57-10860-4360-1086 SSF SCAVENGER CO INC 296.24 COMMERCIAL SVC-306 SPRUCE AVE 117917 03/12/08 VENDOR TOTAL $31,678.84 GRAND TOTAL $31.678.84 9 RECORDS CITY OF SO SAN FRANCISCO WARRANT DISBURSEMENT REPORT PAGE 1 VENDOR NAME Al"IOUNT INVOICE/DESCRIPTION CK # CK DATE _________u ------ --- -- - - ----- -~ - ---- - - -- ------- SANCHEZ, ARMANDO 547.50 CONSULTANT SERVICES FOR RDA HOUSING 118101 03/19/08 SANCHEZ, ARMANDO 547.50 CONSULTANT SERVICES FOR RDA ADMIN. 118101 03/19/08 ROCKY POINT LLC 46.60 BUSINESS CARDS 118094 03/19/08 VENDOR TOTAL $1,141.60 GRAND TOTAL $1. 141. 60 03-19-03 PROGRAM NAME -'''CCOUNT NUMBER ------_..~--- ~------------ LOW/MODERATE HOUSING 56-10880-4201 REDEVELOP OPERATING 57-10860-4201 REDFVELOP OPERATING 57-10860-4301 3 RECORDS CITY OF SO SAN FRANCISCO 03-27-08 WARRANT DISBURSEMENT REPORT PAGE 1 PROGRAM NAME ACCOUNT NUMBER VENDOR NAME AMOUNT INVOICE/DESCRIPTION CK # CK DATE ------------ -------------- ----------- ------ - - ---------- - --- - -- - - -- ------- REDEVELOP OPERATING 57-10860-4201 MAZE & ASSOCIATES 10,431.29 AUDIT SERVICES FOR FY ENDING JUNE 30 2007 118247 03/26/08 REDEVELOP OPERATING 57-10860-4360 NPNSC INC 768.18 306 SPRUCE AVE REPAIRS 118266 03/26/08 REDEVELOP OPERATING 57-10860-4360 THYSSENDRUPP ELEVATOR 110.00 YEARLY MAINT.SERVICE 118332 03/26/08 REDEVELOP OPERATING 57-10860-4360 SOUTH CITY REFRIGERATI 1,210.15 REPLACE EXHAUST VENTILATOR 118314 03/26/08 REDEVELOP OPERATING 57.10860-4360 NPNSC INC 227.11 306 SPRUCE AVE REPAIRS 118266 03/26/08 GENERAL INFRASTRUCTU 58-13231-4201-0751 SIGNET TESTING LABS IN 3,344.56 CONSTRUCTION MATERIALS TESTING - LINDENVILLE PS 118307 03/26/08 GENERAL INFRASTRUCTU 58-13231-4201-0751 HARRIS & ASSOCIATES IN 27,425.00 CONSTRUCTION MGMT AND INSPECTION SERVICES FOR THE 118223 03/26/08 GENERAL INFRASTRUCTU 58-13231-4201-0751 HARRIS & ASSOCIATES IN 21,616.25 CONSTRUCTION MGMT AND INSPECTION SERVICES FOR THE 118223 03/26/08 GENERAL INFRASTRUCTU 58-13231-4210-0751 JMB CONSTRUCTION INC 234,817.20 CONSTRUCTION OF LINDENVILLE STORM DRAIN PUMP STATI 118233 03/26/08 GENERAL INFRASTRUCTU ~8-13231-4210-0751 NORTH VALLEY BM~K ')1':" lion on 10% RETENTION-JMB CONSTRUCTION 118263 03/26/08 '::"VIV.JU.UV VENDOR TOTAL $326,040.54 GRAND TOTAL $326,040.54 10 RECORDS CITY OF SO SAN FRANCISCO 01-02 08 WARRANT DISBURSEMENT REPORT PAGE 1 PROGRAM NAME ACCOUNT NUMBER VENDOR NAME AMOUNT INVOICE/DESCRIPTION CK # CK DATE ---~-----~-- -------------- ----------- ------ ------------------- - - -- ------- LOW/MODERATE HOUSING 56-10880-4201 SANCHEZ, ARMANDO 1,168.00 CONSULTANT SERVICES FOR RDA HOUSING 118521 04/02/08 LOW/MODERATE HOUSING 56-10880-4201 SANCHEZ, ARMANDO 1,752.00 CONSULTANT SERVICES FOR RDA HOUSING 118521 04/02/08 REDEVELOP OPERATING 57-10860-4201 SANCHEZ, ARMANDO 1,752.00 CONSULTANT SERVICES FOR RDA ADMIN. 118521 04/02/08 REDEVELOP OPERATING 5'/ - 10860 - 4 2 0 1 DYETT & BHATIA 9,604.64 CONSULTANT SERVICES 118426 04/02/08 REDEVELOP OPERATING 57-108GO-4206 ~1EYERS , NAVE, RIBACK, 11,858.06 SSF REDEV- LEGAL SERVICES 118489 04/02/08 REDEVELOP OPERATING 57-10860-4220 VAN METER WILLIAMS POL 2,758.75 CONSULTING-DOWNTOWN STREETSCAPE IMPROVEMENTS 118544 04/02/08 REDEVELOP OPERATING 57-10860-4220 VAN METER WILLIAMS POL 15,970.00 CONSULTING-DOWNTOWN STREETS CAPE IMPROVEMENTS 118544 04/02/08 REDEVELOP OPERATING 57-10860-4220 VAN METER WILLIAMS POL 6,241.25 CONSULTING-DOWNTOWN STREETS CAPE IMPROVEMENTS 118544 04/02/08 REDEVELOP OPERATING 57-10860-4240 ROZZI REPRODUCTION & S 29.82 COPY SVCS 118517 04/02/08 REDEVELOP OPERATING 57 10360-4360 CITY MECHANICAL INC 215.00 HVAC SVC 118405 04/02/08 REDEVELOP OPERATING 57-108GO-4360 CITY MECHANICAL INC 566.12 HVAC SVC 118405 04/02/08 GENERAL INFRASTRUCTU 58-13231-4201-0455 RMC WATER AND ENVIRONM 3,435.00 PROF ENG SVCS-STORM DRAIN DESIGN REVIEW 118513 04/02/08 VENDOR TOTAL $55,350.64 GRAND TOTAL $55,350.64 12 RECORDS Redevelopment Agency Staff Repol,.t RDA AGENDA ITEM # 3 DATE: April 9, 2008 TO: FROM: SUBJECT: Redevelopment Agency Board Terry White, Director of Public Works LINDEN AVENUE POLE PAINTING PROJECT PROJECT NO. 57-10860-0528 RECOMMENDATION It is recommended that the Redevelopment Agency Board, by motion, accept the Linden Avenue Pole Painting Project as complete. BACKGROUND/DISCUSSION This project involved the painting of273 poles and metal infrastructure on Linden Avenue between Railroad Avenue and Airport Boulevard including: street light poles, sign poles, traffic signal poles and traffic signal heads, parking meter poles and controller cabinets. The painting of these items is needed in order to maintain an equal aesthetic appearance with Grand A venue. The light poles on Linden Avenue were last painted in 1993. Acceptance of the project will provide authorization for staff to file a Notice of Completion. FUNDING This project was funded from the Redevelopment Agency Program (RDA/57-10860-0528) in the amount of $33,81 0, the original contract amount. CONCLUSION The completion of the Linden Avenue Pole Painting Project has improved the appearance of Linden Avenue. \ /} ..[) B~~~ Terry t Director 0 Public Works TW /GB/ra ~.~- i , DATE: TO: FROM: SUBJECT: Redevel{)pment Agency Staff Rel?orl RDAAGENDAITEM#4 Apri19,2008 Redevelopment Agency Board Marty Van Duyn, Assistant Director MOTION TO ADOPT A RESOLUTION APPROVING THE EXECUTION OF A LEASE WITH RESPECT TO 80 CHESTNUT A VENUE BY AND BETWEEN THE AGENCY AND THE SOUTH SAN FRANCISCO HISTORICAL SOCIETY AND APPROVE A BUDGET OF $200,000 FOR SITE IMPROVEMENTS. RECOMMENDATION Staff recommends that the Redevelopment Agency adopt a Resolution approving the execution of a lease with respect to 80 Chestnut Avenue by and between the Agency and The South San Francisco Historical Society and approve a budget of Two Hundred Thousand Dollars ($200,000) to construct the required building and site improvements. BACKGROUND/DISCUSSION In December 2007, the Redevelopment Agency entered into a Purchase and Sale Agreement with California Water Service Company (Cal.-Water) for the purchase of 80 Chestnut Avenue (Property). The property consists of approximately 30,000 square feet with one single-story office and warehouse building (totaling 3,640 square feet), landscaping, and a surface parking lot. The property was carved out fi-om a 6.86-acre parcel owned by Cal-Water. Following the purchase ofthe site, the City undeliook an investigation to determine the condition of the building and site and the extent of improvements that would be needed to conveli the building for public use. Summary of the Lease Agreement The Lease Agreement is a five (5) year agreement with an automatic annual renewal for up to twenty (20) additional years. The South San Francisco Historical Society will pay an annual rent of One Dollar ($1.00) to the Agency to lease the Property as a museum. The Agency and the Historical Society will negotiate the specific dates and times of operation in a separate'document that will be attached to the Lease Agreement. The Historical Society will be responsible for all taxes, utilities, operation costs, and maintenance on the Property, except for telephone service. The telms of the Lease Agreement, cost of the proposed lease on the Agency, elimination of blight, confonnance with the Five-Year Implementation Plan, and cost of the improvements are included in the attached 33433 Summary Report, which was prepared in accordance with Community Redevelopment Law. Staf Zeport To: ~.edevelopment Agency Board RE: <:;n Chestnut Avenue Lease Agreement Date: A.pril 9, 2008 Page 2 FUNDING Since acquisition, Cal-Water has vacated the property and City staff has completed a preliminary investigation of the site to detennine the condition and type of repairs necessary for the operation of a museum. The Agreement stipulates that prior to the conveyance of the property to the Historical Society, the Agency will complete the improvements to the building to comply with certain code requirements. The site improvements include interior renovations, ADA compliance, and parking lot repairs. The cost ofthe improvements is estimated to be $200,000. A combination of City statIand outside contractors will undeliake all required improvements. Funding for the building and site improvements will be provided through the Redevelopment Agency's operating budget. Funds are available for this purpose in the current fiscal year budget. CONCLUSION The proposed lease is consistent with all the relevant planning related documents including the South San Francisco General Plan and the Redevelopment Plan. In its adoption of the ordinance approving the Redevelopment Plan, the City Council had previously determined the propeliy is a pOliion of a blighted area, and underutilized, as further set forth in the Implementation Plan as previously adopted and amended by the Redevelopment Agency. The lease would assist in the alleviation or removal of blighted conditions and would further the goals of the Implementation Plan by conveying the propeliy for the project pursuant to the terms of the lease. Therefore, staff recommends that the Redevelopment Agency adopt the Resolution approving the execution of a lease with respect to 80 Chestnut Avenue. BY:~'1<'" Marty V an Duyn Assistant Director ----. Approved: ATTACHMENTS 1. Redevelopment Agency Resolution No. _ 2. Lease Agreement 3. Section 33433 Summary Report MVD:ml RI:SOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO AUTHORIZING THE EXECUTION OF: A LEASE WITH RESPECT TO 80 CHESTNUT AVENUE BY AND BETWEEN THE AGENCY ANlD THE SOUTH SAN FRANCISCO HISTORICAL SOCIETY WHEREAS, the Redevelopment Agency of the City of South San Francisco (the "Agency") is a redevelopment agency formed, existing and exercising its powers pursuant to the provisions of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. (the "Community Redevelopment Law"); and WHEREAS, the Agency is charged with implementing the Redevelopment Plan (the "Redevelopment Plan") as adopted for the EI Camino Corridor Redevelopment Area (the "Project Area") within the City of South San Francisco (the "City"); and WHEREAS, the Agency has adopted an implementation plan setting forth programs and activities to improve or alleviate blighting conditions within the Project Area (the "Implementation Plan"); and WHEREAS, the Agency is authorized to convey land under Sections 33431 and 33433 of the Health and Safety Code upon the consent of the City Council of the City of South San Francisco ("City Council") an in furtherance of the implementation of the Redevelopment Plan; and WHEREAS, the Agency owns that certain real property located at 80 Chestnut Street, known as a portion of San Mateo County Assessor's Parcel Number 011-324-160 and which consists of approximately 30,000 square feet of land together with improvements consisting of a building, landscaping and paved surfaces, located within the Project Area (the "Property"); and WHEREAS, in order to carry out and implement the Redevelopment Plan, the Agency desires to enter into that certain Lease (the "Lease") between the Agency and the South San Francisco Historical Society (the "Lessee") with respect to the Property setting forth the terms and conditions under which the Agency shall lease the Property to the Lessee and Lessee shall develop the Property for a historical museum (the "Project"); and WHEREAS, the Lease furthers the goals of the Agency set forth in the Implementation Plan as it will avoid blighting conditions by ensuring that the Property is not vacant, is maintained to a high standard, and the Project to be located thereon will provide a service to the community; and WHEREAS, under the Lease, the L.essee shall ground lease the Property from the Agency for a term of up to twenty-five (25) years as more particularly described in the summary report made in accordance with Section 33433 of the California Health and Safety Code (the "33433 Summary Report"); and WHEREAS, pursuant to Section 33433 of the Community Redevelopment Law the Agency is authorized, with the approval of the City Council after a duly noticed public hearing, to convey the Property pursuant to the Redevelopment Plan upon a determination by the City Council that the conveyance of the Property will assist in the elimination of blight, that the consideration for the Property is not less than the fair mark l value or fair reuse value of the PropE~rty in accordance with the covenants and conditions governing the ground lease of the Property and improvement costs required thereof, and that the ground lease of the PropP")' under the terms and conditions set forth in the Lease is consistent with the Implementation Plan; and WHEREAS, a public hearing of the City Council on the proposed Lease, held on April 9, 2008, was duly noticed in accordance with the requirements of Health and Safety Code Sections 33431 and 33433; and WHEREAS, the proposed Lease and the 33433 Summary Report were available for public inspection prior to the joint public hearing consistent with the requirements of Health and Safety Code Section 33433; and WHEREAS, at the public hearing on the proposed Lease the City Council and Agency reviewed and evaluated all of the information, testimony, and evidence presented, including the 33433 Summary Report, pertaining to the findings required pursuant to Health and Safety Code Section 33433; and WHEREAS, the City Council has previously determined, in its adoption of the ordinance approving the Redevelopment Plan, that the Property is a portion of a blighted area, and is underutilized, as further set forth in the Implementation Plan as previously adopted and amended by the Agency; and WHEREAS, the Lease would assist in the alleviation or removal of blighting conditions and would further the goals of the Implementation Plan by conveying the Property for construction of the Project pursuant to the terms of the Lease; and WHEREAS, the Agency has duly considered all of the terms and conditions of the proposed Lease and believes that the redevelopment of the Property pursuant to the Lease is in the best interests of the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements; and WHEREAS, all actions required by all applicable law with respect to the proposed Lease have been taken in an appropriate and timely manner. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO DOES RESOLVE AS FOLLOWS: Section 1. The Agency finds and determines that, based upon substantial evidence provided in the record before it, the consideration for the Agency's disposition of the Property pursuant to the terms and conditions of the Lease is not less than the fair reuse value taking into account the use and with the covenants and conditions and development costs authorized by the Lease. Section 2. The Agency hereby finds and determines that the disposition of the Property pursuant to the Lease will eliminate blight within the Project Area. Section 3. The Agency hereby finds and determines that the Lease is consistent with the provisions and goals of the Implementation Plan. 2 Section 4. The Executive Director of the Agency (or his designee) is hereby authorized on behalf of the Agency to execute the Lease and to make such revisions to the Lease, with approval of legal cour. i which do not materially or substantially increase the Agency's obligations thereunder, to sign all documents, to make all approvals and take all actions necessary or appropriate to carry out and implement this Resolution and to administer the Agency's obligations, responsibilities and duties to be performed under the Lease and related documents. I hereby certify that the foregoing Hesolution was regularly introduced and adopted by the Redevelopment Agency of the City of South San Francisco at a meeting held on the 9th day of April, 2008 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Agency Secretary 1065057.2 3 LEASE AGREEMENT by and between the REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO and THE SOUTH SAN FRANCISCO HISTORICAL SOCIETY (ElO Chestnut Avenue) April 1,2008 TABLE OF CONTENTS RE C ITA l S ................................................................................ ...... ........ ........... . .. ...... ...... .. .. ... .... .. .. ........ ...... ... ..... ......... 1 ARTICLE I DEFINITIONS; DEMISE OF PROPERTY ...........................................................................................................1 1.1 DEFINITIONS...................................... .................................................................................................................. 1 1.2 INCORPORATION OF RECITALS. ........ ............................ ......................................... ....... ...... ..... ........ ...... .......... ........ 2 1.3 CREATION OF LEASE. ..... .... ........... ........................ .......... .............................................. ......... ............... ................2 ARTICLE II TERM OF LEASE; RENT; USE OF PREMISES ................................................................................................ 3 2.1 TERM............................................................................................................................................ ..................... 3 2.2 RENT. ........................................................................................................................................................ ........ 3 2.3 ADDITIONAL RENT. ............................................................................................................................................... 3 2.4 USE OF PREMISES. ............ .... ...... .................... .............. ..................... .......... .............. ........... ....... ........................ 3 ARTICLE III TAXES, ASSESSMENTS AND OTHER CHARGES .........................................................................................3 3.1 IMPOSITIONS. ...................................................................................................................................................... 3 3.1.1 Installments.... ...................... ......... ....... ............ .......... ............. ......... .................. ......... .................... .........3 3.1.2 Evidence of Payment .................................................................................................... ........................... 4 3.2 TENANT RIGHT TO CONTEST. ................................................................................................................................. 4 3.3 TENANT DUTY TO FilE. .......... ...... ............. .......... ....... ..... ........... ............ ..... .......... ..... ........................................... 4 ARTlC LE IV UT I LIT I ES AND SERVICES ........ ......n ............ .......... ....... ............ .... ................ ..................... .... ........ ....... ...... 4 4.1 LANDLORD'S 0 BLIGA TION S.. .............. ................ .............. ...... ........... .............. ............... .............. ........... ............. 4 4.2 I NT ERRUPTl ON OF i ELEPHON E SERVIC E" ..................... ....... .... ............... ...................... ................ ............... ...... 4 4.3 TENANT'S OB LIGATIONS..... ............... ............ ..... ................ ..................... .............. ..... ............... ................. .......... 5 ARTICLE V ALTERATIONS AND NEW CONSTRUCTION .............................................................................................n... 5 5.1 CHANGES AND ALTERATIONS......................"......... ....... ........................ ..... ........... ......... ...... .... ........ .................. ...... 5 5.2 No RIGHT TO DEMOLISH........................................................................................................................................ 6 5.3 COMPLIANCE WITH LAws. ........... .............................................................. ..... ......... .... .... .... ........... ................. .......6 5.4 RIGHTS OF ACCESS. ................................. ............................................................................................................ 6 5.5 INDEMNITY. ........................................................................................................................................... ..............6 5.6 MECHANIC'S liENS. .............................................................................................................................................. 7 ARTICLE VI MANAGEMENT, USE AND OPERA TI()N OF THE PROPERTy........................................................................ 7 6.1 PERMITTED USES. ................ ..... ... .............. .................. ....... .......................................... ... .............. ......................7 6.2 NONDiSCRIMINATION...................................................................................................................... .......................7 6.3 EASEMENTS; RESERVATION OF RIGHTS. ................................................................................................................... 7 6.4 MAINTENANCE AND INSPECTION OF THE PREMISES. .................................................................................................... 7 6.4.1 Maintenance. . ......... ....... ........ ...... ............ ........ .............. ........ ............ ......... ....... ......... .......... ........ ..... ...... 7 6.4.2 Inspection. ... ........................... ............... ...... ....... ....... ....... .................. ....................................... ....... ....... 8 6.5 AGENCY'S RIGHT TO PERFORM TENANT OBLIGATIONS. ............................................................................................... 8 6.6 AGENCY NOT OBLIGATED TO PERFORM REPA.lRS. ...................................................................................................... 8 6.7 COMPLIANCE WITH LAWS. ...... .......... .......................... ....... ..................... ................... ............. .................. ..............8 6.8 TENANT RIGHT TO CONTEST. ................................................................................................................................. 8 ARTICLE VII CONDITION OF THE PREMISES; ENVIRONMENTAL MATTERS ................................................................... 9 7.1 CONDITION OF THE PREMiSES..................................................................................................................... ............ 9 7.1.1 AS-IS Condition. ............................................................................................... ........................................9 7.1.2 No Representations. .................................................................................................................................9 7.2 TENANT'S COVENANTS. ......................................................................................................................................... 9 7.3 RELEASE OF CLAIMS. ......... ...... ............................................. ..... ..... ... ................... ..... ....... ................... ............... 10 7.4 ENVIRONMENTAL INDEMNITY. ............ ..... .... ....... ... ............................ ............................... .... ......... .......... ..............11 1065228.2 i 7.~ DEFiNITIONS............................................................................................................................................. ......... 11 7.5.1 Hazardous Materials. ..............................................................................................................................11 "52 Hazardous Materials Laws.......................................................................................................................12 ARTl C LE VIII [RESERVED] ...................... ....... ....... ......... ........... ............. ........ ......... ......... ............... ................. ............. 12 ARTICLE IX INDEMNITY AN D INSU RANC E ............ ...... ...... ............... ......... .............. ............. ........ ......... ........... ....... ...... 12 9.1 INDEMNITY. .................................................................................................................................................. ..... 12 9.2 INSURANCE REQUIREMENTS. ................................................................................................................................ 12 ARTIC LE X DAMAGE AN D DESTRUCT ION.......... .......... .......... .................... ................. ............ ........ .............................. 13 10.1 DAMAGE OR DESTRUCTION. .................................................................................................................................13 10.2 NOTICE REQUIRED. .......... ...... ....... ...... .................... .............. ...... ........ ........ .......... .......... ..... .......... ....... .... ......... 13 10.3 AGENCY'S RIGHT TO TERMINATE. ................. ......................................................................................................... 13 ARTICLE XI AGENCY'S RIGHT TO PERFORM TENANT'S COVENANTS......................................................................... 14 ARTICLE XII MORTGAGE 5 ..................... .............. .......... ........ .......... ................... ............ ......... ...... ....... .......... ............. 14 12.1 NON-SUBORDINATION OF FEE. .............................................................................................................................14 ARTICLE XIII ASSIGNMENT, TRANSFER, SUBLETTING; NONDISTURBANCE AND ATTORNMENT ................................14 13.1 RESTRICTIONS ON TRANSFER, ASSIGNMENT AND ENCUMBRANCE................................................................................14 13.2 No INVOLUNTARY TRANSFERS. ........ ......... ...... .................. .............................. ......... ...................... .......... ........ ..... 14 13.3 ASSUMPTION AGREEMENT AND RELEASE. ............................................................................................................... 15 13.4 SALE BY AGENCY. ..............................................................................................................................................15 13.5 NON-DISTURBANCE. .......... ...... ... ........ ....... ............................. ... ......................................................... ...... .......... 15 ARTICLE XIV DEFAULT, REMEDIES AND TERMINATION ..............................................................................................15 14.1 EVENT OF DEFAULT. ........................................................................................................................................... 15 14.2 NOTICE AND OPPORTUNITY TO CURE. ....................................................................................................................17 14.2.1 Notice of Default. ....................................................................................................................................17 14.2.2 Failure to Give Notice; No Waiver.............................................................................................................17 14.3 REMEDIES UPON DEFAULT. ..................................................................................................................................17 14.3.1 Agency's Remedies. ...............................................................................................................................17 14.3.2 Remedies Upon Abandonment. ...............................................................................................................17 14.3.3 Agency Right to Continue Lease. .............................................................................................................17 14.3.4 Right to Injunction; Specific Performance. .................................................................................................18 14.3.5 Right to Receiver. ...................................................................................................................................18 14.4 REMEDIES CUMULATIVE. .............. ............. .... ........ .............. .............. ............ ...... ........... ...... ........... .... ... ............. 18 14.5 No ELECTION OF REMEDIES. ................................................................................................................................18 14.6 SURVIVAL OF OBLIGATIONS. ........ ....... ............................ ............ ........ .............. ....... ............... ....... ...... ................. 18 ARTICLE y.;.J G EN ERAL PRO VI 51 ON5 .............. .................. ......... .......... ........... .......................................................... ....18 15.1 FORCE MAJEURE; EXTENSION OF TIMES OF PERFORMANCE. ......................................................................................18 15.3 AGENCY'S RIGHTTO ENTER THE PREMISES. ...........................................................................................................19 15.4 REPRESENTATIONS OF AGENCY AND TENANT. ......................................................................................................... 19 15.5 MISCELLANEOUS. ........................................................................................................................................... .... 20 15.5.1 Severability. .............................. ............... .......... ............................................. ..... .................. ...... .......... 20 15.5.2 Notices. . ..... ........................................................ .............................................. ........ ..... .............. .......... 20 15.5.3 Captions; Construction. ........... .......... .......... .......... ......... ..... ..... ........... ........................ .......... .................. 21 15.5.4 Successors and Assigns. .............................................. .......................................................................... 21 15.5.5 Memorandum of Lease. .... .................................. ........... ............ ...... ....... ........................ ........... ............. 21 15.5.6 Governing Law. .................. ....... ....... ............................ ................ ......................... ....... .......................... 21 15.5.7 Attorney's Fees. ... ............. ........................ ......... ....................... ....................... ..... .......................... .......21 15.5.8 Indemnity Includes Defense Costs.............. .............................................. ......... ............. ................. .........21 15.5.9 No Third-Party Beneficiaries; Disclaimer of Partnership, Lender/Borrower Relationship. ................................ 21 1065228.2 ii 15.5.10 15.5.11 15.5.12 15.5.13 15.5.14 15.5.15 Exhibit A Exhibit B 1065228.2 Entire Agreement........... ....... ...... ................... ......... ........... ................... ........ ....................... .............. 22 Waiver; Modification................. ........... ................ ....................... ....... .............. ..... ....... ............. ..........22 Time is of the Essence. ...................................................................................................................... 22 Counterparts. ................................................................................................................................. ...22 Action by the Parties. .................. .......................................................... ............................................. 22 Non-Liability of Officials, EmploYE~es and Agents. .................................................................................. 22 Property (legal description) Form of Memorandum of Lease iii This LEASE AGREEMENT (this "ILease" or this "Agreement"), dated as of July 1, 2008 (the "Effe~t.ive Date"), is entered into by and between the Redevelopment Agency of the City of South San Francisco, a public body, corporate and politic (hereafter the "Agency" or the "Landlord") and The South San Francisco Historical Society, a California non-profit corporation (the "Tenant"). Landlord and Tenant are hereafter each referred to as a "Party" and collectively referred to as the "Parties." RECITALS A. The Agency is a Redevelopment Agency formed, existing and exercising its powers pursuant to the provisions of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. (the "Community Redevelopment Law"). Ordinance No. 1132-93 in June, 1993, (as thereafter amended and as may be amended from time to time, the "Redevelopment Plan"), and establishing the EI Camino Corridor Redev6!lopment Project Area (the "Project Area"). B. The Agency has heretofore adopted an Implementation Plan for the redevelopment of the Project Area (the "Implementation Plan"). C. The Agency is the owner of fee title of real property located at 80 Chestnut Avenue, City of South San Francisco (the "Property"), as more particularly described in Exhibit A attached hereto and incorporated herein by this reference. The Property is located in the Project Area and is governed by the Redevelopment Plan. D. The Property is improved with a one-story building, paving and landscaping (the "Premises") . E. The Tenant desires to lease the Premises from the Agency and for the operation of a historical museum ("Museum") and related parking, and the Agency desires to lease the Premises to the Tenant. F. The Agency has determined that this Agreement is consistent with the Redevelopment Plan and the Implementation Plan for the Project Area, will be of benefit to the Project Area, and will be consistent with and further the goals of the Community Redevelopment Law and the Redevelopment Plan by assisting in the elimination of blight, ilncreasing employment opportunities in the Project Area, and providing entertainment and recreational sE~rvices to residents of the City and the Project Area. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Agency and the Tenant hereby agree as of the Effective Date as follows. ARTICLE I DEFINITIONS; DEMISE OF PROPERTY 1.1 Definitions. For purposes of this Agreement, the following terms shall have the meanings set forth in this Section. Additional definitions are set forth in the Recitals and the text of this Agreement. (a) "Applicable Laws" is defined in Section 5.3. (b) "Claims" is defined in Section 3.2. 1065228.2 (C) "Commencement Date" is defined in Section 2.1. ld) "Default Rate" is defined in ~A.rticle XI. (e) "Expiration Date" is defined in Section 2.1. (D "Force Majeure" is defined in Section 15.1. (g) "Hazardous Materials" is dl3fined in Section 7.5.1. (h) "Hazardous Materials Claims" is defined in Section 7.2(c). (i) "Hazardous Materials Laws" is defined in Section 7.5.2. U) "Impositions" is defined in Section 3.1. (k) "Improvements" is defined in Section 5.1. (I) "Indemnitees" is defined in Section 3.2. (m) "Late Payment Penalty" is defined in Section 2.2. (n) "Lease Termination" is defined in Section 2.1. (0) "Museum" is defined in Recital E. (p) "Premises" is defined in Recital D. (q) "Property" is defined in Recital C. (r) "Remedial Work" is defined in Section 7.2(e). (s) "Rent" is defined in Section 2.2. (t) "Term" is defined in Section 2.1. 1.2 Incorporation of Recitals. The Parties hereby acknowledge the Recitals set forth above, and all such Recitals are hereby incorporated into this Agreement. 1.3 Creation of Lease. Agency hereby leases to Tenant, and Tenant hereby leases from Agency, the Premises for the Term subject to the terms and conditions and for the purposes set forth in this Agreement. 1065228,2 2 ARTICLE II TERM OF LEASE:; RENT; USE OF PREMISES 2.1 .' erm. The term of this Agreement (the "Term") shall commence on April 1, 2008 (the "Commencement Date"), and unless terminated earlier pursuant to the provisions hereof, shall expire on April 1 , 2013 (the "Expiration Date"). The Term will automatically renew on the Expiration Date for one year, and will renew annually on April 1 of each year until April 1, 2033, unless either Party sooner terminates this Agreement by ninety (90) days written notice to the other Party, or Tenant's default under this Agreement ("Lease Termination.") The Parties agree to execute and record a Memorandum of this Lease in the Official Records of San Mateo County in accordance with Section 15.5.5 of this Agreement. 2.2 Rent. Commencing on the Commencement Date, the Tenant shall pay to the Agency One Dollar ($1.00) rent per year for the Premises ("Rent"). Rent shall be due and payable to the Agency annually on April 1 of each year during the Term, at the address shown in Section 15.5.2 or such other place as the Agency may designate in writing. 2.3 Additional Rent. As additional Rent, the Tenant shall pay and discharge when due, all Impositions described in Article III, all insurance premiums, utility costs, and all other liabilities and obligations which the Tenant assumes or agrees to payor undertake pursuant to this Agreement. 2.4 Use of Premises. Tenant shall use all, or substantially all, of the Premises as a Historical Museum. The hours and days of operation will be negotiated by and between Tenant and the Executive Director of Agency (or his designee) and are subject to Executive Director's approval. ARTICLE III TAXES, ASSESSMENTS AND OTHER CHARGES 3.1 Impositions. Throughout the Term, the Tenant shall pay prior to delinquency, all real property taxes, possessory interest taxes, license and permit fees, sales, use or occupancy taxes, assessments whether general or special, ordinary or extraordinary, unforeseen, as well as foreseen, of any kind or nature whatsoever, pertaining to the Premises or part thereof, including, but not limited to (i) any assessment, levy, imposition or charge in lieu of or in substitution for real estate taxes, and (ii) any assessment for public improvements or benefits which is assessed, levied, or imposed upon or which becomes due and payable and a lien upon (a) the Premises or any part thereof or any personal property, equipment or other facility used in the operation thereof, (b) the rent or income received by the Tenant from subtenants or licensees, (c) any use or occupancy of the Premises or part thereof, or (d) this transaction or any document to which the Tenant is a party creating or transferrin9 an estate or interest in the Premises or part thereof. All of the foregoing are hereinafter referred to as "Impositions." 3.1.1 Installments. If by law any Imposition is payable, or may at the option of the taxpayer be paid in installments (whether or not interest shall accrue on the unpaid balance of such Imposition), the Tenant may pay the same together with any accrued interest on the unpaid balance of such Imposition in installments as the same respectively become due and before any fine or penalty may be added thereto for 1065228.2 3 the,npayment of any such installment and interest. Any Impositions relating to tax years that are only r=,<aily included in the Term of this Agreement shall be prorated between the Tenant and the Agency. 3.1.2 Evidence of Payment. Upon request by the Agency, the Tenant shall furnish, in form satisfactory to the Agency, evidence of payment prior to delinquency of all Impositions payable by the Tenant. 3.2 Tenant Riqht to Contest. The Tenant shall have the right before any delinquency occurs to contest or object to the amount or validity of any Imposition by appropriate legal proceedings, but such right shall not be deemed or construed in any way as relieving, modifying or extending the Tenant's covenant to pay any such Imposition at the time and in the manner required by law. Any such contest shall be conducted in accordance with and subject to the requirements of all Applicable Laws and otherwise in a manner that does not subject the Agency's title to the Property to foreclosure or forfeiture. The Tenant shall indemnify, defend, and hold the Agency and its elected and appointed officers, officials, employees, agents and representatives (all of the foregoing, collectively the "Indemnitees") harmless from and against all liabilities, losses, damages, fines, deficiencies, penalties, claims, demands, suits, actions, causes of action, legal or administrative proceedings, judgments, costs and expenses (including without limitation reasonable attorneys' fees and court costs) (all of the foregoing, collectively "Claims") arising as a result of or in connection with any such contest brought by the Tenant. During any contest of an Imposition, the Tenant shall (by payment of disputed sums, if necessary) prevent any advertisement of tax sale, foreclosure of, or any divesting of the Agency's title, reversion or other interest in the Property or the Premises. Upon final determination of the amount or validity of any Imposition contested pursuant to this Section 3.2, the Tenant shall immediately pay such Imposition and all costs and expenses relating to such challenge. 3.3 Tenant Dutv to File. The Tenant shall have the duty of making or filing any declaration, statement or report which may be necessary or advisable in connection with the determination, equalization, reduction or payment of any Imposition which is or which may become payable by the Tenant under the provisions of this Article III, and shall notify the Agency in writing upon making such filing, declaration, statement or report, and the Agency shall not be responsible for the contents of any such declaration, statement or report; provided however, the Agency shall cooperate with the Tenant in connection with the foregoing, including joinder in any application pertaining thereto to the extent required under Applicable Law, all at no cost to the Agency. ARTICLE IV UTILITIES AND SERVICES 4.1 Landlord's Obliqations. Landlord shall provide telephone service ("Telephone Service") to the Premises, subject to Section 4.2, except to the extent that Tenant has, or in the future chooses to contract separately for such service. 4.2 Interruption of Telephone Service. Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing Telephone Service or for diminution in the quality or quantity of Telephone Service when the failure, delay, or diminution is entirely or partially caused by: (a) breakage, repairs, replacements, or improvements; (b) strike, lockout, or other labor trouble; (c) inability to secure Telephone Starvice after reasonable effort to do so; (d) accident or casualty; (e) act or default of Tenant or other parties; or (D any other cause beyond Landlord's reasonable control. Such failure, delay, or diminution shall not be considered to constitute an eviction or a disturbance of 1065228.2 4 Te It'S L!:?'; and possession of the Premises or relieve Tenant from paying Rent or performing any of its . ' '~atior;) under this Agreement. Without limiting the generality of the foregoing, Landlord shall not be iiaole und~r any circumstances for a loss of or injury to property or for injury to or interference with Tenant's bus:libs, Including loss of profits through, in connection with, or incidental to a failure to furnish the Telephone Service in accordance with this Article IV. Landlord may comply with mandatory or voluntary controls or guidelines promulgated by any government entity relating to the Telephone Service without creating any liability of Landlord to Tenant under this Agreement as long as compliance with voluntary controls or guidelines does not materially and unreasonably interfere with Tenant's use of the Premises. Landlord reserves the right to terminate Telephone Service at any time upon sixty (60) days prior notice to Tenant with no abatement of Rent or other compensation to Tenant. 4.3 Tenant's Obliqations. Subject to Sections 4.1 and 4.2, Tenant shall pay all costs and expenses relating to the Premises of any kind or nature whatsoever. Such costs and expenses shall include, without limitation, all amounts attributable to, paid or incurred in connection with the ownership, operation, repair, restoration, maintenance and management of the Premises; real property taxes; rent taxes; gross receipt taxes (whether assessed against the Agency or assessed against the Tenant and collected by the Agency, or both); water and sewer charges; insurance premiums; utilities; refuse disposal; lighting (including outside lighting); fire detection systems including monitoring, maintenance and repair; security; janitorial services; labor; air-conditioning and heating; maintenance and repair costs and service contracts; costs of licenses, permits and inspections; and all other costs and expenses paid or incurred with respect to the Premises. ARTICLE V AL TERA TIOINS AND NEW CONSTRUCTION 5.1 Chanqes and Alterations. During the Term of this Agreement, the Tenant shall not make any change, alteration or addition to the Premises (collectively, the "Improvements") that would materially alter the function or exterior appearance of the Premises without the prior written consent of the Agency. All alterations and additions shall be made at the Tenant's sole cost and expense and shall comply with all of the following: (a) Premises. The improvements shall not materially impair the value or structural integrity of the (b) The Improvements shall be necessary for the operation of the Business. (c) No Improvements shall be undertaken until the Tenant shall have obtained all required permits and authorizations of any federal, state or local government or departments or subdivisions of any of them, having jurisdiction. (d) The Improvements shall be made in a good and workmanlike manner and in accordance with all applicable permits and all Applicable Laws. (e) During the construction of any Improvements in, to or of, the Premises, or the permitted demolition or new construction or any restoration, the Tenant shall comply with the insurance requirements set forth in Section 9.2, which policy or policies by endorsement thereto, if not then covered, shall also 1065228.2 5 ins a an' change, alteration or addition or new construction, including all materials and equipment J,porElLed in, on or about the Premises. (f) Prior to commencement of any construction, change, alteration or repair, the Tenant shall deliver to the Agency not later than ten (10) business days written notice of the proposed work, a general description of the proposed work and sufficient information to permit the Agency to post a notice of non- responsibility on the Property and/or Premises. 5.2 No Riqht to Demolish. Notwithstanding any other provisions of this Article V, the Tenant shall have no right to demolish the Improvements, once built, unless the Tenant shall have received the prior written approval of the Agency. 5.3 Compliance with Laws. The Tenant shall carry out the construction of the Improvements in conformity with all applicable state and federal laws and regulations, including without limitation, all applicable state and federal labor laws and standards, and all applicable disabled and handicapped access requirements, including without limitation, the Americans with Disabilities Act, 42 U .S.C. Section 12101, et seq., California Government Code Section 4450, et seq., California Government Code Section 11135, et seq., and the Unruh Civil Rights Act, California Civil Code Section 51, et seq. The Tenant shall comply with all City ordinances and regulations relating to the conduct of construction, including without limitation, all City ordinances and regulations relating to noise, construction hours, and maintenance of the construction site. All of the foregoing state, federal and local laws, regulations and ordinances are hereafter referred to as the "Applicable Laws." 5.4 Riqhts of Access. The Agency shall have the right of access to the Premises during normal construction hours for purposes of assuring compliance with this Agreement, so long as the Agency complies with all safety rules and does not unreasonably interfere with the progress of construction of the Improvements. The Agency shall give the Tenant reasonable advance notice prior to exercising its rights pursuant to this Section 5.4 except in the event of emergency in which case notice shall not be required. 5.5 Indemnitv. In lieu of and not withstanding any statute, regulation or rule that may otherwise affect the terms of this Agreement, the Parties agree that all losses or liabilities incurred by a party shall not be shared pro rata, but instead the Tenant and the Agency agree to the following: The Tenant shall defend (with counsel reasonably acceptable to the Agency), indemnify and hold harmless the Indemnitees from and against any and all present and future Claims arising during the term of this Agreement from or in connection with the Tenant's failure to comply with all Applicable Laws relating to the operation or maintenance of the Premises or the Improvements, or the Tenant's activities or performance under this Agreement, whether such activity or performance is by the Tenant or by anyone directly or indirectly employed by or contracted with by the Tenant and whether such Claim shall be discovered before or after Lease Termination. The Tenant's indemnity obligations under this Section 5.5 shall not extend to Claims to the extent they arise as a result of the Indemnitees' gross negligence or willful misconduct. At its sole discretion, the Agency may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve the Tenant of any obligation imposed by this Agreement. The Agency shall notify the Tenant promptly of any claim, action or proceeding and cooperate fully in its defense. 1065228.2 6 1 ne Tenant agrees to defend, indemnify and hold harmless the Indemnitees from any claim, action or prr"'eeding against the Indemnitees, arising solely out of the acts or omissions of the Agency in the pei ;ic:H1Ce of this Agreem3nt. At its sole discretion, the Agency may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve the Agency of any obligation imposed by this Agreement. The Agency shall notify the Tenant promptly of any claim, action or proceeding and cooperate fully in the defensE~. 5.6 Mechanic's Liens. Subject to the right to contest the same prior to payment, the Parties agree and shall keep the Premises and the Property free and clear of all mechanics' liens and other liens on account of work done by or for a Party. Each Party shall indemnify, defend (with counsel reasonably acceptable to the other Party) and hold such Party's Indemnitees harmless from and against all liability, loss, damages, costs and expenses (including reasonable attorney's fees) incurred by or brought against a Party for claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished to a Party or persons claiming under it. In the event any lien is recorded, the appropriate Party shall, within twenty (20) days following such recordation, cause such lien to be removed of record by bonding or otherwise. ARTICLE VI MANAGEMENT, USE: AND OPERATION OF THE PROPERTY 6,1 Permitted Uses. The Tenant may use the Premises for the operation of the Museum as described herein and for no other purposes without thE:: prior written consent of the Agency. The Tenant shall not use or permit the Premises to be used in whole or in part during the Term for any purpose other than as permitted pursuant to this Agreement or by the Agency's written consent. 6.2 Nondiscrimination. The Tenant herein covenants by and for the himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: that there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the Premises nor shall the Tenant himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation. 6.3 Easements: Reservation of Riqht~~, The Agency reserves the right to locate and construct its own utilities and to grant nonexclusive easements across the Property for utility and other purposes including the installation, maintenance, repair and mplacement of utilities; provided that the exercise of such rights do not unreasonably interfere with the Tenant's use of the Premises for the purposes set forth herein. 6.4 Maintenance and Inspection of the Premises. 6.4.1 Maintenance. At the Tenant's sole cost and expense throughout the Term, the Tenant shall operate, maintain and manage the Flremises including all landscaping and improvements thereon in good order and repair and in neat, clean sanitary and safe condition in compliance with all local, state and federal laws, statutes and regulations relating to the use, occupancy or operation of the Premises. The Tenant shall ensure that the Premises is served by adequate lighting in accordance with applicable building 1065228.2 7 co' . Th fenant shall promptly, at the Tenant's own cost and expense, make all necessary repairs, uJL 19 eplacements or renewals when necessary, and all such repairs shall be at least equal in quality LO thp nrigina! work, reasonable wear and tear accepted. The Tenant shall keep and maintain all portions of tn0 f- remises in a clean and orderly condition, free of accumulation of dirt, rubbish, and graffiti. The Tenant's failure to maintain the Premises in accordance with this Agreement shall, in the Agency's discretion, be grounds for termination of this Agreement pursuant to Article XIV. 6.4.2 Inspection. At any time during the Term, upon reasonable advance notice and during normal business hours, the Agency may conduct interior and/or exterior inspections of the Premises to confirm that it is being properly maintained as required herein. Following its inspection, the Agency may deliver to the Tenant written notification of any portions of the Premises which the Agency has determined are not being properly maintained, and the Tenant shall promptly prepare and deliver to the Agency the Tenant's proposed plan for remedying the indicated deficiencies. The Tenant's failure to deliver a remedial plan and to complete remedial work within a reasonable time as determined by the Agency in its reasonable discretion shall be a default under this Agreement. The failure of the Agency to inspect or to notify the Tenant of any deficiency shall not be a waiver of default or of the Agency's right to enforce the Tenant's maintenance and repair obligations. The Tenant shall defend (with counsel reasonably aCCl:lptable to the Agency), indemnify and hold the Indemnitees harmless from and against any and all Claims arising out of the Tenant's failure to fully and timely fulfill its obligations to maintain and repair the Premises as required hereunder. 6.5 Agency's Riqht to Perform Tenant Obliqations. If following notice and the expiration of any applicable cure period as set forth in Section 14.2.1, the Tenant fails to perform its obligations to maintain the Premises in accordance with the standards set forth in this Agreement, the Agency shall have the right, but not the obligation, to perform such work upon delivery of written notice to the Tenant, and the Tenant shall reimburse the Agency for all expenditures the Agency incurs in connection with such work together with interest thereon at the Default Rate spE~cified in Article XI. The Agency's election to undertake such obligation shall not operate as a waiver of any other right or remedy the Agency may have pursuant to this Agreement. 6.6 Agency Not Obliqated to Perform Repairs. Notwithstanding any contrary provision herein, the Agency shall not be obligated to make any repairs, alterations, additions, improvements or betterments to the Premises during the term of this Agreement nor shall the Agency be obligated to maintain or operate the Premises. 6.7 Compliance with Laws. The Tenant, at its sole cost and expense, shall comply with all Applicable Laws pertaining to the use, operation, and management of the Premises. The Tenant shall not itself use the Premises for any unlawful purpose or perform, permit or suffer any act of omission or commission upon or about the Property or the Premises which would result in a nuisance or a violation of law. The Tenant shall use its best efforts to not permit any permittees, licensees, guests or invitees to use the Premises for any unlawful purpose or perform, permit or suffer any act of omission or commission upon or about the Property or the Premises which would result in a nuisance or a violation of law. 6.8 Tenant Riqht to Contest. The Tenant shall have the right to contest by appropriate proceedings, in the name of the Tenant, and without cost or expense to the Agency, the validity or application of any Applicable Law. If compliance with any Applicable Law may legally be delayed pending the prosecution of 8 1065228.2 any such proceeding without the incurrence of any lien, charge or liability against the Premises or Tenant's interest therein, and without subjecting the Tenant or the Agency to any liability, civil or criminal, for failure so to comply therewith, the Tenant may delay compliance therewith until the final determination of such proceeding. The Tenant shall indemnify, defend (with counsel approved by the Agency), protect and hold the Indemnitees harmless from and against all Claims arising in connection with any such contest brought by the Tenant. The foregoing indemnity obligation shall survive the expiration or earlier termination of this Agreement. ARTICLE VII CONDITION OF THE PREMISES; ENVIRONMENTAL MATTERS 7.1 Condition of the Premises. 7.1.1 AS-IS Condition. The Tenant will lease the Premises in its "AS IS" condition as such condition exists as of the Commencement Date. 7.1.2 No Representations. The Tenant acknowledges that except as expressly set forth herein, the Agency makes no representations or warranties expressed or implied regarding the condition of the Premises or the fitness or suitability thereof for the Tenant's purposes, including but not limited to, the condition of the soil, its geology, topography, the presence or absence of fill, the presence or absence of Hazardous Materials, drainage, flood zone designation, or compliance with Hazardous Materials Laws, and no patent or latent defect or deficiency in the condition of the Premises shall affect the rights of the Tenant or the Agency hereunder. The Tenant shall rely solely on its own independent investigation and judgment as to all matters relating to the Premises. The Tenant acknowledges and agrees that prior to the Effective Date it has made such investigations of the Premises, including without limitation such inquiries of governmental agencies, soils testing, tests and inspections as Tenant deemed necessary to determine the condition of the Property, and has approved all such characteristics and conditions and shall lease the Property in its condition as of the Effective Date "AS-IS" "WHERE-IS" AND WITH ALL FAULTS. The Tenant further acknowledges that the Agency has made available all data and information on the Property available to the Agency, but without warranty or representation by the Agency as to the completeness, correctness or validity of such data and information, except as otherwise set forth in this Agreement. 7.2 Tenant's Covenants. The Tenant hereby covenants and agrees that throughout the Term: (a) The Premises, and the use and operation thereof, shall be in compliance with all Hazardous Materials Laws, and the Tenant shall not cause or permit the Premises or any portion thereof to be in violation of any Hazardous Materials Laws. (b) The Tenant shall not permit the Premises or any portion thereof to be a site for the use, generation, treatment, manufacture, storage, disposal or transportation of Hazardous Materials nor shall the Tenant permit the presence or release of Hazardous Materials in, on, under, about or from the Premises with the exception of materials customarily used in construction, operation, use or maintenance of the Museum, provided such materials are used, stored and disposed of in compliance with Hazardous Materials Laws. 1065228.2 9 (c) Upon receiving knowledge of the same, the Tenant shall immediately advise the Agency in writing of: (i) any and a!1 enforcement, cleanup, removal or other governmental OJ regulatory actions instituted, completed or threatened against the Tenant, the Premises or the Property pursuant to any applicable Hazardous Materials Laws; (ii) any and all complaints, claims, citations, demands, inquiries, reports, or notices made or threatened by any third party against the Tenant, the Premises or the Property relating to damage, contribution, cost recovery, compensatiOil, loss or injury resulting from any Hazardous Materisis; (iii) the presence or release of any Hazardous Materials in, on, under, about or from the i:Jremises or the Property; or (iv) Tenant's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property classified as "Border Zone Propertt under the provisions of California Health and Safety Code, Sections 252:20 et seq., or any regulation adopted in connection therewith, that may in any way affect the Property pursuant to any Hazardous Materials Laws or cause it or any part thereof to be designated as Border Zone Property. The matters set forth in the foregoing clauses (i) through (iv) are hereinafter referred to as "Hazardous Materials Claims." The Agency shall have the rig tit to Join and participate in, as a party if it so elects, any legal oroceedings or actions initiated in connection with any Hazardous Materials Claim, and to have its reasonable attorney's fees in connection therewith paid by the Tenant. (0) Without the Agency's prior written consent, which shall not be unreasonably withheld, the Tenant shall not take any remedial action in response to the presence of any Hazardous Materials in, on, under, or about the Premises or the Property (other than in emergency situations or as required by governmental agencies having jurisdiction in which case the Agency agrees to provide its consent), nor enter into an;' settlement agreement, consent decree, or other compromise with respect to any Hazardous Materiais Claim. (8) If the presence of any Hazardous Material on the Premises or the Property results in any contamination of the Property in violation of Hazardous Materials Laws, except to the extent such contamination is caused by the City or the Agency, the Tenant shall promptly take all actions at its sole expense as are necessary to remediate the Property as required by law; provided that the Agency's approval of such actions shall first be obtained, which approval may be withheld in the Agency's reasonable discretion. All costs and expenses of any Remedial Work shall be paid by the Tenant, it being understood th-1t the Agency shall incur no cost, expense or liability in connection with any Remedial Work. The Agency shall have the right, but no obligation, to join and participate in, as a party if it so elects at the Agency's cost, any legal proceedings or actions initiated in connection with any Hazardous Material Claims. For pu')oses of this Agreement, "Remedial Work" means all investigation, testing, analysis, monitoring, res~oration) abatement, detoxification, containment, handling, treatment, removal, storage, decontamination, clean-up, transport. disposal or other ameliorative work or response action required by (i) any Hazardous Materials Laws, (iI) any order or request of any federal, state or local governmental agency, or (iii) any judgment, consent decree, settlement or compromise with respect to any and all enforcement, clean-up, removal, remediai or other governmental or regulatory actions or agreements or orders threatened, instituted, or completed pursuant to any Hazardous Materials Laws or any actions, proceedings or claims by such entities or third parties relating to or arising out of the breach of any Hazardous Materials Laws or the presence or release of any Hazardous Material in, on, under or from the Premises or the Property. 7,3 R,elease of Claims. The Tenant hereby waives, releases and discharges forever the Indemnitees from all present and future Claims the Tenant may have arising dir8Gtly or indirectly from the presence or alleged presence of Hazardous Materials on, under, in or about the Premises; provided however, this 1035228.2 10 release excludes and shall not apply to (i) any Hazardous Material that originates from any City- or Agency- owned property other than the Property and which migrates onto the Premises after the Commencement Date, or (ii) any Hazardous Materials that are generated or caused by the Indemnitees' acts or omissions after the Commencement Date. The Tenant is aware of and familiar with the provisions of Section 1542 of the California Civil Code which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. As such relates to this Section 7.3, the Tenant hereby waives and relinquishes all rights and benefits which it may have under Section 1542 of the California Civil Code. Tenant Initials 7.4 Environmental Indemnity. The Tenant shall indemnify, defend (with counsel reasonably acceptable to the Agency) and hold the Indemnitees harmless from and against all Claims arising during the Term and resulting, arising, or based directly or indirectly in whole or in part, upon (i) the presence, release, use, generation, discharge, transport, storage or disposal of any Hazardous Materials on, under, in or about, or the transportation of any such Hazardous Materials to or from the Premises during the Term, (ii) the failure of the Tenant, the Tenant's employees, agHnts, contractors, subcontractors, licensees, permittees, or any person acting on behalf of any of the foregoing to comply with Hazardous Materials Laws, or (iii) the breach by the Tenant of any of its covenants contained in this Article VII. The foregoing indemnity shall further apply to any residual contamination in, on, under or about the Premises or affecting any natural resources, and to any contamination of any property or natural resources arising in connection with the generation, use, handling, treatment, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with Hazardous Materials Laws and shall include, without limitation, any Claims arising in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work ordered by a court or required by any federal, state, or local governmental agency or political subdivision. This Section 7.4 shall survive the expiration or earlier termination of this Agreement. 7.5 Definitions. 7.5.1 Hazardous Materials. As used herein, "Hazardous Materials" means any substance, material, or waste which is or becomes regulated by any local, state or federal authority, agency or governmental body, including any material or substance which is: (i) defined as a "hazardous waste," "extremely hazardous waste," or "restricted hazardous waste" under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (ii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act); (iii) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (iv) defined as a "hazardous substance" 1065228.2 11 under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (v) petroleum; (vi) friable asbestos; (vii) polychlorinated biphenyls; (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20; (ix) designated as "hazardous substances" pursuant to Section 311 of the Clean Water Act (33 U .S.C. 81317); (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 86901, et seq. (42 U.S.C. 86903); or (xi) defined as "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. S9601, et seq., as the foregoing statutes and regulations now exist or may hereafter be amended. 7.5.2 Hazardous Materials Law~~. As used herein "Hazardous Materials laws" means all federal, state and local laws, ordinances, re9ulations, orders and directives pertaining to Hazardous Materials, including without limitation, the laws, statutes and regulations cited in the preceding Section 7.5.1, as any of the foregoing may be amended from time to time. ARTICLE VIII [RESERVED] ARTICLE IX INDEMNITY AND INSURANCE 9.1 Indemnity. The Tenant shall indemnify, defend (with counsel reasonably acceptable to the Agency) and hold the Indemnitees harmless from and against any and all Claims arising during the Term and arising from or in connection with any of the following: (i) the operation or management of the Premises, (ii) any work or thing done on or in the Premises, (iii) any condition of any alteration or addition constructed by the Tenant on the Premises, (iv) any breach or default by the Tenant in the performance of any covenant or agreement to be performed by the Tenant pursuant to the terms of this Agreement, (v) any negligence of the Tenant, or any of its agents, contractors, subcontractors, employees, or licensees, (vi) any accident, injury or damage caused to any person occurring during the Term in or on the Premises, and (vii) the furnishing of labor or materials by the Tenant or its contractors, subcontractors, employees, or agents. In the event any such action or proceeding is brought against the Agency by reason of any such Claim, the Tenant, upon notice from the Agency, covenants to defend such action or proceeding by counsel reasonably satisfactory to the Agency. If an insurer under insurance required to be maintained by the Tenant hereunder shall undertake to defend the Agency under a reservation of rights with respect to ultimate coverage and the Agency shall reasonably deem it necessary to retain independent counsel with respect to such matter, the Tenant shall pay the reasonable fees of such counsel. The obligations of the Tenant under this Article IX shall not apply to any Claim or other matter to the extent such arises as a result of the gross negligence or willful misconduct of the Indemnitees. This Section shall survive the expiration or earlier termination of this Agreement. 9.2 Insurance Requirements. The Tenant shall procure, at its sole expense, and maintain in full force and effect during the Term, the following insurance naming the Agency as additional insured and/or loss payee: 1065228.2 12 a. Comprehensive General Liability insurance against claims for bodily and personal injury, death and property damage caused by or occurring in conjunction with the operation of the Premises and the Business with a policy limit of at least Two Million Dollars ($2,000,000) per occurrence. b. Tenant shall maintain property insurance covering all risks of loss including flood (if required) for 100% of the replacement value of the Premises and any Improvements, naming the Agency as loss payee as its interests may appear. If the Tenant undertakes the construction of the Improvements pursuant to Article V, the Tenant shall ensure that its general contractor carries liability, property damage, workers' compensation, and builder's risk insurance throughout construction of the Improvements, naming the Indemnitees as additional insureds and otherwise in compliance with all requirements set forth in this Section 9.2. ARTICLE X DAMAGE AND DESTRUCTION 10.1 Damaqe or Destruction. In the event of any damage to or destruction of the Premises during the Term, the Agency shall elect by written notice delivered to Tenant within sixty (60) days following the date of the occurrence of the damage to either namove the Premises or restore and rebuild the Premises as nearly as possible to their condition immediiately prior to such damage or destruction, subject to any restrictions imposed by changes in any Applicable Law. If the Agency elects to restore the Premises, the Agency shall commence diligently and continuously to carry out such rebuilding to full completion as soon as possible and shall commence reconstruction of the Premises within the earlier of ninety (90) days following the date of occurrence of the damage or the date upon which insurance proceeds are made available for such work. Upon the occurrence of damage or destruction, all insurance proceeds paid in respect of such damage or destruction shaU be applied to the payment of the costs of the restoration and rebuilding required to be performed by the Agency pursuant to this Agreement. If the Agency does not elect to restore the Premises and the Agency does not exercise its right to terminate this Agreement pursuant to Section 14.3 within 120 days following the date of the occurrence of the damage, then at the Agency's option this Agreement shall terminate upon delivery of written notice to the Tenant. If the Agency elects to restore the Premises, the Agency shall confer with the Tenant regarding the design and plans for such restoration of the Premises. 10.2 Notice Required. In the event of material damage to or destruction of the Premises, or any part thereof, the Tenant shall promptly give the Agency notice of such occurrence and take all actions reasonably required to protect against hazards caused by such damage or destruction. For purposes of this Article X, damage or destruction shall be deemed to be material if the estimated cost to repair equals or exceeds Fifty Thousand Dollars ($50,000). 10.3 Aqency's Riqht to Terminate. Notwithstanding any contrary provision of this Article X, the Agency shall have the option to terminate this Agreement and be relieved of the obligation to restore the Premises where all or substantially all of the Premises are substantially damaged or destroyed and such damage or destruction resulted from a cause not insured against by the Tenant and/or the Agency nor required to be insured against by the Tenant and/or the Agency under this Agreement. 1065228.2 13 ARTICLE XI AGENCY'S RIGHT TO PERFORM TENANT'S COVENANTS If the Tenant shall at any time fail to pay any Imposition or other charge payable by the Tenant to a third party as required by this Agreement, or to comply with the requirements set forth in Section 9.2 pertaining to insurance, or to make any othE~r payment or perform any other act on its part to be made or performed hereunder within the time permitted by this Agreement, then the Agency, after thirty (30) days' written notice to the Tenant and without waiving or releasing the Tenant from any obligation of the Tenant hereunder, may (but shall not be required to): (i) pay such Imposition or other charge payable by the Tenant; (ii) pay for and maintain the insurance policies required pursuant to this Agreement, or (iii) make such other payment or perform such other act on the Tenant's part to be made or performed under this Agreement; and the Agency may enter upon the Premises for such purpose and take all such action thereon as may be reasonably necessary therefor. All sums paid by the Agency and all costs and expenses incurred by the Agency in connection with any such payment or the performance of any such act (together with interest thereon at the Default Rate from the respective dates of the Agency's making of each such payment) shall constitute additional Rent payable by the Tenant under this Agreement and shall be paid by the Tenant to the Agency on demand. The "Default Rate" shall mean interest calculated at an annual rate equal to the lesser of twelve percent (12%) or the maximum rate of interest permitted by law. ARTICLE XII MORTGAGES 12.1 Non-Subordination of Fee. Nothin~] in this Agreement shall be construed as an agreement by the Agency to subordinate its fee interest in the Property or its right to rent payments hereunder or any other right of the Agency herein. Except as expmssly set forth in this Agreement, the Tenant shall not mortgage its interest in the Premises without the Agency's prior written approval. Notwithstanding anything to the contrary, the Agency shall have no obligation to encumber or otherwise subordinate its fee interest in the Property or approve any mortgage of the Tenant's leasehold estate. ARTICLE XIII ASSIGNMENT, TRANSFER, SUBLETTING; NONDISTURBANCE AND ATTORNMENT 13.1 Restrictions on Transfer, Assiqnment and Encumbrance. The Tenant shall have no right to sell, transfer, sublet, assign, encumber, hypothE;cate or otherwise convey ("Transfer") its leasehold interest hereunder or any portion of its interest in the Premises, any Improvements or this Agreement voluntarily, involuntarily, by operation of law, or otherwise, without the Agency's prior written consent which shall not be unreasonably withheld. No voluntary or involuntary assignee, subtenant, or successor in interest of the Tenant shall acquire any rights or powers under this Agreement absent such consent. 13.2 No Involuntarv Transfers. Without limiting any other restrictions on transfer contained in this Agreement, no interest of the Tenant in this Agreement, the Premises or part thereof shall be assignable or transferable: (i) pursuant to any voluntary or involuntary proceeding under federal or state bankruptcy or 1065228.2 14 insolvency law; (ii) pursuant to any assignmHnt of the Tenant's assets for the benefit of its creditors; or (iii) pursuant to any order of attachment, garnishment, receivership, or similar action. Any transfer described in this SHction 13,2 shall constitute an Event of Default under this Agreement by the Tenant, and the Agency shall have the right to terminate this Agreement pursuant to Article XIV as a result of any such transfer taking place, in which case this Agreement shall not be treated as an asset of the Tenant. 13.3 Assumption Aqreement and Release. No permitted Transfer shall be effective until any curable default hereunder shall have been cured and there shall have been delivered to the Agency an assumption agreement, executed by the transferor and the proposed transferee, whereby such transferee expressly assumes such obligations as arise and/or accrue at any time after such Transfer takes place; and whereby such transferee assumes liability for the obligations of this Agreement. 13.4 Sale by Aqency, Nothing contained in this Agreement shall be deemed in any way to limit, restrict or otherwise affect the right of the Agency to sell, transfer, assign or convey all or any portion of the right, title and estate of the Agency in the Property and in this Agreement; provided, however, that in each such instance any such sale, transfer, assignment or conveyance shall be subject to this Agreement. and the Tenant's other rights arising out of this Agreement shall not be affected or disturbed in any way by any such sale, transfer, assignment or conveyance. At such time as the Agency shall sell, transfer, assign or convey the entire right, title and estate of the Agency in the Property and in this Agreement, all obligations and liability on the part of the Agency arising under this Agreement after the effective date of such sale, transfer, assignment or conveyance shall terminate as to the Agency, and thereupon all such liabilities and obligations shall be binding upon the transfHree, 13.5 Non-disturbance. Provided that the Tenant is not in default under this Agreement. the Tenant's possession, use and enjoyment of the Premises shall not be interfered with, disturbed or diminished, or otherwise affected in any manner as a result of any act or omission of the 'Agency, or any exercise of any remedies under this Agreement. ARTICLE XIV DEFAULT, REMEDIES AND TERMINATION 14.1 Event of Default. The Tenant shall be in default under this Agreement upon the occurrence of any of the following ("Events of Default"): (a) Monetary Obliqation. The Tenant at any time is in default hereunder as to any monetary obligation (including without limitation, the Tenant's obligation to pay taxes and assessments due on the Premises or part thereof, subject to the Tenant's rights to contest such charges pursuant to Section 3,2), and such default continues for thirty (30) days after the date upon which the Agency shall have given the Tenant a Notice of Default (as defined in Section 14.2.1); (b) Insurance. The Tenant fails to obtain and maintain any insurance required pursuant to Section 9.2 of this Agreement, and the Tenant fails to cure such default within ten (10) days following receipt of Notice of Default; 1065228.2 15 (c) Abandonment. The Tenant abandons the Premises and ceases to use it for the purposes authorized hereby for a period of ninety (90) days or more or as established pursuant to Section 1951.3 of the California Civil Code except when prevented by Force Majeure. (d) Transfer. A voluntary or involuntary Transfer of all or any portion of the Tenant's interest in this Agreement occurs in violation of the provisions of Article XIII; (e) Non-Monetary Obliqations. The Tenant defaults in the performance of any term, provision, covenant or agreement contained in this Agreement other than an obligation enumerated in this Section 14.1, and unless a shorter cure period is specified for such default, the default continues for thirty (30) days after the date upon which the Agency shall have given written notice of the default to the Tenant; provided however, if the default is of a nature that it cannot be cured within thirty (30) days, an Event of Default shall not arise hereunder if the Tenant commences to cure the default within thirty (30) days and thereafter prosecutes the curing of such default with due diligence and in good faith to completion and in no event later than one hundred and eighty (180) days after receipt of a Notice of Default; (D Bankruptcy. The Tenant files a voluntary petition in bankruptcy or files any petition or answer seeking or acquiescing in any reorfJanization, arrangement, composition, readjustrnent, liquidation, dissolution or similar relief for itself under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors; or seeks or consents to or acquiesces in the appointment of any trustee, receiver or liquidator of the Tenant or of all or any substantial part of its property, or of any or all of the royalties, revenues, rents, issues or profits thereof, or makes any general assignment for the benefit of creditors, or admits in writing its inability to pay its debts generally as they become due; (g) Reorqanization. A court of competent jurisdiction enters an order, judgment or decree approving a petition filed against the Tenant seeking any reorganization, dissolution or similar relief under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, and such order, judgment or decree remains unvacated and unstayed for an aggregate of sixty (60) days from the first date of entry thereof, or any trustee receiver or liquidator of the Tenant or of all or any substantial part of its property, or of any or all of the royalties, revenues, rents, issues or profits thereof is appointed without the consent or acquiescence of the Tenant and such appointment remains unvacated and unstayed for an aggregate of sixty (60) days, such sixty (60) day period to be extended in all cases during any period of a bona fide appeal diligently pursued by Tenant; (h) Attachment. A writ of execution or attachment or any similar process is issued or levied against all or any part of the interest of the Tenant in the Premises and such execution, attachment or similar process is not released, bonded, satisfied, or vacated or stayed within sixty (60) days after its entry or levy, such sixty (60) day period to be extended during any period of a bona fide appeal diligently pursued by Tenant; (i) Liens. The Tenant's failure to satisfy the requirements of Section 5.6 hereof within the time periods specified therein. 1065228.2 16 14.2 Notice and Opportunity to Cure. 14.2.1 Notice of Default. Upon the occurrence of a default hereunder, the non-defaulting party shall deliver a notice to the nonperforming party (the "Notice of Default"), stating the nature of the obligation which such nonperforming party has failed to perform, and stating the applicable period of time, if any, permitted to cure the default. 14.2.2 Failure to Give Notice: No Waiver. Failure to give, or delay in giving, the Notice of Default shall not constitute a waiver of any obligation, requirement or covenant required to be performed hereunder. No failure or delay by either party in asserting any rights and remedies as to any breach shall operate as a waiver of any breach or of any such rights or remedies. Delay by either party in asserting any of its rights and remedies shall not deprive such party of the right to institute and maintain any action or proceeding which it may deem appropriate to protect, assert or enforce any such rights or remedies. 14.3 Remedies Upon Default. 14.3.1 Aqency's Remedies. Upon the occurrence of any Event of Default and in addition to any and all other rights or remedies of the Agency hereunder and/or provided by law, the Agency shall have the right to terminate this Agreement and/or the Tenant's possessory rights hereunder, in accordance with applicable law, to re-enter the Premises and take possession thereof and of any Improvements, and except as otherwise provided herein, to remove all persons and property therefrom, and to store such property at the Tenant's risk and for the Tenant's account, and the Tenant shall have no further claim thereon or hereunder. The Agency's re-entry or taking of possession of the Premises shall not be construed as an election on the Agency's part to terminate this Agreement unless the Agency shall have given written notice of such intention to the Tenant. In no event shall this Agreement be treated as an asset of the Tenant after any final adjudication in bankruptcy except at the Agency's option so to treat the same but no trustee, receiver, or liquidator of the Tenant shall have any right to disaffirm this Agreement. 14.3.2 Remedies Upon Abandonment. If the Tenant should default under this Agreement and abandon the Premises, the Agency may, at its option, enforce all of its rights and remedies under this Agreement, including the right to recover the rent as it becomes due hereunder. Additionally, the Agency shall be entitled to recover from the Tenant all costs of maintenance and preservation of the Premises, and all costs, including attorneys' and receiver's fees incurred in connection with the appointment of and performance by a receiver to protect the Premises and the Agency's interest under this Agreement. 14.3.3 Aqencv Riqht to Continue Lease. In the event of any default under this Agreement by the Tenant (and regardless of whether or not the Tenant has abandoned the Premises), this Agreement shall not terminate (except by an exercise of the Agency's right to terminate under Section 14.3.1) unless the Agency makes such election by the giving of any notice (including, without limitation, any notice preliminary or prerequisite to the bringing of legal proceedings in unlawful detainer) to terminate the Tenant's right to possession. For so long as this Agreement continues in effect, the Agency may enforce all of the Agency's rights and remedies under this Agreement, including, without limitation, the right to recover all rent and other monetary payments as they become due hereunder. For the purposes of this Agreement, the following shall not constitute termination of the Tenant's right to possession: (a) acts of maintenance or preservation or efforts to relet the Premises; or (b) the appointment of a receiver upon initiative of the Agency to protect the Agency's interest under this Agreement. 1065228.2 17 14.3.4 Riqht to Iniunction; Specific Performance. In the event of a default by the Tenant under this Agreement, the Agency shall have the right to commence an action against the Tenant for damages, injunction and/or specific performance. The Tenant's failure, for any reason, to comply with a court-ordered injunction or order for specific performance shall constitute a breach under this Agreement. 14.3.5 Riqht to Receiver. Followinl~ the occurrence of an Event of Default, if the Tenant fails after receipt of a Notice of Default to cure the default within the time period set forth in this Agreement, the Agency, at its option, may have a receiver appointed to take possession of the Tenant's interest in the Premises with power in the receiver (a) to administer the Tenant's interest in the Premises, (b) to collect all funds available in connection with the operation of the Premises, and (c) to perform all other acts consistent with the Tenant's obligations under this AgrE!ement, as the court deems proper. 14.4 Remedies Cumulative. No remedy specified in this Article XIV shall be considered exclusive of any other remedy, but the same shall be cumulative and shall be in addition to every other remedy provided hereunder or now or hereafter existing at law or in equity or by statute, and every power and remedy provided by this Agreement may be exercised from time to time and as often as occasion may arise or as may be deemed expedient, subject to any limitations set forth herein. 14.5 No Election of Remedies. The rights given in this Article XIV to receive, collect or sue for any rent or rents, moneys or payments, or to enforce the terms, provisions and conditions of this Agreement, or to prevent the breach or nonobservance thereof, or the exercise of any such right or of any other right or remedy hereunder or otherwise granted or arising, shall not in any way affect or impair or toll the right or power of the Agency upon the conditions and subject to the provisions in this Agreement to terminate the Tenant's right of possession because of any default in or breach of any of the covenants, provisions or conditions of this Agreement beyond the applicable cure period. 14.6 Survival of Obliqations. Nothing herein shall be deemed to affect the right of the Agency under Section 3.2, Section 5.5, Section 7.4 and Section 9.1 of this Agreement to indemnification for liability arising prior to the termination of this Agreement, nor shall anything herein be deemed to affect the right of the Agency to equitable relief where such relief is appropriate. No expiration or termination of the Term by operation of law, or otherwise, and no repossession of the Improvements or any part thereof shall relieve the Tenant of its previously accrued liabilities and obligations hereunder, all of which shall survive such expiration, termination or repossession. ARTICLE XV GIENERAL PROVISIONS 15.1 Force Majeure: Extension of Times of Performance. Subject to the limitations set forth below, performance by either Party shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended where delays are due to: war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, governmental restrictions or priority, litigation, including court delays, unusually severe weather, acts or omissions of the other Party, acts or failures to act of any public or governmental agency or entity (other than the Parties which shall not excuse delay in performance), or any other cause beyond the affected Party's reasonable control (all of the foregoing "Force Majeure"). An extension of time for any such cause shall be for the period of the enforced delay and shall commence to 1065228.2 18 run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Party within thirty (30) days of the commencement of the cause and such extension is not rejected in writing by the other Party within ten (10) days of receipt of the notice. Neither Party shall unreasonably withhold consent to an extension of time pursuant to this Section. Times of performance under this Aglreement may be extended in writing by the mutual agreement of the Tenant and the Landlord (acting in the discretion of its Executive Director unless he or she determines in his or her discretion to refer such matter to the governing board of the Agency). Each Party expressly assumes the risk of such adverse economic or market changes and/or financial inability, whether or not foreseeable as of the Effective Date. 15.2 Reserved. 15.3 Aqency's Riqht to Enter the Premises. The Agency and its agents may enter the Premises from time to time with reasonable notice, except in the case of emergency in which case no notice shall be required, to inspect the same, to post notices of nonresponsibility and similar notices, and to discharge the Tenant's obligations hereunder when the Tenant has failed to do so within a reasonable time after written notice from the Agency. 15.4 Representations of Aqency and Tenant. 15.4.1 The Tenant hereby represents and warrants that all of the following are true and correct as of the Effective Date: (a) The Tenant has taken all requisite action in connection with the execution of this Agreement and the undertaking of the obli~Jations set forth herein. This Agreement constitutes the legally valid and binding obligation of the Tenant, enforceable against the Tenant in accordance with its terms, except as it may be affected by bankruptcy, insolvency or similar laws or by legal or equitable principles relating to or limiting the rights of contractin!~ parties generally; and (b) The execution of this Agreement and the acceptance of the obligations set forth herein do not violate any court order or ruling binding upon the Tenant or any provision of any indenture, agreement or other instrument to which Tenant is a party or may be bound. Neither the entry into nor the performance of this Agreement will violate, be in conflict with or constitute a default under any charter, bylaw, partnership agreement, trust agreement, mortgage, deed of trust, indenture, contract, judgment, order or other agreement, charge, right or interest applicable to the Tenant. 15.4.2 Agency hereby represents and warrants that all of the following are true and correct as of the Effective Date: (a) The Agency has taken all requisite action in connection with the execution of this Agreement and the undertaking of the obligations set forth herein. This Agreement constitutes the legally valid and binding obligation of the Agency, enforceable against the Agency in accordance with its terms, except as it may be affected by bankruptcy, insolvency or similar laws or by legal or equitable principles relating to or limiting the rights of contracting parties generally; and 1065228.2 19 (b) The execution of this Agreement and the acceptance of the obligations set forth herein do not violate any court order or ruling binding upon the Agency or any provision of any indenture, agreement or other instrument to which the Agency is a party or may be bound. Neither the entry into nor the performance of this Agreement will violate, be in conflict with or constitute a default under any charter, bylaw, partnership agreement, trust agreement, mortgage, deed of trust, indenture, contract, judgment, order or other agreement, charge, right or interest applicable to the Agency. 15.5 Miscellaneous. 15.5.1 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 15.5.2 Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notioes shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (Ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or (iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient's time or on a nonbusiness day. Agency: Redevelopment Agency of the City of South San Francisco P.O. Box 111 South San Francisco, CA 94083 Attention: Executive Director Telephone: (650) 829-6620 Facsimile: (650) 829-6623 With copy to: Meyers Nave Riback Silver & Wilson 555 12th Street, Suite 1500 Oakland, CA 94607 Attention: Redevelopment Group Telephone: (510) 808-2000 1065228.2 20 Facsimile: (510) 444-1108 Tenant: South San Francisco Historical Society 80 Chestnut Avenue South San Francisco, CA 94080 Attn: Phone: Fax: 15.5.3 Captions; Construction. The section headings and captions used herein are solely for convenience and shall not be used to interpret this Lease. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree that since both Parties have participated in the negotiation and drafting of this Agreement with the advice of counsel, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it. 15.5.4 Successors and Assiqns. Subject to the restrictions on Transfer set forth in Article III, this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns. Any reference in this Lease to a specifically named Party shall be deemed to apply to any permitted successor and assign of such Party who has acquired an interest in compliance with this Agreement as if in every case so expressed. 15.5.5 Memorandum of Lease. A memorandum of lease substantially in the form attached hereto as Exhibit B shall be executed by the Parties and recorded in the Official Records of San Mateo County. 15.5.6 Governinq Law. This AgrE~ement shall be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws. Any action to enforce or interpret this Agreement shall be filed in the Superior Court of San Mateo County, California or in the Federal District Court for the Northern District of California. 15.5.7 Attorney's Fees. If either Party commences an action against the other to enforce any obligation contained herein, or to interpret any provision hereof, the prevailing party shall be entitled to recover from the other Party reasonable counsel fees, costs and necessary disbursements, as determined by the court having jurisdiction over the action. 15.5.8 Indemnity Includes Defense Costs. In any case where either Party is obligated under an express provision of this Lease, to indemnify and to save the other Party harmless from any damage or liability, the same shall be deemed to include defense of the indemnitee by the indemnitor, such defense to be through legal counsel reasonably acceptable to the indemnitee. 15.5.9 No Third-Party Beneficiaries; Disclaimer of Partnership. Lender/Borrower Relationship. Nothing contained in this Agreement is intended to or shall be deemed to confer upon any person, other than the Parties any rights or remedies hereunder. The relationship of the parties under this Agreement is solely that of landlord and tenant, and it is l~xpressly understood and agreed that the Agency does not as a result of this Agreement in any way nor for any purpose become a partner of the Tenant or a joint venturer with the Tenant in the conduct of the Tenant's business or otherwise. This Agreement is not intended to, and shall not be construed to, create the relationship of principal and agent, partnership, joint venture, or 1065228.2 21 association as between the Agency and the Tenant. It is further expressly understood and agreed that this Agreement is not intended to, and shall not be construed to create the relationship of lender and borrower, and the Agency does not, solely as a result of this Agreement, become a lender to the Tenant. 15.5.10 Entire Aqreement. This Agreement, together with Exhibits A and B which by this reference are hereby incorporated herein, contains the entire agreement between the Parties relative to the transactions covered hereby. All previous correspondence, communications, discussions, agreements, understandings or proposals and acceptancl;s thereof between the Parties or their representatives, whether oral or written, are deemed to have been integrated into and superseded by this Agreement and are of no further force and effect except as expressly provided in this Agreement. 15.5.11 Waiver: Modification. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any subsequent breach of the same or any other covenant or provision hereof. No waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing and executed by the waiving party. This Agreement may be amended or modified only by a written instrument executed by the Parties. 15.5.12 Time is of the Essence. Time is of the essence of this Agreement and of each provision hereof. 15.5.13 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original and all of which together shall constitute one and the same instrument. 15.5.14 Action by the Parties. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, consent or request by the Agency in its capacity as landlord hereunder is required or permitted under this Agreement, such action shall be in writing, and such action may be given, made or taken by the Agency's Executive Director or by any person who shall have been designated by the Executive Director, without further approval by the Agency Board of Directors unless the Executive Director determines in his or her discretion that such matter requires consideration by the Agency Board. 15.5.15 Non-Liability of Officials, Employees and Aqents. No member, official, employee or agent of the Agency or the City shall be personally liable to Tenant or its successors in interest in the event of any default or breach by the Agency or for any amount which may become due to the Tenant or the Tenant's permitted successors in interest pursuant to this Agreement. SIGNA rURES ON THE NEXT PAGE 1065228,2 22 IN WITNESS WHEREOF, the Parties have entered into this Lease as of the Effective Date. TENANT: SOUTH SAN FRANCISCO HISTORICAL SOCIETY, a California non-profit corporation LANDLORD: REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, a public body, corporate and politic By: By: Executive Director ATTEST: Agency Secretary APPROVED AS TO FORM Agency Counsel 1065228.2 23 Exhibit A PROPERTY (Attach legal description.) 1064888.1 A-1 Exhibit B FORM OF MEMORANDUM OF LEASE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Redevelopment Agency of the City of South San Francisco P.O. Box 711 South San Francisco, CA 94083 AUn: Executive Director EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE SS 6103,27383 Space above this line for Recorder's use. MEMORANDUM OF LEASE This Memorandum of Lease (this "Memorandum"), dated for reference purposes as of April 1 , 2008, is executed by and between the Redevelopment Agency of the City of South San Francisco, a public body, corporate and politic (the "Landlord") and South San Francisco Historical Society, a California non- profit corporation (the "Tenant"), in reference to and consideration of that certain Lease dated as of April 1 , 2008, by and between Landlord and Tenant (the "Lease"). 1. The purpose of this Memorandum is to provide notice of the existence of the Lease which is incorporated herein by this reference. This Memorandum incorporates all of the terms and provisions of the Lease as though fully set forth herein. 2. The Landlord is the owner of fee title to the land located at 80 Chestnut Avenue, in the City of South San Francisco, California, as more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"). 3. There exists a building on the Property and paved parking and landscaping to be occupied as a museum (the "Premises"). 4. Pursuant to the Lease, the Landlord leases to the Tenant, and the Tenant leases from the Landlord, the Premises subject to all of the terms and conditions set forth in the Lease. 5. Premises. The Landlord hereby grants and conveys unto the Tenant for the term of the Lease the 1064888.1 B-1 6. The term of the Lease shaH be five (5) years, unless otherwise extended as permitted under the Lease. 7. This Memorandum may be executed in counterparts, each of which shall be an original, and all of which together shall constitute one fully-executed agreement. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date first set forth above. LANDLORD: TENANT: REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO SOUTH SAN FRANCISCO HISTORICAL SOCIETY By: Executive Director By: Attest: Agency Secretary Approved as to form: Agency Counsel SIGNATURES MUST BE NOTARIZED. 1064888.1 B-2 State of California County of San Mateo On ,2008, before me, . , a Notary Public from County, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 1064888.1 B-3 Community Redevelopment Law Report 80 Chestnut Lease April 9/ 2008 1 SUMMARY REPORT PURSUANT TO SECTION 33433 OF THE COMMUNITY REDEVELOPMENT LAW IN CONNECTION WITH A LEASE AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO AND THE SOUTH SAN FRANCISCO HISTORICAL SOCIETY FOR PROPERTY LOCATED AT 80 CHESTNUT AVENUE I. INTRODUCTION Section 33433 of the Community Redevelopment Law of the State of California (California Health and Safety Code, Sections 33000 et seq.) provides that before any property owned by a redevelopment agency acquired in whole or in part, directly or indirectly, with tax increment funds, is sold or leased for development pursuant to the redevelopment plan, the proposed sale or lease must first be approved by resolution of the legislative body after a legally noticed public hearing. A copy of the proposed sale or lease agreement and a summary report that describes and contains specific financing elements of the proposed transactions shall be available for public inspection prior to the public hearing. Pursuant to Section 33433, the summary report must include the following information: 1. The cost of the agreement to the redevelopment agency, including land acquisition costs, the costs of any improvements to be provided by the agency, plus the expected interest on any loans or bonds to finance the agreement; 2. The estimated value of the interest to be conveyed or leased, determined at the highest and best use permitted under the redevelopment plan; 3. The estimated value of the interest to be conveyed in accordance with the uses, determined at the use and with the conditions, covenants, and development costs required by the sale or lease; 4. Lease payments, which the lessee will be required to make during the term of the lease. If the sale price or total rental amount is less than the fair market value of the interest to be conveyed or leased, determined at the highest and best use consistent with the redevelopment plan, then the agency shall provide as part of the summary an explanation of the reasons for the differ<ence; and 1071223.1 Community Redevelopment Law Report 80 Chestnut Lease April 9/ 2008 2 5. An explanation of why the sale or lease of the property will assist in the elimination of blight, with reference to all supporting facts and materials relied upon in making this explanation. This report outlines the salient parts of the proposed Lease Agreement (the "Agreement") by and between the Redevelopment Agency of the City of South San Francisco (the "Agency") and the South San Francisco Historical Society (the "Lessee"), pursuant to which the Agency will lease property it owns in fee title located at 80 Chestnut Avenue in South San Francisco (the "Property"), to the Lessee. This report is based upon information in the proposed Agreement and is organized into the following sections: Summary of the Agreement - This section includes a description of the site and a summary of the Agreement. Cost of the Proposed Le~ase to the Agency - This section outlines the costs to the Agency. Estimated Value of the Interest to be Conveyed - This section summarizes the value of the interest to be conveyed by the Lease. Elimination of Blight - This section includes an explanation of how the disposition of the property will assist in the elimination of one or more blighting conditions insidE~ of the project area. Conformance with Five.Year Implementation Plan - This section describes how the Lease is in conformance with the Agency's Five Year Implementation Plan. II. SUMMARY OF THE PROPOSED AGREEMENT A. Description of the Site and Project The Property is located at 80 Chestnut Ave. in the EI Camino Corridor Project Area (IIProject Area"). The Property consists of approximately 30,000 square feet which have been improved with a one-story building, landscaping, parking and driveway. The building is vacant and consists of 1,950 square feet of office space and 1,690 square feet of industrial ware!house space. The Agency purchased the Property in December of 2007 from California Water Service Company ("Cal-Water"). The Property was carved out from a lar~~er 6.86 acre parcel owned by Cal-Water (the "Cal- Water Parcel") which surrounds thl9 Property on three sides. The Cal-Water Parcel is 1071223.1 Community Redevelopment Law Report 80 Chestnut Lease April 91 2008 3 sparsely improved with water tanks, wells, and related equipment and pipes. A portion of the Cal-Water Parcel is leased for agricultural use. The proposed project ("Project") is the conversion of the Property to a museum to house the history of the City of South San Francisco, together with related office and storage facilities. B. Summary of the Agreement: The Agreement is a five (5) year lease with automatic annual renewal for up to twenty (20) additional years by and between Agency and Lessee. Prior to conveyance of the Property under the Agreement, the Agency will construct improvements to the building to comply with certain code requirements. The Agency is not providing any financing or funding to Lessee for development of the Project. Subject to the specific terms and conditions stated in the Agreement, the Lessee will pay annual rent of One Dollar ($1.00) to the Agency to lease the Property, and will covenant to use the Property solely for the development and operation of the Project. The Lessee is responsible for all taxes, utilities, operation costs and maintenance costs of the Property, except telephone service, which will be provided by the Agency. The Lessee will indemnify the Agency against all liabilities, obligations, orders decrees, judgments, liens, d~jmands, actions, hazardous materials, claims, losses, damages, fines, expenses, environmental costs or costs of any kind or nature as detailed in the Agreement. The Lessee may not transfer or assign the Property or the Project without the prior written approval of the Agency. III. COST OF THE PROPOSED AGREEMENT TO THE AGENCY This section presents the total cost of the proposed Agreement to the Agency, as well as the "net cost" of the Project after consideration of the revenues to be generated by the transactions contemplated under the Agreement. 1071223.1 Community Redevelopment Law Report 80 Chestnut Lease April 9{ 2008 4 Estimated Cost to Agency Acquisition Cost Cost of Telephone Service: Cost of Telephones Installation Cost PV of Monthly Cost over 25 years Cost of Site Improvements: Slurry seal parking lot Pressure wash Re-caulk roof gutter and relocate drain. Repair perimeter wood cleek, stain and seal. Replace rear wheel chair curb. Paint Replace damaged entrance door. Install new roof asphalt shingles. Disabled Access Compliiance. Install exit signs and fire extinguishers. Repair existing heat pump and install new condenser. Install ceiling insulation and new heat pump in rear storage area Seal concrete flooring within utility and storage areas. Install new carpeting in rear office area. Clean carpets, windows, restrooms, ceiling tiles, exhaust and HV AC vents. Install new sign. Total Cost of Site ImprovemE~nts $1,100,000 300 2,000 5,743 200,000 Total Cost to Agency $1.308.043 Estimated Cost to Lessee The total cost of the Agreement over the five-year term to the Lessee is five dollars ($5.00) and over the maximum twenty-five year term including all automatic renewals is twenty-five dollars ($25). Net Cost to Agency The net cost over the twenty five-year term of the Agreement is $1,308,043 in 2008 dollars. 1071223.1 Community Redevelopment Law Report 80 Chestnut Lease April 9/ 2008 5 IV. VALUE OF THE INTEREST TO BE CONVEYED Fair Reuse Value An appraisal dated November 20,2007 ("Appraisal") was prepared by Paul E. Talmage, MAl for the Property. The Property is zoned for public use. Allowable public uses include schools, government oifices, parks, museums, transit sites and other facilities of public character. The fair reuse value of the Property is directly a function of the proposed use of the Property and the development economics of the specific use. Development of the Project will provide for a museum, related storage and office space for the South San Francisco Historical Society. The Lessee does not anticipate generating significant income from the Project, therefore, the Project is not feasible without Agency assistance in the form of deeply discounted rent. Under the terms of the Agreement, the Lessee will pay one dollar ($1) in annual rent to the Agency over the term of the Agreement. Given the Property's zoning rl8strictions, the fair reuse value of the Property is nominal. Estimated Value at Highest and Best Use According to the Appraisal, the highest and best use of the Property would be for office and warehouse use. Assuming the Property was re-zoned for office use, and that the certain portions of the building were upgraded to finished office space, the Appraisal determined the fair market value of the Property at $1,195,000. IV. ELIMINATION OF BLIGHT In December 2007, the City of South San Francisco prepared a Request for Proposals ("RFP") to prepare a land use plan and a specific plan for a study area that includes approximately 50 acres between Chestnut Avenue and the South San Francisco BART Station, including the Property. The Agency has purchased the Property with the long-term goal of incorporating it into a mixed-use development as a portion of the public space contemplated by the RFP. The Property has been vacant for more than two years. The Agreement will eliminate blight by ensuring that the Property is not vacant, will be well maintained and will provide a public service to the citizens of South San Francisco. 1071223.1 Community Redevelopment Law Report 80 Chestnut Lease April 9/ 2008 6 v. CONFORMANCE WITH FIVE-YEAR IMPLEMENTATION PLAN Five-Year Implementation Plan ("Implementation Plan") includes the study and preparation of the land use plan and specific plan as outlined in the RFP. Specifically the Agreement meets the following goals for the El Camino Corridor as set forth in the Implementation Plan: . Eliminate and prevent the spread of blight, non-conforming uses and deterioration and conserve, rehabilitate and redevelop the Project Area in accordance with the general plan, future specific plans, the redevelopment plan and local codes and ordinances. . Control unplanned growth by guiding revitalization, rehabilitation and new development in such fashion as to meet the needs of the Project Area, the City and its citizens. . Create and develop local job opportunities and preserve the area's existing employment base. As set forth above, the Agreement is in conformance with the Agency's Implementation Plan. 1071223.1 ~~\l S:'W B o (") ;:.. J C;; I;j g (>4.lIFOF-~'\~ - Redevelopm~ent Agency Staff Report RDA AGENDA ITEM # 5 DATE: TO: FROM: SUBJECT: April 9, 2008 Redevelopment Agency Board Marty Van Duyn, Assistant Executive Director EXECUTION OF EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT FOR 415-417 GRAND AVENUE RECOMMENDATION It is recommended that the Redevelopment Agency Board adopt the attached Resolution authorizing the execution of an Exclusive Negotiating Rights Agreement with the owners of real property located at 415-417 Grand Avenue. BACKGROUND/DISCDSSION At its meeting of February 13, 2008, the Redevelopment Agency's governing board (Agency Board) directed staff to pursue negotiations with the Owner regarding the potential acquisition of 415-417 Grand Avenue (Property), and authorized Agency staff to draft an agreement granting the Agency exclusive lights to negotiate a Exclusive Negotiating Rights Agreement (ENRA) for the purpose of reaching agreement on a Purchase and Sale Agreement (PSA) whose terms and conditions would, upon approval of the Agency Board, govern the conveyance of the Property. The Agency seeks to acquire the exclusive right to acquire the Property for potential rehabilitation and redevelopment consistent with the Redevelopment Agency Implementation Plan for the Downtown Project Area. The ENRA provides a twelve month period for the Agency and the Owner to use their best efforts to successfully negotiate a Purchase and Sale Agreement. The Owner agrees that it will not, during the term of this Agreement directly or indirectly, initiate or encourage any offers with respect to the acquisition of the Property. The Agency shall conduct environmental studies, surveys, building inspections, feasibility plans, specifications and reports as it deems necessary, to detennine the suitability of the Property for the Agency's intended purposes. The Owner further agrees that the Agency shall have the right to review and approve all extensions of existing rental agreements and leases, and the Owner will not execute new leases or rental agreements without the Agency's prior written approval. ' Staff Report Subject: Exclusive Negotiating Rights Agreement 415-417 Grand Avenue Page 2 FUNDING The Parties acknowledge that the purchase price for the Property is subject to adjustment to take into account the costs the Agency will incur for relocation payments to tenants and for the correction of building code violations and other relevant factors. CONCLUSION It is recommended that the Agency Board adopt the attached Resolution approving the ENRA. "'h: " :,; f.' ; ,../,. By: J ~LA.tC"L~A-\ L____--, \ Marty VanDuyn ) Assistant Executive Dir~90r APprOVed~ ~ ~f-J . Nagel Executive Director Attachment: Resolution Exclusive Negotiating Rights Agreement MVD:nf RESOLUTION NO. REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE EXECUTION OF AN EXCLUSIVE NEGOTIATING AGREEMENT WITH THE OWNERS OF REAL PROPERTY LOCATED AT 415-417 GRAND AVENUE WHEREAS, the Redevelopment Agency of the City of South San Francisco ("Agency") is a redevelopment agency existing pursuant to the Community Redevelopment Law, California Health and Safety Code Section 33000, et seq. (the "CRL"), and pursuant to the authority granted thereunder, has the responsibility to carry out the Redevelopment Plan ("Redevelopment Plan") for the Downtown/Central Redevelopment Project Area ("Project Area"); and WHEREAS, Agency staffhave negotiated an Exclusive Negotiating Rights Agreement (the "Agreement") with the ownc::rs ofthe real property located in the Project Area at 415-417 Grand Avenue (the "Property") which provides that the Agency would have the exclusive right during a 12 month period to negotiate the terms and conditions of a Purchase and Sale Agreement that, if approved by thle Agency Board, would govern the conveyance of the Property to the Agency. NOW THEREFORE, BIG IT RESOLVED, that the Redevelopment Agency of the City of South San Francisco hereby: Section 1. Finds that the lexecution of an Exclusive Negotiating Rights Agreement with the owners of the Property will further the implementation of the Redevelopment Plan and is in the best interests of the Agency and the City of South San Francisco. Section 2. Authorizes and directs the Executive Director of the Agency to execute an Exclusive Negotiating Rights Agreement substantially in the form presented to the Agency Board. Section 3. Directs staff to pursue negotiations with the Property owners and to prepare a proposed Purchase and Sale Agreement whose terms and conditions would govern conveyance of the Property to the Agency. * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Redevelopment Agency of the City of South San Francisco at a regular meeting held the day of , 2008, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Agency Secretary THIS EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT (this "Agreement") is entered into effective as of , 2008 ("Effective Date") by and between Dalal Metwally, Trustee of the Trust ("Metwally") and Rajeesh Lal, and individual ("Lal") (Metwally and Lal are hereinafter collectively referred to as "Owner") and the Redevelopment Agency of the City of South San Francisco, a public body corporate and politic ("Agency"). Agency and Owner are hereinafter collectively referred to as the "Parties." RECITALS A. Owner is the owner ofthat certain real property (the "Property") located at 415 and 417 Grand Avenue in the City of South San Francisco (the "City"), known as San Mateo County Assessor's Parcel Nos. 012-305-230 and 012-305-220. The Propeliy is located within the Downtown Redevelopment Project Area (the "Downtown Project Area") established by the Redevelopment Plan adopted for the Downtown Project Area pursuant to Ordinance No. 1056-89, adopted on July 12, 1989 (as subsequently amended, hereafter the "Redevelopment Plan"). B. The Agency seeks to acquire the exclusive right to acquire the Property for potential rehabilitation and redevelopment consistent with the Redevelopment Plan. C. At its meeting of ,2008, the Agency's governing board ("Agency Board") directed staffto pursue negotiations with Owner regarding the potential acquisition of the Property, and authorized Agency staff to negotiate and the Executive Director to sign, an agreement granting Agency exclusive rights to negotiate for the purpose of reaching agreement on a purchase and sale agreement ("PSA") whose terms and conditions would, upon approval of the Agency Board, govern the conveyance of the Property. NOW THEREFORE, in consideration ofthe mutual covenants and agreements set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows. 1. Good Faith Efforts to Negotiate. The Parties shall use their best efforts to successfully negotiate a PSA which shall describe the terms and conditions governing conveyance of the Property. The Parties shall diligently and in good faith pursue such negotiations. This Agreement does not impose a binding obligation on Owner to convey the Property to Agency, nor does it obligate the Agency to acquire the Property. Without limiting the generality of the foregoing, Owner expressly acknowledges that a PSA resulting from negotiations contemplated hereby shall become effective only if the PSA is approved by the Agency Board following compliance with all applicable requirements oflaw. The Parties agree that any PSA negotiated by the Parties: (i) will provide for close of escrow for conveyance of the Property to the Agency to take place within 12 months following execution of the PSA (or such longer period as the Parties shall mutually agree upon), and (ii) will include the provisions described in Section 8 below. The Parties further agree that during the Tenn, Owner will provide to Agency evidence that all tenants of the Property have valid City of South San Francisco business licenses. 1072282-3 1 2. Agency's Exclusive Right to Negotiate With Owner. Owner agrees that it will not, during the term of this Agreement (the "Term") directly or indirectly, through any officer, employee, agent, or otherwise, solicit, initiate or encourage the submission of bids, offers or proposals by any person or entity with respect to the acquisition of any interest in the Property, and Owner shall not engage any broker, financial adviser or consultant to initiate or encourage proposals or offers from other parties with respect to the disposition or development ofthe Property or any portion thereof. 3. Term. The Term shall commence on the Effective Date, and shall terminate on the first anniversary of the Effective Date, unless extended or earlier terminated as provided herein. The Agency's Executive Director is authorized to extend the Term by an additional ninety (90) days upon the mutual written agreement of the Parties without further approval ofthe Agency Board. 4. Right of Entry. During the Term, Agency shall use its best efforts to prepare, at Agency's expense, any studies, surveys, plans, specifications and reports ("Agency Studies") Agency deems necessary or desirable in Agency's sole discretion, to detennine the suitability of the Property for Agency's intended purposes. Such studies may include, without limitation, physical inspections, title investigation, relocation analyses, marketing, feasibility, soils, seismic and environmental studies, financial feasibility analyses and design and engineering studies. Owner agrees to provide Agency with access to the Property as may be reasonably necessary to enable Agency to prepare the Agency Studies. In connection with entry onto the Property, Agency agrees to indemnify, defend and hold Owner harmless from and against all liability, loss, cost, claim, and expense resulting from or arising in connection with entry upon the Property by Agency or Agency's agents, employees, consultants, contractors or subcontractors. 5. Reports and Documents. Within five (5) business days following the Effective Date, Owner shall provide to Agency a rent roll, certified by Owner, and copies of all studies, surveys, plans, specifications, reports, leases, rental agreements, contracts and other documents relating to the Property that Owner has in Owner's possession or control. 6. Appraisal. Agency and Owner shall each pay one-half ofthe cost of an appraisal of the Property in accordance that certain letter dated as of February 24,2008 by Dean Chapman & Associates attached hereto as Exhibit A. The Parties acknowledge that the purchase price for the Property is subject to adjustment to take into account the costs that Agency will incur for relocation payments to tenants and for the cOlTection of building code violations and other relevant factors. 7. Expenses. Except as otherwise: expressly provided herein, all costs and expenses incurred in connection with this Agreement and the activities contemplated hereby shall be paid by the Party incurring such expenses. 8. Relocation. Throughout the Term, Owner agrees to fully cooperate with Agency with respect to the delivery to existing and prospective tenants of the Property all notices and information that Agency deems necessary or advisable in order to enable Agency to comply with applicable laws relating to the provision of relocation benefits to eligible persons and entities. In addition to, and without limiting the generality of the foregoing, Owner agrees that throughout the Term: (i) Agency shall have the right to review and approve all extensions of existing rental 1072282-3 2 agreements and leases and all new rental agreements and leases for any part of the Property, and Owner will not enter into any such amendments or new leases or rental agreements without Agency's prior written approval; (ii) using notices in form approved by Agency, Owner shall infonn existing and prospective tenants that Owner is in negotiations with Agency for the sale of the Property; and (iii) Owner shall include in all extensions of existing rental agreements and leases and all new rental agreements and leases for any part of the Property such information with respect to eligibility for or waiver of relocation benefits as Agency shall reasonably require. The Parties aclmowledge that some current tenants lease portions of the Property pursuant to agreements that provide for termination upon the acquisition of the Property by a public agency. If the Parties successfully negotiate a PSA, if requested by Agency, Owner agrees to use best efforts to obtain from all existing tenants of the Property lease amendments in form approved by Agency that provide that: (i) the tenant's lease will not automatically terminate upon Agency acquisition of the Property, but will instead be terminable upon receipt of notice of agreed upon duration, and (ii) the tenant agrees to accept an agreed upon sum as payment in full of Agency's obligations with respect to moving expenses and/or relocation benefits, and the tenant waives all claims with respect to any other relocation benefits and payments. The provisions set forth in this Section 8 will be included in any purchase and sale agreement negotiated by the Parties. 9. Tennination. This Agreement may be terminated at any time by mutual consent ofthe Parties. Either Party shall have the right to tenninate this Agreement upon ten (10) days written notice upon its good faith determination that the other Party is not proceeding diligently and in good faith to carry out its obligations pursuant to this Agreement. Agency shall have the right to tenninate this Agreement upon ten days' written notice if the results of its investigation of the Property are unsatisfactory with respect to Agency's desired redevelopment activities. Neither Party shall have the right to seek an award of damages as a result ofthe termination ofthis Agreement pursuant to this Section. 10. Effect of Termination. Upon termination as provided herein, or upon the expiration ofthe Telm and any extensions thereof without the Parties having successfully negotiated a PSA, this Agreement shall forthwith be void, and there shall be no further liability or obligation on the part of either of the Parties or their respective officers, employees, agents or other representatives; provided however, the provisions of Section 7 (Expenses), Section 15 (No Brokers), and any other provisions that expressly so state, shall survive such termination. 11. Notices. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confinned by a return receipt; 1072282-3 3 (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; (iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first- class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5 :00 p.m. recipient's time or on a nonbusiness day. Agency: Redevelopment Agency of the City of South San Francisco 400 Grand Ave. South San Francisco, CA 94080 Facsimile: (650) Attn: Owner: Dalal Metwally c/o Craig Pridgen, Esq. Facsimile: ( ) And Raj eesh Lal c/o Facsimile: ( ) 12. Severability. If any tenn or provision of this Agreement or the application thereof shall, to any extent, be held to be invalid or unenforceable, such term or provision shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining terms and provisions of this Agreement or the application of such terms and provisions to circumstances other than those as to which it is held invalid or unenforceable unless an essential purpose of this Agreement would be defeated by loss of the invalid or unenforceable provIsIOn. 13. Entire Agreement; Amendments in Writing; Counterparts. This Agreement contains the entire understanding of the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, oral and written, between the Parties with respect to such subject matter. This Agreement may be amended only by a written instrument executed by the Parties or their successors in interest. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 1072282-3 4 14. Successors and Assi~ns; No Third-Party Beneficiaries. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns; provided however, that neither Party shall transfer or assign any of such Party's rights hereunder by operation of law or otherwise without the prior written consent of the other Party, and any such transfer or assignment without such consent shall be void. Subject to the immediately preceding sentence, this Agreement is not intended to benefit, and shall not run to the benefit of or be enforceable by, any other person or entity other than the Parties and their pennitted successors and aSSIgns. 15. No Brokers. Agency and Owner (each an "Indemnitor") warrants and represents to the other that no brokers have been retained or consulted in connection with this transaction other than as disclosed in writing to the other Party. Each Indemnitor agrees to defend, indemnify and hold harmless the other Party from any claims, expenses, costs or liabilities arising in connection with such Indemnitor's breach of this warranty and representation. The terms of this Section shall survive the expiration or earlier termination of this Agreement. 16. Captions. The captions of the sections and articles of this Agreement are for convenience only and are not intended to affect the interpretation or construction of the provisions hereof. 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. SIGNATURES ON FOLLOWING PAGE. 1072282-3 5 IN WITNESS WHEREOF, the Parties have executed this Agreement as ofthe date first written above. REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO By: Name: Executive Director APPROVED AS TO FORM: By: Agency Counsel ATTEST: By: Agency Secretary OWNER Rajeesh Lal Dalal Metwally, Trustee of the Trust 1072282-3 6 ~'t\l ~ ~ fr. . ~~\ o 0:) >< ... ~ r; v 0 C'4I.IFO'P-~\.l-. - DATE: TO: FROM: SUBJECT: Redevelop1TIent Agency Staff Report RDAAGENDAITEM#6 Apri19,2008 Redevelopment Agency Board Marty VanDuyn, Assistant Director A RESOLUTION APPROVING THE FINAL DESIGN OF THE MILLER AVENUE PARKING GARAGE AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH WATRY DESIGN, INC. FOR CONSTRUCTION DESIGN OF THE MILLER AVENUE PARKING STRUCTURE RECOMMENDATION Staff recommends that the Redevelopment Agency Board adopt a resolution approving the final design for the Miller A venue Parking Structure and authorizing the Executive Director to execute a contract with Watry Design, Inc. to design the Miller Avenue Parking Structure. BACKGROUNDIDISCUSSION (Continued from the March 26, 2008 Redevelopment Agency Meeting) At its March 26, 2008 meeting, the Redevelopment Agency Board considered adoption of a resolution to execute a contract with Watry Design, Inc. to proceed with construction plans and specifications for the Miller A venue parking structure. Due to concerns with the final design details voiced by the board members at the December 12, 2007 meeting when the schematic design was approved, the matter was continued to allow the architects to clarify how the Board's comments had been addressed. Additionally, it was requested that staff develop a marketing strategy for the parking garage. Design Modifications Below is a summary ofthe Redevelopment Agency Board members' comments and the architect's responses. The architect will be in attendance at the meeting to present the changes. 1. Revise the cornice features. They look a little too strong and heavy. The cornice design has been modified. The key stones have been removed and the depth of the cornice line has been reduced. Staff Report RE: Watry Design Contract - Miller Ave. Parking Structure Date: April 9, 2008 Page 2 of3 2. Revise the vehicle entry/ gate feature. Watry revised this into a more integrated design with a flat-top cornice. 3. Add brick on the west and east elevations. Watry has modified the design to add brick on the west and east elevations. However, due to added cost and added structural load, staff is not recommending this alternative. 4. Access to the Parking Structure needs to be controlled after hours. Gates will be added at pedestrian entry points. Roll-up gates will be added at vehicular entrances, and an architectural security grille will be added at openings along the ground level. Marketing Strategy Staff proposes to develop a marketing strategy for the parking garage well in advance of its completion. Initial concepts include free or discounted parking in the garage for the first month, flyers distributed to all area businesses, notices on the City's website and in the Chamber of Commerce newsletter, and updated way-finding and parking lot signage throughout the parking district. Construction Drawings/Bid Documents Watry Design, Inc. has provided staff with the attached proposal to prepare construction drawings, bid packages and construction administration services, including the development of design criteria to allow bid alternates for a roof mounted solar array, enhanced video surveillance and geothermal heating and cooling. Watry Design, Inc.'s budget to complete this work totals $1,101,232. The project schedule anticipates commencement of construction activities on or around October 30, 2008. FUNDING The 2007-2008 Capital Improvement Budget includes an appropriation of $ 10,000,000 for design and construction of the Miller Avenue Parking Structure, from Redevelopment Agency Funds. CONCLUSION Staff recommends that the Redevelopment Agency Board adopt the attached resolution approving the final design for the Miller A venue Parking Garage and authorizing the Executive Director to Staff Report RE: Watry Design Contract - Miller Ave. Parking Structure Date: April 9, 2008 Page 3 of3 execute a contract with Watry Design, Inc. to complete the construction documents and competitive bid packages for the Miller Avenue Parking Structure. By: (~~~1ynJ-' Assistant Director Approved: /~~" ,{ ~.. '-Blrrry'M. Nage ~_-,,~- Executive Director BMN:MVD:SK ATTACHMENTS Redevelopment Agency Resolution Watry Design, Inc. Scope of Services Time Schedule December 12, 2007 City Council Minutes S:\Smalley\Downtown\Garage\Contracts\Design Contract\RDASR - Watry contract 4-09-08 rev.doc RESOLUTION NO. REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE FINAL DESIGN OF THE MILLER AVENUE PARKING STRUCTURE AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH WATRY DESIGN, INC. FOR CONSTRUCTION DESIGN OF THE MILLER AVENUEP~GSTRUCTURE WHEREAS, the Redevelopn1ent Agency of the City of South San Francisco ("Agency") is a redevelopn1ent agency existing pursuant to the Community Redevelopment Law, California Health and Safety Code Section 33000, et seq. (the "CRL"), and pursuant to the authority granted thereunder, has the responsibility to carry out the Redevelopn1ent Plan ("Redevelopment Plan") for the Downtown/Central Redevelopment Project Area ("Project Area "); and WHEREAS, the City Council of the City of South San Francisco has appropriated $10,000,000 in the 2007-2008 Capital Improvelnent Budget for the design and construction of the Miller Avenue Parking Structure; and WHEREAS, Watry Design, Inc. and Group 4 Architecture/Walker Parking Consultants submitted proposals for the design and construction administration of the Miller Avenue Parking Structure, though Watry Design, Inc. was able to provide a full scope of services and complete delivery of the project seven months earlier than Group 4 Architecture/Walker Parking Consultants; and WHEREAS, Watry Design, Inc. has completed schelnatic designs of the Miller Avenue Parking Structure, and is prepared to proceed with constnlction drawings, bid packages, and construction adlninistration services for an amount not to exceed $1,101,232, as detailed in their proposal, attached to this Resolution and incorporated herein by reference; and WHEREAS, a Mitigated Negative Declaration has been completed in accordance with the California Environmental Quality Act, analyzing the proposed project's effects on the environment and concluding that after Initigation, the project will not have any significant environmental impacts. NOW THEREFORE, BE IT RESOLVED, that the Redeveloplnent Agency of the City of South San Francisco does hereby approve the.final design of the Miller Avenue Parking Structure and authorize the Executive Director or his designee, to execute a contract with Watry Design, Inc., not to exceed $1,101,232, to complete the construction design and doculnents and competitive bid packages for the Miller Avenue Parking Structure. * * * * * I hereby ce11ify that the foregoing Resolution was regularly introduced and adopted by the Redevelopn1ent Agency of the City of South San Francisco at a regular Ineeting held the day of , 2008, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Clerk DESIGN PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND Watry Design, Inc. THIS AGREEMENT for Design Professional Services is made by and between the City of South San Francisco and the South San Francisco Redevelopment Agency (hereafter, "City") and Watry Design, Inc. (hereafter, "Consultant") (together sometimes referred to as the "Parties") as of April 9, 2008 (the "Effective Date"). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A. attached hereto and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on May 31, 2009, or the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assh:mment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. The Consultant shall not be responsible for delays beyond their reasonable control. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $1,101,232 not withstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and the Scope of Services, attached as Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments speCified below shall be the only payments from Consulting Services Agreement between City of South San Francisco and Watry Design, Inc. April 9, 2008 Page 1 of 13 - 1 - -2- April 9, 2008 Page 2 of 13 Consulting Services Agreement between City of South San Francisco and Watry Design, Inc. 2.4 Reimbursable Expenses. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. 2.2 Monthlv Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. City shall notify Consultant within 10 days of receipt of invoice if invoice is not in compliance in order for corrections to be made. · Serial identifications of progress bills; Le., Progress Bill No.1 for the first invoice, etc.; · The beginning and ending dates of the billing period; · A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; · A description of the work performed justifying the percent complete · The Consultant's signature. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the percent complete of services performed for each task and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. 2.5 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.6 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.7 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide Certificates of Insurance, attached hereto and incorporated herein indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if Consulting Services Agreement between City of South San Francisco and Watry Design, Inc. April 9, 2008 Page 3 of 13 -3- -4- April 9, 2008 Page 4 of 13 Consulting Services Agreement between City of South San Francisco and Watry Design, Inc. 4.3.1 General reauirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for 4.3 Professional Liabili~lnsurance. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. 4.2.3 Additional reauirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: 4.2.2 Minimum scope of coveraae. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 4.2.1 General reauirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles, if any. 4.2 Commercial General and Automobile Liability Insurance. the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MilLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least one year after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of one year after completion of the Agreement or the work. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Reauirements. 4.4.1 Acceptabilitv of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coveraae. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. 4.4.3 Notice of Reduction in or Cancellation of Coveraae. A certified endorsement or certificate shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by mail, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. Consulting Services Agreement between City of South San Francisco and Watry Design, Inc. April 9, 2008 Page 5 of 13 -5- -6- April 9, 2008 Page 6 of 13 Consulting Services Agreement between City of South San Francisco and Watry Design, Inc. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy, for Consultant's breach: 4.4.7 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers beyond a maximum of $100,000. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.5 Deductibles and Self.lnsured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles exceeding what is permitted in 4.3.1 before beginning any of the services or work called for by any term of this Agreement. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. 4.4.4 Additional insured: primary insurance. Except for professional liability and workers' compensation insurance, City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. · Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; · Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or · Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend and hold City, its officials, officers, employees, and volunteers harmless to the fullest extent permitted by Califomia Civil Code Section 2782.8. Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liability is caused by the negligence, active negligence, or willful misconduct of the City, or any third party to this Agreement. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System Consulting Services Agreement between City of South San Francisco and Watry Design, Inc. April 9, 2008 Page 7 of 13 -7- -8- April 9, 2008 Page 8 of 13 Consulting Services Agreement between City of South San Francisco and Watry Design, Inc. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 7.5 Nondiscrimination and Eaual Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. 7.4 Licenses and Permits. Consultant represents to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.3 Other Governmental Reaulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall exercise professional care to comply with all laws applicable to the performance of the work hereunder. 7.1 Governina Law. The laws of the State of California shall govem this Agreement. Section 7. LEGAL REQUIREMENTS. 6.2 Consultant No Aaent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assianment and Subcontractina. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach bv Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following: Consulting Services Agreement between City of South San Francisco and Watry Design, Inc. April 9, 2008 Page 9 of 13 -9- -10- April 9, 2008 Page 10 of 13 Consulting Services Agreement between City of South San Francisco and Watry Design, Inc. Section 10 MISCELLANEOUS PROVISIONS. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Govemment Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. City agrees to indemnify Consultant it's employees and sub Consultants from any use of these documents for which the Consultant is not a part. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties unless required by law. Section 9. KEEPING AND STATUS OF RECORDS. 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant. 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; If the City uses these work products after termination of Consultant, the City shall indemnify the Consultant from all claims associated with it. 8.6.1 Immediately terminate the Agreement, after the Consultant has been provided reasonable notice of the breach and a 30 day period during which the Consultant may correct any default; 10.1 Not Used. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Court for the First District of California. 10.3 Severabilitv. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assians. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recvcled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest,. as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code 91090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code 91090 and, if applicable, will be disqualified from holding public office in the State of California. Consulting Services Agreement between City of South San Francisco and Watry Design, Inc. April 9, 2008 Page 11 of 13 - 11- -12- April 9, 2008 Page 12 of 13 Consulting Services Agreement between City of South San Francisco and Watry Design, Inc. The Parties have executed this Agreement as of the Effective Date. 10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.12 InteQration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. Seal and Signature of Registered Professional with report/design responsibility. 10.11 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Any written notice to City shall be sent to: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 10.10 Notices. Any written notice to Consultant shall be sent to: Michelle Wendler Watry Design, Inc. 1700 Seaport Blvd. Ste 210 Redwood City, CA 94063 10.9 Contract Administration. This Agreement shall be administered by Marty Van Duyn, Assistant City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. CITY OF SOUTH SAN FRANCISCO / SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY Barry M. Nagel, City Manager/ Executive Director Attest: Krista Martenelli Larson, City Clerk Approved as to Form: Steven T. Mattas, City Attorney 207532_1 CONSULTANT Michelle Wendler, AlA, Principal Department Head Approval: Marty Van Duyn, Assistant City Manager Consulting Services Agreement between City of South San Francisco and Watry Design, Inc. -13- April 9, 2008 Page 13 of 13 -14- April 9, 2008 Page 1 of 11 Consulting Services Agreement between City of South San Francisco and Watry Design, Inc. - Exhibit A 1.1.2 Based on the City approved Design Documents and any further adjustments in the scope of the Project or in the construction budget authorized by the City, Watry Design, Inc. shall prepare, for approval by the City, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project covered by this agreement. The Contract Documents are to include the following: 1.1.1 Watry Design, Inc. shall attend design coordination meetings with the City, not to exceed 4. 1.1 Construction Documents Phase Section 1 - Basic Services Basic Services to be provided are as follows. SCOPE OF SERVICES 1. This agreement does not include services related to Project Peer Review or Special Inspections. Exclusions from Basic Fee: 1. Geotechnical Report and Site Survey are provided by the City. 2. The Public Works Agency will supply City standard bidding requirements; including bid proposal, contract forms and agreement, and General Conditions pertaining to the Owner and General Contractor Agreement. WDI and its consultants will provide the remaining necessary technical specifications in CSI format, including Divisions 1 through 16. Assumptions: The Project consists of a new multistory parking garage with street-level commercial space, to be located on Miller Avenue in South San Francisco. The requirements and general geometry of the proposed garage will be based on Garage Concept 2A of the Miller Avenue Parking Garage Feasibility Study presented to the South San Francisco City Council on June 4th, 2007 and consistent with the Schematic Design reviewed by the City Council on December 12,2007. The Project will not include improvements to 4th Lane or other off site improvements. The parking structure project consists of a 4 112 level parking structure containing approximately 256 stalls and approximately 13,700 square feet of ground floor commercial space. The structural frame is considered to be cast-in-place concrete, shear wall, long span system with a foundation system per the soils report. PROJECT DESCRIPTION SCOPE OF SERVICES April 9, 2008 EXHIBIT A . Parking Level Plans . Structural Foundation Plans . Structural Framing Plans . Structural Calculations . Parking Level Drainage Plan . Exterior Elevations . Building Cross Sections . Enlarged Floor Plans (of specific areas as needed) . Typical Wall Sections . Architectural and Structural engineering Details . Mechanical Plans and Details . Electrical Plans and Details . Security Plans and Details . Civil Plans and Details . Landscape Plans and Details . Signage Plans and Details . Project Specifications 1.1.3 Watry Design, Inc. shall prepare Structural Calculations for the Primary Structural System for submittal to Governing Building Officials. 1.1.4 Watry Design, Inc. shall designate elements to be designed by Specialty Engineers. The Contract Documents shall specify Structural Des ign Criteria, type of element, position within structure and connection to Primary Structural System, and required Submittals. 1.1.5 Watry Design, Inc. shall review the effect of Secondary and Non-Structural elements on the Primary Structural System and design the Primary Structural System to accept and support such items. The Contract Documents shall provide information regarding the supporting capability and physical attachment limitations of the Primary Structural System. 1.1.6 Watry Design, Inc. shall designate on the Contract Documents all required Special Inspection and Testing. 1.1. 7 Civil Engineer shall provide final site demolition plans, on-site grading and drainage plans, on-site storm, sanitary and water plans including relocations as needed, horizontal layout of site electrical, gas, and telecommunication systems, off-site plans for site frontage improvements consisting of utility services, sidewalks, driveways, and curb replacement, fire design plan with pipe sizing, flow analysis, and fire system layout including fire hydrants, FDC's and PIV's for bidding purposes for site work only. 1.1.8 Security Consultant shall design the conduit for a future security system and develop and provide all required drawings, details, and installation for the conduit system.. 1.1.9 Mechanical Engineer shall provide construction documents for the mechanical and plumbing systems. They shall also provide envelope Title 24 documentation Consulting Services Agreement between City of South San Francisco and Watry Design, Inc. - Exhibit A April 9, 2008 Page 2 of 11 -15- -16- April 9, 2008 Page 3 of 11 Consulting Services Agreement between City of South San Francisco and Watry Design, Inc. - Exhibit A 1.4.3 Contractor shall send all required submittals directly to Watry Design, Inc. for review and copy the City. The Contractor shall maintain an updated log of all 1.4.2 Duties, responsibilities, and limitations of authority of Watry Design, Inc. shall not be restricted, modified or extended without written agreement between the City and Watry Design, Inc. 1.4.1 Watry Design, Inc.'s responsibility to provide Basic Services for the Construction Administration Phase under this Agreement commences with the issuance of a contract between the City and a Contractor and terminates at the issuance to the Owner of the Certificate of Occupancy. The anticipated length of construction is estimated to be 60 weeks. 1.4 Construction Administration Phase 1.3.2 Watry Design, Inc. shall respond to questions from the General Contractors as it pertains to the bidding process by issuing addenda and assist the City in evaluating bids as requested. 1.3.1 Watry Design, Inc. shall attend the prebid meeting at the site. 1.3 Bidding Phase 1.2.2 Watry Design, Inc. and subconsultants shall respond to questions of Building Official and issue the final set for Bidding. 1.2.1 Watry Design, Inc. shall submit drawings to the Building Official for Plan Check. 1.2 Plan Check Phase 1.1.14 Watry Design, Inc. and all subconsultants shall respond in writing to Governing Building Official's comments on Contract Documents. Watry Design, Inc. will coordinate responses from all subconsultants. 1.1.13 Cost Estimator shall finalize Opinion of Probable Construction Cost with input from Watry Design, Inc. 1.1.12 Signage Consultant shall provide specifications and construction documents for the signs that include interior and exterior signage and code required signage. 1.1.11 Landscape Architect shall provide specifications and construction documents for landscape plants, materials, drainage, irrigation, and any special landscape features. 1.1.10 Electrical Engineer shall provide construction documents and specifications for the electrical systems including lighting systems. for the retail shell. They shall also provide performance plans and specifications for a fire protection design / build contract. submittals and RFI's. Watry Design, Inc. shall review Contractor submittals pertaining to items designed by Watry Design, Inc. such as shop drawings, product data, samples and other data as required by Watry Design, Inc., but only for the limited purpose of checking for general conformance with the design concept and the information expressed in the Contract Documents prepared by Watry Design, Inc. This review shall not include review of the accuracy or completeness of details, such as quantities, dimensions, weights or gauges, fabrication processes, construction means or methods, coordination of the work with other trades or construction safety precautions, all of which are the sole responsibility of the Contractor. Watry Design, Inco's review shall be conducted with reasonable promptness while allowing sufficient time in Watry Design, Inco's judgment to permit adequate review. Review of a specific item shall not indicate that Watry Design, Inc. has reviewed the entire assembly of which the item is a component. The General Contractor shall review all submittals prior to Watry Design, Inco's review. Each submittal shall be stamped that the General Contractor has reviewed the submittal. Watry Design, Inc. shall not be responsible for any deviations from the contract documents not brought to the attention of Watry Design, Inc. in writing by the Contractor. Watry Design, Inc. shall not be required to review partial submissions or those for which submissions of correlated items have not been received. Watry Design, Inc. shall maintain the discretion to return partial or incomplete submittals to the Contractor. Watry Design, Inc. shall mark up one reproducible copy, return it to the Contractor and copy the City. Number of submittals is assumed to be 200. 1.4.4 Watry Design, Inc. shall also review submittals pertaining to Structural Elements specified by Watry Design, Inc. and designed by Specialty Engineers. Watry Design Inc shall: . Determine whether Submittals have received prior approvals as required by the Contract Documents. . Determine whether Submittals bear the signature and professional seal of the Specialty Engineer responsible for the design as required by the Contract Documents. . Include review of any Pre-Engineered Structural Elements and shall be for the type, position, and connection to other elements within the Primary Structural System, and for criteria and loads used for their design. . Include determination that structural elements are necessary for a stable structure will be provided. 1.4.5 Watry Design, Inc. shall visit the project at appropriate intervals during construction to become generally familiar with the progress and quality of the contracts' work and to determine if the work is preceding in general accordance with the Contract Documents prepared by Watry Design, Inc. The City has not retained Watry Design, Inc. to make detailed inspections or to provide exhaustive or continuous project review and observation services. Watry Design, Inc. does not guarantee the performance of, and shall have no responsibility for, the acts or omissions of any contractor, subcontractor, supplier or any other entity furnishing materials or performing any work on the project. Watry will attend construction meetings/site visits on the average of a bi-weekly basis, assumed to be a Consulting Services Agreement between City of South San Francisco and Watry Design, Inc. - Exhibit A April 9, 2008 Page 4 of 11 -17- -18- April 9, 2008 Page 5 of 11 Consulting Services Agreement between City of South San Francisco and Watry Design, Inc. - E~hibit A 1.4.12 Watry Design, Inc. shall conduct periodic reviews to determine the date of Substantial Completion and the date of final completion, and shall receive and forward to the City for the City's review and records written warranties and 1.4.11 Watry Design, Inc. shall interpret and decide matters concerning performance of the Contractor under the requirements of the Contract Documents, on written request by the City. Watry Design, Inc.'s response to such request shall be made with reasonable promptness and within any time limits agreed upon. 1.4.1 0 Watry Design, Inc.'s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 1.4.9 Watry Design, Inc. shall be a representative of and shall advise and consult with the City during construction until final payment to the Contractor is due. Watry Design, Inc. shall have authority to act on behalf of the City only to the extent provided in this Agreement unless otherwise modified by written instrument. 1.4.8 Interpretations and decisions of Watry Design, Inc. shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, Watry Design, Inc. shall endeavor to secure faithful performance by the City or the Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 1.4.7 Watry Design, Inc. shall have the authority to reject any work of the Contractor that is not, in the professional judgment of Watry Design, Inc., in accordance with the plans, specifications and other construction documents. Neither this authority nor the good faith judgment to reject or not to reject any such work shall subject Watry Design, Inc. to any liability or cause of action on behalf of the contractor, subcontractors or any other suppliers or persons performing portions of the work on this project. 1.4.6 Neither the professional activities of Watry Design, Inc., nor the presence of Watry Design, Inc. or his or her employees and sub-consultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the Work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. Watry Design, Inc. and his or her personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The City agrees that the General Contractor is solely responsible for jobsite safety, and warrants that this intent shall be made evident in the City's agreement with the General Contractor. The City also agrees that Watry Design, Inc. shall be indemnified and shall be made additional insureds under the General Contractor's general liability policy. maximum of30. The number of structural visits prior to slab pours is not to exceed 15. related documents required by the Contract Documents and assembled by the Contractor. Watry Design, Inc. shall recommend issuance of a final Certificate for Payment by the City upon compliance with the requirements of the Contract Documents. 1.4.13 Watry Design, Inc. shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the City and Contractor relating to the execution or progress of the Work as provided in the Contract Documents if asked to do so. 1.4 .14 The City warrants he or she will cause the Contractor to review any request for information (RFl's) submitted by subcontractors prior to submission to Watry Design, Inc. to ensure such RFl's are not already clearly and unambiguously answered in the Contract Documents. Watry Design, Inc. shall be paid by the City form Contractor retention for time spent reviewing RFI's which are already clearly answered on the Contract Documents, in accordance with Watry Design, Inc.'s standard rates. In the event of disagreement over such compensation, the judgment of the City's representative shall prevail. 1.5 Consultants 1.5.1 Watry Design, Inc. shall hire the following proposed consultants to prepare documents for the project based on their expertise: . Civil Engineering and Surveying: Wilsey & Ham . Security Consulting: Tomasi Dubois & Associates, Inc. . Mechanical, Plumbing Engineering and FP criteria: List Engineering . Electrical Engineering: Engineering Enterprise . Landscape Architecture: Merrill Morris Partners . Signage Design: Donnelly Design . Cost Estimating: O'Connor Construction Management, Inc. . Photovoltaic: Kenwood Energy Section 2 - Additional Servic es 2.1 General 2.1.1 Services beyond those outlined under Basic Services may be requested. They are categorized as Additional, Special or Extra Services. These services may be provided by Watry Design, Inc. under terms mutually agreed upon by the City and Watry Design, Inc. The Additional Services identified in Section 2.4 are included as part of the not to exceed compensation amount of$I,101,232 identified in Section 2 of this Agreement. 2.2 Special Services 2.2.1 Special Services are services that mayor may not be foreseen at the beginning of design stages, and are not normally included as Basic Services. Examples include, but are not limited to: Consulting Services Agreement between City of South San Francisco and Watry Design, Inc. - Exhibit A April 9, 2008 Page 6 of 11 -19- -20- April 9, 2008 Page 7 of 11 Consulting Services Agreement between City of South San Francisco and Watry Design, Inc. - Exhibit A 2.3.1 Extra Services are services that arise as a result of unforeseen circumstances during the design or construction process. Examples include, but are not limited to: 2.3 .1.1 Services resulting from changes in scope or magnitude of the project as described and agreed to under the Basic Services Agreement. 2.3 .1.2 Services resulting from revisions due to the enactment or revision of codes, laws, or regulations subsequent to the preparation of documents. 2.3.1.3 Services resulting from revisions due to changes required as a result of the City's failure to render decisions in a timely manor. 2.3 .1.4 Services resulting from corrections or revisions required because of errors or omissions in construction by the Contractor. 2.3 .1.5 Services resulting from damage, as the result of fires, man made disasters, or acts of God. 2.3.1.6 Review and design of alternate or substitute systems during construction. Services related to the analysis of the City's future needs and programming the future requirements. Watry Design, Inc. will work with the retail consultant to program the retail space. Services related to financial feasibility or other special fiscal studies. Services related to off-site planning surveys, off-site site evaluations or comparative studies of prospective sites. Services related to the structural design of Non-Structural Elements and their attachments, such as: . Window washing systems and tie downs. . Antennas and flagpoles. Services related to special dynamic analysis such as spectrum or time-history response to seismic forces, or floor-response analysis for footfall or vibratory equipment. Services related to special wind analyses, such as wind-tunnel test, etc. Services related to "seismic risk" analysis. Field Investigation of existing Buildings and structures, except for the investigation of potential soil nails of the adjacent building that are on the site underground. Services connected with the preparation of documents for segregated Contracts for phased or fast track construction. Continuous and/or detailed inspections of construction. Design or review related to contractor's construction related equipment, e.g., cranes hoist, etc. Design for future expansion, facilities, systems and equipment. Preparation of shop or fabrication Drawings, for example reinforcing and structural steel detailing, etc. Services provided after the issuance to the City of the final Certificate of Retention Payment, or in the absence ofa final Certificate for Retention Payment, more than 60 days after the date the Notice of Completion is filed at the County Recorder. 2.3 Extra Services 2.2.1.14 2.2.1.12 2.2.1.13 2.2.1.10 2.2.1.11 2.2.1.9 2.2.1.7 2.2.1.8 2.2.1.6 2.2.1.5 2.2.1.4 2.2.1.3 2.2.1.2 2.2.1.1 2.3.1.7 Review of additional shop drawing Submittals when occasioned by improper handling or coordination by the Contractor. 2.3.1.8 Overtime work required by the City. 2.4 Accepted Additional Services 2.4.1 Pre-schematic I Schematic Phase added scope": 2.4.1.1 Added City Council meeting 2.4.1.2 Downtown merchants meeting 2.4.1.3 Council member design review meeting 2.4.2 Expanded security system: 2.4.2.1 Provision of added security system components requested by the Owner. 2.4.3 Geothermal HV AC system: 2.4.3.1 Mechanical: Boring layout, mechanical design ofHV AC system for each zone of anticipated individual tenant space. 2.4.3.2 Electrical design of support systems, controls for each zone of anticipated individual tenant space HV AC equipment. 2.4.3.3 Architectural and Structural coordination of above components 2.4.4 Mixed use, Office area: 2.4.4.1 HV AC system design, plumbing and fire protection design, specifications. 2.4.4.2 Electrical systems design, lighting plan, electrical conduit! outlets plan(s), specifications 2.4.4.3 Architectural design of office and associated rooms, floor plans, reflected ceiling plans, interior elevations, fixture layout, sections, finish schedule, door-window schedule, details, specifications. 2.4.4.4 Structural design of slab on grade conditions, footings, floor plans, sections details. 2.4.4.5 Signage design, room ID, etc.. 2.4.5 Mixed use, Food service: 2.4.5.1 Design criteria for mechanical, plumbing, fire protection systems to design for built in capabilities to accommodate integration of future systems of food service use. 2.4.5.2 Design criteria for electrical systems to design for built in capabilities to accommodate integration of future systems of food service use. 2.4.5.3 Structural design of slab penetrations for future exhaust ducting system. Architectural, structural coordination between disciplines 2.4.6 Photovoltaic (PV) System Assessment: The City of South San Francisco is in the initial stages of evaluating solar photovoltaic (PV) energy opportunities at its Miller Street parking structure. The City's objectives are to: . Gain a preliminary understanding ofPV technologies and applications. Consulting Services Agreement between City of South San Francisco and Watry Design, Inc. - Exhibit A April 9, 2008 Page 8 of 11 -21- -22- April 9, 2008 Page 9 of 11 Consulting Services Agreement between City of South San Francisco and Watry Design, Inc. -Exhibit A 2.4.6.3 PV Architectural: 2.4.6.2 Bid Specification Development: Kenwood Energy will support Watry in the development ofa comprehensive bid specification that can be used as part of the bid documents. The specification will: · Define the objectives of the City · Describe the Scope of Work to be provided . Specify the PV System energy output criteria . Detail warranty and performance standards . Establish quality standards · Detail bid submittal, pre-construction submittal, and post construction submittal requirements · Specify material requirements . Detail installation standards · Define the requirements of the Data Acquisition System · Outline commissioning and start-up requirements 2.4.6.1 Evaluation ofPV Potential . Kick-off Meeting: Successful projects begin with development of a detailed work plan and schedule. A kick-off meeting will help to ensure that all expectations are clearly understood at the outset. The kick-off meeting is an effective way to finalize the scope of each of the following tasks, develop an implementation schedule, review expectations, and to obtain drawings and other materials that will be required to complete the project. . Site Assessment: Kenwood Energy will utilize plan documents to generate an estimate of the facility's future energy use, and will evaluate the area suited for PV installation. . Life Cycle Cost Analysis: Kenwood Energy will utilize its proprietary Photovoltaic Energy Production tool to assess the value of the energy produced by each system. The tool takes into account such factors as local solar radiation, system inclination and orientation angles, panel efficiency, inverter efficiency, the utility's electric rate, the facility energy use, and the effects of heat and dirt on PV system performance. We will then complete a life cycle analysis that accounts for installation costs, ongoing maintenance costs, energy cost inflation, PV panel output degradation, rebates, and discount rates. . Report: Kenwood Energy will complete a report that summarizes the findings. Following is the anticipated outline for the Report. Executive Summary Description of the PV options, and the advantages and disadvantages of each. Overview of Incentive Programs. - Financial Analysis results summary. Summary and recommendations. . Understand the economics of solar energy. . Understand the impact of solar energy on greenhouse gas emissions. . Obtain competitive proposals for the installation ofPV. . Meetings; programming; preparation of Design Criteria Document (DB). . Specifications . Development and documentation of details, added information to elevations, sections, enlarged elevations/ sections and floor plans . Coordination between disciplines and regulatory agencies. . Bid support . CA support . Project management 2.4.6.4 PV Structural: . Calculations, structural design of upgrade of building components to support the added gravity and lateral loads. Design of steel framing to support the PV arrays and its connection to building is provided by the Design Builder contractor. . Development and documentation of details, including embeds, etc. to accept connection of steel frame . Bid support . CA support PROPOSED FEE SCHEDULE Phase 101 Phase 102 Phase 103 Phase 104 Phase 105 Phase 106 Phase 300 Phase 301 Phase 302 Phase 400 Phase 500 Phase 501 Phase 600 Phase 601 Phase 999 Schematic Add Services Security Add Services Geothermal Loop Office Tenant Improvements Food Service Management for Add service Construction Documents finish PV Design PV Management Plan Check Bidding PV Bidding Construction Administration PV Const. Administration Reimbursables $5,200 $4,000 $16,000 $30,000 $13,500 $4,650 $592,705 $28,120 $1,372 $28,000 $34,000 $3,200 $289,000 $3,200 $48,285 $1,101,232 TOTAL PROPOSED SCHEDULE April 9, 2008 Page 10 of 11 Consulting Services Agreement between City of South San Francisco and Watry Design, Inc. - Exhibit A -23- April 9, 2008 Page 11 of 11 -24- Consulting Services Agreement between City of South San Francisco and Watry Design, Inc. - Exhibit A Fri 11/6/09 Wed 9/12/07 Tue 9/11/07 Wed 9/12/07 Tue 10/2/07 Wed 9/19/07 M:m 9/24/07 I HI Wed 9/26/07 Thu 9/27/07 Won 1 0/1/07 T ue 10/2/0 Tue 12, T ue 10/9/07 Wed 10/10/07 Fri 10/12/07 M:>n 10/15/07 Tue 12/4/07 Thu 12/13/07 Tue 12/11/07 Wed 12/12/07 Thu 12/13/07 Wed 12/12/07 Tue 11/27/07 ,......,.""".,.,......",.........-.,..,. Wed 11/28/07 Wed 12/12/07 Wed 4/9/08 Thu 7/17/08 Thu 1/17/08 Wed 7/2/08 Wed 7/9/08 Wed 7/16/08 Thu 7/17/08 Fri 8/29/08 Thu 8/7/08 Thu 8/14/08 Thu 8/21/08 ."..,-.-------..-.----.",-----. Thu 8/28/08 Fri 8/29/08 Wed 11/5/' M:>n 9/1/ Tue 9/9/08 Tue 9/23/08 Tue 10/7/08 Wed 10/15/08 Wed 11/5/08 FrI11/6/09 , Thu 11/6/08' Thu 11/5/09 Fri 11/6/09 Mon 9/10/07 Mon 9/10/07 M:>n 9/10/07 Wed 9/12/07 Thu 9/13/07 Thu 9/13/07 Thu 9/20/07 Thu 9/20/oi' Thu 9/27/07 Fri 9/28/07 Tue 10/2/07 Wed 10/3/07' Wed 10/3/07 Wed 10/10/07 Thu 10/11/07 Won 10/15/07 Tue 10/16/07 Wed 12/5/07, Wed 12/5/07 12/12/07 u 12/13/07 'e d 10/3/07 Wed 10/3/07 'ed 11/28/07 Thu 11/29/07 Thu 12/13/07 FrI12/14107 Fri 12/14/07 Thu 4/10/08 Thu 7/3/08 Thu 7/10/08 Thu 7/17/08 Fri 7/18/08 Fri 7/18/08 Fri Fri 8/15/' Fri 8/22/' Fri 8/29/08 Mon 9/1/08 Mon 9/1/08 Tue 9/9/08 Wed 9/17/08 Wed 10/1/08 Wed 10/15/08 Thu 10/16/08 Thu 11/6/08 Thu 11/6/08 Fri 11/7/08 Fri 11/6/09 lw 1 da 9.6 wks 1 day, 1 day: .~ . 1 wki 1 wki 1 day: 3wks ' 52.4wks 1 day 52wksJ 1 day i Construction Documents Phase .,-...-......,......".........."".--........---.........,--",-,............ Prepare ,15% Constriction Docurrents Prepare 90% Construction Docurrents City Review Prepare Final Ran Check Subnittal Subrrit for Ran Check City Plan Check First Review Res pond to conmen1s ... --.............,.".....,......"."... Second Review Res pond to conmen1s Issue Perrrit Bidding Phase ....-.. ,..-.,..,-...............---....--......... Contractors pick up draw ings Pre Bid rreeting Addendum 1 Addendum 2 Bids Due Award process Construction Notice to Proceed Cons truction ...................------....-.... Construction Corrpleil 40 day 1 d 10 days 17 wks wks 5w 12 w ks 1 wki lwk)i 1dal'l 6.2 wks i 3 wks) 1 wki 1 wkl Cit.yc:lf,~c:lutl1, Sall~ranc;isco,.,f'S Program Confirmation/KIckoff Phase Prepare Schedule ard work plan PMT Meeting Design Values Workshop Phase .,,,............ ........_-,...,..... In house design and lI1alysis of Options Prepare rrassing rendering ^.,.....,...,...."'..".,..,." ..... 3 perspective architectural renderings .... .--......."..."..,...--... Design Values Workshop ....-........"""'''''.-.,..--.--..,.,.,.,. Prepare Cos t Model PMT Meeting Design Phase I Downtown Subcommittee/Community Input ....".."..."""..............."."'..-.....--...........--""".."..... Prepare presentation materials 2 preferred options Cow ntow n Subcormittee,Corrmmity Input Meeting ...,-..,. ".." . ".. Update Cost Model .",.."...,.----.............,...----..-. PMT Meeting . "................-..--..-..-.....-..--........--.....,."..... Additional Conmmity Input Design Phase II-Redevelopment Agency Approval Prepare presentation materials ROA Meeting PMT Meeting Schematic Design Documents ............"..."..............--_........----.--"-..--..".....",,... .. Subconsultants Prepare Docurrents ..........---..,...--..----.-------........ Docurrents s ubrrilted to City Ciil're"~w o(c1oc::urrents Environmental Clearance 1 day 2clal's 1clal' 9wks' Sclays I .. 1 day I 2 days i iclaY; 36 days i 1.4wks' 5 days 1 day 2.8 wks ' 5 days' "-..-..'..."-.."''''r'....---.'...-..'''fc Start ! Finish C : i '---~-"'-'-"--"'--~ Task Narre 5 6 7 8 9 10 ! 11 '-'12--- 13 14 15 16 17 18 19 20 i---",-" 21 :'22" "--"2-3"'- 24 25 26 27 28 29 r--~3.-?:,-1 31 . 32 33 34 35 36 37 38 ""39-' 40 41 ~2 43 0b :-:;'1 C':~~""l......... 207532_1 o 1 10 EXHIBIT B INSURANCE CERTIFICATES 207532_1 1015182.1 Consulting Services Agreement between City of South San Francisco and Watry Design, Inc. - Exhibit B -25- April 9, 2008 Page 1 of 1 3. Resolution No. 115-2007 authorizing the acceptance of $5,000 in grant funding from the Edwards FaInily Fund to support the purchase of books for elelnentary school age children and an1ending the Library's 2007/2008 operating budget. 4. Resolution No. 116-2007 declaring intent to issue tax-exen1pt obligations to be used to reilnburse the City for expenditures prior to the issuance of such tax-exelnpt obligations, and authorizing the City Manager to sign lease documents related to lease/purchase of fire engines. 5. Resolution No. 117-2007 approving ground lease and license by and mnong the City of South San Francisco, the San Mateo County Harbor District, and the San Francisco Bay Water Transit Authority related to the construction and operation of the Oyster Point Ferry Terminal. 6. Resolution No. 118-2007 approving the Purchase of Real Property located at 314 Miller Avenue in South San Francisco by the Redevelopment Agency of the City of South San Francisco and adopting findings in connection therewith. 7. Motion to caI1cel the Regular Meeting of the City Council on December 26, 2007. 8. Proclamations Issued - Richard A. Garbarino Outgoing Mayor, December 4,2007 and Karyl M. Matsun10to, Italian American Citizens Club - 2007 Person of the Year, Decen1ber 8, 2007. Prior to the vote, COlll1sel Mattas noted that with respect to Consent Item No.6 pertaining to the purchase of 314 Miller Avenue, a typo in the Purchase and Sale Agreement identified the "Seller" of the property as Frances M. Penna. The actual "Sellers" ofth~ property are Edgar and Myda Trinidad. Counsel Mattas advised that the error would be corrected on the fmal version. Motion-Councihnan Addiego/Second-Councilman Garbarino: To approve the Consent Calendar. Unanilnously approved by voice vote. ADMINISTRATIVE BUSINESS 9. Adoption ofa Mitigated Negative Declaration Miller Avenue Parking Structure approve final design concept plans. Associate Planner Smalley introduced the Miller Avenue Parking Structure for two-part approval as to design and adoption of a Mitigated Negative Declaration. He proceeded to address the higWights of the Staff Report pertaining to the Mitigated Negative Declaration as follows: Staff prepared an initial study of environmental impacts and the result was preparation of a Mitigated Negative Declaration. All potentially affected impacts were mitigated to a less than significant level with standard mitigation measures. A notable mitigation measure is the development of a preservation plan for the 323 Miller Avenue Duplex, including either relocation or reuse of REGULAR CITY COUNCIL :MEETING DECEMBER 12, 2007 MINUTES PAGE 5 -26- the building ll1aterials. The comment period for the Mitigated Negative Declaration ended on December 5, 2007. No written comlnents were received. On December 5,2007 at the PImming counter located at City Hall AImex, 315 Maple Avenue, staff received verbal COlmnents frOlTI the owners of 321 Miller Avenue, an apartment building located directly adjacent to the proposed structure. The owners of 321 Miller Avenue expressed concern over side setback issues and the potential for vandalisln. Staff's position is that the inclusion of commercial space on the ground floor of the parking structure and video n10nitoring on the interior of the structure should assuage vandalism concen1S. With regard to proxilnity of the structure to adjacent properties, staff noted that downtown zoning encourages traditional development patterns, such as lot-line to lot-line, which is found in most downtovvns. This project cOlnplies with all applicable zoning regulations and development standards extant on the property. The proposed location of the property walls of the parking structure are designed to be 1 foot off property lines net of architectural features. A preliminary estimated project cost of $11 ,814,000.00 includes provision for a degree of interior tenant space outfitting and optional features. Michelle Wendler of Watry Design, Inc. presented Council with a Materials Board displaying the proposed building supplies. She then proceeded with a visual presentation to explain the Schematic Design Plan for the Miller Avenue Parking Structure as follows: Watry has been working on developing the Schematic Design to comply with Council's selection of Massing Option "B" and Architectural Style "Traditional." A site plan depicting the location of the proposed structure between Miller Avenue and Fourth Lane was displayed. A summation chart for the proposed structure indicating 254 parking spaces, including 7 accessible parking spaces was presented. The schematic landscape plan for the Miller Avenue Frontage proposes to extend the sidewalk out into the 8 foot zone for on-street parking which would widen the sidewalk in front of the commercial space. Street trees and accent planting would be installed. The Levell Parking Plan includes areas for commercial space designed to be flexible. A City Parking Office and restrooms are also included in the plan. The upper floor plans of the continuously ran1ping structure are all very similar and ramp up to the 5th Level, which is a partial level wrapping around back to Miller Avenue and completing circulation at the comer. The building elevations for all four sides were presented. The design contemplates a base to the building that is in pedestrian scale so that the cornice line is in scale with neighboring adj acent buildings. The current plan depicts part of the structure painted to look like brick. An alternative plan contemplates using brick for these portions of the structure. The use of brick would add an additional cost of $300,000.00 to the plan. REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 12, 2007 PAGE 6 -27- Councihnan Addiego asked Ms. Wendler to clarify the option of using real brick for the facade. Ms. Wendler explained that real brick could be added to the south facing elevation along Fourth Lane and it could also be placed along the east-west facade on the shear walls from the cornice line down. The one foot setback from the property lines to the base of the concrete provides enough space to apply brick. Ms. Wendler then presented scale views depicting the property from various angles. Mayor Gonzalez invited public comments at the close of Ms. Wendler's presentation. Mrs. Nancy Zammuto, Mr. Joseph Caron and M1'. H. Michael Pariani, co-owners of the apartment building located at 321 Miller Avenue, spoke in opposition to the Mitigated Negative Declaration and Design Plan for the Miller Avenue Parking Garage. Mrs. Zammuto stated that the City did not properly notify her of the project. She objected to the design and use of the space as a parking and conunercial structure and to its proposed 60 foot height. She noted that the proposed structure would block sunlight to five apartment luuts in her building at 321 Miller Avenue. Mrs. Zammuto further opined that the City Inisuses available parking and noted that during her December 7, 2007 visit to 11 of the 16 public parking lots within the City, she estiInated that 200/0 of the spaces were permissible for use by patrons of downtown merchants. Mrs. Zmnmuto further estimated that the parking structure would add a net of 115 parking spaces. She opined that coordinating the location of a new parking structure with installation of the Caltrain station at the current Borba Property on Airport Boulevard might be a more appropriate solution. She closed by offering her time to the City to assist with a conimon sense approach to .the redevelopment of downtown. Mr. Joseph Caron expressed concern that the structure would deteriorate the living envirorunent he and his co-owners have created for the tenants at 321 Miller Avenue. He opined that building a parking structure will exacerbate the havoc in Fourth Lane caused by the use permit granted to the Saint Vincent De Paul Society. He suggested not building the structure to exact property lines, providing off-street parking in the rear or creating space for vehicles to pass in Fourth Lane as solutions to what he perceived as design flaws. He further stated that the 60 foot wall proposed within 5 feet of321 Miller Avenue would cause tenants to use more electricity and was not consistent with green living standards. He expressed concern that the structure would foster road-rage incidents. He stated that alley dwellers may use the structure as a place to gather. Mr. Caron closed by noting the Council's fiduciary duty to address the concerns before going forward with the project and added that he looked forward to answers in writing. Mr. H. Michael Parim1i discussed the Mitigated Negative Declaration dated November 15, 2007. He questioned the ability of the proposed parking structure to meet the stated project objective of enhancing the economic viability of the downtown sector. He opined that the City's parking problem is caused by misuse of public parking lots. He stated that the repoli was hastily put together by cutting and pasting from previous reports and also failed to address the issue of commercial usage noise. :Mr. Pariani expressed his belief that the proposed left turn pocket on Miller Avenue does not fit. He REGULAR CITY COUNCIL MEETING DECEMBER 12, 2007 MINUTES PAGE 7 -28- nn1her suggested: 1) that the plan for a larger above ground structure resulted from the abandonment of plans to build parking levels below grade, and 2) that the entrance to the structure should be on the low side, which would bring the project down frOlTI 50 plus feet. He questioned the desirability of adding more commercial space to an area with a high vacancy rate. Councilman Addiego acknowledged the concerns expressed by the owners of 321 Miller Avenue and stated that he believed the apal11TIent units would remain desirable. He expressed his belief that the parking garage would assist in the creation of a more vibrallt and energetic downtown area. He requested clarification from the owners of 321 Miller as to whether sunlight to any of the apartment units would be blocked. Mrs. Zanunuto responded that sunlight to the five units on the uphill side of the building would be blocked by the 60 foot wall of the proposed stnlcture. She noted that presently the units receive sunlight in the afternoon. Mayor Pro Tem Matsumoto concurred with the comments of the owners of321 Miller Avenue. She echoed concenlS regarding setbacks and property lines and invoked the Giorgi Brothers Building as all example of her concerns. Associate Planner Smalley responded that lessons learned from the Giorgi Brothers Building were the design impetus for the proposed structure's interface with the street. Thus, the proposed stnlcture steps back significantly from the street and the commercial space is pushed forward. The Design Review Board also recommended Inoving the curb out and reclaiming some of the street. Mayor Pro Tem Matsumoto explained that Caltrain would be in control of park~ng at the proposed Caltrain facility at the current Borba Building location on Airport Boulevard. She then questioned how video monitoring in the garage would be paid for and requested identification of additional security measures planned for the structure, including whether access to the garage would be restricted at night. She also asked staff how the design addresses traffic issues in Fourth Lane. Assistant City Manager Van Duyn advised that the construction cost estiInate included installation of video surveillance capabilities, but monitoring costs were not included. He noted that the City's contemplated physical presence and the commercial space in the building were expected to put more eyes on Fourth Lane, which may deter malfeasance. The design also anticipates the ability to minimize access to the facility and react to security issues as needed. Regarding traffic issues in Fourth Lane, Associate Planner Smalley explained that the design does not include vehicular access to the garage from Fourth Lane, because the site distances are not adequate. He noted that the design does not solve the problem of Saint Vincent De Paul's patrons parking in the Lane, but it does not add to it. Mayor Pro Tem Matsumoto commented that she liked the design for the garage, but pointed out that several of its features add to the massiveness of the structure and commented that she did not care for the appearance of a round 0 bj ect visible atop the REGULAR CITY COUNCIL MEETING MINUTES DECE1v1BER 12,2007 PAGE 8 -29- structure. She stated that some of the plants identified in the landscape plan have a tendency to grow very large and should be reconsidered. Councihnan Mullin questioned whether the design conten1plated truck deliveries for the proposed cOlrunercial areas and inquired as to loading logistics. He further questioned whether ilnprovements to Fourth Lane had been considered as pmi of the overall project. (Recess 10:05 P.M. to 10:10 P.M.) (Cassette Tape No.2) Associate Planner Smalley responded that the space designated for loading was not fully progrrnnmed. He further noted that inlprovements to Foulih Lane were not contemplated in the design, but pedestrian improvenlents could be made to Fourth Lane. Ms. Wendler advised that the back side of the loading dock was designed to pemlit a smaller delivery vehicle to back up into the space. The delivery vehicles would COlne into the loading area off of Foulih Lane. Councilman Garbarino commented that he liked the design and noted that the parking structure will improve the downtown sector. He echoed Mayor Pro Tern Matsunloto' s concern that the cornices of the building add bulk and suggested that they be redesigned. Mayor Gonzalez echoed concerns that the conuce stnlcture made the building look larger. He questioned the actual number of floors the design contemplated. He also asked for clarification about the distance between the structure and property lines and whether the addition of bricks was ?lPpropriate given the distance between neighboring buildings. He further requested information about the width of the spaces in the parking lot and inquired as to notice issues pertaining to the Mitigated Negative Declaration. Associate Planner Smalley responded as follows: 1) the design complies with general plan requirements for height lnnits and setbacks and contemplates 4.5 levels; 2) the concrete for the shear walls is 1 foot from each side net of architectural features; 3) brick treatment on all of the buildings walls would be expected; and 4) the proposed parking spaces of 8.5 feet comply with minimrun zoning ordinance requirelnents. Councilman Addiego noted that the structure is necessary for the improvement of the downtown sector. He observed that there is no economy of scale in the surface lot, so a garage has to be built out of necessity. He explained that the concept of having more parking available would allow the City to fine tune parking throughout the sector. He apologized that the owners of 321 Miller did not receive notice. Mayor Pro Tern Matsumoto questioned who would be parking in the structure. Assistant City Manager VanDuyn responded that the garage would service three different customers: 1) metered spaces would serve the retail Grand Avenue patron base; 2) daily, flat fee parking would serve the business community; and 3) monthly or yearly permit parking would serve downtown employees. He noted that the distribution of parking spaces amongst public lots may change as a result of the parking structure. REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 12,2007 PAGE 9' -30- Mr. Pariani was recognized by Mayor Gonzalez and requested that use of CUlTent public parking spaces be revisited. He estilnated that about 200/0 of the parking stalls on public lots are for metered use and 30/0 are free parking. He also asked Council to consider whether building a structure with below grade parking spaces could be accOlnmodated. Counsel Mattas advised that the City used an appropriate outside service to identify addresses to provide notice regarding the Mitigated Negative Declaration. He explained, however, that there was an error with this service that prevented notice from reaching the owners of 321 Miller. Accordingly, he advised re-circulating the Mitigated Negative Declaration for the required public review period of20 days. Council could then consider adoption of the Mitigated Negative Declaration contemporaneous with presentation of final design plans. Mayor Gonzalez recognized Mr. Caron. Mr. Caron requested that the design be cadalievered to accommodate traffic in Fourth Lane. Motion-Coucihnan Addiego/Second-Councihnan Garbarino: to approve the design of the parking structure with direction to staff to consider, incorporate and bring Council the specific design revisions suggested by Council and direct staff to proceed with construction documents. The motion passed by the following roll call vote: AYES: Councilmen Addiego, Garbarino and Mullin and Mayor Gonzalez. NOES: Mayor Pro Tern Matsumoto. ABSTAIN: None. ABSENT: None. Mayor Gonzalez questioned whether it was possible to include space in the design to . facilitate trucks to pass in the alley as suggested by Mr. Caron. Ms. Wendler explained that it is not possible to incorporate a pull-out lane because the site is sloping aIld the parking structure is a continuously ramping building. COUNCIL COMMUNITY FORUM Councilman Addiego reported that the City Council Retreat is scheduled for Saturday, January 12, 2008. He requested that the order of items of business at Regular City Council meetings be agendized as a topic for consideration. ADJOURNMENT Being no further business, Mayor Gonzalez adjourned the meeting in honor of Doris Chives, Charles White and Claudia Melton at 10:50 p.m. / ( Approved: 'c:t:- 9~ ~~;A Pedro Gonzalez, 40r U City of South San Francisco Krista elli - Larson, . ------...-City of South San Francisco REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 12,2007 PAGE 10 -31- AGENDA CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY, APRIL 9, 2008 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 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 7:00 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the 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. PEDRO GONZALEZ Mayor MARK N. ADDIEGO Councilman KAR YL MATSUMOTO Mayor Pro Tern RICHARD A. GARBARINO Councilman KEVIN MULLIN Councilman RICHARD BATT AGUA City Treasurer KRIST A MAR TINELU -LARSO~ City Clerk BARRY M. NAGEL City Manager STEVEN T. MATT AS City Attorney PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT A V AlLABLE FOR USE BY THE HEARING IMP AIRED AT CITY COUNCIL MEETINGS CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS . Proclamation recognizing National Library Week presented by Mayor Gonzalez to Library Board Trustee Eleanor Breite. . Proclamation recognizing Climate Control Awareness Month presented by Mayor Gonzalez to Cristina Ugaitafa, Community Program Specialist, San Mateo County Health Department. . Your Carbon Footprint Presentation- presented by Rick Row, Executive Director, Sustainable Silicon Valley. AGENDA REVIEW PUBLIC COMMENTS ITEMS FROM COUNCIL . Am10uncements . Committee Reports CONSENT CALENDAR 1. Motion to approve the minutes of February 20, 2008, which were approved by the Planning Conunission on April 3, 2008, and the minutes of March 26,2008. 2. Motion to confinn expense claims of April 9, 2008. 3. Waive reading and adoption of an ordinance amending Chapter 6.78 of the South San Francisco Municipal Code to implement the Digital Infrastructure and Video Competition Act of 2006. 4. Motion to approve the final design of the Miller Avenue Parking Structure and authorizing the execution of a contract with Watry Design, Inc. for construction design of the Miller Avenue Parking Structure. 5. Resolution awarding the construction contract for the 2007-2008 Scrub/Slurry Seal Project (rebid) to the Valley Slurry Seal Company in the amount of$1,087,395.03. Project No. ST-08-1; Bid No. 2473. 6. Resolution approving the 249 East Grand Avenue Parcel Map (PM 05-0002); and authorizing the City Clerk to record the map and related documents; and accepting various easements. REGULAR CITY COUNCIL MEETING AGENDA APRIL 9, 2008 PAGE 2 7. Resolution authorizing the City Manager to execute a Memorandum of Understanding for Engineering Consulting Services for the Recycled Water Project and awarding a Consulting Services Agreement to Carollo Engineers in the amount of $173,200. 8. Resolution approving the installation of stop signs on Linden A venue at Aspen Avenue and California Avenue. 9. Resolution approving the Memorandum of Understanding between the International Union of Operating Engineers, Local 39 and the City of South San Francisco dated January 1,2008 through December 31, 2008. 10. Acknowledgement of proclamations issued: Kaiser Hospital honoring its 10 year involvement with Operation Open Access to provide free surgeries to patients in need; and Rhonda Ceccato of Sitike Counseling Center for more than 25 years of service in the Bay Area's non-profit sector specializing in substance abuse treatment. LEGISLATIVE BUSINESS 11. Consideration of and potential introduction of an Ordinance amending Title 2 of the South San Francisco Municipal Code regarding tenns and term limits for members of the City's Boards and Commissions. PUBLIC HEARING 12. Resolution consenting to the approval by the Redevelopment Agency of the City of South San Francisco of a lease with respect to 80 Chestnut Avenue by and between the Agency and the South San Francisco Historical Society. 13. Resolution authorizing submittal of the City's Five-Year Consolidated Plan and One- Year Action Plan and Statement of Objectives and Projected Use of Funds for the 2008- 2009 Fiscal Year and all required documents to the Department of Housing and Urban Development; and authorizing a budget transfer incorporating Community Development Block Grant ("CDBG") and Home Funds into the 2008-2009 Operating Budget; and authorizing the City Manager to execute all documents necessary to secure and award CDBG, Home Administrative and Redevelopment Funds for the City. ADJOURNMENT REGULAR CITY COUNCIL MEETING AGENDA APRIL 9, 2008 PAGE 3 Jrnrluruattnn CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA NATIONAL LIBRARY WEEK 2008 WHEREAS, our nation's public, academic, school, and special libraries make a difference in the lives of millions of Americans; and WHEREAS, libraries playa vital role in supporting the quality of life in their communities; and WHEREAS, librarians are trained professionals, helping people of all ages and backgrounds find and interpret the iriformati0l1 they need to live, learn and work in the 21st Century; and WHEREAS, libraries are part of the American Dream - places for opportunity, education, self-help and lifelong learning; and WHEREAS, libraries bring you a world of knowledge both in person and online, as well as personal service and assistance in finding what you need, when you need it; and WHEREAS, libraries are a key player in the national discourse on intellectual freedom, equity of access, and narrowing the "digital divide." NOW, THEREFORE, the City Council of the City of South San Francisco, does hereby proclaim April 13-19, 2008, as "NATIONAL LIBRARY WEEK" in South San Francisco. The Council encourages all residents to visit our libraries during National Library Week to take advantage of the wonderful resources available and to discover all the ways one can change one's world at the library. Pedro Gonzalez, Mayor Karyl Matsumoto, Mayor Pro Tem Mark N Addiego, Councilmember Richard A. Garbarino, Councilmember Kevin Mullin, Councilmember Dated: April 9, 2008 l~rorl~IIltatt(tn CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA CLIMATE CHANGE A U'ARENESS MONTH April 2008 WHEREAS, the week of April 7th through 13th has been designated as Public Health Week with the theme of "Climate Change: Our Health in the Balance "; and WHEREAS, medical scientists of the Intergovernmental Panel on Climate Change (IPCC) have reported that medical conditions known to be attributed to climate change include heat-related cardiovascular events, worsening of asthma and chronic pulmonary disease, outbreaks of vector borne and waterborne infectious diseases, injuries from extreme weather events and the mental problems that resultfrom catastrophic events; and WHEREAS, health service providers must be prepared to advise their vulnerable patients of the dangers they may face, and be ready to recognize and treat conditions that will develop when flooding, drought and/or heat bring increased cardiac stress, deterioration of air quality, or vector borne and waterborne infectious diseases; and WHEREAS, City and County elected officials and department heads, community- based organizations and leaders, schools, unions, and local businesses must continue to work together to develop and implement efforts to educate the public about the impact of climate change as well as provide them with the tools to reduce energy consumption ;and WHEREAS, the City of South San Francisco is working with the San Mateo County Health Department to plan activities in April to empower residents to decrease their carbon footprint; and WHEREAS, this City Council supports the development and implementation of initiatives and improvement of efforts aimed at implementing solutions to climate change and its impact on community health; NOW, THEREFORE, the City Council of the City of South San Francisco, does hereby proclaim April 2008 as "CLIMATE CHANGE AWARENESS MONTH" in South San Francisco. The City Council encourages all residents of our community to join in celebrating this special day. Pedro Gonzalez, Mayor Karyl Matsumoto, Mayor Pro Tem Mark N Addiego, Councilmember - Richard A. Garbarino, Councilmember Kevin Mullin, Councilmember Dated: April 9, 2008 AGENDA ITEM #1 ~'tl\ S,1# S o C"l >-- c;:; b 8 C'. \~ 4lIFOR~ MINUTES SPECIAL JOINT MEETING CITY COUNCIL AND PLANNING COMMISSION OF THE CITY OF SOUTH SAN FRANCISCO Meeting held at: MUNICIPAL SERVICES BUILDING CITY COUNCIL COMMUNITY ROOM 33 ARROYO DRIVE WEDNESDAY, FEBRUARY 20,2008 1. MEETING OF THE CITY COUNCIL CALLED TO ORDER: 6:30 p.m. MEETING OF THE PLANNING COMMISSION CALLED TO ORDER: 6:31 p.m. 2. CITY COUNCIL ROLL CALL: Present: Councilmen Addiego* , Garbarino and Mullin, Mayor Pro Tern Matsumoto and Mayor Gonzalez. Absent: None. *Councilman Addiego arrived at 6:35 p.m. PLANNING COMMISSION ROLL CALL: Present: Commissioners Moore* * , Oborne, Prouty, Sim and Zemke, Vice Chailman Teglia*** and Chairwoman Giusti. Absent: None. ** Commissioner Moore was present until 8:37 p.m. *** Vice Chairman Teglia arrived at 6:38 p.m. 3. Public Comments. None. 4. Discussion - Council and the Planning Commission will provide direction to staff on key issues relevant to a Zoning Ordinance Update. Chief Plmmer Kalkin introduced representatives of Dyett & Bhatia, a consulting firm hired to assist with the proposed Zoning Ordinance Update. She explained that the firm had prepared an issues and outline report for policy input. Upon completion of this phase, the Consultants and Planning Commission would begin a series of workshops to consider the technical details of the update. Consultant Vivian Kahn opened Dyett and Bhatia's presentation as follows: Purposes of proposed zoning update: Ms. Kahn explained that the zoning update is intended to bring the zoning code consistent with the General Plan. Additional purposes include: (1) ensuring that zoning meets state and federal law requirements; (2) creating a document that is easy for users to find their way through; and (3) developing a permitting process that provides balance between certainty and discretion. Tasks Completed: Ms. Kahn stated that Dyett & Bhatia had interviewed code users, conducted a field trip with staff, participated in a previous study session with Council and the Commission, performed a technical review of existing code and identified key issues and options relating to the proposed update. Basic Components: Ms. Kahn described the components of the update to include amendments to text and maps. Zoning text includes use regulations, development regulations, administrative provisions, land use classifications, and general temlS and definitions. Ms. Kahn explained that before moving to the next phase of preparing an annotated outline/skeleton of what the ordinance would eventually look like, the consulting team required specific input from Council and the Commission on the following issues: (1) preserving neighborhood character; (2) compatibility of infill residential development; (3) parking standards and regulations; (4) approaches to design quality goals; (5) design review thresholds; (6) regulation of non-conforming uses; and (7) re-thinking General Plan policies. Ms. Kahn then opened discussion relating to each of these topics. Ms. Kahn explained the topic of preservation of neighborhood character as an examination of what neighborhood character means to South San Francisco. She further noted that the discussion should focus on the specific neighborhoods and/or areas warranting preservation. She explained that during the interview process, the consulting team heard a lot about preserving SPECIAL JOINT CITY COUNCIL & PLANNING COMMISSION MEETING MINUTES FEBRUARY 20, 2008 PAGE 2 what makes certain neighborhoods special and addressing the "monster house" issue. Mayor Pro Tem Matsumoto cautioned that when defining neighborhood character, policy makers should take into consideration areas where infill is expected. For example, she noted that the Grand Boulevard Initiative might create a neighborhood within itself. Councilman Addiego opined that the consultants would need the City's policy makers to identify neighborhoods with unique characteristics worth saving. Plam1ing Commission Vice Chairman Teglia observed that the Commission had experienced difficulty administering the General Plan due to ad hoc planning. He noted that problems arise when home additions create parking difficulties. He cautioned the City's policy makers should consider past mistakes and pr~vent suc~ occurrences in the future. Mayor Gonzalez requested City Clerk Martinelli-Larson to read a letter from Mr. Mel Wolfe into the record. City Clerk Martinelli-Larson explained that resident Mel Wolfe submitted a letter for consideration as a public comment item on the Agenda. She proceeded to read Mr. Wolfe's letter, Attachment 1 hereto, which addressed concerns over additions to single family residences resulting in large homes that do not fit with neighborhood character, encroach upon properties of neighboring owners and negatively impact neighbors' ability to enjoy their properties. Councilman Addiego questioned whether the zoning update could address concerns over issues such as monster home additions popping up in the middle of blocks in an area like Brentwood. He noted that such additions might not have the same affect if located on a comer lot in Brentwood. Councilman Garbarino echoed these concerns pertaining to the Brentwood area. Vice Chairman Teglia noted concerns over m.onster homes related to a planning concept or term of art referred to as "mansionization." Councilman Mullin questioned whether the mansionization phenomenon observed in the City was the result of changes in the planning approval process. Chief Planner Kalkin responded that second story additions are and have always been handled by planning staff. Consultant Bhatia noted t~at as part of the update process, the consultants are considering volume metric standards on a neighborhood-specific basis. Commissioner Prouty observed that neighborhood character is easy to define in areas that were built as a unit, such as Brentwood and Avalon. He opined that monster home-type additions should come before the Planning Commission and suggested that such applicants be required to post a story pole describing the proposed renovations and their impact. He noted that roof-lines and garage style might be features capable of definition in certain neighborhoods. SPECIAL JOINT CITY COUNCIL & PLANNING COMMISSION MEETING MINUTES FEBRUARY 20, 2008 PAGE 3 Councilman Addiego opined that home height might not matter if the affected property backed up against a hillside. Vice Chairman Teglia stressed the importance of involving the Commission and Council in the neighborhood review process. He emphasized that Commissioners and Councilmembers know the history of the neighborhoods. Ms. Kahn then introduced the concept of compatibility of infill development for discussion. She framed the topic as a discussion pertaining to how ordinances should be changed to ensure that new development is compatible with the City's character and/or plans, including a discussion of standards sufficient to eliminate the need for discretionary review by staff or by the Commission. Planning Commissioner Zemke opined that standards are good, but noted the Commission needs discretion based upon the wide range of neighborhoods. Planning Commissioner Moore noted that what is considered mansionization in one neighborhood might not be in another. Mr. Bhatia stated that a standard based upon average height on the block would address this Issue. Planning Commissioner Sim opined that standards should address issues of backyard encroachment which is occurring on streets like Tipperary in Westborough. He further stated that policy makers should look to successfully planned cities for examples of effective ordinances and be open minded about history and traditions. Mr. Bhatia suggested that the City's policy makers and consultants participate in tours of the City's neighborhoods as well as neighborhoods in other Peninsula cities. Ms. Kahn then introduced the topic of rethinking parking standards and regulations. Vice Chairman Teglia noted that parking is the big issue for neighborhoods. Commissioner Prouty opined that parking regulations should be considered on a neighborhood by neighborhood basis. For example, tandem parking might work in Brentwood. Mayor Pro Tern Matsumoto noted that due to storage needs and space limitations, condominium residents generally do not use their garages for parking. She suggested that design regulations could include storage space requirements to alleviate these concerns. Councilman Garbarino suggested issuing one parking permit per household which would force people to utilize their driveways. Mayor Pro Tern Matsumoto noted that landscaping is a concern. She further observed waste water flowing to the bay is going to be a major issue. Ms. Kahn noted that zoning ordinances could specify the percentage of building areas that need SPECIAL JOINT CITY COUNCIL & PLANNING COMMISSION MEETING MINUTES FEBRUARY 20, 2008 PAGE 4 to be paved. Councilman Addiego stated that he followed some of the debate in San Francisco related to parking. He noted that the original intent was to build units with less parking in hopes that alternative transit modes would be utilized. However, a project with fewer parking spaces that is far from bus lines and/or BART is not desirable. Mr. Bhatia noted that in some specific neighborhood settings ensuring adequate parking is a priority, while in others flexibility may work. Ms. Kahn introduced the next concept as consideration of approaches for addressing design issues. She explained that the discussion would focus on development of an approach that would ensure design quality goals. Vice Chairman Teglia observed that the design guidelines established for the transit village were not adhered to. He questioned how other cities hold developers to standards. Ms. Kahn stated that clear guidelines coupled with strict enforcement should ensure adherence to design standards. Mayor Pro Tem Matsumoto strongly recommended guidelines so that expectations are set prior to design formulation. Commissioner Sim advocated better communication between the building permit processing staff and the planning department. He then asked the consultants if they were aware of cities that had effectuated a workable design code. Ms. Kahn responded that many different approaches exist and what works for one jurisdiction might not work for another. Mayor Pro Tem Matsumoto suggested that after a project hits a certain size, requiring a project manager may be necessary. Ms. Kahn explained that many jurisdictions have codified a project manager threshold requirement. She noted that in these jurisdictions, it is understood that the applicant pays the project manager's fees. Ms. Kahn introduced the next topic as a discussion of changes to design review thresholds. She explained that mechanisms such as expanding the notice area and increasing appeal periods could help ensure awareness. Vice Chairman Teglia opined that increased notification procedures would be beneficial. He noted however, that residents do not participate in neighborhood meetings because they are intimidated. He observed that a posted notification sign with an artist's rendering and poles exemplifying the project heights might be appropriate. Councilman Garbarino opined that signs on the property, similar to public works project SPECIAL JOINT CITY COUNCIL & PLANNING COMMISSION MEETING MINUTES FEBRUARY 20, 2008 PAGE 5 postings, might be a useful tool to increase public awareness of proposed projects. Commissioner Prouty and Mayor Pro Tern Matsumoto commented on the importance of drawing the line at public input. Mayor Pro Tern Matsumoto further expressed opposition to establishing mechanisms that would permit the public a veto power susceptible to use on a discriminatory basis. Mayor Gonzalez noted the problem of tenant apathy in responding to public notices. Ms. Kahn suggested that changes to design review thresholds only be considered with respect to certain applications that currently go to the Planning Commission. In exchange for expanded notice procedures, such projects might be more efficiently handled at the staff level than through Planning Commission review. Vice Chairman Teglia suggested that zoning regulations should be tight enough to allow reasonable building. Anything above or otherwise outside the threshold of reasonability would be appropriate for discretionary review. Ms. Kahn next discussed regulation of non-conforming situations. She observed that non- conforming uses vary and generally can't all be treated the same way. She advised that the consulting team would be seeking input on categories of non-conforming uses. Ms. Kahn then addressed the issue of rethinking General Plan policies. She noted that while changing the General Plan is not within the scope of the update, the City may decide it wants to amend the plan in the near future. She suggested amendments related to the following might be appropriate: 1) allowing more retail and mixed uses East of 101; and 2) permitting housing East of 101. Councilman Mullin questioned the format of upcoming workshops pertaining to the zoning code update. Ms. Kahn explained that the consulting team would come back to the Planning Commission to propose the modules. After receipt of the Planning Commission's feedback, the consultants would meet with staff and begin to draft the proposed zoning code modifications. Once a draft is created, it would be brought before Council. Vice Chairman Teglia questioned whether an outline ofthe modules would be presented. Ms. Kahn advised that the next step would be an annotated outline of proposed modifications to the code. City Manager Nagel suggested that the proposed study sessions consisting of neighborhood tours both within the City and throughout the Peninsula take place soon. Council, the Commission and the consulting team agreed. Recess: 8:37 p.m. SPECIAL JOINT CITY COUNCIL & PLANNING COMMISSION MEETING MINUTES FEBRUARY 20, 2008 PAGE 6 Meeting resumed: 8:47 p.m. 5. Presentation - Report on the status of The Biotechnology Cluster in South San Francisco. Assistant City Manager Van Duyn introduced Mr. Peter Pellerito of PMP Public Affairs Consulting. He explained that Mr. Pellerito would provide an update on Life Sciences activity in South San Francisco. Mr. Pellerito advised that he began assisting South San Francisco in 1995 with its very first look at the Biotechnology Cluster in the City. He further noted that through the years he had continued to provide consulting services to the City on the subject of what has now become the Life Sciences Industry. Mr. Pellerito explained that to prepare the present update, he gathered information from a variety of sources including surveys sent to companies, meetings with company representatives and industry repmis. He then presented his update as follows: Mr. Pellerito advised that 50% of South San Francisco's leading employer jobs come from the Life Sciences Industry. He opined that the City is the leading Life Sciences Industry location in the County; and further opined that the future of the Industry in the City looked promising based upon the number of South San Francisco Companies with phase 1 and phase 2 FDA trials in the pipeline. Mr. Pellerito further noted that over time, the industry's growth curve in the City had been steady, growing from 22 companies in 1995 to 68 companies in 2007. He observed that the industry has both direct and indirect economic impacts on the City, County and State. Mr. Pellerito explained that the companies presently located in South San Francisco identified the following as competitive advantages: (1) access to universities; (2) close proximity to the San Francisco International Airport; (3) the presence of industry leaders Genentech and Amgen; (4) good working relationships with City Administration; and (5) the establishment of mixed-use housing developments near Caltrain and BART stations. Mr. Pellerito identified the competitive challenges ascertained in the study as follows: (1) small and medium sized companies perceive diminishing affordable space for research and testing in the East of 101 region; (2) traffic congestion; (3) high cost oflocal housing; (4) diminishing flexible space for small companies; and (5) lack of harmonization amongst San Mateo County cities with respect to public policy support for attraction and retention of companies in the industry. Mr. Pellerito specified the following 5 recommendations for the City to consider concerning the industry: (1) initiate a local industry advisory committee comprised of CEOs and key policy makers; (2) create a marketing and promotion function that would re-double efforts to actively promote awareness of incumbent companies and city services to support them, including marketing the "94080" theme; (3) encourage placement of a DC extension service facility in the East of 101 area; (4) encourage companies with international linkages to locate in South San Francisco; and (5) continue the focus on workforce housing affordability and increased access to modes of transportation. Mr. Pellerito also encouraged the City to identify new bioscience-related technology SPECIAL JOINT CITY COUNCIL & PLANNING COMMISSION MEETING MINUTES FEBRUARY 20, 2008 PAGE 7 platforms to drive industry growth in the area, including Bioinformatics, contract research and manufacturing and Nanotechnologies. Mr. Pellerito then concluded his presentation with the following summary recommendations: (1) keep what you have and grow it; (2) balance industry needs with community priorities; (3) be active partners with incumbent companies; and (4) seek new sectors and companies. Councilman Mullin questioned the methods used by other cities, including San Francisco, to lure Life Sciences companies away from South San Francisco. Mr. Pellerito explained that the Life Sciences companies presently in South San Francisco want to remain because ofthe energy created by the East of 101 cluster. He emphasized reinforcing relationships with existing companies both through communication and awareness of the partnership as strategies for retaining current companies. He opined that companies generally are not seeking special considerations and/or tax incentives, but are looking for predictability and consistency. Councilman Mullin requested clarification of the impact of the lack of a coordinated County effort to attract and retain companies in the industry. Mr. Pellerito responded that the clustering phenomenon is a concept fairly unique to the technology industry. He noted that while South San Francisco is clearly the leader in the area, the international life sciences community may want to see a more broad regional focus on the industry, such as the research triangle park in North Carolina, which incorporates three cities in the region. Councilman Mullin referenced his interest in developing partnerships among the South San Francisco School District, the City Council, the County, the Blue Ribbon Taskforce on the Workforce and the Workforce Investment Board to address workforce and associated issues, including housing. Mr. Pellerito responded that work force development is critical. He noted the Blue Ribbon Panel will not be so much involved in developing PhD related jobs, but, rather would focus on manufacturing and QAQC related positions in Life Sciences companies. He further opined that there is a commitment by incumbent South San Francisco companies to stay in the state, even where manufacturing is concerned. Mayor Pro Tern Matsumoto noted the past difficulty of creating and scheduling a CEO forum with local companies. She recounted Council's efforts to meet with the leadership oflocal companies to determine how the entities could work together. Mr. Pellerito recommended that Council take a broad approach to meetihg with company leadership and reach out beyond the CEO level. He further encouraged identification of topics relevant to both the City and the companies, including housing and transportation. Mr. Pellerito further opined that a County-wide marketing effort discussion would also be attractive to executives. Mayor Pro Tern Matsumoto questioned whether the cost of living would drive companies to SPECIAL JOINT CITY COUNCIL & PLANNING COMMISSION MEETING MINUTES FEBRUARY 20, 2008 PAGE 8 other regions. Mr. Pellerito responded that spectacular science is the biggest draw when companies are determining where to locate. He noted that inter-CEO communication is the best marketing tool. Vice Chairman Teglia observed that Mr. Pellerito's presentation did not touch on planning- related aspects. He questioned whether fledging companies had room to expand and occupy more space in the East of 101 area. He opined that marketing efforts might be encumbered by space limitations. Vice Chairman Teglia further noted the significance of workforce housing and stated that restaurants and retail should be brought in to encourage East of 101 employees to spend their money in South San Francisco. Due to the number of out of town residents employed by South San Francisco Life Sciences companies, he questioned the economic impact assumptions Mr. Pellerito reported. Mr. Pellerito opined that about 10% of East of 101 employees live and work in South San Francisco. He further noted that the City reaps economic benefits from a number of taxes related to the industry. He commented that enhancing amenities in the East of 101 area would be a good idea, but opined that establishment of housing in the area would require a patient resident. Vice Chairman Teglia observed that the East of 101 area offers a wonderful point out on the bay for campus housing. He further commented that the area was designed to be quiet at night. He emphasized the need for economic impact studies to facilitate the Citi s ability to nurture the asset it has in the Life Sciences cluster while securing the best future for the community. Mayor Gonzalez commented on the significance of retention and marketing. He suggested annual and/or semiannual meetings with company executives to facilitate better awareness of mutual goals. He commented that a university extension in the area would benefit marketing efforts. Commissioner Prouty observed that space would open up ifthe City began requiring multi-story parking structures. He opined that the City had made substantial progress in terms of creating housing solutions. Mr. Pellerito reported that industry representatives acknowledge that the City has made strides in meeting housing needs. Mayor Pro Tem Matsumoto questioned whether Mr. Pellerito believed the Life Sciences companies would be willing to help alleviate the funding shortfall related to the ferry service. Mr. Pellerito opined that the companies may be interested given that an East of 101 company suggested the idea of establishing ferry service at Oyster Point. He expressed interest in assisting City leadership to engage companies in this conversation. Vice Chairman Teglia opined that the time might be ripe to engage the companies in a discussion regarding TDM requirements. SPECIAL JOINT CITY COUNCIL & PLANNING COMMISSION MEETING MINUTES FEBRUARY 20, 2008 PAGE 9 6. ADJOURNMENT OF PLANNING COMMISSION MEETING: Being no further business, Chairwoman Giusti adjourned the meeting at 9:49 p.m. ADJOURNMENT OF CITY COUNCIL MEETING: Being no further business, Mayor Gonzalez adjourned the meeting at 9:49 p.m. Approved: Pedro Gonzalez, Mayor City of South San Francisco /' :. )U'U;r~~(,ytj Mary Giusti, Chairwoman Planning Commission City of South San Francisco SPECIAL JOINT CITY COUNCIL & PLANNING COMMISSION MEETING MINUTES FEBRUARY 20,2008 PAGE 10 ATTACHMENT 1 Feb. 16,2008 Ref. concerns to: Planning Dept. Policy of approving additions to single family homes and zoning changes. SSF is a very nice city of many single family homes. Nice big lots and neat three and four bedroom homes. Clean and safe looking neighborhoods. One won't see a lot of iron gates on the doors or windows and houses jammed together like in S.F. You won't see streets full of cars that look like they don't belong there, maybe because of too many renters. All of the South San Francisco City services are the very best. They all work in the best interest of their City, for the present and for the future. Now to the point of this letter. Additions, the damaging effects to their Neighbors and the City. A single family homeowner will have put a lot of thought into it before they bought in this City. Thoughts about the house, the lot that it is built on, schools, good neighbors, parking and transportation, future value appreciation. The appearance of the surrounding houses is so important. So many things to consider. A big investment in a good way of life and the future potential value of their new home. Neighbors that can be friends is important. With all these thought's and good planning it all can be shot down by one happening after buying. The neighbor gets a building permit and adds on, maybe a second story and that is the worst thing to happen. Really a nightmare for the neighbors on both sides of the house getting the permit. Think about this, would you want a monster house or a two story addition built on to the house next door to your house? Maybe the good views of San Bruno Mountain or the Bay or even the well kept backyards of their neighbors is gone. The sunny backyards could be gone most of the day because of the addition. Backyards could be flooded during rainy seasons because of the additions. No more friendly neighbors. The American dream can be canceled out by these additions. Quality of life and the lost value of their homes are the results of the few next door neighbors that are allowed to make outside two story additions to their already adequate single family home. Maybe additions could be limited to only the first floor in order not to block out views and the sunlight that the neighbors had bought into and had grown accustom to when they bought their home. Yards should remain sunny and bright the way that the expectations were when they bought their home. Open land doesn't have to be built on like they did in SF. Backyards are nice. They don't have to be built on and cemented over. If someone doesn't like the size of the house that they bought and want to add on then they should go some place else for their dream house and let their neighbors keep their dream home. At least keep the addition to the first floor. This will help keep some of the desirable original architect intact. It will suit most neighbors but probably not the owners that want to add on. Maybe it is for a rental unit. Owners applying for a permit should remember that this is a compromise to help them get a permit in a single family home for single story addition. Considerations should always be giving to the other neighbors during a permit addition application. They all bought what they were shown at the time. A nice single family home in a nice neighborhood. Plenty of parking on the street. Renters with old or even not running cars could make SSF look like another S.F. Maybe some did want bigger and better houses but couldn't afford it. This is not a good reason for the Planning Dept. to give them a permit for an eyesore annoying addition. Many additions do spoil the quality of life for their neighbors. Wouldn't you want to try to help others that might have this worry? Wouldn't you want to save the quality of life for the future Single Family Homeowner in SSF? I would. Sincerely, Mel Wolfe 3 72 Avalon Drive SSF CA 94080 - .()\)1~'!S~.lV FA>' So ......... 'Jo~ '" ... <;;. I". _,~ 8 C4lIFOl\"\~ ~ MINUTES DRAFT CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIP AL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY, MARCH 26, 2008 CALL TO ORDER TIME: 7:31 p.m. ROLL CALL: Present: Councilmen Addiego, Garbarino and Mullin, Mayor Pro Tern Matsumoto and Mayor Gonzalez. Absent: None. PLEDGE OF ALLEGIANCE: Led by Mayor Gonzalez. INVOCATION: Pastor John Cantley, Grace Covenant Church. PRESENTATIONS . Cancer Awareness Fundraiser: "Team South City Cares presents GO PURPLE!"- presented by Jennifer Obina, South San Francisco High School Senior. South San Francisco High School Senior Jennifer Obina appeared to promote a Cancer Awareness fundraiser and related events, including GO PURPLE and the American Cancer Society's relay for life. Ms. Obina explained that a lunchtime GO PURPLE event would take place at South San Francisco High School on April 1 0, 2008 and Council and residents were encouraged to wear purple on the same day. Relay for Life would take place on April 11 & 12, 2008 at Stanford University and would be a 24 hour relay beginning at dusk on the 11th. Ms. Obina encouraged anyone wishing to participate in GO PURPLE to send pictures to southcitvcares@gmail.com. Donations relating to the Relay for Life event could be made at www.cancer.org. AGENDA REVIEW None. PUBLIC COMMENTS None. ITEMS FROM COUNCIL . Announcements . Committee Reports Councilmembers reported on attendance at community meetings and events and announced upcoming programs, including a presentation on Global Warming by Dr. Andrew Gunther that would take place on Monday, April 28, 2008 from 6-7 :30 pm in the Community Room of the Municipal Services Building. Council further spoke regarding public improvements, including a possible loan art piece from Tangle Toys, and noted staff efforts, including the Fire Department's work to assist a resident on Tyrone Ct. Specific items for further action and/or consideration were set forth as follows: Councilman Mullin reported that the CCAG Legislative Committee, which he sits on, took formal action opposing Proposition 98 and supporting Proposition 99 appearing on the June 8, 2008 ballot. He further reported on a meeting he had with PG&E executives regarding the Westborough power grid, which had experienced frequent outages. He planned to participate in two meetings a year with the representatives. Finally, he warned that if the County Board of Supervisors' position on the Cow Palace comes to fruition, the City may lose TOT revenue based upon decreased occupancy in South San Francisco Hotels. Councilman Garbarino sought and received Council's consensus to agendize a discussion related to reducing Board and Commission term limits to permit a total of 12 years of consecutive service as opposed to the current 16 year limit applicable to most Boards and Commissions. Mayor Pro Tem Matsumoto reported on a proposal relating to mandates that cities clean certain water that ultimately flows into the bay. She noted that state legislators need to be brought in to address funding issues related to the proposal. She further requested a semi-annual report on the City's sustainability efforts and programs. Mayor Gonzalez reported that members of the Styrofoam Industry wish to address Council prior to the time a Styrofoam Ordinance is adopted. . Discussion and decision on whether to join in Mayors' letter against illegal guns. Mayor Gonzalez explained that the Council had been invited to join a letter by the Mayor's Coalition Against Illegal Guns. The letter aimed to bring national attention to the issues of illegal guns and gun violence and focused on crime control as opposed to gun control. Council determined to join the letter. . Consideration of Sub-committee recommendation to close the Farmer's Market for the 2008 Season. Assistant to the City Manager Kennedy explained that since Council's direction in January, staff and the Farmer's Market Subcommittee had been considering options for relocating the Farmer's Market for the 2008 Season. Due to various issues, including site -related rental costs, the subcommittee recommended closing the Farmer's Market for the 2008 Season while keeping discussions of options and alternatives relating to the 2009 Season active. She then deferred to the Subcommittee members, Councilman Garbarino and Mayor Pro Tem Matsumoto for additional comments. Mayor Pro Tem Matsumoto noted that the decision to pursue a new location was necessitated by dwindling attendance. She recommended continuing to pursue the option of working with REGULAR CITY COUNCIL MEETING MARCH 26, 2008 MINUTES PAGE 2 the South San Francisco Unified School District to obtain use of one of the High School or Elementary School sites in the City for the 2009 Season. Councilman Garbarino reported that the Subcommittee would continue to pursue options for the 2009 Season, including approaching the School District. Councilman Addiego thanked Mayor Pro Tern Matsumoto for bringing the Farmer's Market concept to the Council several years ago. He noted that by attending the Farmer's Market, he became reacquainted with residents. He encouraged the Subcommittee to continue pursuing options for the 2009 Season and to refrain from permitting a modest site-related rental fee to discourage pursuit of a promising location such as the BART Plaza. Motion- Mayor Pro Tern Matsumoto/Second-Councilman Garbarino: to close the South San Francisco Farmer's Market for the 2008 Season and continue pursuing options for the 2009 Season. Unanimously approved by voice vote. CONSENT CALENDAR 1. Motion to approve the minutes of March 12, 2008. 2. Motion to confirm expense claims of March 26,2008 in the amount of $1,723,607.42. 3. Motion to accept the 130/148 Beacon Street Trench Repair Project as complete in accordance with plans and specifications. Item pulled from Consent Calendar by Councilman Mullin. 4. Resolution No. 31-2008 authorizing the acceptance of$120,401.00 from the State under the Supplemental Law Enforcement Services Fund (SLESF) Program and amending the Police Department's fiscal year 200712008 Operating Budget. 5. Resolution No. 32-2008 updating designation of positions and applicable disclosure categories for the City of South San Francisco. 6. Resolution No. 33-2008 opposing state legislation to permit the towing of triple tractor trailers on state highways in California. Motion- Councilman Garbarino/Second- Mayor Pro Tern Matsumoto: To approve Consent Calendar Items No.1, 2 and 4-6. Unanimously approved by voice vote. Item No.3: Councilman Mullin questioned why the City was required to fund an additional $444,000.00 relating to the cost of backfill on the trench. City Attorney Mattas advised that the City's additional contribution was agreed upon as a result oflitigation and mediation related to the project predating Councilman Mullin's installation to the Council. Motion- Councilman Mullin/Second- Councilman Addiego: to approve Consent Calendar Item No.3. Unanimously approved by voice vote. REGULAR CITY COUNCIL MEETING MINUTES MARCH 26, 2008 PAGE 3 PUBLIC HEARING 7. Richard Avelar & Associates/Applicant Petroni Jr., Robert P & M F/Owner Moonlight & Sunrise Ct. P08-0007: PUDM08-0001 & DR08-0004 Modification of Planned Unit Development and Design Review allowing the replacement of the exterior siding with different material than originally approved for 45 dwellings, situated on Moonlight and Sunrise Courts, in the Medium Density Residential (R-2-H-P) Zoning District, in accordance with SSFMC Chapters 20.18, 20.78 & 20.85. Public Hearing opened: 8:33 p.m. Senior Planner Carlson explained that this item, which had been reviewed by both the Design Review Board and the Planning Commission, was before Council because it proposed a modification to a unit development approved by the City Council in 1988. Although construction was completed in 1995, the exterior siding failed and litigation ensued. As part of the lawsuit, the applicants and property owners were seeking to replace the original exterior siding. Sr. Planner Carlson stated that the replacement product would perform better, but would impact the overall development by producing a slightly different look and/or feel. He further noted that the Home Owners' Association ("HOA") and its legal representative assured him that the building presently painted a different color would be painted to match the majority of buildings. Finally, he advised that the Architect and the President of the HOA were present to answer Council's questions, if any. Mayor Gonzalez recognized Joe Garcia, the Architect on the project, who had submitted a request to address Council. Mr. Garcia encouraged Council's approval of the project. He noted that the improvements were the result of litigation and were necessary to address water intrusion problems plaguing the units. He further stated that the replacement product had a 50 year warranty. Mr. Garcia opined that once the units with the new siding were painted, the development would regain its uniform look. Public Hearing closed: 8:38 p.m. Councilman Addiego questioned the number of homeowners participating in the project. Mayor Gonzalez also raised this question. Sr. Planner Carlson explained that half of the 38 homeowners participated in the litigation and 7 were willing to replace the siding at this time. Accordingly, staff recommended a condition of approval that would require any other homeowner who wanted to replace siding to use a profile similar to that proposed for this project. Councilman Garbarino pointed out that the photos of the development showed unfavorable attempts at temporary repairs, including critical joints held together with L brackets and deteriorating balconies. REGULAR CITY COUNCIL MEETING MINUTES MARCH 26, 2008 PAGE 4 Sf. Planner Carlson agreed that the units must be brought to sound condition. He further noted that as a result of anticipated changes to building requirements, the balconies on the units may no longer be necessary. Mayor Gonzalez questioned the extent of proposed repairs. Sf. Planner Carlson responded that in some cases, and depending on the extent of dry rot, walls would be removed to perform the repairs. Motion- Mayor Pro Tern Matsumoto/Second- Councilman Garbarino to approve Resolution No. 34-2008. Unanimously approved by voice vote. ADMINISTRATIVE BUSINESS 8. Consideration of a Resolution No. 35-2008 making findings and adopting a Mitigated Negative Declaration for the Miller Avenue Parking Structure Project. Associate Planner Smalley presented the staff report on the Mitigated Negative Declaration ("MND") for the Miller Avenue Parking Structure Project. He explained that the initial MND was first presented to Council on December 12,2007. Due to a database error, an adjacent property owner did not receive the required notice for the project. Accordingly, staff repaired the database error and re-circulated the MND. After receipt of January 8,2008 comments from the adjacent property owners at 321 Miller Avenue, the MND was revised and re-circulated. The comment period for the re-circulated MND ran from February 5, 2008 through February 25,2008. He advised that on February 25t\ the owners of the 321 Miller Avenue Apartment Structure submitted written comments relating to the aesthetic impact of the project and traffic circulation concerns. Associate Planner Smalley further reported that staff prepared a written response to the February 25th comments and noted that both the comments and the Planning Department's response were attached to the staff report. He summarized and addressed the comments as follows: Associate Planner Smalley explained that the primary aesthetic comments raised concerns over views and shading. Regarding views, he commented that courts generally find obstruction of a few private views to be less than a significant impact. He further stated that current circumstances are such that any potential views are largely obscured by existing structures, and thus, would not be impacted by the project. Regarding shading, he noted that existing conditions are such that first floor windows are already shaded by the 6 foot tall solid wood fence on the property line. He stated that the West- facing second floor windows would be subject to increased shading due to the height of the proposed structure. He noted that the Design Review Board recommended the 4.5 story proposed height, which complies with the General Plan's policies for the Downtown. Associate Planner Smalley next reported that the comments received from the owners of the 321 Miller Apartment Structure Complex further suggested partial undergrounding of the structure and an increased set back from the east property line in order to address aesthetic concerns. Staff concluded that even substantial set back and undergrounding modifications would yield insignificant improvements. Additionally, as a result of such modifications, the project would lose economic efficiencies and the proposed REGULAR CITY COUNCIL MEETING MINUTES MARCH 26, 2008 PAGE 5 commercial space and green features incorporated in the design. Undergrounding would further cause vehicular access point complications due to traffic circulation requirements. Regarding traffic concerns raised in the comments, Associate Planner Smalley explained that the comments challenged the analysis prepared for the project concerning the vehicular circulation characteristics of Fourth Lane. He noted that the structure would likely reduce vehicle traffic on Fourth Lane because entrances and exits to current parking lots adjacent to the lane would be eliminated. Associate Planner Smalley opined that the proposed project would provide significant benefits to the City, eliminate an underutilized lot, increase parking space, increase parking revenue and tax revenues and allow consideration of intensive uses in the Downtown. He concluded that the project would have no significant impacts and recommended that Council adopt the Resolution. City Attorney Mattas explained that present consideration of the MND for the parking structure project was not a public hearing but advised that Council could entertain comments relating to the agenda item. Sherri Boismenu, District Manager for Starbucks Coffee Company, appeared before Council to encourage support for the proposed parking structure. She stated that as a merchant and proud member of the Grand Avenue Business Community, Starbucks believed the structure was a much needed improvement that would stimulate commerce along Grand A venue and provide convenient parking for patrons. Peter Daniel of the Hannig Law Firm and Attorney for the owners of the 321 Miller Apartment Complex appeared on his client's behalf to request that the MND not be approved. He stated that CEQUA decisions must be made on actual facts and reasonable assumptions not on speculation or conclusion. He further commented that the 4.5 story structure looming one foot offhis client's property line would cause certain tenants to lose any and all sunlight during the day. He acknowledged that a shadow study was done after the December 1 ih hearing, but opined that it should have been done before Council approved design schematics. He referred to Exhibit B of the MND, and stated that it shows sunlight to certain units at 321 Miller Avenue would be reduced from 6 hours 10 minutes to 35 minutes per day during the summer solstice and from 2 hours 50 minutes to 30 minutes per day during winter. He further commented that any and all views would be eliminated. Mr. Daniel next commented on staffs position that property set back and structural ramp adjustments respectively were not feasible modifications. He opined that an analysis and report relating to these proposed modifications should be performed by the designer in order for Council to make a decision. He further commented that despite some of the modifications made, his clients were still concerned about a bottleneck in Fourth Lane as a result of the project. Accordingly, he requested some sort of control over delivery trucks to keep the Fourth Lane side of the structure clear of traffic bottlenecks. He further opined that a traffic study of Fourth Lane was needed. Mr. Daniel next commented on a series of notice problems related to the project, which began with his clients not receiving notice of design meetings. He opined that anytime there is a problem with notice the public is less likely to be involved in the process. He concluded by opining that the significant environmental impacts of the project should be mitigated. REGULAR CITY COUNCIL MEETING MINUTES MARCH 26, 2008 PAGE 6 Nancy Zammuto, a co-owner of the 321 Miller Apartment Complex appeared before Council to oppose approval of the MND. She read the letter attached hereto as Attachment 1 which made the following points: The proposed structure would only net a gain of an additional 149 parking spaces while adding 13,700 square feet of commercial space on the ground floor creating a net loss of parking. Ms. Zammuto further stated that traffic consultants had not addressed traffic flow issues related to placement of the structure and opined that customers would still go around the block hoping to find metered parking on Grand Avenue. She further stated that the structure could be a barrier to future high density housing development. She opined that current parking in the Downtown District was not properly utilized. She noted that the original Downtown Parking District from the 1950s was still in existence; and further, that pursuant to such regulations, downtown merchants are responsible for deficiencies for parking improvements. She concluded that correspondence to the public regarding the MND had been poor and recommended an economic feasibility study of the project. She volunteered her services to the City for its future and betterment. Mike Pariani a co-owner of the Apartment Complex located at 321 Miller Avenue appeared to request that the MND not be approved. He commented that when he was first made aware of parking structure he was appalled at both the size of the project and the related process. He noted that he was born and raised in South San Francisco and cares about what happens to the City. He stated that he recently spoke with a member of the Historical Society who was disappointed with the plan to raise the historical house located adjacent to the 321 Miller Apartment Complex, which was one of the original boarding houses that housed men from the steel mills and stock yards. He further questioned whether the Planning Commission and Council had considered rezoning the Downtown area to encourage mixed use residential structures to increase revenue for the City. He opined that such zoning would yield built-in customers within walking distance of the Downtown District. He further opined that workers in the Biotech industry would be attracted to live in South San Francisco if it had a more convenient Downtown area. He encouraged the public to be involved in local politics and to write or e-mail Council with their opinions. James Leung, an accountant at 235 Grand Avenue appeared to encourage support for the parking structure project. He opined that the structure was necessary in order for businesses to thrive in South San Francisco and to reduce the time patrons spend circling around the block. He noted that any problems that might have occurred as a result of the structure will have been mitigated. He further opined that the rendering of the proposed parking structure indicates that the structure would improve the aesthetic look of the Downtown. Resident Christine Rezendez, a tenant of the Apartment Complex located at 321 Miller Avenue opposed approval of the MND. She noted that current surface parking lots in her neighborhood were not always full and/or were often underutilized. She opined that the proposed parking structure would not change this condition, because Downtown patrons would continue to drive around Grand Avenue in search of more convenient parking. She further observed that some of the Downtown Merchants she had talked with were under the mistaken impression that Genentech was covering the costs of the parking structure. She opined that the structure would not bring any revenue to the City and would cost the City in the long run. She further opined that the proposed structure would be used as a shelter by the homeless and increase problems of REGULAR CITY COUNCIL MEETING MINUTES MARCH 26, 2008 PAGE 7 vandalism in the area. She expressed sympathy for her neighbors on the West side of the Apartment Complex who would look out their windows and see the parking structure and lose sunlight during the day. Ken Qui, a Downtown businessman, appeared to encourage support for the parking structure. He opined that the project would benefit business owners and had great potential to increase South San Francisco's prestige. He opined that the structure would help to encourage people who live in the City to dine and shop in the Downtown area. He stated that without the facility, new restaurants would not be attracted to the Downtown District. He commented that the structure would not only benefit our generation but generations to come. In response to a question from Mayor Pro Tern Matsumoto, he further commented that he would be willing to consider a fair assessment on business owners in the Downtown District to assist with funding the structure. City Attorney Mattas advised that the item then presently before Council related to the MND. Accordingly, public comments related to design were beyond the scope of Council's consideration at the time. He suggested that such comments would be better addressed to the Redevelopment Agency. Resident Donna Torres explained that she has been a South San Francisco resident for 27 years and recently moved to Miller Avenue. She noted concerns pertaining to traffic and related accidents in the area. While she wasn't certain of her opinion with respect to the parking structure, she opined that the traffic issue and the problems of homeless loitering in the Downtown area needed to be examined. Resident Pam Marsh explained that she has lived on Miller Avenue for the past 15 years. She noted that cars run the stoplight on the comer of Miller and Maple on a nightly basis. She raised concerns that the proposed parking structure might increase traffic problems in the area. She further noted that surface parking lots in the Downtown area are usually empty and/or filled with City vehicles. She opined that since people are presently unwilling to pay for permit parking in the surface parking lots, they will likely be unwilling to pay for it in the proposed parking structure. Before Council began its discussion of the agenda item, City Attorney Mattas advised that the item presently before Council was a determination on the MND. He noted that the second item on the agenda for the Special Redevelopment Agency Meeting that would take place later in the evening pertained to the award of the design contract for construction of the parking structure. He advised that if the Agency wished to provide additional comments on design, it should agendize that discussion for a later meeting. Councilman Addiego explained that he had listened closely to Attorney Peter Daniel. He noted that Mr. Daniel made some statements that he would like to understand better. He questioned whether staff s conclusions pertaining to setbacks and undergrounding were sufficient under CEQUA and/or whether additional studies were required. City Attorney Mattas advised that the evidence in the staff report, including conversations and consultations between the designers and staff, was appropriate and adequate evidence to permit Council to make a determination on the MND. He further noted that CEQUA only requires REGULAR CITY COUNCIL MEETING MINUTES MARCH 26, 2008 PAGE 8 analysis of the project before Council; and further, that CEQUA does not require an analysis of a project with components not before the Council. Mayor Pro Tern Matsumoto expressed concerns regarding the proposed parking structure project. She commented that building and/or new developments in the Downtown should be multi-use with a 24 hour life. She further noted that the garage would increase street and sewer maintenance requirements. She questioned the size of the proposed commercial space and requested an analogy to a business occupying a similar amount of space. Associate Planner Smalley responded that the commercial space was designed to be flexible and would equate to about two times the area of the Community Room at the Municipal Services Building. Assistant City Manager Van Duyn noted that existing General Plan policies encourage the type of structure proposed, including the height, intensity and density of the structure. He further noted that Council had expressed a desire to take steps to improve the City's Downtown and that in the opinion of Council's Subcommittee and local merchants, the proposed structure would be a great stride towards this goal. Mayor Pro Tern Matsumoto questioned whether a parking survey had been conducted. Assistant City Manager VanDuyn responded that a parking survey of residents had not been conducted. Councilman Addiego commented that a survey was not done because the proposed parking structure essentially presented an issue of which comes first. He stated that while today, there might not be a demand for the number of parking spaces proposed, the garage would attract businesses to the Downtown that would drive the demand for parking. He further recounted a recent study session Council had participated in with the Planning Commission at which a speaker in the city planning field had surprised the Council with revelations that 50% of developed space on the Peninsula is devoted to cars. He noted that the structure would help to remedy this problem in the Downtown District by freeing-up surface lots. Councilman Garbarino noted that the new Caltrain Station bringing people to their jobs in the East of 101 Area could jump start the Downtown and motivate housing development in the area. He opined that the proposed parking structure would not be an impediment to such results. Councilman Mullin expressed his desire to add to the sentiment that housing in the Downtown District and the proposed parking structure were not mutually exclusive concepts. He opined that the concepts blend very nicely together as part of Downtown revitalization efforts; and further that he viewed the proposal as building for 20-30 years from now and for the long-term vision of converting surface lots to high density housing and/or mixed-use developments. Councilman Mullin thanked members of the public in attendance for voicing their concerns for and against the proposed parking structure. He further commented that in the end, he believed the benefits of the proposed structure outweigh negatives over the long term. City Attorney Mattas advised that the City had taken adequate measures to remedy noticing issues related to the proj ect raised in comments that evening, including extending comment periods, re-circulating documents and making sure that there was appropriate opportunity for REGULAR CITY COUNCIL MEETING MARCH 26, 2008 MINUTES PAGE 9 members of the public to comment on the process. Regarding comments pertaining to potential environmental impacts heard earlier in the evening, City Attorney Mattas advised that the MND was re-circulated twice to address such comments. He further stated that some of the specific issues relating to environmental impacts associated with the project pertaining to shadowing and views did not rise to the level of a significant impact under CEQUA and noted that two mitigation measures pertaining to the historical house were proposed. Mayor Gonzalez commented on the soundness of the MND. He noted that based upon his experience on the Subcommittee an overwhelming number of Downtown merchants were in favor of the proposed garage. He further commented that while there might not be a present demand for the number of proposed new parking spaces, a lesson could be learned from the BART parking lot, which in its early days sat empty but now is always full. Motion- Councilman Addiego/Second- Councilman Garbarino: to approve Resolution No. No. 35-2008. The motion passed by the following voice vote: AYES: Councilmen Addiego, Garbarino and Mullin and Mayor Gonzalez. NOES: Mayor Pro Tem Matsumoto. ABSTAIN: None. ABSENT: None 9. An Ordinance amending Chapter 6.78 of the South San Francisco Municipal Code to Implement the Digital Infrastructure and Video Competition Act of 2006. City Attorney Mattas explained that the Digital Infrastructure and Video Competition Act (the "Act") became effective on January 1, 2007. The Act established a statewide franchising procedure of video service providers to be administered by the California Public Utilities Commission ("CPUC"); and further prohibited cities from awarding new local franchises or regulating state franchise holders, except to the extent permitted by the Act. He advised that the proposed enabling ordinance before the Council would permit South San Francisco to implement local provisions compatible with the Act. Mayor Pro Tem Matsumoto questioned why the Act had been characterized as implementing a "sea change." She further questioned administrative costs and fee structures associated with the Act. City Attorney Mattas explained that the Act effectively transferred local government authority to the state through the CPUC. He noted that the City continues to be authorized to receive the equivalent amount of franchise fees from state franchise holders. He further commented that the structure of the ordinance is required by state law and was drafted to provide the greatest extent of local authority authorized under the Act. Mayor Gonzalez questioned responsibility for handling complaints. City Attorney Mattas responded that under the Act the companies continue to handle complaints. He further noted that in theory complaints for material breaches could be registered with the CPUC. In response to a question from Councilman Mullin, City Attorney Mattas advised that he would seek information to the potential impact of a provision potentially capping PEG Channel revenues at 1 %. REGULAR CITY COUNCIL MEETING MINUTES MARCH 26, 2008 PAGE 10 Motion- Councilman Garbarino/Second Councilman Addiego: to waive reading and introduce Ordinance No. 1394-2008 amending Chapter 6.78 of the South San Francisco Municipal Code to Implement the Digital Infrastructure and Video Competition Act of2006. Unanimously approved by voice vote. COUNCIL COMMUNITY FORUM Councilman Addiego requested that the meeting be adjourned in honor of Angela Marie Armanino Uccelli. ADJOURNMENT Being no further business Mayor Gonzalez adjourned the meeting in honor of Angela Marie Armanino Uccelli at 10:20 p.m. Approved: I-Larson, City Clerk an Francisco Pedro Gonzalez, Mayor City of South San Francisco REGULAR CITY COUNCIL MEETING MINUTES MARCH 26, 2008 PAGE 11 ATTACHMENT 1 Honorable Mayor and Council, Thank you for allowing me thIS time to speak. There are some questions that need answering. Why are you building this structure? Who are you building this structure for? What is the current cost estimate? In December it was $11,814,000, that was before you made the wise decision to put utilities underground, like you would require any other building owner to do. The proposed Miller Avenue Parking Structure will have 256 parking spaces and 13,700 sf of commercial space. Per testimony at the December Council meeting, 200 spaces for permit parking, 56 for other. Of those 56 other spaces, there will be only 8 handicap spaces and 7 regular metered spaces on the ground floor. You are losing 60 spaces from the 3 lots it will be built on You are losing 39 spaces from the lot you have earmarked to sell to help pay for this You will lose a minimum of 8 street parking spaces on Miller to widen the sidewalk and put in a left hand turn lane into the parking lot. The maximum gain of parking spaces you will have is 149, BUT YOU ARE ADDING 13,700 SF OF COMMERlCAIL SPACE ON THE GROT.J}\1) FLOOR. PER ZONING, you can't put office on the ground floor. This area is zoned for retail or restaurant only on the ground floor If you used that space for retail, it would require 69 more parking spaces, IF THAT SPACE WAS USED FOR RESTAURANT, YOU WOULD REQUIRE 266 SPACES. YOU ARE ONLY ADDING 149. YOU ARE NOW IN A NEGATIVE SITUATION. YOUR PARKING DISTRlCT WILL HAVE 117 LESS AVAILABLE SPACES BEFORE THE BUILDING WAS BUILT. Because of the traffic, there will be a right turn only out of this structure, you are dumping more traffic onto Linden A venue and Grand Avenue where you are already impacted. The person who lives anywhere west of the structure in South San Francisco will now have to go around the block and most likely use the busiest streets to do so. DO YOU KNOW, IN YOUR GENERAL PLAN, THE CITY'S INTENTION WAS TO EXPLORE ONE WAY STREETS ON MILLER AVENUE AND ON BADEN AVENUE? MILLER A VEUNE WOULD BE GOING WEST, UP THE STREET, BUT THIS PARKING STRUCTURE HAS A RlGHT HAND TURN ONLY WHICH WOULD GO EAST, DOWN THE STREET.. YOU COULDN'T CHANGE THE DIRECTION OF THOSE NARROW ONE WAY STREETS BECAUSE YOU HAVE TRAFFIC COMING OFF THE FREEWAY GOING WEST ON MILLER A VENUE AND YOU CURRENTL Y HAVE TRAFFIC GOING EAST ON BADEN TOWARD THE FREEWAY. YOUR TRAFFIC CONSULTANT HAS NOT ADDRESSED THIS. At the very least, THiS STRUCfUllli SHOULD BE ACROSS THE STREET BECAUSE IT IS EASERIR TO GET IN AND OUT, TURN RIGHT TO GO HOME. The City should have close meter parkinll where vou now propose the structure. Your customers will use the closer parking. THE PERMIT PARKING LOTS SHOULD ALL BE ACROSS THE STREET IN THE CURRENTLY EMPTY LOTS. This structure would also be a barrier, cutting off any possibility of future high density housing development in the DOWNTOWN COMMERCIAL AREA, or adjacent to it. Do you also know that your general plan calls for a "PEDESTRIAN ORIENTED DEVELOPMENT. A DEVELOPMENT DESIGNED \X,lITH AN EMPHASIS ON THE STREET SIDEWALK AND ON PEDESTRIAN ACCESS TO THE BUILDING. RATHER THAN AN AUTO ACCESS AND PARKING AREA?" Yes, your downtown merchants have been asking for better parking for years, but NO WHERE IN ANY STAKEHOLDERS REPORT, IN ANY GENERAL PLAN, IS A. STRUCTURE MENTIONED. IT IS MENTIONED IN THE STAKEHOLDERS REPORT THAT THE CURRENT PARKING IS NOT USED PROPERLY. YOU HA VB A SERIOUS MISMANAGEMENT OF WHAT YOU Hi\. VE THERE. How many people going to a grocery store will use this garage, not many. Mr. Addiego, you owned a grocery business, you and other business people on the Council know how important convenient parking is to your customers. You have allowed a hUlle chinese restaurant, an exercise facility, 2 national named coffee places to operate business in this town, WAIVING the required parking of your zoning ordinances. The restaurant and gym use parking for over 2 hours during the day and often late at night. HOW LATE IS THAT GARAGE OPEN FOR? THIS AND MANY OTHER QUESTIONS SHOULD BE ANS\VERED NOW, NOT "PROGRAMED IN LATER". WHAT WOULD YOU REQUIRE OF ME IF I WERE BUILDING DOWNTOWN? You have 50% vacancy in current mismanaged lots. How does the cost ofthis structure and the fact that the "original parking district" still exists, affect owners of property in this district? Are the downtown merchants responsible for any cost if the City fails to sell bonds and/or have the Redevelopment Agency cover costs? Property owners of the Original parking district agreed that they would have to pay for deficiencies for parking improvements. Have you notified every property owner in the D-C of this? It is easy to talk pie in the sky, but your Mitigated Negative Declaration, your Redevelopment Agency Economic Staff Report, recommending approval of this, IN CONCEPT, and all correspondence and information to the public has been poor and unacceptable for the people of South San Francisco to accept this structure, as proposed. WHY DO YOU WANT TO ADD BUSINESS ON MILLER WHEN THERE IS NONE? The Redevelopment Staff Report for Economic feasibility reports an annual loss to the City of $93,000 to $278,000. per year based on 2006 dollars. With costs to build increasing through December by 150%, the City could conceivably have $139,500 to $417,000 losses ammally. By the way, why is your zoning update also looking at developing housing on the East side of 101? How would that help your downtown? Consider zoning to allow high density housing with their own downtown, so people can have shopping and recreation where they live, IN SOUTH SAN FRANCISCO.. Why are you doing this? For who are you doing this? Look at the BIG picture. Is this the best for South San Francisco's Future? Again, I don't want to be part of the problem, I want to be part of the solution for a thriving South San Francisco. Again, I volunteer my services to this City, for the future, for the bettennent of this City. Agenda Item #2 I certify that the demands set forth on this payment register are accurate and funds are available for payment.* DATED: ~\ \ J fOg ~TOR *Note: Items below do not include payroll related payments Checks: Date Amount 03/26/08 03/28/08 04/02/08 $ 2,246,439.16 2,169.09 656,983.33 Electronic Payments: Date Amount To Description Total Payments $ 2,905,591.58 This is to certify that the above bills were confirmed at the regular council meeting held April 9, 2008. MAYOR COUNCIL MEMBER FRANCISCO WARRANT DISBURSEMENT REPORT SAN SO CITY OF 1 PAGE - 'J 8 03-2 CK DATE 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 "., /.....r /", n V.:J/ 40/ va 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/?';/08 03/26/08 03/26/08 CK # 118219 118346 118250 118156 118308 118280 118212 118191 118308 , , n, rc ..L..LO.LU..J 118246 118344 118192 118251 118251 118251 118251 118251 118212 118222 118150 118241 118261 118281 118281 118270 118284 118208 118235 S? INVOICE/DESCRIPTION AMOUNT -FUJITOMI FOR MAIL MACHINE SERVICE SERVICE 118344 118279 PREPAID MEDICAL BLDG INSP RECRUITMENT ADS CHARGES SERVICES CELL CONSULTANT PHONE 4/3 ~EG ~EG LEGAL LEGAL TEMP HELP ENVELOPES INKJET CARTRIDGES FEB08 TAXI DASHER JAN08 DASHER CITIZE CADEMY SUPPLIES FEB08 /NON-RANDOM TESTS MONTHL MONITORING/REPORT SERVICES 00 00 00 00 00 00 00 01 00 67 50 60 00 67 87 95 40 40 30 00 00 35 17 00 00 52 40 00 55 00 58 97 TAXI 30 57 60 100 40 30 23 92 40 0' VENDOR NAME GONZALES VILLALOBOS, SALVADOR MBNDOZA, SEBASTIAN ALAPATI, ELIZABETH JULITA ACCOUNT NUMBER 0-00000-3301 0-00000-3301 10-00000-3505 10-00000-3530 -'\CCT ACCT ACCT PROGRAM nAME NON EXPENSE NOH EXPENSE NON EXPENSE EXPENSE ACCT COUNCIL COUNCIL 77 62 330 916 265 928 865 322 93 280 200 352 671 535 890 254 398 20 184 025 62 053 36 10 2 CENT SYST SITIKE COUNSELING PENINSULA LIBRARY FIRST NATIONAL BANK CLEARLITE TROPHIES SITIKE COUNSELING CENT AT&T MOBILITY MARTINELLI-LARSON, KRI VERIZON WIRELESS CMTA ANNUAL CONFERENCE MEYERS, NAVE, RIBACK, MEYERS, NAVE, RIBACK, MEYERS, NAVE, RIBACK, MEYERS, ,nH~ RIBACK, MEYERS, RIBACK, FIRST NA AL BANK OF GROUP 4/ ITECTURE ACCOUNTE PREFERRED EQUIFAX KAISER OF PENINSULA YELLOW CAB PENINSULA YELLOW CAB INC ALLIANCE KSM PRINTING NEOPOST INC .L~.L1- II .j.;J NAVE OFFICE DEPOT 10-01110-4380 10-01110-4380 10-01110-4380 10-01110-4380 10-01110-4380 10-0111.0-4410 10-02110-4330 10-02110-4410 10-03110-4310 10-04110-4206 10-CJ4110-4206 10-04110-4206 10-04110-4206 10-04110-4206 10-05110-4310 10-05120-4210 10-06210-4201 10-06210-4250 10-06210-4302 10-07110-4220 10-07110-4220 10-07110-4380 10-09110-4201 10-09110-4201 10-09110-4201 10-09110-4230 10-09110-4410 10-10110-4210 CITY CITY COUNCIL HUMAN HUMAN HUMAN COUNCIL COUNCIL COUNCIL CITY CLERK CITY CLERK CITY TREASURER ATTORNEY ATTORNEY ATTORNEY CITY CITY ATTORNEY CITY ATTORNEY CITY MANAGER OUTREACH ACCOUNTING ACCOUNTING ACCOUNTING NON-DEPTMNTL-CITYWID NON-DEPTMNTL-CITYWID NON-DEPTMNTL-CITYWID RESOURCES RESOURCES RESOURCES RESOURCES RESOURCES COMM DEV CITY CITY CITY CITY CITY CITY COMMUNITY HUM]I.N NON 2 1 5 OH SO PERMANENTE ADVANCE RECRUITMENT VERIZON WIRELESS PELLERITO, PETER M HUM.Z\N & ECONOMIC SO FRANCISCO WARRANT DISBURSEMENT REPORT SAN CITY OF 2 PAGE 08 2'1 CK DATE 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 CK 118310 118159 118202 118202 118202 118202 118295 118295 118295 118295 118228 118295 118255 118255 118226 118298 118240 118227 118227 118262 118203 118336 118335 118163 118230 118230 118344 118315 118210 118210 118210 118344 # AVE INVOICE/DESCRIPTION NAME AMOUNT BLDG CELL COLO" CHARGES SVC SVC SVC CELL 110 50 810 -0 73 93 48 39 04 82 95 14 14 79 65 73 00 42 42 00 00 35 13 18 96 00 00 50 94 76 26 56 24 45 29 48 41 62 677 140 85 444 30 74 113 90 117 102 41 64 IN IN THE NAME FINAL SIGN & VENDOR ROCKY ROCKY ROCKY MILT 9 84 59 441 255 221 566 405 475 48 116 91 269 48 351 ALLISON COMMUNICATIONS PUBLIC NEXTEL DE LAGE LANDEN TRANSUNION FINANCIAL SERV PENINSULA LOCKSM JACHENS INC IRVINE JACHENS INC VERIZON WIRELESS SPRINT FEDEX & & WOLLAM ICC ICC TOSHIBA ART IRVINE S 10-10110-4301 10-10410-4230 10-10410-4230 10-10410-4230 10-10410-4230 10-10410-4230 10-10410-4250 10-10410-4250 10-10410-4250 lfl_lnllln ,1')l::n .J..V ..LV-:I:..l..V -,:,,,-,v 10-10410-4301 10-10410-4301 10-10410-4301 10-10410-4301 10-10410-4301 10-10413-4201-1305 10-10413-4201-1305 10-10520-4303 10-10520-4303 10-10520-4410 10-10520-4820 10-11110-4220 10-11110-4251 10-11110-4302 10-11110-4302 10-11110-4302 10-11110-4410 10-11110-4410 10-11210-4302 10-11210-4302 NUMBER ACCODNT PROGRAM NPli,\'lE COMM DEV SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES C'C'D~TTr'C"C' w.l..;a\.v..L'-.l...Jw SERVICES SERVICES SERVICES SERVICES SERVICES PLANNING--DEVELOPER PLANNING--DEVELOPER SERVICES PLMJNING PLANNING PLANIHNG PLANNING PLANNING PLANNING PLANNING PLANNING DT 7\l\T1\TT1\Tr' .L .l...J.....J.~J.~..L J.' \...) PLANNING PLANNING PLANNING PLANNING PLANNING ECONOMIC & INSPECTION BUILDING INSPECTION BUILDING INSPECTION BUILDING INSPECTION FIRE ADMINISTRATION BUILDING ADMINISTRl'_TIOl' ADMINISTRATION AmlINISTRATION ADMINISTRATION ADMINISTR.lI,TION .lI,DMINISTRATION FIRE PREVENTION FIRE PREVENTION FIRE FIRE FIRE FIRE FIRE FIRE FEDEX FEDEX VERIZON WIRELESS 10-112IJ-4302 10-11210-4410 FIRE PREVENTION FIRE PREVENTION FRANCISCO REPORT CITY OF WARRANT DISBURSEMENT SAN SO PAGE 08 n 03 CK DATE 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 CK 118344 118315 118165 118344 118304 118153 118153 118170 118243 118153 118243 118331 118229 118297 118344 118315 118165 118344 118315 118165 118158 118158 118158 118185 118344 118315 118165 118344 118334 118344 118289 118205 # CHARGES SYSTEM REG INVOICE/DESCRIPTION BROADBAND ACCESS MONTHLY DATA CARD CELL PHONE CHARGES PHONE CHARGES 08-RADIO TRUNKED CAL SUPPLIES CAL SUPPLIES CAL SUPPLIES CAL SUPPLIES CAL SUPPLIES CAL SUPPLIES -PRE HOSP EMS CODE -08 PREHOSPITAL CARE MEDIC LICENSE EXP REIMB PHONE CHARGES HLY DATA CARD CHARGES PHONE CHARGES CHARGES H TA CARD CHARGES CHARGES SVC OF PHONE UNIFORM CLEANING UNIFORM CLEANING UNIFORM CLEANING CELL CELL CELL AlVlOUNT SVC SVC EQUIPTMENT CELL PHONE CHARGES MONTHLY DATA CARD CELL PHONE CHARGES CELL CHARGES ~M ~~ ES CHARGES FUSION, VIN#lFAFP25175G189317 ACCT#01483 OR FISCAL YEAR 2007-2008 7/1/2007 THRU CHARGES PHONE ,-,V.LIVJ.'\. CELL 58 642 46 12 20 36 00 12 49 24 58 98 44 00 00 00 42 56 10 65 28 04 05 05 05 24 06 28 20 67 00 37 66 00 45 192 80 78 363 130 90 116 194 219 58 97 14 14 14 642 296 58 388 68 38 28 496 398 50 233 388 80 527 111 VENDOR NAME VERIZON WIRELESS AT&T MOBILITY VERIZON WIRELESS MATEO, COUNTY OF NCN MEDICAL LLC INC SER SER SER AIRGAS AIRGAS BOUND TREE LIFE-ASSIST hIRG1\S NCN LIFE-ASSIST THOMSON WEST INFORMA UK LIMITED SAMSON, MATTHEW VERIZON WIRELESS UNIFORM UNIFORM UNIFORM CASCADE FIRE VERIZON WIRELESS INC AT&T MOBILITY VERIZON WIRELESS SPRINT AT&T MOBILITY AMERIPRIDE AMERIPRIDE AMERIPRIDE NCN SPRINT SPRINT SAN SPRINT AT&T MOBILITY VERIZON WIRELESS TOSHIBA BUSINESS SOLUT VERIZON WIRELESS QI EXCHANGE LLC DIVERSIFIED FLOORING S 11210-4410 11210-4410 11210-4410 11223-4410 -11610-4302 -11610 10 10-11610-4302 10-11610-4302 10-11610-4302 10-11610-4302 10-11610-4302 10-11610-4303 10-11610-4303 10-11610-4330 10-11610-4410 10-11610-4410 10 -11610 -J.410 10 - 11611-4410 10-11611-4410 10-11611-4410 10-11710-4210 10 -11710 -4210 10-11710-4210 10-11710-4365 10-11710-4410 10 -11710 -4410 10-11710-4410 10-11720-4410 10-11730-4302-1101 10-11750-4410 10-12110-4370 10-12210-4210 ALS BI,S BLS BLS SUPPRESSION SUPPRESSION SUPPRESSION SUPPRESSION SUPPRESSION SUPPRESSION SUPPRESSION TRAINING STATION SUPPLIES AND SAFETY DI -'\DMINISTRATIO ADMINISTRAT ACCOUNT NUMBER -4302 10 10 10 10 10 PROGRAM NAME FIRE PREVENTION FIRE PREVENTION FIRE PREVENTION CODE ENFORCEMENT ALS ALS ALS ALS ALS ALS ]\..LS ALS A~S ALS ALS ALS HEALTH POLICE SERVICES CITY SO SAN FRANCISCO WARRANT DISBURSEMENT REPORT OF 4 PAGE -08 7 2 CK DATE 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 CK 118205 118289 118241 118241 118249 118329 118162 118288 118329 118329 118262 118242 118289 118300 118304 118325 118239 118239 118239 118269 118270 118161 118344 118262 118199 118199 118196 118344 118278 118344 118158 118158 # INVOICE/DESCRIPTION CONTRACT FOR FISCAL YEAR 2007-2008 7/1/2007 THRU 2006 FORD FUSION VIN#3FAFP07186RI04092 ACCT#014837 PRINTING SVC PRINTING SVC REIMB AMOUNT THRU THRv PHAE PART CELL UNIFORM CLEANING UNIFORM CLEANING 235 408 56 199 86 489 40 00 94 13 34 38 83 04 00 00 49 16 23 85 00 25 62 00 00 50 11 91 00 65 38 00 00 53 16 50 58 27 49 S FLOORING LLC VENDOR NAME DIVERSIFIED QI EXCHANGE U PRINTING PRINTING RE, ROSA ECOMMUNICATIONS MOUNTAIN KS... ACCOUNT NUMBER 7/1/2007 FAMILY VIOLENCE 1 6 4 703 812 128 125 143 60 358 805 800 301 136 248 62 134 1 8 10 COMMUNICATIONS COMMUNIC.Z',TIONS COMMUNIC.~.TIONS INVESTIGATION PATROL PATROL PATROL GENERAL ENGINEERING GENERAL GENERAL GENERAL ENGINEERING ENGINEERING ENGINEERING ENGINEERING GENERAL ENGINEERING GENERAL ENGINEERING GENERAL ENGINEERING TERRABAY DEV INSPEC TERRABAY DEV INSPEC TERRABl>.Y DEV INSPEC ST MAINT & TRAFFIC S SIGNALS ADMINISTRATION PARK MAINTENANCE PARK MAINTENANCE COMMUNICATIONS COMMUNICATIONS INC VERIZON WIRELESS NEXTEL COMMUNICATIONS INC INC ASSOC AMERIPRIDE AMERIPRIDE 2007-2008 & SER SER COTTON, SHIRES & VERIZON WIRELESS PEEK TRAFFIC CORPORATI VERIZON WIRELESS UNIFORM UNIFORM CONSULTANTS CONSULTANTS APWA CSG CSG " "~vER '-"l.l OMP 98 680 573 720 63 446 643 232 566 82 1305 -1305 1305 10-12210-4210 10-12222-4370 10-12310-4250 10-12310-4250 10-12310-4340 10-12410-4210 10-12410-4301 10-12410-4330 10-12410-4365 10-12410-4365 10-12410-4410 10-12410-4410 10-12620-4370 10-12720-4220 10-12720-4220 10-12720-4330 10-13210-4201 10-13210-4201 10-13210-4201 10-13210-4301 10-13210-4301 10-13210-4310 10-13210-4410 10-13210-4410 10-13221-4201- 10-13221-4210 10-13221-4210 10-14510-4410 10-14560-4302 10-14610-4410 10-14620-4210 10-14620 NAME SERVICES ADMINISTRAT COMMUNITY SERVICES RECORDS RECORDS RECORDS COM~IUNICA1'IONS COMMUNICATIONS PROGRAl'''l 1 ENG AlI.ROWHEAD PUBLIC SAFETY TRAINING TELECOMMUNICATIONS ENG TELECOMMUNICATIONS ENG NEXTEL COMMUNICATIONS LANGUAGE LINE SERVICES QI EXCHANGE LLC SAN MATEO COUNTY FOREN MATEO, COUNTY OF ER INTERNATIONAL INFELDER INFELDER INFELDER ICE DEPOT ICE DEPOT SPR I INC INC INC INC SAN -4210 GENERAL PARK SO SAN FRANCISCO WARRANT DISBURSEMENT REPORT CITY OF 5 PAGE OJ-2 CK DATE 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 CK # 118274 118274 118313 118313 118313 118302 118274 118274 118274 118313 118313 118313 118313 118313 118340 118215 118340 118201 118276 118274 118340 118340 118340 118313 118189 118255 118255 118313 118206 118206 118206 118330 COMMERCIAL INVOICE/DESCRIPTION SUPPLIES-PARKS SUPPLIES-PARKS SUPPLIES-PARKS SUPPLIES-PARKS SUPPLIES-PARKS SUPPLIES-PARKS MAINT SUPPLIES-PARKS MAINT SUPPLIRS-PARKS SUPPLIES-PARKS SUPPLIES-PARKS SUPPLIES-PARKS SUPPLIES-PARKS SVC-OMP SUPPLIES-PARKS SVC-SOUTHWOOD SUPPLIES-PARK SUPPLIES-PARKS SUPPLIES-PARKS SVCS-PARKWAY SVC-BURI BURl SVCS-COMM GARDEN SUPPLIES-PARKS LDG MAINT SUPPLIES MAINT SUPPLIES SUPPLIES SUPPLIES GALWAY MAINT MAINT SERVICE CALL FURNISH/INSTALL HD ELITE SERVICE CALL PEST CTRL SVC-2380 SUPPLIES-PARKS CREDIT MAINT MAINT MAINT MAINT MAINT MAINT MAINT MAINT MAINT MAl NT MAINT MAINT MAINT MAINT MAINT BLDG BLDG AMOUNT 02 23 89 25 62 88 35 41 83 92 44 13 21 39 39 11 39 75 59 80 39 40 39 83 99 01 84 72 00 13 00 00 53 94 112 94 12 792 92 357 24 180 863 220 65 62 18 35 77 94 307 94 498 286 30 -16 11 13 13 384 255 32 307 24 1 2 VENDOR NAME ORCHARD SUPPLY HARDWAR ORCHARD SUPPLY HARDWAR SOUTH CITY LUMBER AND SOUTH CITY LUMBER nm CITY LUMBER ATEO LAWN MOW RD SUPPLY HAR R RD SUPPLY HAR R RD SUPPLY HAR R CITY LUMBER CITY LUMBER CITY LUMBER CITY LUMBER CITY LUMBER SITE SERVIC CYGANY INC PACIFIC NURSERIES ORCHARD SUPPLY HARDWAR UNITED SITE SERVICES I UNITED SITE SERVICES I UNITED SITE SERVICES I SOUTH CITY LUMBER AND CITY MECHANICAL INC MILT'S SIGN SERVICE IN 'S SERVICE IN H C LUMBER AND DO INC, THE DO INC, mHH DO INC, Ii'll TERNAT AL I I =w AND AND AND AND AND .l-.&.....l..:J THE SERVICES UNITED GAMETIME UNITED SITE SIGN SOUTH MILT ACCOUNT NUMBER -4360 -4360 10-14620-4360 10-14620-4360 10-14620-4360 10-14620-4360 10-14620-4360 10-14620-4360 10-14620-4360 10-14620-4360 10-14620-4360 10-14632-4360 10-14632-4360 10-14636-4360 10-14640-4360 10-14721-4360 10-14721-4360 10-14721-4360 10-14722-4302 10-14723-4360-1472 10-14723-4360-1472 10-14723-4360-1472 10-14731-4360 14620-4302 10-14620-4302 10-14620-4302 10-14620-4302 10-14620-4302 -14620-4302 -14620-4302 -14620-4302 -14620-4360 -14620 14620 10 10 10 10 10 10 10 NAME PARK MAINTENANCE PARK MAINTENANCE PARK MAINTENANCE PARK MAINTEN)'.NCE SCHOO~ GROUND SCHOOL GROUND MAINT COMMUNITY GARDENS/GR STRE2T TREE MAINTENA CITY HALL MAINTENANC C1TY HALL MAINTENANC CITY HALL MAINTENANC ANNEX MAIN FIRE MAINT MAINTENANCE r<IAINTENAi,CE r<IAINTENANCE STATION MAINTEN PARK MAINTENANCE PARK MAINTENANCE PARK MAINTENANCE PARK MAINTENANCE PARK MAINTENANCE MAINTENANCE PARK MAINTENANCE PARK MAINTENANCE PARK MAINTENANCE PARK MAINTENANCE PARK MAINTENANCE PARK MAINTENANCE PARK MAINTENANCE PARK MAINTENANCE PARK MAINTENANCE PARK MAINTENANCE CITY HALL MSB MSB D7IDV MSB PROGRAM SO FRANCISCO WARRANT DISBURSEMENT REPORT SAN CITY OF 6 PAGE 08 27 o~ CK DATE 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 CK 118330 118221 118313 118313 118330 118231 118255 118313 118313 118194 118237 118237 118162 118344 118166 118166 118166 118166 118166 118166 118166 118166 118166 118166 118166 118166 118166 118166 118166 118166 118166 118166 # INVOICE/DESCRIPTION PEST CTRL SVC-480 BLDG MAINT SUPPLIES BLDG MAINT SUPPLIES BLDG MAINT SUPPLIES PEST CTRL SVC-550 N BLDG MAINT SUPPLIES BLDG MAINT SUPPLIES BLDG MAINT SUPPLIES BLDG MAINT SUPPLIES BLDG MAINT SUPPLIES LABELING SVC-LIB LENDING MATERIAL LABELING SVC-LIB LENDING MATERIAL WATER COOLER RENTAL CELL PHONE CHARGES LIBRARY BOOKS LIBRARY BOOKS BOOKS LIBRARY BOOKS BOOKS LIBRARY BOOKS LIBRARY LIBRARY LIBRARY LIBRARY CANAL CANAL N BOOKS AMOUNT LIBRARY BOOKS LIBRARY BOOKS LIBRARY BOOKS LIBRARY BOOKS LIBRARY BOOKS LIBRARY BOOKS LIBRARY BOOKS LIBRARY BOOKS 93 191 130 279 26 347 208 63 10 24 00 01 89 30 00 16 55 56 37 65 70 60 66 02 28 17 72 74 39 60 78 58 83 43 30 36 43 82 36 26 68 18 TERI~INIX GRAINGER SOUTH CITY LUMBER SOUTH CITY LUMBER TERMINIX INTERNATIONAL ISI POLY MILT'S SIGN SERVICE IN SOUTH CITY LUMBER AND CITY LUMBER LIDATED ELECT A APHICS APHICS HEAD MOUNTAIN ON WIRELESS TAYLOR TAYLOR TAYLOR TAYLOR TAYLOR TAYLOR TAYLOR TAYLOR TAYLOR TAYLOR TAYLOR TAYLOR TAYLOR TAYLOR TAYLOR TAYLOR TAYLOR TAYLOR 70 35 24 64 75 494 168 20 6 21 204 121 20 VENDOR NAME INTERNATIONAL SPR AND AND AND INC INC INC INC INC INC INC INC INC INC INC & & & & & & & & BAKER BAKER BAKER BAKER BAKER BAKER BAKER BAKER BAKER BAKER SOUTH ACCOUNT NUMBER 45 30 & & & 14 20 33 14 67 31 16 INC INC INC & & & BAKER BAKER BAKER BAKER BAKER BAKER 10-14731-4360 10-14732-4360 10-14732-4360 10-1'n33-4302 10-14733-4360 10-14733-4360 10 -14733-4360 10-14741-4360 10-14742-4360 10 14743-4360 10-15110-4210 10-15110-4210 10-15110-4302 10-15110-4410 10-15210-4303 10-15210-4303 10-15210-4303 10-15210-4303 10-15210-4303 10-15210-4303 10-15210-4303 10-15210-4303 10-15210-4303 10-15210-4303 J.O -15210 -43 03 10-15210-4303 10-15210-4303 10-15210-4303 10-15210-4303 10-15210-4303 MAINTEN CORPORATION CORPORATION YARD CORPORP.TI0N YARD MAl CORPORATION YARD MAl RECREATION BUILDING MAGNOLIA CENTER MAIN ~'JESTBOROUGH LIBRARY CIRCULA LIBRARY CIRCULA CIRCULA CIRCULA CIRCULA CIRCULA CIRCULA MAl BUILDING ADMIN/TECHNI ADMIN/TECHNI ADMIN/TECHNI ADMIN/TECHNI CIRCULA CIRCULA LIBRARY LIBRARY PROGRAM NAME STATION LIBRARY MAINTENANCE ~;AINTENANCE YARD MAl MAIN MAIN LIBRARY BRARY MAIN LIBRARY ~lAIN LIBRARY MAIN LIBRARY r~AIN LIBRARY LIBRARY LIBRARY LIBRARY LIBRARY MP.IN LI MAIN MAIN FIRE CIRCULA CIRCULA LIBRARY MAIN LIBRARY MAIN MAIN LIBRARY CIRCDLA MAIN LIBRARY CIRCULA MAIN LIBRARY CIRCULA MAIN LIBRARY CIRCULA MA TN T.TRRARY CTRClJLA INC INC INC INC & & & & BAKER BAKER 10-15210-4303 10-15210-4303 MAIN LIBRARY CIRCULA MAIN LIBRARY CIRCULA FRANCISCO REPORT CITY OF SO WARRANT DISBURSEMENT SAN 7 PAGE 08 2~ 03 CK DATE 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 CK # 118166 118166 118166 118166 118166 118252 118252 118252 118252 118252 118292 118168 118168 118168 118166 118252 118292 118168 118168 118259 118162 118166 118310 118310 118322 118253 118253 118253 118163 118172 118334 118165 2 COMM INVOICE/DESCRIPTION AUDIO VIDEO AUDIO VIDEO LIBRARY BOOKS LIBRARY BOOKS AMERICORPS MEMBERS STIPEND DRINKING WATER SVC BOOKS-AFTERSCHOOL HMWK PROG SNACKS FOR CHILD CARE SNACKS FOR CHILDCARE BINDERS FOR CULTURAL ARTS COMMISSIONER WORKSHOP COMMISSIONER WORKSHOP COMMISSIONER WORKSHOP FOR TERRABAY GYM MAINT SUPPLIES COPIER METER USAGE PHONE CHARGES AUDIO LIBRARY BOOKS LIBRARY BOOKS BOOKS BOOKS LIBRARY BOOKS LIBRARY BOOKS LIBRARY BOOKS LIBRARY BOOKS LIBRARY BOOKS AUDIO VIDEO VIDEO VIDEO VIDEO VIDEO VIDEO LIBRARY LIBRARY AUDIO AUDIO AUDIO AUDIO 4/12 4/12 4/12 KEYS BLDG ADC CELL AMOUNT 67 46 16 70 40 07 25 38 92 45 51 34 48 73 63 94 51 23 80 00 74 22 47 72 41 00 00 00 67 50 13 46 14 63 000 26 10 16 33 32 20 20 20 100 52 20 47 24 101 21 49 42 702 31 486 203 321 88 189 16 144 51 321 476 3 INC INC INC INC INC 'IC ~SC ~ u~LIC SPR PLAN CITY OF CITY OF CITY OF PENINSULA LOCKSM MARTIN, INC TOSHIBA BUSINESS AT&T MOBILITY L SOLUT VENDOR NAME & MIDWEST TAPE MIDWEST TAPE MIDWEST TAPE MIDWEST TAPE MID1^JEST TAPE RECORDED BOOKS BOOK WHOLESALERS INC BOOK WHOLESALERS INC WHOLESALERS INC n & TAYLOR INC ST TAPE DED BOOKS WHOLESALERS I WHOLESALERS T NAL CITY mm HEAD MOUN & TAYLOR & FINAL & FINAL ES CREDIT RAE RAE RAE ART'S BRUCE TAYLOR TAYLOR TAYLOR TAYLOR TAYLOR & & & & BAKER BAKER BAKER BAKER BAKER BOOK BAKE" NUMBER 10-15210-4303 10-15210-4303 10-15210-4303 10-15210-4303 10 -15210 -4303 10-15210-4304 10-:5210-4304 10-15210-4304 10-15210-4304 10-15210-4304 1C-15210-4304 10-15220-4303 1C-15220-4303 10-15220-4303 10-15225-4303-1522 10-15310-4304 10-15310-4304 10-15320-4303 10-15320-4303 10-15410-4240 10-15430-4302 10-15440-4303-1507 10-15440-4380-1551 10-15440-4380-1551 10-17110-4302 10-17210-4310 10-17210-4310 10-17210-4310 10-17240-4301 10-17290-4302 10-17290-4365 10-17290-4410 ACCOUNT NAME CIRCULA CIRCULA CIRCULA MAIN LIBRARY CIRCULA PROJECT READ LEARNING CENTER LEARNING CENTER GRAN CENTER GRAN CENTER GRAN COMM SENIOR CENTERS SENIOR CRNTERS LEARNING RECREATION RECREATION ADMINISTR RECREATION ADMINISTR RECREATION ADMINISTR SPORTS & A~HLETICS ~RNTOR CRNTERS SE CIRCULA CIRCULA CIRCULA CIRCULA CIRCULA r<TD0TTT 1\ '-..l.-!"-'-V..LU1. CIRCULA CHI LORE CHI LORE LIBRARY CHILDRE WEST ORANGE CHILDREN GRAND AVE OPERATIONS GRAND AVE OPERATIONS GRAND AVENUE CHILDRE GRAND AVENUE CHI LORE & T TDD7\DV W..l.-LJ!'\.r1.!'--'- LIBRARY LIBRARY LIBRARY LIBRARY MAIN LIBRARY MAIN MAIN r1AIN MAIN LIBRARY MAIN LIBRARY MAIN LIBRARY LIBRARY LIBRARY MAIN MAIN LIBRARY LEARNING PROGRfuVj MAIN 'lAIN 1.,r1...!..!'l MAIN CITY OF FRANCISCO WARRANT DISBURSEMENT REPORT SAN SO 8 PAGE -03 2 03 CK DATE 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 CK # 118218 118218 118350 118296 118296 118296 118339 118339 118317 118316 118320 118321 118319 118318 118342 118193 118175 118183 118176 118341 118179 118187 118177 118217 118291 118299 118154 118178 118333 118343 118333 118319 BLDG MAINT SUPPLIES BLDG MAINT SUPPLIES BLDG MAINT SUPPLIES BLDG MAINT SUPPLIES BLDG MAINT SUPPLIES BLDG MAINT SUPPLIES PARS EMPLOYEE 3/20/08 EMPLOYER 3/20/08 UNION DED 3/20/08 N DUES 3/20/08 PR N DUES 3/20/08 PR RIBUTION 3/20/08 PR N DUES 3/20/08 PR N DUES 3/20/08 PR 'RIBUTION 3/20/08 PR 'RIBUTION 3/20/08 PR ISHMENT 3/20/08 PR ISHMENT 3/20/08 PR .ISHMENT 3/20/08 PR IISHMENT 3/20/08 PR IISHMENT 3/20/08 PR IISHMENT 3/20/08 PR IISHMENT 3/20/08 PR IISHMENT 3/20/08 IISHMENT 3/20/08 IISHMENT 3/20/08 IISHMENT 3/20/08 IISHMENT 3/20/08 :NDENT CARE 3/20/ PR :REMENT HEALTH SA NGS :CAL CARE 3/20/08 R )N DUES 3/20/08 P INVOICE/DESCRIPTION PR PR PR PR PARS AMOUNT 71 41 35 54 46 50 76 76 31 91 00 61 61 72 13 39 92 06 23 00 20 54 77 31 54 74 53 92 67 87 36 00 57 276 164 225 125 111 461 290 152 233 222 245 276 892 143 100 576 2 2 2 551 882 221 677 677 677 858 858 811 904 867 22 215 993 77 2 3 CHEMICAL CHEMICAL . RODUCTS INC INC INC VENDOR NAME GOLDEN GOLDEN WEST ROYAL ROYAL ROYAL ACCOUNT NUMBER 54 1 1 14 2 UNION BANK OF CALIFORN UNION BANK OF CALIFORN SSF EMPLOYEES SSF ~7\:.FSCME LOCAL SSF STATIONARY SSF WIDOWS & ORPHANS SSF POLICE ASSOCIATION SSF INTERNATIONAL UNITED WAY COMMUNITY HEALTH ADMINISTRATORS VANTAGEPOINT TRANSFER ADMINISTRATORS POLICE ASSOCIATION 1569 CHARI TLC TLC SSF 11-00000-1302 11-00000-1302 11-00000-1302 11-00000-1302 11-00000-1302 11-00000-1302 12-00000-2005 12-00000-2005 12-00000-2012 .,...., nr.A^" ""1\"",) .1. L. - l! V V \J 'i - L. V...l.....) 12-00000-2014 12-00000-2015 12-00000-2016 12-00000-2017 12-00000-2018 12-00000-2019 12-00000-2021 12-00000-2021 12-00000-2021 12-00000-2021 12-00000-2021 12-00000-2021 12-00000-2021 12-00000-2021 12-00000-2021 12-00000-2021 12-00000-2021 12-00000-2021 12-00000-2022 12-00000-?0?? 12-00000-2022 12-00000-2025 EXPENSE ACCT EXPENSE ACCT EXPENSE ACCT EXPENSE ACCT EXPENSE ACCT EXPENSE ACCT EXPENSE ACCT EXPENSE ACCT EXPENSE ACCT EXPENSE ACCT EXPENSE ACCT EXPENSE ACCT EXPENSE ACCT EXPENSE ACCT EXPENSE ACCT EXPENSE ACCT EXPENSE ACCT EXPENSE ACCT EXPENSE ACCT EXPENSE ACCT ACCT ACCT ACCT ACCT ACCT ACCT ACCT ACCT ACCT 1\CC'I' ACCT ACCT PROGRAM NAI"lE NON NON NON NON NON NON NON NON NON NON EXPENSE NON EXPENSE EXPENSE EX1"ENSE EXPENSE EXPENSE EXPENSE EXPENSE EXPENSE EXPENSE EXPENSE NON EXPENSE NON l'-TON NON NON NON NON NON NON NON NON NON NON NON NON NON NON NON NON NON NON CITY SO SAN FRANCISCO WARRANT DISBURSEMENT REPORT OF 9 PAGE ou 27 03 CK DATE 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 # 118318 118327 118238 118216 118247 118311 118244 118244 118267 118209 118169 118244 118240 118352 118186 118186 118188 118159 118184 118239 118245 118184 118294 118285 118286 118171 118351 118174 118329 118349 118349 118309 CK INVOICE/DESCRIPTION UNION DUES 3/20/08 PR UNION DUES 3/20/08 PR PETTY CASH/CHANGE FUND REIMB MULTI-CULT DECORATION EXPENSES AUDIT SERVICES FOR FY ENDING JUNE 30 ENCROACHMENT DEP REFUND ENCROACHMENT DEP REFUND ENCROACHMENT DEP REFUND ENCROACHMENT DEP REFUND ENCROACHMENT DEP REFUND ENCROACHMENT DEP ~~~mm ENCROACHMENT DEP ENVIR REVIEW SERV 50 GATEWAY SITE INSPECTIONS, REPORTS, MEETINGS FOR MITI SERVICES DURING C CTION OF OYSTER POINT HOOK FINAL WORK ON DES OYSTER POINT FLYOVER (EXTR TRAFFIC IMPROVEME OYO DR NOTICE INVITING S BID CONSULTING SERVIC WEEN THE CITY OF SOUTH SAN TO PROVIDE GEOTEC OBSERVATION AND TERSTING S ARCHITECTURAL & E RING SERVICES FOR THE PREPA CENTENNIAL WAY PH & III - LINEAR PARK TRAIL BART LINEAR PARK E I IMPROVEMENTS - FEDERAL, 10% RETENTION-ROB BOTHMAN INC OMP REC CENTER PH .TA LINES ORANGE MEMORIAL P :CREATION BUILDING PROJECT-M MEMORIAL P :CREATION BUILDING PROJECT- MEMORIAL P :CREATION PROJECT BID NO L 3 ADA CO~ ' EMERG PHONES GREENS MAl VICES GREENS VICES URVEYS-B 24 2007 .1'\.J..;,u.-u.nJ-J REFUND NT MAINT ORANGE AMOUNT 337.94 526.20 400.00 574.23 869.12 300.00 150.00 150.00 150.00 800.00 500.00 150.00 687.50 620.56 347.50 959.43 105.00 483.08 026.95 250.50 781.12 785.51 121.01 791.22 738.43 347.00 186.00 362.30 820.83 785.00 710.00 250.00 1 1 4 7 5 7 106 11 5 17 16 4 4 4 1 VENDOR NAME SSF INTERNATIONAL TEAMSTER LOCAL 856 KENNEDY, SUSAN GARBARINO, ELAINE MAZE & ASSOCIATES SMELLY MEL'S PLUMBING LINDSTROM CO LINDSTROM O'GRADY PI. lNG, INC EXARO TECH LOGIES COR BOTHWELL C STRUCTION LINDSTROM WOLL IN IN IN ALLISON CH2M HILL/T Y LIN CH2M HILL/T Y LIN CHRISP COMPANY ANG NEWSPAPER CALLANDER ASSOCIATES KLEINFELDER INC MARCY WONG & DONN LOGA CALLANDER ASSOCIATES ROBERT A BOTHMAN, INC PRIVATE BANK OF THE PE PROFESSIONAL COMMUNICA BRADY AIR CONDITIONING WESTER ACOUSTICS INC C&C PAINTING & DECORAT TELECOMMUNICATIONS ENG WEST COAST ARBORIST WEST COAST ARBORIST SKYLINE ENGINEERING CO KNAPP WRA ACCOUNT NUMBER 12-00000-2025 12-00000-2027 18-07118-3750-0832 18-07118-4390-0832 29-10310-4201 40-00000-2304 40-00000-2304 40-00000-2304 40-00000-2304 40-00000-2301 40-00000-2304 40-00000-2304 40-10414-4201 50-13231-4210-9710 50-13231-4210-9710 50-13231-4210-9715 51-13231-4210-0012 51-13231-4230-0802 51-13232-4201-0523 51-13232-4201-0526 51-13232-4201-0526 51-13232-4201-0724 51-13232-4210-0523 51-13232-4210-0523 51-13232-4210-0526 51-13232-4210-0526 51-13232-4210-0526 51-13232-4210-0526 51-13232-4360-0524 51-13232-4360-0725 51-13232-4360-0725 51-13232-4360-0823 P P P p P P P P P P P P P i~AM2 ,\JON EXPENSE ACCT NON EXP~NSE ACCT CENTENNIAL CELEBRATI CENTENNIAL CELEBRATI CDBG ADMINISTRATION NON EXPENSE ACCT EXPENSE EXPENSE EXPENSE ACCT T":'VrlT:1l'\TC'D 7\"".... .D.L\.r l.:.d.~.J.L.:J .Mo.'--'---... EXPENSE ACCT EXPENSE -- DEV. INFRASTR GENERAL INFRASTR GENERAL INFRASTR GENERAL INFRASTR GENERAL INFRASTR FACILITIES CAPIT CAPIT CAP IT CAP IT CAPIT CAP IT CAP IT CAPIT CAPIT CAP 1'1 CAPIT CJ\PT1 CAP 11 CAP11 ACCT ACCT ACCT PROGRM NON NON NON J.'\IVl.'I; NON NON PLANNING GENERAL FACILITIES FACILITIES FACILITIES FACILITIES FACILITIES FACILITIES FACILITIES FACILITIES FACILITIES FACILITIES F_~..CILITIES FACILITIES FACILITIES CITY OF SO SAN FRANCISCO WARRANT DISBURSEMENT REPORT 10 PAGE 05 27 03 CK DATE 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 # 118338 118224 118271 118199 118239 118239 118239 118239 118239 118239 118197 118197 118265 118233 118190 118258 118182 118353 118354 118233 118264 118275 118203 118158 118167 118268 118322 118322 118282 118322 118162 118322 CK INVOICE/DESCRIPTION LICENSE AGREEMENT TYLER SOFTWARE PRODUCTS NEW HUMAN RESOURCES/PAYROLL SOFTWARE MODULES/SERVI ERGONOMIC ITEMS FOR HIGHLINE STAFF WET WEATHER PHASE I CONSTRUCTION MANAGEMENT AND IN MATERIALS TESTING AND ENVIRONMENTAL MONITORING/SAM MATERIALS TESTING AND ENVIRONMENTAL MONITORING/SAM MATERIALS TESTING AND ENVIRONMENTAL MONITORING/SAM MATERIALS TESTING AND ENVIRONMENTAL MONITORING/SAM MATERIALS TESTING AND ENVIRONMENTAL MONITORING/SAM MATERIALS TESTING AND ENVIRONMENTAL MONITORING/SAM ONE TON MONORAIL SYSTEM AS PUMP HOUSE TON MONORAIL SYSTEM AS HOUSE RETENTION-JMB CONSTRUCT AIR OF TRENCH AT 130/148 CON ST - WW PH I - RETENTION-MOUNTAIN CASC INC USTRIAL SEWAGE PUMPING S ON NO. 4 REHAB PROJ TALL 2" WATER SVC/ABANDO WATER SVC STRUCTION OF WW PH II - RAL AREA #0556 RETENTION-KJ WOODS CONST ION STRUCTION OF WET WEATHER BE RETENTION-JMB CONSTRUCT STRUCTION TRAILER RENTAL 08-COPIER ZC20 LEASE :KLY UNIFORM SVC 'ICE OF VIOLATION ( 08 COPIER USAGE 'ICE SUPPLIES 'ICE SUPPLIES IF/MEETING SUPPLIES 'ICE SUPPLIES NKING WATER SVC 'ICE SUPPLIES PRO AREA II-WEST PUMP NOV) ONE AMOUNT 00 00 15 00 72 15 61 10 07 14 91 10 34 02 85 63 00 09 79 68 63 21 12 49 00 20 96 37 32 12 03 38 480 200 69 260 850 243 066 162 711 567 180 510 131 182 979 818 000 080 635 450 605 265 114 397 850 4 177 199 76 193 84 82 1 10 6 6 10 7 19 29 269 4 848 44 239 26 16 2 15 INC INC SERVICES SERVICES SPR KLEINFELDER KLEINFELDER KLEINFELDER KLEINFELDER CRANE AMERICA CRANE AMERICA NORTH VALLEY BANK JMB CONSTRUCTION CITY NATIONAL BANK MOUNTAIN CASCADE, INC CALIFORNIA WATER SERVI KJ WOODS CONSTRUCTION PENINSULA BANK OF COMM JMB CONSTRUCTION INC NORTH VALLEY BANK PACIFIC MOBILE STRUCTU DE LAGE LANDEN PUBLIC AMERIPRIDE UNIFORM SER BAY AREA AIR QUALITY M OCE IMAGISTICS INC STAPLES CREDIT PLAN STAPLES CREDIT PEREZ, OLGA STAPLES CREDIT ARROWHEAD MOUNT STAPLES CREDIT INC PLAN INC VENDOR NAME TYLER TECHNOLOGIES HIGH LINE CORP OFFICE RELIEF CSG CONSULTANTS KLEINFELDER INC KLEINFELDER INC INC INC INC .l\CCOUNT NUMBER 51-16110-4201-0240 51-16110-4201-0240 51-16110-4301-0240 71-13235-4201-0351 71-13235-4201-0556 71-13235-4201-0556 71-13235-4201-0556 71-13235-4201-0560 71-13235-4201-0560 71-13235-4201-0550 71-13235-4210-0351 71-13235-4210-0351 71-13235-4210-0351 71-13235-4210-0351 71-13235-4210-0352 71-13235-4210-0352 71-13235-4210-0352 71-13235-4210-0556 11-13235-4210-0556 71-13235-4210-0560 71-13235-4210-0560 71-13235-4302-0352 71-13910-4210 71-13910-4210 71-13910-4220 71-13910-4250 71-13910-4302 71-13910-4302 71-13910-4302 71-13910-4302 71-13910-4302 71-13910-4302 NAME INFORMATION TECHNOLO INFORMATION TECHNOLO INFORMATION TECHNOLO SANITARY SEWER CAPIT SANITARY SEWER CAPIT SEWER CAPIT SEWER CAPIT CAPIT CAPIT CAPIT SEWER CAPIT SEWER CAPIT SEWER CAPIT SEWER CAPIT SEWER CAPIT SEWER CAPIT ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADlJIINISTRATION .lmMINISTR.l\TTON ADMINISTRATION ADMINISTRATION SEWER CAPIT SEWER CAPIT roDT.TT':'n 07\TlT'T' .:l.c..n.c..l'\. ......rl..r-..l....J. SEWER CAPIT SEWER CAPIT SEWER CAPIT SEWER SEWER SEWER SANITARY SANITARY SANITARY SANITARY SANITARY SANITARY SANIT.l\RY SANITARY SANITARY SANITARY SANITARY SANITARY SANITARY SANITARY SANITARY SA.c"HTARY .....7I"TTrT'>"7\"'T ,:::Ii-\..J.\I.L l.r:..l'\.~ PROGRAIJI WQCP WQCP WQCP WQCP WQCP WQCP WQCP WQCF WQCP WQCP FRANCISCO REPORT CITY OF SO WARRANT DISBURSEMENT SAN 11 PAGE U3-2 CK DATE 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 CK # 118220 118277 118254 118254 118221 118221 118248 118256 118256 118204 118204 118204 118204 118204 118305 118248 118157 118322 118155 118234 118234 118148 118155 118290 118221 118148 118236 118290 118234 118273 118160 118160 INVOICE/DESCRIPTION 3/20 REIMB EXPENSE REIMB MISC EXP REIMB CERT REVIEW EXP LIGHTING-ADMIN LIGHTING-ADMIN SWITCHES MATERIALS-SENSOR SERVICE RODENT CONTROL FY PEST CONTROL PEST CONTROL PEST CONTROL RODENT CONTROL FY REPAIR SVC-SEWER WINDSOCK SEWAGE PUMP REPAIR PRINTER CARTRDIGES/PAPER AUTOMATION REPAIRS REIMB BLDG BLDG 07-08 07-08 PUMP EXP TOOLS TOOLS SUPPLIES AUTOMATION REPAIRS BLOWER#3 COUPLING GUARD AERATION BLOWER PRE-FILTERS SUPPLIES BLOWER-MOTOR MATERIALS TOOLS SODIUM HYPOCHLORITE ANALYTICAL EQUIPT SEALANT AMOUNT 110 170 197 216 141 181 31 223 181 19 48 362 19 43 287 299 643 180 381 800 223 00 00 55 14 27 90 83 34 52 58 40 58 58 90 75 55 00 71 04 78 86 38 08 93 80 36 37 40 46 68 34 75 93 762 323 143 504 L 105 91 471 670 211 76 INC PROD GORDON PARTIN MILLER MILLER GRAINGER GRAINGER MCMASTER-CARR SUPPLY C MOBILE CALIBRATION SER MOBILE CALIBRATION SER DEWEY PEST CONTROL DEWEY PEST CONTROL DEWEY CONTROL DEWEY CONTROL DEWEY CONTROL SHAPE RPORATED MCMAST ARR SUPPLY C AMERIC EALS WEST IN STAPLE EDIT PLAN ALAMED ECTRICAL DIS K-119 ALIFORNIA K-119 'ALIFORNIA A-I MI INC ALAMEI: ,ECTRICAL DIS R A ME PRODUCTS INC GRAING MI VENDOR NAME ARRAN GLEN QUINN QUINN PEST NUMBER A-I INC KAMAN INDUSTRIAL R A METAL PRODUCTS K-119 OF CALIFORNIA OLIN CHLOR ALKALI APPLIED INDUSTRIAL APPLIED INDUSTRIAL 71-13910-4310 71-13910-4330 71-13910-4330 71-13910-4330 71-13910-4360 71-13910-4360 71-13910-4365 71-13910-4390 71-13910-4390 71-13922-4220 71-13922-4220 71-13922-4220 71-13922-4220 71-13922-4220 71-13322-4360 71-13922-4360 71-13930-4365 71-13941-4302 71-13941-4365 71-13941-4365 71-13941-4365 71-13941-4365 71-13941-4365 71-13942-4365 71-13942-4365 71-13942-4365 71-13942-4365 71-13942-4365 71-13943-4365 71-13944-4102 71-13944-4365 71-13944-4365 ACCOUNT NAME ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADI>1INISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION AND GROUNDS STATI PRIMARY TREATMENT PRIMARY TREATMENT AND GROUNDS AND GROUNDS PUMP AND GROUNDS AND GROUNDS AND GROUNDS AND GROUNDS ROADS ROADS ROAD ROADS ROADS ROADS ROADS ROADS 2ROGRAM WQCP WQCP WQCP WQCP WQCP WQCP WQCP WQCP WQCP SHAW PRIMARY TREATMENT PRIMARY TREATMENT PRIMARY TREATMENT PRIMARY TREATMENT SECONDARY TREATMENT SECONDARY TREATMENT SECONDARY TREATMENT SECONDARY TREATMENT SECONDARY TREATMENT SLUDGE HANDLING/DIGE CHLORINJ'l..TION CHLORINATION CHLORINATION FRANCISCO REPORT CITY OF SO SAN WARRANT DISBURSEMENT 12 CK DATE PAGE -08 7 03 - 2. 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 CK # 118151 118347 118287 118314 118322 118322 118322 118322 118287 118257 118232 118221 118306 118306 118207 118195 118324 118200 118326 118204 118204 118204 118204 118204 118295 118344 118348 118198 118348 118287 118204 118204 FOR THE MILLER PARKIN SPACE PARKING GARAGE FOR THE MILLER PARKIN INVOICE/DESCRIPTION WATER ANALYSIS FOR LAB LABORATORY SUPPLIES EXPENSE REIMB SVC CALL-LAB REFRIGERATOR MAGNIFYING GLASS, PRINTER CARTRIDGES INK CARTRIDGES, DIVIDERS MEMO BOOKS, CALENDARS MEMO BOOKS, PRINTER CARTRIDGES EXPENSE REIMB MATERIALS-HOSE FITTINGS/NOZZZLES INSTALL CUTLER HAMMER SOFTSTART SAFETY SWITCHES SODIUM BISULFITE, BID 2447 SODIUM BISULFITE, 2447 LATERAL REPL GRANT 1MB LATERAL REPL GRANT 1MB MILEAGE EXP REIMB MILEAGE EXP REIMB LEASE CONTRACT KYO A FY 07-08 RODENT CONTROL FY 08 RODENT CONTROL FY 08 RODENT CONTROL FY 08 RODENT CONTROL 08 RODENT CONTROL 08 BUS INESS CARDS - R :OMMISS lONER CELL PHONE CHAR E DESIGN PROFESS I P IERVICES TRAFFIC STUDY - F ISED 287 DESIGN PROFESSI 1 :ERVICES EXPENSE REIMB RODENT CONTROL RODENT CONTROL BID 07-08 07-08 FY FY AMOUNT 40 01 00 49 65 57 62 61 00 89 73 25 50 81 00 00 18 43 32 07 68 55 45 07 39 77 00 00 55 00 13 05 47 320 175 412 092 984 100 080 600 100 18 43 299 43 797 96 106 43 47 37 62,400 1, 165 605 175 133 329 9,347 1,235 175 179 285 423 9 3 3 2 2 CALI INC DEWEY DEWEY PEST DEWEY PEST ROCKY POINT LLC VERIZON WIRELESS WATRY DESIGN, INC CRANE TRANSPORTATION G WATRY DESIGN, INC PRUDHEL, CASSANDRA DEWEY PEST CONTROL DEWEY PEST CONTROL VENDOR NAME ACCUTEST NORTHERN VWR INTERNATIONAL PRUDHEL, CASSANDRA SOUTH CITY REFRIGERATI STAPLES CREDIT PLAN STAPLES CREDIT PLAN STAPLES CREDIT STAPLES CREDIT PRUDHEL, CASSAN MOSS RUBBER JDI ELECTRICAL ICE GRAINGER SIERRA CHEMICAL SIERRA CHEMICAL ENRIQUEZ, ARMAN ND CORNETT, JAMES STUPI, DON CUTAJAR, BRANDC MES TBS -MBA OF CALI IIA DEWEY com com CON1 CON1 CON1 PLAN PLAN PEST PEST PEST DEWEY ACCOUNT NUMBER 71-13951-4201 71-13951-4302 71-13951-4330 71-13951-4365 71-13953-4302 71-13953-4302 71.13953-4302 71 13953-4302 71-13953-4330 71-13962-4360 71-13962-4365 71-13962-4365 71-13964-4302 71-13964-4302 71-14320-4207-0760 71-14320-4207-0760 71-14320-4310 71-14320-4310 71-14320-4820 71-14321-4220 71-14321-4220 71-14321-4220 71-14321-4220 71-14321-4220 72-10610-4301 72-10610-4410 72-13236-4201-0770 72-13236-4201-0770 72-13236-4201-0770 74-13810-43~O 74-14430-4220 74-14430-4220 PROGRAM NAME PROCESS CONTROL PROCESS CONTROL PROCESS CONTROL PROCESS CONTROL INDUSTRIAL WASTE INDUSTRIAL WASTE INDUSTRIAL WASTE INDUSTRIAL WASTE INDUSTRIAL WASTE SLUDGE DEWATERING / SLUDGE DEWATERING / SLUDGE DEWATERING / DECHLORINATION DECHLORINATION SEWER ADMINISTRATION SEWER ADMINISTRATION SEWER ADMINISTRATION SEWER ADMINISTRATION SEWER ADMINISTRATION PROJ PROJ hDMINIST DRAINAGE DRAINAGE AND AND AND AND PRO PRO PRO PRO PRO SEWER MAINTENANCE SEWER MAINTENANCE SEWER MAINTENANCE SEWER MAINTENAl,CE SEWER MAINTENANCE PARKING DISTRICT OPE PARKING DISTRICT OPE PARKING CAPITAL PROJ PARKING CAPITAL PARKING CAPITAL STOR~.1 \'IATER CITY OF SO SAN FRANCISCO WARRANT DISBURSEMENT REPORT 13 CK DATE PAGE /I CK 05-27-08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 118204 118204 118204 118290 118329 118328 118225 118270 118270 118270 118293 118272 118345 118303 118344 118270 118270 118283 118283 118283 118283 118283 118283 118283 118283 118283 118283 118283 118283 118283 1Il:lIb4 118164 SYSTE INVOICE/DESCRIPTION RODENT CONTROL FY 07-08 RODENT CONTROL FY 07-08 RODENT CONTROL FY 07-08 DRAINAGE/STORM SUPPLIES TELECOMMUNICATIONS ENGINEERING AND TELEPHONE TEMP IT HELP W/E 2/I5-WOLDEMICHAEL 2008 MEMBERSHIP DUES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES SOFTWARE SUPPORT SERVICES COMP POWER SUPPLIES PAYROLL SOFTWARE-IT DEPT INTERNET ACCESS SVCS CELL PHONE CHARGES OFFICE SUPPLIES OFFICE SUPPLIES ELECTRIC SERVICE GAS/ELECTRIC SERVICE ELECTRIC SERVICE GAS SERVICE ELECTRIC SERVICE ELECTRIC SERVICE GAS SERVICE SERVICE CTRIC SERVICE :CTRIC SERVICE :CTRIC SERVICE :CTRIC SERVICE :CTRIC SERVICE CHARGES CHARGES GAS PHONE PHONE AMOUNT 54 13 45 03 81 00 00 58 99 32 47 72 36 43 43 29 96 28 24 03 84 17 29 80 60 24 72 13 59 40 31 06 465 133 298 627 970 256 150 160 326 83 792 162 833 621 173 43 30 15 120 167 267 56 75 6 303 38 77 34 120 405 68 374 2 10 7 4 1 1 INC ENG NET ASS CITY OF INC INC INC VENDOR NAME CONTROL CONTROL DEWEY PEST CONTROL R A METAL PRODUCTS TELECOMMUNICATIONS SYSTEMS CUSTOMER INC PG&E COMPANY PG&E COMPANY PG&E COMPANY PG&E COMPANY PG&E COMPANY PG&E COMPANY PG&E COMPANY PG&E COMPANY PG&E COMPANY PG&E COMPANY PG&E COMPANY PG&E COMPANY PG&E COMPANY AT&T AT&T INC INC PEST PEST POT DEPOT DEWEY DEWEY ACCOUNT NUMBER 74-14430-4220 74-14430-4220 74-14430-4220 74-14430-4302 75-16110-4201 75-16110-4201 75-16110-4302 75-16110-4302 75-16110-4302 75-16110-4302 75-16110-4364 75-16110-4365 75-16110-4365 75-16110-4410 75-16110-4410 75-16310-4201 75-16310-4201 76-06120-4401 76-06120-4401 76-06120-4401 76-06120-4401 76-06120-4401 76-06120-4401 76-06120-4401 76-06120-4401 76-06120-4401 76-06120-4401 76-06120-4401 76-06120-4401 75-06120-4401 76-06120-4410 76-06120-4410 PROGRAM NAME DRAINAGE DRAINAGE DRAINAGE DRAINAGE INFORMATION TECHNOLO INFORMATION TECHNOLO INFORMATION TECHNOLO INFORMATION TECHNOLO INFORMATION TECHNOLO INFORMATION 'l'BCHNOLO INFORMATION TECHNOLO INFORMATION TECHNOLO INFORMATION TECHNOLO INFORMATION TECHNOLO INFORMATION TECHNOLO GIS GIS PAYMENTS/REV PAYMENTS/REV PAYMENTS/REV PAYMENTS/REV PAYMENTS/REV PAYMENTS/REV PAYMENTS/REV PAYMENTS/REV PAYMENTS/REV PAYMENTS/REV PAYMENTS/REV PAYMENTS/REV C'I.,..'tndT':'l\.T'T'C' 10011 r~.l-l'LL';'1.'<.l-"""1 ~'--.L.J v PAYMENTS/REV PAYMENTS/REV UTILITY UTILITY UTILITY UTILITY UTILITY UTILITY UTILITY UTILITY UTILITY UTILITY UTILITY UTILITY UTILITY UTILITY UTILITY CITY OF SO FRANCISCO WARRANT DISBURSEMENT REPORT SAN 14 CK DATE PAGE CK # 03-27-08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 03/26/08 118312 118260 118260 118337 118149 118181 118181 118323 118173 118173 118173 118173 118301 118180 118214 118213 118211 118329 118329 STATIONS STATIONS #2500 ITEMS ITEMS BRACED RAILING CUSTOM SOFTWARE DEVELOPMENT ONSITE TELECOM ENG SVCS FOR FIRE FIRE SVC SUPPLIES SILVERADO PASS THRU THRU THRU THRU $SES INVOICE/DESCRIPTION CAR WASHES FLEET DELIVERY GAS/DIESEL TO DELIVERY GAS/DIESEL TO APR08 W/C CLAIMS ADMIN VEH REPL MAINT SERVICES VEH REPL-SUPPLIES VEH REPL-WINCH 2008 BID BID PROMO PROMO KNEE PASS CHEVROLET ASSESSMENT ASSESSMENT BID ASSESSMENT BID ASSESSMENT MAR08 SENIOR BUS MSB COFFEE MACH AMOUNT 769.10 083.64 000.15 315.42 551.50 724.19 493.85 621.66 611.90 275.40 170.10 118.75 656.54 51.95 258.15 186.16 153.68 250.00 550.25 2 L 7 1 28 1 5 2 5 10 .=, GRO ENG ENG VENDOR NAME SOUTH CITY CAR WASH NELLA OIL COMPANY NELLA OIL COMPANY TRISTAR RISK MANAGEMEN A-I RHINO LININGS LLC CALIFORNIA CLASSIC VAN CALIFORNIA CLASSIC mn STEWART AUTOMOTIVE BURLINGAME, CITY OF BURLINGAME, CITY OF CITY OF CITY OF :OUNTY TF IA WDUCTS WMOTIONE [TIES INC [CATIONS [CATIONS BURLINGAME, BURLINGAME, NUMBER -4210 -4366 -4366 07410-4351 79-07511-4210 79-07511-4302 79-07511-4302 79-07511-4760 81-00000-2131 81-00000-2131 81-00000-2131 81-00000-2131 81-00000-2876 81-00000-2880 81-00000-2890 81-00000-2890 81-00000-2890 81-00000-2892 81-00000-2892 76-14910 76-14910 76-14910 77 ACCOUNT PROGRAM NAME CITY GARAGE CITY GARAGE CITY GARAGE SELF-INSURANCE REPLACEMENT REPLACEMENT ACCT ACCT ACCT ACCT ACCT ACCT ACCT ACCT ACCT ACCT ACCT REPLACEMENT VEHICLE REPLACEMENT NON EXPENSE NON EXPENSE n~n EXPENSE EXPENSE EXPENSE EXPENSE EXPENSE EXPENSE EXPENSE EXPENSE EXPENSE VEHICLE VEHICLE VEHICLE .I.~V.l.~ NON NON NON NON INTERVIEW ROOMS 16 439 246 $2 VENDOR TOTAL 16 246,439 $2 GRAND TOTAL RECORDS 435 CITY OF SO SAN FRANCISCO WARRANT DISBURSEMENT REPORT PAGE 1 VENDOR NAME AMOUNT INVOICE/DESCRIPTION CK # CK DATE -~--------- ------ --- ----------- - - - -- - - -- ------- VANTAGEPOINT TRANSFER 2,169.09 RETIREMENT HEALTH SAVINGS 118355 03/28/08 VENDOR TOTAL $2,169.09 GRAND TOTAL $2,169.09 0328-08 PROGRAM NAME ACCOUNT NUMBER ------------ ------------- NON EXPENSE l'_CCT 12-00000-2022 1 RECORDS CITY OF SO SAN FRANCISCO WARRANT DISBURSEMENT REPORT 1 PAGE 0~-08 04 CK DATE 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 CK 118456 118410 118387 118411 118537 118450 118519 118482 118373 118373 118373 118373 118482 118477 118381 118381 118358 118484 118534 118363 118471 118409 118392 118427 118381 118494 118477 118477 118381 118381 118460 118398 PARK RESERV OVERPYMT REFUND REC CLASS FEE REFUND PARK RESERV DEPOSIT REFUND FEE REFUND REC CLASS REFUND REC CLASS REFUND SF BUSINESS TIMES SUBSCRIPTION 4/18 LUNCHEON-CELEBRATING SUE LEMPERT CELL PHONE CHARGES CELL CHARGES CHARGES CHARGES EON-CELEBRATING SUE LEMPERT HOP REG/REFRESHMENT FEE C PLIES L BOOKS R RIDGES E TAL, WATER I CITIZENS ACADEMY CATERING N 1MB CITIZEN ACAD SUPPLIES R ITIZEN ACAD SPR08 P NT CLAIM PROCESSING , RECRUITMENT FURNITURE C PLIES HOP REG/REFRESHMENT HOP REG/REFRESHMENT o OSTING XAMINATIONS I NHOUSE GAS INV A BERSHIP # INVOICE/DESCRIPTION PHONE PHONE PHONE CELL CELL FEE FEE A1V10UNT 405 51 100 60 84 56 73 75 00 00 00 00 80 00 95 00 61 61 89 61 00 00 54 24 00 70 22 94 14 45 42 00 67 97 00 00 95 18 00 00 15 19 275 000 570 32 32 36 32 75 15 41 109 200 689 886 93 291 83 352 500 397 37 15 VENDOR NAME STUART HALLIGAN, SAN FRANCISCO BUSINESS LWV NORTH & CENTRAL SA AT&T MOBILITY AT&T MOBILITY AT&T MOBILITY AT&T MOBILITY LWV NORTH LIEBERT JANICE E CESAR VERONICA EMILIANO ARLENE BILL HINES CRUZ BEAS CRUZ NUMBER SA WHI & CENTRAL CASSIDY & 2 13 AMERICA AMERICA ACCOUNTEMPS MANPOWER INC STANDARD REGISTER COMP ALHAMBRA LA TAPATIA CRISAFI BOGY'S E GROUP SILICON WHI WHI & & DEBBIE HOFBRAU , THE AMERICA DEPOT INC CASSIDY CASSIDY BANK OF AMERICA BANK OF AMERICA JOINT VENTURE CALED OF LIEBERT LIEBERT BANK OF BANK 0 F BANK OFFICE 10-00000-3530 10-00000-3530 10-00000-3530 10-00000-3532 10-00000-3535 10-00000-3535 10-01110-4303 10-01110-4380 10-01110-4410 10-01110-4410 10-01110-4410 10-01110-4410 10-02110-4310 10-02110-4330 10-05110-4301 10-05110-4330 10-06210-4201 10-06210-4201 10-06210-4302 10-07110-4310 10-07110-4380 10-0'7110-4380 10-07110-4380 10-09110-4150 10-09110-4301 10-09110-4301 10-09110-4330 10-09110-4330 10-09110-4330 10-09110-4380 10-10110-4210 10-10110-4310 ACCOUNT PROGRAM NAME EXPENSE EXPENSE ACCT EXPENSE ACCT EXPENSE ACCT EXPENSE 1'_CCT EXPENSE ACCT COUNCIL COUNCIL COUNCIL COUNCIL COUNCIL COUNCIL CLERK ACCT CITY CITY CITY CITY CITY CITY NON NON NON NON NON NON CLERK SER CITY CITY CiTY MANA CITY MANAGER ACCOUNTING ACCOUNTING ACCOUNTING NON - DEPT~INTL-CITYWID NON-DEPTMNTL-CITYWID NON-DEPTMNTL-CITYWID NON-DEPTMNTL-CITYWID HUMAN RESOURCES Hur~AN RESOURCES RESOURCES RESOURCES RESOURCES RESOURCES RESOURCES ECONO COMM DEV EeONO COMM DE\! HUMAN & & FRANCISCO REPORT CITY OF SO SAN WARRANT DISBURSEMENT 2 PAGE 02-08 04 CK DATE 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 CK # 118363 118489 118489 118489 118483 118363 118403 118535 118535 118535 118535 118443 118443 118516 118477 118477 118514 118516 118535 118535 118363 118516 118514 118516 118516 118516 118431 118403 118478 118478 118478 118478 LEGAL LEGAL OFFICE WORK WATER SVC COMPUTER PROG-ACROBAT SUPPLIES SUPPLIES SUPPLIES SUPPLIES PRE-EMP POLYGRAPH SVC PRE-EMP SVC PETTY CA 4/16 WOR /REFRESHMENT WOR /REFRESHMENT ORM- 'Y CA LIES LIES 'LED 'Y CA ,ER S 'Y CA 'Y CA 'Y CA , MAl ITER- TAL CAL CAL CAL INVOICE/DESCRIPTION SVC SVCS-TERRABAY DEVELOPMENT SVCS-TERRABAY DEVELOPMENT SVCS-TERRABAY DEVELOPMENT IN BLDG DIV WATER LEGAL FEE FEE POLYGRAPH 4/16 1'.1'10UN1' 28 207 132 565 220 28 165 64 80 00 00 00 65 06 69 79 02 80 00 00 80 00 00 06 00 79 51 18 04 81 23 96 57 20 47 72 96 16 89 4 36 59 26 86 31 16 23 26 612 478 180 28 960 1, 699 1 2 15 23 40 36 200 200 59 15 15 27 VENDOR NAME RIBACK RIBACK RIBACK JANELLE ALHAMBRA CDW GOVERNMENT INC STAPLES CREDIT PLAN STAPLES CREDIT PLAN STAPLES CREDIT PLAN STAPLES CREDIT PLAN 1'.LHA.'1I3RA MEYERS, NAVE MEYERS, NAVE MEYERS, NAVE MAMMINI GBH POLYGRAPH SERVICES GDH POLYGRAPH SERVICES WHI WHI PLAN PLAN INC INC INC INe & & RONZANI, TINA EMSAR CALIFORNIA CDW GOVERNMENT INC LIFE-ASSIST LIFE-ASSIST LIFE-ASSIST LIFE-ASSIST RONZANI, TINA LIEBERT, CASSIDY LIEBERT, CASSIDY ROCKY POINT LLC RONZANI, TINA STAPI,ES CREDIT STAPLES CREDIT TINA POINT LLC TINA TINA ALHAMBRA RONZANI ROCKY RONZANI RONZANI ACCCUN'C' !-<lJMBER ::'0-10410-4301 10-10413-4206-1305 10-10413-4206-1305 10-10413-4206-1305 10-10520-4210 10-10520-4302 10-10520-4302 10-11110-4301 10.11110-4301 10-11110-4301 10-11110-4301 10-11110-4302 10-11110-4302 10-11110-4302 If)-] 1110-4330 10-11110-4330 10-11110-4340 10-11210-4301 10-11210-4301 10-11210-4301 10-11310-4302 10-11210-4302 10-11210-4302 J.1210-4410 11310-4302 11610-4302 11610-4302 11610-4302 ll610-4302 10-ll610 -4302 10-116!0-4302 10.11610-4302 Nj..1viE INSPFCTION INSPECTION INSPECTION ADMINISTRATIon AmlINISTR-'''TION ADr-1INISTRl'..TION ADMINISTRATION ADMINISTRATION ADMINISTRATION ?L~"N1NG SERVICES PLANNING--DEVELOPER PLANNING n .. DEVELOPER PLANNING -.. DEVEl,OPER RLJI~DING BUILDII<G SUILDING F:iRE PROGRA!'1 ..:'Lr\.L:J FIRE FIRE FIRE FIRE FIRE 1.0 ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION PREVENTION FREVEl>iTION PREVENTION PREVENTION PRE\-ENTION PREVENTIO'J PREVENTION PRFPAREDNES 11: C' r_.L..l.... AT"S Z\LS ALS ALS ALS ALS FIRE FIRE FIRE FJ:RE FIRE FIRE f'IRE DISI\STER FIRE FIRE FIRE CJTY OF SO SAN FRANCISCO WARRANT DISBiJRSEI,mNT REP0.R'T 3 PAGE 04 ~ (i ~ P:kOGRAi'vl NAME CK DATE 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 # 118478 118478 118478 118394 118403 118403 118433 118514 118514 118514 118514 118514 118514 118380 118380 118548 118381 118470 118470 118446 118530 118470 118516 118370 118481 118402 118402 118516 118514 118514 118514 118402 CK NVOTCE/LEr;C:RI i?TION UNIFORM-T KNITTEL UNIFORM-S FOREMAN UNIFORM-D CROSS 2006 ROAD RESCUE TYPE III 2006 EMS COMPUTER EQUIPMENT MED CLAIMS MGMT FEES FASTRAK REPL-BLS AMBULANCE 61 61 SUPPLIES SUPPLIES SUPPLIES PETTY CASH REIMB DRINKING WATER SUPPPLY SUPPLIES SUPPLIES SUPPLIES PETTY CASH REIMB UNIFORM-C SMITH UNIFORM-G MILLER UNIFORM-A OTTOBONI EQUIPMENT USAR USAR AMOUNT 40 37 37 80 80 80 00 02 66 07 17 29 14 40 39 00 00 80 09 15 97 24 42 30 17 79 62 95 38 01 65 96 328 879 155 577 361 -361 200 367 214 14 128 119 41 139 189 180 40 612 749 236 45 16 29 69 50 228 433 14 271 113 21 23 18 15 VENDOR NAME LIFE-ASSIST INC LIFE-ASSIST INC LIFE-ASSIST INC BOUND TREE MEDICAL LLC CDW GOVERNMENT INC CDW GOVERNMENT INC ENWIA, EDWIN ROCKY POINT LLC ROCKY POINT LLC ROCKY POINT LLC ROCKY POINT LLC ROCKY POINT LLC ROCKY POINT LLC PUBLIC PUBLIC SPR AND :-IS SONS POINT LLC POINT LLC POINT LLC CASCADE FIRE AMERICA AMERICA LOWE CASCADE FIRE CASCADE FIRE RONZANI, TINA ROCKY ROCKY ROCKY RONZANI ARROWHEAD S BANC OF BANC OF L 1'1 NUMBER :'0-11610-4302 1U-11610-4302 10-11610-4302 10-11610-4302 10-11610-4302 10-11610-4302 10-11610-4330 10-11610-4340 10-11610-4340 J.O 11610 - 4 3 4 0 10-116~0-4340 10-11610-4340 10-11610-4340 10-11'510-4820 10-11610-4820 10-11611-4201 10-11611-4302 10-11710-4302 10-11710-4302 10-11710-4302 10 11710-4302 10-11710-4302 10-~1710-4302 10-11710-4302 10-11710-4302-1169 10-11710-4302-1169 10-11710-4302-1169 10-11710-4340 10-11710-4340 10-11710-4340 10-11710-4340 10-11710-4365 ACCOUNT ALS ALS ALS ALS _"-LS ALS ALS ALS ALS >T ~ ~w~ ALS ALS ALS ALS ALS BLS BLS SUPPRESSION SUPPRESSION SUPPRESSION SUPPRESSION SUPPRESSION SUPPRESSION SUPPRESSION SUPPRESSION SUPPRESSION SUPPRESSION SUPPRESSION SUPPRESSION STJPPR i=<~~STON SUPPRESSION SUPPRESSION CITY OF SO SAN FRANCISCO WARRANT DISBURSEMENT REPORT 4 PAGE 02~08 0., CK DATE 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 CK # 118470 118470 118470 118376 118516 118516 118481 118481 118516 118530 118498 118498 118516 118516 118516 118474 118421 118421 118435 118541 118421 118406 118507 118507 118421 118421 118421 118438 118457 118448 118428 118421 3FAHPO VIOLENCE VIN# INVOICE/DESCRIPTION SAFETY CLOTHING SAFETY CLOTHING SAFETY CLOTHING HOTEL EXP REIMB PETTY CASH REIMB PETTY CASH REIMB SUPPLIES SUPPLIES PETTY CASH REIMB SUPPLIES SUPPLIES SUPPLIES PETTY CASH REIMB PETTY CASH REIMB PETTY CASH REIMB PRINTER CARTRIDGES PETTY CASH REIMB PETTY CASH REIMB DELIVERY SERVICE CA PENAL CODE CD PETTY CASH REIMB CMA DUES/RECOGNITION AWARDS 5/2 CLASS-BLDG YOUR 911 LIAB 4/24 CLASS-DOMESTIC YOUTH & PETTY CASH REIMB PETTY CASH REIMB PETTY CASH REIMB LEASING PAYMENTS FOR 2007 FORD FUSION 2008-09 MEMBERSHIP RENEWAL CONSULTING-ADULT LRNG THEORY TRNG MESSAGING SERVICES PETTY CASH REIMB SHIELD FAMILY REIMB EXP AMOUNT 46 86 42 90 15 19 57 21 50 84 20 31 69 50 00 77 99 43 33 84 04 00 00 00 32 00 00 98 00 49 79 04 108 286 238 125 39 83 140 16 15 89 29 17 48 8 8 62 9 45 147 102 12 100 98 98 14 4 17 366 55 523 3 132 SONS & SONS SONS LOWE LOWE RONZANI SOUTH CITY LUMBER AND ORCHARD SUPPLY HARDWAR ORCHARD SUPPLY HARDWAR BRUCE W SERVICES CORP LORRAINE VENDOR NAME CURTIS CURTIS CURTIS & AVELLAR, RONALD TINA TINA RONZANI RONZANI RONZANI LEE, JONI DI NAPOLI DI NAPOLI FEDEX THOMSON WEST DI NAPOLI, LORRAINE COMMUNICATIONS MANAGER PUBLIC SAFE' PUBLIC DI NAPO DI NAPO DI NAPO FORD CR IALEFI GRANTHA EASYLIN DI NAPO & TINA TINA TINA TINA LORRAINE LORRAINE L N L N L N RONZANI [WNZANI S S ACCOUNT NUMBER 10-11710-4390 10-11710-4390 10-11710-4390 10-11.720-4320 10.11720-4320 10-11730-4302-1101 10-11730-4302-1102 10-11730-4302-1102 10-11730-4302-1103 10-11730-4302-1103 10-11730-4302-1103 10-11730-4302-1103 10-11730-4302-1104 10-11730-4302-1105 10-11741-4302-1191 10-12223-4301 10-12223-4380 10-12230-4301 10-12310-4301 10-12310-4302 10-12410-4301 10-12410-4310 10-12410-4330 10-12410-4330 10-12620-4301 10-12620-4303 10-12620-4310 10-12520-4370 10-12710-4310 10-12720-4210 10-12720-4210 10-12720-4301 NAME SUPPRESSION SUPPRESSION SUPPRESSION TRAINING TRlI.INING STATION SUPPLIES STATION SUPPLIES STATION SUPPLIES STATION SUPPLIES ""T'>7\,.....,Tt"\1\T C'TTnnT Toe o.J l.rt.L ..LV':'>; ..;JVJ:" J:" .LJ-l..j..;.l....' STATION SUPPLIES ST.l\TION SUPPLIES STATION SUPPLIES STATION SUPPLIES FIRE GRANTS SCHOOL LIAISON SCHOOL LIAISON TRAINING RECORDS RECORDS Cor~MUNI CAT IONS COMMUNICATiONS COI"'lMUNICATIONS COMMUNICATIONS INVESTIGATION INVESTIGATION INVESTIGATION INVESTIGATION PATROL ADMINISTRATIO PATROL PATROL Pl,TROL PROGRAM CITY OF SO SAN FRANCISCO WARRANT DISBURSEMENT REPORT 5 PAGE 08 ,l2 t, CK DATE 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 CK 118506 118506 118506 118506 118506 118421 118421 118421 118421 118546 118467 118467 118467 118467 118467 118363 118373 118369 118369 118369 118369 118369 118369 118414 118447 118447 118447 118530 118530 118452 118395 118395 # BLAST DO BLADE-TECH GREEN LT HAND WITH INVOICE/DESCRIPTION #44203 -25FT XP (EXTRA PENETRATION #44953-BLADE-TECH TEK-LOK HOLSTER #26015-X26E BLACK/BLACKGRIP PLATES PETTY CASH REIMB PETTY CASH REIMB PETTY CASH REIMB PETTY CASH REIMB K-9 CARE CANINE CANINE CANINE CANINE CANINE VET SERVICES VET SERVICES VET SERVICES SERVICES SERVICES VET VET SVC PHONE HANDLING TAX CHARGES SERVICE SERVICE SVC SERVICE SERVICE UNIFORM SERVICE MAINT SVC-STREETS STREET MAINT SUPPLIES ASPHALT STREET MAINT SUPPLIES STREET MAINT SUPPLIES STREET MAINT SUPPLIES STAFF LUNCH EXP REIMB MAINT SUPPLIES MAINT SUPPLIES WATER CELL UNIFORM UNIFORM UNIFORM UNIFORM UNIFORM AMOUNT 159 603 275 499 747 31 20 42 95 76 00 50 50 25 41 35 00 94 49 45 65 49 74 65 30 36 06 65 59 12 55 00 01 23 51 63 01 45 69 69 3 2 40 10 305 688 250 250 226 231 28 47 107 144 204 76 150 70 775 391 378 486 153 40 103 225 2.25 2 1 AS ENFORCEME ENFORCEME ENFORCEME ENFORCEME ENFORCEME LORRAINE LORRAINE LORRAINE LORRAINE SURGICAL VENDOR NAl'<lE LAW LAW LAW LAW LAW PRO FORCE PRO FORCE PROFORCE PRO FORCE PRO FORCE DI NAPOLI DI NAPOLI DI NAPOLI DI NAPOLI VETERI:r-t:l:...RY KKH JNC INC INC INC INC KKH KKH KKH KKH SER SER SER SER SER SER FENCl BROADMOOR LANDSCAPE SU BROADMOOR LANDSCAPE SU ALHAMBRA AT&T MOBILITY UNIFORM UNIFORM UNIFORM UNIFORM UNIFORM UNIFORM & GRANITE ROCK COMPANY GRANITE ROCK COMPANY GRANITE ROCK COMPANY SOUTH CITY LUMBER AND SOUTH CITY LUMBER AND HARDIE. JAMES AMERIPRIDE AMERIPRIDE AMERIPRIDE A.''IERI PRIDE AMERIPRIDE AMERIPRIDE DAN'S DRILLING ACCOUNT NUMBER 10-12720-4390-1286 10-12720-4390-1286 10-12720-4390-1286 10-1272.0-4390-1286 10-12720-4390-1286 10-12721-4301 10-12721-4310 10-12721-4310 10-12721-4330 10-12722-4390 10-12722-4390 10-12722-4390 10-12722.-4390 10-12722-4390 10-12722-4390 10-13210-4302 10-13220-4410 10-14510-4210 10-14510-4210 10-14510-4210 10-14510-4210 10-14510-4210 10-14510-4210 10-14520-4210 10-14520-4302 10-14520-4302 10-14520-4302 10-14520-4302 10-14520-4302 10-14<;?,0-4390 10-14530-4302 10-14530-4302 s S MAINT STREET STREET STREET STREET MAINTENA.'1CE 3TRE~~ MAINTENANCE STREET MAINTENANCE STREET !'vLZ\:!:~!TEN.ZLl\TCE SIDEWALKS CU~BS SIDEWALKS CURBS PATROL T;:i.AF"'IC TRAFFIC TRAFFiC TkAFFIC l...-i-U~.L!'\I.c.. CANInE CAi'HNE CANUTE CANINE CANINE ENGINEBRING DEVELOPMENT ENG TRAFFIC S TRAFFIC TRAFFIC TRAFFIC TRAFFIC S & TRAFFIC S MAIN'l'ENANCE ~lAINTENANCE MAINTENANCE & ~ PATROL PATROL FATROL PA.TROL NAME PROGRAlVl S &. & &. & & GENERAL MAIln MAINT r~AINC' LA."lD ST ST MAINT 5T MAINT ST ST ST CITY OF SO SAN FRANCISCO WARRANT DISBURSEMENT REPORT 6 PAGE 0- 4 o CK DATE 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 CK # 118451 118530 118451 118538 118454 118380 118444 118542 118397 118449 118449 118446 118446 118446 118446 118446 118446 118446 118407 118446 118480 118500 118383 118416 118481 118481 118481 118369 118477 118430 118464 118464 INVOICE/DESCRIPTION u~nS/PARKS ~.,SES REIMB SVCS SVCS FEE & MAINT MAL NT MAL NT AtVJOUNT 513.11 69.73 151.78 560.00 662.50 839.73 13 .68 242.00 97.19 235.72 187.66 21. 04 92.75 60.50 49.62 -40.82 32.64 240.42 9.45 27.11 200.00 63.62 40.20 148.90 54.08 14.08 136.33 36.39 15.00 175.00 59.20 72.10 1 15 1 VENDOR NJI.ME HARBOR READY MIX SOUTH CITY LUMBER HARBOR READY MIX SUNRISE ENVIRONMENTAL HIGHWAY TECHNOLOGIES BANC OF AMERICA PUBLIC GOLDEN GATE BOLT & SUP TRAFFIC PARTS BUCKLES-SMITH ELECTRIC GRAYBAR ELECTRTC CO GRAYBAR ELECTRIC GRAINGER SER WHI GRAINGER GRAINGER GRAINGER GRAINGER GRAINGER GRAINGER CONSOLIDATED ELECTRICA GRAINGER LOUIE, DONALD PATEA, MARIE BATES, MARY DE LUCA, VINCENT LOWE'S LOWE'S LOWE'S AMERIPRIDE UNIFORM LIEBERT, CASSIDY ELSAR INC KD GRAPHICS KD GRAPHICS AND CO & ACCOUNT NUMBER 10-14530-4302 10- JA 530- 4302 10-14530-4302 10-145.10-4302 10-14540-4302 10-14550-4820 10-14560-4302 10-1.1560-4302 10-14560-4302 10-14570-1302 10-14570-4302 10-14570-4302 10-14570-4302 10-14570-4302 10-14570-4302 10-14570-4302 10-14570-4302 10-14570-4302 10-14570-4302 10-14570-4302-1363 10-14610-4330 10-14610-4330 10-14610-4330 10-14610-4340 10-14620-4365 10-14636-4360 10-14636-4360 10 - J.4710 -4210 10-14710-4330 10-14741-4360 10-15110-4210 10-15110-4210 ClROGRAJVl NAME SIDEWALKS SIDEWALKS SIDEWhLKS & TRAFFIC MARKINGS TRAFFIC MARKINGS STREET CLEANING SIGNALS SIGNALS SIGNALS LIGHTING LIGHTING LIGHTING LIGHTING LIGHTING LIGHTING LIGHTING HGHTING LIGETING LIGHTING LIGHTING PARK AuMINISTRATION PARK ADMINISTRATION PARK ADMINISTRATION PARK ADMINISTRATION PARK MAINTENANCE COMMUNITY GI'_RDENS/GR COMMUNITY GARDENS/GR BUILDING rv:AINTENANCE BUILDING MAINTENANCE RECREATTON BUILDING LIBRI'_RY ADMIN/TECHNI LIBRARY ADMIN/TECIINI CuRBS CURBS CURBS & CITY OF SO SAN FRANCISCO WARRANT DISBURSEMENT REPORT 7 CK DATE PAGE CK # 08 02 OLl 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 118464 118464 118525 118396 118419 118378 118378 118378 118378 118378 118378 118378 118378 118378 118378 118378 118378 118378 118378 118378 118378 118378 118378 118378 118378 118378 118441 118378 118378 118490 118490 118510 INVOICE/DESCRIPTION LABELING SVC-LIB LENDING MATERIALS GRAPHIC DESIGN SVCS DOUBLE CD SECURITY CASES BOOKS LIBRARY SUPPLIES BOOKS BOOKS BOOKS-MAIN LIB BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS FOR LIB COLLECTION BOOKS FOR LIB COLLECTION BOOKS FOR LIB COLLECTION BOOKS FOR LIB COLLECTION BOOKS FOR LIB COLLECTION BOOKS FOR LIB COLLECTION BOOKS FOR LIB COLLECTION BOOKS FOR LIB COLLECTION BOOKS FOR LIB COLLECTION BOOKS FOR LIB COLLECTION BOOKS FOR LIB COLLECTION BOOKS FOR LIB COLLECTION BOOKS FOR LIB COLLECTION BOOKS-MAIN LIB BOOKS BOOKS AUDIO VIDEO MATERIALS AUDIO VIDEO MATERIALS AUDIO VIDEO MATERIALS AMOUNT 95 25 02 60 21 94 13 47 53 10 53 65 32 43 75 75 90 82 25 10 51 23 82 55 25 61 06 90 85 70 88 19 18 12 127 103 512 15 65 813 143 307 24 68 135 15 15 15 16 60 51 89 155 42 16 30 73 54 38 16 81 80 10 22 NC ~NC INC INC INC INC INC INC INC INC INC INC INC INC INC INC INC INC INC INC INC INC INC VENDOR NAME KD GRAPHICS KD GRAPHICS SHOWCASES BRODART CO DEMCO SUPPLY INC & TAYLOR I & TAYLOR ' & TAYLOR & TAYLOR & TAYLOR & TAYLOR & TAYLOR & TAYLOR & TAYLOR & TAYLOR & TAYLOR & TAYLOR & TAYLOR & TAYLOR & TAYLOR & TAYLOR & TAYLOR & TAYLOR & TAYLOR & TAYLOR & TAYLOR GROUP, THI & TAYLOR & TAYLOR ST TAPE ST TAPE DED BOOKS BAKER ACCOUNT NUMBER BAKER BAKER BAKER BAKER BAKER BAKER BAKER BAKER BAKER BAKER BAKER BAKER BAKER BAKER BAKER GALE BAKER BAKER 10-15110-4210 10-15110-4210 10-15110-4302 10-15110-4302 10-15110-4302 10-15210-4303 10-15210-4303 10-15210-4303 10-15210-4303 ., r\ - r:::....., n /I J II") .J..V-...L-''''...LV-~-'V...J 10-15210-4303 10-15210-4303 10-15210-4303 10-15210-4303 10-15210-4303 10-15210-4303 10-15210-4303 10-15210-4303 10-15210-4303 10-15210-4303 10-15210-4303 10-15210-4303 10-15210-4303 10-15210-4303 10-15210-4303 10-15210-4303 10-15210-4303 10-15210-4303 10-15210-4303 10-1o;?10-4304 10-15210-4304 10-15210-4304 ADMIN/TECHNI ADlVlIN /TECHNI ADMIN/TECHNI ADMIN!TECHNI ADMIN/TECHNI MAIN LIBRARY CIRCULA MAIN LIBRARY CIRCULA MAIN LIBRARY CIRCULA LIBRARY CIRCULA LIBRARY CIRCULA LIBRARY CIRCULA LIBRARY CIRCULA LIBRARY CIRCULA LIBRARY CIRCULA LIBRARY CIRCULA LIBRARY CIRCULA LIBRARY CIRCULA LIBRARY CIRCULA I L1BRARY CIRCULA r LIBRARY CIRCULA LIBRARY CIRCULA LIBRARY CIRCULA LIBRARY CIRCULA LIBRARY CIRCULA LIBRARY CIRCUL.lI. LIBRARY CIRCULA LIBRARY CIRCULA LIBRARY CIRCULA LIBRARY CIRCULA LIBR]\~RY CIRCDL_Z\ I,IBRARY CIRCULA LIBRARY CIRCULA PROGRALVi NA1'J[~ LIBRARY LIBRARY LIBRARY LIBRARY I,IBRARY MAIN MAH MAIN MAIN CITY OF SO SAN FRANCISCO WARRANT DISBURSEMENT REPORT 8 CK DATE PAGE # -00 04 - J;, 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 CK 118490 118490 118490 118490 118490 118490 118386 118510 118509 118472 118378 118378 118390 118472 118390 118539 118545 118455 118455 118423 118373 118455 118455 118455 118368 118455 118381 118455 118481 118539 118533 118533 OMP POOL INVOICE/DESCRIPTION AUDIO VIDEO AUDIO VIDEO AUDIO VIDEO AUDIO VIDEO AUDIO VIDEO AUDIO VIDEO MATERIALS AUDIO BOOKS RECORDED BOOKS AUDIO BOOKS LEARNING PROGRAM BOOKS FOR LIB COLLECTION FOR GRAND AVE LIB SH BOOKS ING PROGRAM IRENS BOOKS 4/08 LEASE PMT PHONE CHARGES CASH REIMB CASH REIMB FACILITY RENTAL INSUR PHONE CHARGES CASH REIMB CASH REIMB CASH REIMB ;UARD/FIRST AID CERT CLASS , CASH REIMB ~R EGG HUNT CANDY/PRIZES { CASH REIMB nNG SUPPLIES -3/15 COPIER USAGE LIFE LTD MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS PREMIUM PREMIUM INSUR INSUR BOOKS MAR08 MAR08 Al'IOUNT 64 94 81 77 55 52 64 27 26 26 70 74 40 54 56 65 86 78 32 44 54 00 17 00 00 00 56 22 15 36 50 07 232 51 10 115 706 59 638 999 95 135 37 31 149 115 161 315 19 26 56 1, 115 70 75 81 50 88 75 403 97 330 246 9,704 21, 760 VENDOR NAME MIDWEST TAPE MIDWEST TAPE MIDWEST TAPE MIDWEST TAPE MIDWEST TAPE MIDWEST TAPE BBC AUDIOBOOKS RECORDED BOOKS RANDOM HOUSE INC LAKESHORE BAKER & TAYLOR INC & TAYLOR INC GUAL PUBLICATIONS HORE GUAL PUBLICATIONS BA OF CALIFORNIA ON WIRELESS HILL HILL AMERICA CROSS S TBS-MBA OF CALIFORNIA INSURANCE CO INSURANCE CO DIVERSIFIED RISK AT&T I<IOBILITY JANICE JANICE HILL, JANICE AMERICAN RED HILL, JANICE BANK OF AMERICA JANICE STANDARD STANDARD JANICE JANICE BAKER HILL HILL HILL LOWE ]);UMBER 10-15210-4304 10-15210-4304 10-15210-4304 10-15210-4304 10-15210-4304 10-15210-004 10-15210-4304 10-15210-4304 10-15210-4304 lO-1522Q-4301 10-15230-4303 10-15310-4303 10-15310-4304 10-15320-4301 10-15320-4304 10-15430-4251 10-15430-4410 10-17110-4301 10-17110-4302 10-17110-4350 10-17110-4410 10-17210-4310 10-17220-4302 10-17230-4302 10-17230-4330 10-17240-4302 10-17260-4302 10-17260-4302 10-17280-4302-1720 10 -17290 -.4365 12-00000-2023 12-00000-2024 -'';('COUNT SE SE SE & ADM1NISTR PLAYGROUNDS AQUATIC PROGRAM AQUATIC PROGRAM SPORTS & ATHLETICS CLASSES/EVENTS CLASSES/EVENTS CHILDCARE SENIOR CENTERS EXPENSE ACCT EXPENSE ACCT SE N..'ll'lE CIRCULA CIRClJJJA CIRCULA LIBRARY CIRCULA LIBRARY CIRCIJLA MAIN LIBRARY CIRCULA MAIN LIBRARY CIRCVLA MAIN LIBRARY CI~CULA ~AIN LIBRARY CIRCULA LIBRARY CHILDRE i>IBRARY REFEREN CRkND AVENUE CHILDRE LEARNI]);G CENTER LEARNING CENTER RECREATION & COMM RECREATION RECREATION RECREATION RECREATIOr NON NON M.AIN LIBRAPY Ml'_IN LIBRJ'.RY MAIN LIBRARY ~1AIN M!'~IN MAIN Ml\I N GRAND AVE O~ERATIONS GRAND AVE O~ERATIONS GRAND AVENUE CHILDRE COMM COMM COMM & &. eROGRH' CITY OF SO SAN FRANCISCO WARRANT DISBURSEMENT REPORT 9 PAGE 2 :to Oll CK DATE 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 CK # 118532 118493 118462 118382 118476 118379 118528 118401 118463 118436 118466 118485 118420 118473 118473 118473 118520 118473 118473 118473 118489 118489 118489 118489 118489 118489 118489 118489 118489 118489 118489 118489 INVOICE/DESCRIPTION CENTENNIAL EVENT MULTI-CULTURAL EV MULTI-CULTURAL EV~.u MULTI-CULTURAL EVENT 'ENT MULTI-CULTURAL EVENT MULTI-CULTURAL EVENT MULTI-CULTURAL EVENT MULTI-CULTURAL EVENT ENVIRONMENTAL DOC-21 ENVIRONMENTAL DOC-213 NEG DEC FOR 328 P P05-0141 P07-0074) P07-0074) JJECT - NEW DEVELOPER " 2 LITTLEFIELD AVENUE AND (OLD P066514) F ~ EAST JAMIE COURT ( 1333-1361 LOWRIE AV (P05-0139) 348 SHAW RD (P07-0l ) SALVATION ARMY CACR FOR MARBELLA HOUSING PR ECT NEW DEVEI,OPER 222 LITTLEFIELD AVENUE P03-0138 PLAN CACR FOR FED EX GROUND AT CR FOR 333 OYSTER POINT ( CACR FOR GENENTECH MASTER FOR FOR CACR CACR CACR AMOUNT 320.00 300.00 200.00 200.00 213.61 300.00 300.00 300.00 200.00 200.00 300.00 800.00 250.00 440.38 326.90 372.31 50.00 525.22 260.00 986.96 81.00 486.00 129.60 496.80 81.00 108.00 129.60 86.40 162.00 13 5.00 54.00 108.00 DI BONO, RENO LAMPHIER-GREGORY LAMPHIER-GREGORY LAMPHIER-GREGORY SAN MATEO COUNTY LAMPHIER-GREGORY LAMPHIER-GREGORY 10 3 4 NAME SSF SISTER CITY NATIONAL CHINESE MISUZU CULTURAL ELEANOR FOLKLORICO ALMA ENTERPRISES KA'ALA ARTS P COMMIT WUSHU KAI BASQUE LEYVA, BALLET SKORPIO CAOMACK KAWAYAN FOLK FIRPO; STEPHEN KENNELLY SCHOOL OF IRI MARIACHI LOS CACHORROS CENTER VENDOR 7 1 1 RIBACK RIBACK RIBACK RIBACK RIBACK RIBACK RIBACK RIBACK RIBACK RIBACK RIBACK RIBACK L~lPHIER-GREGORY MEYERS MEYERS MEYERS MEYERS MEYERS MEYERS MEYERS MEYERS MEYERS MEYERS MEYERS MEYERS NAVE NAVE NAVE NAVE NAVE NAVE NAVE NAVE NAVE NAVE NAVE NAVE 18-07118-3750-0832 18-07118-4390-0832 18-07118-4390-0832 18-07118-4390-0832 18-07118-4390-0832 18-07118-4390-0832 18-07118-4390-0832 18-07113-4390-0832 18-07118-4390-0832 18-07118-4390-0832 18-07118-4390-0832 18-07118-4390-0832 18-07118-4390-0832 40-10414-4201 40-10414-4201 40-10414-4201 40-10414-4201 10-10414-4201 40-10414-4201 40-10414-4201 40-10415-4206 10-10415-4206 40 10415-4206 40-10415-4206 40-10415-4206 40-10415-4206 40-10415-4206 40-10415-4206 40-10415-4206 40-10415-4206 40-10415-4206 40 10415-4206 NUMBER ACCOUNT PROGRAM NAlVlE CENTENNIAL CELEBP~TI CENTENNIAL CELEBRATI CENTENNIAL CBLEBRATJ CENTENNIAL CELEBRATI CENTENNIAL CELEBRATI CENTENNIAL CELEBRATI CENTENNIAL CELEBP-ATI CENTENNIAL CELEBRATI CENTENNIAL CELEBRATI CENTENNIAL CELBBRATI CENTENNIAL CELEBRATI CENTENNIAL CELEBRATI CENTEm,IAL CELEBRATI PLANNING FUN PLAI":NING PUlliNING DEV DEV FUN FUN FUN FUN FUN DEV DEV PLANNING PLANNING PLANNING DEV DEV PLA."'NING DEV PLANNING-CITY ATTORN PLANNING-CIT~ ATTORN PLANNING-CITY ATTORN PLANNING-CITY ATTORN PLANNING-CITY ATTORN PJ"ANNING-CI1Y ATTORN PLANNING-CITY ATTORN CITY PLANNING-CITY ATTORN PLANNING-CITY ATTORN PLllliNIlIG - CITY ATTORN PLAN!HNG-CITY ATTORN PL~~NING ~TTORN FUI": SO SAN FRANCISCO WARRANT DISBURSEMENT REPORT 10 CK DATE PAGE # CK CITY OF 03 ), 4 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 118489 118489 118393 118504 118505 118504 118515 118459 118415 118415 118415 118415 118505 118465 118489 118517 118363 118363 118369 118424 118522 118511 118511 118488 118373 118373 118373 118446 118446 118446 li8444 118446 -0 B B INSTALLATI DESIGN INVOICE/DESCRIPTION CACR FOR FED-EX FACILITY AT 202 LITTLEFIELD (P06 CACR FOR KAISER - 1330 EL CAMINO REAL - P07-0014 10% RETENTION-RODAN BUILDERS INC MULTIPLE PRIME BID # 2459 FIRE SPRINKLER FIBER NETWORK-OMP REC CENTER MULTIPLE PRIME BID # 2459 FIRE npR: ORANGE MEMORIAL PARK RECREATION STREET MAr'"' SUPPLIES ~T .un~OTm~ LAYSTRUCTURES LAYSTRUCTURES LAYSTRUCTURES LAYSTRUCTURES K-OMP REC CENTER PBX HARDWARE, SOFT~ 'HUNDER ELECT V SSF ITRAL AND LEGAL WW PH WATER WATER UNIFORM CLEANING SERVICE FEB08 COPIERS METER READINGS WORKSHOP REG/MILEAGE EXP REIMB RECORDING PAPER SALES TAX RATE SiB MEDICAL SUPPLIES CELL PHONE CHARGES n~TT PHONE CHARGES PHONE CHARGES ERIES 8/25% SVC SVC AND LAMPS REPLACEMENT PUMP LAMP REPLACEMENTS FUSE FUSES ,-.j..;J.L..J-1.-l CELL AMOUNT 81 783 271 916 295 572 00 00 00 00 35 00 70 29 86 68 93 47 08 27 70 82 73 73 42 63 19 77 30 37 95 60 33 03 17 76 83 75 160 90 214 55 18 65 49 10 28 10 2 2 22 116 10 4 13 14 3 47 456 489 033 673 341 192 443 312 506 254 28 28 266 57 91 591 -1 VENDOR NAME MEYERS RIBACK MEYERS RIBACK BOREL PRIVATE BANK & PRIBUSS ENGINEERING IN PROFESSIONAL COMMUNICA PRIBUSS ENGINEERING IN RODAN BUILDERS INC INTERSTATE TRAFFIC BANG ASSOCIATES BANG ~Z!..SSOCIATES PROFESSIONAL COMMUNICA KELSO COMMUNICATIONS MEYERS, NAVE, RIBACK, ROZZI REPRODUCTION & S T NAVE NAVE DAVE n.... 1 T'C' u.n.-v.&..:> DAVE BANG ASSOCIATES DAVE BANG ASSOCIATES SER COM SUP ALHAMBRA ALHAMBRA AMERIPRIDE UNIFORM DOCUMENT SOLUTIONS SCHUMACHER, BRIAN RECORDER CHARTS & PENS RECORDER CHARTS & PENS MEDCO SUPPLY COMPANY AT&T MOBILITY AT&T MOBILITY AT&T MOBILITY GRAINGER GRAINGER (;RAINGER GOLDEN GATE BOLT & GRAINGER ACCOUNT NUMBER 40-10415-4206 40-10415-4206 51-13232-4210-0526 51-13232-4210-0526 51-13232-4210-0526 51-13232-4210-0526 51-13232-4210-0526 51-13232-4210-0622 51-13232-4302-0824 51-13232-4302-0824 51-13232-4302-0824 51-13232-4302-0824 51-16110-4210-0122 51-16110-4210-0740 71-13235-4206-0351 71-13235-4250-0560 71-13235-4301-0556 71-13235-4301-0560 71-13910-4210 71-13910-4250 71-13910-4330 71-13910-4330 71-13910-4330 71-13910-4390 71-13910-4410 71-13910-4410 71-13930-4410 7] -13932-4365 71-13932-4365 71 13932-4365 71-13932-4365 71-13932-4365 PLANNING-CITY ATTORN PLANNING-CITY ATTORN FACILITIES CAPITAL P FACILITIES CAPITAL P FACILITIES CAPITAL P FACILITIES CAPITAL P FACILITIES CAPITAL P FACILITIES CAPITAL P FACILITIES CAPITAL P FACILITIES CAPITAL P FACILITIES CAPITAL P FACILITIES CAPITAL P INFORMATION TECHNOLO INFORMATION TECHNOLO SANITARY SEWER CAPIT 3ANITARY SEWER - unnn ~u SEWER SEWER MINISER MINISTR 'MINISTR IMINISTR IMINI c,TR l~lINISTR I IMINISTF I IMINISTF I ID PUMP :l'.L PUM! :AL PU:ll =AL PUHl [AL PUM] [AL PUM] PROGRAM NM<iE CAPIT S S u S S < w......~..L .l-.....~'\..l. SANITARY WQCP WQCP WQCP WQCP WQCP WQCP WQCP WQC? CITY OF SO SAN FRANCISCO WARRANT DISBURSEMENT REPORT 11 PAGE 0'1-02-08 CK DATE 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 CK 118526 118487 118526 118361 118468 118364 118364 118461 118442 118440 118385 118412 118508 118367 118502 118502 118417 118469 118432 118389 118512 118518 118439 118529 118369 118369 118369 118369 118369 118369 118369 118369 # INVOICE/DESCRIPTION WELD SLIP SUPPLIES WELD SLIP FLANGE ARGON GAS FOR WELDING GRIT SEPARATOR MOTOR FREIGHT INV 5001638 FREIGHT 5001263 TOOLS GEM CART ALARMS COMP PARTS/SUPPLIES,A/V PIPE & INV FLANGE FROM FROM SUPPLIES CAKE LATEX GLOVES WATER SOFTENER FOR COG EN LABOR/SERVICE CALL TESTING OF SLUDGE/BELT PRESS PETTY CASH REIMB PETTY CASH REIMB NEW COMPUTER-WQCP LATERAL REPLC GRANT REIMB LATERAL REPL GRANT REIMB LATERAL REPL GRANT REIMB LATERAL REPL GRANT REIMB LATERAL REPLACEMENT GRANT DISB LATERAL REPLACEMENT GRANT REIMB LATERAL REPLACEMENT GRANT REIMB UNIFORM SERVICE UNIFORM SYSTEM CLEANING CLEANING CLEANING SERVICE SERVICE SERVICE CLEANING UNIFORM UNIFORM UNIFORM UNIFORM UNIFORM UNIFORM AMOUNT 056.31 170.12 166.81 16.38 405.13 18.88 49.20 151.38 220.30 528.48 240.31 174.71 465.00 995.70 63.51 59.00 102.03 500.00 500.00 592.50 950.00 425.00 400.00 125.00 42.34 2.01 2.01 2.01 42.34 42.34 2.01 2.01 1 1 2 2 1 1 1 1 AND UNIFORM SER UNIFORM SER UNIFORM SER UNIFORM SER UNIFORM SER UNIFORM SER UNIFORM SER UNIFORM SER SIGILLO SUPPLY MCMASTER-CARR SIGILLO SUPPLY AIRGAS NCN KOFFLER ELECTRICAL ALL INDUSTRIAL ELECTRI INDUSTRIAL ELECTRI 19 OF CALIFORNIA '_S INC ELECTRONICS DE ENTERPRISES GAN ACDONALD CO ANALYTICAL LABOR SUPPLY C VENDOR NAME ALL MARKETING L KOKEZAS, PAUL ENRIQUEZ, ARMANDO BIANCHI, GEORGETTE RIVERA, DAVID SALVIEJO, STEVE FRANCESCONI, RONALD SMITH, MICHAEL AMERIPRIDE AMERIPRIDE AMERIPRIDE AMERIPRIDE AMERIPRIDE AMERIPRIDE AMERIPRIDE AMERIPRIDE P OLGA OLGA GAL" FRY'S ALPHA PEREZ PEREZ DELL ACCOUNT NUMBER 71-13932-4365 71-13932-4365 71-13932-4365 71-13941-4365 71-13941-4365 71-13942-4360 71-13942-4360 71-13942-4365 71-13942-4365 ..,., ., -') r'lJI <") /I") CC: 1.,L-.LJJ"t:.::..-"'%.JV-' 71-13943-4365 71-13943-4365 71-13943-4365 71-13951-4201 71-13951-4302 71-13951-4330 71-13953-4365 71-14320-4207-0760 71-14320-4207-0760 71-14320-4207-0760 71-14320-4207-0760 71-14320-4207-0760 71-14320-4207-0760 71-14320-4207-0760 71-14320-4210 71-143;;:0-4210 71-14320-4210 71-14320-4210 71-14320-4210 71-14~20-4210 71-14320-4210 71-14320-4210 NAHE lNGUSTRIAL PU~PING INDUSTRIAL PUMPING INDUSTRIAL PUMPING PRIMARY TREATMENT PRIMARY TREATMENT SECO~DARY TREATMENT SECONDARY TREA'n~ENT SECONDARY TREATMENT SECONDARY TREATMENT SECONDARY TREATMENT S S S PROGRAM SLUDGE HANDLING/DIGE SLUDGE HANDLING/DIGE SLUDGE HANDLING/DIGE PROCESS CONTRGL AND PROCESS CONTROL AND PROCESS CONTROL AND INDUSTRIAL WASTE PRO SEWER ADMINISTRATION SEWER ADMINISTRATION SEWER ADMINISTRATION SEWER ADMINISTRATION SEWER ADMINISTRATION SEWER ADMINISTRATION SEWER AmlINISTRATION SEWER ADMINISTRATION SEWER ADMINISTRATION SEWER ADMINISTRATION n~T.m~ AD"'lINISTRATION ADMINISTRl>_TION _Z':._DMINISTRATION ADMINISTRATION ADMINJ:STRATION ....,.w01.L.1!'- SEWER SO SAN FRANCISCO WARRfu~T DISBURSEMENT REPORT CITY OF 12 PAGE 08 0: 04 CK DATE 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 # 118369 118369 118369 118356 118356 118530 118491 118445 118400 118446 118408 118540 118495 118495 118495 118429 118403 118403 118360 118403 118403 118403 118403 118458 118404 118403 118377 118377 118377 118371 118372 118372 CK MILLER 4/30/09 DESKTOP/ANYWH DESKTOP-FIXED FOR THE TO INVOICE/DESCRIPTION SERVICE SVC SERVICE SUPPLIES SUPPLIES MAINT SUPPLIES RAIN GEARS/MATERIALS SEWER MAINT SUPPLIES DESIGN SERVICES SUPPLIES GEOTECHNICAL INVESTIGATION SERVICES PROF IT SVCS W/E 2/29-WOLDEMICHAEL OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES 08 RENEWAL-CITY LASERFICHE COMPUTER EQUIPT/PARTS COMPUTER EQUIPT/PARTS COMPUTER PARTS-I.T. COMPUTER EQUIPT/PARTS SYMANTEC B/UP SOFTWARE LIC-1 YR COMPUTER EQUIPT/PARTS CREDIT IBM SOFTWARE MAINTENANCE RENEWAL 5/1/08 MEMBERSHIP RENEWAL COMPUTER EQUIPT/PARTS SOFTWARE LICENSE AGREEMENT-CITYWORKS DISCOUNT SOFTWARE LICENSE AGREEMENT-CITYWORKS CABLE INTERNET SVC/MODEM PHONE CHARGES PHONE CHARGES UNIFORM UNIFORM UNIFORM SEWER SEWER SEWER ANOUNT 42.34 42.34 42.34 149.69 493.50 5.60 551.27 626.48 136.01 9.35 480.00 664.00 92.76 112.07 246.67 711.25 275.80 218.25 204.03 99.37 850.00 191.19 -191.19 238.17 615.41 132.60 985.00 000.00 995.00 56.20 40.10 77.05 5 1 2 15 5 2 1 11 -3 7 NAME UNIFORM UNIFORM UNIFORM 31' EQUIPMENT CO INC 3T EQUIPMENT CO INC SOUTH CITY LUMBER AND MOSS RUBBER GOLDSTAR PRODUCTS INC CALLANDER ASSOCIATES GRAINGER COTTON, SHIRES & ASSOC TEK SYSTEMS OFFICE DEPOT INC OFFICE DEPOT INC OFFICE DEPOT ECS IMAGING I CDW GOVERNMEN NC CDW GOVERNMEN NC AGM CONTAINER NTROLS CDW GOVERNMEN NC CDW GOVERNMEN NC NC NC AT&T AT&T SER SER SER INC INC INC INC INC CITRIX SYSTEMS CDW GOVERNMENT A2TECA SYSTEMS A2TECA SYSTEMS A2TECA SYSTEMS ASTOUND BROADBAND INC CDW GOVERNMENT CDW GOVERNMENT IBM CORPORATION AMERIPRIDE AMERIPRIDE AMERIPRIDE VENDOR ACCOUNT NUMBER 14320-4210 1';320-4210 14320..4210 14320-4302 14320 4302 14321-4302 14321-4302 7]-14321-4302 72-10610-4201 72-10610-4302 72-13236-4201-0770 75-16110-4201 75-16110-4302 75-16110-4302 75-16110-4320 75-16110-4364 75-16110- 4365 75 -16110-4365 75-16110-4365 75-l6110-4365 75-16110-4365 75-16110-4365 75-16110-4365 75-16110-4365 75-16110-4365 75-16110-4365 75-16310-4365 75-16310-4365 75-16310-4365 76-06120-4410 76-06120-4410 76-06120-4410 71- 71- 7l 71 71- ] 71 7 NAi'1E SEWER ADMINISTRATION SEWER ADMINISTRATION SEWER ADMINISTRATION SEWER ADMINISTRATION SEWER ~DMINISTRATION SEWER SEWER SEWER MAINTENANCE PARKING DISTRICT OPE PARKING DISTRICT OPE PARKING CAPITAL PRO~ INFORMATION TECHNOLO INFORMATION TECHNOLO INFORMATION TECHNOLO INFORl4ATION TECiINOLO INFORMATION TECHNOLO INFORMATION TECHNOLO INFORMATION TECHNOLO INFORMATION TECHNOLO INFORMATION TECHNOLO INFORMATION TECHNOLO INFORMATION TECHNOLO INFORMATION TECHNOLO INFORMATION TECHNOLO INFORMATION TECHNOLO INFORMATION TECHNOLO GIS GIS GIS PAYMENTS/REV PAYMENTS/REV PAYMENTS/REV r4AINTENANCE I-I,AINTENANCE UTILITY UTILITY UTILITY PROGRAM CITY OF SO SAN FRANCISCO WARRANT DISBURSEMENT REPORT 13 CK DATE PAGE CK # 02-08 04 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 118374 118486 118372 118372 118372 118374 118374 118374 118399 118434 118434 118369 118369 118391 118503 118527 118369 118369 118369 118496 118543 118388 118496 118366 118501 118496 118530 118496 118536 118496 11~496 118524 MAINT INVOICE/DESCRIPTION PHONE CHARGES LD PHONE CHARGES PHONE CHARGES PHONE CHARGES PHONE CHARGES PHONE CHARGES CHARGES CHARGES SERVICE T CLEANING SVC ASTE REMOVAL RM CLEANING RM 'G ~ S EQUIP :/GR RM R R R AUTO PARTS AUTO PARTS AUTO PARTS AUTO PARTS AUTO PARTS CLEANING GARAGE GARAGE BATTERY AUTO PARTS GARAGE SUPPLIES SUPPLIES SUPPLIES UNIFO UNIFO.m UNIFORM AUTO AUTO PARTS PHONE PHONE AMOUNT 06 51 28 56 03 91 53 12 76 00 00 14 76 00 96 59 14 14 76 60 50 42 38 60 97 29 78 80 09 62 55 59 416 746 15 152 379 281 459 971 74 65 130 33 38 65 561 99 33 33 38 64 81 752 43 212 89 28 11 4 68 170 13 45 SERVI SER SER SER SER SER GRO AND INC THE UNIFORM UNIFORM UNIFORM OLE'S CARBURETOR UNITROL/STINGER SPIKE BETTS TRUCK PARTS CARBURETOR D IRON CO INC SULA BATTERY CARBURETOR STEWART AUTOMOTIVE OLE'S CARBURETOR OLE'S CARBURETOR SERRAMONTE FORD INC VENDOR NAME AT&T/MCI AT&T/MCI AT&T/MCI CALIFORNIA WATER EVERGREEN OIL INC EVERGREEN OIL INC E UNIFORM ~ UNIFORM OWING INC OLE'S SOUTH CITY LUMBER OLE'S CARBURETOR AMERIPRIDE AMERIPRIDE AMERIPRIDE AMERIPRID AMERIPRID~ BOB JR'S T POWERPLAN SIGNMAKERS AT&T/MCI MATRIX AT&T AT&T AT&T ACCOUNT NUMBER 76-06120-4410 76-06120-4410 76-06120-4410 76-06120-4410 76-06120-4410 76-06120-4410 76-06120-4410 76-06120-4410 76-06120-4430 76 14910-4201 76-14910-4201 76-14910-4210 76-14910-4210 76-14910-4210 76-14910-4210 76-14910-4210 76-14910-4210 76-14910-4210 76-14910-4210 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76 14910-4302 76-14Ql0-4302 76-14910-4302 76-14910-4302 PROGRAM NAJVJE PAYMENTS/REV PAYMENTS/REV PAYMENTS/REV PAYMENTS/REV PAYMENTS/REV PAYMENTS/REV PAYMENTS/REV PAYMENTS/REV PAYMENTS/REV CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE GP.RAGE GARAGE GARAGE CITY UTILITY UTILITY UTILITY UTILITY UTILITY UTILrTY UTILITY UTILITY UTILITY CITY OF SO SAN FRANCISCO WARRANT DISBURSEMENT REPORT 14 CK DATE PAGE CK # 02-08 04 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 118543 118496 118524 118444 118524 118536 118499 118496 118425 118453 118453 118499 118422 118437 118362 118366 118524 118475 118365 118496 118496 118479 118359 118413 118362 118366 118475 118496 118461 118479 118496 118499 INVOICE/DESCRIPTION GARAGE SUPPLIES AUTO PARTS GARAGE SUPPLIES GARAGE SUPPLIES GARAGE SUPPLIES GARAGE SUPPLIES SUPPLIES-GARAGE SUPPLIES-GARAGE GARAGE SUPPLIES GARAGE SUPPLIES GARAGE SUPPLIES AUTO PARTS GARAGE SUPPLIES SUPPLIES ARTS SUPPLIES ARTS SUPPLIES GARAGE SUPPLIES GARAGE SUPPLIES GARAGE SUPPLIES GARAGE SUPPLIES GARAGE SUPPLIES GARAGE SUPPLIES AUTO PARTS GARAGE SUPPLIES LIGHTING SUPPLIES AUTO PARTS CREDIT AUTO PARTS/REPAIR AUTO PARTS AUTO PARTS GARAGE AMOUNT 50 87 81 74 00 26 79 10 67 28 78 09 67 26 69 65 80 34 00 92 59 62 77 14 11 65 28 03 66 30 96 87 81 12 87 9 145 84 25 30 203 95 210 72 34 164 27 216 22 255 71 60 73 114 183 108 39 216 77 197 69 36 12 -22 SPIKE SUP GRO SER INC SER VENDOR NAME UNITROL/STINGER OLE'S CARBURETOR SERRAMONTE FORD GOLDEN GATE nATm & SERRAMONTE INC STEWART AUT VE PARTS DISTR ON OLE'S CARBU DUDLEY PERK 0 HI-TECH EME Y HI-TEA" EME Y ISTR ON SER ITCH 'RAL CA UTOI' : DISTR AU'I :TS INC IRm un NTE n ITO E ; MAI :ARBl :ARBl [OUS! :LL ( 'HE TRU< : AU: IRO! LIGHT HOUSE, THE OLE'S CARBURETOR PARTS DISTRIBUTION LEHR AUTO ELECTRIC OLE'S CARBURETOR K-119 OF CALIFORNIA PAl' L,~ IN~ INC .uV.L.J.!. FORD CO FORD ACC:OUNT NUMBER 76-14910-4302 76-14910-4302 '76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 PROGRAM NAME CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY G.~RAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GAR_~GR CITY GARAGE CITY GARAGE CITY OF SO SAN FRANCISCO WARRANT DISBURSEMENT REPORT 15 CK DATE PAGE # CK 02- 04 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 04/02/08 118501 118362 118536 118375 118536 118384 118531 118496 118501 118492 118536 118499 118479 118501 118496 118487 118547 118381 118497 118357 118357 118418 118418 118418 118417 118417 118403 118523 CLASS EXPENSES HNOICE/DESCRIPTION GARAGE SUPPLIES AUTO PARTS BATTERY BATTERY AUTO PARTS PARTS LIES PARTS GARAGE GARAGE AUTO GARAG GARAGE AUTO AUTO PARTS GEN LIAB CLAIM-LEGAL FEES GEN LIAB CLAIMS-PROP DMG JAN 08 DENTAL CLAIMS nu 08 DENTAL CLAIMS 08 DENTAL CLAIMS IPT REPL-BLDG IPT REPL-LIB 14 COMPUTERS PUTER SOFTWARE REPL-LIB ERT. FEE SR VOLUNTEER RECOG FINAL AMOUNT 299 6 38 46 338 85 274 90 89 947 95 72 28 89 80 55 48 96 44 51 12 32 15 97 87 84 09 66 97 47 48 15 36 40 00 00 13 17 91 46 53 65 00 u=, JAN 1 35 485 345 454 227 772 414 167 513 397 428 020 150 17 5 46 -2 1 15 5 INC INC C VENDOR NAME PENINSULA BATTERY AIRPORT AUTO PARTS STEWART AUTOMOTIVE GRO AUSTIN HARDWARE & SUPP STEWART AUTOMOTIVE GRO BAY SHORE INTERNATIONAL SPARTAN CHASSIS INC OLE'S CARBURETOR PENINSULA BATTERY INC MUNICIPAL MAINTENANCE STEWART AUTOMOTIVE GRO PARTS DISTRIBUTION SER LIGHT HOUSE, THE PENINSULA BATTERY INC OLE'S CARBURETOR MCMASTER-CARR SUPPLY WIGTON, DAVID BANK OF AMERICA ACCOUNT NUMBER OLYMPIAN OIL CO PLAN CORPORATION PLAN CORPORATION ABAG ABAG DELTA DENTAL DELTA DENTAL DELTA DENTAL DELL MARKETING I. DELL MARKETING I. P CDW GOVERNMENT INC SEQUEIRA. LIONEL M P PLAN PLAN PLAN 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76 -14910-4302 76-14910.4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4302 76-14910-4330 76-14910-4365 76-14910-4366 77-07410-4206 77-07410-4352 78-00000-2093 78-0731)-4131 78 - 0 7 310 - 413 2 79-07512-4306 79-07512-4306 79-07512-4306 81-00000-2876 CITY G1\R-''.GE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CrTY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE CITY GARAGE SELF-INSURANCE SELP-INSURANCE EXPENSE HAiv!E PRCGRAM ACCT BENEFITS HEALTH BENEFITS EQUIPMENT REPLACEMEN EQUIPMENT REPLACEMEN EQUIPMENT REPLACEMEN NON EXPENSE ACCT AND AND NON HEALTH 33 983 LUNCHEON $656 VENDOR TOTAL CITY OF SO SAN FRANCISCO WARRANT DISBURSEMENT REPORT PAGE 16 AMOUNT INVOICE/DESCRIPTION CK # CK DATE GRAND TOTAL $656,983.33 VENDOR NAME ACCOUNT NUMBER 04-02-08 PROGRAM NAME ----------- 476 RECORDS Staff R~ort AGENDA ITEM # 3 DATE: April 9, 2008 TO: The Honorable Mayor and City Council FROM: Steven T. Mattas, City Attorney SUBJECT: Adopt an Ordinance Amending Chapter 6.78 of the South San Francisco Municipal Code to Implement the Digital Infrastructure and Video Competition Act of 2006 RECOMMENDATION: Waive reading and adopt an Ordinance Amending Chapter 6.78 of the South San Francisco :\1unicipal Code to Implement the Digital Infrastructure and Video Competition Act of 2006 ("Act") BACKGROUND/DISCUSSION: At its meeting on March 26, 2008, the City Council requested clarification on the following two issues regarding the above-referenced ordinance: 1. Would the one percent of the gross revenues that the ordinance requires state franchise holders to remit to the City to support Public, Educational, and Government (PEG) channel facilities, result in more funding for the facilities than the current $0.30 per-subscriber fee? Answer: Most likely, yes. Currently, the City receives about $49,000 annually from the $0.30 per-subscriber fee from Comcast. The City's Finance Department estimates that collecting one percent of gross revenue from Comcast would result in approximately $113,000 per year for PEG channel facilities. However, this does not account for a potential loss of subscribers, significant reduction in rates, or other substantial decreases in gross revenues, all of which seem unlikely. Nor does it account for any increase in funds should other state franchises which would be subject to this new rate, come into South San Francisco. The City will work with state franchise holders to ensure that gross revenue is properly calculated. (Note that the PEG fee is separate from the 5% franchise fee that the City already gets from Comcast and Astound, and that fee will not change under the Act.) 2. Does the ordinance impose the maximum "Customer Service Penalties" allowed under state law? Answer: Yes. Section 6.78.050 of the ordinance requires state franchise holders to comply with Public Utilities Code section 5900, which in turn requires cable television operators to establish and notify customers of the company's customer service standards, and requires video providers to render reasonably efficient service, make prompt repairs, and only interrupt service as necessary. (See Pub. Staff Report Subject: Ordinance to Implement the Digital Infrastructure and Video Competition Act Page 2 Utilities Code, 9 5900; see also Govt. Code, 99 53055,53055.1,53055.2,53088.2.) Section 6.78.050 of the ordinance further authorizes the City to impose penalties for failure to comply with the customer service requirements. The penalties imposed are equal to the maximum penalties authorized under Public Utilities Code section 5900. The remainder of section 6.78.050 tracks the language of Public Utilities Code section 5900, including subsection (e) of the ordinance, which requires the City to submit one-half of any penalty amounts received to the Digital Divide Account. (See Pub. Utilities Code, 9 5900(g).) The Digital Divide Account, established by Public Utilities Code section 280.5, funds community technology programs providing opportunities for multimedia and technology training and e-govemment services. (Id. 9280.5(e).) Council has previously waived reading and introduced the following ordinance. The ordinance is now ready for adoption. AN ORDINANCE AMEl\lDING CHAPTER 6.78 OF THE SOUTH SAN FRANCISCO MUNICIP .AL CODE TO IMPLEMENT THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 (Introduced on 3/26/08 Vote 5-0) By ~~I/~~) Steven T. Mattas, City Attorney '~ / ~ anager 1077283-1 @) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6.78 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO IMPLEMENT THE DIGITAL INFRASTRUCTURE MiD VIDEO COMPETITION ACT OF 2006 WHEREAS, cities and counties within the State of California have traditionally had the authority to issue franchises to, and thereby regulate, providers of cable services within their respective jurisdictions, in accordance with federal, state, and local law; and WHEREAS, the Digital Infrastructure and Video Competition Act of 2006 (Public Utilities Code sections 5800 et seq. ("DIVCA")) became effective January 1, 2007; and WHEREAS, DIVCA changed California law by establishing a statewide franchising procedure for video service providers to be administered by the California Public Utilities Commission ("CPUC"); and WHEREAS, under certain circumstances described therein, DIVCA preempts the City's authority to issue franchises and provides, in those circumstances, that the CPUC is the sole authority to award state franchises for the provision of video services; and WHEREAS, DIVCA authorizes the City to exercise certain authority over state franchise holders; and WHEREAS, the City of South San Francisco desires to exercise that authority and to facilitate the implementation of DIVCA by setting forth regulations for the provision of video service by state franchise holders within the City. NOW THEREFORE, the City Council of the City of South San Francisco does ORDAIN as follows: 1. Section 1. Chapter 6.78 is hereby added to the South San Francisco Municipal Code to read as follows: Chapter 6.78 VIDEO SERVICE PROVIDED BY STATE FRANCHISE HOLDERS 6.78.010 Purpose and Apllllicability. The purpose of this chapter is to set forth regulations for the provision of video service by state franchise holders, in accord,illce with the Digital Infrastructure and Video Competition Act, California Public Utilities Code sections 5800-5970 ("DIVCA"). This 1064918 GJ chapter shall apply to video service providers operating within the city pursuant to a valid state franchise. 6.78.020 Definitions. For the purposes of this chapter, the words set out in this section shall have the following meanmgs: (a) "City" means the City of South San Francisco. (b) "City manager" means the city manager of the City of South San Francisco, or his or her designee. (c) "Franchise fee" shall have the meaning given that term by subdivision (g) of Public Utilities Code section 5830 or its successor. (d) "Gross revenues" shall have the meaning given that term by the California Public Utilities Code section 5860 or its successor. (e) "Holder" shall have the meaning given that term by subdivision (j) of Public Utilities Code section 5830 or its successor. (f) "Material breach" shall have the meaning given that term by subdivision (j) of Public Utilities Code section 5900 or its successor. (g) "Network" shall have the meaning given that term by subdivision (1) of Public Utilities Code section 5830 or its successor. (h) "State franchise" shall have the meaning given that term by subdivision (P) of Public Utilities Code section 5830. (i) "Video service" shall have the meaning given that term by the California Public Utilities Code section 5830(s) or its successor. 6.78.030 Franchise Fee for State Franchise Holders. Any state franchise holder shall remit to the City a franchise fee in the amount of five percent of the gross revenues of the state franchise holder in compliance with California Public Utilities Code section 5840(q). 6.78.040 Public, Educational, and Government Channels (a) Each state franchise holder shall remit to the City a fee to support PEG channel facilities in the amount of one percent of the gross revenues of the state franchise holder. All revenue collected pursuant to this fee shall be deposited in a separate fund and shall only be expended for the purpose of supporting PEG channel facilities. 1064918 @) (b) Each payment of the fee established in subsection (a) of this section delivered to the city shall be accompanied by a summary report explaining the basis for the calculation of the payment, reflecting the total amount of gross revenues for the remittance period and all payments, deductions and computations used to determine the amount of the quarterly remittance. The city manager may establish, and from time to time revise, such additional reporting requirements as are necessary to ensure that the basis for the calculation of the amount of remittance is adequately explained and documented, and each state franchise holder shall comply with such additional reporting requirements provided that each state franchise holder shall have first been provided written notice at least fifteen (15) days prior to the beginning of the remittance period. (c) All obligations existing on December 31,2006 to provide and support PEG channel facilities and institutional networks and to provide cable services to community buildings contained in a local franchise shall continue until October 31,2014 pursuant to California Public Utilities Code section 5870. (d) Each state franchise holder shall designate a sufficient amount of capacity on its network to allow the provision of PEG channels in accordance with California Public Utilities Code section 5870. Each state franchise holder shall have three (3) months from the date the City requests the PEG channels to designate the capacity. The three (3) month period shall be tolled by any period during which the designation or provision of PEG channel capacity is technically infeasible. (e) Notwithstanding California Public Utilities Code section 5879(n), upon the expiration of any state franchise, without any action of the city council, this section shall be deemed to have been automatically reauthorized, unless the state franchise holder has given the city manager and the city council written notice sixty (60) days prior to the expiration of its state franchise that the section will expire pursuant to the terms of California Public Utilities Code section 5879(n). (f) This section shall be enforced, and disputes regarding this section shall be resolved, pursuant to California Public Utilities Code section 5870. 6.78.050 Customer Servicl~ Penalties by State Franchise Holders. (a) Any state franchise holder shall comply with the customer service provisions set forth in Public Utilities Code section 5900. (b) The city shall impose the following penalties against a state franchise holder for any material breach of the customer service provisions set forth in section 6.78.050(a): (1) For the first occun~ence of a material breach, a fine of $500.00 shall be imposed for each day of each material breach, not to exceed $1,500.00 for each occurrence of the material breach. 1064918 @J (2) For a second OCCUlTence ofa material breach of the same nature as the first material breach that occurs within 12 months, a fine of$l,OOO.OO shall be imposed for each day of each material breach, not to exceed $3,000.00 for each occurrence of the material breach. (3) For a third or further OCCUlTence of a material breach ofthe same nature as the previous material breaches that occurs within 12 months, a fine of $2,500.00 shall be imposed for each day of each material breach, not to exceed $7,500.00 for each occurrence ofthe material breach. (c) The city manager shall have the authority to assess penalties for any material breach by a holder of a state franchise. Prior to assessing penalties for a material breach, the city manager shall first have provided the state franchise holder with written notice of any alleged material breach of the customer service provisions set forth in California Public Utilities Code section 5900 and shall allow the state franchise holder at least thirty (30) days from receipt of the notice to remedy the specified material breach. (d) A material breach for the purposes of assessing penalties shall be deemed to have occulTed for each day within the jurisdiction of the city, following the expiration of the period specified in this section that any material breach has not been remedied by the video provider, ilTespective of the: number of customers affected. No monetary penalties shall be assessed for a material breach if it is out of the reasonable control of the state franchise holder. (e) The city shall submit one half of any penalty amounts it receives to the Digital Divide Account established by California Public Utilities Code section 280.5. (f) No monetary penalties shall be assessed for a material breach ifit is out of the reasonable control of the state franchise holder. 6.78.060 Authority to Examine and Audit Business Records. The city shall ensure that it receives all franchise fee revenue to which it is entitled to at the times and in the amounts specified by Public Utilities Code section 5860, and, to that end, the city manager is hereby authorized, either with or without the assistance of duly authorized representative, to examine the business records of the holder of the state franchise in accordance with subdivision (i) of Public Utilities Code section 5860. 2. Section 2. Publication and Effective Date This ordinance shall be published once, with the names of those City Council Members voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. 1064918 (9 3. 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. Introduced and adopted at a regular meeting of the City Council of the City of South San Francisco, held the __ day of , 2008. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the __ day of , 2008 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 , 2008. Pedro Gonzalez, Mayor 1064918 GJ AGENDA ITEM # 4 DATE: TO: FROM: SUBJECT: April 9, 2008 Honorable Mayor and City Council Marty Van Duyn, Assistant City Manager MOTION TO APPROVE THE FINAL DESIGN OF THE MILLER A VENUE PARKING STRUCTURE AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH WATRY DESIGN, INC. FOR CONSTRUCTION DESIGN OF THE MILLER AVENUE PARKING STRUCTURE RECOMMENDATION Staff recommends that the City Council by motion approve the final design of the Miller Avenue Parking Structure and authorizing the City Manager to execute a contract with Watry Design, Inc. for construction and design of the Miller Avenue Parking Structure. BACKGROUNDIDISCUSSION Please reference the Redevelopment Agency Staff Report of April 9, 2008 for background information and discussion. CONCLUSION Staff recommends that the City Council by motion approve the final design of the Miller Avenue Parking Structure and authorizing the City Manager to execute a contract with Watry Design, Inc. for construction and design of the Miller Avenue Parking Structure. By: (TJ~f./YL/v\__.l-L/ /v Marty Van Duyn Assistant City Man~r Approved. - ~ ~ \\ s::'tN (~&' I;::l (") u 0 C4l~~'~ Staff Report AGENDA ITEM # 5 DATE: TO: FROM: SUBJECT: April 9, 2008 Honorable Mayor and City Council Terry White, Director of Public Works RESOLUTION AWARDING THE CONSTRUCTION CONTRACT FOR THE 2007-2008 SCRUB / SLURRY SEAL PROJECT (REBID), PROJECT NO. ST- 08-1, BID NO. 2473, TO THE VALLEY SLURRY SEAL COMPANY RECOMMENDATION It is recommended that the City Council adopt a resolution awarding the construction contract for the 2007-2008 Scrub / Slurry Seal Project (REBID), Project No. ST-08-1, Bid No. 2473 to Valley Slurry Seal Company of West Sacramento, California on the basis oftheir base bid in the amount of $1,087,395.03. BACKGROUND/DISCUSSION Numerous streets in the city are in need of preventative maintenance to extend their useful life. Surface sealing these streets will accomplish this task. To accomplish this, staff incorporated an alternate bid item in the bid proposal to micro-surface the streets. Micro-surfacing is similar to slurry seal; however, the drying time for micro-surfacing is considerably shorter, approximately one hour after placement. In addition, micro-surfacing provides a longer lasting product than slurry seal. Overall, the micro-surfacing alternative will lessen traffic impacts and provide a better end result. Another alternate bid item included in the bid proposal is to fog seal several city-maintained parking lots. Fog seal is a mixture of emulsified asphalt, water, mineral fillers, and various other mixtures applied directly to the surface of an asphalt pavement. Fog seal serves to seal the top ofthe asphalt, preventing water from penetrating the surface of the pavement and protecting the top layer of asphalt from oxidation and wear caused by exposure to the sun and air. Staff recommends the fog seal bid alternate to perform needed maintenance for the parking lots. This construction project involves traffic control, public posting and notification, protection of the newly placed micro-surfacing or fog seal, adjustment of utility manholes and utility covers to grade, and installation of new pavement striping and markings. On February 21 and February 28,2008, staff advertised the "Notice Inviting Sealed Bids" for the project. Five bids were received and opened on March 20,2008. The low bidder was Valley Slurry Seal of West Sacramento, California. Below is the summary of all base bids received: Staff Report Subject: RESOLUTION AWARDING THE CONSTRUCTION CONTRACT FOR THE 2007- 2008 SCRUB/SLURRY SEAL PROJECT (REBID) Page 201'2 Engineer's Estimate: $1,200,000.00 Bids: Graham Contractors of San Jose, CA Intermountain of Rancho Cordova, CA Windsor Fuel of Windsor, CA Bond Blacktop of Union City, CA Valley Slurry Seal Company of West Sacramento, CA $1,982,753.11 $1,331,398.06 $1,215,133.88 $1,105,857.60 $1,087,395.03 FUNDING Shown below is the cost breakdown for the project budget: Valley Slurry Seal Company of West Sacramento, CA Micro-surfacing Bid Alternate Fog Seal Bid Alternate Contingency (Approx. 10%) Engineering and Construction Inspection (Approx. 5%) Total Project Budget $1,087,395.03 $ 40,222.05 $ 12,761.70 $ 115,000.00 $ 60,000.00 $1,315,378.78 The project is included in the approved 2007 -2008 CIP and sufficient funds are available to cover the project costs. CONCLUSION Council approval of this project will allow for the installation of micro-surfacing, and pavement striping and markings on numerous streets throughout the City. The proj ect will increase the service life ofthe streets, reduce major street maintenance for an extended period oftime, and provide better drivability to the public. ,,/J_O BY~~~ Terry Wl\~te Director 0 ublIc Works APproved~1 ,-<(~., arry M. Nagel City Manager Attachment: Resolution RR/sb/rc/dc RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AWARDING A CONSTRUCTION CONTRACT FOR THE 2007-200:8 SCRUB / SLURRY SEAL PROJECT (REBID), PROJECT NO. ST-08-1, BID NO. 2473 TO VALLEY SLURRY SEAL COMPANY WHEREAS, on February 21 and February 28, 2008, staff advertised the "Notic~: Inviting Sealed Bids" for the 2007-2008 Scrub / Slurry Seal Project (REBID), Project No. ST-08-1, Bid No. 2473 ("Project") to provide traffic control, public posting and notification, protection of the newly placed micro-surfacing and fog seal; adjustment of utility manholes and utility covers to grade, installation of new pavement striping ,md markings and fog seal of city-maintained parking lots; and WHEREAS, on March 20, 2008, staff received and opened five (5) bids, and the lowest base bid for the Project was from Valley Slurry Seal Company of West Sacramento, California ("'VSS") in the amount of$1,087,395.03; and WHEREAS, staff recommends that the City Council award the construction contract and bid alternates to VSS; and WHEREAS, this project is included in the City of South San Francisco's 2007-2008 Capital Improvement Program (CIP) budget and sufficient funds are budgeted to cover the project cost; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the Council hereby: 1. Awards the construction contract for the 2007-2008 Scrub / Slurry Seal Project (REBID), Project No. ST-08-1, Bid No. 2473 to Valley Slurry Seal Company conditioned on Valley Slurry Seal Company's timely execution of the project contract and submitting all required documents, including but not limited to, executed bonds, certificates of insurance, and endorsements, in accordance with the project bid documents. 2. Authorizes the City Manager to execute the Agreement on behalf of the City Council of the City of South San Francisco upon timely submission by VSS of the signed project contract and all other required documents, subject to approval as to form by the City Attorney. * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the 9th day of April, 2008 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk DATE: TO: FROM: SUBJECT: AGENDA ITEM # 6 April 9, 2008 Honorable Mayor and City Council Terry White, Director of Public Works RESOLUTION APPROVING THE 249 EAST GRAND AVENUE PARCEL MAP (PM 05-0002) RECOMMENDATION It is recommended that the City Council adopt a resolution: (1) approving the 249 East Grand Avenue Parcel Map (PM 05-0002); (2) authorizing the City Clerk to record said map and all related documents; and (3) accepting the dedication of the waterline, sidewalk and public utilities easements for public use. BACKGROUND/DISCUSSION On July 12,2006, the South San Francisco City Council approved a tentative map for the 249 East Grand A venue project. The City Engineer and the City's technical reviewer, with concurrence of all affected City departments and divisions, have determined that the 249 East Grand Avenue Parcel Map (PM 05- 0002), on-site improvements, landscaping drawings, utility drawings, public frontage improvement plans and all related documents and plans are in compliance with the Subdivision Map Act and the City's Subdivision Ordinance for said development. The parcel map has been signed by the Subdivider. The 249 East Grand Avenue parcel map will subdivide the 15.75 acre property into five (5) separate lots with reciprocal parking and access easements throughout the project. The five lots will be served by public utilities. The development willI also be served by waterline, sidewalk and public utilities easements, which is being offered for dedication for public use, and accepted by the City within the boundaries of the subdivision. The attached resolution will approve the 249 East Grand Parcel Map (PM 05-0002), authorize the City Clerk to record said map and all related documents, and accept the dedication of the waterline, sidewalk and public utilities easements, which is being offered for dedication for public use. BY~Y Terry White Public Work CONCLUSION Approved: Attachments: Resolution Parcel Map RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE 249 EAST GRAND AVENUE PARCEL MAP (PM 05-0002); AUTHORIZING THE CITY CLERK TO RECORD THE MAP AND RELATED DOCUMENTS; AND ACCEPTING VARIOUS EASEMENTS WHEREAS, staff recommends approval of the 249 East Grand Avenue Parcel Map (PM05-0002) ("Parcel Map"), authorization of the recordation of the map and related documents; and WHEREAS, the City Engineer and City's technical reviewer, with the concurrence of all affected City Departments, have determined that the Parcel Map, on-site improvements, landscaping, utility and public frontage improvement plans are in compliance with the Subdivision Map Act and the City's Subdivision Ordinance for said development. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of South San Francisco hereby: 1. Approves the 249 East Grand Avenue Parcel Map (PM 05-0002). 2. Authorizes the City Clerk to record the Parcel Map and all related documents. 3. Accept the dedication of the waterline, sidewalk and public utilities easements, which is being offered for dedication for public use. * *' * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the _ day of 2008 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk PARCEL MAP PM 05-0002 LANDS OF ARE-SAN FRANCISCO NO. CONSISTING OF SIX SHEETS 2, LLC BEING A SUBDIVISION OF LOT 27 OF BLOCK 2 AS SHOWN ON THAT CERTAIN MAP OF "CABOT, CABOT AND FORBES INDUSTRIAL PARK UNIT NO, 1 -B" FILED FOR RECORD MAY 2S, 1966 IN BOOK 64 OF MAPS AT PAGES 49 THRU Sl, SAN MATEO COUNTY RECORDS AND LYING ENTIRELY WITHIN THE CITY OF SOUTH SAN FRANCISCO COUNTY OF SAN MATEO STATE OF CALIFORNIA MARCH, 2008 ~KIER&WRIGHT T CIVIL ENGINEERS &. SURVEYORS, iNC. 3)50 Scott-Boulevard, Building 22 . (408) 7276665 ~ntil Clara, Callfornl.l 95054 . OWNER'S STATEMENT WE HERfIY STATE THAT WE ARE. THE OWNERS Of OR HAVE SOME RIGHT, TTTt.E OR INTIRfST IN AND TO THE REAL PROPERTY tNCWDeo WITHIN THE SUBOMSION SHOWN UPON THIS'MAP AND THAT WE ARE ntE ONLY PERSONS WHOSE CONSENT IS NEaSSARY TO PASS A ClEAR lTTU TO SAID PROPERTY AND THAT WE HEREBY coN$ENT TO THE MAKING AND FIlJN(i OF SAID MAP AND SUIlOMSlON M SHOWN WITHIN THE DlSTINCTM BORDEJl.UNE: WE HEREBY DEDICATE TO I'UBUC USE EASEMENTS FOR WATtR UHE PUiU'OSES UNDER, ON, OR. OVER THOSE CERTAIIl STftIPS OFlANO DE5lCNATm AND DELlNEATED AS 'W.Lt..." (WATER UNE EASEMENT). SAID EAsEMENTS TO IE KEPT OPEN AND fREE FROM AU. IML.DlNCS AND Sl1l.LlCTURfS Of ANY KIND EXCUT mRIGA. noN SYSTEMS AND APPUIITENANCES ll1ERETO. LAWFUL fEN(B AND All LAWFUL UNSUPPORTED ROOF OVERHANGS. WE AlSO HEREBY DEDICATE TO PUIUC USE EASEMENTS FOR PUBLIC UTlUTY PURPOSES UNDER, ON, OR. OVER THOSE CERTAIN STRIPS Of lAND DESIGNATIO AND DEUNEATm AS "P.U.E.." (PUBUC UTlurv EASEMENT). SAID EASEMENTS TO iii: KEPT OPEN AND FREE FROM All BUa.OINGS AND STRUCTURES OF NfY KINO EXCEPT lAAIGATlON SYSTEMS AND APPURTENANCES THEREfO, LAWfUL FENCES AND All LAWFUL UNSUPPORTED ROOF OvatHANGS. WE AlSO HEREBY DEDICATE TO PU8LIC USE AN EASEMENT FOIl SIDEWAlK PUIU'OSESAND APPURTENANCES THERETO AND THE RIGHT TO CONSTRUCT, iNSTAll., USE, REPAIR., R.EPLACE AND MAINTAIN A PUBlIC SIDEWALK ON Oft, OVER 'THQS[CERTAlN STRIPS OF LAND DESKiNATED AND DEUNEATED AS "S.W.E." (SlDfWALX EASEMENl). THfRE ARE SHOWN HEREON EASEMENTS FOR SANrrARY SEWER PURf'05[5 UNDER. ON, OR OVER THOSE CERTAIN STRIPS OF LAND DESlCNATED AND DfJJNEATED AS ".5.5.L" (P!lNATESANlTAllYSfWEIl. EA.SEMENl) fOR THE INSTAl.l.ATlON AND MAtNTENANCE OF PRIVATI. SANrrARY 5eNER FACIUT1ES. THESf EASEMENTS ARE TO BE UI'T OPEN AND FREE fROM All 8UILDINGS AND STROCTURfS Of Nft KIND EXCEPT IRIUGA TlON SY'STEMS AND APPURTENANClS THEftfTO, LAWfUL FENCES ANO AU. LAWfUL UNSUPf'ORTm ROOf O'.~"!.!t..._"'!GS. THE It'''!NTE''t'''NCE. JlEP.A.IJl, .ANP!QR ~Iot~ Of SAID PRIVATE SAlUTARV SEWEA FAClUTlfS SHALl IE THE SOLE RESPON5IIllfTY OF THE 'ARCaS WHICH THEV IENEFlT. THERE ARE ALSO SHOWN HEREON EASDlENTS FOR STORM 0fWNAGE PURI'OSES UNDER. ON, OR OVUI. THOSE CERTAIN STRft'S Of lAND DESlCNATED AND DB.lNEATED AS ".5.D.E," (PRIVATE STORM DIWNAGE EASEMENT) FOIl; THE INSTAl.l.AllON AND MAINTENANCt OF PlUVATI. ~ DRAINAGE FAOUTlES. THESE EASeMENTS ARE TO BE KEPT OPEN AND fJI.EE FROM All BlULDINGS AND ST1UJCTURfS OF AN( KIND EXCEPT IRRIGATION SYSTEMS ANa APPUItT!HANClS THEREfO, LAWfUl FfNCf5 AND AU. LAWfUL UN5O"'ORTID ROOf OVERHANGS. THE MAINTENANCE. REPAIR., AND/OIl; RB'lACDIlENT Of SAID PRIVATE STORM DRAINAGE FACIUTlES SHAU.IE THE SOLE RESPONSt81LITY OF THE PNlCELS WtIICH THEY BENEFrr. WE AlSO HEREBV RIiSERVE FOIl THE OWNERS OF PAAcn5 1, 2, 3," ANO S, THEIR UCENSE6. VlSrTORS, AND TENANTS RECIPROCAL RIGHTS OF INGRESS AND EGRESS UPON AND OVER THOSE CERTAIN STRIPS OF lAND DESIGNATED AND DEliNEATED AS P.I.LL IPlUVATE INC;RESS AND EGRESS EASEMENTI. VICINITY MAP NOT TO SCAlE CITY ENGINEER'S STATEMENT ~~~~:i.i.~~~~V::-:~~~~~~~:~~~~~~THEMAI' REQUlRm, AND ANi' APPROVED ALTERAllON THEREOF; AND THAT ALL PRQVlSM)NS Of THE SU80MSION MAP ACT AND ANY LOCAL ORDlNANcrS APPL.JCABLE AT THE TIME OF THE APPROVAL Of THE TENTATlVE MAP HAVE BEEN COMPUED WITH. SURVEYOR'S STATEMENT THIS MAPWAS PREPARED BY ME OR UNDtll. MY DlREcnON AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SU8Of\l1S1ON MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF DOWlER-GRUMAN IN MARCH. 2008.1 HEREBY STATE THAT THIS PAAca MAP SUBSTANTlALLV CONFORMS TO THE CONDmoNAU..V APPROVED TENTATIVE MAP. ALL MONUMENTS ARE OF TH[ CHARACTER AND OCCUPY THE POSITIONS INDICATED OR THa" Will. BE SET IN SUCH POSITIONS ON OR BEFORE MARCH. 2009. THE MONUMENTS ARE OR WILL BE SUFFICtENT TO ENAIL[ THE SURVEV TO BE REl'RACED. SIGNED 3.ZQ~Oa OA TEO CITY CLERK'S STATEMENT I HEllEB't' STATE THAT THIS MAP. DESIGNATIO AS A PAACa. MAP, PM 05-0002, CONSISTING OF 6 SHErn. WAS APPROVED BV TliE em' COUNCIL OF THE OTY Of SOLITH SAN FRANCISCO AT A MEETING OF SAID COUNOL HaD ON THE DAY OF _. 2008. AND THAT SAID COUNOL ACCEPTED, SUI\IECT TO IMPROVEMENT. ON BEHALF Of THE PUBLIC, THE DEDICATION Of AU. STREET'SAND EAS64ENlS OffWD FOR DEOICATlON. AS SHOWN ON SAID MAP WITHIN SAID SU8D1V1StON. IN CONfORMITY WITH THE TERMS OF THE OFFER Of DEDICATION. ClfIl.K OF THE CITY OF SOLITH SAN FRANCISCO BY. KRISTA MARTlNElli -lARSON ClT'l' a.ERK M. REZA RAlAVI, PE C-46130 cm ENCINEER. CITY Of sount SAN FRANCISCO '<5 55. OWNE~SACKNOWLEDGMENT STATE OF CAUFOIl.NIA 1\.Al'~. COUNTY Of U& Loy1d. . ON "^-Ut. 1'\, . 2008 IEFOftEME. ~....t. L~ A NOTARY PUBUC IN AND FOfl. SAiD STATE. PERSONALLV ~ER:~i COUNTY RECORDER'S STATEMENT RUNO. FEE PAID FILED FOR RECOROTHIS_DAVOF_ ,2008. AT_.M.INBOOK~OFPARCELMAPS.ATPACES~ TO ~, SAN MATEO COlINTY RECORDS. STATE OF CAUFORNIA, AT THE REQUEST OF CHICAGO mLE COMPANY. WARREN SlOCUM, COUI'fTY RECORDER OF6 SHEET 1 OEPlTTY OOTID TECHNICAL REVIEWER'S STATEMENT I AM SATISfiED THAT THE WrrHIN PARCEL MAP is TECHNICALlV CORRECT. WHO PROVW TO ME ON THE 8ASIS Of SATlSfAcrORV EVIDENCE TO BE THE PERSON(S) WHOSE NAMECSl IS/ARE SUBSClUIIfD TO THE WITHIN INSTRUMENT AND AOCNOWLIDGED TO ME ll-IAT HEISHE/THEV EXECUTED THE SAME IN H1S/HERIlliEIR AUTHORIZEO CAPACllYRfS). AND THAT 8'( HlSIHER/THEIR SIGNA.TURE(S) ON THE INSTRUMENT THE PERSONlSl, OR THE ENTTTY UPON IIEHAI..F OF WHICH THE PEJtSOHlSl ACTED, EXECUTED THE INSTRUMENT, I CERTIFY UNDER PENALTY OF PBUURV UNDER THE LAWS OF 1lIE Sf ATE OF CALIFORNIA. THAT THE FOREGOtNCi PARAGRAPH JS TRUE AND CORRECT. WfTNESS MY HAND NOTAAY'SSlGNATURE PRIHTID NOTARV'S NAME NOTARY'S PRINCIPAl. PlACE OF BUSINESS NQTAAYS COMMISSION NlJMBEJI. --I EXPIRATION OF NOTARV'S COMMISSION __n_d_ .".~.~ ~v II r=---:--= ..... 3"'~V NOl~iv m~l In! f I I \ ~\ : , ~, II '\ ,II ~,.,~",,~.LfJ! ~ '\~\ < < ,> ..",T, ,..n. ~,II 1m ","'.,'4>/~'> m "'.'''I.''S~~ r uj / : :; ~, : '>~~ ~"'o "'6J:.~: i -' I I ~ llmmll!l!,l!hlj,'!'"'''' '.' ~. ," €'<!ilr ~~~~~n:;~h~~~n N_'.:.N~'~~;~~::: ~~I'~: ~ ~;:.~ ::1- 181. I ~ ~~:::b.",,,,,-,,,'-~'-"''-b'-~~~~' ~~~~~~,,~~ ~- ,~: f v~) 'I' I I LLJ mmm~mm!~!!!~~!~~i~ll · f>v' ~ ZZhh~~.UhZZZ~~~~~~:;;~~~~;;~i:: ~~ / I !z "'''''m''''''mm'mm'~ /.. ~__l:;,:ii I: ,I. ~ \ . ._nu.. ~ ~ ~ !II \ I I i lilli' ~I" ~ g t ~u g !s \ ::: I ~ ~ . I ,,; ill I ! ~ ',:: I' ~'I ~ 5 ~ ~~ 5~f~~ '1 Q.... ::: VI I ::~:~:~~:::~;:; ~~, , I =~~, !l i I i ;, ':I: III' \: ~ t~. "^"', ~ ~\ ~ .J'''') II'~ ~ .. "".L::n7.i l, ~ l~Q\<ne3O' ._.~ ~ ~ ~ ~ ~ !; ~ ~ b 5 g ~~ ~ .8 ~ ~ ~~ ... "'..: 1:: ag a u mmmmmml ~~a~5;;~~~~3S~~~~~~ ~ !; ~ 5 u ~~ ! I-~ ~g ~ g ~ ~ ~ ~ ~ ::; ffi ~ ~ 5 n ~ 5 ~ P "~ 5 dlh U ...J ...J 58~~ ~~="'''' Nu:'"~8 o~,,:,:.UJ oo~u.e<:UJ al~d~~i= u.~Zl.O~~ ou.!::~oJ: :::.o~gu!:: 1-~",,"'8~ g~~~~~ u..Zo..CD~~ o<...J~zi= zl;;:~~<(z QUJ~ _",UJ ~UV'l~ ..lJ ~I-~>-;;:;~ ~~~~~~ ~~lfJoi=(@ <0~15"'< \.:lZOUv ~~u.~1fJ ~OO",\.:l ~~~~ ~ ;~ NO~ O~Vl '1oo~ ~ 0 z'" fT'I ';;2~ ~ lrl... UOz\.:l ~ :E ~~ ~ .1, v; "'z <0 ~ ~u '" o z :5 , '. ).<;','" :..,....,:~"-:\d..o'I,'_' '" ::; ttl ~ < z '" 00 u== ~:i UU ~8 ~~ '" ~~ ~ CIl z i5 8 ~ ~ ~ <( 0:. :. CIlZ ~< 0'" >o~ t:~ Uz ~ o u u"'- ~~~ li~~ 0'''' ~H '-" >. .-'" . :I:::> N D~i~ ii::Qi~ :i:w., ~H ai!l~~~ ffi~~e s;2~~i ~~ ." \ 200 100 ABBREVIATIONS ANCHOR EASEMENT EAST IRON PIPE lAND SURVEYOtl. MAl' MONUMENT 1ll0RTH PUBUC UTIUlY EASEMENT OFFICIAl RECOIWS IWllAL REGISTERED CIVIL ENGINEER ""''''OAD PfllVATE INGRESS/EGRESS EASEMENT PRIVATE STORM DRAINAGE WEMENT PRIVAn SANITARY SEWER EASEMENT SOlfTl< 0 SIDEWAlK EASEMENT TANGENT WEST WATU. UNE EASEMENT ... E I,P. L'. . MON N P.U.E. 0.0. 'R) R.C.E. 0.0. P.l.E.E. P.5.0.E. rs.s.E. , S.W.E. (Tl W W.LE. NOTES 1. THE AREA WITHIN THE DISTINCTIVE IIOIlDEJl. UHf t5 15. AOtES. 2. AU. DISTANCES ARE IN FEET AND DECIMALS THEREOF. 3. THE rnsTlNCTlVE IORDER UHf DENOTES THE BOUNDARY OF THE SUBDIVISION. BASIS OF BEARINGS THE BEAfUHG Of NORTH 3)"22'10' EAST. TAKEN ON THE CENTERUNE OF ALLERTON AVENUE AS SHOWN ON TltATClKTAlN MAP EN11lUD "CABOT CABOT & FOtl9ES INDUSTR1AL PARK UHf! NO. I-I". FILED FOR RECORD ON MAY 25, 1966 IN VQlUME64 Of MAP5 AT PACES 49, 50 AND 51 ,SAN MATEO COUNTY RECORDS, WAS TAKEN AS 'THE BASIS Of AU 8EARINGS SHOWN HEREON. LEGEND CURVE TA.BlE: (fOR SHEET 2 ONLY) CURVE RAOtUS DaTA LENGTH Cl 788.00' 8"26'51" 116.18' C2 788.00' 3"38'35' 50.10' Cl 788.00' 12"05'26" 166.28' C4 184.00' 17"29'40"' 56.18' C5 125.00' 35"44'51" 77.99' C6 1260.00' 1"49'24" 172.04' C7 328.39' 29"04'"r 166,67 ca 65.00' 122""Z'ZZ" 13~.20' 300 9 I!l i:ll~ ~I~ '11~ A04003-2 SHEET 2 OF 6 ---- ---- ---- --- @ o DISTINCTIVE BORDER UNE NEW PROPERTY UNE A.OjACENT PROPEKTY LINE CENTERLINE EASEMENT FOUND STANDAAO CITY MONUMENT FOUND IRON PIPE AS NOTED srr 3/4f" loP. & PlUGlS 6Z56 ~'t't FOUNt ~~ ~1 .~~ -- 1\."~f.' Lr"_ . . '~_... LINE TABLE: (FOR SHErr 2 ONLY) LINE IEARtNC Dl5TANa 57S'2Z'10"W 85.19' N 1Z'40'08" W 65.00' N 33"2"'33" E 86,66' 5 3~"O8'10" E 67.60' 57"'5]'OrE 35.00' N 78'''T1 r W 35.00' N 69"13'4]' W 26.35' 585'4]'5,,-E 51.Z2" N8S"4]'5..W 109.1'" S84'12'lZ"W 56.35' N33"20'5]"E IZ.8]' N86"OS'50"E 58.69' ~ ~ ",.o~. . ~~ . .~'f'i '1.~~~~ ~'T;~ ~y ~, ~ P" "" 1'~ .,~); PARCEL 4 1.9"7 :tA.C1lES PARCEL 5 5.nO:tACaES Ll L2 II l4 LS L6 L7 L8 L9 LIO Lll Ll2 p ReEL MAP PM 05-0002 lANDS OF A E-SAN FRANCISCO NO. 12, LLC CO SISTING OF SIX SHEETS BEING A SUBD VISION OF LOT 27 OF BLOCK 2 AS SHOWN ON TH T CERTAIN MAP OF 'CABOT, CABOT AND FORBES IN USTRIAL PARK UNIT NO.1-B' FILED FOR RECORD M 2S, 1966 IN BOOK 64 OF MAPS AT PAGES 49 THRU SI, SAN MATEO COUNTY RECORDS AND LING ENTIRELY WITHIN THE CITY OF SOUTH SAN FRANCISCO COUNTY OFSA MATEO STATE OF CALIFORNIA MARCH, 2008 ~ K! R & WR!GHT T CI:~NGINEERS & SURVEYORS, INC. nso Boulevard, Building 22 . (408) 7216665 Silnu ilra, eallromla 9S05" . '(408) 121 5641 DETAIL "r '\ N~~D~ OPENtP. ANCHOR EASEMENT M45-"9) v LEGEND DISTINCTIVE BOIU)fR UHf NEW PROPERTY UNf ADJACENT PROPERTY UNE CENTERUNE NEW INGRESS/EGRESS EASEMENT .... , I.P. MIN MON N P.U.L O.R. {RJ R.R. P.l.f.E. P.S.D.E. P.S.S.L S 1O.W.t.. W W.LE. I ' /~4~- ~!I ~ / ___~..~O ,~ ~ I ' . r CU'VETAII'" ~ (FOR SHEET 3 ONLy) ../.. ~~ 7' ~';ig:; ~-; I! C3 18.50' '16"31'56" 15.02' C4 62.2.5' 42'36'41' 46.30' ./ PARCEL 5 \ ' I CS 20.00' '''S.". ,,$ : I / "C6 1272.00' 5'SO'..I" 129.76' , ~ .A C7 776.00' 12"05'26" 163.75' I' -- " C8 152.03' 7"05'10' 18.80' _ ...._n .. C9 440.32' 6'\0'23- 47.<<' w- .. CIO 131.00' 2r22'O]" 64.86' -. ..___1 ell 328.J)' 7"41'39' 4<',06' I e12 250.00' InO']4" 76.40' }t, m ~~: :f~:: ;':r~: I' I' I I . ':" C16 51.00' 35"04'30' 31.22' . :;;. el7 303.00' 7"48'15' 41.2r f" CI8 50.00' lr4)'45' lS.4r I C19 24.50' 90'00'30' 18.49' 01 ..5' g: :::::: i:::':;. :~:::~, : < e22 418.29' 8"4)'29" 63.70' :p.:JI' o ell 30.00' 90'00'00' '41.\2' ;:> 1 ~" g: 2~77~1;. \3i51~S~. ';i~~' 1< :01 ~ ... g~ :7~:~;: ~~::~: :~:~;: Zt , 15.60' =-1 C2S 10S.51' 2S'09'26" 53.H' 0 I~I MIN PARCEL 1 ;'1 C2. 200.00' '''43'''. .s.... .t:I: _ r C30 <41.00' 86'26'16' 61.85' ,lo'o4' ~ ...;- .... : C31 8000' <45'00'00' 6283' '~I ~I "v eo .0 ){ v g~ ::9 0:';, l~~::~~: ~:t ~ I :~I .' PARCEL 2 j-: ~'~e $<& I g; :::: ~:;~~: ':,'.~ [:ill ' , + N ~ ~'\~'\C) g~ ~:~~~: l:g~~' 1~;~;: ~' "" 41:", g ~/ I 08 7] 55' <4]"0]'50' 5528' :: , I ~-.!~'t ~ a (J c I ~~ :~~~: :~~~:~~ j~~~: 'I ' I __2.!!L"~-+-~ ~~20. ~r l C<1 126000. ""''''~'02. ~ - - -M1E --o7~~~~ -116 ~?t 5 ~~ _.~_~:-nC22 ell n Ll.. _lJIPJI' ~_ ~ ___ , I N56"37'50"W ~. 102<432 6362' I: I '~____~J______~__._______ EAST GRAND AVENUE: g .-.. INGRES~\-EGRESS~SEMENTSHEET (~..I:~ ~- ._m---=-~3=-- .~04003-2 I~~i \ 200 100 L21 539'17'23"E 58.<45' L22 S375<4'32'E 7.<47 L23 SS8"10'(M'[ 74.55' L24 5S6'37'SO'E 84.7<4' l25 S29"4S'26"W 66.77' 116 S31'22'10"W 7<4.<49' U7 5 78'22'10"W 121.95' U8 NII"37'50'W 81.25' U9 N ]<4'54'06" E <43.Z6' LlO 511'37'50'[ 8.59' UNETABlE: (FOR SHEET 3 ONLY) UN[ BEARING DISTANCE Ll S33'22'10'W <40.0Z' L2 5 l)8"O6'5l" [ 69;60' l3 511'31'SO"[ 43.59' L4 511"36'<41"[ 53.37' l5 S34'S"'06'W 56,76' l6 S36"53'16'W 9.68' l7 N78"4TlrW 36.00' 18 N6!r13'4l"W 22.60' 19 N 39"07'1 Ei W Z8.0Z' 1I0 NU'22'10"E 19.79' 1I1 N29'48'26'[ 66.47 1I2 N33'2Z"0'[ 101.75' l13 N33'22'10"[ 20.06' ll<4 556'37'50"E 26.00' ll5 S33'22'40"W 11.50' 1I6 556"37'50"E 115.76' Ll7 5""4<4']7'[ 61.21' US N 33"22'\0' E 6.00' l19 569'1]'''3'E <4".91' LlO 57"'51'{lr[ 32.42' ---- --.- ----- --- ABBREVIATIONS ANCHOR EASEMENT EAST IRONfltPE MINIMUM MONUMENT NO'Tl< PUBlIC UTILITY EASEMENT OfFICIAL RECORDS RADIAL ""..""" PRIVAT[ INGRESS/EGRESS EASEMENT PRIVATE STORM ORAlNAC;[ EASEMENT PRIVATE SANITARY SEWER EASEMENT SOUTll SluE"wAiJ( Uo.SEMEn'T WEST WATER UNE EASEMENT PRIVATE PARCEL MAP PM 05-0002 LANDS OF ARE-SAN FRANCISCO NO. 12, LLC CONSISTING OF SIX S,HEETS BEING A SUBDIVISION OF LOT 27 OF BLOCK 2 M SHOWN ON THAT CERTAIN MAP OF 'CABOT, CABOT AND FORBES INDUSTRIAL PARK UNIT NO. l-B" FILED FOR RECORD MAY 2S, 1966 IN BOOK 64 OF MAPS AT PAGES 49 THRU S 1, SAN MA TEe;> COUNTY RECORDS AND LYING ENTIRELY WITHIN THE CITY OF SOUTH SAN FRANCISCO COUNTY OF SAN MATEO STATE OF CALIFORNIA MARCH, 2008 ~ K!ER & WR!GHT T CIVIL ENGINEERS &. SURVEYORS, INC. 3350 Scott Boulevard. Building 22 . (408) 727 6665 ~ta aara, CilHfom~ 9505<4 . (<4081 727 5641 .' v ...........----1-_...... ///1 I'" / I I ./ \ I I /' __"', /lO'W.LE.. I I-;_./....y ./\ I~ ./.../ : I ~V// " ABBREVIATIONS \r-~i;irr--t)2~9-~~-i .~ ~.E. ~HOREASEMENT \ ---- J 10'P,5.5.E. " _.----...- I.P. IRON PIPE \ /1 _____' ~- MON MONUMENT \\ DEiAIL"A" , ~ ~-RO~..- N NORTH ,,/ ."..... I).~ g,r~ P1IRlK":IITlllTYEASEMENT '- ~ /' /- ..............."'''\\0.. ~ ~~:E. =~~:~=GRmEASEMENT '" :~~-~--""'''/0~~ ~ II' P.s.D.E.. PRlVATESTORMOAAINAGEEASEMENT r : P.s.S.E.. "IVATE SANITARY SEWER EASEMENT ' 5 SOUTH ::: :~:N:"=ENT ../ ~ // ~:~~~NL~STANCE II' /' ~ / L1 NS4OSZ'Ol-E 26.50' " ~ ~ ~~~~~r. \ ~~.~, : " L4 N33"24']3"E 87.32' . .' ~ LS Nl3"24']]"E 43.61' I' ~ -. l6 5110"Z']6"E 37.16' ____ l7 N 71"24'33" E 15.00' --- -.. ',18 511"42'36"E 32.00' I ._ -- 19 N 78"24'33" E 68.90' - llC 511"42'36"E H.79' u 111 N7S"lT24"E 2.56' t:~ ~~:~~:~ f~i~~. 'I L14 57726'06"E 11.49' 'I US SlZ-n"s.."w 19.1f{ I I L16 N 7726'06" W 10.00' 117 N01"OO'23"E 17.37' US 586"59'37 E 20.00' ~ Ug N 03'00'23" E 14.00' I 120 SS6"B'Z'"E 27.98' , I~I ~l m~m:r NJ[. :~I 123 531"03'32"'" 12.64' . PARCEL 4 . l" I,).. 124 556"4)'21"E 23.46' 'I o '~' ~ ~ ~~ ~ ~~:~~~g: ~ 2~:b8: .( ~ ~ (.i~ ~F - 121 5]3"22'10"'11 3.15' Z I S" I"q ~: ~ rf4~:~~: r N."6J' 0 I ;;l~l l3? ~~~~~g:: ls~{l f-4 PARCEL 1 . "'~ ~I~I l32 SI..":":' 2..0j>' :~I: -C> ~,\//~ -'" I til ~\~~.~or~ 9S~681' .~ I IS "";'>:r. u!J I. us 533"24'3)"W 2000' l..-l q, ~e ~c J :3~ ~~f.~nr-t" iO~,1' ~I ~ ~t L361 I ZOO'WLE. U8 N8rll'3Z"W ]g08 <C ".-V U9 533"22'10'''' HSS' ,\.",. -I ~ O'OICATEON"""N "" "rm.'w "... II - ,{ I ~I t:1 ~ ~~:~~~g: r 15JlJ;. ~ 3':::-' <P1r:1.' L43 N7S'24'13"E 357S' '~ ~" "l" I l44 N7r26'06"W 60~2.. \), ~~rSI L4S Nln6'06'W"844' I ~I ':1.... ~ ._ ~4.~' ~__ ___ -------------- -------- Q EAST GRAND AVENUE el SHEIT4:-uA04003_2 Ig!i CURVE TABlE: (FOR SHErr .. ONLY) CURVE RADIUS DELTA Cl 127.00' 35")9'32" C2 147.00' 35'39'32" Cl 1260.00' 2"11 'so' PARCEL MAP PM 05-0002 LANDS OF ARE-SAN FRANCISCO NO. CONSISTING OF SIX SHEETS UNGn< 79.0<4' 91.49' <48.32' ---- -"-" ---~ --- DISTINCTIVE BOfU)fR UNE NEW PROPERTY UNE AOj~CfNT PllOPERTY LINE CENTERLINE NEW EA5EMENT CENTERLINE NEW WATER UNE L\SEMENT LLC BEING A SUBDIVISION OF LOT 27 OF BLOCK 2 AS SHOWN ON THAT CERTAIN MAP OF 'CABOT, CABOT AND FORBES INDUSTRIAL PARK UNIT NO. l-B" FILED FOR RECORD MAY 25. 1966 IN BOOK 64 OF MAPS AT PAGES 49 THRU 5 I, SAN MATEO COUNTY RECORDS AND LYING ENTIRELY WITHIN THE 2, -100ft Sal. CITY OF SOUTH SAN FRANCISCO COUNTY OF SAN MATEO STATE OF CALIFORNIA MARCH, 2008 (P.S.S.E. EASEMENT SHEET (W.L.E. WATER LINE AND PRIVATE SANITARY SEWER LINE ~ KIER & WRIGHT T C-IVIL ENGINEERS & SURVEYORS,INC. 3350 Scott Boulevllrd, Building 22 ;. (408)7276665 SanUlOin,Callfomla950S4 . (408)7275641 .' v \ 200 100 CURVETA.BLE" (FOR SHEfT 6 ONLY) CURVE RADIUS DElTA """'" Cl 788.00' )"23'00' 46.53' C2 1260.00' 6'1759' 138.54' Cl 1260.00' 1"31'26' .JUI' -~' ____ -~ I .~4~.~1 ./ .............'"'f'l"..~Q- 1 ~/~~ 1'1 ;JP III, .~~.. .- I i I ? 1" f :,: ~ ~ ~ ' N 59"Ol'OI'W - ..J... 157.91' _~'~~3 5~~i~rwf ,,,- , I~! I / '~I ' I~ / PARCEL 3 .: _ .-- I:; I' . II ::11 0' ~ . . ~ f-o ' ~I ~II~ . ''''I ' ~ ~II~ ::9 I' -II lO.O'P.S.O.E. ~ ~r J n ..-, l ~ . ~I 1 , ' Jl: %11% JI ~' ~ ' L;' : II Ll ~ k= \:4 = = = ~~;~~::~ = J = = =;:I;:~ = = ~_T = = =.:= ~ L~__._ -'--~'----" ~.. --- --- N56"3TSO'W 1024.32' ------------------~---------- 9 ~- EAST GRAND AVENUE : ..._"._H. Jil .__ :~~...-...-~RIVATES;~RM DRA;~AGEEA;~MENTS~~~ (P.S:~.;--- SHEIT60F6 A04003-2 I~;i '00 LINE T.uu;: (FOR SHEET 6 ONLY) lINE BEARING OlSTANCE Ll N41'38'31" E 26.21' L2 SS6'3TSO-E 10.11' L) N 41'38'31" E 20.80' l4 N 33'22'10' E 10.00' lS 566"21'49'[ 78.94' L6 569"09'20'[ 61.70' l7 509"25'16'[ 14.84' La 555'50'20' E 23.48' 19 N 76"55'20' E 23.77 llO N ll'3T50'W 10.00' III S76"5S'20'W 13.90' llZ N SS"SO'20'W 23.11!!' l13 N09'2S'lS"W 5.98' U4 5 S6"3S']'-E 107.71' US 558"53'50' E 112.99' L16 N 31'06'10' E 10.00' l17 N S8"53'SO'W 113.00' ll8 N 5S'35'] l' W 106.05' Ltg N 31-06'10'E 8.47' l20 N 33"22'10"E 20.58' l21 N 56"3750' W 28.98' l22 N 11"37'50'W 89.92' L23 N 56"l7.'SO'W ]8.05' LEGEND OIST1NCTlYE BORDEIl. UNI NEW PROPERTY UNE AOJACENT PROPERTY UNE CENTERUNE NEW PUBLIC UTlUTY fASEMENT ABBREVIATIONS ANCHOR fASEMENT EAST IRONPlPE MONUMENT NOll'" PUlue UTILITY EASEMENT OFFICIAL RECORDS RAILROAD PRlVA.TE INCiR.m/EGRES5 EASEMENT PRIVATE STORM DRAINAGE fASEMENT PRIVATE SANITARY SEW'fR WEMENT 501JTH SIDeNALK EASEMENT WEST W....TER. j,j;.;E EASEMENT A.C , J.P. MON N P.U.E. O.~ .... P.I.E.E.. P.S.D.E.. P.S.S.E, 5 S.W.E. W W.Lf. PARCEL MAP PM 05-0002 LANDS OF ARE-SAN FRANCISC.O NO. 12, LLC CONSISTING OF SIX SHEETS BEING A SUBDIVISION OF LOT 27 OF BLOCK 2 AS SHOWN ON THAT CERTAIN MAP OF 'CABOT, CABOT AND FORBES INDUSTRIAL PARK UNIT NO.1 -B" FILED FOR RECORD MAY 25, 1966 IN BOOK 64 OF MAPS AT PAGES 49 THRU 51, SAN MATEO COUNTY RECORDS AND LYING ENTIRELY WITHIN THE CITY OF SOUTH SAN FRANCISCO COUNTY OF SAN MATEO STATE OF CALIFORNIA MARCH, 200B /' .__ .=_ _~/~n: I K!ER & WRIGHT CIVIL ENGINEERS &. SURVEYORS. INC 3350 Scott Soulevard, Buihflng 22 . (408) 727 66S5 Sanh. CI,n!., Callfomlt 95054 . ~ T StaffRe ort AGENDA ITEM #7 DATE: TO: FROM: SUBJECT: April 9, 2008 Honorable Mayor and City Council Terry White, Director of Public Works RESOLUTION TO ENTER INTO A RI~CYCLED WATER PROJECT FACILITY PLAN MEMORANDUM OF UNDERSTANDING AND CONSUL TING AGREEMENT RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to enter into a Memorandum of Understanding (MOU) for Engineering Consulting Services for a Recycled Water Project ][?acility Plan (RWPFP) awarding a Consulting Services Agreement with Carollo Engineers in the amount of $173,200. BACKGROUND/DISCUSSION In 2007, the Cities of South San Francisco (SSF), San Bruno and Brisbane, in conjunction with the SFPUC and Cal Water, completed a feasibility study for utilizing recycled water as an additional water source, primarily for irrigation. The feasibility study identified potential customers and generation/distribution options. In essence, the study concluded that there is a real chance to create and use recycled water for non-potable purposes throughout the north Peninsula. The next step is to create a R WPFP through this agreement. The purpose and goals of this Consulting Services Agreement are to: · More clearly identifY recycled water demands and requirements using satellite treatment facilities; · IdentifY pumping and piping modifications required to deliver secondary effluent from the Water Quality Control Plant to satellite tertiary facilities; · Design a conceptual distribution system and storage and pressure requirements to deliver recycled water; · Provide preliminary information on treatment processes including sizing offine screening, tertiary membranes, and support equipment; · Evaluate various reuse options to identifY preferred project alternatives including treatment, storage, transmission and distribution facilities; · Prepare preliminary drawings for the preferred project alternatives and develop project design criteria; Staff Report Subject: RESOLUTION TO ENTER INTO A RECYCLED WATER PROJECT FACILITY PLAN MEMORANDUM OF UNDERSTANDING AND CONSUL Tn~G AGREEMENT Page 2 of 2 · Develop preliminary detailed cost estimates of the identified preferred project alternatives; · Obtain a comprehensive, easily understandable facility plan on Recycled Water Project alternatives and; · Coordinate the use of surface and groundwater resources in the South Westside Basin The cost for development of this plan is $173,200 and is to be shared equally among the three parties. Upon completion of the plan, the parties will review and decide on next steps and agreements for construction of the treatment facilities, transmission and distribution responsibilities, as well as cost sharing for the capital improvements and operation costs. FUNDING The total cost of the Engineering Consulting Services Agreement will not exceed $173,200 and will be apportioned equally between the three parties. South San Francisco's share is $57,733. Funds have been budgeted for this project in the 2007-2008 CIP. CONCLUSION The facility plan is the next phase of the feasibility study. Staffrecornmends we continue with the next phase of this project. Adoption of the resolution would then authorize the City Manager to enter into a MOU for a Recycled Water Project Facility Plan with SFPUC and Cal Water and award an Engineering Consulting Services agreement to Carollo Engineers. '\ () '" ~ B~ ~;:- Terry White Director of~ blic Works Approved: ~ 'Of . Nagel City Manager - Attachment: Resolution Memorandum of Understanding Engineering Consulting Services Agreement at/rr/tw/kj RESOLUTION NO. CITY COUNCIL CITY OF SOUTH SAN FRANCISCO RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING (MOU) FOR ENGINEERING CONSUL TING SERVICES A WARDING A CONSUL TING SERVICES AND AGREEMENT TO CAROLLO ENGINEERS IN THE AMOUNT OF $173,200 WHEREAS, the City of South San Francisco and City of San Bruno, in conjunction with San Francisco Public Utilities Commission (SFPUe) and California Water Service Company (Cal Water), completed a feasibility study prepared by Carollo Engineers; and WHEREAS, the total cost of the Engineering Consulting Services is not to exceed $173,200 and will be apportioned equally between the three parties, with $57,733 to be covered by South San Francisco; WHEREAS, this project is listed in the 2007-2008 approved Capital Improvement Program and adequate funds are available; WHEREAS, SFPUC obtained authorization to approve the agreement from their Commissioners on December 11, 2007 and Cal Water fully supports the study and agrees with the terms of the MOU; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby: (1) A wards a Consulting Services Agreement to Carollo Engineers in the amount of $173,200, $57,733 of which South San Francisco shall be responsible for, conditioned upon Carollo's timely execution of the project contract and submission of all required documents, including but not limited to, executed bonds, certificates of insurance, and endorsements (2) Authorizes the City Manager to execute the Memorandum of Understanding on behalf of the City Council 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 _' 2008 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk MEMORANDUM OF UNDERSTANDING by and between the CITY OF SOUTH SAN FRANCISCO CALIFORNIA WATER SERVICE COMPANY and the SAN FRANCISCO PUBLIC UTILITIES COMMISSION for ENGINEEIUNG CONSULTING SERVICES FOR A RECYCLEn WATER PROJECT FACILITY PLAN This Memorandum of Understanding (MOU) is entered into this/day of December 2007, by and between the San Francisco Public Utilities Commission (SFPUC), the City of South San Francisco (South San Francisco), and the California Water Service Company (Cal Water) for the pmpose of sharing costs and responsibilities for engineering consulting services flDr a facility plan of alternatives for a proposed South San Francisco Recycled Water Project (Recycled Water Project). RECITALS WHEREAS, the SFPUC and Cal Water (in its capacity as potable water service provider to the City of South San Francisco) are participating in discussions to improve the management of surface and groundwater resources within the South Wests ide Basin Aquifer underlying portions of San Francisco, Daly City, San Bruno, and South San Francisco; and WHEREAS, recycled water, to the extent made available for irrigation purposes, is a valuable resource that could offset surface water imports by the SFPUC and reduce groundwater pumping in the South Westside Basin, thereby freeing up groundwater for potable use; and WHEREAS, South San Francisco and the City of San Bruno jointly operate a waste water treatment plant in South San Francisco for treatment of wastewater from their respective service areas, which plant discharges secondary treated wastewater to San Francisco Bay; and WHEREAS, the parties desire to investigate and evaluate Recycled Water Project alternatives at a facility plan level in order to determine whether to proceed with conceptual and detailed design efforts suitable to support an environmental document and future cost sharing agreements between the parties; NOW, THEREFORE, it is mutually understood and agreed as follows: SECTION 1: AUTHORITY OF PARTIES 1.1 The SFPUC is responsible for managing San Francisco's municipal utilities pursuant to the Charter of the City and County of San Francisco and provides surface water on a wholesale basis to Cal Water. 1.2 South San Francisco is a General Law City pursuant to the laws of the State of California. MOD for South San Francisco Recycled Water Study 2.4 2.5 2.6. 2.7 2.8 1.3 Cal \Vater is an investor owned utility, as defined in California Public Utilities Code Section 2701. SECTION 2: DEFINITIONS The abbreviations and capitalized words and phrases used in this MOU shall have the following meanings: 2.1 "Cal Water" means the California Water Service Company. 2.2 "Contractor" means Carollo Engineers. 2.3 "Engineering Consulting Services" means the services to be performed by Contractor identified in the scope of work attached as Exhibit A. "Parties" means the Cal Water, SFPUC, and South San Francisco. "Recycled Water Projeet" means investigating and evaluating recycled water alternatives to be developed by Contractor at a facility plan level for providing tertiary treated recycled water for irrigation of Orange Park, California Golf Club, Linear Park, Golden Gate National Cemetery, and cemeteries in the Town of Colma, in accordance with Exhibit A. "SFPUC" means the San Francisco Public Utilities Commission. "South San Francisco" means the City of South San Francisco. "Water Quality Control Plant" means the wastewater treatment plant in South San Francisco that is jointly operated by San Bruno and South San Francisco. SECTION 3: PURPOSES AND GOALS OF THE ENGINEERING CONSULTING SERVICES 3.1 Purposes and Goals: The purposes and goals of the Engineering Consulting Services are: 3.1.1 To evaluate existing data to identify recycled water demands and requirements of anticipated customers based on the use of satellite treatment facilities. 3 .1.2 To identify pumping and piping modifications required to deliver secondary effluent from the Water Quality Control Plant to satellite tertiary facilities. 3 .1.3 To develop the distribution system, storage and pressure requirements to deliver recycled water to Recycled Water Project users. 3.1.4 To provide preliminary information on treatment process including sizing of fine screening, tertiary membranes, and support equipment. 3.1.5 To evaluate various reuse options to identify a preferred project alternative that will include treatment, storage, transmission and distribution facilities. 3.1.6 To prepare preliminary drawings for the preferred project alternative, and develop project design criteria. MOD for South San Francisco Recycled Water Study 2 3.1.7 To develop preliminary cost estimates of the identified preferred project alternative. 3. I .8 To obtain a comprehensive, easily understandable facility plan on Recycled Water Project alternatives that can be used to further public understanding, grant applications, future environmental assessment in support of the project, and future agreements between the Parties. 3.1.9 To further the ef:DDrts of the parties to coordinate the management of surface and groundwater resources in the South Westside Basin. SECTION 4: FUNDING AND ADMINISTRATION OF ENGINEERING CONSULTING SERVICES CONTRACT 4.1 Funding: The total cost of the Engineering Consulting Services is not to exceed $173,200. The total cost will be apportioned equally between the Parties: 4.1.1 Cal Water will contribute $57,733. 4.1.2 SFPUC will contfilbute $57,733. 4.1.3 South San Francisco will contribute $57,733. 4. 1.4 In the event that the total cost of the Engineering Consulting Services exceeds $173,200, the Parties will meet to renegotiate the additional funding required and their respective shares. The cost sharing arrangement for the Engineering Consulting Services shall not be considered precedential for the financing of the construction and implementation of the Recycled Water Project, should the Parties choose to undertake the Project following the conclusion of the scope of the Consulting Services described herein following completion of all required environmental review under Cali:DDrnia Environmental Quality Act. 4.1.5 Cal Water and SFPUC shall maintain the right to review and approve all contracts and associated amendments between South San Francisco and the Contractor for this Project. As such, South San Francisco shall provide copies of draft contract(s) with its Contractor(s) to Cal Water and SFPUC for review prior to ilmplementation. Any changes to the compensation to the Contractor shall be reasonably approved by Cal Water and SFPUC in advance. 4.1.6 Cal Water and SFPUC shall provide payment of invoices within 30 days of receipt of invoices from South San Francisco. Invoices shall include a breakdown of expenses incurred and a description of work completed during the invoice period. 4.2 Administration of Contract: South San Francisco shall serve as project manager of the contract and be responsible for managing the contract for Engineering Consulting Services for the Recycled Water Project. South San Francisco's contract with the Contractor shall contain language which deems the Contractor to be an independent contractor of South San Francisco and not an agent or employee of the South San Francisco, Cal Water, or SFPUe. 4.3 Relationship of Parties With Respect to Funding: The obligation of each party to make payments under the tenns and provisions of this MOU is an individual and several obligation and not a j oint obligation with those of the other parties. Each party shall be individually responsible for its own obligations under this MOD. No party shall be under the control of, or shall be deemed to control any other party or parties collectively. No party shall be the agent of, or have the right MOD for South San Francisco Recycled Water Study 3 or power to bind any other party without such party's express written consent, except as expressly provided in this MOD. 4.4 Invoices: South San Francisco's contract with Contractor shall require the Contractor to submit monthly invoices. The invoices shall separately set forth in detail the services performed and the expenses incurred for the Recycled Water Project, and shall identi~y' which individual provided such services. The SFPUC, and Cal Water shall be given the opportunity to review the Contractor's invoices before payment is made. 4.5 Insurance: South San Francisco's contract with the Contractor shall require the Contractor to maintain in force during the course of the contract insurance in the following amounts and coverages, with insurers satisfactory to Cal Water and the SFPUC: (i) Commercial General Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Products and Completed Operations; and (ii) Automobile Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned, Non-Owned and Hired auto coverage, as applicable. If any policy includes an aggregate limit or provides that claims investigation or legal defense costs are included in such aggregate limit, the aggregate limit shall be double the occurrence limits specified above. Each policy shall: (i) name as additional insured South San Francisco, Cal Water and the SFPUC, and their officers, agents and employees; (ii) provide that it is primary to any other insurance available to any additional insured, with respect to any claims arising out of this Agreement; (iii) provide that it applies separately to each insured against whom claim is made or suit is brought; and (iv) provide for at least thirty (30) days' advance written notice to South San Francisco, Cal Water and the SFPUC of cancellation or modification. 4.6 Indemnity: South San Francisco's contract with the Contractor shall contain language requiring the Contractor to indemnify, defend and hold harmless South San Francisco, Cal Water and the City and County of San Francisco for any and all claims for bodily injury or property damage arising out of the negligence or willful misconduct of the Contractor. 4.7 Return of Unexpended Engineering Consulting Services Funding: Upon completion ofthe Engineeling Consulting Services, South San Francisco shall return to Cal Water and SFPUC any portion oftheir share of contract funding for the Recycled Water Project, which have not been expended or obligated to the Contractor. If South San Francisco has terminated the agreement prior to completion of Engineering Consulting Services and either the SFPUC or Cal Water has assumed the role of contract administrator, then Cal Water and SFPUC shall return to South San Francisco any portion of its share of contract funding for the Recycled Water Project, which have not been expended or obligated to the Contractor. SECTION 5: GENERAL PROVISIONS GOVERNING MOU 5.1 Term: The term of this MOU shall be twelve (12) months from the date of execution by the Parties. 5.2 Invalidity of Any Term Not to Invalidate Entire Memorandum: In the event that any of the terms, covenants or conditions of this MOU or the application of any such term, covenant or condition shall be held invalid as to any party by any court of competent jurisdiction, all other terms, covenants, or conditions of this MOU and their application shall not be affected thereby, but shall remain in full MOD for South San Francisco Recycled Water Study 4 force and effect u.'11ess any such court holds that those provisions are not separable from all other provisions of this MOD. 5.3 Construction of Terms: This MOU is for the sole benefit of the Parties and shall not be construed as granting rights to or imposing any obligations on any person other than the Parties. 5.4 Good Faith: Each party shall use its best efforts and work wholeheartedly and in good faith for the expedited completion of the objectives of this MOU and the satisfactory performance of its terms. 5.5 Termination for Convenience: Cal Water, South San Francisco and/or SFPUC may terminate this MOU for any party's convenience and without cause at any time by giving the other parties thirty (30) days written notice of such termination. In the event of such termination, South San Francisco will be paid for services performed by the Contractor, pursuant to this MOU, to the satisfaction of Cal Water and/or SFPUC up to the date of termination. In no event will South San Francisco, Cal Water and/or SFPUC be liable for costs incurred by the Contractor after receipt of a notice of termination. 5.6 Governing Law: This MOU is made under and shall be governed by the laws of the State of California. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding by their duly authorized representatives as of the day and year indicated on the first page of this MOD. CITY OF SOUTH SAN FRANCISCO CALIFORNIA WATER SERVICE COMPANY By: Barry Nagel City Manager By: Robert R. Guzzetta Vice President-Engineering and Water Quality Dated: Dated: Authorized by City of South San Francisco City Council, Resolution No. Authorized by California Watcr Service Company, Resolution No. __ By: Commission Secretary By: Secretary Adopted ,2007 Adopted ,2007 MOD for South San Francisco Recycled Water Study 5 APPROVED AS TO FORM APPROVED AS TO FORM Meyers Nave LLP Duane Morris LLP By: By: Colin L. Pearce Attorneys for California Water Service Company Steven T. Mattas Attorneys for City of South San Francisco MOD for South San Francisco Recycled Water Study 6 CITY AND COUNTY OF SAN FRANCISCO PUBLIC UTILITIES COMMISSION By: Susan Leal General Manager Dated: Authorized by San Francisco Public Utilities Commission, Resolution No. By: Commission Secretary Adopted , 2007 APPROVED AS TO FORM Dennis Herrera, City Attorney By: Joshua Milstein Deputy City Attorney MOD for South San Francisco Recycled Water Study 7 EXHIBIT A Consulting Services to City of South San Francisco for Recyc~led Water Facility Plan for the South San ]i'rancisco Recycled Water Project Task 1: Demand Analysis $3,902 Task 2: Secondary Effluent Delivery Analysis $13,424 Task 3: Recycled Water Distribution Analysis $14,216 Task 4: Process Analysis $8,060 Task 5: Alternative Development $15,680 Task 6: Alternative Evaluation $18,020 Task 7: Cost Estimates $12,780 Task 8: Project Management $14,280 Task 9: Meetings $41,998 Task 10: Report Preparation $30,840 Total: $173,200 MOD for South San Francisco Recycled Water Study 8 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND CAROLLO ENGINEERS, P.C. THIS AGREEMENT for consulting services is made by and between the City of South San Francisco and Carollo Engineers, P.C. ("Consultant") (together sometimes referred to as the "Parties") as of (the "Effective Date"). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A. attached hereto and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the tHrms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assianment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed hun~rne~i~~~~~itM~tm~~g.thoQ~ , notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regardin9 the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified Consulting Services Agreement between City of South San Francisco and Carollo Engineers P.C. DATE Page 1 of 14 herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoiice date. Invoices shall contain the following information: · Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; · The beginning and ending dates of the billing period; · A Task Summalry containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; · At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; · The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; · The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever Consulting Services Agreement between City of South San Francisco and Carollo Engineers P.C. DATE Page 2 of 14 incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the in Exhibit A. 2.6 Reimbursable Expens1es... Reimbursable expenses are specified below, and shall not exceed. .. ...... ..i. Expenses not listed below are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Consulting Services Agreement between City of South San Francisco and Carollo Engineers P.C. DATE Page 3 of 14 Section 4. INSURANCE REQUIR1EMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit B, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensaticln. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subro9ation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death nesulting there from, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. Consulting Services Agreement between City of South San Francisco and Carollo Engineers P.C. DATE Page 4 of 14 4.2.2 Minimum scope of covera~e. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 4.3 Professional Liability Insurance. 4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of thl9 Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverag1e is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. Consulting Services Agreement between City of South San Francisco and Carollo En9ineers P.C. DATE Page 5 of 14 d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies ReQuireme!nts. 4.4.1 Acceptability elf insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coveraQe. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. 4.4.3 Notice of Reduction in or Cancellation of CoveraQe. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return rec6iipt requested, has been given to the City. In the event that any coverage requimd by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earUest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. 4.4.4 Additional insurled; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. Consulting Services Agreement between City of South San Francisco and Carollo Ennineers P.C. DATE Page 6 of 14 During the period covered by this Agreement, only upon the prior express vvritten authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.7 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurancE! policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: · Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sLIms due under the Agreement; · Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or · Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteE!rs and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or Consulting Services Agreement between City of South San Francisco and Carollo En~Jineers P.C. DATE Page 7 of 14 violation of law. It is undeistood that the duty of Consultant to indemnify and hold haimless includes the duty to defend as set forth in Section 2'778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligiblE! for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. 6.2 Section 7. 7.1 7.2 STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Consultant No AQent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. LEGAL REQUIREMENTS~ GoverninQ Law. The laws of the State of California shall govern this Agreement. Compliance with Applicclble Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. Consulting Services Agreement between City of South San Francisco and Carollo Engineers P.C. DATE Page 8 of 14 7.3 Other Governmental R:e~ulations. To the extent that this Agreement may be: funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of what-so-ever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effectivE~ date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Consulting Services Agreement between City of South San Francisco and Carollo Engineers P.C. DATE Page 9 of 14 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assi~nment and Subc()f1tractin~. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assi9n this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach b}r Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Consulting Services Agreement between City of South San Francisco and Carollo En~lineers P.C. DATE Page 10 of 14 Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties unless required by law. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit elf Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to !reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Court for the First District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so Consulting Services Agreement between City of South San Francisco and Carollo Engineers P.C. DATE Page 11 of 14 adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assi~ms. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recvcled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code ~1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code ~ 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Aweement, either orally or through any written materials. 10.9 Contract Administration!. This Agreement shall be administered by Ray Razavi, City Engineer ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Consulting Services Agreement between City of South San Francisco and Carollo Engineers P.C. DATE Page 12 of 14 Carollo Engineers, P.C. 2700 Y~lnacio Valley Road, Suite 300 Walnut Creek, CA 94598 Any written notice to City shall be sent to: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the reporlJdesign preparation. The stamp/seal shall be in a block entitled "Seal and Signature of R<egistered Professional with report/design responsibility," as in the following example. Seal and Si~,nature of Registered Professional with report/design responsibility. 10.12 Inte~ration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 10.13 Counterparts. This AgrEiement may be executed in multiple counterparts, each of which shall be an original and alii of which together shall constitute one agreement. Consulting Services Agreement between City of South San Francisco and Carollo Engineers P.C. DATE Page 13 of 14 The Parties have executed this Agreement as of the Effective Date. CITY OF SOUTH SAN FRANCISCO Consultants Barry M. Nagel, City Manager NAME: TITLE: Attest: City Clerk Approved as to Form: City Attorney 207532_1 Consulting Services Agreement between City of South San Francisco and Carollo Engineers P.C. DATE Page 14 of 14 EXHIBIT A SCOPE OF SERVICES 207532_1 Consulting Services Agreement between City of South San Francisco and Carollo Engineers, P.C. - Exhibit A DATE Page 1 of 1 207532_1 EXHIBIT B INSURANCE CERTIFICATES Consulting Services Agreement between City of South San Francisco and -Exhibit B DATE Paqe 1 of 1 Staff Report AGENDA ITEM #8 DATE: TO: FROM: SUBJECT: April 9,2008 Honorable Mayor and City Council Terry White, Director of Public Works RESOLUTION APPROVING THE INSTALLATION OF STOP SIGNS ON LINDEN AVENUE AT ASPEN AVENUE AND CALIFORNIA AVENUE RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the installation of stop signs on Linden Avenue at Aspen Avenue and California Avenue. BACKGROUND/DISCUSSION The Traffic Advisory Committee (T AC) received a request from the community group, Association of Community Organizations for Reform Now (ACORN), for two all-way stop signs on Linden Avenue located at Aspen Avenue and California Avenue. The main concern was speeding along the Linden Avenue corridor. In addition, ACORN suggested eliminating the existing all-way stop sign at the intersection of Linden Avenue and Pine Avenue if the above stated stop signs are approved. Currently, there are two-way stop signs on Aspen Avenue and California Avenue, with no stop control on Linden Avenue. According to the General Plan, Linden Avenue is classified as a minor arterial roadway and both Aspen and California are classified as local roadways. The Police Department conducted radar speed surveys of Linden Avenue from Armour Avenue to Pine Avenue and Pine Avenue to Miller Avenue. The survey results indicate speeding is not the prevailing condition on Linden Avenue. This is not to say speeding does not occur, but that it is likely isolated instances, rather than the norm. The Police Department will continue to monitor the roadway and issue citations as necessary. T AC reviewed both intersections for the installation of all-way stop signs. T AC recommends that stop signs be installed due to the high vehicular and pedestrian conflicts on Linden Avenue. Linden Avenue is a busy commercial corridor which brings in both pedestrian and vehicular traffic. Stop signs would increase the safety for the existing marked crosswalks at both intersections, as well as, discourage intermittent speeding on Linden Avenue. Staff Report Subject: Installation of Stop Signs on Linden Avenue at Aspen Avenue and California Avenue Page 2 of2 T AC does not recommend removing the existing all-way stop sign at the intersection of Linden Avenue and Pine Avenue. This stop sign was previously studied and determined to be warranted. Please refer to Exhibits 1 through 3 as they display the existing condition and the proposed recommendation for the installation of the stop signs on Linden Avenue at Aspen Avenue and California Avenue. FUNDING No additional funding would be necessary to install the stop signs at these locations. The stop signs are in stock with the Street Maintenance Division and the time used to install the signs would be charged to general street maintenance. CONCLUSION Staff recommends the installation of stop signs on Linden Avenue at Aspen A venue and California Avenue. Installation of these stop signs would increase the safety for the existing marked crosswalks and discourage intermittent speeding on Linden Avenue. .~ \ 0 _0 By: '---.J----:\ ~~...~ Terry White ( \ Director ofP~c Works ApprOV~1/ '(-~ M. Nage City Manager . RR/tas/kj Attachment: Resolution Location Map - Exhibit 1 Vicinity Maps - Exhibits 2 and 3 RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE INSTALLATION OF STOP SIGNS ON LINDEN AVENUE AT ASPEN AVENUE AND CALIFORNIA AVENUE WHEREAS, the Traffic Advisory Committee (T AC) received a request from the community group, Association of Community Organizations for Reform Now (ACORN), for two all-way stop signs on Linden Avenue located at Aspen Avenue and California Avenue; and WHEREAS, there are two-way stop signs on Aspen Avenue and California A venue with no stop control on Linden Avenue; and WHEREAS, T AC recommends that stop signs be installed due to the high vehicular and pedestrian conflicts on Linden Avenue. Stop signs would increase the safety for the existing marked crosswalks at both intersections, as well as, discourage intermittent speeding on Linden Avenue. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby approves and authorizes staff to install stop signs on Linden Avenue at Aspen Avenue and California Avenue. * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 9th day of April 2008 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk 1066270.1 a ~ '" fa U cUi i . ~ I l j 1 ! ,; Wa.. =>< z~ ~z <0 zl= w< " ou ~ zo C :J...J it .. ~ E ; ~n it .. I;; o ~~ un: z~ ~o u.:J z'" ~ ;:j~ '" :I:u- ~ 1-0 :J!z Ow en::;; u.\i1 0<( ~fu _0 u ~ . ----~ ..- l- eD I X W ;:; o ~~ C3~ ~~ LL::; ~~ ~ (/)~ VI IO ~ 5!z Ow (/)~ LLo:: 00: >w !:::C () . '" r- eD :r: X W z Cl Cij "Q. 00 ffilii C>~ W~ ..../0:: l; o ~~ U~ ~~ U-:J ~~ ~ CIl::: " IO ~ ~!z Ow CIl:' U-~ O~ ~w _0 U . rr) I- m :r: x w z (!) (jj .. ll. 00 ZI- wrn C).!. W.!. ....Ill:: - ~'tR s4N Ii ~ . ~~\ (0 ~ >- - ~ ~ u 0 ~IIFO""~ Staff Re20rt AGENDA ITEM # 9 DATE: April 9, 2008 TO: Honorable Mayor and City Council FROM: Elaine Yamani, Human Resources Director SUBJECT: A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 39 AND THE CITY OF SOUTH SAN FRANCISCO DATED JANUARY 1,2008 THROUGH DECEMBER 31,2008 RECOMMENDA TION It is recommended that the City Council adopt a resolution approving the Memorandum of Understanding between the International Union of Operating Engineers, Local 39 and the City dated January 1, 2008 through December 31,2008. BACKGROUND/DISCUSSION Attached is a Memorandum of Understanding (MOU) between the International Union of Operating Engineers, Local 39 and the City of South San Francisco, incorporating the agreed-upon terms and conditions of employment for the unit based on the negotiations held between the City and the members of the Operating Engineers, Local 39. The MOD was negotiated within the parameters authorized by the City Council. The following is a summary of the substantive revisions that are included in the attached memorandum: Alternate Retiree Medical Plan Section 7.11.2 of the Memorandum potentially alters the manner in which the City provides Retiree Medical Insurance for future employees. Specifically, if all City bargaining units agree to participate in an alternative program where the City would contribute 1.5% of the employee's base monthly salary toward a Medical after Retirement Savings Account, employees hired after the adoption of such a program by all City bargaining units would no longer be eligible for the Retiree Medical Program described in Section 7.11.1 CONCLUSION It is recommended that the City Council approve the Memorandum of Understanding between the International Union of Operating Engineers, Local 39 and the City dated January 1, 2008 through December 31,2008. By: ~- ~. . .,.. ~/- , . ~ / C,//1-(t/1A./ Elai' Yamani Human Resources Director ~.,' ~(~ 7 By. agel CIty anager Attachment: International Union of Operating Engineers' Memorandum of Understanding RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 39 AND THE CITY OF SOUTH SAN FRANCISCO DATED JANUARY 1, 2008 THROUGH DECEMBER 31, 2008 WHEREAS, staff desires approval of a Memorandum of Understanding with the International Union of Operating Engineers, Local 39 Unit; and WHEREAS, an agreement to the current Memorandum of Understanding document was prepared, reviewed and approved by the City Attorney, which incorporates these agreed upon terms and conditions of employment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves the Memorandum of Understanding with the International Union of Operating Engineers, Local 39 dated January 1, 2008 through December 31,2008. 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 regular meeting held on the day of 2008 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk Tt-t ~ ~ South ~f , Memorandum of Understanding Between the International Union of Operating Engineers, Local 39 and the City of South San Francisco January 1, 2008 through December 31, 2008 City of South San Francisco International Union of Operating Engineers, Local 39 Memorandum of Understanding T able of Contents Preamble 1. Recognition................................................................................................... ......... 1 2. Union Security ....................................................................................................... 1 2.1 Agency Shop ......... ..................................................... .................................. 1 2.1.1 New Employees................................................................................. 1 2.1.1.1 Union Dues......................................................................... 1 2.1.1.2 Agency Fee. .......... .............. .............. ......................... ......... 1 2.1.1.3 Charitable Contribution...................................................... 1 2.1.2 Notification of New Employees ........................................................ 1 2.1.3 Changing Dl~ductions ....................................................... ................. 2 2.1.4 Deductions During Absences ............................................................ 2 2.1.5 Failing to Follow this Article ............................................................ 2 2.1.5.1 City Notification .................................................................. 2 2.1.5.2 City Obligation .................................................................... 2 2.1.5.3 Re-notifying Employee ......................... ............................... 2 2.1.5.4 Involuntary Deductions........................................................ 2 2.1.6 Invalidated Fees...... ........................................... ................. ......... ...... 2 2.1.7 Hold Harrnless................................................................................... 2 2.1.8 Deduction Forms ............................................................................... 2 2.2 Communication with Employees................................................................. 2 2.3 Advance Notice.................................................................... ......................... 3 2.4 Copies of Memora:ndum of Understanding ................................................. 3 3. Management Rights......."............................................................. ....... ......... .......... 3 4. No Discrimination.......... "....................................................................................... 3 5. Union Stewards and Offkial Representatives ....................................................... 3 5.1 Union Stewards................................................................ ....... ....... ............... 3 5.2 Permission to Leave Workstations .............................................................. 4 5.3 Abuse of this Artic:le......... .............. .......................... .............. .............. ....... 4 5.4 Representation for Disciplinary Action ....................................................... 4 5.5 Union Representatives................................................................ ................. 4 5.6 Access to Personnel Files ............................................................................ 4 6. Salaries and Other Compensation ................................................... ................ ....... 4 6.1 Wage Rates .......... ................................................................................. ....... 4 6.2 Apprentice Wage ltates ........................................................................ ....... 5 6.3 Lead Operator Assignment .......................................................................... 5 6.3 .1 Wage Rates.................................................. ...................................... 5 6.3.1.1 Compensation.......................................... .... ............ .............. 5 6.3.1.2 Increased Incentive Rates ...................................................... 5 6.4 Premium Pay for Grade Certification .......................................................... 5 6.4.1 Grade III Certification ....................................................................... 5 6.4.2 Grade IV Certification....................................................................... 5 6.4.3 Plant Classifications.................................................................... ...... 5 6.4.3.1 Grade Certifications ............................................................. 5 6.4.3.1.1 Mechanical and Elec:trical Classifications........... 5 6.2.3.1.2 Mechanical and Electrical Classifications........... 5 6.4.4 Lead and Senior Classifications ........................................................ 6 6.4.5 Chemist Classifications ................................... .......... ........................ 6 6.4.5.1 Grade III Certifications ........................................................ 6 6.5 Longevity Pay Plan ........................................................ .... .......................... 6 6.5.1 Fifteen Years of Service .................................................................... 6 6.5.2 Twenty Years of Service ................................................................... 6 6.6 Shift Differential.................................................................. ...... ............ ...... 6 6.7 Like Work for Like Pay (Temporary Upgrading) ........................................ 6 6.8 Temporary Assignment to Higher-level Position ........................................ 6 6.9 Salary Plan Administration, Advancement within Salary Rates.................. 7 6.10 Revisions to Salary Schedule....................................................................... 7 6.10.1 Salary Plan Administration and Salary Step After Promotion......... 7 6.10.2 Salary Plan Administration and Salary Step After Demotion.......... 7 6.11 Salary Plan and Payperiods.......................................................................... 7 6.12 Certification Reimbursement........................................................... ............ 7 6.12.1 Mandatory Certification................................... ................................ 7 6.12.2 Voluntary Certification .................................................................... 7 6.13 Contracting work ........... ....... ..................... ......... ................ ............. ............. 7 6.14 Committee Review......... ............................................................................... 7 6.15 Salary Survey............................. ............ ......................... .............................. 7 7. Health and Welfare Plans....................................................................................... 8 7.1 Medical Insurance ......................................................... ...... ......................... 8 7 .1.1 Available Plans..... ....... .............. ..................................... .......... ......... 8 7.1.1.1 ..... ........ ................ ..... ........ ............ ............... ........................ 8 7.1.1.2 ..... .................... ................ ....................... ............... .............. 8 7.1.2 Payment of Premium Costs ............................................................... 8 7.1.2.1 Maximum Rate ................................................... ................. 8 7.1.3 Effective Date of Coverage ............................................................... 8 7.2 Dental Insurance.......................................................................................... 9 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page ii Page iii City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding 7 .2.1 Available Plan...... ................. ......................................... ............ ....... 9 7.2.2 Changes in Plan ................................................................................. 9 7.2.3 Orthodontia..................................................................... .................. 9 7.2.4 PaytIlent of Premium Costs ............................................................... 9 7.2.5 Effective Date of Coverage ........... .................................................... 9 7.3 Vision Insurance.................................................................... ...................... 9 7.3 .1 Available Plan ........... ......................................... ............ ............ ....... 9 7.3.2 PaytIlent of Premium Costs .......... ..................................................... 9 7.3.3 Effective Date of Coverage ............................................................... 9 7.4 Discretionary Benefit Option .......... ............................................................. 9 7.4.1 Proof of Alternate Insurance .............................. ............................... 9 7.4.2 Method of C:omputation ................................................... ................. 9 7.4.3 Exercising the Option........................................................................ 9 7.5 Life Insurance and Accidental Death and Dismemberment Insurance ........ 10 7.5.1 Term Life Value ................................................................................ 10 7.5.2 AD&D V alue..................................................................................... 10 7.5.3 PaytIlent of JPremium Costs ............................................................... 10 7.5.4 Effective Date of Coverage ............................................................... 10 7.6 Disability Insurance Program....................................................................... 10 7.6.1 Short-term Disability ............................................ ............................. 10 7.6.2 Long-term Disability ......................................................................... 10 7.6.3 PaytIlent of Premium Costs ............................................................... 10 7.6.4 Effective Date of Coverage ............................................................... 10 7.7 Education Expense Reimbursement Program.............................................. 10 7.7.1 Continuing Education Expenses ....................................................... 10 7.8 Section 125 Plan .............. ................ .................................. ............ ......... ...... 10 7.8.1 Health Care Reimbursement ............................................................. 11 7.8.2 Dependent Care Reimbursement....................................................... 11 7.9 Section 457 Deferred Compensation Plan ................................................... 11 7.10 Deceased Employee Benefits....................................................................... 11 7.11 Retired Employee Benefits .......................................................................... 11 7.11.1 Group Medical Insurance for Qualifying Retirees ......................... 11 7.11.2 Alternate Retiree Medical Plan ("GASB") .................................... 11 7.11.3 Group Dental Insurance for Qualifying Retirees............................ 11 7.11.4 Group Vision Insurance for Qualifying Retirees............................ 12 7.12 Retirement Plans.......... .............. ...................................... ............................ 12 7.12.1 Employee Contributions to the Retirement System ....................... 12 7.12.2 Sick Leave Service Credit ....................................................... ....... 12 7.12.3 Optional Provisions Added ..................................................... ....... 12 7.12 Retirement Health Savings Plan ........................................................... ....... 12 8. Hours of Work and Overtime ................................................................................ 12 8.1 Definitions ....................................................... ................. .......... .... ............. 12 8.1.1 Continuous Operations...................................................................... 12 8.1.2 Non-continuous Operations................... ............ ................................ 12 8.2 Workday................................................................................................. ...... 12 8.2.1 Eight-hour Schedule .............................. .................. .......................... 13 8.2.2 Twelve-hour Schedule....................................................................... 13 8.3 Rest Periods ..................................................... .................. .................... ...... 13 8.4 Workweek Schedules....................................... .......... ........ .......................... 13 8.4.1 Non-continuous Operations Eight-hour Schedule............................. 13 8.4.2 Non-continuous Operations 9/80 Schedule....................................... 13 8.4.3 Continuous Operations Twelve-hour Sc:hedule................................. 13 8.5 Work Schedule.............. ................................... ............................................ 13 8.6 Changes in Work Hours/Schedules ............................................................. 13 8.7 Overtime .... .......................... ...................................... .................................. 13 8.8 Scheduled Overtime.. ................................................. ........ .......................... 13 8.9 Compensatory Time.. ..................................................... .............................. 13 8.9.1 Maximum Compensatory Time ....................................................... 13 8.9.2 Compensatory Time Accrual........................................................... 14 8.9.3 Payoff of Compensatory Time......................................................... 14 8.10 Call Back Compensation ............................................................... .............. 14 8.1 0.1 Workday Call-back ............................................... ........................... 14 8.10.2 Non-workday Call-back........................................ ...... ............... ...... 14 9. Holidays................................................................................................ ................. 14 9.1 Observed Holidays........ ............................................................................... 14 9.2 Half-day Holidays ........................................................................................ 14 9.3 Discretionary Holiday........................................................ .......................... 14 9.4 "E" Time in Lieu of Holiday Pay................................................................. 15 9.:5 Work Performed on a Holiday..................................................................... 15 9.6 Holiday Pay for Non-continuous Operations............................................... 15 9.7 Holiday Pay for Continuous Operations ...................................................... 15 9.8 Absent on Holidays...................................................................................... 15 9.9 Actual Holiday Staffing ............................................................................... 15 9.10 Holidays on a Weekend ............................................................................... 15 9.11 Holiday Start Time.... .............. ................................................ ...... ............... 15 1 O. Vacation Leave.... ................... ....... ............... ......... ....... ......................................... 16 1 0.1 Vacation Leave ............................................................................................ 16 10.2 Deferral................................................................................................... ..... 16 10.3 Scheduling ................................................................................................... 16 10.4 Pay Upon Separation from City Service ...................................................... 16 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 MemorandwnofUndersmnding Pageiv City of South San Francisco International Union of Operating Engineers, Stationary Engin(:ers, Local 39 Page v Memorandum of Understanding 11. Other Leaves................. ............ ......................... .......................................... ........... 16 11.1 Sick Leave.... ...................... ........................................................................... 16 11.1.1 Determination .................................................................................. 16 11.1.2 Amount of Sick Leave ..................................................................... 16 11.1.3 Sick Leave Request............................................. ............................. 16 11.1.4 Approval of Sick Leave Request ..................................................... 17 11.1.4.1 Notification ....................................................................... 17 11.1.4.2 Verification of Injury or Illness ........................................ 17 1 ]l.I.4.2.1 Usual Verification........................................... 17 1 ]l.I.4.2.2 Doctor's Verification ...................................... 17 11.2 Payment of Unused Accumulated Sick Leave Accrued .............................. 17 11.3 Sick Leave Management Policy................................................................... 17 11.4 Industrial Injury or Illness Leave ................................................................. 18 11.5 Disability Insurance Program.................. ..................................................... 18 11.5.1 Application for Benefits.................................... ............................... 18 11.5.2 City Determination .......................................................................... 18 11.5.2.1 Determination of Employee Disability............................ 18 11.5.2.2 Medical Prognosis ........................................................... 18 11.5.2.3 Permanent and Stationary Determination........................ 18 11.5.2.4 Temporary Determination ............................................... 18 11.5.2.5 Permanent and Stationary Determination During Leave of Absence .......................... .................................. 19 11.5.2.6 Accrued Vacation Payment ............................................. 19 11.5.2.7 Insurance Premium Payment........................................... 19 11.6 Light-duty Program...................................................................................... 19 11.6.1 Coverage...... .................................... ...... ............. ........................ .... 19 11.6.2 Determination Required Reports.................................................... 19 11.6.2.1 Assignments .................................................................... 19 11.6.2.2 Medical Updates......... .............................................. ....... 19 11.6.3 Light-duty Assignment, Definitions and Restrictions .................... 20 11.6.4 HolidaysN acations During Light-duty Assignments..................... 20 11.6.4.1 Holidays Observed .......................................................... 20 11.6.4.2 Vacations.... ............. ........ ............ ........................... .......... 20 11.6.5 Return to Full Duty ......................................................................... 20 11.7 Sick Leave As Family Care .......................................................................... 21 11.7.1 Definition of Family Member for Sick Leave as Family Leave Purposes............................. ................................... ...... .... ..... ........ ... 21 11.7.2 Leave Amount ................................................................................. 21 11.7.3 Concurrent Use of Leave................................................................. 21 11.7.4 Notification Procedures .................................................................. 21 11.8 Bereavement Leave............................................. ......................................... 21 11.8.1 Within California ........................................................................... 21 11.8.2 Outside of Califomia...................................................................... 21 11.8.3 Definition of Immediate Family for Bereavement Leave 21 Purposes.............................................................................. ........... 11.9 Leaves of Absence ....................................................................................... 21 11.9.1 Expiration of Leave of Absence ................................................... 21 11.9.2 Failing to Return from Leave........................................................ 22 11.10 Pregnancy-related Disability Leave ............................................................. 22 11.10.1 Temporary Transfer ...................................................................... 22 11.10.2 Physical Examination ................................................................... 22 11.10.3 Leave Utilization................................................ ........................... 22 11.10.4 Returning from Leave ........................................ ........................... 22 11.11 Paternity Leave ............................................................................................ 22 11.12 Military Leave.................................................... ............ .............................. 22 11.13 Jury Duty. ...................... .................... ............. ....................................... ....... 23 Automatic Progression.................................................................................. ......... 23 12.1 Plant Operators ....... ......... ..... ....... ................ ............................. ................... 23 12.1.1 Treatment Plant Operator I to II....................................................... 23 12.1.2 Certification a Condition of Continued Employment...................... 23 12.1.2.1 Grade II Operators ............................................................ 23 12.1.2.2 Grade III Operators ........................................................... 23 12.1.2.3 Maintenance of Required Cettification............................. 23 12.1.2.4 New Plant Operators Hired After 1/1/03.......................... 23 12.2 Mechanic and Electrical Staff...................................................................... 23 Apprenticeship................................................................................................ ....... 24 Pt.TSonnel Practices................................................................................. ............... 24 14.1 Probationary Periods .................................................................................... 24 14.1.1 Duration........................................... ............................. ................... 24 14.1.2 Rej ection ............ ...... ......... ............... ............................. ................... 24 14.1.3 Promotional Probation ................................. ...... .................... .......... 24 14.1.4 Probation after Transfer ................................... .................... ............ 24 14.1.5 Probation after Return from Layoff ................................................. 25 14.2 Transfer........................................................................................................ 25 14.3 Promotion.................................................................................................... 25 14.4 Employment Lists ...................................................... .................................. 25 14.5 Removal of Names from Employment Lists ............................................... 25 14.6 Time Off for Examinations.......................................... .... ............................ 25 14.7 Resignation and Reinstatement.................................. ..... ........................... 25 14.7.1 Resignation.......... ......... ................... ................................. ............... 25 13. 14. 12. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Loca139 Memorandum of Understanding Page vi City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page vii Memorandum of Understanding 14.7.2 Reinstatement ................................................... ............................... 25 15. Reduction-in-Force, Layoffs, and Re-employment................................................ 26 15.1 Council Determination.................................................................... ..... ........ 26 15 .2 Seniority............................................................................................... ........ 26 15.3 Order of Layoff ..... ....................................................................................... 26 15.4 Identical City Service Seniority ................................................................... 26 15.5 Layoff Notification................................................................ ....... ....... ........ 26 15.6 Reassignment in Lieu of Layoff................................................................... 26 15.6.1 Vacant Positions in City .................................................................. 27 15 .6.2 Former Classification....................................................................... 27 15.6.3 Displacement................................................................ ................... 27 15.6.4 Step Classification ........................................................................... 27 15.6.5 Employee Requests...................... ............................. ............. .......... 27 15.7 Layoffs................. "................................................................................ ....... 27 15.7.1 Exercising Rights .............................................................................. 27 15.7.2Accrued Leaves ................................................................................. 27 15.8 Layoff Re-employment and Reinstatement Lists......................................... 27 15.8.1 Reduction in Force Reclassification or Demotion ............................ 27 15.8.2Reduction in Force Re-employment List .......................................... 27 15.8.3Duration and Removal from Reinstatement or Re-employment Lists ...........".................................................................................... ... 27 15.8.4 Probationary Rehires.................................................................... ..... 28 16. Recreational Facilities and Classes ....................... ................................................. 28 16.1 Admission to Classes ....................... ............................................................ 28 16.2 Use of Facilities ... ........................................................................................ 28 17. Safety ................................................................................................ ....... ....... ....... 28 17.1 Observance of Safety Rules and Regulations .............................................. 28 17.2 Safety Prognun......................................................................... ..... ........'....... 28 17.3 Safety Equipment...................................................................... ..... ..... '" ....... 28 18. Discipline.................................................................................................. ..... ". ...... 28 18.1 Action by City ......................................................................................"....... 28 18.2 Notice of Disciplinary Action............................................................."'....... 29 18 .2.1 Notice................................................................ ....... ......... ..... .."....... 29 18.2.2 Appeal Rights ............................. ............................................."....... 29 18.2.3 Probationary Discharge............................................................"....... 29 19. Grievance Procedure.................................................................... ......... ......... '........ 29 19.1 Definition of Grievance .......................................................................,........ 29 19.2 Time for Filing...................................................................................."'....... 29 19.3 Informal Discussion with Employee's Supervisor - Step 1 ........................ 30 19.4 Formal Written Grievance - Step 2 ............................................................. 30 19.5 Grievance to Department Head - Step 3..................................................... 30 19.6 Waiver of Supervisory Review.................................................................... 30 19.7 Informal Review by City Manager - Step 4 ................................................ 30 19.8 Arbitration of Grievance - Step 5................................................................ 30 19.9 Selection of Arbitrator ................................................................................. 30 19.10 Duty of Arbitrator ........................................................................................ 30 19.11 Power of the Arbitrator ................................................................................ 31 19.12 Payrr1ent of Costs .......... ....... ............. ............ ...................... ......... ......... ....... 31 19.13 Effect of Failure of Timely Action .............................................................. 31 19.14 Non-union Representation .................................................. ......................... 31 20. Past Practices and Existing Memoranda of Understanding ................................... 31 20.1 Working Conditions...... ...................................................... ......................... 31 20.2 Prior Agreements .......... ............................................. ......... ......................... 31 20.3 Changes.................................................................................................. ...... 31 21. Elnployees Covered ................ ............. ........................................... ................. ...... 31 22. Severability ............................................................................................................ 32 23. Tt.'fI11 of the Memorandum of Understanding ........................................................ 32 24. Signatures....................................................................................................... ........ 32 Appendix A Operating Engineers, Local 39 Classifications ................................. 33 Appendix B Salary Adjustments ............................................ ................................ 34 Appendix C Certification Premiums...................................................................... 35 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page viii Memorandum of Understanding Memorandum of Understanding Between the City of South San Francisco and the International Union of Operating Engineers, Stationary Engineers Local 39, AFL-CIO Preamble This Memorandum of Understanding is entered into by the City of South San Francisco, hereafter designated as "City" and the International Union of Operating Engineers, Stationary Engineers Local 39, AFL-CIO, hereafter designated as "Union" as a mutual agreement for those wages, hours, and conditions of employment in effect during the period of January 1, 2008 through December 31, 2008. Article 1. Recognition International Union of Operating Engineers, Stationary Engineers Local 39, AFL-CIO is recognized as the majority representative, as provided in City's Resolution 135-79 adopted 12/4/79, for all full-time regular employees in the classifications assigned to Unit D as identified in Appendix A of this Agreement. Article 2. Union Security 2.1 Agency Shop-A probationary or permanent employee who is employed in a classification covered by this Agreement shall, as a condition of employment, be governed by the following agency shop provision: 2.1.1 New Employees-Probationary or permanent employees hired into a classification covered by this Agreement, shall authorize, within 30-calendar days from the date of hire, one of the following payroll deductions: 2.1.1.1 Union dues. 2.1.1.2 Agency fee equal to 94% of the union dues. 2.1.1.3 Charitable contribution to equal agency fee. The charity shall be one of the two mutually agreed upon below listed charities that meet IRS 501 (c)(3) taxation exemption requirements: . United Way of the Bay Area. . Combined Health Agencies (CHA). 2.1.2 Notification of New Employees-The City agrees to make a good faith effort to advise the Union within 10 business days of a new hire. 2.1.3 Changing Deductions-An employee who opts for union dues shall not be permitted to change or terminate such deduction. At any time with proper authorization, an employee who opts for an agency fee deduction shall be permitted to change to union dues but is not permitted to change to a charity. An employee who opts for a charity shall be permitted to change to an agency fee or union dues deduction. 2.1.4 Deductions During Absences-No employee covered by this provision shall be required to pay any dues, fees, or charitable contributions during an unpaid leave of 30 days' duration or longer if the employee is on a leave due to the exhaustion of all paid leaves for which the employee is eligible. 2.1.5 Failing to Follow this Article-The following steps shall be followed in order to enforce this provision for employees who fail to comply with the requirements of this article. 2.1.5.1 City Notification-The Union shall notify the City in writing of the name of the employee who has failed to comply. This letter will make a demand upon the City to enforce this provision to collect amounts due commencing with the receipt date of the Union letter, but not for any amounts covering the time preceding the Union demand letter. 2.1.5.2 City Obligation-Within 5 business days of receiving notification from the Union, the City shall in writing, advise the employee of the requirements of this article and that the employee has 5-business days in which to comply. 2.1.5.3 Re-notifying Employee-If the employee does not respond in writing after 5-business days of the notification, the City must again notify the employee in writing that if the employee does not voluntarily comply with this article the agency fee will be automatically deducted from the employee's paycheck. 2.1.5.4 Involuntary Deductions-If, within 5-business days the employee does not comply, the involuntary deduction of the agency fee shall commence retroactive to the receipt date of the Union demand letter. 2.1.6 Invalidated Fees-If this article is held to be invalid under state or federal law, then all of this article shall be null and void and subject to re-negotiation. The Severability article is this Agreement shall govern all other provisions of this article. 2.1.7 Hold Harmless-The Union agrees to indemnify and hold harmless the City and all officials, employees, and agents acting on its behalf, from any and all claims, actions, damages, costs of expenses including all attorney fees and costs of the defense in actions against the City, its officials, employees, or agents arising out of the City's compliance with this article. 2.1.8 Deduction Forms-Sign-up forms for union dues and agency fees shall be provided by the Union and approved by the City. 2.2 Communication with Employees-The Union shall be provided reasonable space on bulletin boards at each work site for posting notices concerning official union business. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 2 Memorandum of Understanding City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 3 Memorandum of Understanding All such notices must receive prior approval from the department or division head before posting. 2.3 Advance Notice-Except as provided below, the Union shall be given reasonable advance written notice, if affected, of any ordinance, resolution, rule, or regulation proposed to be adopted by the City directly relating to matters within the scope of representation. The Union shall be given the opportunity to meet and consult with appropriate management representatives prior to the adoption. Proper advance notice shall consist of written notice to the designated business agent. If public safety, public welfare, or an emergency arises that requires any of the above actions to be taken by the City without notice to the Union, the City may take the action while concurrently giving notice that affords the Union a reasonable time in which to meet with management representatives. 2.4 Copies of Memorandum of Understanding-The City and the Union shall share the cost of printing sufficient copies of the Agreement for all current bargaining unit employees, new bargaining unit employees, and management employees. Article 3. Management Rights To ensure that the City is able to carry out its constitutional and statutory functions and responsibilities, nothing contained herein shall be construed to require the City to meet and confer on matters that are solely a function of management. This is including but not limited to the right to direct the work force; to select and determine the number and types of employees required; to determine the content of job classifications; to hire, transfer, promote, suspend, discipline, and discharge employees; to assign work to employees in accordance with the requirements determined by the City; to establish and change work schedules and assignments; to layoff employees for lack of work; to expand or diminish services; to subcontract any work or operations; to determine and change methods of operations; to determine and change work locations, the processes, and the materials to be employed; and to take all necessary actions to perform its functions in emergencies. Article 4 . No Discrimination There shall be no discrimination because of legitimate union activities as defined by Meyers- Milias-Brown Act, against any employee by the Union, by the City, or by anyone employed by the City. Article 5 . Union Stewards and Official Representatives 5.1 Union Stewards-The Union shall be entitled to a reasonable number of stewards who shall restrict their activities to the processing of grievances and shall be allowed a reasonable amount of time for this purpose. The Union shall notify the Personnel officer in writing of the names of the stewards. Article 6. Salaries and Other Compensation 6.1 Wage Rates-Wage rates for each step in the salary schedule shall be increased in the first payperiod including 1/1 of each calendar year of the Agreement. A total compensation salary survey will be conducted on or about 12/1 of each year of the Agreement using the City's standard compensation methodology and agencies, including retirement costs. Appendix B lists all classifications and any of those that are benchmarked. Effective the entire p~eriod including 1/1, the base rate of pay for all employees shall be adjusted to the 60 percentile or median, whichever is greater of the survey cities for each classification using the City's standard survey agencies and 5.2 Permission to Leave Workstations-Stewards shall obtain permission from their supervisor before leaving their workstations to assist a grievant and shall report back to their supervisor before returning to their workstations. This provision shall not be used to prevent the Stewards from performing their duties or obligations set forth in this article, provided however, that the use of time for this purpose shall be reasonable and shall not interfere with the requirements of the City's services, as determined by the City. 5.3 Abuse of this Article-In the event the City determines that Stewards are abusing the provisions of this article, the Union agrees to meet with the City, immediately, to investigate the City's complaint and to ensure full compliance by Stewards with the provisions of this subsection. 5.4 Representation for Disciplinary Action-Whenever an employee is required to meet with a supervisor or management official and the employee reasonably anticipates that such meeting will involve questioning leading to disciplinary action, the employee shall be entitled to have a steward and/or Union representative present upon request. In the event the employee desires the presence of a Union representative, the City will contact the representative and arrange a mutually acceptable time and day to hold the meeting. Except in instances where immediate disciplinary action is necessary, once scheduled, the City shall consider reasonable requests to move the meeting date forward by up to 5- working days for the convenience of the Union representative. 5.5 Union Representatives-The Union shall provide the City with a written list of not more than 2 individuals who are their authorized representatives and any changes thereto. An authorized representative of the Union shall be allowed to visit the work location for the purpose of ascertaining whether this Agreement is being observed. This right shall be exercised reasonably. An authorized representative of the Union shall report to the department and/or division head before proceeding to the work location. The representative shall not interfere with the normal conduct of work. Activities, such as the soliciting membership, collecting dues, holding membership meetings, campaigning for office, conducting elections, and distributing literature are strictly prohibited during working hours without prior approval of the appointing authority. 5.6 Access to Personnel Files-An employee or, on presentation of written authorization from the employee, the employee's representative, shall have access to the employee's personnel file upon request, in accordance with applicable law. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 4 Memorandum of Understanding City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 5 Memorandum of Understanding methodology for a total compensation and salary survey for each benchmarked classification. 6.2 Apprentice Wage Rates-Apprentice Operators shall be paid not less than the wage schedule identified in Appendix B of this Agreement. 6.3 Lead Operator Assignment-Beginning 1/1/03, the City shall establish a lead operator assignment. Employees selected for these assignments will serve approximately 2-year terms, but may serve less than the 2-year terms as determined by management. Employees may also be reappointed to subsequent 2-year terms, as determined by management. 6.3.1 Wage Rates-Wage rates established by this agreement are applicable for all hours in a paid status. 6.3.1.1 Compensation-Effective 1/1/03, the lead operator assignment shall be 7.5% above the base rate of the Plant Operator II salary schedule. 6.3.1.2 Increased Incentive Rates-Effective 1/1/04, the lead operator assignment shall be 10% above the base rate of the Plant Operator II salary schedule. 6.4 Premium Pay for Grade Certification- 6.4.1 Grade III Certification-An employee in the Operator II classification who possesses a valid Grade III Wastewater Treatment Plant Operator certificate shall be compensated at a rate 5.0% higher than the rate for which the employee qualifies pursuant to the salary schedule. 6.4.2 Grade IV Certification-An employee in the Operator II classification who possesses a valid Grade IV Wastewater Treatment Plant Operator certificate shall be compensated at a rate 7.5% higher than the rate for which the employee qualifies pursuant to the salary schedule. 6.4.3 Plant Classifications-Employees in the following classifications may qualify for premium pay for the certifications specified below. See Appendix. C of this Agreement. 6.4.3.1 Grade Certification-Those classifications who possess a valid Grade I California Water Environment Association certificate prior to 12/31/99 will continue to receive the premium pay as identified below. 6.4.3.1.1 Mechanical and Electrical Classifications-An employee in the classification of Plant Electrician II, Plant Electrician I, Plant Mechanic I, or Plant Mechanic II, who possesses a valid California Water Environment Association Grade I Certification in Electrical, Instrumentation, or Mechanical Technology prior to 12/31/99 shall be compensated at a rate 2% higher than the rate for which the employee qualifies pursuant to the salary schedule. 6.4.3 .1.2 Mechanical and Electrical Classifications-Those classifications of Plant Electrician II, Plant Electrician I, Plant Mechanic II, A Plant Mechanic I, and Environmental Compliance Inspector who possess a valid California Water Environment Association job-related Grade II certification shall be compensated at 4% higher than the rate for which the employee qualifies pursuant to the salary schedule. Not withstanding the provisions of this section, those employees in the listed classifications receiving certification incentive pay of 5% prior to 12/31/99 will continue to receive 5% incentive pay so long as they remain in that classification or another classification where the certification incentive is directly job related. 6.4.4 Lead and Senior Classifications-Those classifications in a lead position who possesses a valid California Water Environment Association job-related Grade III Certification shall be compensated at 4.0% higher than the rate for which the employee qualifies pursuant to the salary schedule. See Appendix C of this Agreement. 6.4.5 Chemist Classifications- 6.4.5.1 Grade III Certification-An employee in the classification of Laboratory Chemist who possesses a valid California Water Environment Association Laboratory Technician Grade III certificate shall be compensated at a rate 4.0% higher than the rate for which the employee qualifies pursuant to the salary schedule. 6.5 Longevity Pay Plan-Permanent full-time employees shall be eligible for longevity pay in accordance with the following schedule: 6.5.1 Fifteen Years of Service-After 15-full years of regular service, 1.5% will be added to the employee's actual hourly rate of pay. 6.5.2 Twenty Years of Service-After 20-full years of regular service, in addition to above, another 1.0% of pay will be added to the employee's actual hourly rate of pay. 6.6 Shift Differential-Employees assigned to work the night shift on a non-overtime basis (6:00 p.m. to 6:00 a.m.) shall receive an additional 6% of pay for those hours actually worked during that period. Shift differential compensation is not paid to employees working in an overtime capacity nor is it paid during approved leaves (i.e., sick, vacation, injury, paid family care, family medical leave, etc.). 6.7 Like- Work for Like-Pay (Temporary Upgrading)-An employee assigned by the City to the duties of a first-line supervisor or above shall be paid the salary of the position commencing with the first day of the assignment. First-line supervisory employees and above, assigned to higher classification duties shall not be paid the salary of the higher classification unless the employee serves in that capacity for 30-consecutive calendar days or more. If this occurs, the employee shall receive the pay of the higher classification commencing with the first day of the 30-day service in the higher classification. 6.8 Temporary Assignment to Higher-level Classification-Except for first-line supervisory classifications and above that are governed by the provisions of Like Work for Like Pay as outlined above, an employee who is assigned and performs the duties of a highertclassification for a period of 3 or more hours, shall receive additional compensation for each hour so assigned at the rate of pay for which the employee would qualify had the employee been promoted to the higher-level classification. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 6 Memorandum of Understanding City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 7 Memorandwn of Understanding 6.9 Salary Plan Administration and Advancement Within Salary Rates--Employees appointed at the first step of the salary range shall be eligible for advancement to the second step of the specific salary range 6 months after original appointment, provided that the employee's performance merits the increase. Advancement to the remaining steps may be made after 1 year of satisfactory service at each successive salary step, provided that the employee's performance merits the increase. 6.10 Revisions to the Salary Schedule--Changes in an employee's salary because of promotion or demotion may set a revised salary date for that employee. Whenever the salary schedule for a classification is revised, each incumbent in a position to which the revised schedule applies, shall be paid at the same step in the revised rates as the step at which the employee was paid in the previous rate. 6.10.1 Salary Plan Administration and Salary Step After Promotion-When employees are promoted, they shall receive not less than the equivalent of a one-step, 5% salary increase. 6.10.2 Salary Plan Administration and Salary Step After Demotion-When an employee has a voluntary or involuntary demotion, the employee's compensation shall be adjusted to the salary for the classification to which the employee is demoted. Unless otherwise provided, the appointing authority shall determine the specific rate of pay. However, an employee demoted as a result of an abolished position shall be placed at the step in the lower classification that most closely approximates, but does not exceed, the employee's salary in the higher classification. If an employee takes a voluntary demotion to a classification previously held from a classification within the same series, the employee shall be placed at a step commensurate with length of service in both classifications. If the classifications are not within the same series, the employee shall be placed at the same step in the lower classification the employee last held. The service time at such step shall be the same as the service time held previously at such step. 6.11 Salary Plan and Pay periods-Employees shall be paid biweekly, unless mutually agreed to by the City and the Union. 6.12 Certification Reimbursement- 6.12.1 Mandatory Certification-The City will reimburse employees for all fees associated with the successful completion of any certifications that are required as a condition of employment. 6.12.1.1 Voluntary Certification-The City will reimburse employees for all reasonable fees associated with the maintenance of elective professional certifications deemed to be pertinent to the employee's classification by plant management. 6.13 Contracting Work-At such times that the regular workload may preclude the use of existing staff to undertake special or emergency maintenance projects, Management will consult with Unit members prior to the contracting out of Unit work. Plant employees have been and will continue to be offered overtime opportunities as they arise. Management is responsible for monitoring the backlog of work to ensure that staff resources are not overburdened. Article 7. Health and Welfare Plans All full-time regular employees shall be eligible to receive insurance benefits, subject to the terms and conditions of the City's contracts with health insurance providers, as follows: 7.1 Medical Insurance- 7.1.1 Available Plans-Eligible employees shall be permitted to select medical insurance coverage for themselves and their eligible dependents from one of the available medical plans the City has with the carriers, subject to the terms and conditions of the City's contract with the providers: 7.1.1.1 Kaiser Permanente 7.1.1.2 Blue Shield of California. 7.1.2 Payment of Premium Costs-The City shall pay the premium cost for eligible employees and their dependents to the insurance provider for the plan selected by each employee. 7.1.2.1 Maximum Rate-The maximum City contribution to the employee's medical premium shall be a rate equivalent to the HMO plan that is the highest composite rate in effect during the term of this Agreement with employees enrolled in more expensive plans paying the difference between the highest composite HMO rate and the other premium rates. 7.1.3 Effective Date of Coverage-The effective date of medical insurance shall be the first of the month following the date of hire, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City, 6.14 Committee Review-Provide for a small labor management committee to review compensation agencies and comparison data each year prior to actual survey being conducted. 6.15 Salary Survey-Effective July 1, 2005, the salary swvey methodology for detennining compensation for the International Union of Operating Engineers Local 39 is modified. The new methodology shall be as follows: (a) data regarding total compensation (i.e., base salary plus employer-paid benefits) will be collected from the same ten survey cities; (b) the data regarding the cities' total compensation will be ranked, from highest to lowers total compensation.(c) the cities with the highest and lowest total compensation as well as the City's own data, will be discarded before computing the average total compensation; (d) the remaining cities' total compensation will be calculated at the 60th percentile; (e) the 60th percentile of total compensation will then be compared to the City's total compensation to get the percent difference in the City's total compensation compared to the remaining cities; (t) the percent difference will then be used to adjust the City's compensation, unless the current City compensation is higher, in which case no change to the total compensation will be made; (g) the City will set the International Union of Operating Engineers Local 39 total compensation package at the 60th percentile of the marketplace based on this computation City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 8 Memorandum of Understanding City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 9 Memorandum of Understanding and dependent coverage shall terminate on the date prescribed by each medical insurance provider's contract. 7.2 Dental Insurance- 7.2.1 Available Plan-Eligible employees and their dependents shall be provided dental insurance, subject to the terms and conditions of the City's contract with the provider. 7.2.2 Changes in Plan-Effective 7/1/00, the annual benefit shall increase to $1,500. 7 .2.3 Orthodontia-The lifetime orthodontia coverage is $1,000 for eligible participants. 7.204 Payment of Premium Costs-The City shall pay the premium costs for eligible employees and their dependents to the insurance provider. 7.2.5 Effective Date of Coverage-Coverage is effective on the first day of the month following completion of 6-full-months of employment with the City, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City, and dependent coverage shall terminate on the date prescribed by the provider's contract. 7.3 Vision Insurance- 7.3.1 Available Plan-Eligible employees and their dependents shall be provided vision insurance, subject to the terms and conditions of the City's contract with the provider. 7.3.2 Payment of Premium Costs-The City shall pay the premium costs for eligible employees and their dependents to the insurance provider. 7.3.3 Effective Date of Coverage-Coverage is effective on the first day of the month following date of hire. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City. 7 A Discretionary Benefit Option-An employee may elect to receive deferred compensation monies in lieu of medical, dental, and vision benefits through the City. 704.1 Proof of Alternate Insurance-The employee must provide proof of alternate medical insurance and will be held responsible for maintaining own medical insurance benefits through the alternate source. 704.2 Method of Computation-The City shall utilize a weighted average for determining the cost of such benefit. The City shall determine the total premium dollars for employees who are members of each of the City's medical plans, and then divide it by the number of members to get the average medical cost. The dental and vision composite rates will be added to the average medical cost. Eighty percent of this total will be the amount deposited in the employee's deferred compensation account in lieu of the paid medical, dental, and vision benefits. 704.3 Exercising the Option-Employees wishing to exercise this option may do so by submitting a completed Discretionary Benefit Option form to the Human Resources Department. Employees may change the discretionary benefit option once each year during the open enrollment period for medical plans, or at another time during the year provided the employee can demonstrate to the City's satisfaction a bona-fide need. 7.5 Life Insurance and Accidental Death and Dismemberment Insurance- 7.5.1 Term Life Value-Subject to the terms and conditions of the City's contract with the provider, the Term Life Insurance for employees has a face value equal to 1.5 times the employee's annual base earnings. 7.5.2 AD&D Value-Subject to the terms and conditions of the City's contract with the provider, Accidental Death and Dismemberment Insurance available for employees is in an amount equal to 1.5 times the employee's annual base earmngs. 7.5.3 Payment of Premium Costs-The City shall pay the premium costs for eligible employees to the insurance provider. 7.5.4 Effective Date of Coverage-Coverage is effective on the first day of the month following date of hire. Coverage shall terminate on the date the employee ceases to be an employee of the City. 7.6 Disability Insurance Program-Subject to the terms and conditions of the City's contract with the provider, full-time employees shall be provided Short-term Disability (STD) and Long-term Disability (LTD) insurance. If an eligible and covered employee becomes disabled while insured, the provider will pay benefits according to the terms of the group policy after receipt of satisfactory proof of loss. 7.6.1 Short-term Disability-After a 20-day waiting period, an eligible employee may receive 66-2/3% of pre-disability earnings, reduced by any deductible income as determined by the insurance carrier, up to a maximum monthly amount, until L TD benefits begins. 7.6.2 Long-term Disability-After a 90-day waiting period, an eligible employee may receive 66-2/3% of pre-disability earnings, reduced by any deductible income as determined by the insurance carrier, up to a maximum monthly amount. 7.6.3 Payment of Premium Costs-The City shall pay the premium costs for medical, dental, vision, and life insurance for eligible employees to the insurance providers. 7.6.4 Effective Date of Coverage-Coverage is effective the first day of the calendar month following the date of hire. Coverage ends on the date employment terminates. 7.7 Education Expense Reimbursement Program-All employees are eligible to participate in this program. With approval by the department head, an employee who takes a course at an accredited educational institution shall be eligible to receive reimbursement of 50%, for the costs of tuition, fees, and course materials, not to exceed $500 per fiscal year. 7.7.1 Continuing Education Expenses-The City will provide such training and continued education as is necessary to meet the certification renewal requirements for all job-related employee certifications. Such expenses shall be paid by the City or reimbursed to the employee, who has provided appropriate acceptable documentation. 7.8 Section 125 Plan-Based on the terms and conditions of the City's plan, each employee may participate in the IRS-defined section 125 plan. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 10 Memorandum of Understanding City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 11 Memorandum of Understanding 7.8.1 Health Care Reimbursement-This program is available for out-of-pocket unreimbursed health care expenses as allowed under the Plan. 7.8.2 Dependent Care Reimbursement-This program is available for out-of-pocket unreimbursed dependent care expenses as allowed under the Plan. 7.9 Section 457 Deferred Compensation Plan-Employees are eligible, subject to the terms and conditions thereof, to participate in the Deferred Compensation Plans available to City employees. 7.10 Deceased Employee Benefits-The City will allow the spouse of a deceased employee/retiree and existing covered dependents to continue to purchase health insurance from a City-provided medical, dental, or vision plan at the City's pr{'"lllium rate, provided: · There is no cost to the City. · The health provider does not require a City contribution. · The City is held hannless if the coverage is discontinued. 7.11 Retired Emplovee Benefits-. 7.11.1 Group Medical Insurance for Qualifyim! Retirees-An emDloyee who was hired Drior to the adoDtion of an alternate retiree medical plan by all City bargaining units similar to the plan described in Section 7.11.2 may elect to continue his or her City sponsored medical insurance if the employee is enrolled in the City's group medicalDlan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit. the employee must have five years of continuous City employment at the time of his or her retirement. The monthly premium that the City will make for retiree medical insurance Dursuant to this provision eauals the monthly monetary contribution that the City makes for single retiree medical HMO coverage. Retirees will be required to pay any additional costs in order to receive retiree medical benefits. An eligible retiree may also elect to continue dependent coverage Droyided that the retiree bears the full ~remium costs for any eligible de.pendents. Former Dart-time employees eligible for this benefit will receive a pro-rated retiree medical contribution based on the average budgeted hours of their former position during their final two years of City service. A retiree must continually receive a CalPERS retirement allowance in order to remain eligible to receive retiree medical insurance contributions. Any retiree that unretires from CalPERS and returns to active service with a CalPERS covered agency will permanently forfeit their eligibility for retiree medical benefits pursuant to this Drovision. 7.11.2 Alternate Retiree Medical Plan ("GASB Language")-An employee who was hired after the adoption of an alternate retiree medical plan by all City bargaining units will not be eligible to participate in the Retiree Medical Insurance program described in 7.11.1. Instead. the City will contribute one and one-half Dercent 0.5%) of such an employee's base salary toward a Medical after Retirement Savings Account (e.g. VEBA or similar City-sDonsored plan). 7.11.3 GrouD Dental Insurance for Qualifying Retirees-An employee may elect to continue his or her City sDonsored dental insurance if the employee is enrolled in the City's group dental plan and retires concurrently with CalPERS and the Article 8. Hours of Work and Overtime 8.1 Definitions- 8.1.1 Continuous Operations-Positions that work continuous operation is defined as positions that must be staffed 24-hours per day, 7 days per week, 52 weeks per year (2417). 8.1.2 Non-continuous Operations-Positions that work on a non-continuous basis is defined as any position that does not require staffing 24-hours per day. 8.2 Workday- City. In order to be eligible for this benefit. the emvloyee must have five years of continuous City employment at the time of his or her retirement. The retiree bears the full Dremium costs for himself/herself and any eligible dependents and will be completely responsible for these payments and for continuing dental coverage. 7.11.4 Group Vision Insurance for QualifYing Retirees-An employee may elect to continue his or her City sponsored vision insurance if the employee is enrolled in the City's grouD vision Dlan and retires concurrentlv with CalPERS and the City. In order to be eligible for this benefit. the employee must have five years of continuous City emDloyment at the time of his or her retirement. The retiree bears the full Dremium costs for himself/herself and any eligible deoendents and will be completely resDonsible for these payments and for continuing vision coverage. 7.12 Retirement Plans-The benefit contract in effect between the City and the Public Employees' Retirement System (PERS) on behalf of eligible employees of this Unit shall be continued during the term of this Agreement. Retirement benefits shall be those established for miscellaneous employees by the Federal Social Security Act providing Old Age and Survivor's Insurance and PERS Miscellaneous Employees' 2.7% at age 55 Plan. 7.12.1 Employee Contributions to Retirement System-The rate prescribed by PERS for employee contributions shall be deducted from the pay by the City and forwarded to PERS in accordance with the rules and regulations governing such employee contributions. This amount is 8% of base salary for Miscellaneous Employees as prescribed by PERS. The remainder of any rate, which may be subsequently prescribed by PERS for employee contributions, shall be deducted from employees' pay by the City and forwarded to PERS in accordance with the rules and regulations governing such contributions. 7.12.2 Sick Leave Service Credit-Sick Leave accrued but not used and not paid based on the terms of this Agreement at the time of an employee's concurrent retirement from City service and PERS shall BE reported to PERS for the sick leave service credit provision. 7.12.3 Optional Provisions Added-An employee who has served in the military may be eligible for Military Service Credit, as authorized by applicable law. 7.13 Retirement Health Savings (RHS) Plan--Operating Engineers Local 39 member employees may participate in the RHS Plan to the extent permitted under the existing RHS Plan policy. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 12 Memorandum of Understanding City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 13 Memorandum of Understanding 8.2.1 Eight-hour Schedule-Eight- or 9-consecutive hours of work shall constitute a regular work shift for those non-continuous operations staff except that it may be interrupted by a non-paid lunch break. All employees shall be scheduled to work on a regular work shift, and each work shift shall have regular starting and quitting times. 8.2.2 Twelve-hour Schedule-Twelve consecutive hours of work shall constitute a regular work shift for those continuous operations staff except that it may be interrupted by a paid lunch break. All employees shall be scheduled to work on a regular work shift, and each work shift shall have regular starting and quitting times. 8.3 Rest Periods-Employees shall be entitled to one 15-minute rest break dwing each 4 hours of an assigned shift. Such rest breaks shall not be accumulative and shall be taken at a time when the work schedule permits. 8.4 Workweek Schedules- 8.4.1 Non-continuous Operations Eight-hour Schedule-The workweek shall consist of 5-consecutive 8-hour days for non-continuous operations staff. 8.4.2 Non-continuous Operations 9/80 Schedule-The workweek for employees assigned to work the 9/80 plan shall consist of eight 9-hour workdays and one 8- hour workday in each 80-hour payperiod. 8.4.3 Twelve-hour Schedule-The workweek for plant operators shall consist of 12- hour workdays within an 80-hour per payperiod schedule. 8.5 Work Schedule-Work schedules showing the employee's shifts, workdays, and work hours shall be posted on the employee bulletin boards or are available in an electronic format. 8.6 Changes in Work Hours/Schedules-Except for situations where the City determines an emergency exists, changes in work schedules shall not be made until the employee and representative have been given reasonable opportunity to discuss said changes with the appropriate management representative. 8.7 Overtime-Authorized work performed by an employee in excess of scheduled workday or workweek shall constitute overtime except as otherwise provided. An employee required to work in excess of scheduled work hours shall be compensated for each overtime hour so worked at the rate of 1.5 times the employee's actual hourly rate of pay. No form of overtime payment shall be made where time worked prior to the beginning of a shift or following completion of a shift is less than 12 minutes in duration. 8.8 Scheduled Overtime-Employees, who are scheduled to return to work, shall be compensated as overtime hours at 1.5 times the employee's actual hourly rate of pay, those hours must actually be worked. 8.9 Compensatory Time-With the supervisor's approval, employees may receive compensatory time at the rate of 1.5 times of the employee's actual hourly rate of pay for each overtime hour worked, or may accumulate and use compensatory time in accordance with departmental policies. 8.9.1 Maximum Compensatory Time-All compensated time off may be taken in accordance with departmental policies. Accumulated compensatory time cannot exceed 36 hours. Anyone wishing to exercise this option must give a 5-day notice Article 9. Holidays 9.1 Observed Holidays-The City observes the following holidays: January 1.................................................................. New Year's Day Third Monday in January......................................... Martin Luther King, Jr. Day Third Monday in February....................................... President's Day Last Monday in May................................................ Memorial Day July 4........................................................................ Independence Day First Monday in September ..................................... Labor Day Second Monday in October ..................................... Columbus Day Observed November 11 ........................................................... Veteran's Day Fourth Thursday in November................................. Thanksgiving Day Friday following Fourth Thursday in November ..... Day After Thanksgiving December 25............................................................ Christmas Day 9.2 Half-day Holidays-In addition, the City observes the following half-day holidays: December 24............................................................ Christmas Eve Day December 31............................................................ New Year's Eve Day 9.3 Discretionary Holiday-Each employee shall be entitled to one paid holiday each calendar year, which may be taken at the discretion of the employee. This discretionary holiday must be used by the payperiod prior to the last pay period of the calendar year, subject to prior approval of the department head. of the desire for compensatory time off and the time off must be taken so as not to interfere with the minimum staffing and continued functioning of the division or operation. 8.9.2 Compensatory Time Accrual-Hours actually worked that qualify for compensatory time accrue beginning with the first full payperiod of each calendar year and end at the conclusion of the last payperiod of each calendar year. Hours earned in one year cannot be carried forward to the next calendar year. 8.9.3 Payoff of Compensatory Time-During the second payperiod of each calendar year, all earned but not used compensatory time shall be paid to the employee at the employee's actual hourly rate of pay. 8.10 Cal/-back Compensation-Employees who in the course of their employment are called back to work shall receive overtime pay at the rate of 1.5 times the employee's actual hourly rate of pay for each hour worked based on the conditions below. Workday means the day the employee's shift begins and call back commences with the time the employee reports to work and concludes when the employee is released from the assigned work or the beginning of the employee's normal work period, whichever occurs first. 8.10.1 Workday Cal/-back-An employee shall receive a minimum of 3 hours overtime pay for each call-back that occurs on scheduled workdays. 8.10.2 Non-workday Cal/-back-An employee shall receive a minimum of 4 hours overtime pay for each call-back that occurs on non-scheduled workdays. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 14 Memorandum of Understanding City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 15 Memorandum of Understanding 9.4 "E" Time in Lieu of Holiday Pay-When a City-observed holiday falls on a regularly scheduled day off, the employee shall be compensated for 8 hours of straight time pay for the holiday observed, or the employee may request "E" time in lieu of holiday pay at the straight time rate of pay, with the approval of division management, subject to the 36 hour compensatory cap provision. "E" time is time off at straight time for the hours earned in lieu of holiday pay. 9.5 Work Performed on a Holiday-Except for employees assigned to continuous operations or as provided above, any regular full-time employee who is required to work on any authorized holiday, in addition to receiving regular pay for such holiday, shall be paid at the overtime rate for all hours worked. 9.6 Holiday Pay for Non-continuous Operations-Regular full-time employees, except for staff assigned to continuous operations, shall be entitled to observe all authorized holidays at full pay, not to exceed 8 hours for anyone day, provided they are in paid status on both their regularly scheduled workdays immediately preceding and following the holiday. 9.7 Holiday Pay for Continuous Operations-Employees assigned to continuous operations, who by nature of their assignment are unable to observe City holidays, shall be compensated for authorized holidays, not to exceed 8 hours, as straight time for the holiday and straight time for the hours worked. 9.8 Absent on Holidays-Staff scheduled to work on a City holiday, but who are unable to do so due to a job-related injury, shall remain eligible for payment in accordance with this provision as long as the employee is not receiving compensation from other sources. An employee unable to work a holiday due to illness or to an injury unrelated to the job and who is on paid leave shall also be compensated for the holiday pursuant to this provision provided that the employee submits to the immediate supervisor a doctor's certificate verifying the illness or injury. 9.9 Actual Holiday Staffing-In addition to the staff assigned on rotational shifts, 2 workers may be assigned to work at the Treatment Plant on 12/24 (half day) and 12/31 (half day) and the Friday following Thanksgiving. These 2 additional employees are to be compensated at holiday pay computed as follows: Straight time for the holiday and straight time for the additional hours worked. A designated City management employee shall make the assignment. The assignment will be made, first by relying on volunteers, but if there are no volunteers, then the assignments are made on a rotational system established by the City. 9.10 Holidays on a Weekend-When any of the aforementioned holidays fall on a Sunday, it shall be observed on the following Monday; any holiday falling on a Saturday shall be observed on the preceding Friday. 9.11 Holiday Start Time-For employees who work a continuous operation schedule, holidays occur on the actual holiday. Employees who begin to work a shift that starts anytime after 12:00 midnight on the actual holiday are considered to be working the holiday. Article 11. Other Leaves 11.1 Sick Leave- 11.1.1 Determination-Every regular permanent and probationary employee, who is temporarily and/or partially disabled from performing the full scope of the usual and customary duties of his or her classification as the result of an injury or illness that is not industrially caused, shall be eligible to receive sick leave without loss of salary or benefits within the limits set forth below. 11.1.2 Amount of Sick Leave-Employees will accrue 8 hours per month of sick leave. Such leave may be accumulated without limit. 11.1.3 Sick Leave Request-An employee shall prepare and present a request for sick leave on each occurrence of sick leave on such forms and in accordance with such policies and procedures established for sick leave requests by the department head or designee. 11.1.4 Approval of Sick Leave Request-The department head or designee shall review all sick leave requests and, if approved, the request for paid sick leave for an employee shall be granted. The department head or designee shall not unreasonably withhold approval of the employee's sick leave request. Sick leave Article 1 o. Vacation Leave 10.1 Vacation Leave-Regular full time employees shall accrue vacation as follows: Length of Continuous Service Biweekly Accrual Rate o through completion of 4th year .......................................... 4.62 hours Fifth through 14th year.......................................................... 6.16 hours Fifteenth through 24th years ................................................. 7.69 hours Twenty-fifth and succeeding years....................................... 9.23 hours 10.2 Deferral-An employee may defer 40 hours of vacation leave to the succeeding calendar year. In addition, if the service requirements are such that an employee cannot take all entitled vacation in the calendar year, the employee may defer, with the approval of the department head, the unused portion to the following year, provided that no more than 30-working days of vacation are accumulated. The employee shall file a written request to defer vacation with the department head and the appointing authority. Deferred vacation not taken during the calendar year immediately following the calendar year in which the vacation leave was deferred shall be compensated in time off or compensation during the month of January. 1 0.3 Scheduling-The times during the year at which an employee shall take vacation shall be determined by the department head with regard for the wishes of the employee and the needs of City service. 10.4 Pay Upon Separation from City Service-Employees separating from the City Service shall be paid at their current hourly salary rate for all unused accrued vacation hours. No such payment shall be made for vacation hours accumulated contrary to the provisions of these sections. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Loca139 Memorandum of Understanding Page 16 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 17 Memorandum of Understanding as used herein, is defined as a period of time during which the employee suffers actual illness or injury that necessitates his/her absence from employment. Sick leave is not a right or privilege to be used at the discretion of the employee. 11.1.4.1 Notification-The employee must notify the immediate supervisor prior to the commencement of the daily work period if intending to take sick leave. 11.1.4.2 Verification of Injury or Illness- 11.1.4.2.1 Usual Verification-An employee requesting paid sick leave shall provide reasonable verification of the illness or injury, usually in the form of the employee's personal statement regarding the injury or illness. 11.1.4.2.2 Doctor 's Verification-The department head or designee may require a verification prepared and signed by a medical doctor, which confirms that the employee is unable to perform work and the employee's expected retum-to-work date. The department head may also request medical verification that the employee has fully recovered and is able to perform the full scope of the normal and customary duties of the position. This verification shall be required when an employee is absent due to illness or injury for a period of 39 or more work hours. In addition, the department head may require a medical verification any time the department head has reasonable basis to believe that the leave has been abused by an individual employee. Such medical verification request shall not be unreasonably imposed. 11.2 Payment of Unused Accumulated Sick Leave Accrued-Upon death, separation from City employment as a result of a work-related injury/illness, a full-service retirement after 10 years of service, or retirement at age 50, an employee shall be paid for half of the accumulated sick leave at the time of separation, retirement, or death. Retirement is defined as retirement from City service and receiving PERS retirement benefits. Years of service does not include time spent as a temporary or part-time employee. Payment of unused sick leave hours shall be made at the employee's actual hourly rate at the date of separation from City service. However, no employee shall receive payment for any accumulated sick leave hours in excess of 1200 and the maximum payable hours shall be 600. 11.3 Sick Leave Management Policy-All permanent and probationary employees who are temporarily and/or partially disabled from performing the full scope of duties within their classification as a result of an injury or illness that is not industrially caused, are eligible to receive sick leave without loss of salary or benefits. As identified in the City's Sick Leave Management Policy Administrative Instruction, abuse of sick leave is defined as the use of sick leave for purposes other than illness or injury. Consistent with this policy, the monitoring, management, maximum use of sick leave, and reporting should conform to a general City standard. Therefore, employees exceeding 56 hours or 7 occurrences of sick leave per year will be subject to a review of sick leave usage. 11.4 Industrial Injury or Illness Leave-An employee who is temporarily and/or partially disabled from performing work as a result of any injury or illness that has been determined to be industrially caused that necessitates the employee's absence from work, shall be entitled to receive paid industrial injury or illness leave without loss of salary or benefits. Employees shall be eligible to receive paid industrial injury or illness leave for all time the employee is normally scheduled to work but is unable to work for a maximum period of 90-calendar days following the date in which the injury or illness caused the period of temporary and/or partial disability and necessitated the employee's absence from work. An employee receiving paid industrial injury or illness leave shall assign to the City all workers' compensation insurance proceeds received by the employee for all of the time in which the employee also received paid leave from the City. 11.5 Disability Insurance Program- 11.5.1 Application for Benefits-An employee who is disabled from performing the full scope of the usual and customary duties of the classification as the result of an injury or illness and has utilized all accrued sick leave and paid leave for which the employee is eligible, may file an application for short- or long-term disability benefits in accordance with the requirements of the City's Disability Insurance policy. The elimination period for the disability plan is 3D-calendar days. Employees will not be required to utilize sick leave in excess of this elimination period in order to qualify for disability payment. 11.5.2 City Determination-Upon an employee qualifying for disability benefits, the City shall determine the following: 11.5.2.1 Determination of Employee Disability-Whether the employee's disability from performing the full scope of the usual and customary duties of the classification is permanent and stationary. 11.5.2.2Medical Prognosis-Whether the medical prognosis for the employee's eventual ability to completely recover to a point of being able to assume the full scope of the usual and customary duties of the classification is such that there exists a probability of complete recovery within a period of 365 days, or a reasonable extension thereof. The City will require medical verification from the employee regarding the condition, and may also require medical verification regarding the employee's condition from a medical doctor retained by the City. 11.5.2.3 Permanent and Stationary Determination-If the City determines that the employee's disability precludes him/her from performing the full scope of the usual and customary duties of the classification with or without accommodation and the disability is permanent and stationary, then the City may either assist the employee in applying for a disability retirement or otherwise separate the employee from the City's service in accordance with applicable law. 11.5.2.4 Temporary Determination-If the City determines that the employee's disability from performing the full scope of the usual and customary duties of the classification is such that there exists a significant City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 18 Memorandum of Understanding City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 19 Memorandum of Understanding probability of complete recovery within a period of 365 days, based on medical verification, then the City has discretion on a case-by-case basis to grant the employee a leave of absence without pay for a reasonable period of time to recover from the disability. The City reserves the right to require medical verification of the employee's fitness for duty before permitting the employee to return to City service. 11.5.2.5 Permanent and Stationary Determination During Leave of Absence-If the City grants an employee a leave of absence without pay for the purpose of providing the employee with the ability to completely recover and the employee's disability becomes permanent and stationary during the period of such leave, then the City may assist the employee in applying for disability retirement or otherwise separate the employee from City service. 11.5.2.6Accrued Vacation Payment-Upon becoming eligible for disability insurance benefits, and upon being granted a leave of absence without pay for a period appropriate to the time necessary to determine an employee's ability to completely recover, the City will pay, at the request of the employee, any accrued vacation time for which the employee qualifies. 11.5.2.7 Insurance Premium Payment-The City will continue to pay insurance premiums on behalf of a disabled employee and dependents, pursuant to the provisions for such payments otherwise provided in this Agreement until the actual date of separation from City employment of the employee. 11.6 Light-duty Program-The purpose of the light-duty program is to minimize the loss of productive time, while at the same time reintroduce the employee to work to prevent deterioration of skills, facilitate recovery, and reduce income loss. Light-duty assignments will be structured so that employees are not placed in a duty status that would aggravate or cause a reoccurrence of injury or illness. Light-duty assignments will not be made unless the employee receives medical clearance from a physician to return for light duty. This program shall be coordinated with applicable workers' compensation benefits so that benefits are provided at the level not less than those mandated by state law. 11.6.1 Coverage-This light-duty program will cover any employee who suffers a temporary and partial disability due to an industrial or non-industrial injury or illness. 11.6.2 Determination/Required Reports- 11.6.2.1 Assignments-Light-duty assignments may be made following evaluation and determination by the department head. The determination will be based on available medical information, in consultation with the employee and/or the affected supervisor, and based on the needs of the City, and the impact of light duty on departmental operations. 11.6.2.2 Medical Updates-Employees who seek light-duty assignments or who are on light-duty assignments are required to provide medical reports regarding the status of their condition to the department head at 2-week intervals, or at other agreed-upon intervals, for as long as the employee is off work. Reports will be required for all industrial or non-industrial injuries or illnesses regardless of whether or not a light-duty assignment has been made. Reports will be evaluated by the department head for purposes of continuing or terminating a current light-duty assignment or to determine when to commence a light-duty assignment. 11.6.3 Light-duty Assignment, Definitions, and Restrictions-Light-duty assignments shall only be provided to employees with temporary disabilities where it has been medically determined that the employee will be able to return to the essential functions of his/her current job with or without accommodation. Under no circumstances shall the light-duty assignment be considered to be a permanent alternative position for purposes of reasonable accommodation under the applicable disability discrimination laws. Light-duty assignments: . May consist of reduced work hours, limited work, or any combination thereof. . Will not adversely affect the employee's normal wage rate. . Will be within the employee's assigned department; or if no regular work is available, the employee may be assigned work outside of the department consistent with skill and ability. . When feasible will be during the employee's normal shift and duty hours. However, if it is determined that no useful work will be performed during the normal shift or duty hours, the employee can be assigned light duty during the normal office hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. . Will be developed based for specific light-duty assignments on a case-by-case review of the medical restrictions, so as not to aggravate an injury or illness. 11.6.4 Holidays/Vacations During Light-duty Assignments- 11.6.4.1 Holidays Observed-Holidays shall be observed in accordance with the light-duty assignment work hours and workweek. That is, if an employee is assigned to work hours in a department, division, or operating unit where employees in that work unit take a holiday off, so shall the light-duty employee. If the employee is assigned to work hours in a department, division, or operating unit where employees in that work unit work holidays, so shall the light-duty employee. Compensation for holidays shall be in accordance with this Agreement. 11.6.4.2 Vacations-Employees assigned to light duty shall take their vacation as normally scheduled. Vacations shall cover the same number of workdays and calendar days as would have been if the employee had remained on full duty. Employees may reschedule their vacation with the approval of the department head, provided the rescheduling does not result in increased costs or lost time to the City for relief staff to cover the rescheduled vacation. 11.6.5 Return to Full Duty-Employees will be returned to a full-duty assignment as soon as possible following medical certification that the employee is able to resume the full duties of the classification with or without reasonable accommodation. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 20 City of South San Francisco International Union of Operating Engineers, Local 39 Memorandum of Understanding T able of Contents Preamble 1. Recognition............................................................................................................ 1 2 . Union Security....................................................................................................... 1 2.1 Agency Shop ......... ....................................................................................... 1 2.1.1 New Employees.................................................. ............................... 1 2.1.1.1 Union Dues......................................................................... 1 2.1.1.2 Agency Fee......................................................................... 1 2.1.1.3 Charitable Contribution...................................................... 1 2.1.2 Notification of New Employees ........................................................ 1 2.1.3 Changing Deductions ........................................................................ 2 2.1.4 Deductions During Absences ............................................................ 2 2.1.5 Failing to Follow this Article ............................................................ 2 2.1.5.1 City Notification .................................................................. 2 2.1.5.2 City Obligation .................................................................... 2 2.1.5.3 Re-notifying Employee ........................................................ 2 2.1.5.4 Involuntary Deductions........................................................ 2 2.1.6 Invalidated Fees............................ ..................................................... 2 2.1.7 Hold Hannless................................................................................... 2 2.1.8 Deduction Forms ............................................................................... 2 2.2 Communication with Employees................................................................. 2 2.3 Advance Notice................................................................... ......... ................ 3 2.4 Copies of Memorandum of Understanding ................................................. 3 3. Management Rights..................................................................... ....... ................... 3 4. No Discrimination.................................................................................................. 3 5. Union Stewards and Official Representatives ....................................................... 3 5.1 Union Stewards.................................................................... ......... ........ ....... 3 5.2 Permission to Leave Workstations .............................................................. 4 5.3 Abuse of this Article.................... .................................. .......... .................... 4 5.4 Representation for Disciplinary Action ....................................................... 4 5.5 Union Representatives................................................................. ....... .......... 4 5.6 Access to Personnel Files ............................................................................. 4 6. Salaries and Other Compensation ........................................................................... 4 6.1 Wage Rates ................................................................................................... 4 6.2 Apprentice Wage Rates ......................................................................."....... 5 6.3 Lead Operator Assignment ................................................ ...... .................... 5 6.3 .1 Wage Rates................................................................ ........................ 5 6.3.1.1 Compensation............................ ....... ..................................... 5 6.3.1.2 Increased Incentive Rates ...................................................... 5 6.4 Premium Pay for Grade Certification .......................................................... 5 6.4.1 Grade III Certification ....................................................................... 5 6.4.2 Grade IV Certification.................................................. ........ ............. 5 6.4.3 Plant Classifications.......................................................................... 5 6.4.3.1 Grade Certifications ............................................................. 5 6.4.3.1.1 Mechanical and Electrical Classifications........... 5 6.2.3.1.2 Mechanical and Electrical Classifications........... 5 6.4.4 Lead and Senior Classifications ........................................................ 6 6.4.5 Chemist Classifications ............................... ........ .............................. 6 6.4.5.1 Grade III Certifications ........................................................ 6 6.5 Longevity Pay Plan ....... ............................................... ................................ 6 6.5.1 Fifteen Years of Service .................................. .... ........................ ...... 6 6.5.2 Twenty Years of Service ................................................................... 6 6.6 Shift Differential................................................................... ....................... 6 6.7 Like Work for Like Pay (Temporary Upgrading) ........................................ 6 6.8 Temporary Assignment to Higher-level Position ........................................ 6 6.9 Salary Plan Administration, Advancement within Salary Rates.................. 7 6.10 Revisions to Salary Schedule....................................................................... 7 6.10.1 Salary Plan Administration and Salary Step After Promotion......... 7 6.10.2 Salary Plan Administration and Salary Step After Demotion.......... 7 6.11 Salary Plan and Payperiods.......................................................................... 7 6.12 Certification Reimbursement............................................. .............. ............ 7 6.12.1 Mandatory Certification....................................... ............................ 7 6.12.2 Voluntary Certification .......................................... .......................... 7 6.13 Contracting work......................... ...... ................................... .......... .............. 7 6.14 Committee Review............................................................ ............................ 7 6.15 Salary Survey...... .............................. ........................... ............. .................... 7 7. Health and Welfare Plans....................................................................................... 8 7.1 Medical Insurance.............................................................................. .... ...... 8 7 .1.1 Available Plans.............. ........ ................................... ......................... 8 7.1.1.1 ..... ........... ................ ...... .......................... ............................. 8 7 .1.1.2 ............................................................................................. 8 7.1.2 Payment of Premium Costs ............................................................... 8 7.1.2.1 Maximum Rate .................................. .................................. 8 7.1.3 Effective Date of Coverage ............................................................... 8 7.2 Dental Insurance ............................................... ............... ............................ 9 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page ii Pageiii City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandwn of Understanding 7 .2.1 Available Plan ....... .................. ..... ................ ................. ........ ............ 9 7.2.2 Changes in Plan............................ ........................ ............................. 9 7.2.3 Orthodontia.................................................................... ......... .......... 9 7.204 Payment of Premium Costs ............................................................... 9 7.2.5 Effective Date of Coverage ............................................................... 9 7.3 Vision Insurance ..................................... ........................ ............................. 9 7.3 .1 Available Plan ..... ................ ......... ...... ........................... .................... 9 7.3.2 Payment of Premium Costs ............................................................... 9 7.3.3 Effective Date of Coverage ............................................................... 9 7.4 Discretionary Benefit Option ........................................ ............................... 9 704.1 Proof of Alternate Insurance .............................. ............................... 9 704.2 Method of Computation .............. ...................................................... 9 7.4.3 Exercising the Option.................. ...................................................... 9 7.5 Life Insurance and Accidental Death and Dismemberment Insurance........ 10 7.5 .1 Term Life Value......... ............. .............................. ........... ................. 10 7.5.2 AD&D Value..................................................................................... 10 7.5.3 Payment of Premium Costs ............................................................... 10 7.5.4 Effective Date of Coverage ............................................................... 10 7.6 Disability Insurance Program........................................................ ............... 10 7.6.1 Short-term Disability .......................................................... ............... 10 7.6.2 Long-term Disability .......................................... ................ ............... 10 7.6.3 Payment of Premium Costs ............................................................... 10 7.6.4 Effective Date of Coverage ............................................................... 10 7.7 Education Expense Reimbursement Program.............................................. 10 7.7.1 Continuing Education Expenses ....................................................... 10 7.8 Section 125 Plan .. ............... .......... ........................ ............ ............... ....... ..... 10 7.8.1 Health Care Reimbursement ............................................................. 11 7.8.2 Dependent Care Reimbursement....................................................... 11 7.9 Section 457 Deferred Compensation Plan................................................... 11 7.10 Deceased Employee Benefits....................................................................... 11 7.11 Retired Employee Benefits .......................................................................... 11 7.11.1 Group Medical Insurance for Qualifying Retirees ......................... 11 7.11.2 Alternate Retiree Medical Plan ("GASB") .................................... 11 7.11.3 Group Dental Insurance for Qualifying Retirees............................ 11 7.1104 Group Vision Insurance for Qualifying Retirees............................ 12 7.12 Retirement Plans............ .............. ..................................... ........ ............ ....... 12 7.12.1 Employee Contributions to the Retirement System ....................... 12 7.12.2 Sick Leave Service Credit.......... .................................................... 12 7.12.3 Optional Provisions Added ............................................................ 12 7.12 Retirement Health Savings Plan .................................................................. 12 8. Hours of Work and Overtime ................................................................................ 12 8.1 Definitions................................... ................................................................ 12 8.1.1 Continuous Operations... ........................................ ........................... 12 8.1.2 Non-continuous Operations................................ ............................... 12 8 .2 Workday....................................................................................................... 12 8.2.1 Eight-hour Schedule ........................................... .................. ............. 13 8.2.2 Twelve-hour Schedule........................................ .... ................ ........... 13 8.3 Rest Periods.......... ............................................ ........................................... 13 8.4 Workweek Schedules........................................................ ...... ..................... 13 8.4.1 Non-continuous Operations Eight-hour Schedule............................. 13 8.4.2 Non-continuous Operations 9/80 Schedule....................................... 13 8.4.3 Continuous Operations Twelve-hour Schedule................................. 13 8. 5 Work Schedule........................................................................................ ..... 13 8.6 Changes in Work Hours/Schedules ............................................................. 13 8.7 Overtime.......... ................................... .................................................... ..... 13 8.8 Scheduled Overtime..................................................................................... 13 8.9 Compensatory Time................................................................................ ..... 13 8.9.1 Maximum Compensatory Time ....................................................... 13 8.9.2 Compensatory Time Accrual........................................................... 14 8.9.3 Payoff of Compensatory Time......................................................... 14 8.10 Call Back Compensation ......................... ................................... ................. 14 8.1 0.1 Workday Call-back ............................... ........................................... 14 8.10.2 Non-workday Call-back........................ ........... ............... ................. 14 9. Holidays........................................................................................................ ......... 14 9.1 Observed Holidays....................................................................................... 14 9.2 Half-day Holidays ............................................. ........................................... 14 9.3 Discretionary Holiday....................................... ....... ........ ............................ 14 9.4 "E" Time in Lieu of Holiday Pay................................................................. 15 9.5 Work Performed on a Holiday..................................................................... 15 9.6 Holiday Pay for Non-continuous Operations............................................... 15 9.7 Holiday Pay for Continuous Operations ...................................................... 15 9.8 Absent on Holidays....................................................... ...... ......................... 15 9.9 Actual Holiday Staffing ............................................................................... 15 9.10 Holidays on a Weekend ............................................................................... 15 9.11 Holiday Start Time.......... ........... ............ ............................... ....................... 15 1 O. Vacation Leave.. ....................................... ....................................................... ...... 16 1 0.1 Vacation Leave ............................................................................................ 16 10.2 Deferral. ........................................................................ ............................... 16 10.3 Scheduling.............. ....... .............................................................................. 16 10.4 Pay Upon Separation from City Service ...................................................... 16 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page iv City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page v Memorandum of Understanding 11. Other Leaves............................ ............... ................ ......................... ............ .......... 16 11.1 Sick Leave.................................................................................................... 16 11.1.1 Detennination .................................................................................. 16 11.1.2 Amount of Sick Leave ..................................................................... 16 11.1.3 Sick Leave Request.......................................................................... 16 11.1.4 Approval of Sick Leave Request ..................................................... 17 11.1.4.1 Notification ....................................................................... 17 11.1.4.2 Verification of Injury or Illness ........................................ 17 11.1.4.2.1 U sua! Verification........................................... 17 11.1.4.2.2 Doctor's Verification ...................................... 17 11.2 Payment of Unused Accumulated Sick Leave Accrued .............................. 17 11.3 Sick Leave Management Policy................................................................... 17 11.4 Industrial Injury or Illness Leave ................................................................. 18 11.5 Disability Insurance Program....................................................................... 18 11.5.1 Application for Benefits................................................................... 18 11.5.2 City Detennination .......................................................................... 18 11.5.2.1 Determination of Employee Disability............................ 18 11.5.2.2 Medical Prognosis ........................................................... 18 11.5.2.3 Permanent and Stationary Detennination........................ 18 11.5.2.4 Temporary Detennination ............................................... 18 11.5.2.5 Pennanent and Stationary Detennination During Leave of Absence ............................................................ 19 11.5.2.6 Accrued Vacation Payment ............................................. 19 11.5.2.7 Insurance Premium Payment........................................... 19 11.6 Light-duty Program...................................................................................... 19 11.6.1 Coverage....................... ................. ....................... .......................... 19 11.6.2 Detennination Required Reports.................................................... 19 11.6.2.1 Assignments .................................................................... 19 11.6.2.2 Medical Updates.............................................................. 19 11.6.3 Light-duty Assignment, Definitions and Restrictions .................... 20 11.6.4 HolidaysNacations During Light-duty Assignments..................... 20 11.6.4.1 Holidays Observed .......................................................... 20 11.6.4.2 Vacations ......... ............ .................... ............. ......... .......... 20 11.6.5 Return to Full Duty ................................................................"....... 20 11.7 Sick Leave As Family Care ................................................................."....... 21 11.7.1 Definition of Family Member for Sick Leave as Family Leave Purposes............................................................... ......... ....... ..".... ... 21 11.7.2 Leave Amount ................................................................................ 21 11.7.3 Concurrent Use of Leave........................................................"....... 21 11. 7.4 Notification Procedures ................................................................... 21 11.8 Bereavement Leave....... ................................... ................. ........................... 21 11.8.1 Within California ........................................................................... 21 11.8.2 Outside of California............................................ .......................... 21 11.8.3 Definition of Immediate Family for Bereavement Leave 21 Purposes............................................................................. ............ 11.9 Leaves of Absence ....................................................................................... 21 11.9.1 Expiration of Leave of Absence ................................................... 21 11.9.2 Failing to Return from Leave........................................................ 22 11.10 Pregnancy-related Disability Leave ............................................................. 22 11.10.1 Temporary Transfer ...................................................................... 22 11.10.2 Physical Examination ................................................................... 22 11.10.3 Leave Utilization.... ....................................................................... 22 11.10.4 Returning from Leave ................................................................... 22 11.11 Paternity Leave ............................................................................................ 22 11.12 Military Leave....... ......... ................... ......... ....... ............... ............................ 22 11.13 Jury Duty...... ..................................... ..................................................... ...... 23 Automatic Progression........................................................................................... 23 12.1 Plant Operators ................................................................ ............................ 23 12.1.1 Treatment Plant Operator I to II....................................................... 23 12.1.2 Certification a Condition of Continued Employment...................... 23 12.1.2.1 Grade II Operators ............................................................ 23 12.1.2.2 Grade III Operators ........................................................... 23 12.1.2.3 Maintenance of Required Certification............................. 23 12.1.2.4 New Plant Operators Hired After 1/1/03.......................... 23 12.2 Mechanic and Electrical Staff...................... .................... ............................ 23 Apprenticeship................................................................................................ ....... 24 Personnel Practices .................... .............................................................. .............. 24 14.1 Probationary Periods ..... ............................................................................... 24 14.1.1 Duration............ ........ .................. ......... ..................... ....... ................ 24 14.1.2 Rejection..... ...... ..................... ..... ........... ....................... ................... 24 14.1.3 Promotional Probation ............................................ ......................... 24 14.1.4 Probation after Transfer ....................................... ... ......................... 24 14.1.5 Probation after Return from Layoff ................................................. 25 14.2 Transfer........................................................................................................ 25 14.3 Promotion.................................................................................................... 25 14.4 Employment Lists ........................................................ ....... ......................... 25 14.5 Removal of Names from Employment Lists ............................................... 25 14.6 Time Off for Examinations................................................ .......................... 25 14.7 Resignation and Reinstatement.......................................... ........................ 25 14.7.1 Resignation............................... ....... ......................... ................ ....... 25 13. 14. 12. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Loca139 Memorandum of Understanding Page vi City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page vii Memorandwn of Understanding 14.7.2 Reinstatement......... .......... ................... ................... ....... ........ .......... 25 15. Reduction-in-Force, Layoffs, and Re-employment................................................ 26 15.1 Council Determination................................................................................. 26 15.2 Seniority....................................................................................................... 26 15.3 Order of Layoff ............................................................................................ 26 15.4 Identical City Service Seniority ................................................................... 26 15.5 Layoff Notification................................................................ ......... ....... ...... 26 15.6 Reassignment in Lieu of Layoff................................................................... 26 15.6.1 Vacant Positions in City .................................................................. 27 15 .6.2 Former Classification....................................................................... 27 15.6.3 Displacement................................................................ ....... ....... ..... 27 15.6.4 Step Classification ...................... ..................................................... 27 15.6.5 Employee Requests ..................... .... ................................................. 27 15.7 Layoffs......................................................................................................... 27 15.7.1 Exercising Rights .................. ............................................................ 27 15.7.2Accrued Leaves ................................................................................. 27 15.8 Layoff Re-employment and Reinstatement Lists......................................... 27 15.8.1 Reduction in Force Reclassification or Demotion ............................ 27 15.8.2Reduction in Force Re-employment List .......................................... 27 15.8.3Duration and Removal from Reinstatement or Re-employment Lists................................................................................................... 27 15.8.4 Probationary Rehires ......................................... ................................ 28 16. Recreational Facilities and Classes ........................................ ................................ 28 16.1 Admission to Classes ................................................................................... 28 16.2 Use of Facilities ........................................................................................... 28 17. Safety ................................................................................................ ....... .......' ....... 28 17.1 Observance of Safety Rules and Regulations .............................................. 28 17.2 Safety Program................................................................ ........... ..... ............. 28 17.3 Safety Equipment................................................................. ....... ......... ........ 28 18. Discipline................................................................................................. ....... ....... 28 18.1 Action by City... ............... .............. ................................. ............................. 28 18.2 Notice of Disciplinary Action .......................... ............................................ 29 18.2.1 Notice............................................................... ......... ......... .............. 29 18.2.2 Appeal Rights...... ............................................................................ 29 18.2.3 Probationary Discharge........ ......... ..........................................."....... 29 19. Grievance Procedure...................................................................... ....... ......... ........ 29 19.1 Definition of Grievance ......................................................................"'....... 29 19.2 Time for Filing.... ......................................................................................... 29 19.3 Informal Discussion with Employee's Supervisor - Step 1 ..............."'....... 30 19.4 Formal Written Grievance - Step 2 .....................................................'........ 30 19.5 Grievance to Department Head - Step 3 ..................................................... 30 19 .6 Waiver of Supervisory Review.................................................................... 30 19.7 Informal Review by City Manager - Step 4 ................................................ 30 19.8 Arbitration of Grievance - Step 5................................................................ 30 19.9 Selection of Arbitrator ................................................................................. 30 19.10 Duty of Arbitrator ........................................................................................ 30 19.11 Power of the Arbitrator ........................................................... ..................... 31 19.12 Payment of Costs ............. ........ ....... ......... .......................... .......................... 31 19.13 Effect of Failure of Timely Action .............................................................. 31 19.14 Non-union Representation ................................................. .......................... 31 20. Past Practices and Existing Memoranda of Understanding ................................... 31 20.1 Working Conditions...................................................... ............................... 31 20.2 Prior Agreements .......... ............................................................................... 31 20.3 Changes............................................................................................... ......... 31 21. Employees Covered ................ ............................................. .................................. 31 22. Severability................................................................................................. ........... 32 23. Term of the Memorandum of Understanding ........................................................ 32 24. Signatures......................................................................................................... ...... 32 Appendix A Operating Engineers, Local 39 Classifications ................................. 33 Appendix B Salary Adjustments..... ........................................ ...... ......................... 34 Appendix C Certification Premiums............................................... ................. ...... 35 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page viii Memorandum of Understanding Between the City of South San Francisco and the International Union of Operating Engineers, Stationary Engineers Local 39, AFL-CIO Preamble This Memorandum of Understanding is entered into by the City of South San Francisco, hereafter designated as "City" and the International Union of Operating Engineers, Stationary Engineers Local 39, AFL-CIO, hereafter designated as "Union" as a mutual agreement for those wages, hours, and conditions of employment in effect during the period of January 1, 2008 through December 31, 2008. Article 1. Recognition International Union of Operating Engineers, Stationary Engineers Local 39, AFL-CIO is recognized as the majority representative, as provided in City's Resolution 135-79 adopted 12/4/79, for all full-time regular employees in the classifications assigned to Unit D as identified in Appendix A of this Agreement. Article 2. Union Security 2.1 Agency Sho~A probationary or permanent employee who is employed in a classification covered by this Agreement shall, as a condition of employment, be governed by the following agency shop provision: 2.1.1 New Employees-Probationary or permanent employees hired into a classification covered by this Agreement, shall authorize, within 30-calendar days from the date of hire, one of the following payroll deductions: 2.1.1.1 Union dues. 2.1.1.2 Agency fee equal to 94% of the union dues. 2.1.1.3 Charitable contribution to equal agency fee. The charity shall be one of the two mutually agreed upon below listed charities that meet IRS 501 (c)(3) taxation exemption requirements: . United Way of the Bay Area. . Combined Health Agencies (CHA). 2.1.2 Notification of New Employees-The City agrees to make a good faith effort to advise the Union within 10 business days of a new hire. 2.1.3 Changing Deductions-An employee who opts for union dues shall not be permitted to change or terminate such deduction. At any time with proper authorization, an employee who opts for an agency fee deduction shall be permitted to change to union dues but is not permitted to change to a charity. An employee who opts for a charity shall be permitted to change to an agency fee or union dues deduction. 2.1.4 Deductions During Absences-No employee covered by this provision shall be required to pay any dues, fees, or charitable contributions during an unpaid leave of 30 days' duration or longer if the employee is on a leave due to the exhaustion of all paid leaves for which the employee is eligible. 2.1.5 Failing to Follow this Article-The following steps shall be followed in order to enforce this provision for employees who fail to comply with the requirements of this article. 2.1.5.1 City Notification-The Union shall notify the City in writing of the name of the employee who has failed to comply. This letter will make a demand upon the City to enforce this provision to collect amounts due commencing with the receipt date of the Union letter, but not for any amounts covering the time preceding the Union demand letter. 2.1.5.2 City Obligation-Within 5 business days of receiving notification from the Union, the City shall in writing, advise the employee of the requirements of this article and that the employee has 5-business days in which to comply. 2.1.5.3 Re-notifying Employee-If the employee does not respond in writing after 5-business days of the notification, the City must again notify the employee in writing that if the employee does not voluntarily comply with this article the agency fee will be automatically deducted from the employee's paycheck. 2.1.5.4 Involuntary Deductions-If, within 5-business days the employee does not comply, the involuntary deduction of the agency fee shall commence retroactive to the receipt date of the Union demand letter. 2.1.6 Invalidated Fees-If this article is held to be invalid under state or federal law, then all of this article shall be null and void and subject to re-negotiation. The Severability article is this Agreement shall govern all other provisions of this article. 2.1.7 Hold Harmless-The Union agrees to indemnify and hold harmless the City and all officials, employees, and agents acting on its behalf, from any and all claims, actions, damages, costs of expenses including all attorney fees and costs of the defense in actions against the City, its officials, employees, or agents arising out of the City's compliance with this article. 2.1.8 Deduction Forms-Sign-up forms for union dues and agency fees shall be provided by the Union and approved by the City. 2.2 Communication with Employees-The Union shall be provided reasonable space on bulletin boards at each work site for posting notices concerning official union business. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 2 Memorandum of Understanding City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 3 Memorandum of Understanding All such notices must receive prior approval from the department or division head before posting. 2.3 Advance Notice-Except as provided below, the Union shall be given reasonable advance written notice, if affected, of any ordinance, resolution, rule, or regulation proposed to be adopted by the City directly relating to matters within the scope of representation. The Union shall be given the opportunity to meet and consult with appropriate management representatives prior to the adoption. Proper advance notice shall consist of written notice to the designated business agent. If public safety, public welfare, or an emergency arises that requires any of the above actions to be taken by the City without notice to the Union, the City may take the action while concurrently giving notice that affords the Union a reasonable time in which to meet with management representatives. 2.4 Copies of Memorandum of Understanding-The City and the Union shall share the cost of printing sufficient copies of the Agreement for all current bargaining unit employees, new bargaining unit employees, and management employees. Article 3. Management Rights To ensure that the City is able to carry out its constitutional and statutory functions and responsibilities, nothing contained herein shall be construed to require the City to meet and confer on matters that are solely a function of management. This is including but not limited to the right to direct the work force; to select and determine the number and types of employees required; to determine the content of job classifications; to hire, transfer, promote, suspend, discipline, and discharge employees; to assign work to employees in accordance with the requirements determined by the City; to establish and change work schedules and assignments; to layoff employees for lack of work; to expand or diminish services; to subcontract any work or operations; to determine and change methods of operations; to determine and change work locations, the processes, and the materials to be employed; and to take all necessary actions to perform its functions in emergencies. Article 4 . No Discrimination There shall be no discrimination because of legitimate union activities as defined by Meyers- Milias-Brown Act, against any employee by the Union, by the City, or by anyone employed by the City. Article 5 . Union Stewards and Official Representatives 5.1 Union Stewards-The Union shall be entitled to a reasonable number of stewards who shall restrict their activities to the processing of grievances and shall be allowed a reasonable amount of time for this purpose. The Union shall notify the Personnel officer in writing of the names of the stewards. Article 6. Salaries and Other Compensation 6.1 Wage Rates-Wage rates for each step in the salary schedule shall be increased in the first payperiod including 1/1 of each calendar year of the Agreement. A total compensation salary survey will be conducted on or about 12/1 of each year of the Agreement using the City's standard compensation methodology and agencies, including retirement costs. Appendix B lists all classifications and any of those that are benchmarked. Effective the entire p~eriod including 1/1, the base rate of pay for all employees shall be adjusted to the 60 percentile or median, whichever is greater of the survey cities for each classification using the City's standard survey agencies and 5.2 Permission to Leave Workstations-Stewards shall obtain permission from their supervisor before leaving their workstations to assist a grievant and shall report back to their supervisor before returning to their workstations. This provision shall not be used to prevent the Stewards from performing their duties or obligations set forth in this article, provided however, that the use of time for this purpose shall be reasonable and shall not interfere with the requirements of the City's services, as determined by the City. 5.3 Abuse of this Article-In the event the City determines that Stewards are abusing the provisions of this article, the Union agrees to meet with the City, immediately, to investigate the City's complaint and to ensure full compliance by Stewards with the provisions of this subsection. 5.4 Representation for Disciplinary Action-Whenever an employee is required to meet with a supervisor or management official and the employee reasonably anticipates that such meeting will involve questioning leading to disciplinary action, the employee shall be entitled to have a steward and/or Union representative present upon request. In the event the employee desires the presence of a Union representative, the City will contact the representative and arrange a mutually acceptable time and day to hold the meeting. Except in instances where immediate disciplinary action is necessary, once scheduled, the City shall consider reasonable requests to move the meeting date forward by up to 5- working days for the convenience of the Union representative. 5.5 Union Representatives-The Union shall provide the City with a written list of not more than 2 individuals who are their authorized representatives and any changes thereto. An authorized representative of the Union shall be allowed to visit the work location for the purpose of ascertaining whether this Agreement is being observed. This right shall be exercised reasonably. An authorized representative of the Union shall report to the department and/or division head before proceeding to the work location. The representative shall not interfere with the normal conduct of work. Activities, such as the soliciting membership, collecting dues, holding membership meetings, campaigning for office, conducting elections, and distributing literature are strictly prohibited during working hours without prior approval of the appointing authority. 5.6 Access to Personnel Files-An employee or, on presentation of written authorization from the employee, the employee's representative, shall have access to the employee's personnel file upon request, in accordance with applicable law. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 4 Memorandum of Understanding City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 5 Memorandum of Understanding methodology for a total compensation and salary survey for each benchmarked classification. 6.2 Apprentice Wage Rates-Apprentice Operators shall be paid not less than the wage schedule identified in Appendix B of this Agreement. 6.3 Lead Operator Assignment-Beginning 1/1/03, the City shall establish a lead operator assignment. Employees selected for these assignments will serve approximately 2-year terms, but may serve less than the 2-year terms as determined by management. Employees may also be reappointed to subsequent 2-year terms, as determined by management. 6.3.1 Wage Rates-Wage rates established by this agreement are applicable for all hours in a paid status. 6.3.1.1 Compensation-Effective 1/1/03, the lead operator assignment shall be 7.5% above the base rate of the Plant Operator II salary schedule. 6.3.1.2 Increased Incentive Rates-Effective 1/1/04, the lead operator assignment shall be 10% above the base rate of the Plant Operator II salary schedule. 6.4 Premium Pay for Grade Certification- 6.4.1 Grade III Certification-An employee in the Operator II classification who possesses a valid Grade III Wastewater Treatment Plant Operator certificate shall be compensated at a rate 5.0% higher than the rate for which the employee qualifies pursuant to the salary schedule. 6.4.2 Grade IV Certification-An employee in the Operator II classification who possesses a valid Grade IV Wastewater Treatment Plant Operator certificate shall be compensated at a rate 7.5% higher than the rate for which the employee qualifies pursuant to the salary schedule. 6.4.3 Plant Classifications-Employees in the following classifications may qualify for premium pay for the certifications specified below. See Appendix C of this Agreement. 6.4.3.1 Grade Certification-Those classifications who possess a valid Grade I California Water Environment Association certificate prior to 12/31/99 will continue to receive the premium pay as identified below. 6.4.3.1.1 Mechanical and Electrical Classifications-An employee in the classification of Plant Electrician II, Plant Electrician I, Plant Mechanic I, or Plant Mechanic II, who possesses a valid California Water Environment Association Grade I Certification in Electrical, Instrumentation, or Mechanical Technology prior to 12/31/99 shall be compensated at a rate 2% higher than the rate for which the employee qualifies pursuant to the salary schedule. 6.4.3.1.2 Mechanical and Electrical Classifications-Those classifications of Plant Electrician II, Plant Electrician I, Plant Mechanic II, A Plant Mechanic I, and Environmental Compliance Inspector who possess a valid California Water Environment Association job-related Grade II certification shall be compensated at 4% higher than the rate for which the employee qualifies pursuant to the salary schedule. Not withstanding the provisions of this section, those employees in the listed classifications receiving certification incentive pay of 5% prior to 12/31/99 will continue to receive 5% incentive pay so long as they remain in that classification or another classification where the certification incentive is directly job related. 6.4.4 Lead and Senior Classifications-Those classifications in a lead position who possesses a valid California Water Environment Association job-related Grade III Certification shall be compensated at 4.0% higher than the rate for which the employee qualifies pursuant to the salary schedule. See Appendix C of this Agreement. 6.4.5 Chemist Classifications- 6.4.5.1 Grade III Certification-An employee in the classification of Laboratory Chemist who possesses a valid California Water Environment Association Laboratory Technician Grade III certificate shall be compensated at a rate 4.0% higher than the rate for which the employee qualifies pursuant to the salary schedule. 6.5 Longevity Pay Plan-Permanent full-time employees shall be eligible for longevity pay in accordance with the following schedule: 6.5.1 Fifteen Years of Service-After 15-full years of regular service, 1.5% will be added to the employee's actual hourly rate of pay. 6.5.2 Twenty Years of Service-After 20-full years of regular service, in addition to above, another 1.0% of pay will be added to the employee's actual hourly rate of pay. 6.6 Shift Differential-Employees assigned to work the night shift on a non-overtime basis (6:00 p.m. to 6:00 a.m.) shall receive an additional 6% of pay for those hours actually worked during that period. Shift differential compensation is not paid to employees working in an overtime capacity nor is it paid during approved leaves (i.e., sick, vacation, injury, paid family care, family medical leave, etc.). 6.7 Like- Work for Like-Pay (Temporary Upgrading}-An employee assigned by the City to the duties of a first-line supervisor or above shall be paid the salary of the position commencing with the first day of the assignment. First-line supervisory employees and above, assigned to higher classification duties shall not be paid the salary of the higher classification unless the employee serves in that capacity for 30-consecutive calendar days or more. If this occurs, the employee shall receive the pay of the higher classification commencing with the first day of the 30-day service in the higher classification. 6.8 Temporary Assignment to Higher-level Classification-Except for first-line supervisory classifications and above that are governed by the provisions of Like Work for Like Pay as outlined above, an employee who is assigned and performs the duties of a higher classification for a period of 3 or more hours, shall receive additional compensation for each hour so assigned at the rate of pay for which the employee would qualify had the employee been promoted to the higher-level classification. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 6 Memorandum of Understanding City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 7 Memorandum of Understanding 6.9 Salary Plan Administration and Advancement Within Salary Rates-Employees appointed at the first step of the salary range shall be eligible for advancement to the second step of the specific salary range 6 months after original appointment, provided that the employee's performance merits the increase. Advancement to the remaining steps may be made after 1 year of satisfactory service at each successive salary step, provided that the employee's performance merits the increase. 6.10 Revisions to the Salary Schedule-Changes in an employee's salary because of promotion or demotion may set a revised salary date for that employee. Whenever the salary schedule for a classification is revised, each incumbent in a position to which the revised schedule applies, shall be paid at the same step in the revised rates as the step at which the employee was paid in the previous rate. 6.10.1 Salary Plan Administration and Salary Step After Promotion-When employees are promoted, they shall receive not less than the equivalent of a one-step, 5% salary increase. 6.10.2 Salary Plan Administration and Salary Step After Demotion-When an employee has a voluntary or involuntary demotion, the employee's compensation shall be adjusted to the salary for the classification to which the employee is demoted. Unless otherwise provided, the appointing authority shall determine the specific rate of pay. However, an employee demoted as a result of an abolished position shall be placed at the step in the lower classification that most closely approximates, but does not exceed, the employee's salary in the higher classification. If an employee takes a voluntary demotion to a classification previously held from a classification within the same series, the employee shall be placed at a step commensurate with length of service in both classifications. If the classifications are not within the same series, the employee shall be placed at the same step in the lower classification the employee last held. The service time at such step shall be the same as the service time held previously at such step. 6.11 Salary Plan and Pay periods-Employees shall be paid biweekly, unless mutually agreed to by the City and the Union. 6.12 Certification Reimbursement- 6.12.1 Mandatory Certification-The City will reimburse employees for all fees associated with the successful completion of any certifications that are required as a condition of employment. 6.12.1.1 Voluntary Certification-The City will reimburse employees for all reasonable fees associated with the maintenance of elective professional certifications deemed to be pertinent to the employee's classification by plant management. 6.13 Contracting Work-At such times that the regular workload may preclude the use of existing staff to undertake special or emergency maintenance projects, Management will consult with Unit members prior to the contracting out of Unit work. Plant employees have been and will continue to be offered overtime opportunities as they arise. Management is responsible for monitoring the backlog of work to ensure that staff resources are not overburdened. Article 7. Health and Welfare Plans All full-time regular employees shall be eligible to receive insurance benefits, subject to the terms and conditions of the City's contracts with health insurance providers, as follows: 7.1 A!edicallnsurance-- 7.1.1 Available Plans--Eligible employees shall be permitted to select medical insurance coverage for themselves and their eligible dependents from one of the available medical plans the City has with the carriers, subject to the terms and conditions of the City's contract with the providers: 7.1.1.1 Kaiser Permanente 7.1.1.2 Blue Shield of California. 7.1.2 Payment of Premium Costs-- The City shall pay the premium cost for eligible employees and their dependents to the insurance provider for the plan selected by each employee. 7.1.2.1 A!aximum Rate--The maximum City contribution to the employee's medical premium shall be a rate equivalent to the HMO plan that is the highest composite rate in effect during the term of this Agreement with employees enrolled in more expensive plans paying the difference between the highest composite HMO rate and the other premium rates. 7.1.3 Effective Date ofCoverage--The effective date of medical insurance shall be the first of the month following the date of hire, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City, 6.14 Committee Review-Provide for a small labor management committee to review compensation agencies and comparison data each year prior to actual survey being conducted. 6.15 Salary Survey-Effective July 1, 2005, the salary swvey methodology for determining compensation for the International Union of Operating Engineers Local 39 is modified. The new methodology shall be as follows: (a) data regarding total compensation (i.e., base salary plus employer-paid benefits) will be collected from the same ten survey cities; (b) the data regarding the cities' total compensation will be ranked, from highest to lowers total compensation.(c) the cities with the highest and lowest total compensation as well as the City's own data, will be discarded before computing the average total compensation; (d) the remaining cities' total compensation will be calculated at the 60th percentile; (e) the 60th percentile of total compensation will then be compared to the City's total compensation to get the percent difference in the City's total compensation compared to the remaining cities; (t) the percent difference will then be used to adjust the City's compensation, unless the current City compensation is higher, in which case no change to the total compensation will be made; (g) the City will set the International Union of Operating Engineers Local 39 total compensation package at the 60th percentile of the marketplace based on this computation. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 8 Memorandum of Understanding City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 9 Memorandum of Understanding and dependent coverage shall terminate on the date prescribed by each medical insurance provider's contract. 7.2 lJentallnsurance-- 7.2.1 Available Plan--Eligible employees and their dependents shall be provided dental insurance, subject to the terms and conditions of the City's contract with the provider. 7.2.2 Changes in Plan--Effective 7/1/00, the annual benefit shall increase to $1,500. 7.2.3 Orthodontia-- The lifetime orthodontia coverage is $1,000 for eligible participants. 7.2.4 Payment of Premium Costs-- The City shall pay the premium costs for eligible employees and their dependents to the insurance provider. 7.2.5 Effective lJate of Coverage-Coverage is effective on the first day of the month following completion of 6-full-months of employment with the City, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City, and dependent coverage shall terminate on the date prescribed by the provider's contract. 7.3 Vision Insurance-- 7.3.1 Available Plan--Eligible employees and their dependents shall be provided vision insurance, subject to the terms and conditions of the City's contract with the provider. 7.3.2 Payment of Premium Costs--The City shall pay the premium costs for eligible employees and their dependents to the insurance provider. 7.3.3 Effective lJate of Coverage-Coverage is effective on the first day of the month following date of hire. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City. 7.4 lJiscretionary Benefit Option--An employee may elect to receive deferred compensation monies in lieu of medical, dental, and vision benefits through the City. 7.4.1 Proof of Alternate Insurance--The employee must provide proof of alternate medical insurance and will be held responsible for maintaining own medical insurance benefits through the alternate source. 7.4.2 Method of Computation-- The City shall utilize a weighted average for determining the cost of such benefit. The City shall determine the total premium dollars for employees who are members of each of the City's medical plans, and then divide it by the number of members to get the average medical cost. The dental and vision composite rates will be added to the average medical cost. Eighty percent of this total will be the amount deposited in the employee's deferred compensation account in lieu of the paid medical, dental, and vision benefits. 7.4.3 Exercising the Option--Employees wishing to exercise this option may do so by submitting a completed Discretionary Benefit Option form to the Human Resources Department. Employees may change the discretionary benefit option once each year during the open enrollment period for medical plans, or at another time during the year provided the employee can demonstrate to the City's satisfaction a bona-fide need. 7.5 Life Insurance and Accidental Death and Dismemberment Insurance- 7.5.1 Term Life Value-Subject to the terms and conditions of the City's contract with the provider, the Term Life Insurance for employees has a face value equal to 1.5 times the employee's annual base earnings. 7.5.2 AD&D Value-Subject to the terms and conditions of the City's contract with the provider, Accidental Death and Dismemberment Insurance available for employees is in an amount equal to 1.5 times the employee's annual base earnmgs. 7.5.3 Payment of Premium Costs-The City shall pay the premium costs for eligible employees to the insurance provider. 7.5.4 Effective Date of Coverage-Coverage is effective on the first day of the month following date of hire. Coverage shall terminate on the date the employee ceases to be an employee of the City. 7.6 Disability Insurance Program-Subject to the terms and conditions of the City's contract with the provider, full-time employees shall be provided Short-term Disability (STD) and Long-term Disability (LTD) insurance. If an eligible and covered employee becomes disabled while insured, the provider will pay benefits according to the terms of the group policy after receipt of satisfactory proof of loss. 7.6.1 Short-term Disability-After a 20-day waiting period, an eligible employee may receive 66-2/3% of pre-disability earnings, reduced by any deductible income as determined by the insurance carrier, up to a maximum monthly amount, until L TD benefits begins. 7.6.2 Long-term Disability-After a 90-day waiting period, an eligible employee may receive 66-2/3% of pre-disability earnings, reduced by any deductible income as determined by the insurance carrier, up to a maximum monthly amount. 7.6.3 Payment of Premium Costs-The City shall pay the premium costs for medical, dental, vision, and life insurance for eligible employees to the insurance providers. 7.6.4 Effective Date of Coverage-Coverage is effective the first day of the calendar month following the date of hire. Coverage ends on the date employment terminates. 7.7 Education Expense Reimbursement Program-All employees are eligible to participate in this program. With approval by the department head, an employee who takes a course at an accredited educational institution shall be eligible to receive reimbursement of 50%, for the costs of tuition, fees, and course materials, not to exceed $500 per fiscal year. 7.7.1 Continuing Education Expenses-The City will provide such training and continued education as is necessary to meet the certification renewal requirements for all job-related employee certifications. Such expenses shall be paid by the City or reimbursed to the employee, who has provided appropriate acceptable documentation. 7.8 Section 125 Plan-Based on the terms and conditions of the City's plan, each employee may participate in the IRS-defined section 125 plan. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 10 Memorandum of Understanding City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 11 Memorandum of Understanding 7.8.1 Health Care Reimbursement-This program is available for out-of-pocket unreimbursed health care expenses as allowed under the Plan. 7.8.2 Dependent Care Reimbursement-This program is available for out-of-pocket unreimbursed dependent care expenses as allowed under the Plan. 7.9 Section 457 Deferred Compensation Plan-Employees are eligible, subject to the terms and conditions thereof, to participate in the Deferred Compensation Plans available to City employees. 7.10 Deceased Employee Benefits-The City will allow the spouse of a deceased employee/retiree and existing covered dependents to continue to purchase health insurance from a City-provided medical, dental, or vision plan at the City's premium rate, provided: · There is no cost to the City. · The health provider does not require a City contribution. · The City is held harmless if the coverage is discontinued. 7.11 Retired Emolovee Benefits-. 7.11.1 Group Medical Insurance for Oualifyinf! Retirees-An employee who was hired prior to the adoption of an alternate retiree medical plan by all City bargaining units similar to the plan described in Section 7.11.2 may elect to continue his or her City sponsored medical insurance if the employee is enrolled in the Citv's grOUP medical plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit. the employee must have five years of continuous City employment at the time of his or her retirement. The monthly premium that the City will make for retiree medical insurance pursuant to this provision eauals the monthly monetary contribution that the City makes for single retiree medical HMO coverage. Retirees will be required to pay any additional costs in order to receive retiree medical benefits. An eligible retiree may also elect to continue dependent coverage provided that the retiree bears the full premium costs for any eligible de,pendents. Former part-time emplovees eligible for this benefit will receive a pro-rated retiree medical contribution based on the average budgeted hours of their former position during their final two years of City service. A retiree must continually receive a CalPERS retirement allowance in order to remain eligible to receive retiree medical insurance contributions. Any retiree that unretires from CalPERS and returns to active service with a CalPERS covered agency will permanently forfeit their eligibility for retiree medical benefits pursuant to this provision. 7.11.2 Alternate Retiree Medical Plan ("GASB Lanf!Uaf!e")-An employee who was hired after the adoption of an alternate retiree medical plan by all City bargaining units will not be eligible to participate in the Retiree Medical Insurance program described in 7.11.1. Instead. the City will contribute one and one-half percent (1.5%) of such an employee's base salary toward a Medical after Retirement Savings Account (e.g. VEBA or similar City-sponsored plan). 7.11.3 Grouo Dental Insurance for Qualifying Retirees-An employee may elect to continue his or her City sponsored dental insurance if the emplovee is enrolled in the City's group dental plan and retires concurrently with CalPERS and the Article 8. Hours of Work and Overtime 8.1 Definitions- 8.1.1 Continuous Operations-Positions that work continuous operation is defined as positions that must be staffed 24-hours per day, 7 days per week, 52 weeks per year (2417). 8.1.2 Non-continuous Operations-Positions that work on a non-continuous basis is defined as any position that does not require staffing 24-hours per day. 8.2 Workday- City. In order to be eligible for this benefit. the employee must have five years of continuous City employment at the time of his or her retirement. The retiree bears the full premium costs for himself/herself and any eligible dependents and will be completely responsible for these payments and for continuing dental coverage. 7.11.4 Group Vision Insurance for Qualifying Retirees-An employee may elect to continue his or her City sponsored vision insurance if the employee is enrolled in the City's group vision plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit. the employee must have five years of continuous City emvlovment at the time of his or her retirement. The retiree bears the full premium costs for himself/herself and any eligible dependents and will be completely responsible for these payments and for continuing vision coverage. 7.12 Retirement Plans-The benefit contract in effect between the City and the Public Employees' Retirement System (PERS) on behalf of eligible employees of this Unit shall be continued during the term of this Agreement. Retirement benefits shall be those established for miscellaneous employees by the Federal Social Security Act providing Old Age and Survivor's Insurance and PERS Miscellaneous Employees' 2.7% at age 55 Plan. 7.12.1 Employee Contributions to Retirement System-The rate prescribed by PERS for employee contributions shall be deducted from the pay by the City and forwarded to PERS in accordance with the rules and regulations governing such employee contributions. This amount is 8% of base salary for Miscellaneous Employees as prescribed by PERS. The remainder of any rate, which may be subsequently prescribed by PERS for employee contributions, shall be deducted from employees' pay by the City and forwarded to PERS in accordance with the rules and regulations governing such contributions. 7.12.2 Sick Leave Service Credit-Sick Leave accrued but not used and not paid based on the terms of this Agreement at the time of an employee's concurrent retirement from City service and PERS shall BE reported to PERS for the sick leave service credit provision. 7.12.3 Optional Provisions Added-An employee who has served in the military may be eligible for Military Service Credit, as authorized by applicable law. 7.13 Retirement Health Savings (RHS) Plan-Operating Engineers Local 39 member employees may participate in the RHS Plan to the extent permitted lUlder the existing RHS Plan policy. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 12 Memorandum of Understanding City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 13 Memorandum of Understanding 8.2.1 Eight-hour Schedule-Eight- or 9-consecutive hours of work shall constitute a regular work shift for those non-continuous operations staff except that it may be interrupted by a non-paid lunch break. All employees shall be scheduled to work on a regular work shift, and each work shift shall have regular starting and quitting times. 8.2.2 Twelve-hour Schedule-Twelve consecutive hours of work shall constitute a regular work shift for those continuous operations staff except that it may be interrupted by a paid lunch break. All employees shall be scheduled to work on a regular work shift, and each work shift shall have regular starting and quitting times. 8.3 Rest Periods-Employees shall be entitled to one 15-minute rest break during each 4 hours of an assigned shift. Such rest breaks shall not be accumulative and shall be taken at a time when the work schedule permits. 8.4 Workweek Schedules- 8.4.1 Non-continuous Operations Eight-hour Schedule-The workweek shall consist of 5-consecutive 8-hour days for non-continuous operations staff. 8.4.2 Non-continuous Operations 9/80 Schedule-The workweek for employees assigned to work the 9/80 plan shall consist of eight 9-hour workdays and one 8- hour workday in each 80-hour payperiod. 8.4.3 Twelve-hour Schedule-The workweek for plant operators shall consist of 12- hour workdays within an 80-hour per payperiod schedule. 8.5 Work Schedule-Work schedules showing the employee's shifts, workdays, and work hours shall be posted on the employee bulletin boards or are available in an electronic format. 8.6 Changes in Work Hours/Schedules-Except for situations where the City determines an emergency exists, changes in work schedules shall not be made until the employee and representative have been given reasonable opportunity to discuss said changes with the appropriate management representative. 8.? Overtime-Authorized work performed by an employee in excess of scheduled workday or workweek shall constitute overtime except as otherwise provided. An employee required to work in excess of scheduled work hours shall be compensated for each overtime hour so worked at the rate of 1.5 times the employee's actual hourly rate of pay. No form of overtime payment shall be made where time worked prior to the beginning of a shift or following completion of a shift is less than 12 minutes in duration. 8.8 Scheduled Overtime-Employees, who are scheduled to return to work, shall be compensated as overtime hours at 1.5 times the employee's actual hourly rate of pay, those hours must actually be worked. 8.9 Compensatory Time-With the supervisor's approval, employees may receive compensatory time at the rate of 1.5 times of the employee's actual hourly rate of pay for each overtime hour worked, or may accumulate and use compensatory time in accordance with departmental policies. 8.9.1 Maximum Compensatory Time-All compensated time off may be taken in accordance with departmental policies. Accumulated compensatory time cannot exceed 36 hours. Anyone wishing to exercise this option must give a 5-day notice Article 9. Holidays 9.1 Observed Holidays-The City observes the following holidays: January 1.................................................................. New Year's Day Third Monday in January......................................... Martin Luther King, Jr. Day Third Monday in February....................................... President's Day Last Monday in May................................................ Memorial Day July 4........................................................................ Independence Day First Monday in September ..................................... Labor Day Second Monday in October ..................................... Columbus Day Observed November 11 ........................................................... Veteran's Day Fourth Thursday in November................................. Thanksgiving Day Friday following Fourth Thursday in November ..... Day After Thanksgiving December 25............................................................ Christmas Day 9.2 Half-day Holidays-In addition, the City observes the following half-day holidays: December 24............................................................ Christmas Eve Day December 31 ............................................................ New Year's Eve Day 9.3 Discretionary Holiday-Each employee shall be entitled to one paid holiday each calendar year, which may be taken at the discretion of the employee. This discretionary holiday must be used by the payperiod prior to the last pay period of the calendar year, subject to prior approval of the department head. of the desire for compensatory time off and the time off must be taken so as not to interfere with the minimum staffing and continued functioning of the division or operation. 8.9.2 Compensatory Time Accrual-Hours actually worked that qualify for compensatory time accrue beginning with the first full payperiod of each calendar year and end at the conclusion of the last payperiod of each calendar year. Hours earned in one year cannot be carried forward to the next calendar year. 8.9.3 Payoff of Compensatory Time-During the second payperiod of each calendar year, all earned but not used compensatory time shall be paid to the employee at the employee's actual hourly rate of pay. 8.10 Cal/-back Compensation-Employees who in the course of their employment are called back to work shall receive overtime pay at the rate of 1.5 times the employee's actual hourly rate of pay for each hour worked based on the conditions below. Workday means the day the employee's shift begins and call back commences with the time the employee reports to work and concludes when the employee is released from the assigned work or the beginning of the employee's normal work period, whichever occurs first. 8.10.1 Workday Cal/-back-An employee shall receive a minimum of 3 hours overtime pay for each call-back that occurs on scheduled workdays. 8.10.2 Non-workday Cal/-back-An employee shall receive a minimum of 4 hours overtime pay for each call-back that occurs on non-scheduled workdays. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 14 Memorandum of Understanding City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 15 Memorandum of Understanding 9.4 "E" Time in Lieu of Holiday Pay-When a City-observed holiday falls on a regularly scheduled day off, the employee shall be compensated for 8 hours of straight time pay for the holiday observed, or the employee may request "E" time in lieu of holiday pay at the straight time rate of pay, with the approval of division management, subject to the 36 hour compensatory cap provision. "E" time is time off at straight time for the hours earned in lieu of holiday pay. 9.5 Work Performed on a Holiday-Except for employees assigned to continuous operations or as provided above, any regular full-time employee who is required to work on any authorized holiday, in addition to receiving regular pay for such holiday, shall be paid at the overtime rate for all hours worked. 9.6 Holiday Pay for Non-continuous Operations-Regular full-time employees, except for staff assigned to continuous operations, shall be entitled to observe all authorized holidays at full pay, not to exceed 8 hours for anyone day, provided they are in paid status on both their regularly scheduled workdays immediately preceding and following the holiday. 9.7 Holiday Pay for Continuous Operations-Employees assigned to continuous operations, who by nature of their assignment are unable to observe City holidays, shall be compensated for authorized holidays, not to exceed 8 hours, as straight time for the holiday and straight time for the hours worked. 9.8 Absent on Holidays-Staff scheduled to work on a City holiday, but who are unable to do so due to a job-related injury, shall remain eligible for payment in accordance with this provision as long as the employee is not receiving compensation from other sources. An employee unable to work a holiday due to illness or to an injury unrelated to the job and who is on paid leave shall also be compensated for the holiday pursuant to this provision provided that the employee submits to the immediate supervisor a doctor's certificate verifying the illness or injury. 9.9 Actual Holiday Staffing-In addition to the staff assigned on rotational shifts, 2 workers may be assigned to work at the Treatment Plant on 12/24 (half day) and 12/31 (half day) and the Friday following Thanksgiving. These 2 additional employees are to be compensated at holiday pay computed as follows: Straight time for the holiday and straight time for the additional hours worked. A designated City management employee shall make the assignment. The assignment will be made, first by relying on volunteers, but if there are no volunteers, then the assignments are made on a rotational system established by the City. 9.10 Holidays on a Weekend-When any of the aforementioned holidays fall on a Sunday, it shall be observed on the following Monday; any holiday falling on a Saturday shall be observed on the preceding Friday. 9.11 Holiday Start Time-For employees who work a continuous operation schedule, holidays occur on the actual holiday. Employees who begin to work a shift that starts anytime after 12:00 midnight on the actual holiday are considered to be working the holiday. Article 11. Other Leaves 11.1 Sick Leave- 11.1.1 Determination-Every regular permanent and probationary employee, who is temporarily and/or partially disabled from performing the full scope of the usual and customary duties of his or her classification as the result of an injury or illness that is not industrially caused, shall be eligible to receive sick leave without loss of salary or benefits within the limits set forth below. 11.1.2 Amount of Sick Leave-Employees will accrue 8 hours per month of sick leave. Such leave may be accumulated without limit. 11.1.3 Sick Leave Request-An employee shall prepare and present a request for sick leave on each occurrence of sick leave on such forms and in accordance with such policies and procedures established for sick leave requests by the department head or designee. 11.1.4 Approval of Sick Leave Request-The department head or designee shall review all sick leave requests and, if approved, the request for paid sick leave for an employee shall be granted. The department head or designee shall not unreasonably withhold approval of the employee's sick leave request. Sick leave Article 1 O. Vacation Leave 10.1 Vacation Leave-Regular full time employees shall accrue vacation as follows: Length of Continuous Service Biweekly Accrual Rate o through completion of 4th year .......................................... 4.62 hours Fifth through 14th year.......................................................... 6.16 hours Fifteenth through 24th years ................................................. 7.69 hours Twenty-fifth and succeeding years....................................... 9.23 hours 10.2 Deferral-An employee may defer 40 hours of vacation leave to the succeeding calendar year. In addition, if the service requirements are such that an employee cannot take all entitled vacation in the calendar year, the employee may defer, with the approval of the department head, the unused portion to the following year, provided that no more than 30-working days of vacation are accumulated. The employee shall file a written request to defer vacation with the department head and the appointing authority. Deferred vacation not taken during the calendar year immediately following the calendar year in which the vacation leave was deferred shall be compensated in time off or compensation during the month of January. 1 0.3 Scheduling-The times during the year at which an employee shall take vacation shall be determined by the department head with regard for the wishes of the employee and the needs of City service. 10.4 Pay Upon Separation from City Service-Employees separating from the City Service shall be paid at their current hourly salary rate for all unused accrued vacation hours. No such payment shall be made for vacation hours accumulated contrary to the provisions of these sections. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 16 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 17 Memorandum of Understanding as used herein, is defined as a period of time during which the employee suffers actual illness or injury that necessitates his/her absence from employment. Sick leave is not a right or privilege to be used at the discretion of the employee. 11.1.4.1 Notification-The employee must notify the immediate supervisor prior to the commencement of the daily work period if intending to take sick leave. 11.1.4.2 Verification of Injury or Illness- 11.1.4.2.1 Usual Verification-An employee requesting paid sick leave shall provide reasonable verification of the illness or injury, usually in the form of the employee's personal statement regarding the injury or illness. 11.1.4.2.2 Doctor 's Verification-The department head or designee may require a verification prepared and signed by a medical doctor, which confirms that the employee is unable to perform work and the employee's expected retum-to-work date. The department head may also request medical verification that the employee has fully recovered and is able to perform the full scope of the normal and customary duties of the position. This verification shall be required when an employee is absent due to illness or injury for a period of 39 or more work hours. In addition, the department head may require a medical verification any time the department head has reasonable basis to believe that the leave has been abused by an individual employee. Such medical verification request shall not be unreasonably imposed. 11.2 Payment of Unused Accumulated Sick Leave Accrued-Upon death, separation from City employment as a result of a work-related injury/illness, a full-service retirement after 10 years of service, or retirement at age 50, an employee shall be paid for half of the accumulated sick leave at the time of separation, retirement, or death. Retirement is defined as retirement from City service and receiving PERS retirement benefits. Years of service does not include time spent as a temporary or part-time employee. Payment of unused sick leave hours shall be made at the employee's actual hourly rate at the date of separation from City service. However, no employee shall receive payment for any accumulated sick leave hours in excess of 1200 and the maximum payable hours shall be 600. 11.3 Sick Leave Management Policy-All permanent and probationary employees who are temporarily and/or partially disabled from performing the full scope of duties within their classification as a result of an injury or illness that is not industrially caused, are eligible to receive sick leave without loss of salary or benefits. As identified in the City's Sick Leave Management Policy Administrative Instruction, abuse of sick leave is defined as the use of sick leave for purposes other than illness or injury. Consistent with this policy, the monitoring, management, maximum use of sick leave, and reporting should conform to a general City standard. Therefore, employees exceeding 56 hours or 7 occurrences of sick leave per year will be subject to a review of sick leave usage. 11.4 Industrial Injury or Illness Leave-An employee who is temporarily and/or partially disabled from performing work as a result of any injury or illness that has been detennined to be industrially caused that necessitates the employee's absence from work, shall be entitled to receive paid industrial injury or illness leave without loss of salary or benefits. Employees shall be eligible to receive paid industrial injury or illness leave for all time the employee is normally scheduled to work but is unable to work for a maximum period of 90-calendar days following the date in which the injury or illness caused the period of temporary and/or partial disability and necessitated the employee's absence from work. An employee receiving paid industrial injury or illness leave shall assign to the City all workers' compensation insurance proceeds received by the employee for all of the time in which the employee also received paid leave from the City. 11.5 Disability Insurance Program- 11.5.1 Application for Benefits-An employee who is disabled from performing the full scope of the usual and customary duties of the classification as the result of an injury or illness and has utilized all accrued sick leave and paid leave for which the employee is eligible, may file an application for short- or long-tenn disability benefits in accordance with the requirements of the City's Disability Insurance policy. The elimination period for the disability plan is 30-calendar days. Employees will not be required to utilize sick leave in excess of this elimination period in order to qualify for disability payment. 11.5.2 City Determination-Upon an employee qualifying for disability benefits, the City shall detennine the following: 11.5.2.1 Determination of Employee Disability-Whether the employee's disability from performing the full scope of the usual and customary duties of the classification is pennanent and stationary. l1.5.2.2Medical Prognosis-Whether the medical prognosis for the employee's eventual ability to completely recover to a point of being able to assume the full scope of the usual and customary duties of the classification is such that there exists a probability of complete recovery within a period of 365 days, or a reasonable extension thereof. The City will require medical verification from the employee regarding the condition, and may also require medical verification regarding the employee's condition from a medical doctor retained by the City. 11.5.2.3 Permanent and Stationary Determination-If the City detennines that the employee's disability precludes him/her from performing the full scope of the usual and customary duties of the classification with or without accommodation and the disability is pennanent and stationary, then the City may either assist the employee in applying for a disability retirement or otherwise separate the employee from the City's service in accordance with applicable law. 11.5.2.4 Temporary Determination-If the City detennines that the employee's disability from performing the full scope of the usual and customary duties of the classification is such that there exists a significant City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 18 Memorandum of Understanding City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 19 Memorandum of Understanding probability of complete recovery within a period of 365 days, based on medical verification, then the City has discretion on a case-by-case basis to grant the employee a leave of absence without pay for a reasonable period of time to recover from the disability. The City reserves the right to require medical verification of the employee's fitness for duty before permitting the employee to return to City service. 11.5.2.5Permanent and Stationary Determination During Leave of Absence-If the City grants an employee a leave of absence without pay for the purpose of providing the employee with the ability to completely recover and the employee's disability becomes permanent and stationary during the period of such leave, then the City may assist the employee in applying for disability retirement or otherwise separate the employee from City service. 11.5.2.6Accrued Vacation Payment-Upon becoming eligible for disability insurance benefits, and upon being granted a leave of absence without pay for a period appropriate to the time necessary to determine an employee's ability to completely recover, the City will pay, at the request of the employee, any accrued vacation time for which the employee qualifies. 11.5.2.7 Insurance Premium Payment-The City will continue to pay insurance premiums on behalf of a disabled employee and dependents, pursuant to the provisions for such payments otherwise provided in this Agreement until the actual date of separation from City employment of the employee. 11.6 Light-duty Program-The purpose of the light-duty program is to minimize the loss of productive time, while at the same time reintroduce the employee to work to prevent deterioration of skills, facilitate recovery, and reduce income loss. Light-duty assignments will be structured so that employees are not placed in a duty status that would aggravate or cause a reoccurrence of injury or illness. Light-duty assignments will not be made unless the employee receives medical clearance from a physician to return for light duty. This program shall be coordinated with applicable workers' compensation benefits so that benefits are provided at the level not less than those mandated by state law. 11.6.1 Coverage-This light-duty program will cover any employee who suffers a temporary and partial disability due to an industrial or non-industrial injury or illness. 11.6.2 Determination/Required Reports- 11.6.2.1 Assignments-Light-duty assignments may be made following evaluation and determination by the department head. The determination will be based on available medical information, in consultation with the employee and/or the affected supervisor, and based on the needs of the City, and the impact of light duty on departmental operations. 11.6.2.2 Medical Updates-Employees who seek light-duty assignments or who are on light-duty assignments are required to provide medical reports regarding the status of their condition to the department head at 2-week intervals, or at other agreed-upon intervals, for as long as the employee is off work. Reports will be required for all industrial or non-industrial injuries or illnesses regardless of whether or not a light-duty assignment has been made. Reports will be evaluated by the department head for purposes of continuing or terminating a current light-duty assignment or to determine when to commence a light-duty assignment. 11.6.3 Light-duty Assignment, Definitions, and Restrictions-Light-duty assignments shall only be provided to employees with temporary disabilities where it has been medically determined that the employee will be able to return to the essential functions of his/her current job with or without accommodation. Under no circumstances shall the light-duty assignment be considered to be a permanent alternative position for purposes of reasonable accommodation under the applicable disability discrimination laws. Light-duty assignments: . May consist of reduced work hours, limited work, or any combination thereof. . Will not adversely affect the employee's normal wage rate. . Will be within the employee's assigned department; or if no regular work is available, the employee may be assigned work outside of the department consistent with skill and ability. . When feasible will be during the employee's normal shift and duty hours. However, if it is determined that no useful work will be performed during the normal shift or duty hours, the employee can be assigned light duty during the normal office hours of8:00 a.m. to 5:00 p.m., Monday through Friday. . Will be developed based for specific light-duty assignments on a case-by-case review of the medical restrictions, so as not to aggravate an injury or illness. 11.6.4 Holidays/Vacations During Light-duty Assignments- 11.6.4.1 Holidays Observed-Holidays shall be observed in accordance with the light-duty assignment work hours and workweek. That is, if an employee is assigned to work hours in a department, division, or operating unit where employees in that work unit take a holiday off, so shall the light-duty employee. If the employee is assigned to work hours in a department, division, or operating unit where employees in that work unit work holidays, so shall the light-duty employee. Compensation for holidays shall be in accordance with this Agreement. 11.6.4.2 Vacations-Employees assigned to light duty shall take their vacation as normally scheduled. Vacations shall cover the same number of workdays and calendar days as would have been if the employee had remained on full duty. Employees may reschedule their vacation with the approval of the department head, provided the rescheduling does not result in increased costs or lost time to the City for relief staff to cover the rescheduled vacation. 11.6.5 Return to Full Duty--Employees will be returned to a full-duty assignment as soon as possible following medical certification that the employee is able to resume the full duties of the classification with or without reasonable accommodation. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 20 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 21 Memorandum of Understanding 11.7 Sick Leave as Family Care ("Kin Care'J-Employees accrue sick leave each year as defined in the sick leave article of this Agreement. In recognition of Labor Code 233, employees are permitted to use up to half of their annual sick leave allotment, in any calendar year, for the purpose of obtaining medical consultation, treatment, or for caring of a sick family member as defined below. 11.7.1 Definition of Family Member for Sick Leave as Family Leave Purposes-A family member, as defined in Labor Code 233 section, shall include the employee's spouse, child, mother, father, and eligible domestic partner. 11.7.2 Leave Amount-The combined total of hours taken for family care purposes pursuant to Labor Code 233 section shall not exceed half of the employee's annual allotment of sick leave. Forty-eight hours of leave per year for this purpose is available. 11.7.3 Concurrent Use of Leave-Sick Leave as Family Care may run concurrently with any family leave permitted under federal or state law. 11.7.4 Notification Procedures-Leave usage forms and notification procedures will continue to be used, provided the City reserves the right to take such action it deems necessary to confirm or verify use of this leave. 11.8 Bereavement Leave-Each employee may take leave without loss of pay for the purpose of attending the funeral of any member of his /her immediate family, as defined below. 11.8.1 Within California-An employee may be granted up to a maximwn of 24 hours of bereavement leave per occurrence for the death or to attend the funeral of a family member within California. 11.8.2 Outside California-An employee may be granted up to a maximwn of 40 hours of bereavement leave per occurrence for the death or to attend the fUneral of a family member outside of California. 11.8.3 Definition of Immediate Family for Bereavement Leave Purposes-As used herein for bereavement leave purposes, immediate family is defined to be spouse, parents, brother, sister, grandparents, child, mother-in-law, father-in-law, brother- in-law, sister-in-law, daughter-in-law, or son-in-law. In addition, the department head may grant the above-described leave in the event of the illness or disability or funeral of someone other than those persons designated if, in the department head's opinion, there exists an extraordinarily close relationship between the employee and such person. 11.9 Leaves of Absence-The City may grant an employee in a permanent position a leave of absence without payor benefits not to exceed 1 year. A request for leave and the reason therefore shall be submitted in writing and must be approved by both the department head and the City Manager. 11.9.1 Expiration of Leave of Absence-Upon expiration of the approved leave, the employee shall be reinstated in former classification without loss of service credits or benefits (subject to terms of the contracts with the benefit providers) accrued prior to said leave. However, during the period of leave, the employee shall not accumulate service credits nor shall the City continue contributions towards retirement plans. During this period the City shall not continue contributions toward group insurances, unless the leave is FMLA-qualifying. 11.9.2 Failing to Return from Leave-Failure on the part of an employee to return to work on the date scheduled shall be cause for termination. 11.10 Pregnancy-related Disability Leave-As provided for in state law, employees may be granted leave up to the maximum period of time permitted by law for disabilities caused or contributed to by pregnancy, childbirth, or related medical conditions, or for reason of the birth of a child. The employee shall provide the City with medical verification of the pregnancy disability, including the anticipated length of absence and the anticipated retum-to-work date. This leave may run concurrently with the provisions of the family medical leave act. 11.10.1 Temporary Transfer-Upon physician's advice, the employee may request a temporary transfer to a less strenuous or hazardous position carrying the same or lower salary in which the employee is qualified to perform. Nothing herein shall result in the displacement or transfer of other employees in permanent positions or the performance of unnecessary work. 11.10.2 Physical Examination-Where it is the opinion of the department head that the employee should be placed on leave sooner than prescribed by her physician due to the employee's inability to effectively or safely perform the duties of her regular position or of to one to which she has been, or could otherwise be temporarily transferred, the employee may be required to undergo an examination by a second physician. The cost of this examination shall be paid by the City and shall not be ordered without prior approval of the appointing authority. 11.10.3 Leave Utilization-The employee shall be entitled to utilize sick leave, vacation, or compensatory time off benefits on the same basis as other employees who are temporarily disabled. While the pregnant employee is on a paid leave status, service credits shall continue to accrue and the City shall continue payments toward group insurance and retirement coverage. 11.10.4 Returning from Leave-Upon expiration of the approved leave, the employee shall be reinstated to the former classification or to a comparable one if the former position is abolished during the period of leave and the employee would otherwise not have been laid off. Prior to the employee being reinstated, a statement from the attending physician indicating that the employee is physically capable of resuming the regular duties of the position will be required. 11.11 Paternity Leave-As provided under the family medical leave act, an employee may request to be absent for a period of up to 12 weeks upon the birth or upon adoption of a baby. Unused but accrued vacation or compensatory time may be used to the extent available. Such leave runs concurrently with the family medical leave act leave. 11.12 Military Leave-Military leave shall be granted in accordance with the provisions of applicable state and federal law. All employees legally entitled to military leave shall provide the immediate supervisor with the information, within the limits of military orders or regulations, to determine when such leave shall be taken. The immediate supervisor may modify the employee's work schedule to accommodate the requirements applying to the leave. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 22 Memorandum of Understanding City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 23 Memorandum of Understanding 11.13 Jury Duty-Employees must notify their supervisors when called to jury duty. All time at jury duty will be applied toward the employees' regular workday. The employee must submit record of hours at jury duty. Given the many different shifts employees' work, modification of work hours for such jury duty will be left to the discretion of the department head or designee, and may be appealed to the Director of Human Resources. Article 12. Automatic Progression 12.1 Plant Operators- 12.1.1 Treatment Plant Operator I to II-Any employee hired as an Operator I shall upon receipt of a valid Grade II certificate issued by the State of California shall be advanced to Operator II without additional City-required oral, written, or performance examinations. 12.1.2 Certification a Condition of Continued Employment- 12.1.2.1 Grade II Operators-As a condition of continued employment, employees hired as an Operator I must obtain a valid Grade II certificate issued by the State of California or the certifying authority recognized by the State of California, within 2 years from the effective date of hire as an operator. If an employee fails to obtain this required certification within the 2-year period, the employee may be terminated from employment without right of appeal. 12.1.2.2 Grade III Operators-Employees classified as a Plant Operator II must obtain and maintain a Grade III certificate issued by the State of California or the certifying authority recognized by the State of California, within 3 years of their appointment. If an employee fails to obtain this required certification within the 3-year period, the employee may be terminated from employment without right of appeal. 12.1.2.3 Maintenance of Required Certification-If an employee classified as a Plant Operator I or II fails to maintain a valid, required Wastewater Plant Operator's certificate issued by the State of California or the certifying authority recognized the State of California, the employee may be terminated from employment without right of appeal. 12.1.2.4 New Plant Operators Hired After 1I1103-Commencing 1/1/03, all new Plant Operator II employees shall at the time of their employment, possess or obtain within 3 years of their employment as a Plant Operator II, a valid Grade ill Wastewater Treatment Plan Operator's certificate issued by the State of California or the certifying authority recognized the State of California. Permanent Plant Operator II employees hired prior to 1/1/03 shall be exempt from this provision so long as they maintain a valid Grade II certificate. 12.2 Mechanic and Electrical Staff-The City may fill any position at the level it deems appropriate for Plant Mechanic I or Plant Mechanic II, and Plant Electrician I or Plant Electrician II. It will also provide for alternate staffing/automatic progression for any Article 14. P ersonnel Practices 14.1 Probationary Periods- 14.1.1 Duration-All original and promotional appointments shall be tentative and subject to a probationary period of not less than 12 months of actual service from the date of probationary appointment or promotion. 14.1.2 Rejection-The appointing authority may terminate a probationary employee at any time during the probationary period without right of appeal in any manner and without recourse to the procedures provided in the grievance article of this Agreement. 14.1..3 Promotional Probation-An employee who has previously completed the probationary period and is rejected during a subsequent probationary period for a promotional appointment shall be reinstated to the former position from which the employee was promoted, if such position still exists. This section shall not be construed as to prohibit the City from discharging any employee during a subsequent promotional probationary period for those reasons and causes set forth in the discipline article of this Agreement. 14.1.4 Probation after Transfer-Employees who transfer to another division shall be required to undergo a new probationary period in a position into which transferred. If unsuccessful in the new probationary period, the voluntarily transferred employee may be terminated from City service. Employees transferred Article 13. Apprenticeship The Union and the City agree to continue the current Stationary Engineers Local 39 Apprenticeship Training Fund. Should management determine a 14th operator position is needed such position shall be designated as an Apprentice. There will be no more than one apprentice position at a time. plant mechanic and electrical staff that are appointed at the lower level of the classification series. This automatic progression for employees hired at the lower level will occur if all of the following conditions are met. The employee in the lower level classification must have: . Reached step 5 on the salary schedule. . Possessed a Grade II or higher CWEA Mechanical Technologist Certification or Electrical/Instrumentation Technologist Certification for at least one year. . Achieved "Above Standard" overall job performance ratings on at least 3 of the previous 5 performance evaluations. . If promoted, at the conclusion of one year, successfully completed a new probationary period. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 24 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 25 Memorandum of Understanding non-voluntarily shall be reinstated to their former position if unsuccessful in their new probationary period, if such position exists. 14.1.5 Probation after Return from Layoff-An employee who is laid off and subsequently appointed as a result of certification from an employment eligible list to a position of a different classification than that from which laid off, shall undergo the probationary period prescribed for the classifications to which appointed. Former probationary employees appointed from a reinstatement or re- employment list must serve the remainder of the probationary period in order to attain permanent status. 14.2 Transfer-An employee may be transferred by the appointing authority from one position to another position in the same or comparable classification carrying essentially the same maximum salary for which the employee is qualified to perform. 14.3 Promotion-The City shall endeavor to fill vacancies by promotion when in the best interest of the service. In the event the appointing authority determines to fill a vacancy by promotion, the Personnel officer prepares and administers an examination for those employees who meet the minimum qualifications. The names of the successful candidates shall be recorded in the order of their standing in the examination on an employment list. Closed promotional appointments shall be made from the first 4 candidates (the number may be unilaterally changed by City Council Resolution) on the employment list who are ready, willing, and able to accept the position offered. 14.4 Employment Lists-Promotional lists shall become effective upon approval thereof by the Personnel officer. Employment lists shall remain in effect for 1 year unless sooner exhausted, and may be extended, prior to its expiration dates, by action of the personnel officer for additional 3-month periods, but in no event shall the list be extended for more than one additional year. If an appointment is to be made from an open-competitive list, the names of all persons on the list shall be certified. 14.5 Removal of Names from Employment Lists-the City for any of the following reasons may remove the names of any person on an employment list. . The eligible person requests in writing that his/her name be removed. . The candidate fails to respond to a written offer of employment within 6 business days from mailing. . A subsequent report of an investigation is unsatisfactory. . The candidate has been passed over for appointment 3 times. . A candidate who rejects an offer of employment shall be removed from the employment list. 14.6 Time Off for Examinations-Promotional examinations scheduled by the City during an employee's regular working hours may be taken without loss of compensation. 14.7 Resignation and Reinstatement- 14.7.1 Resignation-An employee desiring to leave the City in good standing shall submit a letter of resignation to the immediate supervisor no later than two weeks in advance of the effective date of separation; complete an exit interview; and receive a satisfactory final evaluation. 14.7.2 Reinstatement-A permanent employee who has resigned in good standing may be reinstated within two years of the effective date of resignation. Such Article 15. Reductions-in-force, Layoffs, and Re-employment 15.1 Council Determination-Whenever, in the judgment of the City Council, it becomes necessary in the interest of economy or because the position involved no longer exists or is no longer necessary or because of a material change in duties, organization, or shortage of work or funds, the City Council may abolish any position in the competitive service and layoff, reassign, demote, or transfer an employee holding such position. This action shall not be deemed a disciplinary act or an act requiring written charges. The appointing authority may likewise layoff an employee in the competitive service because of a material change in duties, organization, or shortage of work or funds. 15.2 Seniority-Seniority, for the purpose of layoff, is defined as length of continuous full- time regular employment within City service, and shall not include time spent in service on a provisional or temporary status. Seniority shall be retained, but shall not accrue during any period of leave without pay, except for authorized military leave granted pursuant to law. 15.3 Order of Layoff-When one or more employees in the same class in a City department are to be laid ofT, the order of layoff in the affected department shall be as follows: . Probationary employees in reverse order of seniority. . Permanent employees in reverse order of seniority. 15.4 Identical City Service Seniority-Should two or more employees have identical City service seniority, the order of layoff will be determined by classification seniority. Whenever two or more employees have identical classification seniority, a mutually agreeable random process shall determine the order of layoff. 15.5 Layoff Notification-Employees shall be forwarded written notice, including reasons therefore, a minimum of 10-working days prior to the effective date of layoff by certified or registered mail, return receipt requested, or shall be personally served. An employee receiving said notice may respond, in writing, to the appointing authority. The employee's representative shall receive concurrent notice, and upon request, shall be afforded an opportunity to meet with the City to discuss the circumstances requiring the layoff and any proposed alternatives that do not include the consideration of the merits, necessity, or organization of any service or activity 15.6 Reassignment in Lieu of Layoff- 15.6.1 Vacant Positions in City-In the event of layoff, the employee will be allowed to transfer to a vacant position that the City intends to fill in the same classification in any City department as follows. reinstatement may be to a vacant position in the employee's former classification or to one in a comparable classification that does not carry a significantly higher rate of pay and that the former employee is qualified to perform. Reinstatement shall be made at the salary step approved by the appointing authority. The reinstated employee will serve the designated probationary period for that classification at which the employee is reinstated. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 26 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 27 Memorandum of Understanding 15.6.2 Former Classification-In the event there are no vacant positions in the same classification in any department, the employee will be offered a vacant position in any classification at the same or lower salary level in which permanent status had formerly been held, first in the affected department and then Citywide. 15.6.3 Displacement-In the event there are no vacancies as listed above, the employee shall have the opportunity upon request to be assigned to any classification in the department at the same or lower salary level in which minimum qualifications have been met and a regular layoff procedure in the same or lower salary level shall apply. 15.6.4 Step Classification-Employees transferred, reassigned, or demoted under this section will be assigned in the new classification salary range to a step closest, but not exceeding, the employee's salary at the time of reclassification. 15.6.5 Employee Requests-An employee must request in writing the provisions of the Reassignment in Lieu of Layoff section, within 5-working days prior to the effective date of layoff. 15.7 LayojJs- 15.7.1 Exercising Rights-In the event an employee is not reassigned in lieu of layoff, as set forth above, the employee shall be laid off. If an employee elects not to exercise the rights in section Reassignment in Lieu of Layoff, the employee may be deemed to have been offered and to have declined such work and shall be laid off. 15.7.2 Accrued Leaves-Laid off employees are to be paid for accrued vacation and sick leave in accordance with this Agreement when separated as a result of a layoff. 15.8 Layoff Re-employment and Reinstatement Lists- 15.8.1 Reduction in Force Reclassification or Demotion-Probationary and permanent employees, who are reclassified and/or demoted as a result of a reduction in force, shall have their names placed on a classification reinstatement list, in order of their seniority. Vacant positions within the classification shall first be offered to employees on this list. 15.8.2 Reduction in Force Re-employment List-Employees who are laid off, shall have their names placed in order of seniority on a classification re-employment list that in the opinion of the personnel officer requires basically the same qualifications, duties, and responsibilities as those of the classification in which the layoff occurred. Vacant positions in such classifications shall be offered to eligible employees on the re-employment list that qualify for such vacancies prior to an open or promotional recruitment. 15.8.3 Duration and Removal from Reinstatement or Re-employment Lists--No name shall be carried on a reinstatement or re-employment list for a period longer than two years. Refusal to accept the first offer of reinstatement or re-employment within a classification shall cause the employee's name to be dropped from the list. Individuals not responding to written notification by certified or registered mail, return receipt requested, forwarded to their last known address, of an opening within 10-working days from mailing, shall have their names removed from either the reinstatement or re-employment list. .Article 18. Discipline 18.1 Action by City- The City may discipline, discharge, suspend, demote, or reduce in salary any permanent employee for reasons including, but not limited to, dishonesty; insubordination; incompetence; willful negligence; failure to perform work as required; or failure to comply with or violation of the City's rules regarding safety, conduct, or operations; chronic absenteeism; misstatement of fact on an application or other personal document; falsification of records; unfitness for duty; and absence without authorized leave. Any discharged, suspended, or demoted employee, or an employee whose salary has been reduced for disciplinary reasons, shall be furnished the reason for such action in writing. In the event an employee feels that the discharge, suspension, demotion, or salary reduction is unjust, the employee shall have the right to appeal the case through the grievance procedure within 5-working days from the date of the actual disciplinary action. Article 1 7. Safety 17.1 Observance of Safety Rules and Regulations-Both the City and Union shall expend every effort to ensure that work is performed with a maximum degree of safety, consistent with the requirement to conduct efficient operations. 17.2 Safety Program-The City has established a safety program and representatives of the unit shall serve on the safety committee. 17.3 Safe~v Equipment-The City shall continue to supply employees with safety equipment required by the City and/or Cal/OSHA. All employees shall use City supplied safety equipment only for the purpose and uses specified under applicable safety rules and regulations. Article 16. Recreational Facilities and Classes 16.1 Admission to Classes-Employees shall be entitled to free admission to City recreation facilities and to free enrollment in up to 5 recreational classes during a 12-month period (lab fees or ingredient fees not included). 16.2 Use of Facilities-Employees using City recreation facilities and enrolled in City recreational classes shall engage in such activities on the employee's non-work time. Employee admission to recreation facilities and recreation classes shall be accomplished in conformance with the rules and regulations established by the source department. 15.8.4 Probationary Rehires-Probationary employees appointed from a reinstatement or re-employment list must serve the remainder of their probationary period in order to attain permanent status. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 28 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 29 Memorandwn of Understanding 18.2 Notice of Disciplinary Action-The City shall provide the affected employee with written notice prior to taking disciplinary action, except where circumstances dictate the City taking immediate action to remove the employee from the work place. In such cases, written notice, as set forth below, shall be provided the employee within 2-working days of the action. In instances where disciplinary action must be imposed immediately, the notice shall be provided the employee no later than 5-working days before the disciplinary action is to be effective. Where immediate disciplinary action has been imposed, such action will not become final until the aforementioned notice has been furnished the employee and the employee has been provided no less than 5-working days from the receipt of the notice to respond to the authority initially imposing the discipline. 18.2.1 Notice-In all cases, written notice of disciplinary action shall be served on the employee personally or by certified or registered mail, return receipt, with a copy of the notice to be placed in the employee's personnel file. The written notice shall contain the following information: . The type of disciplinary action recommended. . The effective date of the action proposed. . The reason or cause for the action and the rules, regulations, and/or policies violated. . That the employee shall be furnished all copies of all materials upon which the action is based. . That the employee has the right to respond either orally or in writing to the authority initially imposing the discipline. 18.2.2 Appeal Rights-Once the proposed disciplinary action has been imposed, the affected employee shall have the right to appeal. Such appeals shall be filed directly at the fourth step of the grievance procedure set forth in this Agreement. 18.2.3 Probationary Discharge-Probationary employees may be discharged for any reasons, which in the sole opinion of the City is just and sufficient. Such discharge shall not be subject to the grievance procedure, except under the conditions specified in Probationary Period article of this Agreement. Article 19 . Grievance Procedure This grievance procedure shall be applied in resolving grievances filed by an employee covered by this Agreement. 19.1 Definition of a Grievance-A grievance shall be defined as any dispute that involves the interpretation or application of any provision of this Agreement during its term, excluding all ordinances, resolutions, rules, and regulations, the contents of which are not specifically covered by the provisions of this Agreement. Such excluded ordinances and resolutions shall not be subject to this grievance procedure. 19.2 Time for Filing-A grievance shall be void unless it is filed in writing within 45-calendar days from the date upon which the City is alleged to have failed to provide a condition of employment that has been established by this Agreement, or within 45-calendar days from the time an employee might reasonably have been expected to have learned of the alleged failure. In no event shall a grievance include a claim for money relief for more than 45-calendar day period, plus such reasonable discovery period. 19.3 Informal Discussion with Employee's Supervisor - Step i-Before proceeding to the formal grievance procedure, an employee shall discuss the grievance with the immediate supervisor in private and attempt to work out a satisfactory solution. If the employee and the immediate supervisor cannot work out a satisfactory solution, the employee may then choose to represent himself or herself individually, or may request the assistance of the Union in writing to formally present the grievance. 19.4 Formal Written Grievance - Step 2-If the employee wishes to formally pursue the grievance, the employee shall present the written grievance to the supervisor's immediate superior within 15-calendar days after the date upon which the grieving employee informally discussed the grievance with the immediate supervisor. The written grievance shall specify the article, section, and/or subsection of the Agreement that is alleged to have been violated by the City and shall specify dates, times, places, persons, and other facts necessary for a clear understanding of the matter being grieved. The supervisor's immediate superior shall return a copy of the written grievance to the employee with an answer in writing within 15-calendar days from receipt of the grievance from Step 1. 19.5 Grievance to Department Head - Step 3-The department head or designee shall have 15- calendar days after receipt of the grievance to review and answer the grievance in writing. A meeting between the department head or designee and the grievant with his/her representative is required at this level unless waived by mutual Agreement. 19.6 Waiver of Supervisory Review-If the grievance is not resolved after the informal discussion with the employee's immediate supervisor, the grievant and the department head or designee may, by mutual agreement, waive review of the grievance to the department head or designee. 19.7 Informal Review by the City Manager - Step 4-Prior to the selection of an arbitrator and submission of the grievance for hearing by an arbitrator, the City Manager or designee shall informally review the grievance and determine whether said grievance may be adjusted to the satisfaction of the employee. The City Manager or designee shall have 15- calendar days in which to review and seek adjustment of the grievance. 19.8 Arbitration of Grievance - Step 5-In the event that the department head does not resolve the grievance, the grievant may within 30-calendar days after receipt of the department head's decision request in writing that an arbitrator hear the grievance. 19.9 Selection of Arbitrator-The arbitrator shall be selected by mutual agreement between the City Manager or designee and the grievant or representative. If the City Manager or designee and the grievant or representative are unable to agree on the selection of an arbitrator, they shall jointly request the State Mediation and Conciliation Service to submit a list of 7 qualified arbitrators. The City Manager or designee and the grievant or representative shall then alternately strike names from the list until only one-name remains, and that person shall serve as arbitrator. 19.10 Duty of Arbitrator-Except when an agreed statement of facts is submitted by the parties, it shall be the duty of the arbitrator to hear and consider evidence submitted and to thereafter make written findings of fact and disposition of the grievance that shall be final City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 30 Memorandum of Understanding City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Page 31 Memorandum of Understanding and binding upon the parties. The decision of the arbitrator shall be based solely upon the interpretation of the appropriate provisions of the Agreement applicable to the grievance and the arbitrator shall not add to, subtract from, modify, or disregard any of the terms or provisions of the Agreement. 19.11 Power of the Arbitrator-The provisions for arbitration are not intended and shall not be construed to empower an arbitrator to change any condition of employment specifically covered by the Agreement or to revise, modify or alter in any respect any provision in the Agreement. 19.12 Payment of Costs-Each party to a hearing before an arbitrator shall bear own expenses in connection therewith. All fees and expenses of the arbitrator shall be borne halfby the City and half by the grievant, except that the moving party must pay any cancellation charge for both parties if an arbitration session is canceled without sufficient notice to the arbitrator. 19.13 Effect of Failure of Timely Action-Failure of an employee to file an appeal within the required time period at any level shall constitute an abandonment of the grievance. Failure of the City to respond within the time limit at any step shall result in an automatic advancement of the grievance to the next step. 19.14 Non-union Representation-In the event that an employee chooses to represent him/herself or arranges for representation independent of the Union, the department head and the City shall make no disposition of a grievance that is inconsistent with the terms and conditions of this Agreement. In the event an employee shall elect to go to a hearing independently, the Union shall have the right to be a full and equal party to such proceeding for the purpose of protecting the interests of its member under the terms of this Agreement. Article 20. Past Practices and Existing Memoranda of Understanding 20.1 Working Conditions-Continuance of working conditions and practices not specifically provided herein, shall not be guaranteed by this Agreement. 20.2 Prior Agreements-This Agreement shall supersede all existing and prior Memoranda of Understanding, side letters, and agreements between the City and the Union. 20.3 Changes-No changes in this Agreement or interpretation thereof (except by decision of the Personnel Board and City Council in accordance with the applicable sections of this Agreement) will be recognized, unless agreed to by the appointing authority and the Union. Article 21. Employees Covered Provisions of this Agreement apply only to the full-time regular employees represented in Unit D, as identified in Appendix A. For the City: For the Union: Signed on this date: Article 24. Signatures Article 23. T erm of the Memorandum of Understanding This Agreement shall become effective only upon approval by the City Council and upon ratification by the members of this unit and remain in full force and effect to and including 12/31/08. Article 22. Severability Should any section, clause, or provision of this Agreement be declared illegal by final judgment of a court of competent jurisdiction, such invalidation of those sections, clauses, or provisions shall not nullify the remaining portions. Those remaining portions shall be in full force and effect for the duration of this Agreement. In the event of such invalidation, the parties agree to meet and confer concerning substitute provisions for those terms rendered and declared illegal. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 32 Page 33 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Appendix A Operating Engineers, Local 39 Classifications Those classifications in the International Union of Operating Engineers, Local 39 unit are the following: Apprentice Operator Plant Electrician I Plant Mechanic I Environmental Compliance Inspector Laboratory Chemist Lead Plant Mechanic Plant Mechanic II Plant Operator I Plant Operator II Plant Electrician II Senior Environmental Compliance Inspector Utility Worker B.1 Compensation Adjustments-Salary rates are set forth and effective the payperiod including 1/1 of each year. The specific increases include equity and are outlined based on the City's standard survey agencies and methodology to the 60th percentile or median, whichever is greater. Only those benchmarked classifications will be surveyed. B.2 Benchmarked Classifications-Below is a list of classifications within the Unit that are benchmarked. The benchmarked classifications will be used for salary and total compensation surveys, and adjustments for the benchmarked classification will also be received for the linked classification. Classifications may be added to this list, as appropriate, and as positions change, benchmarking or linkages may also change. Classifications Links Environmental Compliance Inspector... Senior Environmental Compliance Inspector, Laboratory Chemist Plant Electrician II ................................ Plant Electrician I Plant Mechanic II .................................. Lead Plant Mechanic, Plant Mechanic I, Utility Worker Plant Operator II ................................... Plant Operator I BA Apprentice Operator................................As determined by Union Policy See below Apprentice Operators shall be paid no less that the following percentage of the current journey (Plant Operator II) rate of pay. 1st 12-month period ....................... 65% 6th 6-month period ..............................85% 3rd 6-month period......................... 70% 7th 6-month period .............................. 90% 4th 6-month period ......................... 75% 8th 6-month period .............................. 95% 5th 6-month period ......................... 80% Thereafter, at the journey-level plant operator rate of pay. Appendix B Salary Adjustments City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 34 Page 35 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Appendix C Certification Premiums Those classifications listed below are the Plant classifications that are eligible for the following certification premiums, which shall be above the employee's actual hourly rate of pay. Classifications Apprentice Operator.............................. ............. Plant Mechanic I................................ ................. Plant Electrician I..... ................... ...... ................. Environmental Compliance Inspector ................ Instrumentation Technician................................ Laboratory Chemist................................ ............ Lead Plant Operator ........................................... Lead Plant Mechanic .......................................... Plant Mechanic II ............................................... Plant Operator I .......................... ...... .................. Plant Operator II ................................................. Plant Electrician II.......... ....... ............. ................ Senior Environmental Compliance Inspector..... Utility Worker............................. ..... .................. Grade II NA 4.00% 4.00% 4.00% NA NA NA NA 4.00% NA NA 4.00% NA NA Certification Premiums Grade III NA NA NA NA 4.00% 4.00% 5.00% 4.00% NA NA 5.00% NA 4.00% NA Grade IV NA NA NA NA NA NA 7.5% NA NA NA 7.50% NA NA NA Grade V NA NA NA NA NA NA 10.00% NA NA NA 7.5% NA NA NA Published by Human Resources Department City of South San Francisco Street Address: First Floor City Hall 400 Grand Avenue South San Francisco CA 94080 Mailing Address: P. O. Box 711 South San Francisco CA 94083 Web Site www.ssf.net 650/877-8522 Tel 650/829-6699 Job Line 650/829-6698 Fax 650/877-8523 Benefit Information 650/829-6693 Recruitment Information ~.~/. I - , -;. ',' --~ -- -, '. ,-'," . ..._, :0= rlI(~tmattlln CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA KAISER PERMANENTE SOUTH SAN FRANCISCO 10 YEAR ANNIVERSARY OF PARTNERSHIP WITH OPERATION ACCESS WHEREAS, Kaiser Permanente South San Francisco is celebrating the ten (10) year milestone of its partnership with the Operation Access Program; and WHEREAS, at an April I, 2008 meeting of the Joint Chiefs and Managers of the Kaiser Permanente South San Francisco Medical Center, participating physicians and stafJwill be recognizedfor their dedicated service to the community through participation in the Operation Access Program; and WHEREAS, the Operation Access Program serves uninsured individuals who do not have the means to pay for outpatient surgery; and WHEREAS, through partnership with Operation Access, Kaiser Permanente South San Francisco has provided low-income, uninsured people access to donated outpatient surgeries and specialty care that improves their health, ability to work and quality of life; and WHEREAS in 2007, well over I 00 patients were referred to Kaiser Hospital South San Francisco for participation in the Operation Access Program; and WHEREAS, the City of South San Francisco expresses its sincere appreciation to the Kaiser Permanente South San Francisco employees who work diligently to provide and improve the health service needs of Operation Access patients; NOW, THEREFORE, the City Council of the City of South San Francisco does hereby congratulate and commend Kaiser Permanente South San Francisco and its participating physicians and stafJ for their commitment to proftssional medical excellence through ten (10) years of dedicated and successful participation in the Operation Access Program. Pedro Gonzalez, Mayor Karyl Matsumoto, Mayor Pro Tem Mark N Addiego, Councilmember Richard A. Garbarino, Councilmember Kevin Mullin, Councilmember Dated: April I, 2008 AGENDA ITEM # 10 'ruclamattnn CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA RHONDA CECCATO WHEREAS, Rhonda Ceccato has served the San Francisco Bay Area's non-profit sector specializing in substance abuse treatment for over 25 years; and WHEREAS, Rhonda 's career contributions include service as a Program Manager for the Women's Alcoholism Center in San Francisco, and Executive Director for the San Francisco Chapter of the National Council on Alcoholism and Drug Dependence; and WHEREAS, in 1993, Rhonda began her tenure as Executive Director of Sitike Counseling Center located in South San Francisco, a community-based treatment center that provides a variety of recovery services for hundreds of men, women, and children each year; and WHEREAS, as Executive Director of Sitike Counseling Center, Rhonda inspires hope and healing by addressing the behavioral, chemical, emotional and spiritual needs of her clients; and WHEREAS, during her career, Rhonda played a key role in planning and designing Pomeroy House, the Bay Area's first residential treatment program for women with children, and has empowered individuals to overcome the stigma and disease of alcoholism through education and the promotion of treatment, intervention and prevention; and WHEREAS, to facilitate greater collaboration among community and government organizations, Rhonda co-founded the San Mateo County Alcohol and Drug Providers' Coalition in 1995 to provide a unified voice for its members and the community; and WHEREAS, in 2003, Rhonda was elected to the San Mateo County Board of Education where she serves on the Board's Strategic Planning Sub-committee as well as on its Court and Community Schools Sub-committee; and WHEREAS, Rhonda lends her expertise as an active participant in community organizations, including the Criminal Justice Council of San Mateo County, the National Association of Alcoholism and Drug Abuse Counselors and the Nurse Diversion Evaluation Board for the State of California Board of Registered Nursing; and Whereas, Rhonda is an active member of both the South San Francisco Chamber of Commerce Education Committee and the South San Francisco Unified School District's "Positive Attendance" Campaign; NOW, THEREFORE, the City Council of the City of South San Francisco does hereby express its gratitude and appreciation to Rhonda Ceccato for her personal and generous contribution of more than 25 years of service to residents of the San Francisco Bay Area and acknowledges that her dedication and expertise has immeasurably improved the lives of individuals in our community. Pedro Gonzalez, Mayor Karyl Matsumoto, Mayor Pro Tem Mark N Addiego, Councilmember Richard A. Garbarino, Councilmember Kevin Mullin, Councilmember Dated: April 1, 2008 .- ~'t\l. s:W 'm o ("l >-0 C;; l;:. C') v 0 C' -:-..~ 4.lIFO-p..~ Staff Re120rt AGENDA ITEM # 11 DATE: TO: FROM: SUBJECT: April 9, 2008 Honorable Mayor and City Council Steven T. Mattas, City Attorney CONSIDERATION OF AND POTENTIAL INTRODUCTION OF AN ORDINANCE AMENDING TITLE 2 OF THE SOUTH SAN FRANCISCO MUNIClP AL CODE REGARDING TERMS AND TERM LIMITS FOR MEMBERS OF THE CITY'S BOARDS AND COMMISSIONS RECOMMENDATION It is recommended that the City Council discuss potential amendments to the terms and/or term limits for Board and Commission members, and if desired by the City Council waive reading and introduce one of the two attached ordinances amending the terms and/or term limits for Board and Commission members. BACKGROUND/DISCUSSION At a meeting held on March 26, 2008, Councilmember Garbarino requested that the City Council consider an amendment to term limits established for City Board and Commission members. The City Council agreed to have the item placed on the City Council agenda. Staff Report Subject: Ordinance Amending Terms and Term Limits for City Boards and Commissions Date: April 9, 2008 Page 2 The following table identifies existing terms and term limits for each of the City's Boards and Commissions. Board / Commission Term Number of (Municipal Code Chapter) (in years) Permitted Consecutive Terms Library Board 3 4 (Municipal Code Chapter 2.52) -- Planning Commission 4 4 (Municipal Code Chapter 2.56) Historic Preservation Commission 4 4 (Municipal Code Chapter 2.58) Parks & Recreation Commission 4 4 (Municipal Code Chapter 2.60) -- Personnel Board 4 4 (Municipal Code Chapter 2.62) -- Parking Place Commission 3 4 (Municipal Code Chapter 2.64) Conference Center Authority 2/3* No Limit (Municipal Code Chapter 2.78) -- Cultural Arts Commission Indefinite N/A (Municipal Code Chapter 2.80) -- * City Council members on the Conference Center Authority serve two-year terms; other commissioners serve three-year terms. The City Manager, who serves as an ex-officio, non-voting member of the commission, serves a term coterminous with his or her employment with the City. -- Two ordinances are presented for the City Council's consideration. One ordinance would limit Board and Commission members to three consecutive four-year terms. The second ordinance would limit Board and Commission members to four consecutive three-year telIDS. Each ordinance amends the relevant provisions of Title 2 of the City's Municipal Code. Under the existing provisions of the Municipal Code, members of the Cultural Arts Commission are appointed for an indefinite term. Neither of the proposed ordinances would limit the term for which members of the Cultural Arts Commission are appointed, nor would the ordinance establish term limits for this Commission. If the City Council desires to create terms and impose term limits, staff will prepare a new ordinance for the City Council's consideration, to be presented at a future meeting. Currently, many of four-year terms Board and Commission terms are required to be staggered and to expire in even-numbered years. As three-year terms could not all expire in even-numbered terms, the ordinance establishing three-year terms authorizes appointment for less than a full term so that Board and Commission members' terms may still be staggered. r~ 8) Staff Report Subject: Ordinance Amending Terms and Term Limits for City Boards and Commissions Date: April 9, 2008 Page 3 As drafted, both ordinances clarify that only full terms served shall count as a "consecutive term," for the purposes of calculating term limits. Therefore, an appointment for less than a full term, or a mid-term appointment would not impact the number of consecutive terms that a Board or Commission member is permitted to serve under the Code under either ordinance. By:N 114:/ -~ Steven T. Mattas City Attorney --ApProve~ ~ ~~) B . Nagel City Manager ~t ORDINANCE NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE AMENDING TITLE 2 OF THE SOUTH SAN FRANCISCO MUNICIP AL CODE REGARDING TERMS AND TERM LIMITS FOR MEMBERS OF THE CITY'S BOARDS AND COMMISSIONS NOW THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION 1. PLANNING COMMISSION AMENDMENTS The City Council hereby amends South San Francisco Municipal Code Section 2.56.030, regarding term limits for the Planning Commission as follows (deleted text in strikethrough, added text in double underline): 2.56.030 Limitation of terms-Vacancies. Commissioners shall be limited to fetlf-three consecutive terms. Any full term served prior to the effective date of this section, f...ugust 23, 2002Mav 22. 2008, shall be counted for purposes of determining the number of consecutive terms served. SECTION 2. HISTORIC PRESERVATION COMMISSION AMENDMENTS The City Council hereby amends South San Francisco Municipal Code Section 2.58.050, regarding term limits for the Historic Preservation Commission as follows (deleted text in strikethrough, added text in double underline): 2.58.050 Limitation of terms-Vacancies. Commissioners shall be limited to fetlf-three consecutive terms. Any full term served prior to the effective date of this section, August 23, 2002Mav 22.2008, shall be counted for purposes of determining the number of consecutive terms served. SECTION 3. PARKS AND RECREATION COJ\1MISSION AMENDMENTS The City Council hereby amends South San Francisco Municipal Code Section 2.60.030, regarding term limits for the Parks and Recreation Commission as follows (deleted text in strikethrough, added text in dmilil~underline): 2.60.030 Limitation of terms-Vacancies. Ordinance: 4-year terms; maximum of 3 consecutive terms. w Commissioners shall be limited to fetlf-three consecutive terms. Any full term served prior to the effective date of this section, August 23, 2002Mav 2L2illl~, shall be counted for purposes of determining the number of consecutive terms served. SECTION 4. PERSONNEL BOARD AMENDMENTS The City Council hereby amends South San Francisco Municipal Code Section 2.62.030, regarding term limits for the Personnel Board as follows (deleted text in strikethrough, added text in double underliIle): 2.62.030 Limitation of terms-Vacancies. Board members shall be limited to fetlf-three_consecutive terms. Any full term served prior to the effective date of this section, August 23, 2002Mav 22. 2008, shall be counted for purposes of determining the number of consecutive terms served. SECTION 5. PARKING PLACE COMMISSION AMENDMENTS The City Council hereby amends South San Francisco Municipal Code Sections 2.64.020 and 2.64.030, regarding term limits for the Parking Place Commission as follows (deleted text in strikethrough, added text in double underline): 2.64.020 Terms. The term of each member of the commission shall be three-four years and until a successor is appointed and qualified. Terms shall be sta~!Q:ered and" shall exoire in even- numbered vears., except that commencing January 1, 1977, the first term shall bc onc ycar for commissioner No. I, two years for commissioner No.2, and three years for commissioner No.3, as described in this section, which description establishes the basc dates for future appointments. The commissioners first appointed on and after January 1, 1977, shall classify thcmselvcs by lot so that one member holds commission office N&--+, one member holds commission officc NO.2 and onc mcmber holds commission offl€€ No.3, and until such dctcrmination the commissioncrs presently scrving or appointed prior to January 1, 1977, shall continue in their respective offices unless a successor has been appointed and qualified. (a) Commissioner No.1. Onc year commcncing January 1, 1977, and ending December 31, 1977; (b) Commissioner No. :2. Two years, commencing January 1, 1977, and ending December 31, 1978; ( c) Commissioner NO.3. Three years, commencing January 1, 1977, and eoomg December 31, 1979. 2.64.030 Limitation of terms-Vacancies. Ordinance: 4-year terms; maximum of3 consecutive terms. ~ Commissioners shall be limited to fetlf-three consecutive terms. Any full term served prior to the effective date of this section, August 23, 2002Mav 22. 2008, shall be counted for purposes of determining the number of consecutive terms served. SECTION 6. CONFERENCE CENTER AUTHORITY AMENDMENTS The City Council hereby amends South San Francisco Municipal Code Section 2.78.040, regarding terms and term limits for the Conference Center Authority as follows (deleted text in strikcthrough, added text in double underline): 2.78.040 Term. The term of each member of the commission shall be as follows: (a) City councilmembers shall serve two-year terms. No council member shall continue to serve as a councilmember/commissioner after his/her term on the city council expIres. (b) All remaining commissioners shall serve threefuur-year staggered terms. Initial appointments may be made for less than a full term to assure that they are appropriately staggered. Commissioners who are not Citv Councilmembers shall be limited to three consecutive terms. AllY full term served orior to the effectiye date of this section. M~ 22. 2008. shall be counted for ourooses of determining: the number of consecutive terms served. ( c) The city manager's position on the commission shall be coterminous with his employment with the city. SECTION 7. 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 8. 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 from and after its adoption. Introduced and adopted at a regular meeting of the City Council of the City of South San Francisco, held the _ day of ,2008. Ordinance: 4-year terms; maximum of 3 consecutive terms. @ Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the _ day of ,2008 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 ,2008. Pedro Gonzalez, Mayor 1079194.2 Ordinance: 4-year terms; maximum of 3 consecutive terms. G) ORDINANCE NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE AMENDING TITLE 2 OF THE SOUTH SAN FRANCISCO MUNICIP AL CODE REGARDING TERMS AND TERM LIMITS FOR MEMBERS OF THE CITY'S BOARDS AND COMMISSIONS NOW THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION 1. PUBLIC LIBRARY BOARD AMENDMENTS The City Council hereby amends South San Francisco Municipal Code Section 2.52.040, regarding term limits for the Public Library Board of Trustees as follows (deleted text in strikethrough, added text in double underline): 2.52.040 Board of trustees-Term limitation and vacancies. Trustees shall be limited to four consecutive terms. Any full term served prior to the effective date of this section, August 23, 2002Mav 22.2008, shall be counted for purposes of determining the number of consecutive terms served. SECTION 2. PLANNING COMMISSION AMENDMENTS The City Council hereby amends South San Francisco Municipal Code Sections 2.56.020, and 2.56.030, regarding terms and term limits for the Planning Commission as follows (deleted text in strikethrough, added text in double underline): 2.56.020 Terms. The term of each member of the commission shall be fem three years and until a successor is appointed and qualified. Terms shall be staggered and shall expire in even numbered years. 2.56.030 Limitation of terms-Vacancies. Commissioners shall be limited to four consecutive terms. Any full term served prior to the effective date of this section, August 23, 2002Mav 22.2008, shall be counted for purposes of determining the number of consecutive terms served. SECTION 3. HISTORIC PRESERVATION COMMISSION AMENDMENTS Ordinance: 3-year terms; maximum of 4 consecutive terms. @) The City Council hereby amends South San Francisco Municipal Code Sections 2.58.040, and 2.58.050, regarding terms and term limits for the Historic Preservation Commission as follows (deleted text in strikethrough, added text in double underlin!D: 2.58.040 Terms. The term of each member ofthe commission shall be fem three years and until a successor is appointed and qualified. Terms shall be staggered and shall expire in e',Ten numbered years. 2.58.050 Limitation of terms-Vacancies. Commissioners shall be limited to four consecutive terms. Any full term served prior to the effective date ofthis section, ~\ugust 23, 2002Mav 22. 2008, shall be counted for purposes of determining the number of consecutive terms served. SECTION 4. PARKS AND RECREATION COMMISSION AMENDMENTS The City Council hereby amends South San Francisco Municipal Code Sections 2.60.020, and 2.60.030, regarding terms and term limits for the Parks and Recreation Commission as follows (deleted text in strikethrough, added text in double underline): 2.60.020 Terms. The term of each member of the commission shall be fem three years. Terms shall be staggered and shall expire in even numbered years. 2.60.030 Limitation of terms-Vacancies. Commissioners shall be limited to four consecutive terms. Any full term served prior to the effective date ofthis section, ~A..Ugust 23, 2002Mav 22. 2008, shall be counted for purposes of determining the number of consecutive terms served. SECTION 5. PERSONNEL BOARD AMENDMENTS The City Council hereby amends South San Francisco Municipal Code Sections 2.62.020, and 2.62.030, regarding terms and term limits for the Personnel Board as follows (deleted text in striket:lH-ough, added text in double underline): 2.62.020 Terms. The term of each member of the board shall be femthree years and until a successor has been appointed and qualified. Terms shall be staggered and shall expire in even numbered years. 2.62.030 Limitation of terms-Vacancies. Ordinance: 3-year terms; maximum of 4 consecutive terms. m\l \ -/ ' ~/ Board members shall be limited to four consecutive terms. Any full term served prior to the effective date ofthis section, }..ugust 23, 2002Mav 22. 2008, shall be counted for purposes of determining the number of consecutive terms served. SECTION 6. PARKING PLACE COMMISSION AMENDMENTS The City Council hereby amends South San Francisco Municipal Code Section 2.64.030, regarding term limits for the Parking Place Commission as follows (deleted text in strikethrough, added text in double underline): 2.64.030 Limitation of terms-Vacancies. Commissioners shall be limited to four consecutive terms. Any full term served prior to the effective date ofthis section, }...ugust 23, 2002Mav 22.2008, shall be counted for purposes of determining the number of consecutive terms served. SECTION 7. CONFERENCE CENTER AUTHORITY AMENDMENTS The City Council hereby amends South San Francisco Municipal Code Section 2.78.040, regarding terms and term limits for the Conference Center Authority as follows (deleted text in strikethrough, added text in double underline): 2.78.040 Term. The term of each member of the commission shall be as follows: (a) City councilmembers shall serve two-year terms. No councilmember shall continue to serve as a councilmember/commissioner after his/her term on the city council expIres. (b) All remaining commissioners shall serve three-year staggered terms. Initial appointments may be made for less than a full term to assure that they are appropriately staggered. Commissioners who are not City Councilmembers shall be limited to four consecutive terms. Anv full term served urior to the effective date of this section. Mav 22. 2008. shall be counted for UUfDoses of determining: the number of consecutive terms served. ( c) The city manager's position on the commission shall be coterminous with his employment with the city. SECTION 8. SEVERABILITY In the event any section or portion ofthis 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 9. PUBLICATION AND EFFECTIVE DATE Ordinance: 3-year terms; maximum of 4 consecutive terms. @ 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 oftbis Ordinance. Within fifteen (15) days after the adoption ofthis 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 from and after its adoption. Introduced and adopted at a regular meeting of the City Council of the City of South San Francisco, held the day of , 2008. Adopted as an Ordinance of the City of South San Francisco at a regular meeting ofthe City Council held the day of , 2008 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 , 2008. Pedro Gonzalez, Mayor 1079194.1 Ordinance: 3-year terms; maximum of 4 consecutive tenns. .,--" CD) Sl't 11 S,{N ~g (0 0 t I I s:: ';:) g C4llFO"~\~ Staff Report AGENDA ITEM # 12 DATE: TO: FROM: SUBJECT: April 9, 2008 Honorable Mayor and City Council Marty Van Duyn, Assistant City Manager MOTION TO ADOPT A RESOLUTION CONSENTING TO THE APPROVAL BY THE CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY OF A LEASE WITH RESPECT TO 80 CHESTNUT AVENUE BY AND BETWEEN THE AGENCY AND THE SOUTH SAN FRANCISCO HISTORICAL SOCIETY. RECOMMENDA TION Staff recommends that the City Council adopt a Resolution consenting to the approval by the City of South San Francisco Redevelopment Agency of a lease with respect to 80 Chestnut Avenue by and between the Agency and The South San Francisco Historical Society, as required by California Health and Safety Code Section 33433. BACKGROUNDIDISCUSSION In December 2007, the Redevelopment Agency entered into a Purchase and Sale Agreement with California Water Service Company (Cal- Water) for the purchase of 80 Chestnut Avenue (Property). The property is approximately 30,000 square feet with one single-story office and warehouse building (totaling 3,640 square feet), landscaping, and a surface parking lot. The property was carved out from a 6.86-acre parcel owned by Cal-Water. Following the purchase of the site, the City undertook an investigation to detennine the condition of the building and site and the extent oftenant improvements that would be needed to conveli the building for public use. Summary of the Lease Agreement The Lease Agreement is a five (5) year agreement with an automatic annual renewal for up to twenty (20) additional years. The South San Francisco Historical Society will pay an annual rent of One Dollar ($1.00) to the Agency to lease the Property as a museum. The Agency and the Historical Society will negotiate the specific dates and times of operation in a separate document that will be attached to the Lease Agreement. The Historical Society will be responsible for all taxes, utilities, operation costs, and maintenance on the Property, except for telephone service. Prior to conveyance of the property under the Agreement, the Agency will construct improvements to the building to comply with certain code requirements. The site improvements include interior renovations, ADA compliance, and parking lot repairs. The Agency is not providing any direct financing or funding to the Historic Society for development of the project. S tafl Report To: Honorable Mayor and City Council Subject: 80 Chestnut Lease Date: April 9, 2008 Page 2 The terms ofthe Lease Agreement, cost of the proposed lease on the Agency, elimination of blight, conformance with the F ive- Year Implementation Plan, and cost of the improvements are included in the attached 33433 Smmnary Report, which was prepared in accordance with the Community Redevelopment Law. CONCLUSION The proposed lease is consistent with all the relevant planning related documents including the South San Francisco General Plan and the Redevelopment Plan. In its adoption ofthe ordinance approving the Redevelopment Plan, the City Council previously determined the property is a portion of a blighted area, and underutilized, as further set forth in the Implementation Plan as previously adopted and amended by the Redevelopment Agency. The lease would assist in the alleviation or removal of blighted conditions and would further the goals of the Implementation Plan by conveying the property for the project pursuant to the terms of the lease. Therefore, staff recommends that the City Council adopt the Resolution consenting to the approval by the City of South San Francisco Redevelopment Agency of a lease with respect to 80 Chestnut Avenue. B~~ Marty Van Duyn Assistant City Manager -, l.i Approved: . . \~ ---Barry M. Na City Manager Attachments: City Council Resolution No. _ MVD:ml RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO CONSENTING TO THE APPROVAL BY THE REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO OF A LEASE WITH RESPECT TO 80 CHESTNUT AVENUE BY AND BETWEEN THE AGENCY AND THE SOUTH SAN FRANCISCO HISTORICAL SOCIETY WHEREAS, the Redevelopment Agency of the City of South San Francisco (the "Agency") is a redevelopment agency formed, existing and exercising its powers pursuant to the provisions of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. (the "Community Redevelopment Law"); and WHEREAS, the Agency is charged with implementing the Redevelopment Plan (the "Redevelopment Plan") as adopted for the EI Camino Corridor Redevelopment Area (the "Project Area") within the City of South San Francisco (the "City"); and WHEREAS, the Agency has adopted an implementation plan setting forth programs and activities to improve or alleviate blighting conditions within the Project Area (the "Implementation Plan"); and WHEREAS, the Agency is authorized to convey land under Sections 33431 and 33433 of the Health and Safety Code upon the consent of the City Council of the City of South San Francisco ("City Council") and in furtherance of the implementation of the Redevelopment Plan; and WHEREAS, the Agency owns that certain real property located at 80 Chestnut Street, known as a portion of San Mateo County Assessor's Parcel Number 011-324-160 and which consists of approximately 30,000 square feet of land together with improvements consisting of a building, landscaping and paved surfaces, located within the Project Area (the "Property"); and WHEREAS, the Agency desires to enter into that certain Lease (the "Lease") between the Agency and the South San Francisco Historical Society (the "Lessee") with respect to the Property setting forth the terms and conditions under which the Agency shall lease the Property to the Lessee and Lessee shall develop the Property as a historical museum (the "Project") pursuant to the Lease; and WHEREAS, the Lease furthers the goals of the Agency set forth in the Implementation Plan as it will avoid blighting conditions by ensuring that the Property is not vacant, is maintained to a high standard, and the Project to be located thereon will provide a service to the community; and WHEREAS, under the Lease, the Lessee shall ground lease the Property from the Agency for a term of up to twenty-five (25) years as more particularly described in the summary report made in accordance with Section 33433 of the Community Redevelopment Law (the "33433 Summary Report"); and WHEREAS, pursuant to Section 33433 of the Community Redevelopment Law the Agency is authorized, with the approval of the City Council after a duly noticed public hearing, to convey the Property pursuant to the Redevelopment Plan upon a determination by the City Council that the conveyance of the Property will assist in the elimination of blight, that the consideration for the Property is not less than the fair market value or fair reuse value of the Property in accordance with the covenants and conditions governing the lease of the Property and improvement costs required thereof, and that the lease of the Property under the terms and conditions set forth in the Lease is consistent with the Implementation Plan; and WHEREAS, a public hearing of the City Council on the proposed Lease, held on April 9, 2008, was duly noticed in accordance with the requirements of Health and Safety Code Sections 33431 and 33433; and WHEREAS, the proposed Lease and the 33433 Summary Report were available for public inspection prior to the joint public hearing consistent with the requirements of Health and Safety Code Section 33433; and WHEREAS, at the public hearing on the proposed Lease the City Council reviewed and evaluated all of the information, testimony, and evidence presented, including the 33433 Summary Report, pertaining to the findings required pursuant to Health and Safety Code Section 33433; and WHEREAS, the City Council has previously determined, in its adoption of the ordinance approving the Redevelopment Plan, that the Property is a portion of a blighted area, and is underutilized, as further set forth in the Implementation Plan; and WHEREAS, the Lease would assist in the alleviation or removal of blighting conditions and would further the goals of the Implementation Plan by conveying the Property for development of the Project pursuant to the terms of the Lease; and WHEREAS, the City Council has duly considered all of the terms and conditions of the proposed Lease and believes that the redevelopment of the Property pursuant to the Lease is in the best interests of the City and the health, safety, and welfare of its residents, and is in accord with the public purposes and provisions of applicable state and local laws and requirements; and WHEREAS, all actions required by all applicable law with respect to the proposed Lease have been taken in an appropriate and timely manner. NOW, THEREFORE, THE CITY COUNCIL OF SOUTH SAN FRANCISCO DOES RESOLVE AS FOLLOWS: Section 1. The City Council finds and determines that, based upon substantial evidence provided in the record before it, the consideration for the Agency's disposition of the Property pursuant to the terms and conditions of the Lease is not less than the fair reuse value taking into account the use and with the covenants and conditions and development costs authorized by the Lease. Section 2. The City Council hereby finds and determines that the disposition of the Property by the Agency pursuant to the Lease will eliminate blight within the Project Area. Section 3. The City Council hereby finds and determines that the Lease is consistent with the provisions and goals of the Implementation Plan. 2 Section 4. Agency. The City Council consents to the approval and execution of the Lease by the Section 5. The Executive Director of the Agency (or his designee) is hereby authorized to make revisions to the Lease, with approval of legal counsel, which do not materially or substantially increase the Agency's obligations thereunder, to sign all documents, to make all approvals and take all actions necessary or appropriate to carry out and implement this Resolution and to administer the Agency's obligations, responsibilities and duties to be performed under the Lease and related documents. 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 9th day of April, 2008 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk 1065055.2 3 Staff Report AGENDA ITEM # 13 DATE: April 9, 2008 TO: Honorable Mayor and City Council FROM: Marty Van Duyn, Assistant City Manager SUBJECT: ADOPTION OF RESOLUTION APPROVING THE 2008-2012 FIVE YEAR CONSOLIDATED PLAN FOR HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT AND THE FISCAL YEAR 2008-2009 ONE YEAR ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM RECOMMENDATION: It is recommended that City Council adopt the attached Resolution authorizing submittal of the City's Five Year (2008 - 2012) Consolidated Plan for Housing, Community and Economic Development (Consolidated Plan) and the One Year Action Plan and Statement of Objectives and Projected Use of Funds for Fiscal Year 2008-2009 (Action Plan) to the Department of Housing and Urban Development (HUD); authorizing a budget transfer to incorporate the CDBG and HOME funds into the 2008-09 operating budget; and authorizing the City Manager to execute all documents and certifications necessary to secure and award CDBG, HOME and Redevelopment funds for the City. BACKGROUND/DISCUSSION: This is the final public hearing regarding funding allocations for the 2008-09 Community Development Block Grant Program. The purpose is to obtain public comments on the City's Five Year (2008- 2012) Consolidated Plan and One Year (2008-2009) Action Plan. The Consolidated Plan and Action Plan have been available for public comments since March 10, 2008 and notice of the Plans availability was published in the San Mateo Times on that date. F ederallegislation requires citizen participation in all phases of the development of a locality's CDBG Program. Accordingly, two public hearings were scheduled, the first, held on January 9, 2008, was to obtain citizens' views of housing, community and economic needs and the second, and final hearing set for April9, 2008, was planned to adopt the City's One Year Action Plan and Five Year Consolidated Plan. The 2008-2009 One Year Action Plan includes the CDBG, HOME and Redevelopment Agency grant allocations to nonprofit agencies and city-sponsored programs. This public hearing was announced in the San Mateo Times on March 29,2008 as Staff Report Subject: Community Development Block Grant Program Page No 2 required by federal legislation. cnnc FUNDING REQUESTS: The City of South San Francisco City Council reviewed the funding requests and heard commentary from non-profits at the March 12,2008 City Council meeting. This meeting was the last opportunity for local aid agencies to appeal for changes in funding. A document entitled "Exhibit A" or the 'Community Development Block Grant Summary of Funding Requests and Funding Recommendations' has been attached to this report listing the funding recommendations made by the City Council CDBG Subcommittee. Redevelopment and HOME Funds The activities of the Redevelopment Agency and the HOME Funds complement the CDBG program by providing additional fiscal resourees to help meet the established goals and priorities of the City of South San Francisco. Some of the programs supported with these funds include the support oflocal homeless shelters, programs and fair housing activities. FIVE YEAR CONSOLIDATED PLAN PROCESS: The U.S. Department of Housing and Urban Development requires local jurisdictions to prepare a Five Year Consolidated Housing, Community and Economic Development Plan, and a One Year Action Plan, in order to receive funds through the Community Development Block Grant and HOME Investment partnership. The City of South San Francisco is a participating jurisdiction in the San Mateo County HOME Consortium and as such submits its federal application as part of that Consortium. However, the City prepares its O\vn Five Year Consolidated Plan and One Year Action Plans. The Consolidated Plan is prepared only once for a peliod of five years, in this case for fiscal years 2008 - 2012, which outlines general funding guidelines based on current trends, conditions and identified community needs determined by the City to be a priority. Each year of the Five Year Consolidated Plan, the City is also required to prepare a One Year Action Plan identifying specific goals and objectives for the year and identifying all projects which are allocated CDBG, HOME and Redevelopment Agency funding for that fiscal year. Federal Department of Housing and Community Development Programs have three basic goals: 1. To assist extremely low, very low and low income persons by providing decent and affordable housing. 2. To provide these persons with a suitable living environment; and 3. To expand their economic opportunities. The City's Consolidated Plan furthers these goals by assessing housing and community development needs and resources as well as by describing priOlity actions, projects and programs to be initiated and/or completed during each fiscal year ofthe Consolidated Five Year Plan. The adopted goals have proven to be sufficiently broad as to provide room to accommodate any new activities which the City has sponsored with CDBG funding. It is proposed that the goals Staff Report Subject: Community Development Block Grant Program Page No 3 and priorities previously established remain in place for the term ofthe next Consolidated Plan dated 2008-2012. Further, these goals have been previously reviewed with the Redevelopment Agency's Implementation Plan and the City's Housing Element in mind to ensure consistency between the documents and between City-sponsored housing and community development programs. They are as follows: Housing Priorities Three main priorities exist in the housing category, not in order of importance, which include the following goals and specific types of programs: 1. Increase, maintain and improve the supply of affordable housing for low and moderate income individuals and families. This priority is met with the City's new housing construction and development, housing acquisition and rehabilitation programs for low income home owners, and first time home buyer opportunities currently being implemented. 2. Provide service enriched shelter and transitional housing for homeless individuals and families. This priority is met with fmancial support provided by the City and Redevelopment Agency to existing shelters and transitional housing programs. 3. Provide service enriched housing opportunities for individuals and families with special needs including, but not limited to, seniors, those with physical and mental disabilities, victims of domestic violence, people V\rith AIDS/HIV, and people under treatment for substance abuse. This priOlity is met with City sponsored social service programs, housing accessibility modifications, and special assistance to protected classes including battered women and children, youth and senior programs, and substance abuse treatment activities funded by the CDBG program. Non-Housin2 Priorities Three main priorities exist in the non-housing category, not in order of importance, which include the following goals and specific types of programs: 1. Pro\ride core public service activities to improve quality of life for low income individuals and families, including those at risk of becoming homeless and special needs groups. This priority is met with the myriad social service programs funded on a yearly basis with CDBG program funds, including child care, emergency food, counseling programs, adult day care, and general social services. 2. Sustain and increase the level of business and economic activity in the areas that serve or have a high percentage of low income residents. This priority is met with the City's historic downtown facade improvement program and the Agency's seismic retrofit program. 3. Preserve and improve public facilities that serve a high percentage of low income residents. This Pll0rity is met with the City's funding improvements to public facilities and through its accessibility modifications program which improves access to City buildings and Staff Report Subject: Community Development Bloek Grant Program Page No 4 parks and recreational facilities citywide. As indicated, it is recommended that the existing priorities be kept in place for the term of the next Consolidated Plan as they have served the City and residents well in prior years and it is believed they will continue to provide the basis for future funding in a comprehensive manner to meet the overall objectives of the Community Development Block Grant Program. CONCLUSION: City Council, at its discretion, may adopt or revise the CDBG Subcommittee's preliminary funding recommendations. This meeting is also the final opportunity for City Council to take action and authorize submission of the One Year Action Plan, the Five Year Consolidated Plan and the Application for Federal Assistance. The City is a member of the San Mateo County ConsOliium for the purpose of secUl1ng federal grant funding. As such, the City submits its Consolidated Plan and Annual Plan as a component of the County's Consolidated Plan by May 1,2008 to San Mateo County. The County ConsortiUln's Consolidated Plan must be submitted to HUD by May 15, 2008. Furthermore, it is recommended that the CDBG Subcommittee's preliminary funding recommendations be approved and that existing P110rities for the Consolidated Five Year plan be kept in place as they have served the community in a comprehensive manner. All funds allocated by City Council on April 9, 2008 will be incorporated into the CDBG budget for fiscal year 2008-2009. BY~~ Marty VanDuyn, Assistant City Manager Attachments: Resolution "Exhibit A" SubcOlmnittee Funding Recommendations Five Year Consolidated Plan and One Year Action Plan MVD:NF: JEA RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING SUBMITTAL OF THE CITY'S FIVE- YEAR CONSOLIDATED PLAN AND ONE-YEAR ACTION PLAN AND STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS FOR THE 2008-2009 FISCAL YEAR AND ALL REQUIRED DOCUMENTS TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING A BUDGET TRANSFER INCORPORATING COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") AND HOME FUNDS INTO THE 2008-2009 OPERATING BUDGET; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO SECURE AND A WARD CDBG, HOME ADMINISTRA TIVE AND REDEVELOPMENT FUNDS FOR THE CITY. WHEREAS, staff recommends submittal, as presented to the City Council at its April 9, 2008 meeting, of the City's Five-Year Consolidated Housing, Economic and Community Development Plan; the One-Year Action Plan and Statement of Objectives and Projected Use of Funds for the Community Development Block Grant ("CDBG") Program for Fiscal Year 2008-2009; and all other required documents to the Department of Housing and Urban Development ("HUD"), including those necessary to secure and award HOME Administrative and Redevelopment program funding from HUD; and WHEREAS, it is recommended that the City Council authorize a budget transfer to incorporate the CDBG and HOME funds into the 2008-09 operating budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes submittal of the City's Five-Year Consolidated Plan and the One-Year Action Plan and Statement of Objectives and Projected Use of Funds to the Department of Housing and Urban Development. BE IT FURTHER RESOLVED that the City Council authorizes a budget transfer to incorporate the CDBG and HOME funds into the 2008-2009 operating budget. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute all documents necessary to secure and award CDBG and HOME Administrative and Redevelopment funds for the City. * * * * * * 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 City Council meeting held on the 9th day of April, 2008 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Clerk 1076616.1 "Exhibit A" Subcommittee Funding Recommendations P.l "Exhibit A" Subcommittee Funding Recommendations Community Development Block Grant Activity City-Sponsored Child Care City-Sponsored Adult Day Care Second Harvest Food Bank Neighborhood Services Ctr. (NPNSC) Social Services Project READ - West Orange Library CORA (Ctr. for Domestic Violence Prevention) Shelter Rape Trauma Services Center PARCA John's Closet Youth Service Bureau (former Family Alternatives) The Tooth Mobile CID Housing Accessibility Rebuilding Together Peninsula City-Sponsored Housing Programs City-Sponsored Commercial Rehabilitation Neighborhood Services Ctr. (NPNSC) House Helpers First Time Home Buyer Loans Program Administration Total CDBG Budget HOME Program Program Activity Project Sentinel - Fair Housing Program Redevelopment Agency Funding Activity HIP Housing Shelter Network - Crossroads Shelter Network - Maple Street Samaritan House - Safe Harbor Sitike Counseling Center Total RDA Nonprofit Funding P.3 Funds $10,000 $18,249 $5,000 $24,000 $5,000 $5,000 $6,250 $5,000 $5,000 $6,200 $10,000 $15,000 $8,500 $272,114 $175,000 $40,500 $121,000 $132,953 $864,766 Funds $8,000 Funds $10,000 $18,000 $7,500 $7,000 $10,300 $52,800 2008-2009 One Year Action Plan P.5 '1;:('\ '1:.,\ -r-.: N r 0/:" ~ !P ~..' "bSJ.:~ ~ ~ *. Gl , . First Program Year Action Plan t::t =~ "* . .,t.- -::~} if (.~,i'~ .' r:::Fi~." ...."tbl II e:\1 \..\- The CPMP First Annual Action Plan includes the SF 424 and Narrative Responses to Action Plan questions that COBG, HOME, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. The Executive Summary narratives are optional. Narrative Responses Executive Summary The Executive Summary is required. Include the objectives and outcomes identified in the plan and an evaluation of past performance. Program Year 1 Action Plan Executive Summary: The 2008-2009 One Year Action Plan describes how the City of South San Francisco will address the Cit/s housing and non-housing community development needs during the 2008-2009 fiscal year. This year, the City of South SanFrancisco adopted a Five Year Consolidated Plan for housing and non-housing community development activities for 2008-2012. The Consolidated Plan identified the community's needs in housing, neighborhood improvements, social services, and economic development. It also sets priorities for addressing those needs and describes how the City will Lise Community Development Block Grant (COBG), HOME, and local redevelopmenUunds to address those needs. This document, the One Year Action Plan, is consistent with the priorities established in the 2008-201,2 Five Year Consolidated Plan. TheOne Year Action Plan is organized by activity type and includes the following sections: financial resources, housing and non-housing community development activities (including addressing needs of homeless and special needs populations and public housing needs), anti-poverty strategy, lead-based paint abatement, fair housing, coordination of public services, removal or affordable housing barriers, monitoring standards and procedures, and citizen participation. Much of the Plan" however, focuses on describing the housing and non-housing community development activities the City will carry out in 2008-2009. Housing Activities The City continues to endeavor to increase and improve the supply of affordable housing through new construction and the acquisition and rehabilitation of existing housing. The City also funds a variety of programs that provide housing for special needs groups including homeless persons, domestic violence survivors, seniors, and persons with disabilities. ~~~~~~,~~~~II'~~ot'"..Ifi!lf~~ First pmgram Year Action Plan 1 P.7 Version 2.0 ~"=I'ia&~__&II::~~_~~~~~.~~~~"''''C7.'Y~~~ Version 2.0 2 P.8 First Program '(ear Action Plan The San Mateo County Consortium has determined that creating new affordable rental units is a high priority in San Mateo County. The Association or Bay Area Governments (ABAG) estimates that new market-generated housing construction will The City of South San Francisco Public Housing authority does not have the authority to give out Section 8 vouchers or other housing certificates. All requests ror those options are sent to the San Mateo County Housing office. A. Priority: Increase, maintain and improve the supply of affordable housing for very-low, low, and moderate income individuals and families. Elderly and disabled residents require special programs and services that will allow them to remain in their homes in a safe qnd accessible environment. The City funds the Center for Independence of the Disabled, which provides modifications to eliminate architectural barriers in their homes and funds the House Helpers program which assists seniors and disabled persons with minor home repairs. Additionally, the City may undertake accessibility modifications for nonprofit agency public facilities and buildings, parks and streets as funding becomes available through program income. For potential homeowners the City will continue itsfirsttime homebuyer program for low and moderate-income residents and require the future availability of below- market-rate units for sale in new ownership developments of four units or more through the City's Inclusionary Housing Ordinance. Some BMR units wili be affordable for sale to people at or below 120% of the Area Median Income (AMI) and some for people below 80% AMI. The City is has also worked with Habitat for Humanity to develop four three-"bedroom ownership units thatwill be affordable to families below 50% of the AMI on city-owned land. For moderate and low-income renters, the City will require the future availability of below market rate rental units in new rental developments of four units or more through the City's Inclusionary Housing Ordinance. The ..BMR rental units will be . affordable to people at 50% - 120% of theAML ' The City addresses the housing needs of residents with special needsthrough a variety of programs. For homeless people, the City implements a continuum ofcare approach to help families and individuals break the cycle of homelessness. By.. providing support services, transitional housingl and permanent housing,City-funded non-profit agencies are able to help residents find permanent housing and avoid episodes or homelessness. The CityJunds an array of non-profit agencies that provide housing and services to families at-risk of becoming homeless. Addressing the special needs of chronically homeless individuals is important to South San' Francisco. Active participation in the County of San Mateo's HOPE (Housing our People Effectively) Initiative is one way the City is working to combat the problem. The City alsofunds Communities Ove~coming Relationship Abuse (CORA)fwhich"runs an emergency shelter for domestic violence survivors with supportive services. . As one way of maintaining existing affordable housing units, the City has several housing rehabilitation programs available for low-income homeowners. The City offers low-interest loans and grant vouchers to low-income homeowners for housing repairs. The City also funds a minor home repair program to perform free minor home repairs for very low-income homeowners. The City will also fund major repairs ofthree South San Francisco homes of low income homeowners through the Rebuilding Together Peninsula program. jurisdiction .,;;;;;_---~-__~"">='.....,~===~."'..,..~ ~=T - ~..--ma'ml:l; A "'..--........,."...~~,..~.!i!_ /---- Jurisdiction ~~..!..~~.-..r.==-~"W~uus.~~~~-=~,,",~ ~__ l""::'l:'~~~~~-= not be affordable to very-low, low-, and moderate-income households. To help meet the demand for new affordable housing, public .and nonprofit agencies have needed to increase their efforts to developand maintain affordable housing. The high cost of developing housing and the subsidies required to make new units affordable to low and moderate-income families makes the construction of new affordable. units difficult. Furthermore, there isa limited amount of land suitable for affordable housing development in South San Francisco. These and other factors outlined in the San Mateo County and the South San Francisco Consolidated Plan provide the bask rationale for South San Francisco including housing rehabilitation as a priority. . . SOluthSan~randsco Housing Activities InclusionaryHousing Development~Below MarketRate (BMR) Units Private Funds. The City's 20% Inclusionary Housing Ordinance requires developers of residential market-rate projects of 4 units or more to provide new affordable units as part of their development. Some of theseunitswill be affordable forresidents at orbelow 80% of AMI and .some will be affordableforfesidents at or below 120% of AMI. Units will be available for either rental or ownershipidepending on. the typeof project . underdevelopment. Inclusionary BMR units do not receive localsubsidies. However, first-time homebuyers are eligible for low-interest deferred loans from the City to purchase the BMR ownership units. Predicted outcome: Affordability and increased availability for the purpose of creating new decent affordable housing. $121,000 CDBG$1,000,OOO "RDA The City of South San Franciscohascreateda first-time homebuyer loan program. The City's FirstTimeHomebuyer program provides low-interest "silent second loans" . in whichthe City defers payments for five years. The First Time Homebuyer program' gives priority for loans to City employees. Loans range between $25,000 and . $100,000 depending on needandincomeeligibility. First-time homebuyers can use the City loans to purchase homes anywhere in the City or newly constructed BMR units created underthe City's inclusionary housing ordinance. In 2008-2009, the program will offer 1-3 firsttime homebuyer seminarsand individual counseling for prospective buyers and plans to make a 5-25 first-timehomebuyer loans, depending on buyers need and interest. This program assists borrowers below 80% oUhe AI'''lI. Predicted outcome: Affordability for the purpose of creating new decent affordable housing. 3. Acquisition and Rehabilitation The City will work with private rental property owners and non-profit organizations to identify suitable rental properties that can be acquired and/or rehabilitated to provide housing for low and very-low income renters. The types of rental properties targeted will consist of 4 to12-unit structures and/or residential hotels. The primary funding sources for rental properties will be HOME, CDBG, and RDA funds. All projects under the Acquisition and Rehabilitation Program have a predicted outcome of: Sustainability for the purpose of creating decent affordable housing. ~~""I~""'iE!!~~~"--=.o>'.......~_Zi~"""""""''''''J"I''lIlI_~_'=W.,~~~~~~ First Program Year Action Plan 3 P.9 Version 2.0 Version 2.0 4 P.lO First Program Year Action Plan ~~~~~~.~~lD~{~~liFm~~ There are two different types of Vouchers available: i. Voucher Proqram (Sub-program of CitySponsored Rehabilitation Program) The City administers a housing rehabilitation voucher program that makes grants available to low-income homeowners citywide. The Voucher program is a grant subprogram of the Housing Rehabilitation Loan Program and is not funded separately. Vouchers are used in limited situations and for limited amounts of money when the usual loan process is prohibitively expensive or too time consuming to dear up an emergency situation. The City will expend approximately $5,000 from the Housing Rehabilitation Loan Program to assist 5-10 low-income residents through this program. .. .. . , .' -. -- Citv-Sponsored Housino Rehabilitation Loan Prooram $272,130 CBDG The Housing Rehabilitation Loan Program assists low and moderate-income homeowners with housing repairs. The program has various sub-components and is administered by the City's Housing and Community Development Division. It is available in the Downtown/Old Town area and citywide. It is expected that 3-5 low- and moderate-income households will be assisted with low-interest and/or deferred loans. The maximum loan amount is$35,OOO. All projects underthe Owner-Occupied Rehabilitation Program have a predicted outcome of: Sustainability for the: purpose of creating decent affordable housing. Funds are used for loans, administration of the Rehabilitation Program, or are programmed as needed as housing opportunities arise, including those under the City's Downtown Affordable Housing Acquisition and Rehabilitation Program. The City also funds the Voucher Programs and the House Helpers Program through this allocation of CDBG funds to the City-Sponsored Housing Rehabilitation Loan Program: Willow Gardens $2.000,000 RDA The City has partnered with Mid-Peninsula Housing Coalition and has plans to acquire and rehabilitate approximately 12four-plex buildings (48 units total) in the Willow Gardens neighborhood. The units will be permanently affordable rental units, available to households earning 50-60% of AMI. The. buildings will be owned and managed by Mid~Peninsula. To date, Mid-Peninsula, in partnership with the City, has acquired 9 buildings (36 units) to date and plans to continue to acquire them as they become available. The Willow Gardens neighborhood is located in the EI Camino Corridor Redevelopment Project Area.. The acquisition and rehabilitation of these units was funded with HOMEand Redevelopment AgencyFunds. Downtown Affordable HousinqAcauisition $L500,000(RDA,CDBGand/or HOME) and RehabilitationProoram The Downtown Affordable Housing Program is designed to provide affordable rental housing for low and very-low income residents through the acquisition and rehabilitation of dilapidated housing stock inor near the downtown. Of special interest are unoccupied Single Room Occupancy hotels and 4-6 unit apartment buildings. CDBG funds are only utilized for rehabilitation projects with RDA and HOME fU,nds used for acquisition. ~a:~=_ _~~~ ~='!!._~ ~::-L.I:'~~ Jurisdiction Jurisdiction z'i;-~~~-~~"""""'="~-':':'::::~~~---~llJ!&?~~~~~------rn:v'".~.;a .. Emergency Code Violation Vouchers provide homeowners a grant of up to $2,500 to clear up code violations in their homes; Over the last couple of years, the City has de-emphasized this program. However, it has proven an effective tool when no other resources are available. Potentially, the program will assist 1-3 low-income residents in 2007-2008 using approximateIY$5,000. .. Debris Box Vouchers help low and moderate-income residents in the Downtown/Old Town area and citywide remove accumulated debris and yard waste from their properties to assist in resolving code violations. This program will assist 5- 10 residents with a maximum of $5,000 in 2008-2009. ii. Minor Home Repair (House Helpers) (Sub-program bfCity Sponsored Housing Rehabilitation Program) ..'.' . The Minor Home Repair Program provides home repairs for very-low income. homeowners free of charge. Services include roof and gutter repairs, water heater replacement, and installation of security devices, smoke alarms and carbon . monoxide detectors. The program is administered by North Peninsula Neighborhood Services Center whose staff speaks English, Spanish and Tagalog. The majority of households assistedwill be large families with small children and elderly female heads~of-household. NPNSC expects to assist 30-40 very-low income homeowners in the Downtown/Old Town area and citywide depending on rehabilitation needs. The City funds the program with $40,000 in CDBG, funds set aside from the Housing Rehabilitation Loan Program. Funds are further leveraged by NPNSC's low cost repair services. Depending on program demand and fund availability, up to $20,000 in . , additional, mid-year funds may be allocated to House Helpers. ... RebuildinaToqether Peninsula $8,500 CDBG Rebuilding Together Peninsula plans to rehabilitate 3-10 homes and replace 1 roof for low~income South San Francisco homeowners. Rebuilding Together Peninsula will accomplish all of the rehabilitationworkonone day in April and will use completely volunteer crews that include skilled labor. By utilizing volunteer labor, Rebuilding Together Peninsula greatlyleverages the CDBGfunds they receive. The City will allocate $8{500 of CDBG funds to the program in 2008-2009 to be used exclusively for building materials. Predicted outcome: Sustainability for the purpose of creating decent affordable housing. I NorHiousing Community Development Activities To help create a vibrant community, the City of South San Francisco uses the Community Development Block Grant (CDBG) programto fund a variety Qf non- housing community development activities. These include public services to low income residents and programs to improve commercial areas, public and community buildings, and low income neighborhood amenities such as parks and community centers. Using CDBG, the City funds non-profit agencies that provide essential community services to low-income residents. Funded services include: childcare, senior services, general social services, battered women's services, disabled services, and youth services. The City also uses CDBG funds for economic development in the Downtown area. The Commercial Fac;ade Improvement Program provides financial and technical assistance to property owners undertaking structural and fa<;ade improvements to ~~~'~~~ ...----;;:~~.w~ Firc:t Drr'lnr';:=J!0 ....l{:j.::<~ !'.:.rrtr\\'"'I DI:;::,n ... P.II \/nr";......r-' J n Version 2.0 6 P.12 First Program Year Action Plan :~li_...__.'-ll:LW!U~~~""""~"'~T1i.._=a"-=--""""''-','~~ ~.-i:' Decent Housing New Housing Construction The City of South San Francisco's 2008 Action Plan outlines the City's strategies for achieving the goals outlined in the Five Year Consolidated Plan. Each activity highlighted in the Action Plan is consistent with the three primary Objectives of the CDBG program. The following is a summary of how the City will achieve these Objectives. Outcomes and Objectives Finally, the City will continue to monitor its public policies to identify areas where it can make improvements. The City will continue to maintain and encourage affordable housing development by applying density bonuses, allowing owners to construct second units in permissible areas, expediting reviews of affordable housing projects and giving disabled residents greater flexibility making. accessibility modifications to their homes. To coordinatethe delivery of services to residents; the City works closely with non- profitsocial service providers, other cities, the School District, the County;. and the Chamber of Commerce. Efforts include housing rehabilitation and development, lead paint abatement, downtown beautification, code enforcement, and services for low income residents. Additionally the City actively participates in the San Mateo County HOME Consortium and the County's Continuum of Care Collaborative. The City continues to work to overcome housing discrimination by contracting with Project Sentinel to assist residents with housing discrimination complaints. This agency provides counseling and advocacy in issues of fair housing and housing habitability. Project Sentinel has completed an updated Analysis of Impediments (AI) for the San Mateo County HOME Consortium. A Fair Housing Plan based on the AI is included in this year's Annual Plan. The City works with other jurisdictions in San Mateo County to address lead-based paint hazards. Some of these collaborative lead-based paint abatement activities include: maintaining a list of certified contractors and maintenance workers, and outreach concerning lead-based painthazards. The City has a multifaceted approach to reducing the number of families living in poverty. First, the City participates in the construction and rehabilitation of housing that restricts rents to levels affordable to low-income residents. This helps reduce the number of families living in poverty by decreasing one of their largest expenses, rent, toa reasonable level. Second, commercial renovations help increase the number of pedestrian visits to the downtown. This in turn creates more spending and more job opportunities for low-income residents. Third, the City funds several nonprofit agencies whose services help low-income residents with childcare,literacy and other services. And finally the City contributes CBDG and Redevelopment Agency funding to homeless shelters that include supportive services that help homeless people transition into employment and housing. Other Activities their buildings. These improvements help owners increase the use of their commercial buildings, and improve the appearance of the downtown. m=::.-~==_ =1 jurisdiction Jurisdiction ~~~~~~.ll~~~"".:Q.~~-lI~-=~-':=~~ First-time Homebuyer Loan Program Acquisition and Rehabilitation Housing Rehabilitation Rental Housing Habitability Grants supporting homeless shelters Suitable Livinq Environment Public Service Grants to nonprofit service providers ADA Modifications Public Facility Renovations Economic Opportunity . City-Sponsored Commercial Rehabilitation The activities outlined above will increase the affordability, availability, accessibility and sustainability of each of the highlighted Objectives. tevahJaJtion of Past Performance The City of South San Francisco is committed to achieving the goals outlined in there Five Year Consolidated Plan and Annual Action Plans. During thefirstthree years of the Consolidated Plan period, the Cityhas met or exceeded the majority of the goals outlined in the Plan. . In 2007-2008, the City of South San Francisco's housing programs continuedto emphasize new development and acquisition and rehabilitation of existing units. The City has started several projects that are progressing according to schedule. Both the Habitat for Humanity and BRIDGE projects were completed in 2008 and 2007 respectively~ Work in the Willow Gardens neighborhood continues to revitalize an extremely low-income area, while at the same timeretaining affordability. Mid- Peninsula Housing Coalition now owns a total of 9 buildings in the neighborhood. One of the areas of greatest success for the city is in meeting its inclusionary housing development of BMR units. Private development, including 184 Bf\1R units have either been completed, are under construction or have been negotiated todate. The owner-occupied housing rehabilitation program, comprised of low-interest loans, code enforcement vouchers and the House Helpers program, continues to perform well, albeit with a slant towards smaller home repairs. The City's emphasis on larger- scale rehabilitation projects and new affordable housing development continues to shift limited staff resources away from moderate-size housing rehabilitation. As a result the City relies heavily on the House Helpers program to help single-family homeowners, in addition to leveraging the work of Rebuilding Together Peninsula. These partnerships with local non-profits enabled the City to serve a greater number of homeowners with fewer resources. The housing rehabilitation loan has also been active helping homeowners address pressing repair concerns including roof replacements. Although few homeowners utilized the code enforcement vouchers in 07-08, the City the continued to make them available to address emergency needs. ~~~;!.l:I!1':=3ill:R=Y::m!E'iW1c;F"..:"'~-=~~~~""~~~~~~~~7ABl'~ff~ First Progranl '(ear /\ctjon Plan 7 P.13 Version 2.0 Version 2.0 8 P.14 First Program Year Action Plan ~~.fJ'O";!;-~=-"'"-~___~~"'~"""f"'-M~~_~.m:w~~~~~ The Downtown Target Area is where Community Development Block Grant funds are concentrated for rental and single-family rehabilitation. This section of the city has the largest portion of low-income residents, the highest number of children under the age of 18, a higher portion of homes with lead paint and a large population of With 8.5 percent of the county's population, South San Francisco is San Mateo County's fourth-largest city. Future opportunities for growth other than redevelopment are limited to remaining unincorporated islands. Jurisdh::tion anaBasis foil' AUocations Program Year 1 Action Plan General Question 4. Identify the federal, state, and local resources expected to be made available to address the needs identified in the plan. Federal resources should include Section 8 funds made available to the jurisdiction, Low-Income Housing Tax Credits, and competitive McKinney-Vento Homeless Assistance Act funds expected to be available to address priority needs and specific objectives identified in the strategic plan. 3. Describe actions that will take place during the next year to address obstacles to meeting underserved needs. 2. Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) (91.215(a)(1)) during the next year and the rationale for assigning the priorities. 1. Describe the geographic areas of the jurisdiction (including areas of low income families and/or racial/minority concentration) in which assistance will be directed during the next year. Where appropriate, the jurisdiction should estimate the percentage of funds the jurisdiction plans to dedicate to target areas. General Questions The City continues to have substantial success with its first-time homebuyer program. These loans provide approximately $50,000 to $100,000 per household to bring the cost of housing to levels affordable to low andmoderatec-income families. The City of South San Francisco's CDBG program is performing well and accomplishing its mission. Leveraging CDBG funds with other City resources, private investment, and the contributions of non-profit agencies, the City has been able to make positive changes in the lives of low-income residents, improve the quality of life in the historic old town and increase economic opportunities for small businesses. Collaborating with nonprofit agencies to meet the needs of low-income residents continues to be a priority for the City. Partnerships with nonprofit agencies have allowed the City to leverage limited funds and better coordinate housing and social services for low-income residents, homeless people, and people with special needs. The agencies continue to provide large numbers of residents with a variety of essential services including assistance with rental security deposits, counseling for battered women and the provision of food, clothing and shelter. ~~~~~."".,~~~~~=~~~~ Jurisdiction Jurisdiction ~!I&.~p~~;=-'_.-"---:-~-:--- ~Jt~s~~ I residents with limited English skills. The majority of the downtown residents are Hispanic. Adions to Assist this Population As mentioned in the Executive Summary, the city has the following goals for providing housing and services to the community: Decent Housing New Housing Construction First-time Homebuyer Loan Program Acquisition and Rehabilitation Housing Rehabilitation Rental Housing Habitability Grants supporting homeless shelters Suitable Living Environment Public Service Grants to nonprofit service providers ADA Modifications Public Facility Renovations - . . . . The Housing and Community DevelopmentDivision has several staff members fluent in Spanish who are available to help residents find information concerning available resources. In addition, the HCD officeprints out materials about programs when possible. The Community Learning Center is a key ally in terms of disseminating information to the low income community about the programs and services being offered. ..... . AvaHable Resources Funding to carry out the activities described in the QneYear Action Plan comesJrom several sources including the federally funded CDBGand HOME programs. The City will also use local Redevelopment Agency publicfundsandother private resources to . carry out the Plan's activities.' . The federal government provides CDBG funds to entitlement cities directly through block grant programs. Cities can utilize these funds. to revitalize low income neighborhoods, expand affordable housing, create economic opportunities for low income people, and improve community facilities. During the 2008-2009 fiscal year the City of South San Francisco will receive a CDBG entitlement of$594,732. Additionally, the City expects to receive $70,000 in program income from CDBG rehabilitation loan repayments and use $200,000 in carryover funds from prior years' program income and cancelled projects. The total amount of CDBG funds available to allocate in FY 2008-09 will be $99,715. The federal government provides HOME funds to cities and counties to improve and increase the supply of affordable housing for low-income people. To access HOME funds, the City of South San Francisco is part of the San Mateo County HOME Consortium. The HOME program requires jurisdictions using HOME funds to leverage these funds with local resources. The City will use Redevelopment Agency funds to meet the HOME match requirement on a project-by-project basis. For 2008-2009, the County will provide South San Francisco with $16,175 in HOME administration funds, which the City Council has designated to be used for fair housing activities. ~~G.:l~~imf~~~~..A~Q1.~~~~~~ First Program Year Action Plan 9 P.lS Version 2.0 Version 2.0 lOP. 1 6 First Program Year Action Plan ~#._~oe 1ililI~"'-~"'~~~~1'~~~~- The City of South San Francisco is a participating jurisdiction in the San Mateo County HOME consortium. South San Francisco consulted with San Mateo County in identifying community needs. The City also consulted with the following governmental and social service organizations in identifying community needs: Child Care Coordinating Council, Center for Independence for the Disabled, Shelter Network, Second Harvest Food Bank, Sitike Counseling Center, City of South San Francisco Adult Day Care Program, HIP Housing, North Peninsula Family Alternatives, Organizations Consulted to Develop the ConsolidatedPhm The City of South San Francisco's Housingand Community Development Division (HCD) is the lead public agency responsible for developing and implementing the City's Consolidated Plan. HCD administers the City's Community Development Block Grant (CDBG) and Redevelopment Agency's tax increment funds. HCD is responsible for many of the activities and programs identified in the Consolidated Plan including the City's housing rehabilitation program, voucher program, first time homebuyer program, new housing development programs, funding of nonprofit agencies, commercial development programs, and for some improvements of the City's public facilities and infrastructure; !Lead Agency Program Year 1 Action Plan Managing the Process response: 3. Describe actions that will take place during the next year to enhance coordination between public and private housing, health, and social service agencies. 2. Identify the significant aspects of the process by which the plan was developed, and the agencies, groups, organizations, and others who participated in the process. 1. Identify the lead agency, entity, and agencies responsible for administering programs covered by the consolidated plan. Managing the Process Non-profit agencies and private investors will participate in many of the activities described in the One Year Action plan. In many cases their participation will leverage both federal and local public funds used to carry out these activities. Private leveraging is discussedfurther in this plan where applicable. Non-federal public resources available to the City primarily come from the City's Redevelopment Agency (RDA). RDA funds are generated through incremental property taxes in the City's redevelopment areas. The City must use 20% of the tax increment on housing activi~ies that benefit persons at or below 120% of the AMI. For 2008-2009, RDA funds have also been allocated to meet housing and community development needs. More funds may be allocated towards new affordable housing development and/or acquisition and rehabilitation for affordable housing purposes as opportunities arise. ""..:: =-::;;,;.-.~ _.,~~ ~ ~r=. ~~=-=:~ -~ Jurisdiction Jurisdiction ~~-=----"~~~~-~~~~~~~ North Peninsula Neighborhood Services Center, La Raza Centro Legal, John's Closet, ELLIPSE, Parca, Ombudsman Program of San Mateo County and Project Read. HCD staff also participated in a workshop held by the City/County Association of Governments on housing needs in San Mateo County. Further detail on the Cityts process of developing the plan and for citizen participation can be found in the Citizen Participation Plan. Organizations Consulted to Deliver Services The City will work closely with non-profit social service providers, other cities, the School District, the County, and the Chamber of Commerce to coordinate the delivery of services to residents. The City will also assist neighborhood groups with space for events and materials to help them conduct community activities. Agency Coordination in FY 2008-2009 In 2008-2009, the City will work to strengthen its relationships with organizations serving the public. Specific efforts will include: . . 1. Continue working with the County of San Mateo and other CDBG jurisdictions to implement HUDts Lead Safe Housing Regulation 2. Participate in theSan Mateo County HOME Program Consortium 3. Fund non-profit agencies serving low-income residents 4. Continue to promote the First-Time Home Buyer Program that willcreate opportunities for first-time homebuyers through a partnership with First Home Inc. 5. Work with businesses and the Chamber of Commerce on downtown beautification and other projects to improve the downtown 6. Workwith nonprofit agencies and private developers to build affordable housing 7 . Work with the Housing Endowment and Regional Trust (HEART) of San Mateo to increase the amount of affordable housing Citizen Participation 1. Provide a summary of the citizen participation process. 2. Provide a summary of citizen comments or views on the plan. 3. Provide a summary of efforts made to broaden public participation in the development of the consolidated plan, including outreach to minorities and non- English speaking persons, as well as persons with disabilities. 4. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted. *Please note that Citizen Comments and Responses may be included as additional files within the CPMP Tool. Program Year 1 Action Plan Citizen Participation response: ~~~~~~~~~~~A"ii"~--.'-...._...-.....",_........-n;~ ~ First Pi"Ogram Year Action Plan H P.17 J..L Version 2.0 Version 2.0 12 P. 18 First Program Year Action Plan ~~~~''-'''''-''~~iI'B'I;t'~~'~'''~3:W.:lll!iifl!!''~rn:!!!i!i''''K'r;.~ The proposed 2008-2009 One Year Action Plan was made available for public comment from March 10 to April 9, 2008. Copies were made available at the Economic and Community Development Office at City Hall as well as South San Availabilit)LQLa ProPQsedAnnual Action Plan B. The "Proposed" Annual A.ction Plan GO Shelter Network - Family Crossroads: there isa growing need for food and shelter resources in the community I> .Second Harvest: The senior brown bag program is in need of additional funds to help promote independent living among seniors. e Rebuilding Together: Many of the families that this organization serves make only $12,000 a year or less. Their organization is in the process of establishing an energy efficiency program. s HIP Housing: Noted the increasing difficultyoffinding affordable housing and making rent/mortgage payments and asked for additional.funds for housing in South San Francisco and the county. &> Response: Each of these organizations received some funding to help carry out their services in South San Francisco. There were no comments that were . . not accepted. Here are some comments taken from this hearing: On January 9,2009the Cityhelda public hearing with the Mayorand City Council to receive public comments on tl!e City's housing and comrflunity development needs. Many community agencies that applied forCDBGfunding came to the hearing and spoke on behalf of their proposals. " . , .". A public notice for the hearing was printed as a legal notice in the San Mateo County Times 12 days before the hearing on December 29,' 2007. Notice of the hearing was e-mailed to all community agencies on the Housing and Community Development mailing list. ' A request for proposals forCDBGfunding was sent to all community agencieson the Housing and Community Development mailing list on December 28, 2007. A public notice of the RFP availability was published in the San Mateo County Times on December 29, 2008. The RFP w~s also posted on the City's website. Public HearJng on Community Needs The City of South San Francisco has an established citizen participation plan, which is part of the 2008-2012 Consolidated Plan.. In accordance.with the Citizen Participation Plan, the City held public hearings and allowed for public comment periods to help' determine the community's needsand review the 2008-2009 One Year Action Plan. In addition, the City is part of the San Mateo County HOME Consortium and as such participates in the extensive needs assessment and public hearing process conducted by the County of San Mateo.' .. A. IdentifyingNeeds Request for Proposals for CDBG Funding ii'=P.- _ .--- ~-----~~ ~'>IMOIiIQ,*".=;:~~~~~ Jurisdiction Jurisdiction ~a..~~-,!:~~~~~~~~ I F~ancisco libraries. A notice of the Plan Availability was PUblishe.d in the San Mateo I Times on March 8, 2008. '. ...... .. . Institutional Structure 1. Describe actions that will take place during the next year to develop institutional structu reo Program Year 1 Action Plan Institutional Structure response: The following jurisdictions, organizations, and groups are part of the institutional structure through which the City of South San Francisco's Five year Consolidated Plan objectives will be implemented: Housing and Community Deveiopment Division, City of South San Francisco As described earlier, the City of South San Francisco's Housing and Community Development Division (HCD) is responsible for many of the. activities and programs identified inthe Consolidated Plan. The City will be actively involved conducting. housing rehabilitation! making loans to first time homebuyers! developing new. housing! funding nonprofit agencies! creating opportunities for commercial. development, .and improving the City's publicfacilities andinfrastructure. County of San Mateo Because of the City's eligibility to receive funds directly from the federal government! the County plays a smaller role in South San Francisco than it does in other cities on the Peninsula. The County, however,does contribute to housing and community development needs of the City through programs such as its first timehomebuyer program and through the financing of nonprofit agencies: One very critical role the County plays in South San Francisco is providing serVices for homeless persons and persons with special needs. The City of South San Francisco participates in the County Continuum of Care Collaborative to address the needs of homeless people in South San Francisco. SaUl Mateo County Eiousing Authority The San Mateo County Public Housing Authority is responsible for implementing the federally funded Section 8 Program throughout the County of San Mateo. ,D;. portion of the Housing Authority's rent assistance vouchers and certificates are allocated to the City of South San Francisco. South San Francisco Public Housing Authority The South San Francisco Public Housing Authority (PHA) operates as a separate entity and submits a Consolidated Plan to HUD separately from the City of South San Francisco. The South San Francisco PHA manages 80 units of affordable public housing. More information about the South San Francisco PHA can be found in their 2008 Agency Plan. Nonprofit Organizations ~--eif~;;ciS""-~i:;Y~1~,;,.~~..a.'1im.~.=Ell'D'~"i~~~~~~~~.m:f~W~~~~ First Program Year ll':tioil Pian ~ ~ P. 1 9 ~ .J Version 2.0 Version 2.0 14P.20 First Program Year Action Plan ~~7F~~~~Jl.~~~~~~=:r.~f~~~~~~~=::'~~1::!I The nonprofit agencies working in the City of South San Francisco can be described as experts in their field. They are adept fund raisers, project managers, and know the diverse needs of their clients and the most efficient ways of delivering services to them. They are also very experienced in working with each other and with other public and private organizations. Many of these agencies have experience in developing new housing. Shelter Network has opened several homeless facilities throughout the County. The nonprofit agencies are only limited by the lack of funding available to serve all of the residents that seek their assistance. Perhaps the greatest shortcoming of the City's housing delivery system is the limitation is the restrictive nature of the uses offederal funds. Several agencies had to face funding cuts at a time when the housing crisis andjob losses are plaguing the community and increasing the need for services. '. Private sector organizations involvedinproviding housing and services include realtors,lenders, architects, developers and contractors. These groups rarely take a lead role.in providing affordable housing or services,but are critical in the provision of housing and services. Lenders for example work with the City to provide loans for first time homebuyers in the City's program, and contractors work with HCD to provided quality home repairs though tQe City's housing rehabilitation programs. As a leader in the provision of housing and services, the City of South San Francisco is well suited to continue implementing and expanding thehousing programs identified in this report. The City's housing programs have the support of the City Council aswellas' the staff experience necessary to carry out housing and community development plans. Expertise in ongoing programs such as housing rehabilitation and working with community nonprofit agencies will result in the continuing success for these programs. City staff also has experience developing housing including: negotiating purchases, coordinating with developers, securing short and long term financing, managing projects and managing the entitlement process. North Peninsula Neighborhood Services, Inc. (NPNSC) conducts a minor home repair program in South San Francisco. Shelter Network operates several shelters providing emergency and transitional for South San Francisco residents. For years Human Investment Project (HIP) has operated a home sharing referral program, which matches persons looking for housing with persons who have extra living space. The agency also helps seniors obtain reverse mortgages and manages several shared housing units. HIP is also a Community Housing Development Organization (CHDO) and as such is eligible for receiving HOME funds designated for CHDO's. Second Harvest, The Tooth Mobile, Shelter Network and many other nonprofit organizations also provide valuable services to residents in South San Francisco. A complete listing and description of service providers is included each in year in the City's One~Year Action Plan. Private Sedor- Nonprofit organizations in South San Francisco play an important role providing affordable housing and services for South San Francisco residents. South San Francisco partially funds and monitors these agencies through its Community Development Block Grant program. The programs theses agencies provide are as varied as the clients they serve and range from housing rehabilitation to counseling. f5Sij",..._.............,;_...~~l'l.c:J:'NUl:\lItClllC'~..-..~.l!...'T~~~~:!f~~-..~~~ Jurisdiction Jurisdiction e-~~.f.iSr~'U2r~~ifS.~~~~__~'~~:I'~~ ,~-;:;;;,~ The private sector's role in the delivery of affordable housing is .limitedin certain situations. Lenders are adept at funding projects and contractors are skilled at developing and rehabilitating housing. Their shortcoming is that they are often unfamiliar with the needs of lower income persons, orwith the limitations of those trying to provide services to them. Overcoming the experience gaps within each group will require coordination and cooperation with other agencies or groups who have the necessary experience. South San Francisco is located in an urban setting that has a multitude of agencies and organizations with an abundance of resources. It is common for many organizations to contact one another to learn how to approach "difficult issues. Often times, public and private agencies work together to combine their experienceto bring a project to fruition. . There are few housing and service deliverygapsin South San Francisco that cannot be overcome by working with other organizations. The one crucial gapthat is beyond everyone's capability to overcome is the lack 'of financial resources availableto . address all of the needs of low income persons. Monitoring 1. Describe actions that will take place during the next year to monitor its housing and community development projects and ensure long-term compliance with program requirements and comprehensive planning requirements. Program Year 1 Action Plan Monitoring response: The City has established procedures that ensure City programs comply with federal program requirements and City policies. For agencies that receive CDBG, HOME and RDA funding, theCityrequirc3 the agencies to provide quarterly reports of accomplishments and financial records.Allnew grantees receive site visits' from City staff. These monitoring activities keep the City informed about the progress agencies " are making towards meeting their objectives. The City also conducts site visits and requires the agencies to submit an annual audit. With respect to applicable construction projects, the City asks developers to submitproof of compliance with Davis-Bacon with each invoice they submitto the City. . The City Council also reviews annual reports to ensure that the City is applying its resource"s to meet community goals. These reports include the CAPER (Consolidated Annual Performance & Evaluation Report) for federal programs, the annual report for the Redevelopment Agency and the annual city audit. lLead=based Paint 1. Describe the actions that will take place during the next year to evaluate and reduce the number of housing units containing lead-based paint hazards in order to increase the inventory of lead-safe housing available to extremely low-income, low-income, and moderate-income families, and how the plan for the reduction of lead-based hazards is related to the extent of lead poisoning and hazards. ~:e.L~~~~~~ftil.~~__~~~\.~~ !"""'";..........J. rl_...........____ \I'r.-.... fl. ,...1-:_._ r\i__ ~ ,_ P. 2 1 \ 1_ ._.-: ...,..- "'1 1'" Version 2.0 16 P. 2 2 First Program Year Action Plan ~/;&:ar --:i::...~~-~~~~~~~--;g.""~iiI~~~!S!!!i".J!!~~ 1 Consumer Product Safety Commission, "What You Should Know About Lead Based Paint in Your Home: Safety Alert" CPSC Document #5054 Further, the City will continue to work with other cities in San Mateo County and the County of San Mateo to make training classes available to city staff and contractors. Besides sharing information on training classes, the cities and County will to maintain a list of certified contractors and maintenance/rehab workers that can perform work for all the jurisdictions. The City will also encourage its regular contractors and their First, The City of South San Francisco addresses lead paint hazards in all of it housing and commercial buildings. This helps prevents lead poisoning among tenants and residents... . Actions to Reduce Lead Based Paint The U.S. Department of Housing and Urban Development (HUD) promulgated new regulations on September 15, 1999 establishing requirements for notification, evaluation and reduction of lead-based paint hazards in federally owned residential property and housing receiving federal assistance. The purpose of these regulations is to protect children under the age of six by eliminating or minimizing lead-based paint hazards in housing. The regulation significantly increases the quantity of testing and home maintenance, repair, or rehabilitation work that must be performed in a lead- safe manner. They also require lead hazard controls based on programs, which vary depending on the nature of the activity, amount of assistance, and duration ofthe relationship with the recipient of federaLfunding. .. . The San Mateo County Childhood Lead Poisoning Prevention Program has identified the City as a high-risk area. This designation is based on the City being in the upper 50th percentile for proportion of families living in poverty as well as the City's proportion of population under the age of six and proportion of housing stock built before 1950. Because of this situation, South San Francisco has been a leader in the lead. abatement movement and was one of the first citiesin the.county to work on managing the process of lead abatement in houses aod commercial builings. The City of South San Francisco is aware of lead paint hazards in its Community because of the ageofthe existing housing stock, particularly in the historic downtown district. The City has become a model of howto manage the lead removal process in the county. According to the ConsumerProduct Safety Commission, about two-thirds of the homes built before 1940 and one-half of the homes built from 1940 to 1960 contain heavily leaded paint. Some homes built after 1960also contain heavily leaded paint. It may be on any interior or exterior surface, particularly on woodwork, doors, and windows. In 1978, the U.S. Consumer Product Safety Commission lowered the legal maximum lead content in most kinds qfpaint toO.06% (a trace amount).l' . HUD's new Lead Safe Housing Regulation took effect on September 15, 2000. The County orSan Mateo andthe.citiesofSouth San Francisco, San Mateo, Daly City, and Redwood City worked together to submit a Lead Based Paint Transition Plan to HUD and to implement the regulations by August 2001. South San Francisco has met this deadline and is in compliance with the regulations. At this time, it is assumed that roughly 5,000 homes in South San Francisco have lead based paint. Program Year 1 Action Plan Lead-based Paint response: ~~ ~~~~IICI~=:1~~~_ ~~~ ~~~ Jurisdiction Jurisdiction ~~m..ii.V"1'."f:' _'!lr....:LllI!iI6l~ ~1:' ~_.~'!I!P.!l!M~..~~~~ workers to become certified abatement workers/supervisors. Bid packages will include information about lead-based paint hazards and training available to contractors. Outreach efforts will also include letters, media publications and other direct outreach to the City/s contractors and other potential contractors. Last, the City of South San Francisco conducts educational effortsto make residents more aware of the risk of lead paint and also collaborates with the code enforcement department. The City of South San Francisco will also continue to work with the County of San Mateo and other cities on the Peninsula concerning training. Specific Housing Objectives *Please also refer to the Housing Needs Table in the Needs.xls workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve during the next year. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 1 Action Plan Specific Objectives response: HOlllsing Objectives and Resources The City continues to endeavor to increase and improve the supply of affordable housing through new construction and the acquisition and rehabilitation of existing housing. The City also funds a variety of programs that provide housing for special needs groups including homeless persons, domestic violence survivors, seniors, anc! persons with disabilities. .. . . The City addresses the housing needs of residents with special needs through a variety of programs. For homeless people, the City implements a continuum of care approach to help families and individuals break the cycle of homelessness. By providing support services, transitional housing, and permanent housing, City-funded non-profit agencies are able to help residents find permanent housing and avoid episodes of homelessness. The City funds an array of non-profit agencies that provide housing and services to families at-risk of becoming homeless. Addressing the special needs of chronically homeless individuals is important to South San Francisco. Active participation in the County of San Mateo'sHOPE (Housing our People Effectively) Initiative is one way the City is working to combat the problem. The City also funds Communities Overcoming Relationship Abuse (CORA), which runs an emergency shelter for domestic violence survivors with supportive services. Elderly and disabled residents require special programs and services that will allow them to remain in their homes in a safe and accessible environment. The City funds the Center for Independence of the Disabled, which provides modifications to eliminate architectural barriers in their homes and funds the House Helpers program which assists seniors and disabled persons with minor home repairs. ~~'5~,>>1ll~-- l~~~"'Db.~~~~~w-' ~~ First Program Yeaf i\ction Piar 17 P. 2 3 Version 2.0 Version 2.0 18 P.24 First Program Year Action Plan ~_ - ~-"""'ol\~Ii.:;,m,'!I"-~~-~'~ -~""-~-r~ ~~~......~o=~~~ The City of South San Francisco helps to address the needs of public housing by managing 80 housing units which serve indigent families. The Public Housing Authority does not have the power to issue certificates or Section 8 vouchers. Instead, the PHA focuses solely on maintaining the 80 units of housing currently under its jurisdiction. In order to serve the community and reach as many residents as possibler applicants on the waiting list are assigned a selection criterion and given Program Year 1 Action Plan Public Housing Strategy response: 2. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorlYr the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation during the next year. 1. Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake during the next year to encourage public housing residents to become more involved in management and participate in homeownership. Needs of Public: Housing For'very-lowincome renters, theCitisAffordable:Housing Acquisition and Rehabilitation Program works with private rental property owners and non-profit. organizations to identify suitable rental propertiesthaf can 'be acquired and/or , rehabilitated to provide housing for very-low income renters. One project currently underwayis Willow Gardens, a 12-building acquisition and rehabilitation project consisting of 48 housing units. Nine four-plex buildings have been acquired to date. The City's Affordable Housing Acquisition and Rehabilitation Program also seeks to acquirer rehabilitate and rent housing units at affordable rents to extremely low-and low-income residents. For moderate and low-income renters, the City will require the future availability of below market rate rental units in new rental developments of four units or more throu'gh the City's Inclusionary HousingOrdinance.TheBMR rental units will be affordabl~ to people?lt 50% - 120% of the AML As one way of maintaining existing affordable housing unitsr the City has several housing rehabilitation programs which are available for low-income homeowners, The City offers low-interest loans and grant vouchers to low-incomehomeowners.for . housing repairs. The City also funds a minor home repair program to perform free minor home repairs for very low-income homeowners. The City will also fund major repairs of three South San Francisco homes of low income homeowners through the Rebuilding Together Peninsula program. .. . For potential homeownersr the City will continue its firsttime homebuyer program for low and moderate:"income residents and require the future availability of below- market-rate units for sale in new ownership developments of four units or more through:the City's Inclusionary Housing Ordinance. Some BMR units will be . affordable for sale to people at or below 120% of the Area Median Income (AMI) and some for people below 80% AMI. . ;;;'~-~-~Q1 ,------ ~- .--.' .......... Jurisdiction Jurisdiction ~~~---- ';;=:::O';DII.---"'~~~.~'~~_.~",_=.'\'JIW;'~'\'!:\.7'4.~'SfT.W:l\!l----~~ the following points, when applicable: Involuntarily displaced 5 points; Substandard housing 5 points; Rent burden 10 points; Residency 30 points; Working family 20 points; Elderly/Disabled 5 points; Veterans 5 points; Victim of Domestic Violence 10 points. By creating a system that assigns priority based on needs and . . circumstances, the housing authority creates a fair system to place those in need of housing. A heavy focus is placed on maintaining the units and making them safe for children arid families. Last year, four of the units were made handicap assessable to better serve the needs of the disabled population. The housing units generally help those in the, very low- i ncomecatego ry. The City of South San Francisco Economic and Community Development office provides many opportunities for citizens to seek out opportunities for housing and other resources. Few of the residents would be able to consider purchasing a home in their current financial state. By working with a variety of non-profit agencies, the office hasthe ability to serve a large capacityof residents and help improve their economic situation. Barriers to Affordable Housing 1. Describe the actions that will take place during the next year to remove barriers to affordable housing. Program Year 1 Action Plan Barriers to Affordable Housing response: In an effort to foster and maintain the supply of affordable housing and to remove barriers to affordable housing development, the City of South San Francisco will continue to monitor its public policiesto identify areas where the City can make improvements. The City will continue to maintain and .encourage affordable housing developmentby:. . . .. <} Implementing adopted density bonus ordinance eEnforce the City's Inclusionary Housing Ordinance requiring that 20% of all new housing units in residential developments of 4 or more units in the City be affordable to moderate income families II Expediting reviews of affordable housing projects and provide technical assistance to developers o Apply amended zoning ordinance to give disabled residents greater flexibility making accessibility modifications to their homes HOMEI Amerh::an Dream Down payment Initiative (ADD1) 1. Describe other forms of investment not described in 9 92.205(b). 2. If the participating jurisdiction (PJ) will use HOME or ADDI funds for homebuyers, it must state the guidelines for resale or recapture, as required in 9 92.254 of the HOME rule. tI~ok~~~~~~15W'~m First Program Year Action Plan 19P.25 Version 2.0 Version 2.0 20 P. 2 6 First Program Year Action Plan ~~~ ~~~G!t:"J_~~~ 2 This information was taken from the Project Sentinel website: http://www.housing.org/about_us.htm The City of South San Francisco did not receive any ADDI funds but did receive $16,175 in HOME funds. The HOME funding will be used to support a local non-profit called Project Sentinel. Its primary functionisto assist individuals with housing problems such as discrimination, repairs, deposits, privacy, dispute resolution, and mortgage foreclosure. In addition to fair housing services, the agency's services now include tenant and landlord counseling, mediation of landlord tenant and other community disputes, HUD certified first-time homebuyer counseling and workshops, and mortgage default counseling.2 HOME funds will not be used for a homebuyer program. Program Year 1 Action Plan HOME/ADDI response: 4. If the PJ is going to receive American Dream Down payment Initiative (ADDI) funds, please complete the following narratives: a. Describe the planned use of the ADDI funds. b. Describe the PJ's plan for conducting targeted outreach to residents and tenants of public housing and manufactured housing and to other families assisted by public housing agencies, for the purposes of ensuring that the ADDI funds are used to provide down payment assistance for such residents, tenants, and families. c. Describe the actions to be taken to ensure the suitability of families receiving ADDI funds to undertake and maintain homeownership, such as provision of housing counseling to homebuyers. 3. If the PJ will use HOME funds to refinance existing debt secured by multifamily housing that is that is being rehabilitated with HOME funds, it must state its refinancing guidelines required under 9 92.206(b). The guidelines shall describe the conditions under which the PJ will refinance existing debt. At a minimum these guidelines must: a. Demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing. b. Require a review of management practices to demonstrate that disinvestments in the property has not occurred; that the long-term needs of the project can be met; and that the feasibility of serving the targeted population over an extended affordability period can be demonstrated. c. State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both. d. Specify the required period of affordability, whether it is the minimum 15 years or longer. e. Specify whether the investment of HOME funds may be jurisdiction-wide or limited to a specific geographic area, such as a neighborhood identified in a neighborhood revitalization strategy under 24 CFR 91.215(e)(2) or a Federally designated Empowerment Zone or Enterprise Community. f. State that HOME funds cannot be used to refinance multifamily loans made or insured by any federal program, including CDBG. l':lCt.~;"-;:&.'" ~~ ..ncI~I::Il'~~- ~ E' ~ Jurisdiction Jurisdiction ~=~::a..~~~;;$~~~:\.~_ _ -~~~~~~ Specific Homeless Prevention Elements *Please also refer to the Homeless Needs Table in the Needs.xls workbook. 1. Sources of Funds- Identify the private and public resources that the jurisdiction expects to receive during the next year to address homeless needs and to prevent homelessness. These include the McKinney-Vento Homeless Assistance Act programs, other special federal, state and local and private funds targeted to homeless individuals and families with children, especially the chronically homeless, the HUD formula programs, and any publicly-owned land or property. Please describe, briefly, the jurisdiction's plan for the investment and use of funds directed toward homelessness. 2. Homelessness- In a narrative, describe how the action plan will address the specific objectives of the Strategic Plan and, ultimately, the priority needs identified. Please also identify potential obstacles to completing these action steps. 3. Chronic homelessness- The jurisdiction must describe the specific planned action steps it will take over the next year aimed at eliminating chronic homelessness by 2012. Again{ please identify barriers to achieving this. 4. Homelessness Prevention- The jurisdiction must describe its planned action steps over the next year to address the individual and families with children at imminent risk of becoming homeless. 5. Discharge Coordination Policy-Explain planned activities to implement a cohesive, community-wide Discharge Coordination Policy, and how, in the coming year, the community will move toward such a policy. Program Year 1 Action Plan Special Needs response: Special Needs Popuii:ltions To the extent practical, the City of South San Francisco has attempted to estimate the number of persons in various subpopulations in orderto identify their needs. However, it is challenging to clearly assess how many people in South San Francisco fall into each sub-population. Below is a description of the City/s best estimates of the special needs population, their needs, and priorities to address their needs. Much of this data has been culled from the year 2000 US Census Bureau report. Because the census is done every 10 years/much of this information may have slightly different numbers. Updated information will be reported in future 1 year action plans as it becomes available from the 2010 census. Summary of Specific: Homeless/Special Needs Objectives The City of South San Francisco has set four specific objectives to address homeless needs and five objectives to meet the needs of special needs populations. Following is a description of these objectives as well as a description of how the City will use al'~m~,-~~~~~~~" . F::'st Program vear Action Plan 21 P. 2 7 \/ersion 2.0 Version 2.0 22 P. 2 8 First Program Year Action Plan ~~~lt~_l':-_.n_Y~~~M\'!'~fJ-~~"'''''.._~-''-'''-~'\';,)~W 2.2. Safe Harbor -Samaritan House ($7[OOORDA) Safe Harbor is a homeless emergency shelter in South San Francisco operated by Samaritan House. Safe Harbor provides shelter and food for up to 90 individuals countywide a night. In addition Samaritan provides several other services on site including drug education and counseling, employment and job development counseling, and health services. All of the individuals served at the shelter will be very low income. Safe Harbor will serve approximately 300 individuals from South San Francisco during the five-year Consolidated Plan period (approximately 60 individuals annually). The City will fund this program with RDA funds and possibly with CDBG funds. City funding will be leveraged by the County of San Mateo, other cities on the Peninsula, private foundations, and private donors. 2.1. Shelter Ne,tWork - Maple Street ($1[500.RDA) Maple Street Shelterprovides transitional" housing and comprehensive support services to homeless individuals. On-site services include support groups, job development and other services to help individuals secure permanent housing. The shelter will serve 50 very low and low income individuals from South San Francisco over thefive-year Consolidated Plan period (approximately 10 individuals annually). The City will fund this program with RDA funds that will be leveraged by the County of San Mateo, other cities on the Peninsula, private foundations, and private donors. 2.0. Provide emergency and transitional shelterforindividuals It is the City's goals to provide funding to organizations that provide shelter, transitional housing, and supportive services to homeless individuals. 1.0. Provide emergenc:yand tr.cmsitional shelter for families It is the City's goals to pro'vide funding to organizations that provide shelter, transitional housing, and services to homeless families. 1.1. Shelter Network- Crossroads ($18[000 RDA) . . Crossroads provides transitional housing and comprehensive support services to homeless. On-site services include support groups, job development and other individualized services to help families secure permanent housing. The shelter will serve up to 40very low and low income. families' from South San Francisco over the five-year Consolidated Plan period (approximately 8 households.annually). The program is available to individuals citywide. The City will fund this programwith RDA funds thatwill be leveraged by the County of San Mateo, other cities on the Peninsula, private. fOLjndations, and private donors. Priority: Provide service-enriched shelter and transitional housing for homeless individuals and fal11ilies. . . Federal, State, local, and private resources to address the needs identified for the period covered by the Consolidated Pl.an. The numeric goals contained in these priorities are based on the one year goals of each of the following programs. Because funding decisions are made annually as to which agencies will be funded for the following program year, it ispossibJe that some . or the numeric goals will shift over the five years if there are changes in which agencies are providing which services. . . ~ """"""'" ~-~ ~~ !r~ Jurisdiction Jurisdiction ~~lIl'~ ---~..:l>._ ~!'t,,--~.&-_~~~ J.4m._~;.-~_ Ilt_ !!!I~ 3.0. Provide shared Housing Opportunitie$ - Human Investment Project (HIP) ($10,000 RDt\.) .. HIP offers affordable housing services including a home equity conversion program for seniors, shared housing referrals, life skills workshops for single parents, an a homeless prevention program. HIP will provide referrals to as many as 700 households, primarily very low and low income households from South San Francisco overthe five-year Consolidated Plan period (approximately 140 households annually). The City will fund this program with RDA funding. City funding will be leveraged by other Peninsula cities, private foundations, and private donors. 4.0. Explore the possibility of develop additional shelters for fammes, individuals, and youth ($TBD COBG or RDA) Although there are currently no plans to develop new shelters in San Mateo County, the City is prepared to continue working with the San Mateo County Homeless Continuum.of Care Collaborative to address the needs of homeless. If, over the next five years, the Collaborative identifies options to create new shelters or transitional housing with supportive services for homeless, the City of South San Francisco will consider participating in the development orsupport of the shelter if it will serve families and individuals from South San Francisco. The City would use RDA or CDBG funding for this activity . . 5.0. Provid~ emergency and transitional shelter ford()mestic violence survivors and their chiidren . It is the City's goals to provide funding to organizations that provide shelter, transitional housing,and services to domestic violence survivors and theirchildren. 5.1. Center Overcoming Relationship Abuse ($5,000 CDBG) CORA provides shelter for domestic violence survivors andtheirchildren as well as food,c1othing, counseling and legal services. Servicesare provided in English, . Spanish! and Tagalog. The Center will provide shelter for 35families over the five- year Consolidated Plan period (approximatelY7 households annually). The City will fund this programwith CDBG funds that will be leveraged by the County of San Mateo, other cities on the Penins~la, private foundations, and private donors. Chronic Namelessness and Prevention Managing homeless prevention and chronic homelessness requires many of the same tools. Chronic homelessness occurs when efforts to prevent homelessness continually fail. The City funds agencies that provide temporary housing resources for victims of domestic violence or those seeking transitional housing. Other agencies such as North Peninsula Neighborhood Services Center provide emergency hotel vouchers for residents in need of immediate shelter. The HCDoffice at City Hall provides informational packets upon request for residents seeking housing options. Each packet consists of the county list of affordable rental units as well as information concerning HIP Housing and North Peninsula Neighborhood Services Center. Referrals to service-enriched housing are also provided if needed. Barriers to Homelessness Prevention ~~~~~~~~'~~.l.I~imJlQ,U First Program Year Action Plan 23 P. 2 9 Version 2.0 Version 2.0 24P.30 First Program Year J~ction Plan ~_ .t:~=""":lZl_1!'" -~"'---~"'."."""-"'''''''''--'--~~!!:ie.~~~~=''''''''''''''''''''''''''~_~. 1. Childcare a. City-Sponsored Dav Care $10,000 CDBG Operates two preschools, four before- and after-school sites, a summer camp and a vacation program. Funds will be used to provide fee assistance to families who cannot afford to pay full fees. The program will serve approximately 13 very-low and low-income children citywide. The City will allocate $10,000 of CDSG funds to the program in 2008-2009. Predicted outcome: Affordability for the purpose of creating suitable living environments. A. Priority: Provide core public services activities to improve the quality of life for low income individuals and families, incJudingthoseat risk of becoming homeless and special needs groups. Program Year 1 Action Plan Community Development response: 2. Identify specific long-term and short-term community development objectives (including economic development activities that create jobs), developed in accordance with the statutory goals described in section 24 CFR 91.1 and the primary objective of the CDBG program to provide decent housing and a suitable living environment and expand economic opportunities, principally for low- and moderate-income persons. *Note: Each specific objective developed to address a priority need, must be identified by number and contain proposed accomplishments, the time period (i.e., one, two, three, or more years), and annual program year numeric goals the jurisdiction hopes to achieve in quantitative terms, or in other measurable terms as identified and defined by the jurisdiction. 1. Identify the jurisdiction's priority non-housing community development needs eligible for assistance by CDBG eligibility category specified in the Community Development Needs Table (formerly Table 2B), public facilities, public improvements, public services and economic development. *Piease also refer to the Community Development Table in the Needs.xls workbook. Community Development No Response Required Program Year 1 Action Plan ESG response: (States only) Describe the process for awarding grants to State recipients, and a description of how the allocation will be made available to units of local government. Emergency Shelter Grants (ESG) The main barrier to homeless prevention is the lack of available funding for non- profit agencies. Many of the organizations funded by the city in the past have had to face serious cuts in funding which will alter their ability to serve the needs of the community. ~ _=121..4 --.!r"riV~~~~ ~._--~ Jurisdiction Jurisdiction ~~~"r~--~~~~=_ ~=""'~--=__~~ 2. Senior Services a. Citv-Sponsored Adult Day Care $18,249 CDBG Provides a structured, supervised setting in which frail or chronically impaired seniors can participate in social, educational and recreational activities as independently as possible. The program will serve 35 very-low and low-income seniors citywide. The City will allocate $18,249 of CDBG funds to the program in 2008-2009. Predicted outcome: Accessibility for the purpose of creating suitable living environments. b. Second Harvest Food Bank _ $5,OOOCDBG Provides seniors and disabled residents with weekly grocery bags containing at least 12staple items and consumer and nutrition information. Second Harvestwill serve approximate 375 very-low and low-income senior and/or disabled residents citywide. The City will allocate $5,000 of CDBG funds to the program in 2008-2009. Predicted outcome: Accessibility for the purpose of creating suitable living environments. 3. General Social Services a. North Peninsula NeighborhoodServio2s CenterCNPNSC) $24,000 CDBG Provides socialservices for those inimmediate need. Services include provision of. food, clothing, shelter, transportation, assistance with rental security deposits, payment of PG&E bills to avoid service interruptions, and crisis intervention. NPNSC is a key agency serving very-low income individuals and families at risk of homelessness. NPNSC will serve 3,000 very-low and low-income residents citywide. The City will allocate $24,000 ofCDBG fundstothe program in 2008-2009. Predicted outcome: Accessibility for the purpose of creating suitable living environments and decent affordable housing. c.ProiectREAD .$5;000 CDBG . . - . .. . Offers free individualized tutoringc:md materials for adults and trains volunteer:tutors to assist in improving literacy. Project READ will serve 65 very-low and low income people citywideat the West Orange Avenue Library. The City wilL allocate $5,000 of CDBG funds to the program in 2008-2009. Predicted outcome: Accessibility for the purpose of creating suitable living environments. 4. Battered Women's Services a. Communities Overcomino Relationship Abuse (CORA) $5,000 CDBG CORA helps serve the community by providing shelter to women and children who have been the victims of abuse. In 2008-2009, CORA plans to serve two households and five individuals from South San Francisco. This year, the City will provide CORA with $5,000 in CDBG money. Predicted outcome: Accessibility for the purpose of creating suitable living environments. b. Rape Trauma Services Center $6,250 CDBG This is the only agency within San Mateo County to provide information, resources, and support to sexual assault survivors and their loved ones. Rape Trauma Services anticipates serving 400 low-income South San Francisco women and their families citywide during 2008-2009. The City will allocate $6,250 of CDBG funds to the program in 2008-2009. Predicted outcome: Accessibility for the purpose of creating suitable living environments. ~~~~~;;;;r.J:i'~aV==li;\'ll\~5:"''''U!'~~'''''':':'-~~''~~pt""_~II'["':::~L:''~~m5 First Program Year Action Plan 2 5 P.3 1 Version 2.0 Version 2.0 26 P.3 2 First Program Year Action Plan ~.t\.,-",.....-~~~~~_.~~-~p~~~~~ 1. City-Sponsored Commercial Rehabilitation $175,000 CDBG The City-Sponsored Commercial Rehabilitation provides financial and technical assistance to property owners undertaking structural, fac;ade and business sign improvements to their buildings. These improvements help owners increase the use of their commercial buildings, and improve the appearance of the downtown. The program is available in the Historic Downtown District. The program is funded through CDBG and is leveraged by owners' funds and RDA funds. During 2008-2009, The City's economic and community development strategy for Downtown includes structural improvements to address code violations and seismic concerns and to maximize the use of commercial buildings and faC;ade improvement assistance for businesses. B. Priority: Sustain and increase the level of business and economic activity in areas that serve or have a high percentage of low-income residents. c. The Tooth Mobile $10,000 CDBG The Tooth Mobile provides on-site dental services for low-income children, adults, and seniors in SQuth San Francisco. 100% of the benefitiariesare low or very-low income. The Tooth Mobile estimates itwill serv_e approximately 140 individuals citywide with either dental screenings and c1eanings or treatment with $10,000 in CDBG funds_ during 2008~2009. Predicted outcome: Accessibility and affordability for the purposeofcreating suitable living environments. . b. Youth Services Bureau (Formerly North Peninsula FamilyAlternatives, NPFA) $6,200CDBG. .... . '-. ....... .. ..:.. .. ... Offers a program to improve parenting skills and increase school performance. Low. income, monolingual Spanish-speaking families are the focus of this program. Youth . Services .Bureau will serve 60 very-low and low income households citywide. The City will allocate $6,20CLof CDBG funds to the program in 2008'-2009. Predicted outcome: Acce:ssibility for the purpose of creating suitable living environments. a; . John's Closet $5,000 CDBG Provides schoolchildren ages 3 ,... 17 with new clothing including jeans, sweats, . jackets and tennis shoes. Many parents of the children. served are single mothers. programwill serve approximately 145 very low and low-income South San Francisco children citywide. The City will al.locate $5,000 of CDBGfunds to the program in 2008-2009. Predicted outcome: Accessibility for the purpose of creating suitable . living environments. . 6. Youth Services a. PARCA - Peninsula Association for Retarded Children and Adults $5,000 CDBG PARCA provides support, information, referrals, outreach, advocacy, and recreation opportunities to approximately 25 low-income South San Francisco individuals with developmental disabilities and their families citywide. The City will allocate $5,000 of CDBG funds to the program in 2008-2009. Predicted outcome: Accessibility for the purpose of creating suitable living environments~ 5. Disabled Services ~..1!:\l~~Q:..nIlI" ~~~t~~~~~~ G~ Jurisdiction Jurisdiction ~~-~-- ~!'.~i'_ "T:~ _ "'oJ . ~~~-"1' 1Il~...."-'l1~ ~ the City will assist 4to 6 business. The program will be funded with $175,000 in CDBG and may leverage up to $150,000 in RDAJunding. Predicted outcome: Sustainability for the purpose of creating economic opportunity. C. Priority: Preserve and improve public facilities that serve a . high percentage of low income residents. The City will make accessibility (ADA) modifications and/or other improvements to . public facilities and other community faCilities that serve low-income residents and residents with specialneeds. The City undertakestheseprojects on an as needed basis or when it identifies.Jacilities with urgent needs. Projects will be funded -with CDBG from program income, undesignated funds or activities that have been . - cancelled, delayed or are slow in drawing funds. As such, these rehabilitation and accessibility projects have not been identified but will be undertaken as deemed appropriate and will be dependent.on the availability of program.Junds; Examples of past projects include the rehabilitation ofthe Safe Harbor Shelter, the Boys and Girls Club and the Orange Avenue Library, which received accessibility modifications. The City has also undertaken modifications to make all citY70wned facilities and public parks disabled accessible on a_yearly basis for the lastsix years and will continueto do so as funds areavailable until all accessibility modifications in the c::ity's ADAPlan have been competed. The Cityalso has plans to helpthe Center for. Overcoming Relationship Abuse (CORA) rehabilitate theirfamilyshelter. Predicted outcome:_. Sustainabilityfor the purpose of creating suitable living environments. . Long Term and Short Term Needs Some of our community's long term needs include: additional affordable housing and building improvements to some of the local community centers. Plans are being created to helpbu)ld ADA required improvements attheSouth San Francisco Orange Library. Other buildings and parks arealso being improved to better help serve the needs of thecommunity. -For example, South San Francisco's Linear Park is being built to connect the surface levels of the South San Francisco BART station arid the San Bruno BART station. The improvements to these public spaces and-community centers are key to helping the support the activities ofthe city at large. . The geographic realities of the region - earthquakes, close proximity to San Francisco International Airport, flood zones, the lack of available land in the city - have compounded in such a way that building affordable housing is quite difficult. Homes and rents are quite expensive. Due to the recent housing crisis, it is likely that the price of rent will continue to rise as fewer individuals purchase homes and instead seek rental opportunities. [vlany of the residences built in the city are single family homes build on small tracts of land. In the future, there will likely be a movement towards taller, mixed use buildings. ~~:.n>_~~~~~~_~~.,mr-...._~~~~~ First Program Year Action Pian 27P.33 Version 2.0 Version 2.0 28P.34 First Program Year Action Plan ~~~!!llii!!'!tlI~---'''-..----.el!!ll!'iIlCI!'~!l;-''''''''''''T -~_~i!!I!l;_T~~~~~ 3 San Mateo County Housing Indicators March 2007 4 US Census 2000 Third, efforts to improve the Historic Downtown Business district provide property owners with an opportunity to undertake exterior business improvements, induding signs, awnings and exterior painting. These improvements help owners increase the Second, the City has recently adopted an indusionary housing ordinance that requires developers to make twenty percent (20%) of all new housing units in developments of 4 units or more in the City affordable to moderate-income families. All of theindusionary units must be affordable to families at or below 80% or at or below 120% of AMI as stipulated in the illdusionary ordinance. The City of South San Francisco has a multifaceted approach to reducing the number . . of families living in poverty. First, City participation in the acquisition, construction or rehabilitation of affordable housing is contingent upon restricting rents to>affordable levels for low-income residents for an extended period oftime (30 to 40 years). This helps reduce the number of families living in poverty by decreasing one of their largest expenses, rent, to a reasonable level. Additionally, the City's housing rehabilitation loan programs offer low and moderate-income homeowners the opportunity to bring their homes up to current building standards by providing low- interest loans, which facilitate upgrades in a manner that does not burden the family budget. . Reducing Poverty in Families Program Year 1 Action Plan Antipoverty Strategy response: 1. Describe the actions that will take place during the next year to reduce the number of poverty level families. Antipoverty Strategy Another short term need for the city is the need for greater financial resources. The concurrent increase in need of emergencyservices and. the reduction of funding for these services has posed serious problems for the City of South San Francisco. . Several of the key programs supporting the needs of children and the elderly had to be cut in order to stay withinthe financial confines ofthe CDBG program. This reduction in available resources will mean that services previously available to the members of the South San Francisco community will no longer be accessable. The short term needs of our community include: affordable housing, increased funding for emergency services and increased funding for all CDBG programs in general. The recent housing crisis has made finding affordable housing more difficult. In addition, the cost of rent in San Mateo County is $1,643 for a two bedroom apartment.3 The median income for a South San Francisco resident is $61/746 meaning that an affordable rent would be ~3% of incomeor $1,715.4 While these numbers seem to show that the vast majority of South San Francisco residents can afford to pay for affordable housing, the reality is that there is a large income disparity within the city meaning that those with higher incomes skew the numbers to make the problems with affordable housing seems less serious. ~~~-- - ,- ...~-= ~~U~~ _ __-L~~..:utI ~ Jurisdiction ~~ Jurisdiction ~~~~~":;.""-'=~'~~.z!!:C.~~~=~~ use of their commercial buildings and the appearance of the Historic Downtown district. In addition to providing assistance for improving commercialfa<;ades, the City works with the South San Francisco Chaniber of Commerce to meetthe needs of downtown businesses and to promote the area. These activities help create a more vibrant business community andnewjobs for City residents. Fourth, the City funds several non-profit agencies whose services help low income residents. For example, by providing childcare subsidies the City is able to help low- income adults work or study while their children are at a childcare center. Similarly, by providing funding to an adult literacy program, the City is able to help residents find employment they may not have been able to secure before knowing how to read. Fifth, the City is an active participant in the County of San Mateo's HOPE (Housing our People Effectively) Program. It is the intent of this program to address the needs of individuals and families who experience episodic homelessness as well as the needs of chronically homeless persons. The HOPE Program seeks to completely end homelessness in San Mateo County within ten years. The County's HOPE Program is also incorporating a discharge policy to address the housing needs ofindividuals discharged from publicly funded institutions. Through these efforts, the City is continually working to help reduce the number of families living in poverty. Non-homeless Special Needs (91.220 (c) and (e)) *Please also refer to the Non-homeless Special Needs Table in the Needs.xls workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve for the period covered by the Action Plan. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 1 Action Plan Specific Objectives response: Priorities and Resources To help create a healthier and safer community, the City of South San Francisco uses the Community Development Block Grant to fund an array of non-profit agencies that provide essential social services to working families. Funded services range from childcare and youth programs to senior services. The City also uses CDBG funds for building improvements that help revitalize the Downtown, improve facilities that provide services to low-income residents, and to make buildings accessible to people with disabilities. Here is a list of the key priorities for the City of South San Francisco: ~~~~!;;r.:~~-jt!_.-'l"~W 1~1!&"'-~ First Program Year Action Pian 29 P.3 5 Versior: 2.0 Veision 2.0 30 P.3 6 First Program Year Action Plan ~~~~~~~~~ 9. Please note any evaluations, studies or other assessments that will be conducted 8. Please describe the expected trends facing the community in meeting the needs of persons living with HIVjAIDS and provide additional information regarding the administration of services to people with HIVjAIDS. 7. Describe any barriers (including non-regulatory) encountered, actions in response to barriers, and recommendations for program improvement. 6. Provide an analysis of the extent to which HOPWA funds were distributed among different categories of housing needs consistent with the geographic distribution plans identified in its approved Consolidated Plan. 5. Report on the use of committed leveraging from other public and private resources that helped to address needs identified in the plan. 4. Report on annual HOPWA output goals for the number of households assisted during the year in: (1) short-term rent, mortgage and utility payments to avoid homelessness; (2) rental assistance programs; and (3) in housing facilities, such as community residences and SRO dwellings, where funds are used to develop and/or operate these facilities. Include any assessment of client outcomes for achieving housing stability, reduced risks of homelessness and improved access to care. 3. Evaluate the progress in meeting its specific objective of providing affordable housing, including a comparison of actual outputs and outcomes to proposed goals and progress made on the other planned actions indicated in the strategic and action plans. The evaluation can address any related program adjustments or future plans. 2. Report on the actions taken during the year that addressed the special needs of persons who are not homeless but require supportive housing, and assistance for persons who are homeless. 1. Provide a Brief description of the organization, the area of service, the name of the program contacts, and a broad overview of the rangej type of housing activities to be done during the next year. *Please also refer to the HOPWA Table in the Needs.xls workbook. Housing Opportunities for People with AIDS c. Pl'iority:preserve am:Jimprove public facilities that serve a high percentage of low income residents. _. . - . . B. Priority: Sustain and increase the level of business and economic activity in areas that serve or have a high percentage of low-income residents. A.Priority: Provide core public services activities to improve the quality of life for low income individuals andfamilles, including those at risk of becoming homeless and special needs groups. tom:- --W~~ll~zo=!mllN.~=-=C~'lICX~~~ Ju risdiction Jurisdiction ~~~~~~=~-n~~~~l~~~a on the local HOPWA program during the next year. Program Year 1 Action Plan HOPWA response: Based on the estimates of special needs populations and the needs described by service providers, the City has set a priority to: Provide service-enriched housing opportunities for individuals and families with special needs including, but not limited to, seniors, people with physical and developmental disabilities, domestic violence survivors, people with HIVj AIDS, and people in treatment for substance abuse. This central priority is divided into various specific priority levels to serve the special needs populations with supportive housing. The City is giving medium priority to . individuals with HIV/ AIDS. At this time, the County of San Mateo provides assistance in the form of home health care buttherearenoAIDS specific hospice homes. Housing Needs of Peopie with HIVj AXDS5 There are only rough estimates of how many South San Francisco residents are currently living with HIVjAIDS.ln San Mateo County, there are 1,910 AIDS cases in the County(notincluding HIV cases), and the San Mateo AIDS Program estimates that 25% or 478 of those cases are from South San Francisco. According to San Mateo County Disease Control, from July of 2002 until. February 28, 2003, there were 81 new cases of HIV in San Mateo County; oUhis 27 cases were in South San Francisco. Latinos are among the fastest~growingpopulations with HIV, as seen in the hospital and clinics in San Mateo County.6 . In terms of specific housing in the City of South San Francisco, there are opportunities to find affordable housing but there are no specific hospice centers. At this time, focus is being placed on high priority housing concerns. The City of South San Francisco can refer interested parties to resources at the County of San Mateo or non-profitAIDS agencies such as ELLIPSE Peninsula. Many of the people living with AIDS in the County needfinancial and housing assistance in addition to health services. San Mateo County Health Department HIV services program sees 554 clients per year. In one year: 126 clients received Emergency Financial Assistance, the Food Program served 238 clients, Community Dental Care served 85 people, and Residential Services served 184 clients. San Mateo County services for individuals with HIVincludes substance abuse treatment on demand. Specific HOPWA Objec:thres Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the Action Plan. 5 All Information from San Francisco HIV Health Services Planning Council Minutes, May 21, 2001 Unless otherwise noted 6 The Independent Saturday, January 11, 2003 "AIDS Rates for Hispanics on the Ride" by Sara Zaske ~~~~o.ii[~~~~~~~Ii2li€~sI"~e;~ First Program Year Action Pian 31 P. 3 7 Version 2.0 Version 2.0 32 P.38 First Program Year .Action Plan ~~'l'40"t--~~~~~""~~~~'>>m;i..~&;,.")'bilsm~w~BIi~lIi:i~~~ Include any Action Plan information that was not covered by a narrative in any other section. San Mateo has only in home hospice services and no residential care facilities. The Mental Health Association is their housing provider and the residential services are varied-shallow rent subsidies are one example. The county currently places HIV clients in non-HIV specific housing. Housing is a major problem in the County and San Mateo County has lost more clients to its housing crisisthan.to HIV/AIDS itself because people living with AIDS couldn't find Section 8 Housing. ELLIPSE, one of the service providers for people living with HIV / AIDS in South San Francisco has also expressed the need for rental assistance specifically for people living with HIV/AIDS. Program Year 1 Specific HOPWA Objectives response: ~~~~~~.=...-r.--:""---~~w---":'f~~~~~~ Jurisdiction 2008-2012 Five Year Consolidated Plan P.39 PAO . ...'~ '~~- ?'of: '-r ._, r-.,,-q;~ {" .--.,." v,l~. ~ .~.\ <SO. d" CiJ. -t., 'z :j* *.{;l ::~~ ];; ~, 4~J 0' ",,'i- ""i!~ .....Of.o{ ~.!JN tl 'i!'J t'.\: 3-5 Year Strategic Plan This document includes Narrative Responses to specific questions that grantees of the Community Development Block Grant, HOME Investment Partnership, Housing Opportunities for People with AIDS and Emergency Shelter Grants Programs must respond to in order to be compliant with the Consolidated Planning Regulations. Executive Summary The Executive Summary is required. Include the objectives and outcomes identified in the plan and an evaluation of past performance. 3-5 Year Strategic Plan Executive Summary: The U.s. Departmentof Housing and Urban DevelopmE;ntrequireslocaljurisdictions to prepare a Fi.ve Year ConsolidatedH.o. usingtEc. onomic.and C. o. mmunity Development Plan. in orderto receive federal fundsthroughtheCommunity Development Block Grant, HOME Investment Partnership,.Emergency Shelter Grant, and Housing Opportunities for Persons with AIDS Programs. The City of South San Francisc:o is a participatingjurisdiction in the San Mateo County HOME Consortium .and submits its federal application as part.ofthatConsortium.However, the City prepares its own Consolidated Plan. The Consolidated Plan is prepared only once fora period of five years, in this caseforfiscal years 2008 -.2012..TheConsolidated Plan outlines a community's strategy for addressinghousing.and community development needs based on cu rrE:lnt community nl:eds that arE; the City tobea priority. . . . . . .. Federal Department of Housing and Urban Development Programs have three basic goals: ., '" " ""'- Goals and Priorities L To assist extremely low, very-low and low income persons by providing decent and affordable housing; 2. To providethesepersonswIth asuitable living environment; and 3. To expand their economic opportunities. The City's FiveYearConsolidatedPlan furthers these goalsby assessing housing and community development needs and resources and by describing priority actions, projects, and programs to be initiated and or completed during each fiscal year of the Consolidated Plan. In 1993, The County Consortium established specific housing and non-housing community development priorities to guide Community Development Block Grant Program funding allocations and the City adopted those goals, which over the years have served our residents well. It is proposed that the goals and priorities previously ~-,...-~!~ -=i51l1r~=.!1IIlill:::iilli._ll- ...........- ~'T4:__- - 11__ .r BlI: ----~ 3-5 Year Strategic Plan 1 P.4l Error! Not a valid link. Error! Not a valid link. 2 P.42 3-5 Year Strategic Plan """"""'" Bi ~--~~~""" .. DO tl!l~ ~ - Through the Five Year Consolidated Housing, Community, and Economic Developrilent Plan and One Year Action Plan, the City of South San Francisco will assess the housing, community, and economic development needs of the community and describe priorities and specific objectives for addressing these needs over the next five years. Because affordable housing continues to be a great need in the Bay Area, the priorities used in past years continue to be relevant to addressing the current needs of South San Francisco. Conclusion During the course of the 2003-2008 fiscal years, the City of South San Francisco carried out a strategic plan which sought to improve the community and increase the amount of affordable housing. During this time, many new developments were made. For example, mixed use housing developments were built near the South San Francisco BART station therefore creating a commuter hub. The city also worked within the confines of its own programs to help rehabilitate existing homes within the community and developed partnerships with organizations such as Habitat for Humanity and the County of San Mateo to build homes for low income residents. Aside from housing, the City of South San Francisco continued to manage theCDBG program which helped provide a funding resource for many local non-profits. Unfortunately, the amount of funding that the city receives for the CDBG grant has been decreasing steadily over the years making is necessary to cut very important programs. Evaluation of Past Performance The first public hearing with the City Council on January 9, 2008 was an opportunity to hear public testimony on the City's housing and community development needs for the Five-Year Consolidated Housing, Community, and Economic Development Plan and to provide direction to staff regarding priorities forthe next five years. At the final public hearing on April 9, theCity Council heard public testimony on the' proposed Consolidated Plan and One Year Action Plan and adopted the plans. The Five Year Consolidated Housing, Commun'ityand Economic Development Plan identifies and prioritizes current housing and community development needs, including the needs of special needs groups such as homeless, elderly, and disabled people, and outlines South San Francisco's strategy for addressing these community needs over the next five years. Consolidated Housing, Economic, &. Community Development Plan established remain in place for the term of the next Consolidated Plan dated 2008 - 2012. Further, these goals have been previously reviewed with the Redevelopment Agency's Implementation Plan and the City's Housing Element in mind to ensure consistency between the documents and between City-sponsored housing and community development programs. These priorities will guide South San Francisco Housing and Community Development activities, including the use of Community Development Block Grant funding, over the course of the next five years. Error! Not a valid link. Error! Not a valid link. Strategic Plan Due every three, four, or five years (length of period is at the grantee's discretion) no less than 45 days prior to the start of the grantee's program year start date. HUD does not accept plans between August 15 and November 15. Mission: 11. To assist extremely low, very low and low income persons by providing decent and affordable housing; 2. To provide these persons with a suitable living environment; and 3. To expand their economicopporfunities. General Questions 1. Describe the geographic areas of the jurisdiction (including areas of low income families and/or racial/minority concentration) in which assistance will be directed. 2. Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) (91.215(a)(1)) and the basis for assigning the priority (including the relative priority, where required) given to each category of priority needs (91.215(a)(2)). Where appropriate, the jurisdiction should estimate the percentage of funds the jurisdiction plans to dedicate to target areas. 3. Identify any obstacles to meeting underserved needs (91.215(a)(3)). 3-5 Year Strategic Plan General Questions response: HistoricG rowthAnd PoPiJlation.Trends............ South San Francisco is located the west shore FranciSco Bay, n northern San Mateo County. The City isbuilt upon the Bay plain and the northern foothills of the Coastal Range, and is strategically located alongmajortransportation corridors and hubs, including U.S. 101, Interstate 380 and Interstate 280, the Union Pacific Railroad, (formerly Southern Pacific Railroad) and the San Francisco International Airport. By the end of the 1950s, South San Francisco had essentially reached its present level of urbanization between. U.S. 101 andJunipero Serra Boulevard. Many of the residential subdivisions west of Sign Hill and EICamino Real were complete. Except at the city's northwestern corner, Junipero Serra Boulevard formed the city's western edge, and Hillside Boulevard/Randolph Avenue was the northern boundary. With some important exceptions, land use in South San Francisco since the 1960s has stemmed from internal change rather than outright expansion. Infill development has occurred along EI Camino Real, Chestnut Avenue, and U.S. 101. Major expansion has occurred in the Westborough area and the East of 101 area, enabled respectively by the construction of Interstate 280 and landfill at Oyster and :5!ll1!lf il r ......_~~~""="'... ~~_.~it~~.... -~';.~~.i1 ~- ~~ m- ~ 3-5 Year Strategic Plan 3 P.43 Error! Not a valid link. Error! Not a valid link. 4 P.44 3-5 Year Strategic Plan ,X~~ -- ----::E:'~ ~ ::::u.~._-~~ ~~~.L~ w ------=~~~ ~ 1. Lead Agency. Identify the lead agency or entity for overseeing the development of the plan and the major public and private agencies responsible for administering programs covered by the consolidated plan. Managing the Process (91.200 (b)) The main barrier to serving needs is the lack of available financial resources. Due to cuts in the CDBG grant, there have been limited funds to help support the community at large. Barriers to Meeting Needs Many of the residents in this area are of a Hispanic background and speak limited English. The Housing and Community Development Division has Spanish speaking staff and works hard to translate important information into Spanish but more could be done to reach ouUo this community. The downtown will become an important focus over the next five years as developments such as the new CalTrain station and outreach to small businesses continues to alter the shape of the area. Residents will need to be informed about these changes. Care must be taken to avoid displacing community members as the neighborhood improves. The Downtown Target Area is where Community Development Block Grant funds are concentrated for rental and single-family rehabilitation. In five other neighborhoods, over 10 percent of the structures were in fair to poor condition: Grand Avenue, Paradise Valley, Mayfair Village/Francisco Terrace, Town of Baden, and Peck's Lots. The downtown has the highest concentration of lead in homes, children under 18 and low income residents. For these reasons, it is the main target of funding for CDBG programs. Overall, South San Francisco's residential structures are in good condition. Of the 1,862 structures surveyed, 87.3 percent were found to be in good condition, 10.7 percent in fair condition, and 2 percent in poor condition. Applying these percentages to the city as a whole, suggest that approximately 2,000 units need minor structural repairs, and 380 units need either major repairs or replacement. (The low rate of demolitions,averaging five per year, indicates that relatively few units need to be replaced.) With 8.5 percent of the county's population, South San Francisco is San Mateo County's fourth-largest city. Future opportunities for growth other than redevelopment are limited to remaining unincorporated islands. Geographic Area Where Assistance will be Directed and Basis for this Direction The rate of population growth slowed in the 1960sand1970s,increasing by only six percent in the 1970s. Population growth increased by 10 percent in the 1980s and by roughly the same percentage in the 1990s. By 2000, South San Francisco had a population over 60,552, according to the 2000 U.s. Census. I Sierra Points. The city has recen. tly entered its last phase of expansion with multi-use . development at Terrabay on the south slopes of San Bruno Mountain. i Error! Not a valid link. Error! Not a valid link. 2. Identify the significant aspects of the process by which the plan was developed, and the agencies, groups, organizations, and others who participated in the process. 3. Describe the jurisdiction's consultations with housing, social service agencies, and other entities, including those focusing on services to children, elderly persons, persons with disabilities, persons with HIV/AIDS and their families, and homeless persons. *Note: HOPWA grantees must consult broadly to develop a metropolitan-wide strategy and other jurisdictions must assist in the preparation of the HOPWA submission. 3-5 Year Strategic Plan Managing the Process response: lead Agency The City of South San Francisco's Housing and Community DevelopmentDivision (HCD) is the lead public agency responsible fordeveloping and implementing the City's Consolidated Plan. HCD administers the City's Community Development Block Grant (CDBG) and Redevelopment Agency's tax incrementfunds. HCDis responsible for manyoftheactivities andprogramsidentifiedinthe Consolidatedplanincluding the City's housing rehabilitation program, voucher program, first time homebuyer program, new housing developmentprograrns, funding of nonprofitagencies,' ..... commercial development programs, and forsomelmprovements ofthe City's.public facilities and infrastructure. The HCD office is a division of the Economic and Community Development Office (ECD). Organizations Consulted to Develop the Consolidatedj:>>lan The City of South San Francisco is aparticipating jurisdiction in theSanMateo.. . County HOME consortium. South San Francisco consulted withSan Mateo County in identifying community needs. The City also consulted with the following governmental and social service organizations in identifyingcommunityneeds:.Child Care Coordinating Council, Center for Independence forthe Disabled, Shelter Network, Second Harvest Food Bank, Sitike Counseling Center, City of South San Francisco Adult Day Care Program, HIP Housing, North Peninsula Family Alternatives, North Peninsula Neighborhood Services Center, La RazaCentro Legal, John's Closet, ELLIPSE, Parca, Ombudsman Program of San Mateo County and Project Read. ... " ... . '. .' .- "-- - -. .-, .~ . . ",. HCD staffalso participated in a workshop held by the City/CoUnty Association of Governments onhousingneedsinSan Mateo County. Further detail on"the City's process of developing the plan and .for citizen participation can be found in the Citizen Participation Plan. Organizations Consulted to Deliver Services The City will work closely with non-profit social service providers, other cities; the School District, the County, and the Chamber of Commerce to coordinate the delivery of services to residents. The City will also assist neighborhood groups with space for events and materials to help them conduct community activities. ~~..:g~_~t....=-- ~''''''''~''~ll -':rv ~E'WIl!S!-~~~--- llIiim:F.tll'Vi~~ 3-5 Year Strategic Plan 5 P.4S Error! Not a valid link. Error! Not a valid link. 6 P.46 3-5 Year Strategic Plan ~ "" ~ """"""'" On January 9, 2008 the City held a public hearing with the Mayor and City Council to receive public comments on the 2008-2012 Five Year Consolidated Plan and 2008- 2009 One Year Action Plan. A legal notice for the hearing was printed in the San Public Hearing on Community Needs for the 2008-2012 Consolidated Plan and 2008..., 2009 Action Plan: A Community NeedsSurvey was distributed to over 50 community agencies that serve low-income South San Francisco residents. Nine organizations returned the surveys. A summary of the survey results can be found at the end of this report. On January 9, 2008 a meeting was held with local community agencies that serve low-income South San Francisco residents to identifycommunity needs. Representatives from the following agencies attended the meeting: Second Harvest Food Bank, Project Sentinel, City of South HIP Housing, Shelter Network - Family Crossroads and Rebuilding Together Peninsula. Citizen and Community Participation Process 3-5 Year Strategic Plan Citizen Participation response: *Please note that Citizen Comments and Responses may be included as additional files within the CPMP Tool. 4. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted. 3. Provide a summary of efforts made to broaden public participation in the development of the consolidated plan, including outreach to minorities and non- English speaking persons, as well as persons with disabilities. 2. Provide a summary of citizen comments or views on the plan. 1. Provide a summary of the citizen participation process. Citizen Participation (91.200 (b)) 1. Continue working with the County of San Mateo and other CDBG jurisdictions to implement HUD's Lead Safe Housing Regulation 2. Participate in the San Mateo County HOME Program Consortium 3. Fund non profit agencies serving low-income residents 4. Continue to promote the First-Time Home Buyer Program that will. create opportunities for first-time homebuyers through a partnership with First Home Inc. 5. Work with businesses and the Chamber of Commerce on downtown beautification and other projects to improve the downtown 6. Work with nonprofit agencies and private developers to build affordable housing 7. Work with the Housing Endowment and Regional Trust (HEART) of San Mateo to increase the amount of affordable housing In 2008-2012, the City will work to strengthen its relationships with organizations serving the public. Specific efforts will include: Error! Not a valid link. Error! Not a valid link. Mateo County Times 10 days before the hearing. Notice of the hearing was e-mailed to all community agencies on the Housing and Community Development mailing list. At this public hearing, five agencies addressed the citycounciI and provided insights and trend concerning needy populations .in the City of South San Francisco. The comments by the agencies were as follows: · Shelter Network - FamilyCrossroads: there is a growing need for food and shelterresources in the community 6 Second Harvest: The senior brown bag program is in needof additional funds to help promote independent living among seniors. · Rebuilding Together: Many of the families that this organization serves make only $12,000 ayear or. less. Theirorganization isin the process of establishing an .energyefficiencyprogram. . ...... ..... .. .. .. .... .' · HIP Housing: Noted the increasing difficulty of finding affordable housing and making rent/mortgage payments and asked for additional funds for housing in South San Francisco and the county. @ Response: Each of these organizations received some fundingto help carry outtheir services in SouthSan Francisco. no comments thatwere not accepted . Availability af a Proposed 2008-2012ConsolidatedPlan: The proposed 2008-2012 Five Year Consolidated Plan was available for public comment forthirty days. Copies of the Five Year Consolidated Plan were made available tothe public for free and without delay if requested. In addition, copies were available at the Economic and Community Development Office at CityHalL . . <"_','.. ",_,... ...,.., .. . ", .. ,', _.'.n :':":'-"'. '-,.", .">:--, .'._.,_,,_',.,.._: -"':"",...--:' .:;.'_: 'n', ....... ....:<.... . .-.. - -.. . '''..... ,'.- ..,.. .., . '.. _, .'.,._ , _n_ ...,.... .. _ ,_ _ _....,. .. . ..... .. _,. '." "._ n....... . ..'.,_ . . ..... . . , . _n." ... Public HearingtaFinaJize the2008-2012.Cansolidated Plan and 2()08-2009 Actian Plan: ... - . - - ... ,. ..", ,-.-,. ,. ... , .... . . ..... . .,_., ...... . On April 9,2008, the City held apubiicheaHng to finalize the2008-2012 Consolidated Planand 2008-2009 Action Plan. Apublic notice for the hearing was printed asa display advertisement ill the San Mateo County Times on March 29, 2008. Notice of the hearing was e-mailed to all community agencies on the Housing' and Community Development mailing list. The "Final" Five Year Consolidated Plan _ Copies ofthe Five Year Consolidated Plan and a summary ofthe plan will be made available lathe public for free and within two days of a request. Inaddition,copies will be available atthe economicandCommunity Development Office atCity hall as well as South San Francisco libraries Institutional Structure (91.215 (i)) 1. Explain the institutional structure through which the jurisdiction will carry out its consolidated plan, including private industry, non-profit organizations, and public institutions. ~....""_~-- A!ll.~"""",,_"" -'~"iiOM1.""m1 ...~ 1f::-":1f ~""::'llitn ~ l~~J -- 1 -'9_'" 3-5 Year Strategic Plan 7 P.47 Error! Not a valid link. Error! Not a valid link. 8 P.48 3-5 Year Strategic Plan itlIlit~~ ~ "" .............. The South San Francisco Public Housing Authority (PHA) operates as a separate entity and submits a Consolidated Plan to HUD separately from the City of South San Francisco. The South San Francisco PHA manages 80 units of affordable public housing. More information about the South San Francisco PHA can be found in their 2008 Agency Plan. South San Francisco Public Housing Authority The San Mateo County Public Housing Authority is responsible for implementing the federally funded Section 8 Program throughout the County of San Mateo. A portion of the Housing Authority's rent assistance vouchers and certificates are allocated to the City of South San Francisco. San Mateo County Housing Authority County of San Mateo The county is the lead agency for the HOME consortium program. Becauseofthe City's eligibility to receive funds directly from the federal government; the County plays a smaller role in South San Francisco thanit does in other cities on the Peninsula. The County, however, does contribute to the housing and community development needs of the City through programs such as its firsttime home buyer program and through the financing of nonprofit agencies. One very critical role the County plays in South San Francisco is providing services for homeless persons and persons with special needs. The City of South San Francisco participates in the County Continuum of Care Collaborative to address the needs of homeless people in South San Francisco. As described earlier, the City of South San Francisco's Housing and Community Development Division (HCD) is responsible formany of the activities and programs identified in the Consolidated Plan. The City will>be actively involved in conducting housing rehabilitation, making loans to first timehomebuyers,developing new. housing, funding nonprofit agencies, creating opportunities for commercial development, and improving the City's public facilities and infrastructure. The City manages its ownCDBG program funds. Housing and Community Development Division,.CityofSouth San Francisco The following jurisdictions, organizations, and groups are part of the institutional structure through which the City of South San Francisco's Five Year Consolidated Plan objectives will be implemented: 3-5 Year Strategic Plan Institutional Structure response: 3. Assess the strengths and gaps in the delivery system for public housing, including a description of the organizational relationship between the jurisdiction and the public housing agency, including the appointing authority for the commissioners or board of housing agency, relationship regarding hiring, contracting and procurement; provision of services funded by the jurisdiction; review by the jurisdiction of proposed capital improvements as well as proposed development, demolition or disposition of public housing developments. 2. Assess the strengths and gaps in the delivery system. Error! Not a valid link. Error! Not a valid link. Nonprofit Organizations Nonprofit organizations in South San Francisco play an important role providing affordable housing and services for South San Francisco residents. South San Francisco partially funds and monitors these agencies through its Community Development Block Grant program. The programs these agencies provide are as varied as the clients they serve and range from housing rehabilitation to counseling. North Peninsula Neighborhood Services, Inc. (NPNSC) conducts a minor home repair program inSouth San Francisco it is also a lead agency for the County of San Mateo. Shelter Network operates several<sheltersproviding emergency and transitional for South San Francisco residents. For years Human Investment Project (HIP}has operated a home sharing referral program, which matches persons looking for housing with persons who have extra living space. The agency also helps seniors obtain reverse mortgages and manages several shared housing units. HIP is also a Community Housing Development Organization (CHDO) and as such is eligible for receiving HOME funds designated for CHDO's. Second Harvest, The Tooth Mobile, Shelter Network and many other nonprofit organizations also provide valuable services to residents inSouth San FranCisco. Acornplete listing and description of service providers is included each in year in the City's One-Year Action Plan. Gaps in DeliverY of Services " ... ',', - . ._,~.. .. '......,... - . __ ,. -;-'.- - ", m_ . _. . _.. ,',." ,.,"'_ _",' _'.'" 00_ ',- ... .._,....",.. .". -.- '-'-'C"". _, . n. ." As a leaderinthedevelopmentof housing and serVices,.the City of South San .. Francisco is well suitedto continue implementirig and-expanding. the housing programs identified in this report. The City's housing programs have the support of the City Council as well as the staff experience necessary to carry out housing and community development plans. Expertise in ongoing programs such as housing rehabilitation and working with community nonprofitagencieswill result in the continuing success for these programs. City staff also has experience developing housing, from negotiating purchases and working with developersto secLiring short and long term financing~ .. .. ... . Perhaps the greatest shortcoming of the City's housing delivery system is the limitation and restrictive nature of federal funds. Several agencies had to face funding cuts ata .time when the housing crisis and job losses are plaguing the community and increasing the need for services. The nonprofit agencies working in the City of South San Francisco can be described as experts in their field. They are adept fundraisers, project managers, and know the diverse needs of their clients and the most efficientways of delivering services to them. They are also very experienced in working with each other and with other public and private organizations. Many of these agencies have experience in developing new housing. Shelter Network has opened several homeless facilities .-"'~"'='T'F1liI' -...~..........-t.!,~ 3-5 Year Strategic Plan 9 P.49 Error! Not a valid link. Error! Not a valid link. in P.50 3-5 Year Strategic Plan ~- ~~ ""'" ~~ ......... -- The City Council also reviews annual reports to ensure that the City is applying its resources to meet community goals. These reports include the CAPER (Consolidated Annual Performance & Evaluation Report) for federal programs, the annual report for the Redevelopment Agency and the annual city audit. The City has established procedures that ensure City programs comply with federal program requirements and City policies. For agencies that receive CDBG, HOME and RDA funding, the City requires quarterly reports t6be submitted to ourCDBG Coordinator. These reports keep the City informed aboutthe progress agencies are making meeting their objectives. The City also conducts site visits and requires the agencies to submit an annual audit. With respect to construction projects{ theCity asks developers to submit proof of compliance with Davis-Bacon with each invoice they submit to the City. 3-5 Year Strategic Plan Monitoring response: 1. Describe the standards and procedures the jurisdiction will use to monitor its housing and community development projects and ensure long-term compliance with program requirements and comprehensive planning requirements. Monitoring (91.230) There are many delivery gaps in South San Francisco that cannot be overcome by working with other organizations. The one crucial gap that is beyond everyone's capability to overcome isthe lack of financial resources available to address all of the needs of low income persons. In terms of hiring{ procurement{ development and land purchase review; all of that is handledby the division of Housing and Community Development. The Public HousingAuthority (PH A) manages the 80publichousing units inthe city. Overcomingthe experience gaps within each group will require coordination and cooperation with other agencies or groups who have the necessary experience. South San Francisco is located in an urban setting that has a multitude of agencies and organizations with an abundance of resources. It is common for many organizations to contact one another to learn how to approach difficult issues. Often times, public and private agencies work together to combine their experience to bring a project to fruition. The private sector's role in the delivery of affordable housing is limited. Lenders are adept at funding projects and contractors are skilled at developing and rehabilitating housing. Their shortcoming is that they are often unfamiliar with the needs of lower income persons{ or with the limitations of those trying to provide services to them. Furthermore{ they are bound by the need to calculate profits and build based on the profitability of a development. throughout the County. The nonprofit agencies are only limited by the lack of funding available to serve all of the residents that seek their assistance. Error! Not a valid link. Error! Not a valid link. Priority Needs Analysis and Strategies (91.215 (a)) 1. Describe the basis for assigning the priority given to each category of priority needs. 2. Identify any obstacles to meeting underserved needs. 3-5 Year Strategic Plan Priority Needs Analysis and Strategies response: Analysis of Priorities phorities for the Strategic PlcIn are assigned based on datacLilled from local non- profit organizations, citizen participants,staffresearch of local studies and statistics. This information is used to establish a senseof the problemsfacing the community at the presenttimeand project which community developmentissues may occur in the foreseeable future. Eachyear, the data collected for the OneYear Action plan helps staffstay abreast of the most pressing demands of the city's extremely low, very low and low income residents in need of assistance. ".' ,... . - . Gaps in the DeHvery of Housing arid Services .... .._. .. .. -,.., ,,- ',' ....... ...-.. ...., ,......... .... .---..... ,-,... --- . .. ,.. -...... Therearemanyservice deliverYgapsin.Sol.lth5arl Francisco that cannot be overcome by working with other qrganizations.Theone crucialgapthat is beyond everyone's capability to overcomeisthelackofTe~ources available to address all of the needs of low income persons.' . . .. . lead-based Paint (91.215 (g)) 1. Estimate the number of housing units that contain lead-based paint hazards, as defined in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, and are occupied by extremely low-income, low-income, and moderate-income families. 2. Outline actions proposed or being taken to evaluate and reduce lead-based paint hazards and describe how lead based paint hazards will be integrated into housing policies and programs, and how the plan for the reduction of lead-based hazards is related to the extent of lead poisoning and hazards. 3-5 Year Strategic Plan Lead-based Paint response: The U.S. Department of Housing and Urban Development (HUD) promulgated new regulations on September 15, 1999 establishing requirements for. notification, evaluation and reduction of lead-based paint hazardsinJederally ownedresidential property and housing receiving federal assistance. The purpose of these regulations is to protect children under the age of six by eliminating or minimizing lead-based paint hazards in housing. The regulation significantly increases the quantity of testing and home maintenance, repair, or rehabilitation work that must be performed in a lead-safe manner. They also require lead hazard controls based on programs, which vary depending on the nature of the activity, amount of assistance, and duration of the relationship with the recipient of federal funding. l~f.II ~ /I :E"'HD.',J1l"Nt' ~1i:ilfl''''.''''~'f''''';t<~ :-"1 ~ _,Q_"~ -- ""~"-"'~D:lIIIJi ZIIo<~ 3-5 Year Strategic Plan 11 P.51 Error! Not a valid link. Error! Not a valid link. 12 P.52 3-5 Year Strategic Plan ... ......... 1/1,.",..."""'-...."""""_ ,~~ Ul..~~ ..... ......... - , Consumer Product Safety Commission, "What You Should Know About Lead Based Paint in Your Home: Safety Alert" CPSC Document #5054 Last, the City of South San Francisco conducts educational efforts to make residents more aware of the risk of lead paint and also collaborates with the code enforcement department. The City of South San Francisco will also continue to work with the County of San Mateo and other cities on the Peninsula concerning training. Further, the City will continue to work with other cities in San Mateo County and the County of San Mateo to make training classes available to city staff and contractors. Besides sharing information on training classes, the cities and County will to maintain a list of certified contractors and maintenance/rehab workers that can perform work for all the jurisdictions. The City will also encourage its regular contractors and their workers to become certified abatement workers/supervisors. Bid packages will include information about lead-based paint hazards and training available to contractors. Outreach efforts will also include letters, media publications and other direct outreach to the City's contractors and other potential contractors. First, The City of South San Francisco addresses lead paint hazards in all of it housing and commercial buildings. This helps prevents lead poisoning among tenants and residents. Actions to Reduce lead Based Paint HUD's new Lead Safe Housing Regulation tookeffecton September 15,2000. The County of San Mateo and the cities of South San Francisco, San Mateo, Daly City, and Redwood City worked together to submita Lead Based Paint Transition Plan to HUD and to implement the regulations by August 2001. South San Francisco has met this deadline and is in compliance with the regulations. Atthis time, it is assumed that roughly 5,000 homes in South San Francisco have lead based paint. According to the Consumer Product Safety Commission,about two-thirds of the homes built before 1940 and one-halfof the homesbuiltfrom 1940 to 1960 contain heavily leaded paint. Some homes built after 1960 also contain heavily leaded paint. It maybe on any interior or exterior surface, particularly on woodwork, doors, and windows. In 1978, the U.S. Consumer Product Safety Commission lowered the legal maximum lead content in most kinds of paint to 0.06% (a trace amount).l The San Mateo County Childhood Lead Poisoning Prevention Program has identified the City as a high-risk area. This designation is based on the City being in the upper 50th percentile for proportion of families living in poverty as well as the City's proportion of population under the age of six and proportion of housing stock built before 1950. Because of this situation, South San Francisco has been a leader in the lead abatement movement and was one of the first cities in the county to work on managing the process of lead abatement in houses and commercial builings. The City of South San Francisco is aware of lead paint hazards in its community because of the age of the existing housing stock, particularly in the historic downtown district. The City has become a model of how to manage the lead removal process in the county. Error! Not a valid link. Error! Not a valid link. Housing Needs (91.205) *Please also refer to the Housing Needs Table in the Needs.xls workbook 1. Describe the estimated housing needs projected for the next five year period for the following categories of persons: extremely low-income, low-income, moderate-income, and middle-income families, renters and owners, elderly persons, persons with disabilities, including persons with HIV / AIDS and their families, single persons, large families, public housing residents, victims of domestic violence, families on the public housing and section 8 tenant-based waiting list, and discuss specific housing problems, including: cost-burden, severe cost- burden, substandard housing, and overcrowding (especially large families). 2. To the extent that any racial or ethnic group has a disproportionately greater need for any income category in comparison to the needs of that category as a whole, the jurisdiction must complete an assessment of that specific need. For this purpose, disproportionately greater need exists when the percentage of persons in a category of need who are members of a particular racial or ethnic group is at least ten percentage points higher than the percentage of persons in the category as a whole. 3-5 Year Strategic Plan Housing Needs response: Citywide & Geographic Distributionof Moderate, low, ..8it Very Low-In.come People2 . . '.. U._ .'.,... ........ _... .... , .. ,. '. .. - - - - -,_. .. . . . .. - . .. - . -- -- ,_.. '.. . '.., . '.",,',_' ......., .... ..- ,-, .. .c...";.,,.. _ .,....- -,.., . Almost half of SCluthSan Frandscoresidentsare. at80% of the area median income (AMI) or below. These incomelevelsstand in stark contrastto the high cost of housing in the region and in South San Francisco.. . . . - 47% ofSSF residents are at 80% .AMIorbelow (includes moderate, low, and very low) 28,316 residents (21 % are specifically moderate income) -26% of SSFresidents are at50%AMI or below (includeslowandverylow income) 15,352residents (15% are specifically low-income..:.. 12(964) ... . - 11 % of SSF residents are at 30% AMI or below (includesvery low income} 6,374 residents . Certain Census tracks have a higher concentration of moderate, low, and very low income people, while others have lower. The above average concentrations of moderate, low and very low income individuals are on San Bruno Mountain along 101, the Old Town/Downtown area, and the Mayfair Neighborhood. The block groups with the highest percentage of moderate, low, and verylowincome people are in the Old Town/Downtown area. For this reason, many CDBG program activities are focused on the Downtown/Old Town area. This section of the town is comprised 2 Census 2000 Data on Moderate, Low and Very Low Income Family and Non-Family Households -- -- r 1" ~~...Ji .....~---~ ~ - - -- f, -----..... ~ 3-5 Year Strategic Plan 13 P.53 Error! Not a valid link. Error! Not a valid link. 14 P.54 3-5 Year Strategic Plan ;;;;;;; ~~ -=mr r.I.~ ~, ......... ",- 3 Census 2000 4 South San Francisco General Plan Housing Element 2002 5 Census 2000 6 Census 2000 Large portions of South San Francisco seniors are low income. Of South San Francisco households with householders 65-74 years old, 42% (1,052 households) are low income or below having an income of less than $35,000. Of households with householders 75 years old or older, 60% (1,208 households) have an income below $35,000 and are low income or below. The median income for households with a householder 65-74 years old is $39,968 - even foronlyone person in the household, this median income is below 60% of the area median income for the region. The median income for a household with a householder over 74 is $29,184, well below 50% of the area median income for a household of one.6 In 1996 there were 954 SSI recipients 65 and older in SSF. SSI is a needs-based program that pays monthly The elderly are a significant special needs group in South San Francisco. 28.4%of all SSF households include individuals who are 65 and over. 13% (7,632) of South San Francisco residents are over 65, and almost half have a disability. Countywide, the population of people over 75 has increased 34% since 1990. 5 Non-familyhouseholds are disproportionately represented among very low income households in South San Francisco in all census tracts except for 6021 (Old Town) and 6026 (Westborough).3 At the same time, housing costs become increasingly unaffordable for households as the number in the household increases. Theonly low income resident who would be ableto pay rent without paying more than 30% of their incomewould be a single person making doseto$30,000 a year and renting asingle room in a house for $700.00 per month. For households oftwo ormore, the fair marketrent gets increasingly larger than the household's ability to pay, to the point that the fair market rent to accommodate a family of 5 is $2,113, almost twice a low-income family of five's ability to pay for rent ($1,148). Moderate income households up to the size of 4 are better able to pay for rent. But moderate income households of 4 or more fall short of limiting the cost of housing to 30% oftheir income.4 Housing Needs of the Elderly Housing Needs of Small and large Families and Single People The following section discusses current income levels and ability to pay for housing compared with housing costs. Housing is classified as "affordable" if households do not pay more than 30 percentof income for payment of rent (including monthly allowance for water, gas, and electricity) or monthly mortgage (including taxes). According to the 2007 ABAG projections report, the 2005 mean income for South San Francisco was $89,100, lessthan half of the income necessary to buy a home worth $500,000. Ability to Pay for Housing by Household Size and Income Category largely of Hispanic renters and has the highest amount of children under the age of 18. Error! Not a valid link. Error! Not a valid link. benefits to persons who are 65 or older, blind, or have a disability. Seniors who have never worked or have insufficient work credits to qualify for Social Security disability often receive SSI benefits. Infact, 5SI is the only source of income for a number of low-income seniors. With the maximum monthly benefit currently $637 for an individual and $956 for a couple, SSI recipients are likely to have difficulty in finding housing thatfits within their budgets sincetheycouldafford to pay only $214 (individual) or $319 (couple) for rent if they spent a maximum oL30% o{their' income? . - There are 4,197 senior householders in SSF.. 26% (1,071)arerentersand74% c. (3,125) are owners. Elderly renters face severe housing costs on fixed incomes- 63% of SouthSan Francisco rentersovertheage of65 pay more than one-.thirdof theirincomes for rousing costs, upJrom 55%in1990..The City currently has senior housing developments at Rotary, Magnolia, Chestnut, Alida Way and Ageis. There are currently hundreds of seniors on waiting Jists for housing. Housing Needs of People with HIV I AIDSB There are only rough estimates of how many $outhSan Fr~nciscoresidents currently living withHIVjAIDS.lnSan Mateo County, there are 1,910 AIDS cases in.. the County (not including HIVcases),andtheSanMateoAIDSProgram estinlates . that 25% or 478 ofthose cases are fromSouthSanFranciscb.:Accordingt():San MateoCountyDisease Control, from Julyof2002 until February 28, 2003,there were 81 new cases of HIV in San Mateo County; ofthis2Tcaseswere in South San Francisco. Latinos are among the Jastest-growing populations with HIV, as seen n the hospital and clinics in San Mateo County.9 . Many ofthepeople living with AIDS in the County need financialand housing assistance in addition to. health services. San Mateo County Health Department HIV services program sees 554 clients peryear.In one year: 126 clients received Emergency Financial Assistance, the Food .Program served 238 clients, Community DentalCareservedB5 people/and Residential Services served 184 clients..San Mateo County services for people with HIV also includes substance abuse treatment on demand.'. ... . . .. ..... .. ... Women and African Americans are over-represented among people living with AIDS who are in economic hardship and need some form of social services from the county; In living AIDS cases, 84% are. male and 16% are female. In the County's primarycare services, the ratio is73%male and 27% female and in food services, the ratiois58%. male and 42 % female. While 64% of cu mulativeAIDS. cases and 58% of living AIDS cases were among Whites, they only make up 37%ofthose using theCounty'sprimary care services. African Americans .make up 18%of cumulative and 21 % of living AIDS cases compared to their percentage of 34%of the clients in the County primary care program and 50% of clients in the food program. African Americans make up just 3.5% of the County's population. There is a vastly disproportionate impact, as shown by the AIDS case rates by race and year of diagnosis, on the African American community. 7 South San Francisco General Plan Housing Element 2002 8 All Information from San Francisco HN Health Services Planning Council Minutes, May 21, 2001 Unless otherwise noted 9 The Independent Saturday, January 11,2003 "AIDS Rates for Hispanics on the Ride" by Sara Zaske t!1i!;!M' -=... illl:<l.EGlI '-"""'~l!1I:lr.. ~lli"liiif~ ::: , LAlm::.~= Ill~ .IDilllnl8l."il'il=W"~R~ ~...... II U.~ 3-5 Year Strategic Plan 15 P.SS Error! Not a valid link. Error! Not a valid link. 16 P.56 3-5 Year Strategic Plan ;; """"" ,- -. illIl-'~. ~~ll'I """ The South San Francisco Public Housing Authority submits a separate Consolidated Plan to HUD which is incorporated by reference. The 2008 South San Francisco PHA Agency Plan and the 2008-2012 South San Francisco Consolidated Housing, Economic, and Community Development Plan are consistent with each other. Housing Needs of Public Housing Residents and Residents on the Public Housing Waiting List and Public Housing Strategy The City provides CDBG funding to the Center forlndependence of Disabled to make accessibility modifications to enable persons with disabilities to stay in their homes or move to new housing. Additionally, the minor repair programs sponsored by the City provides assistance to persons with disabilities to undertake home repairs that increase access. South San Francisco does not have any affordable housing development built specifically for persons with disabilities, though some units at some of the affordable projects have handicap- accessible units. The Peninsula Association for Retarded Children and Adults (PARCA) provides housing for 11 clients and supplements the rent at four apartments at Peninsula Pines and a house in Westborough. Housing is a huge problem for most people with disabilities. Not only is there a scarcity of low-income housing located in each community, there is even less barrier-free low-income housing. For individuals who are receiving. a total gross income of$640on Supplemental Security Income (SS1), paying market rate for any type of apartment or house isavirtuaLimpossibility. There are 4,481 people in South San Francisco over the age of 16 with an employmentdisability, which may indicate a need for housing affordable to people who are unable to work due totheir disability. There are 4,669 people in South San Francisco over the age of 16 that have a go-outside-the-homedisability, which may indicate a need for assisted housing for thoseindividualsthatdo not live. with others who can help take care of their needs that require leaving the home. The South San Francisco 2002 General Plan Housing Element reportsthefollowing informationfrom serviceprovidersonthe need of people with disabilities: According to the 2000 Census, 10,044 people in South San Francisco have a disability. Almost 1in 5 South San Francisco residents between 21 and 64 years old have a disability. 43% ofthe elderly population in South San Francisco hasa disability. Housing Needs of People with Disabilities San Mateo has only in home hospice services and no residential care facilities. The Mental Health Association is their housing provider and the residential services are varied--shallow rent subsidies are one example. The county currently places H1V clients in non-H1V specific housing. Housing isa major problem in the County and San Mateo County has lost more clients to its housing crisis than to H1VjAIDS itself because people living with AIDS couldn't find Section 8 Housing. ELLIPSE, one of the service providers for people living with H1Vj AIDS in South San Francisco has also expressed the need for rental assistance specifically for people living with H1VjAIDS. Error! Not a valid link. Error! Not a valid link. The PHAConsolidated Plan indicates its efforts to meet the needs of families at or below 30% and 50% AMland families with a family member with a disability. The PHA waiting list was recently opened in March of 2008 for residentsto join. At this time, there are no available units. The majority of families on the waiting Iistare waiting for a two-bedroom and three-bedroom units.10 Housing Needs of Residents on the Section aWaiting lists Section 8 is administered by San Mateo County and the County cannot provide detailed statistics on South San Francisco residents on the Section 8 wait-list. The entire Section 8 wait-list for San Mateo County haslO,129 households on it. .Ofthis number, 523 households arecurrent SOuth San Francisco residents. On the entire San Mateo County Section 8 wait-list, 31 % of the households consistofone.person, 27%consistof 2 people, 18% consistof 3people,12% consist of 4 people, and 10% consist of 5 or more people. .. ... Housing Needs- Cost Burden,Over-Crowding, anclSubstandard Housing: Renters and Owners Cost Burden and Severe Cost Burdenll Many South.sa nFranciscohouseholds,andespeciallyrenters,elderly renters, and owners likely to have children at home,facethecostburdenof paying morethan. 30% of their income for housing costs. 43% of all renters pay more thanorie-third oftheir incomeJor housing costs. Elderly renters face severe housing costs on fixed incomes -63% of South San Frahciscorenters over the ageof65pay more than one-thirdoftheir incomes forhousing costs, up from 55%in1990? Overall,30% of homeowners in South San Francisco face cost burden. Homeowners between 25 and 44 facethemostcost burden, with 41 %ofthisagegrouppayingmorethan 30% of their.income for housing costs. Itisprobilblynot a.coincidencethat . . householders age. d 25 to 4.4. , whoa remo.st likely to have childrenu nder18i n.their' household, facetheworst cost~burdenarnong.homeowners.H.. .. .... .... ... .. . ... .. ....' .. ".- .......... ,........ ,...... .._-. .. ., .... ....., - ..... ..... ,.--., .... .... ,....... . . .._ ,.. ... -0-"- .... ',,_,_.. n_ __.. _._ . ,_ ." . ..--. ,..... .- .. .... ..---... . - . .. ....-. The sever~cost burden of paying more them 35% of household's income for housing expenses is a significantproblemin SouthSan Francisco. 26%(4702) households experience severe costburden.31 % (2296) ofa.1I renter households experience severe cost burden. The householder age groups facing the highest percentage of cost burden are the elderly -57% of a II renter households with a householder over 75 years old and 48%ofall renter households with a householder 65-74yearsold face severe cost burden. Ahighpercentage of young householders also face severe cost burden - 44% of all renter households with a householder 15- 24 years old face sever cost burden. Among owner households, 22% face severe cost burden;.' The householder age groups with the highest percent of households facing severe cost burden are households with householders who are 25-34 tears old -31 % face severe cost burden- and households with householders who are 35-44 years old -:- 28% face severe cost burden. Over-Crowding The U.S. Census defines an overcrowded unit as one with more. than one person per room, excluding bathrooms. 18% (3495) of all South San Francisco housing units 10 All information about the PHA comes from the 2000-2004 PHA Plan 11 All cost-burden data is from the 2000 Census unless otherwise noted. 122000 Census and South San Francisco General Plan Housing Element 2002 ~ili ......., : BAI=' - m:.!f:~:I- - -..;q- ~~~~ .-;mill!: ~-- 1-1:or; -11r 3-5 Year Strategic Plan 17 P.57 Error! Not a valid link. Error! Not a valid link. 18 P.58 3-5 Year Strategic Plan ~ ~...... -.- ... """ ~ ............. 13 City/County Association of Governments Census and Housing Data Source Book 2002 14 2000 Census 2. Provide an analysis of how the characteristics of the housing market and the severity of housing problems and needs of each category of residents provided 1. Identify the priority housing needs and activities in accordance with the categories specified in the Housing Needs Table (formerly Table 2A). These categories correspond with special tabulations of U.S. census data provided by HUD for the preparation of the Consolidated Plan. Priority Housing Needs (91.215 (b)) Because of the combination of all ofthese factors the City has designated the Old Town/Downtown asa target area needing special attention for theCity'shousing assistance programs. Given the largely Hispanicethnic composition of the neighborhoodr the City has made the assumption that Hispanics living in this the Old Town/Downtown area have a disproportionately greater need for housing services and assistance. On an aggregate level Census data for the City of South San Francisco does not demonstrate that any racial or ethnic group has a disproportionately greater (> 10%) housing need compared to thegeneralpopulation. Howeverr the City is aware that low income Hispanic residents residing in or near the Old Town/Downtown do infact have a disproportionately greater need for housing services. Homes in this area have high levels of lead based paint anda large amount of young children. City code enforcement activity in the area has beenhigh inthepast where many of the cases involve overcrowding and substandard. housing conditions. Housing Needs -DisproportionateNeeds by Race and Ethnicity (19r691) are overcrowded by this definition. Overcrowding is more prevalent in renter-occupied units. Overcrowded renter households make up 11 % of all South San Francisco housing units and overcrowded owner households make up 7% of all South San Francisco housing units. 11% (1351) of all owner occupied units (12r322) are overcrowded and 30% (2144) of all renter occupied units (7r369) are overcrowded. Error! Not a valid link. Error! Not a valid link. the basis for determining the relative priority of each priority housing need category. Note: Family and income types may be grouped in the case of closely related categories of residents where the analysis would apply to more than one family or income type. 3. Describe the basis for assigning the priority given to each category of priority needs. 4. Identify any obstacles to meeting underserved needs. 3-5 Year Strategic Plan Priority Housing Needs response: . .. '.' . ...... ... .-- .... ..", .... .-. '.--- ..... . _n....._. ... ..., ...... --... . .....,..." ..,., ,'".. .. . . .. ,_, '.n..... _ . "._'_ ,__ ". .'. . . -. --.- .. .. Based on theestimatesof housing needs and the analysis, theCity continues to makeit a priorityto: Increase, maintain and improve the supply of affordable. housing for very low, low and moderate income individuals and families. . 'n_. . . .._. .., " ..... - .", '. _c- ..... ',' . .'.,.....'0. .,". ,.__ _"',; . :.: .. .........,...-,c_.'. ',. _...... ._.,. .,," . ".," .,..,....:.,_...,.. .......,...;, ,-.,-", , ..,..'.... '.' . '_' . . ,"'-. ,"-, .._-. ... ..... .. -.-. -.-...., -,' ... .- ......... .-- - ... .-.,... . - - ., ,.. .. ,. ...,.... --., ... ... . .......- -- -..... ..." . .... .". .' --. .... ., ....,... ... "........ '" ....... -- .. Ma inActivities: New Construction,' Rehabil itation,Acq uisitionand Rehabm~ation,First:TimeHomeBuyerPrograms ... . . Main. Priority and Housing Needs Activities ..... .... -,.. ..., -. ..... . .... ....... ,., ,..,.,., .. -. The basis on whichtheCityset thE=phoritiesandobjecti\fesfor addressing housing needs is based on the preceding analysis. of. the city'shousingcharacteristics, .'- severity of. housing problems, residentandconlmunityagency input, and the heeds for eachcategory of resident. . . . . ... '.' . ,. ,. ..... .. . ..., .. ., . , .. .. . '" - .. ,. , .. -. - ,.... . - .. . .... . " ... - . .. - .... The City of South San Franciscoisabuiltout c:ommunity. Upwardsof40% of the .. land in the city is occupied by singlefamily homes. A mere 5% of the land in South San Francisco is vacant and much of it is unavailablefor development. The Area East ofUS,101 prohibits residential.developme'nt.Mostotthehousingstockin the was builtpriorto 1960. .. -,.. ,.., . --,. . .-. .... . ..... .. ........ The city adopted an InclusionaryHousing Ordinance in 2000 resulting in the development of nearly 200 BMRunits.Additionally,thecity's Redevelopment Authority sponsored the development of120newlowandvery lowincome housing units of which 70 are for sale townhouses ranging from 70.,...120% of AMI. Creating new construction projects is a challenge but the city will pursue all opportunities to sponsortheconstruction .of ne\^.lunits. .. . Theneed forthousands of housing unitsthat are affordable to working families is the greatest challenge facing the city in this decade. However,the lack of available land and theextremeJy high cost of new construction and the ,subsidies required to make market rate units affordable is prohibitive inthe current market. During the period between 1999-2005, the City of South San Francisco was ableto meet its ABAG obligations by building rental units with 72 for sale units at the South City Lights development on Gellert Avenue. Due to the high cost of land and a per unit development cost of $350,000 it is assumed that most opportunities for affordable housing will be limited. Forthis reason, the city has prioritized the acquisition and rehabilitation of existing homes. The HCD office has formed partnershipswith non-profits to assist in the process of rehabilitation which will meet city standards while still being completed quickly and Rl:m"";!"i:~!J'mM!alr~~.o1I1r.ll': t... "ilJ;iIi~ ~-Ml~I-.;r .....-..----'S!I:; -vq --' ;Nl1l- - 3-5 Year Strategic Plan 19 P.59 Error! Not a valid link. Error! Not a valid link. 20 P.60 3-5 Year Strategic Plan iiiiiiiiiiiiSi """"'" -- ... ...... .-- ~ """"' 1. Based on information available to the jurisdiction, describe the significant characteristics of the housing market in terms of supply, demand, condition, and the cost of housing; the housing stock available to serve persons with disabilities; and to serve persons with HIV/ AIDS and their families. Data on the housing *Please also refer to the Housing Market Analysis Table in the Needs.xls workbook Housing Market Analysis (91.210) The cost of construction adds substantially to housing prices as well. In 2007, the City estimated the construction cost for multi-family development housing at $350,000 for a typical two-bedroom unit. The principal obstacles for meeting the housing needs of .Iow income residents are market conditions,the lack of available resources, and regulatory constraints. Market conditions and lack of resourcesare the greatest obstacles to creating affordable housing. While governmental processing and fees add somewhat to the cost of housing, market factors such asthe cost of land, construction and financing playa much greater role in determining the amount and cost of new housing. The cost of land in South San Francisco is very high, due to its limited supply. Obstacles to Meeting Housing Needs The City's assessment of the priorities for housing needs is consistent with community and agency commentary. These priorities use the 2000 Census as well as other sources like ABAG as the foundation for setting the priority levels. In summary, the City gives high priorityto small- and large--related renter households and large related renter households that are below 80percent (80%) of median income. The City is also giving high priority to single individual renters earning between zero and thirty percent (0..;30%) median family income, and to homeowners earning below 80 percent (80%) median income. Medium priority is going to seniors earning 51 and 80 percent (51-80%) of median income becauseover the next five years several inclusionary below market rate units will become available that will be suitable for seniors at this income level. Medium Priority is also going to senior renters earning between zero and fifty (0-50%) of median income, although no specific goals have been set to build more housing for this specific group of seniors in the next five years because of the City's recent accomplishments creating a ... significant numberoflow- and very low-income senior units. However, this does not preclude the City from pursuing anotherlow-incomesenior rental project should an outstanding opportunity become available. The City is also giving medium priority to the housing needs of special needs groups earning zero to eighty percent (0-80%) of medianincome and single individual renters earning between 31 and 80 percent (31- 80%)of median income. Basis for Assigning Priority The City will continue to leverage limited CDBG funds and a significant portion of RDA funds, State bond measures and federal housing resources to continue aggressively pursuing housing opportunities in the city. efficiently. The Redevelopment Agency has purchased and manages 18 units of affordable housing which will be kept affordable in perpetuity. Error! Not a valid link. Error! Not a valid link. market should include, to the extent information is available, an estimate of the number of vacant or abandoned buildings and whether units in these buildings are suitable for rehabilitation" 2. Describe the number and targeting (income level and type of household served) of units currently assisted by local, state, or federally funded programs, and an assessment of whether any such units are expected to be lost from the assisted housing inventory for any reason, (i.e. expiration of Section 8 contracts). 3. Indicate how the characteristics of the housing market will influence the use of funds made available for rental assistance, production of new units, rehabilitation of old units, or acquisition of existing units. Please note, the goal of affordable housing is not met by beds in nursing homes. 3-5 Year Strategic Plan Housing Market Analysis responses: The City of South Scln Francisco has based its Consolidated Plan on market analysis of the City's Housing Element approved by the State of California in 2003. Information from the Housing Element is supplemented with Census data released after the drafting of the HoLlsing Element. ...... . ,--. It is .alsoimportant to note that much ofthis data has been culled from the 2000 census and therefore may not include more recent demographic shifts. Updated data from future censuses will be captured in the 1 year action plans for the City. PopulatiC)n,Employment, and Housing Trends ., - .. ". .... .. .. ..... ,- ..- -.... .--" HUD requiresthe market analysis to describe the significant characteristics housing market intermsofsupply,demand condition, and cost. It also requires a. review of housing stock available to serve people with disabilities andHIV/AIDS,how the City targets its housing prod uctionby income level and type of households, and whether any affordable units are at-risk of being lost from the affordable housing stock. Themarketanalysis is organized asfollows: Section 1:. Population, employment, and housing.trends Section 2: Housing and householc:lcharacteristics .. .....- ... --.. -,- '.. ... ... _.....-, ... ......."....-.... ...-, ..... ,', ....,............-.......",.,_..-..-" '.''''. ..... ..... ... ."..... .""- "'.. .,....... "".- ".m. .... ..., _...__,.. _.. '.'" ..._.._. .m...__.. .,._'...... ., . .... ... .. .... .. .__. ...... . ".' . - "__"""n... .... . . . ._.. n' ". . ___ .......... . ..... ..... . ..____ __......__... n._ .__.. . .... . .._., . _........... _.._.. ._.n. ... .n. __ '. _____.C.n.-. __.. _ .... ..,'" ."'.. ..,......'.. __ . ,. ,. . .- -....., . ....-- -. ... . . ...... ....... _._.... '" .. .'U__ .. _. . _ . .,._ _ .,_... __". ,........ . _ _... "",,_" .,...._ .n_._ _... . .... ,.. _ ...... _. . .... .. ... ..... ......_. _.... _. ...... , ... . . ... "..." .... .... --.,.... ........ ..-- ............. ,............" -- .--. ... ......,..,'.:.. ... .-- .. - .. ,...-- , ,. .. . .,'" _..__ .. _. ... _'.n" n' ._. , ....... .. c., _--.-., These'c. ha pters'd raw on a broa.dra rlg eof..i.nforl11ation.al....... sou rce.s. population, housing stock,and,ecorlOmicscornes primarilyJrom the 200QU.S. Census; the California Department of Finance/the Association of Bay Area .. Governments, and City of South San Franciscorecords. Information on available sites and services for housing comes from numerous public agencies. This section includes information on South San FranCisco's population and employment. The information is oriented to identify trends, potential shortcomings, and issues. .. Population Projections According to population projections produced by the Association of Bay Area Governments (ABAG) in Projections 2007, South San Francisco's population is expected to grow relatively slowly through 2020, with an average annual growth rate of 0.51 percent between 2000 and 2020. The city's population is projected to grow to over 69,000 by 2020, representing an increase of 7,500 residents fromABAG's ........." ~~0!HI3I ,..-- _._~ :J:lill"mW""'if4'~ lin;lil=f~l'IW'f-" ----- 3-5 Year Strategic Plan 21 P.61 Error! Not a valid link. P.62 Error! Not a valid link. ...,.., L... 3-5 Year Strategic Plan ,-- __.....,.".." !l.~i.........; ~~__. """'" ~A'f.Il!I:f>2.J:lf[I.DIllLlIl ..._~ - -..<lS'-..!ll;oll'i!m - 15 Association of Bay Area Governments (ABAG) 2007 Projections Number and Types of Units Housing Unit Mix And Household Size This section assesses current and projected housing and household characteristics, the condition of the housing stock, and the potential impact on future housing needs. This analysis identifies key trends that will affect both near-term and long-term housing needs. Housing And Household Characteristics Jobs/Housing Balance In the 1940s-1960s South San Francisco turned into a commuter suburb. In 1999, only 23 percent of employed residents worked in the city despite a surplus of jobs. Asa general trend, the city has added jobs at a faster rate than it has added population over the last 15 years. In 2005, there were 16,040 more jobs than employed residents in the city.15 This discrepancy is slated to reach 16,520in 2010. Some of this is likely due to the discrepancy between the high level of technical skills needed at many ofthe biotech companies located in thecity compared to the reality that less than 20% of residentsholda. bachelors degree orhigher level of education. In the future, the. City of South .san Francisco will become an even bigger commuter center due to the new ferry station being built on Oyster Point as well as the movement of the train station to a more amenable location which connect the downtown and the East-l0l sections of the city. Market rate housing has become a priority for the downtown area and will likely increase in the coming years therefore increasing the number of potential employees. Race and Ethnicity South San Francisco's ethnic/racial make-up is made primarily of Hispanics/Latinos (31.8 percent), Whites (30.5 percent), and Asians (28.6 percent). The city's largest ethnic/racial population consists of Hispanics and Latinos with nearly 32 percent of the city's population. South San Francisco also has a larger Hispanic/Latino population than surrounding communities such as Daly City, San Bruno, and San Mateo County. South San Francisco and Daly City are home to the largest population of Filipinos in the Bay Area, African Americans, Native Americi:/ns, Pacific-Islanders, and those of two or more races make up only 4. 7. percent of South. San Francisco's - . . . . . ' . entire population. Age of the Population Accordingto theABAG projects from 2007, iUs likely that the average age of individuals in San Mateo County will rise to 46 by the year 2035 from an average age of 38 in 2005. Between 1990 and 2000, the median age of South San Francisco's residents remained relatively constant, increasing from 35.1 in 1990 to 35.7 in 2000. estimated 2005 South San Francisco population of 61,700. Compared to its neighboring communities, South San Francisco ranks in the middle in terms of annual growth rates. Error! Not a valid link. Error! Not a valid link. The existing housing stock in South San Francisco is predominantly (over 70 percent) single-family dwellings.and has been that way since 1990. Apartment buildings with three to 49 units account for 20 percent of housing unitsf while 3 percent of units areJound in buildings with more than 50 units. . The remainder of the housing stock is made upofduplexesf mobile homesf and houseboats. Condition of the Housing Stock Information relating to condition of housing stockisfromthe 2000 Census. Ov~raHf South San Francisco's residential structures are in good condition. Ofthe .... 1f862 structures surveyedf87.3 percent were found to be in good conditionflO. 7 percent in fairconditionf and 2 percent in poor condition.16Applying these percentages to the city as a wholefsuggest thatapproxil11ately2fOOOunits need minor structural repairsf and 380 units need either major rePE!irs or replacement. (The low rate of demolitionsf averaging five peryearf indicates that relatively few units need to be replaced. ) The DowntownTarget Area is whereC()mrnunity concentrated.Jor rental and Household Composition Householdlncome A particularly pertinent issue for economic development efforts is the education and employment profile of South San Francisco residents.lngeneralf residentshave .' low. er.levels of e...d.ucational attainmentand hold lower level jobs than re.si.dents in th.. e Bay Area as a whole. This discrepancy is particularly notable with regard to executive and administrativejobs: South San Francisco has a much lower concentration of . residents with managerial positions and a higherproportionof residents in administrative positions than the region as a whole. . The most prevalent industries in which SSF residents are employed are transportationf retail tradef financef insurancef real estatef and manufacturing. The city has a low proportion of residents in nondurable goods manufacturing and professional services than the rest of the Bay Area. 16 City Windshield Survey, 1990. t~~.Il:.:J I --aoltllrilf' V'r"E~ - - -liilli:!ll -- - ..... -.--- --~- --~._~ 3-5 Year Strategic Plan 23 P.63 Error! Not a valid link. Error! Not a valid link. 24 P.64 3-5 Year Strategic Plan i.D ~~~ --~:os.~ Iii """"" - ........ Based on the estimates of housing needs and the market analysis, the City continues to make it a priority to: Increase, maintain and improve the supply of affordable housing for very low, low and moderate income individuals and families. 3-5 Year Strategic Plan Specific Housing Objectives response: 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the strategic plan. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve over a specified time period. Specific Housing Objectives (91.215 (b)) Targeting of Funds Most of the funding fOr affordable housing projects Will be used in. the downtown area. This section of town has theh ghest level of need in the City. At-Risk Units One of the City's main housing priorities is to:. Increase, maintain and improve the supply of affordable housing for very low, low and moderate income individuals and families. The City prioritizes affordable housing because of the huge need for affordable housing in our region, and in South San Francisco. At this time there are no at-risk units in the City of So.uthSanFrancisco. Some residents are more interested in purchasing an affordable home rather than renting. In this situation, the City works with organizations like First Home Inc. and Habitat for Humanity to help individuals find housing. First Home Inc. manages the City's affordable housing waiting list and provides information and education to potential home owners concerning the buying process. Most of these new owners are able to purchase their homes due to the City's first time home buyer program which provides low-interest loans so that potential owners can make a down payment on their new home. Habitat for Humanity also focuses. on low income residents with a desire to purchase their own home. Potential owners must put in 500 hours of sweat equity in order to receive their new home. The homes havevery small mortgage payments and there is no down payment. This year, four Habitat.. for Humanity homes were built in South San Francisco. The City of South San Francisco works hard to provide opportunities for citizens to find affordable housing. The Housing and Community Development (HCD) works with several non-profit agenciesto help residents find affordable housing. If an individual has limited housing opportunities, the office provides packets of information with data concerning available apartments in the county or directs them to the County for Section 8 Vouchers. The office also directs residents to groups like HIP Housing which supports a home sharing program. Affordable Housing Projects Error! Not a valid link. Error! Not a valid link. The City's assessment of the priorities for housingneedsisconsistentwith . community and agency commentary, These priorities use the2000Censusas well as other sources such asABAG as the foundation for setting the priority levels. The City is also giving medium priority to the housing heeds of special needs groups earning zero to eighty percent (0-80%) of median income and single individual renters earning between 31 and 80 percent (31-80%) of median income. ..... '. ...... -- . -- -... 1.1 The City is in .the . process of assemblingland.for potential>..... developments ........ .... .... ">d .' .............. ...../> .................. .............,. .... TheCityof5outh...San .Franciscohasworked hard to purchase' land .fordeveloPnlent inthefuture~ Because there is a serious paucity of availablelandwithiri the city, therehas been a movement tow a rds assembling lots.that could be puUoLlseat a later date for the development of affordable housi ng. ., Rental Housing Objectives The San Mateo County Consortium has determined that creating new affordable rental units is a high priority in San Mateo County. However, the high costor developing new housing and the subsidies needed to make .new units affordable to very low, low and moderate incomefamilies makes the construction of new affordable units very difficult. . In addition, there isalimited amount of land suitable for affordable housing development in South San Francisco. Forthesereasonsthe City will attempt to meet the housing needs of low and very .Iowincomeresidents by pursuing a strategy that includes thedevelopmentofnew units.andtheacquisition and rehabilitation of affordable u .- - . -. 1.0 New Housing Construction. .' .... . ......... ... ..> ... ...., "'.. .' ..... .,. .. Over the .next. five yea rs the City bel ieves. that. thereW.i II b~afew opportunities to create new affordable rental housing stock. ObjectivesLlandl.2desqIbe these. opportunities inmore detail below. TheCitywil1 continuetoagg~essively pursue . other opportunities to create affordable rental housing unitsi:ls they become available. .. ........_ __ _n_ _......., . ,.... .;-,. ',< ": ":-:"::-':-"-' .:::;' ,',.. ._--.' '" ..:." ',.' '" "-.,-.,."" .:.:.,.-::--..,--,>".-,.......-.--. .,:"-, '.. .> ...-...,' 1.2UndertheCity's 200/0 Inclusionary Housil1g'ordinancevarious. developers will making new affordable rental units available to residents at or below 800/0 of the area median income andtoresidents at or below 1200/0 of the area median income ............. . ....... ..in ...... ............ ..... '>i.. ............ No public funds will be used todevelopBMR units,which are developed at the cost of the housing developer. Although there are no newprojects taking place in the city the revolve around providing rental housing,withirithe next five years it is likely that developerswiIlbuild housing unitsthatcould potentially help provide additional . affordable housing. . 2.0 Acquisition and Rehabilitation The City will work with private rental property owners and non-profit organizations to identify suitable rental properties that can be acquired and/or rehabilitated to provide housing for low and very low income renters. The types of rental properties targeted will consist of 4 to 12 unit structures and/or residential hotels. The primary funding sources for rental properties will be HOME, CDBG, and RDA funds. Specific objective 2.1 is described in more detail below. The City will also pursue other opportunities to acquire and rehabilitate additional rental housing units as they become available. ~T l'U''(~ i1ll ~,,,,,-.,..- .u__________,_ *'".1............ T -a-"'-'" - 17 EIi!!I 3-5 Year Strategic Plan 25 P.65 Error! Not a valid link. Error! Not a valid link. 26 P.66 3-5 Year Strategic Plan iii ....... ...., ............... ........ 4.1 City-Sponsored Housing Rehabilitation Loan Program The Housing Rehabilitation Loan Program assists low and moderate income homeowners with housing repairs. The program is administered by the City's Housing and Community Development Division and is available in the Downtown/Old Town area and citywide. Overthe five year Consolidated Plan period, the City expects to rehabilitate between 15 and 25 homes of low and moderate income 4.0 Housing Rehabilitation The need for housing rehabilitation extends through all low-income categories and exists for both owner and renter occupants. According to the 2002 South San Francisco General Plan Housing Element, there are 2,380 housing units in need of rehabilitation in South San Francisco. According to the 2000 Census, 67% (13,565) units in South San Francisco are over30yearsold.Many of the units having housing problems are concentrated in the City's low-income neighborhoods. Objectives 4.1, 4.2, 4.3, 4.4,and 4.5 below describe specific programs the City has in place to address the housing rehabilitation needs of low -income homeowners. The City will pursue other rehabilitation programs as needs, resources, and opportunities arise. Such programs would be funded with either RDAor CDBG funds. 3.1 Under the City's 200/0 InclusionaryHousingOrdinance various developers will making new affordable ownership units available to residents between at or below 800/0 of the area median income and to residents at or below 1200/0 of the area median income No. public funds will be used to developBMR units, which are developed at the cost of the housing developer. .The City estimates that the .following project will create 70 new units in the next five years (specific annual goals are not possible to predict as they are dependant on many factors includemarket.conditions and construction schedules): South City Lights development: this new development is located on Gellert Ave. and is comprised of 1, 2 and 3 bedroom units. 3.0 New Housing Construction Over the next five years, the City believes that it will create new affordable ownership housing stock. There has been the development of new units constructed under the City's BMR program. Objective 3.1 describes this opportunity in more detail below. The City will also pursue other opportunitiesto create new affordable ownership housing astheybecomeavailable. Owner Housing Objectives 2.1 Downtown Affordable Housing Program _ The Downtown Affordable Housing Program is designed to provide affordable rental housing for low and very low income residents through the acquisition and rehabilitation of dilapidated housing stock in ornear the downtown. Of special interest are unoccupied Single Room Occupancy hotels and 4-6 unit apartment- buildings. The City conducts feasibility analysis ona regular basis to determine viability of acquisitions, and at this time specific annual goals cannot be set. Should an opportunity to create affordable units present itself, the City will immediately allocate as much as $500,000 to the project from RDA, HOME funds or CDBG funds. During the five year Consolidated Plan period the City anticipates rehabilitating 10 to 20 units. Error! Not a valid link. Error! Not a valid link. households (approximately 3-5 homes each year). Of the households assisted, most will be very low income elderly heads-of-household.Theprogram is funded with CDBG money. Loans are generally $20,000 to $35,000. .- 4.2. Emergency Code Violation Vouchers The Emergency Code Violation Vouchers program provides homeowners a grant of up to $2,500 to clear up code violations in their homes. Over the five year Consolidated Plan period, the program will assist 66 low-income residents (approximately 12 households each year). This program is asub-program of the City's Housing Rehabilitation Loan. Program (ObjectiveA.1) and. is.therefore funded with CDBG. '. 4.3. Debris BoxVouc:hers . The Debris BoxVoucher program helpslowandmoderate incomeresidentsin the Downtown/Old Town area and citywide remove accumulated debris and yard waste from their properties. Over the five year Consolidated. Plcln period the program will assist 50 households (approximately 10 households each year). This program isa sub-program of the City's Housing Rehabilitation Loan Program (Objective 4.1) and is therefore funded with CDBG. . -, ... 4.5 Rebuilding Together peninsula< ...> .... .. .. .. Overthe five2year ConsoHdatedPlanperiodRebuilding TogetheYPeninsula will rehabilitate 3 to 15 homes for low-=income South San Francisco homeowners. Rebuilding Together Peni nsul awil Laccom plisha II of-thereha bi I itationwork on one ..... day in April andwill use volunteer crews that include skilled labor. Rebuilding Peninsula is proposing that itwillserve 3 low income South San Francisco households each year. By using volunteer Jabor, Rebuilding Together Peninsula greatly leverages the CDBG fundstheCitywould use to support this program. 4.6 lFirstTime HomebuyerProgram .... . The City's FirstTime Homebuyerprogram provideslow-interest "silentsecond. loans" inwhich the City defers paymentsforfive years. The First Time Homebuyer program gives priority for loans to City employees. Loans range between $25,000 and $100,000 depending on need and income eligibility. Over the five year Consolidated Plan periodr the City expects to place 20-35 first-time homebuyer loans to residents earning below 80% and residents earning 80to120% of the area median income (approximately 4-7 loans annually). First time homebuyers will be able to use the City loans to purchase homes anywhere in the City or newly constructed BMR units created under the City's BMR ordinance. The program will also offer first time homebuyer seminars and individual counseling for prospective buyers. The program will be funded by RDA and CDBG funds which will be leveraged by Mortgage Credit Certificatesr State first time home buyer program funds/and private sector funds. .. . .,-. "...... , ....'.- ..,,,,.-, .......,. '-'-,-'.. , ,_ , "'.on_. ....... . ' ". "." "..- ......" -- ,-- , ".'" - .......... ,-,'., --.. ,..,.-" , . "" - , ..., .." ,-- .. .. ..... ,,_, "___.._n....'____ ..... .. ' "" -,.. - 4.4.Minor. Home Repair (Houseth!lpers) The Minor Home Repair Program provides home repairs for Very low income homeowners free Of charge. <The prOgram is administered by NorthPeninsula Neighborhood Services Center. Themajority6f households assisted willbe large families with small children and elderly femaleheads-:of..:household.Over the five- year Consolidated Plan period,NPNSC expects to assist200 very low income households in the Old TownjDowntownAreaand citywide (approximately 40 households each year). This program isa sub-prog'ram oftheCity'sHousing Rehabil.itation Loan Program (Objective 4.1) and. isthereforefundedwithCDBG. 2-. ."..& ---- - ~ ."'-_.--.....~.,..._~'E'...-"...'.-m~-..... <- ~~- ......"""""""".:-:~.l <11(- l~tij..i'.lr~t 3-5 Year Strategic Plan 27 P.67 Error! Not a valid link. Error! Not a valid link. 28 P.68 3-5 Year Strategic Plan :cll~ """"""'" ~ ... - 3. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation. (NAHA See. 105 (g)) 2. Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake to encourage public housing residents to become more involved in management and participate in homeownership. (NAHA Sec. 105 (b)(ll) and (91.215 (k)) 1. Describe the public housing agency's strategy to serve the needs of extremely low-income, low-income, and moderate-income families residing in the jurisdiction served by the public housing agency (including families on the public housing and section 8 tenant-based waiting list), the public housing agency's strategy for addressing the revitalization and restoration needs of public housing projects within the jurisdiction and improving the management and operation of such public housing, and the public housing agency's strategy for improving the living environment of extremely low-income, low-income, and moderate families residing in public housing. Public Housing Strategy (91.210) The South San Francisco Public Housing Authority published a year 2008 Agency Strategy report detailing the status and strategies of theestablished public housing programs. The Housing Authority does not have the ability to grant certificates for Section 8 housing orotherHUD programs but instead focuses on providing service enriched housing to moderate income, low-income and very low-income residents. The housing authority currently. manages 80 units which have 1 to 4 bedrooms per unit. In 1996, four of the units were remodeled and made handicap accessible. The Housing Authority of the City of South San Francisco provides a decent, safe and sanitary residence for the tenants. The agency goal is to keep the neighborhood safe, clean and quiet so that children may play outside. . 3-5 Year Strategic Plan Needs of Public Housing response: In cooperation with the public housing agency or agencies located within its boundaries, describe the needs of public housing, including the number of public housing units in the jurisdiction, the physical condition of such units, the restoration and revitalization needs of public housing projects within the jurisdiction, and other factors, including the number of families on public housing and tenant-based waiting lists and results from the Section 504 needs assessment of public housing projects located within its boundaries (i.e. assessment of needs of tenants and applicants on waiting list for accessible units as required by 24 CFR 8.25). The public housing agency and jurisdiction can use the optional Priority Public Housing Needs Table (formerly Table 4) of the Consolidated Plan to identify priority public housing needs to assist in this process. Needs of Public Housing (91.210 (b)) Error! Not a valid link. Error! Not a valid link. 3-5 Year Strategic Plan Public Housing Strategy response: The Housing Authority focuses solely on maintaining the 80 units of housing currently under its jurisdiction. The South San Francisco Housing Authority does not have the authority to issue certificates or Section 8 vouchers. Instead, In order to serve the needs of the community and reach as many residents as possible, . applicants are placed on the waiting list and assigned a selection criterion and given the following points, when applicable: Involuntarily displaced 5 points;Substandard housing 5 points; Rent burden 10points; Residency 30 points; Working family 20 points;ElderlyjDisabled 5 points;VeteransS points;Victimof Domestic Violence 10 points. By creating a system that assigns priority based onneeds and circumstances, the housing authority cre~tedafairsystem to helpthosein need of housing. . .... . A heavy focus is placed on maintaining the units and making them safe for children and families. Last yearl four of the unitswere made handicap assessable to better serve the needs of the disabled population. The housing helps mostly thoseinthe very low-income category. Becausethe solegoaLof the PHAisto manage and rehabilitate public housingunits,thereis.noreal strategy to encourage the residents to become. a part of themanagementprocess..Furthermore, very few.ofthese residents are in a place where they canconsiderpurchasing<ahome. Barriers to Affordable Housing (91.210 (e) and 91.215 (f)) 1. Explain whether the cost of housing or the incentives to develop, maintain, or improve affordable housing are affected by public policies, particularly those of the local jurisdiction. Such policies include tax policy affecting land and other property, land use controls, zoning ordinances, building codes, fees and charges, growth limits, and policies that affect the return on residential investment. 2. Describe the strategy to remove or ameliorate negative effects of public policies that serve as barriers to affordable housing, except that, if a State requires a unit of general local government to submit a regulatory barrier assessment that is substantially equivalent to the information required under this part, as determined by HUD, the unit of general local government may submit that assessment to HUD and it shall be considered to have complied with this requirement. 3-5 Year Strategic Plan Barriers to Affordable Housing response: While governmental processing and fees add somewhat to the cost of housing, market factors such as the cost of land, construction and financing playa much greater role in determining theamountandcost of new housing. The cost of land in South San Francisco is very high, due to its limited supply. The cost of construction adds substantially to housing prices as well. In 2007the City estimated the construction cost for multi-family development housing at $350,000 for a typical two-bedroom unit; this does not include the cost of land. The city has worked hard to streamline the building process to make developments and ADA improvements easier to manage. Strategy to Remove the Negative Effects of Public Policies ~ ili1"~~J:-~=ililI.~~lmili ii':JIf;;'~-:-ll ............_..4... ~-~-~___l/ZII 11. ~ Ill... :: 'oW" '"'ZB!I 3-5 Year Strategic Plan 29 P.69 Error! Not a valid link. Error! Not a valid link. 30 P.70 3-5 Year Strategic Plan ._- -='=~=>IIO'~'~ :i:l!SSIII """"" """"" ~~', Therefore, the City of South San Francisco recognizes in its Consolidated Plan that homelessness is best mitigated by a continuum of care approach conducted in collaboration with the County of San Mateo and other cities on the Peninsula. Together and with service and housing providers, every jurisdiction works through In South San Francisco it is difficult to estimate the number of homeless people due to the lack of comprehensive data. Therefore the City of South San Francisco relies on a variety of sources to gauge the number ofhomelessness people living in South San Francisco. Such information primarily comes from homeless counts conducted by the County of San Mateo Office of Homelessness. The homeless count by the County does not break out homeless by city because it is a regional issue that all cities on the Peninsula must address together given the resources available. As elseWhere Inthe nation, homelessness is usually the end result of multiple factors that converge in a person's life. The combination of loss of employment, inability to find a job because.of the need for retraining, and the high housing costs in this county lead to some individuals.and families losing their housing. For others, the loss of housing is due to chronic health problems, physical disabilities, mental health disabilities, or drug and alcohol addictions along with an inability to access the services and long-term support needed to address these conditions. Homeless Individuals and Families 3-5 Year Strategic Plan Homeless Needs response: Homeless Needs- The jurisdiction must provide a concise summary of the nature and extent of homelessness in the jurisdiction, (including rural homelessness and chronic homelessness where applicable), addressing separately the need for facilities and services for homeless persons and homeless families with children, both sheltered and unsheltered, and homeless subpopulations, in accordance with Table lA. The summary must include the characteristics and needs of low-income individuals and children, (especially extremely lOW-income) who are currently housed but are at imminent risk of either residing in shelters or becoming unsheltered. In addition, to the extent information is available; the plan must include a description of the nature and extent of homelessness by racial and ethnic group. A quantitative analysis is not required. If a jurisdiction provides estimates of the at-risk population(s), it should also include a description of the operational definition of the at-risk group and the methodology used to generate the estimates. *Please also refer to the Homeless Needs Table in the Needs.xls workbook Homeless Needs (91.205 (b) and 91.215 (e)) 1. Streamlining the development ofafixdable housing development 2. Waivers for some city development fees 3. The provision of state density bonuses Error! Not a valid link. Error! Not a valid link. the San Mateo County Homeless Continuum of Care Collaborative to address homelessness. For the entire County of San Mateo a count by the Corporation for Supportive Housing for the calendar year 2007 indicated thatthere are at least 6,646 unduplicated homeless people (based on a survey of 16 agencies serving the homeless). South San Francisco hasa homelesspopulCition of roughly 188 and97 of those are unsheltered according to the San Mateo County HOPE survey. Of the homeless population counted, 41 %were White (non~Hispanic), 17% were Hispanic/Latino, 31 %wereAfrican American, 1% were Native American, A%were of an other or mixed ethnicity,and5% wereAsianjPacific Islander.. There is nodataon the race/ethnicity of the specificSouth San Francisco homeless population. Of the homeless population,in is interesting to note that 27% have served in the Armed Forces. As the housing market crisis worsens, it is likely that the homeless . population will increase. The<homeless survey reported that 35% of those who are now homeless were renting an apartment before they became homeless and 54% of the survey respondents said that they werenotabletoget housing because they could not afford rent. '.. . .. . Families..a ndlndividuals At-Risk .Ho~eofHomelessness .. ,',,' -.' . ....,...- -..... ... '. .... .... -. Because ofhou sing cost bu rdens,clvercrowd i ngran-dsu bstandardhousi ngcond itiohs low and very low income individuals and familiesareat...riskof becoming homeless. It is difficultto estimate the numberoffamilIesand individuals facing the riskof . becoming homeless, but fromcontactwithnonprofitorganizations the City isaware of people facing this situation; North Peninsula Neighborhood Services Center reported that in a recent six-month period it provided delinquent rent assistance to 13 families.that requested assistance ($14,020), move in cost assistance to.l0 families requesting assistance C$11,274), utility bill payment assistance to 3 families. ($795), and housing counseling to 216Jamilies and individuals. The centerhas als? worked with residents to help enroll them in utilities discountprogramsand with" . . referralstoother agencies thatmightbe.ofservice.Theagency estimatesthat.itwill continue to request and provide these levels ofassistanc:e in the future giving the City a very limited estimate of the level. of need forfamiliesand individuals aLriskdof homelessness. Priority Homeless Needs 1. Using the results of the Continuum of Care planning process, identify the jurisdiction's homeless and homeless prevention priorities specified in Table lA, the Homeless and Special Needs Populations Chart. The description of the jurisdiction's choice of priority needs and allocation priorities must be based on reliable data meeting HUD standards and should reflect the required consultation with homeless assistance providers, homeless persons, and other concerned citizens regarding the needs of homeless families with children and individuals. The jurisdiction must provide an analysis of how the needs of each category of residents provided the basis for determining the relative priority of each priority homeless need category. A separate brief narrative should be directed to addressing gaps in services and housing for the sheltered and unsheltered chronic homeless. _<WO" 1 4 T'B.~ro~"p ~""""'--":."""""'~--~""'~'eC '1m} -~_ __,~~!Jmt ;II_~ 3-5 Year Strategic Plan 31 P.71 Error! Not a valid link. P.72 Error! Not a valid link. 32 3-5 Year Strategic Plan ~-~ ~. '-- -~ :si 1U!:_:lII:t!~~::=r'wslnl1ti~__~~ ~; 2. Emergency shelter and safe, decent alternatives to the streets. 1. Outreach, intake and assessment to (1) identify an individual's or a family's housing needs, and (2) link them to appropriate housing and/or service resou rces. The Continuum of Care is a strategicplan to organize and deliver housing and services to meet the specific needs of people who are homeless as they move to stable housing and maximum self-sufficiency. It includes action steps to end homelessness and prevent a return to homelessness. HUD identifies the fundamental components of a comprehensive Continuum of Care system to be: The Continuum of Care Collaborative assessment of the needs of homeless individuals.andfamiliesis consistent with community and agency responses gathered during the community needs assessmenfprocess. There were 64 residents who~ responded to the community survey ranked providing housing for the homeless as an important priority for South San Francisco. Providing shelter and transitional housing to homeless individuals and families was ranked as the second highest of six priorities by the community agencies that responded to the community agency survey. The community agency respondents also ranked providing transitional housing and services for families as a high priority. The agencies ranked providing transitional housing and services for individuals and providing emergency shelter for families and individuals as a medium priority. The basis for determining and assigning the relative priority to each homeless need is the relative supply and demand for each type of service. Other factors that influence the assignment of priority level is the urgency of the services provided as well as theresources available. For example, while the unmet need for job training is greater thanitis for transitional housing, higher priority is given to transitional housing because it necessary to stabilize an individuals housing situation before addressing his or her employment needs. The Continuum of Care Collaborative performed this level of assessment in orderto assign each need a priority level. The City's central priority for assisting the homeless population is described as follows: Provide servic:e-enrichedshelterand transitional housing for homeless individuals and families. Homelessness Strategy and. Priority Needs As stated before, both the City's strategy to address homelessness and the priority given to homeless needs is rooted in Continuum of Care approach conducted in collaboration with the County of San Mateo and other cities on the Peninsula. Every San Mateo County jurisdiction works through the San Mateo County Homeless Continuum of Care Collaborative with service and housing providers to address homelessness. 3-5 Year Strategic Plan Priority Homeless Needs response: 2. A community should give a high priority to chronically homeless persons, where the jurisdiction identifies sheltered and unsheltered chronic homeless persons in its Homeless Needs Table - Homeless Populations and Subpopulations. Error! Not a valid link. Error! Not a valid link. 3. Transitional housing with supportive services to help people develop the skills necessary for permanent housing~ . 4. Permanent housing and permanent supportive housing. Obstacles to Meeting Homeless Population Needs . , .. -. . - Severalobstacles will hamper theSan rv1ateo County Continuum of Care Collaborative's efforts to meetthe underserved needs of horneless families and individuals.Key among these isthe lackof available resources.. Besides.funding, other sources thatcouldhampertheCollaboratiye's abilityto meet homeless needs are lack a facilities, highcost of land and rents,cornmunityopposition to having homeless service sites situated in many areas, andthehighcost of providing ..... '.. ..... perm.an. e.. nt housing. T.he City.of..South S.an..F.r..a. nc.i...sco.w. ill.....conti.n. ue towor.k with. the... . San Mateo County Continuum of CareCoHaborativetoovercome theseobstaclesand attempt to increase services to the homeless population. Homeless Inventory (91.210 (e)) The jurisdiction shall provide a concise summary of the existing facilities and services (including a brief inventory) that assist homeless persons and families with children and subpopulations identified in Table lA. These include outreach and assessment, emergency shelters and services, transitional housing, permanent supportive housing, access to permanent housing, and activities to prevent low-income individuals and families with children (especially extremely low-income) from becoming homeless. The jurisdiction can use the optional Continuum of Care Housing Activity Chart and Service Activity Chart to meet this requirement. 3-5 Year Strategic Plan Homeless Inventory response: Survey. of Homeless Organizatic:ms17i ., .' '.--' . .....-....... '.. .. '. .... .. -... ..... .. .,--. Co nversati onswith org a n izationsoperati ngemergencysheiters and housing, and providing services in the area, reveal the following about population and services addressing homelessnessin SouthSan Francisco; St. Vincent de Paul Society, South San Francisco: This agency provides a meal program between 10:00 A.M. and 12:00 each day throughthe"Cafe St. Vincent" located at 344 Grand Avenue. .' . Staff described thei r clientele as needi ng su pport services - many suffer from mental illness and substance abuse. Besides the meal service, the St. Vincent de Paul Society provides referrals and can sometimes cover the cost of alcohol and drug rehabilitation services, and provide bus passes, shoes, short-term and emergency rent subsidies and other necessities. Safe Harbor, South San Francisco: This 90-bed shelter is located near the San Francisco Airport at 295 North Access Road. The shelter is operated by a San Mateo-based non-profit organization, Samaritan House. The director of the shelter J7 South San Francisco 2002 General Plan Housing Element -~ 1~1'-~.. ' """'q 1':.'S'llillli1li::li'liDlllf . ----.--V_&li~~LIfdIIlJB':~.matr.~ 3-5 Year Strategic Plan 33 P.73 Error! Not a valid link. Error! Not a valid link. 34 P.74 3-5 Year Strategic Plan iiiiiiiii _~~=-"""iI!!"_'lLJ __b...I!IIIll!llb.U!&.L~ ~L.~l! ----~I."IJIlL.~~~~ Two SRO buildings in South San Francisco have received City funding for rehabilitation and are restricted to occupancy by very low-income tenants. They are the Grand and the Metropolitan Hotels, which are comprised of a total of 82 units. North Peninsula Neighborhood Services Center, a nonprofit organization supported by the City, is able to refer homeless individuals to these hotels. Sinqle Room Occupancy Hotels . . Another source of affordable housing oftensoughtby individuals who cannot afford anapartmentor by local service agencies seeking to place very low-income clients are the single-room occupancy hotels (SROs) in South San Francisco. Currently (January 2002), there are 192 SRO units in the city. Generally, these facilities do not include bathrooms or kitchens in the units. The latter is one reason that St. Vincent de Paul staff report they see so many residents from the SROsin their dining room - this population cannot afford to eat out as well as pay rent. Human Investment Proqram (HIP Housing), South San Francisco: This San Mateo-based non-profit organization hasa satellite office in South San Francisco to conduct its Home Sharing program which provides assistance to low income people seeking permanent affordable housing by matching them with. roommates. The City of South San Francisco helps supportthis agency with Redevelopment Agency funding. North Peninsula Neiqhborhood Services Center, South San Francisco: This agency is the designated lead core service agency for South San Francisco and is one of the agencies providing initial screening and referral services for homeless people in the City. North PeninsulaNeighborhoodServicesCente~coordinate services in San MateoCountyandprovide case managementJor homeless families and individuals. This agency is partially supported by the CitythrOughCDBGfunding. The Salvation Army, South San Francisco: The Salvation Army is located at 409 South Spruce Avenue, and serves a hot breakfast to about 30 people every Saturday morning. In addition, the center provides emergency resources for nutrition and financial problems. The shelter serves only adults and is located in a dormitory-like facility with 45 bunk beds. It is open from 5:30 P.M. until 7:00 A.M., and staff provide a hot breakfast to guests. Bus tickets are provided, and Samaritan House operates a substance abuse treatment program as well as a variety of other support groups for homeless clients. Due to increasing and steady demand, Samaritan House also now keeps the shelter open year-round rather than only during the winter months. The City of South San Francisco helps support this agency with CDBG and Redevelopment Agency funding. reports that the facility is full every night. Referrals are obtained from local "core" service agencies throughout the County who make their requests through the St. Vincent de Paul Society. Safe Harbor shelter staff estimate that the shelter serves 55-75 South San Francisco residents each year. Error! Not a valid link. Error! Not a valid link. Homeless Strategic Plan (91.215 (c)) 1. Homelessness- Describe the jurisdiction's strategy for developing a system to address homelessness and the priority needs of homeless persons and families (including the subpopulations identified in the needs section). The jurisdiction's strategy must consider the housing and supportive services needed in each stage of the process which includes preventing homelessness, outreach/assessment, emergency shelters and services, transitional housing, and helping homeless persons (especially any persons that are chronically homeless) make the transition to permanent housing and independent living. The jurisdiction must also describe its strategy for helping extremely low- and low-income individuals and families who are at imminent risk of becoming homeless. 2. Chronic homelessness-Describe the jurisdiction's strategy for eliminating chronic homelessness by 2012. This should include the strategy for helping homeless persons make the transition to permanent housing and independent living. This strategy should, to the maximum extent feasible, be coordinated with the strategy presented Exhibit 1 of the Continuum of Care (CoC) application and any other strategy or plan to eliminate chronic homelessness. Also describe, in a narrative, relationships and efforts to coordinate the Conplan, CoC, and any other strategy or plan to address chronic homelessness. 3. Homelessness Prevention-Describe the jurisdiction's strategy to help prevent homelessness for individuals and families with children who are at imminent risk of becoming homeless. 4. Institutional Structure-Briefly describe the institutional structure, including private industry, non-profit organizations, and public institutions, through which the jurisdiction will carry out its homelessness strategy. 5. Discharge Coordination Policy-Every jurisdiction receiving McKinney-Vento Homeless Assistance Act Emergency Shelter Grant (ESG), Supportive Housing, Shelter Plus Care, or Section 8 SRO Program funds must develop and implement a Discharge Coordination Policy, to the maximum extent practicable. Such a policy should include "policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons." The jurisdiction should describe its planned activities to implement a cohesive, community-wide Discharge Coordination Policy, and how the community will move toward such a policy. 3-5 Year Homeless Strategic Plan response: Special Needs Populations To the extent practical, the City of South San Francisco has attempted to estimate the number of persons in various subpopulations in order to identify their needs. However, it is challenging to clearly assess how many people in South San Francisco fall into each sub-population. Below isa description of the City's best estimates of the special needs population, their needs, and priorities to address their needs. Much ~ r_'l'F~ -T~~'~---------- ___~r._1a;l ~.. ~ liT ~~'5ln ~ 3-5 Year Strategic Plan 35 P.75 Error! Not a valid link. Error! Not a valid link. 36 P.76 3-5 Year Strategic Plan - ~...;; ~- ..... ~ ~~ """" 18 Census 2000 19 ibid 20 South San Francisco General Plan Housing Element 2002 21 State of California Licensed Facility Search accessible at: http://www.ccld.ca.gov/ docs/ ccld _search! ccld _search. aspx Currently there are 48 state licensed residential care facilities for the elderly in South San Francisco with the capacity to house 507 seniors.2i Other services provide alternatives that enable seniors who would otherwise be forced to move into an assisted care facility to stay in their current housing. The City's Adult Day Care program provides a structured, supervised setting in which frail or chronically .ill seniors can participate in social, recreational, and educational activities as independently as possible. By sharing the care for frail or chronically ill low-income seniors, this service enables family members who cannot be full-time care providers to keep these seniors in their own homes rather than sending them to senior care facilities. The Housing Accessibility Program of the Center for the Independence of the Disabled helps eliminate architectural barriers and provides modifications such as There is a need for unassisted affordable housing for the elderly, assisted affordable housing for the elderly; and home rehabilitation and modifications that allow elderly homeowners to stay in their homes. It isvery difficulttodetermine whattheneed is for assisted housingfor the elderly. Among the elderly population in South San Francisco, ther.€ are. 6,229 disabilities.. 0.. f thesed.i..sa. b. i1it.. ies,. 2,3. 32 are either a. self- .. . .. ... .. . --.. . . . .. . . . care disability or ago-outside-the-home disability. It is likely that some portion of seniors who have these disabilities need supportive housing services. Large portions of South San Francisco seniors are low-income. Of South San Francisco households with householders 65-74 years old, 42% (1,052 households) are low income or below with an income of less than $35,000. Of households with householders 75 years old or older, 60% (1,208 households) have an income below $35,000 and are low income or below. The median income for households with a householder 65-74 years old is $39,968 - even for only one person in the household, this median income is below 60% of the area median income for the region. The median income for a household with a householder over 74 is $29,184, well below 50% of the area medianincomefora household ofone.19 SSI is a needs-based program that pays monthly benefitstopersons who are 65 orolder, blind, or have a disability. Seniors who have never worked or have insufficient work.credits to qualify for Social Security disability often receive SSI benefits. In fact, SSI is the only source of income for a number of low-income seniors. With the maximum monthly benefit currently $712, SSIrecipientsare likely to have difficulty in finding housing that fits within their budgets since they could afford to pay only $214 for rent.20 The elderly are a significant special needs group in South San Francisco. More than one quarter (28.4%) of all SSF households include individuals who are 65 and over. Thirteen percent (13%), or 7,632 of South San Francisco residents are over 65, and almost half of South San Francisco elderly people have a disability. is Elderly and Frail Elderly of this data has been culled from the year 2000 US Census Bureau report. Because the census is done every 10 years, much of this information may have slightly different numbers. Updated information will be reported in future 1 year action plans as it becomes available from the 2010 census. Error! Not a valid link. Error! Not a valid link. grab bars to make homes accessible for the elderly and.people with disabilities. The Second Harvest Food Bank provides seniors and disabled residents with weekly grocer{bags,assisting people for whom leavingthe house for food may not be possible. .. Disabled (Severe Mental Iilness, Developmentally Disabled, Physically .. Disabled) . " According to the 2000 Census, 10,044 people in South San Franc:isco have a disability. Almost 1 in 5 SouthSan Francis<:o residents between and <64yearsold have a disability. .. . . . ,..... ,. .... -,. . ...... -. ...... ..... . ,. ,.--- .-. We do not currently have data on thenurnbersof people in South San Francisco who have severe mentaL illness and may need supportive housing. There are 1,691 peopleoverthe age of 16 in South San Franciscowith developmental (mental) disabilitiesthat may have a need for supportive housing. There are 3,678 people in South San Francisco overtheage of 16 with physical disabilities who may need supportive housing. There are4,669 peopleovertheage of 16 withgo-outside-the- home disabilities, which may indicate aneed for assisted housing for those individualsthatdo not live withotherswhocan.helptakecareof their needs that requireJeaving thehome. . ... '.. . . . .. .....'.".. ,....".. ,'.-.... .c".. ".::'. _, '",.... ;': '-: '_."'_ ',C",::,"'. . c.. '.:<,', :.~ '_ ' .- ,.. '-.:: . :.',,' _, u . .::0. ,c'.''',' ;. '.. ',' -';':',. ,", ,'""",..." -_.....'.. _ "c';. . '. ;,"::_:: _ '" - : ,',': ',' ,: . -:. <:'.' ',' _. _ ',.' ',,:-', ,':,. ':""'. ....... ..:_.: :'. ..... ..'" "-'. ......... .......... ..".... ." ....... .... ....__.....____.... ...-.... ,O'.. ......". , .._ - . - .._ . .. .__ , ..... , .._.. -.-.. . ..' -....... . --- .O'-,.- ...__ ....._ '" _.. ..... .._ . .. _", - .. ,... -....., . . . - .......-.-,., .. .-.. -. ,..... ., --.. - . ... - .. - ..,.. . .... . ,.O' , .. __ , .O'. ....__._ - . ,... ._....... .. ........ . In additiontothedata available inthe.2000. CensLis,theCityofSouth .san Francisco Housihg Element reports the following informationfromservice providers on the.' needs of people with disabilities.andthe servicestbat their agencies pro\lide: . . . .. . -, .. .. . The State Independent Living Council's (SILC) 1998 report, Independent Living,"'. providesaperspectiveonthehousing needs. of persons with disabilities.SILC polled the independentliving centers acrossthestate todetermine the major factors that hinderpeoplewithdisa bilitiesfromlivingindependently... The SILt identified housing as a criticaLissuejasfollows:' .' . -. ...-- -.... ....., ..".-- - ............ ....-- - '-"-. .. "'_ _-'n"__ ,,' .. .;'_ n.. ' __... _... ......., ...... n. .....'-...., ,.. '..-".n........ .... __" __. _. ,. , .... ". ..". . Housing is. a:hugeprobfel11"formosfpeoplewithdisabilities. Not'only is there.... a scarcity of low-incOme housing located in each community, there iseve'nless. barrier,...free low-income housing. For individuals who are receiVing their total income from Supplemental Securitylncome{SSI}, paying market rate for any type of apartment or house is a virtual impossibility. ............ ...... '., .... e South San Francisco does nothave any affordable housing development built specifically for persons with disabilities,though someunitsat some of the affordable projects have handicap-accessibleunits.:The PeninsulaAssociation for Retarded Children and Adults (parca) provides hOllsingforl1c1ients and supplements the rent at four apartments at Peninsula Pines and a houseinWestborough. (parca also provides support, information) referrals/outreach, advocacy, and recreation opportunities to individuals with developmental disabilities and their families. The Cityprovidessomefunding forParca'ssocial services through its CDBG program.) .. '.: -,.:' The City provides CDBG funding tothe.CenterJorJndependenceof Disabled to make accessibility modifications to enable persons with disabilities to stay in their homes or move to new housing. Additionally, the minor repair programs sponsored by the City provide assistance to persons with disabilities to undertake home repairs that increase access. _~~t- !fi;.i1It~""'~"""~~IN~\fJ"~~T."""'~ W 1 ~ 'lIVV "ill' _.""""_........~._- - 1mlf'jH --;- ~ 3-5 Year Strategic Plan 37 P.77 Error! Not a valid link. Error! Not a valid link. 38 P.78 3-5 Year Strategic Plan =====-~ iB!:"- .,....,,-~, ""'" "'" ~- _>!J """"" """"""" 22 State of California Licensed Facility Search accessible at http://ccld.gov 23 Health & Quality of Life Report for San Mateo County. 2008 Community Assessment. Domestic violence isan ongoing problem in South San Francisco as in all communities. The Center for Domestic Violence Prevention estimates that there are thousands of cases of domestic violence each year in San Mateo County, andSouth San Francisco residents make up part ofthis number. Domestic violence survivors often need a supportive housing option in order to get out of the living situation in which they are experiencing abuse. CORA, an organization working to end domestic violence in San Mateo County, reported that in the 2004-2005 fiscal year, they provided emergency intervention, referrals and follow-up calls in response to over 2,600 domestic violence cases referred by the police departments of San Mateo County. Domestic: Violence Survivors San Mateo County has only in-home hospice services and no residential care facilities. The Mental Health Association is their housing provider and the residential services are varied-shallow rent subsidies are one example. The county currently places HIV clients in non-HIV specific housing. Many of the people living with AIDS in the County need financial and housing assistance in addition to health services~ San Mateo County Health Department HIV services program sees 554 clients per year. San Mateo County services for people with HIV include substance abuse treatment on demand. There are only rough estimates of how many South San Francisco residents are currentlY living with HIV / AIDS. In San Mateo County as of 2005, there were800 AIDS cases in theCounty (not including HIV cases).23 According to San Mateo County Disease Control, from January of 2005 until June2005, there were 32 new cases of HIV and 24 cases of AIDS in San Mateo County. People withHIV lA-IDS Most residential substance abuse programs serving South San Francisco residents are for homeless residents and are provided in shelters, although there are some residential and non-residential substance abuse programs for non-homeless residents in South San Francisco. As mentioned above, SitikeCounseling Center provides substance abuse counseling to approximately 65 South San Francisco residents each year. There are Jive residential substance abuse treatment facilities in South San Francisco, which in total have thecapacityto serve up to 40 people at any giventime.22 . Data on the number of people in South San Francisco with an alcohol, drug or other substance abuse problem is not available. Sitike Counseling Center, one of the primary substance abuse counseling centers in South San Francisco serves approximately 65 South San Francisco clients each year. This figure is probably only a small portion of people in the City with substance abuse problems because it represents people who have sought and received services. Persons with Alcohol/Other Drug Addictions Error! Not a valid link. Error! Not a valid linl{. Priorities And Goals For Special Needs Populations Based ontheestimates of special needspopulatioflsand the needs described by service providers, the City has set a priority to: Provide service-enriched housing opportunities for individuals and families with special needs including, but not limited to, seniors, peopie with physical anddeveloPl11entaldisabilities, domestic violence survivors, people with HIV1AIDS,andpeoplein treatment for substance. abuse. .. ... . . ... , ..- This central priority is divided into various specific priority levels to serve the special needspopulatio-nswith supportive housingasJollows:TheCitybelievesthat high priorityshoiJldbegiven to elderlyandfrailelderly,physically disabled, and domestic violencesurvivors..The City is alsogIyingrnedium priority to people with alcoholjotherarug addiction; people withHIV/AIDS, andto people with developmental disabilities. Low. priority is giventopopulationswith severe mental illness. ... .. . ..... .. .. - . . . ... . . . . Obstacles to Meeting Special Needs Population Needs .., . ,.,.. -0 .. . '. ." , -, - . '.. ..., ,..,.. . ., ,'., '." ,.. ....... - ". .,. ... .' .....- - .... ... .,' , - .. - .-- .- . -. .... . ... .,-. -, .,.. . .. ..., .-....-- .-- .. --... . ... ... ...- ., . .-. ... ..... - . , . ,_ . .. .... .n. _ _.. ".....,....... . '" ,. . ",... ,_..... .. _on... ._ ..'. :_,'" .... .. '.;' ',,' ."..._ '.' . .... .'..... "'.' . ., .,... . ,'.' ..".... Theiprimary'obstacleto meetingtheneedso(PClPulatiOns\Nith special needs is the lack of available funds. Other obstaclesinclu-desthe high 'cost of housin9,thelackof availability facilities andcenters.toservethe specialneedspoPljlations,thelirnited... . number of nonprofitagencies providing services forspecialneeds populations, and' the lackofinformation aboutthesepopulationsin South San Francisco. The City, howevet,will work with existing nonprofitagencies and with the avai.lable resources. to best meetthe needs ofspeciafneedspopul2ltions,_-' ... - ....- ,... . .. --... . ,.. .... . -.,-,. . - -, . .. ... . . Summary of. Specific Homeless/Special Needs Objectives . . '" ...,.. .,.. - -- ..,... ..,--... -.. ,-- '"-. .. .- ..,. ,--. --" ,-_.. -. _n . .. __ . _ "..".... ........ .. The City of South San Francisco has setfourspecificobjedives to. address" homeless. needs .and Jiv~.objectives to meet the needs of special needs populations , ., Foil owi ng '.. is adesffiption of these objectives' as vyelli:lsa description of how theCitywilLuse _ Federal ; State, loca l,and private resourcestoaddr~ss~he ne~dsjdentified for the -.. period covered by the Consolidated Plein." i--" ....'..".....'.'........'........n '.. .__.. ................__.... ....... ........... . '.. . '.',' '" ., ". ... ..... '. . '.' .. . :.'. .:. ',.,. ..' .~'. . -.., .......,. ........, .". . ...... ..-.... - '" ... ......... . .. -"..... .... . ..., ."', .. -.' -" . .... .. ,'". .., ,., ,. ... .. ,. The numeriC goals contained in thesepriorities are based ontheoneyear goals of each of the following programs.. Becausefunding decisions are madeannualIy as to which agencies will be fundedforthefollowing program year, it is possible that some ofthe numericgoals will shift over the five years if there are changes in which agenciesar~providing whichs~rvice.;;... . .. ......- ,., .._ .._n ,"on... ... '.. . ..__n............. ....... ..,......'...,,,...._....... ..__......._..........:_ ......... .... . .'. . . ..... ..,.'... -.'"...... '. ". ',..' ... . ...... .. . 1.0. Provide emergency and transitional shelter for families' It is the City's goals to provide funding to organizations that provide shelter, transitional housing, and servicesto homeless families, . ..., ......... . .. -... . ..--. ---, . ....----", ...., .". . --, --. ..... '-.-' . ..-. --....... -... ,,-- . . "........ . '"--.." .. ".'-' c .... .. ,__.._. - ",.....on... .. ... . '" ". .. .__..._ .. ._, . "... - ..,"" .:......".. . '''_'.,,',' ,:,. ..-n.... -: ...::....'__..n..:. '... -...-,.... .._n;'.:;..... "" ',,"', ',,- . ; .... .".. _. .,.._ .. .. -.. ''', --. ,'"_,,_c:,,' ... ....: A. Priority: Provide' service-enrichedshe..lte.r'andtransitional housil19 fG:tr homelessindividualsancLfamilies.-. ... .. . . 1.1. Shelter Network;... Crossroads Crossroads provides transitional housing and comprehensive support services to homeless. On-site services include support groups, job development and other individualized services to help families secure permanent housing. The shelter will serve up to 40 very low and low income families from South San Francisco over the -""~ ---'I'W"_ -'f--~" -YlWifi'" -..... - -m ...___~ 3-5 Year Strategic Plan 39 P,79 Error! Not a valid link. Error! Not a valid link. 40 P.80 3-5 Year Strategic Plan iiiiii!i ............... B. Priority: Provide service-enriched housing opportunities for individuals and families with special needs including, but not limited to, seniors, people 4.0. Explore the possibility of develop additional shelters for families, individuals, and youth Although there are currently no plansto develop new shelters inSan Mateo County, the City is prepared to continue working with the San Mateo County Homeless Continuum of Care Collaborative to address the needs of homeless. If, over the next five years, the Collaborative identifies options to create new shelters or transitional housing with supportive services for homeless, the City of South San Francisco will consider participating in the development or support of the shelter if it will serve families and individuals from South San Francisco. The City would use RDA or CDSG funding for this activity 3.0. Provide shared HousBngOpportunities-Human Investment Project .-.. -. .-.. --. .. .. (HIP) . .....< .... .. HIP offers affordable housing services including a home equity conversion program for seniors, shared housing referrals, life skills workshopsforsingle parents, an a homeless prevention program. HIP will provide referralsto as many as 700 households, primarily very low and low income households from South San Francisco over the five-year Consolidated Plan period (approximately 140 households annually). The City will fund this program with RDA funding. City funding will be leveraged by other Peninsula cities, private foundations, and private donors. 2.1. Shelter Network -Maple Street Maple Street Shelter provides transitional housing and comprehensive support servicesto homeless individuals. On-site services include support groups, job development and other services to help individuals secure permanent housing. The shelter will serve 50 very low and low income individuals from South San Francisco over the five-yearConsolidated Plan period (approximately 10 individuals annually). The City will fund this program with RDAfunds that will be leveraged by the County of San Mateo,other cities on the Peninsula, private foundations, and private donors. 2.2. Safe Harbor - Samaritan House Safe Harbor isahomeless emergencyshelterin South San Francisco operated by Samaritan House. Safe Harbor .provides shelter and food for up to 90 individuals countywide a night. In addition Samaritan provides several other services on site including drug education and counseling,'employmentandjob.development counseling, and health services. All of the individuals served at the shelter will be very low income. Safe Harbor will serve approximately 300 individuals from South San Francisco during the five-year Consolidated Plan period (approximately 60 individuals annually). The City will fund this program with RDA funds and possibly with CDSG funds. City funding will be leveraged by the County of San Mateo, other cities on the Peninsula, private foundations, and private donors. .. 2.0. Provide emergency and transitional shelter for individuals It is the City's goals to provide funding to organizations that provide shelter, transitional housing, and supportive services to homeless individuals. five-year Consolidated Plan period (approximately 8 households annually). The program is available to individuals citywide. The City will fund this program with RDA funds that wilL be leveraged by the County of San Mateo, other cities on the Peninsula, private foundations, and private donors. Error! Not a valid link. Error! Not a valid link. with physical and developmental disabilities, domestic violence survivors, people with HI" I AIDS, and people in treatmentfo.r substance abuse. 1.0. Provideacc::essibility modifications to the homes afelderBy and physically disabled residents . .. It is theCity/sgoals to provide funding to organizations that provide accessibility modifications to the homesof households inwhicha family member is physically disabled/ elderly/ or frail elderly. 1.1. Center for Independenceof.theDisabled(CID)-HousingAccessibility Program .. . .. ....... CIDhelpseliminatearchitectural barriersand provides modificationssuch as grab bars to make homes safer and more accessible for people with disabilitiesandjor the elderly.CID will serve upto150 very low and low income households;aHof whdare disabled-or frail elderly/ over the five"yearConsolidated .Plan period {approximately 30 householdsannuaHy). The program is available citywide. The City will fund this program with CDBG funds that will be I~veraged by privatefoundations/and privpte donors. .. . .. . - . '.. .... .... . - ...,....... .- ...-. ,"' -.-,- ,. .... ...... -.. .. .,......,.". ....-,,-. .......,........... "-,.. .....-.'.., .' -- .. ., n.... .. .....,.,.... . "__,m,_ _, ...._..,..... ,_ ... ........ '.... .." '... ..' ...,....., ,..____. ... _ ... ,..... .' . 3.0.. Assist person livil1gwilhHIV1AIDStoremain.in independent housing' It is the City/sgoals to provide funding to organizations assist persons living with HIVjAIDS reniainin independent housing situations. No programs have been .. identified to date but opportunitieswill be assessed on a yearto year basis. . '" - .. ..... , , . ... -- -."... . - ... ,- ...." -..... ...,_... -- --.." .... .... ........ . -- -. ".- ..- ,. ..... .._,.. --- . .... ..... ,.. - - ...---. ...... .. . ... . -, . - . -<"- ... ..... . ........ .--- ...., "'" . ....- '" .,- -.... ... -.....".... .., . -.. -... -.. .., ,_. ,.. ... ,.. 2.0. Provide ..emergencya ndtransitio~alshelterfor dornesticviolence. survivorsandtheirchildr.en., ..... ..... .' ................... ... .......................... ... .......... ... ..................,............ .... ItistheCity/sgoalsto provide fundingtoorganizati6ns that provide shelter; transiti9nal.'housingr and servlce~t??Ome~tic:.viOI.ence.survivors and.theirchildreh; . ,. " , -- :" < - . ,:.. .:, .- ' ,":,:- ':: :"- ' ,: - -.:. :',.:,," ':'" ':" '::,.:':' ': -, :_: :'''- - :""-:"~:':' :':--"' -::': ,-- -- '-~ -::.~:-~:.. -' '", : :- ":":':' : -- ,-.,-: '.. ' 2.1. Center for Domestic Violence Prevention.... .' ................... ..... ...........> . CDVP provides shelterfordomesticviolencesurvivorsaridthelr childrenas.wellas food/ clothing/ counseling and legal services.. Services are provided in English/ . Spanish/and Tagalog. The Centerwillprovideshelterfor 3Sfamilies over the five- year Consolidated Plan period (approximately 7householdsannually). The City.will' fund this programwith CDBGorRDAfunds thatwill be leveraged by the County of San Mat~%thercities_con-m~.Pen.i.nsula/.priVC3tefoundations/and private donors. -" 4.0. Assist organizations providing substance abuse services . . . ..... It is the City/s goalsto provide support to nonprofit agencies providing substance abuse services and counseling. The..City/sg6alis to support nonprofit agencies serving at least 150 individualscitywide over the five-yearConsolidated Plan period (at least 30 individuals annually};. The City will fund this type of program withCDBG funds that will be leveraged . by private foundations/. and private.donors. 5.0. Services for the developmentally disabled It is the City/s goals to provide support to nonprofit agencies providing services to the developmentally disabled andtheirfamilies. The Cit{s goal is to support nonprofit agencies serving approximately 25 individuals citywide over the five-year Consolidated Plan period (approximately5 individuals annually). The Citywill fund this type of program with CDBG funds that will be leveraged by private foundations/ and private donors. ~ii2l:~Iem:I&! ......."..... - --...- ~ W'"V"--_-' ---~~~-rn'illi' :lIl"1~'-.cl 1iIll!2 l..'iAin= 3-5 Year Strategic Plan 41 P.81 Error! Not a valid link. Error! Not a valid link. 42 P.82 3-5 Year Strategic Plan :=u--- _ -~ ~~ ~..........~-~ is!ii!IiJlIiIli _._- --. The City is assigning medium priority to Neighborhood Facilities, Park and Recreation Facilities, Historic Preservation, other Public Facilities, Water/Sewage Improvements, The City has assigned priority levels to the City's non-housing community development needs as follows: The City is giving high priority to Homeless Facilities, Youth Centers, Child Care Centers, Health Facilities, Infrastructure Needs, Senior Services, Youth Services, Childcare Services, Substance Abuse Services, Employment Training, Health Services, Lead hazard Screening, and Rehabilitation of Commercial and Industrial Buildings. 3-5 Year Strategic Plan Community Development response: NOTE: Each specific objective developed to address a priority need, must be identified by number and contain proposed accomplishments, the time period (i.e., one, two, three, or more years), and annual program year numeric goals the jurisdiction hopes to achieve in quantitative terms, or in other measurable terms as identified and defined by the jurisdiction. 4. Identify specific long-term and short-term community development objectives (including economic development activities that create jobs), developed in accordance with the statutory goals described in section 24 CFR 91.1 and the primary objective of the CDBG program to provide decent housing and a suitable living environment and expand economic opportunities, principally for low- and moderate-income persons. 3. Identify any obstacles to meeting underserved needs. 2. Describe the basis for assigning the priority given to each category of priority needs. 1. Identify the jurisdiction's priority non-housing community development needs eligible for assistance by CDBG eligibility category specified in the Community Development Needs Table (formerly Table 2B), - Le., public facilities, public improvements, public services and economic development. *Please also refer to the Community Development Table in the Needs.xls workbook Community Development (91.215 (e)) 3-5 Year Strategic Plan ESG response: I No Response Required (States only) Describe the process for awarding grants to State recipients, and a description of how the allocation will be made available to units of local government. Emergency Shelter Grants (ESG) Error! Not a valid link. Error! Not a valid link. Sidewalks, Solid Waste Disposal Improvements, Flood Drain Improvements, Handicapped Services, Transportation Services, Crime Awareness and Prevention, Economic Development Assistance to For Profits, Economic Development Technical Assistance to Businesses, Micro-Enterprise Assistance,. Infrastructure Development Projects, and Planning. .. ",." " .- -'.' .<< ",' ,". ,'; ,C' .,:,:....'., Several obstacles exist thatwnr hamper the City from meeting its noh-housing community development needs. Key among these is the lack of available resources. Besides funding, other sources that could hamper the City include the lengthy regulatory requirements the City must follow for all construction projects including environmental requirements, the lack a facilities, the high cost of land and rents, and community opposition to various types of projects. The City of SouthSan Francisco will continueto work with various entities to overcome these obstacles and'meetthe n9n~housingcommunity.development Ileeds existinginth~comll1unity; The City is giving Low priority to Senior Centers and Handicapped Centers because the City has a number of senior centers and .serves these populations in its regular community centers, and the City does not have the resources create more centers that would be limited to serving only one special peedspopulatiqn. Obstacles To Meeting Community Development Needs " .- . -. .'. . -..: "'.. ..,..,.. --. .. ...,...... ,.. .,. u, ... . ...._ . ....... '. . ... ,. , ,- .-" ... - '. Community Development Objectives 1.0. Priority: Sustain and increase the level of business and economic adivityin.areasthat serveer have a high pf!rcentageof low-income residents. ...... ... . .. .' The City's economic andcommunitydevelopmentstrategyforDowntown includes. structural improvements to maximize the use ofcommercial buildings and fa <;;ade improvement assistance for businesses. 1.1. City-Sponsored Commercial Rehabilitation The City-Sponsored Commercial Rehabilitation provides financial and technical assistance to property owners undertaking structural, fa<;;ade and business sign improvements to their buildings. These improvements help owners increase the use of their commercial buildings, and improve the appearance of the downtown. The City plans to assist 20-30 businesses inthe Historic Downtown district over the Jive- year period of the Consolidated Plan (approximately 4-6 businesses annually). The program is funded through CDBG and is leveraged by owners' funds and RDA funds. - _~"r -::!:l - - -{a~ Iii U'om--.r--._- 1iIG'QSI:Z ~~ - .... 3-5 Year Strategic Plan 43 P.83 Error! Not a valid link. Error! Not a valid link. 4.:1 P.84 3-5 Year Strategic Plan ~-~ ~ ~1 - - ~ .... ......... """"'" 3.0. Priority: Provide core public services activities to improve the quality of life for low-income individuals and families, including those at risk of becoming homeless and special needs groups. To meet the public service needs of low-income residents, the City proposes to fund nonprofit agencies and organizations that provide childcare, senior services, general 2.3. Preserve and improve public infrastructure inlow-income neighborhoods or serving a high percentage "of low-income residents Programs are needed to alleviate blighting conditions in public infrastructure. Commuter and through traffic in the Project Area 'is rapidly approaching a pressure point due to shifting land uses, diversification of the economic base and the corresponding mobility needs of City residents, workers and visitors. Inadequate access and traffic congestion are problematic at various points in the Downtown. The city does have plans to build a new parking structure and is considering sites for market rate housing development. 2.2. Preserve and improve publicly owned facilities serving the public Many ofthe Downtown's public facilities are in l1eed of improvement. The City's activities over the five-year planning period indudeimprovement of parks, transit and other public facilities, which will have a positive impacton the physical environment andserveas a catalyst for private investment in the Downtown and in improved services for low income residents residing near the, Downtown. ,The City plans to improve 1-5 publidyowned facility over the five-year period of the " Consolidated Plan (approximately 0-1 facility annually). The program is funded through CDBG andean be leveraged by RDA funds. 2.1. Assist nonprofit agencies preserve and improve facilities serving the public Many nonprofit agencies occupy buildings that are not in optimal condition, or are inadequate to serve, theirdients. Problems can include such items as inadequate accessibility for persons with disabilities, ,inadequate private space "for meeting with clients, dilapidated structures, and othersafetycode issues that need addressing. The City provides assistance to nonprofit agencies in conjunction with other jurisdictions to make improvements to nonprofit agency facilities. The City plans to assist 3-5 organizations citywide over the five-year period ofthe Consolidated Plan (approximately 0-1 organizations annually). ' The program is funded through CDBG and can be leveraged by the organizations' funds and RDAfunds. 2.0. Priority: Preserve and improve public: facilities that serve a high percentage of low-income residents. Disabled access modifications and comrriunityfacility rehabilitation are undertaken to improve facilities used by the low and moderate income community in South San Francisco. High priority is given to homeless facilities, youth centers, childcare centers, and health facilities. 1.2. Job Training Activities Job training activities occur as supportive services in many of the homeless emergency and transitional shelters that serve South San Francisco residents. Although there are currently no CDBG funded job training activities planned for the non-homeless population, the City wants to address the pressing needs of residents for job training. If over the next five years, the City identifies options for supporting job training services, the City would consider using CDBG tofund this activity. Error! Not a valid link. Error! Not a valid link. social services, battered women services,disabled services, youth services, and health services. 3.1. Childcare Assist organizations providing childcare through a varietyof methods. Servicesmay include short-term childcare for children who are at risk of abuse, neglect or exploitation due toa temporary family crisis, organizations that operate preschools centers, before- and after-school sites, summer camps and a vacation program. The City will use CDBGfunding to support nonprofit and public organizations that will provide childcare services for 1140 household~ overthe five-year period ofthe consolidated plan (approximately> 228 households annually}. City funding will be leveraged by other public funding, private. foundations, and private donors. 3.2~Senior Services Assist organizations providing very low-income seniors and disabled residents with a variety of services. Services may include weekly grocery bags, senior day-care and other senior services. The Citywill use CDSGfundingtosupport nonprofitand public organizations that will provide .senior services for 1550 households over the five-year periodoftheconsolidated plan (approximately 310 households annually).'. City funding will. be'leveraged by otherpublicfundirig,private foundations, and private . dono~. ." . ". 3.3. GeneraftSocial Services. ....... ....., .... >. '.' ..'.. ........ . . Assist organizations providing socialservicesforthose in immediate need. Services include provision of food, medical and dental services, dothing, shelter, literacy, substance abuse treatment, transportation/assistance with'rentalsecurity deposits, payment ofPG&E bills toavoidserviceinterruptions,>andcrisisintervention. The. City willuseCDBG funding to supportnonprofitorganizations that will provide general social.services for 6475 households over the five-year period of the consolidated. plan. (approximately 1295 hquseholds'annually)..Cityfundingwillbe leveraged by otherpublic funding, p~ivate foundations, and private donors. 3.5.DisabledServices . . ..... Assist organizations providing supporfforindividuals with HIV/AIDS and individuals with developmental disabilities and their families. The City will use CDBG funding to support nonprofit organizations that will provide disabled services for.100households over the five-year period of the consolidatedplall (approximately 20 households . annually). City funding will be leveraged by other public funding, private foundations, and private donors. . 3.4. Battered Women's Services ..' ..' ...... .. ...... ........ . '. '.' .............. . Assist organizations providing information, 'resources, and supporttodomestic '. violence and sexual assault survivors and theirchildren. The City will use CDBG funding to support nonprofit organizations that will provide batteredwomen's services for 1735 households over the five~year period of the consolidated plan (approximately 347 households annually).. City funding will be leveraged by other publicfunding, private foundations, and private donors. . 3.6. Youth Services Assist organizations providing services such as new clothing or programs to improve parenting skills and increase school performance. The City will use CDBG funding to support nonprofit organizations that will provide youth services for 940 households over the five-year period of the consolidated plan (approximately 180 households ~,."..__...._~... ""~~~'lii::EliII:II~t.j.~- -"~.~ra ~ 1;j- ~=.~ III bDiir',;JT;IHG2! EE~DlS" II iTii ;l _..~ 3-5 Year Strategic Plan 45 P.85 Error! Not a valid link. Error! Not a valid link. 46 P.86 3-5 Year Strategic Plan a ~~- 1 -~ ......... ---- ~ - The City of South San Francisco has a multifaceted approach to reducing the number of families living in poverty. First, City participation in the acquisition, construction or rehabilitation of affordable housing is contingent upon restricting rents to 3-5 Year Strategic Plan Antipoverty Strategy response: 2. Identify the extent to which this strategy will reduce (or assist in reducing) the number of poverty level families, taking into consideration factors over which the jurisdiction has control. 1. Describe the jurisdiction's goals, programs, and policies for reducing the number of poverty level families (as defined by the Office of Management and Budget and revised annually). In consultation with other appropriate public and private agencies, (i.e. TANF agency) state how the jurisdiction's goals, programs, and policies for producing and preserving affordable housing set forth in the housing component of the consolidated plan will be coordinated with other programs and services for which the jurisdiction is responsible. Antipoverty Strategy (91.215 (h)) 3.0 Green Building The city has embarked on an effort toincreasetheamount of green products used in the construction of affordable housing. This has the possibility of lowering the costs of housing for low income residents who could see lower utility bills.. In addition, these productsare healthier for residents. TheHCD office plans to add "green" light bulbs to all city owned units and replace older washing units with energy efficient models in the next 5 years. 2.0 lead-Based Paint Abatement The City works with other jurisdictions in San MateoCountyto address lead-based paint hazards. Some of these collaborative lead-based paint abatement activities include: making training classes available to citystaffand contractors, maintaining a list of certified contractors and maintenance workers,and outreach concerning lead- . based paint hazards. . 1.0 Fair Housing The City continues to work ':0 overcome housing discrimination by contracting with Project Sentinel to assist residents with housing discrimination complaints. The agency provides counseling and advocacy in issues of fair housing and housing habitability. They plan to serve an estimated 930 residents over the course ofthe next5years. As required by HUD, the City of South San Francisco undertakes lead-based paint and fair housing activities. Green building will also become a major focus in our development strategy for the City. Other Objectives annually). City funding will be leveraged by other publicfunding, private foundations, and private donors. Error! Not a valid link. Error! Not a valid link. affordable levels for low income residents for an extended period of time (30 to 40 years). This helpsTeduce the number offamiliesliving in poverty by decreasing one of their largest expenses, rent, to a reasonable level. Additionally, the City's housing rehabilitation loan programs offer lowand moderate income .homeowners the opportunity to bring their homes up to current building standards by providing low- interest loans, which facilitate upgrades in a manner that does not burden the family budget, Second, the City has recently adopted an inclusibnaryhousing ordinance that requires developers to make twenty percent(20%} of all new housing units.inthe City affordable to. moderate income families:AILof theinclusionary units must be affordable to families at or below 80% or ator below 120% of the area median income as stipulated in the inclusionary ordinance. .. Third, efforts to improve the historic downtown business district provide property owners with an opportunity to more effectivelymarkettheir services. In addition to providingassistanceJorimprovingcommerdal fa<;ades,the City actively works with the South San Francisco Chamber of Commerce to meet the needs of downtown businesses and to promote the area. These activities help create a more vibrant business community and new jobs for City residents. .... . ...... ... - .. .. ... . . .- ... '. "-- - - . .... .. .. .'. .-.. -. "'.- ".- -. .. - .. . . .-. . . .. . .. . . . .. ,-. - - . . - ... .. - - -. '.,' ,- .... -- --- . '.-, ",...... . . Fourth, theCityfunds many non-profit agencies whose services help low-iilcome residents. For example, byprovidingchildcare subsidies, the City isableto help low income adults work or study while their children are ata childcare center. Similarly, by providing funding to an adult literacy program, the City is able to help residents find employment they may not have beEmable to secure before knowing how to read. .. Through this multitude of efforts, the Cityiscontinuallyworking to help reducethe number of families living in poverty. . low Income Housing Tax Credit (lLIHTC) Coordination (91.315 (k)) 1. (States only) Describe the strategy to coordinate the Low-income Housing Tax Credit (LIHTC) with the development of housing that is affordable to low- and moderate-income families. 3-5 Year Strategic Plan LIHTC Coordination response: I No Response Required Specific Special Needs Objectives (91.215) 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve over a specified time period. 1fEi6ifl?" -Y--"'i~~"""'~'!!o"''''' ~~-~ ~~ - ~......- ~~W":"'=.,I;I=: w II. .~ 3-5 Year Strategic Plan 47 P.87 Error! Not a valid link. Error! Not a valid link. 48 P.88 3-5 Year Strategic Plan iii ~__ ~_n~.~_~~~ """"" ..... 5. To the extent information is available, describe the facilities and services that assist persons who are not homeless but require supportive housing, and programs for ensuring that persons returning from mental and physical health institutions receive appropriate supportive housing. 4. Identify any obstacles to meeting underserved needs. 3. Describe the basis for assigning the priority given to each category of priority needs. 2. Identify the priority housing and supportive service needs of persons who are not homeless but mayor may not require supportive housing, i.e., elderly, frail elderly, persons with disabilities (mental, physical, developmental, persons with HIVjAIDS and their families), persons with alcohol or other drug addiction by using the Non-homeless Special Needs Table. 1. Estimate, to the extent practicable, the number of persons in various subpopulations that are not homeless but may require housing or supportive services, including the elderly, frail elderly, persons with disabilities (mental, physical, developmental, persons with HIVjAIDS and their families), persons with alcohol or other drug addiction, victims of domestic violence, and any other categories the jurisdiction may specify and describe their supportive housing needs. The jurisdiction can use the Non-Homeless Special Needs Table (formerly Table lB) of their Consolidated Plan to help identify these needs. *Note: HOPWA recipients must identify the size and characteristics of the population with HIV/AIDs and their families that will be served in the metropolitan area. *Please also refer to the Non-homeless Special Needs Table in the Needs.xls workbook. Non-homeless Special Needs (91.205 (d) and 91.210 (d)) Analysis (including HOPWA) The numeric goals contained in these priorities are based on the one year goals of each of the following programs. Because funding decisions are made annually as to which agencies will be funded for the following program year, it is possible that some of the numeric goals will shift over the five years if there are changes in which agencies are providing which services. To maintain a healthy and sustainable community, the City of South San Francisco has made it a priority to undertake a variety of non-housing community development activities that will help improve the lives of low income residents. Activities range from childcare and youth programs to senior services and battered women services. The City also uses CDBGJunds for building improvements that help revitalize the Downtown, improve facilities that provide services to low income residents, and make buildings accessible to people with disabilities. 3-5 Year Non-homeless Special Needs Analysis response: 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the strategic plan. Error! Not a valid link. Error! Not a valid link. 6. If the jurisdiction plans to use HOME or other tenant based rental assistance to assist one or more of these subpopulations, it must justify the need for such assistance in the plan. 3-5 Year Non-homeless Special Needs Analysis response: 1.0 Priority: Sustain and increase thE! level of business and economic activity in areas that serv.eor havE!. a hi~h percentage of low-income residents~, .... ........... .' ........</.. '.. ...... . .... . ". .... ....... . . ..... . ... .. .' The City's economic.alld.'communitydevelopment strategyforDowntown includes structural.improvementsto maximize the use of commerciaL buildings and fa<;ade i m provemellt assistance for businesses. < -...... '. .. - . . -,- -. ,--, ,-". ., --- -- , "" , ,,-, -.." ....... , --.... '" ',.. "" :','" ".... - ,n ,"" ";", ',. ... ;.;.;' ....... ._n" ..._',. , .. ,',.., . 1.1 City"SponsoredCommercia( Rehabilitation The City-Sponsored Commercial Rehabilitation provides financial and technical assistance to property ownersundertaking structural, fa<;;:ade and business sign. '.' improvements to their buildings', These improvements helpowners increase the us€:. of their commercial buildings, and improve the appearanceofthe downtovvn. The ..' Cityplans to assist20-30 businessesinthe HistoricDowntowndistrict overthefive~ year period of theConsol idatedPla n {approximately 4";6busi nesses a nnually).The" prog~amisfundedthrough C[)~Gand isJeveragedbYQwners'.fundsand RDAfunds. .. 1~2JobTrainingActivities' ................. ..... . '.. .. .... .... .. . Jobtraining activities occur as supportive ser'lices in many ofthe homeless emergency andtransitiona I shelters. that~erve South Sa n.. Francisco residents~ Although there are currentlynoCDBGfundedjobtrainingactivities.plannedforthe .. non-homeless population, the City wants to address the pressing needs of residents . for job trai ning. If over the next five yea rs; the City identifies options for supporting job training services, the Qtyv\fouldconsider . usingCDSGto fy npthis activity. . -'-,," .... ..... .-_.. ""'-,' .." ,....,. ....- , .- - -..,--, .. ...... .-.......... .. , . _ .,...... .. _ ..m..__ ., ...,.. '" ._._... ..,._..... ............__.. ___........ ...... _.__ ..... ....':_' , ,,:., ._,:._.._,'.__..... ._: ':'_:_:__ __' ..":_.''':,:_:' ".' _'..:,",' .... ."",': ',:__.:'._ ...........-:..'.:._: ..:....n......:.:.. 2.0 Prlority:......Preservea nil .'. imprQve.publlcfadlitiesthatservi:a' high percentage of .low~incol11e ....res;idel1ts.... ....:ic... ..... .......d.......... .............i..i. ........ ......................... . ..... .......... ................ ...... ........... ...i...... Disabled. access mod ifications'a'ndcommuriity facility rehabilitation are undertaken.to improve facilities used by the low and moderate income community in South San Franciscq.High priority is givento horrlE~lessfacilities,youthcenters; childcare centers, and health facilities. C 2.1 Assisi:nonprofit agendes preserve andimpro."efacilities.servingthe public .... ... ........ .:......... <i. ......:<>H..... .. .......... '" ..... ....... Many nonprofit agencies occupybl1i1dingsthat ar~ not in optimal condition,orare inadequate to .serve their diehts.Problemscan include. such items as inadequate accessibility for persons with disabilities, inadequate private space for meeting with clients, dilapidated structures, and other safety code issues that need addressing. The City provides assistance to nonprofit agenciesin conjunCtionwith other jurisdictions to make improvementsto npnprofit agency facilities. .The City plans to assist 3- S organizations citywide over the five-year period of the Consolidated Plan (approximately 0-1 organization annually). The program is funded throughCDBG and can be leveraged by the organizations' funds andRDA funds. 2.2 presenieand improve publidyowned facilities serving the public Many of the Downtown's public facilities are in need of improvement. The City's activities over the five-year planning period include improvement of parks, transit and other public facilities, which will have a positive impact on the physical ll:IiII((~~:tn:: 1:.:1. 'llli.'-~~_ i...... ....-_'..............~.......-""'1i1llll'l i~..~~. 3-5 Year Strategic Plan 49 P.89 Error! Not a valid link. Error! Not a valid link. 50 P.90 3-5 Year Strategic Plan __~__.....w_.~~""""'"'""'__.___ ~ ~~_:.~~ ...... 3.3. General Social Services Assist organizations providing social services for those in immediate need. Services include provision of food, medical and dental services, clothing, shelter, literacy, substance abuse treatment, transportation, assistance with rental security deposits, payment of PG&E bills to avoid service interruptions, and crisis intervention. The City will use CDBG funding to support nonprofit organizations that will provide general social services for 6475 households over the five-year period of the consolidated plan (approximately 1295 households annually). City funding will be leveraged by other public funding, private foundations, and private donors. 3.2. Senior Services Assist organizations providing very low-income seniors and disabled residents with a variety of services. Services may include weekly grocery bags, senior day-care and other senior services. The City will use CDBG funding to support nonprofit and public organizations that will provide senior services for 1550 households over the five-year period of the consolidated plan (approximately 310 households annually). City funding will be leveraged by other public funding, private foundations, and private donors. 3.1Childcare Assist organizations providing childcare through a variety of methods. Services may include short-term childcare for children who are at risk of abuse, neglect or . exploitation due to a temporary family crisis, organizations that operate preschools centers, before- and after-school sites, summer camps and a vacation program. The City will useCDBGfunding to supportnonprofitand public organizations that will providechildcare services for 1140 households overthe five-year period of the consolidated plan (approximatelY 228 householdsannuaUy). City funding will be leveraged by other public funding, private foundations, and private donors. 3.0 Priority: Provide core public services activities to improve the quality of life for low-income individuals and families, including those at risk of becoming homeless and special needs groups. To meeUhepublic service needs of low-income residents, the City proposes to fund nonprofitagenciesand organ)zations that provide childcare, senior services, general social services, battered women services, disabled services, youth services, and health services.' '. - 2.3 Preserve and improve public infrastructure in low-income neighborhoods or serving a high percentage of low-income residents Programs are needed to alleviate blighting conditions in public infrastructure. Commuter and through traffic in the Project Area is rapidly approaching a pressure point due to shifting land uses, diversification of the economic base and the corresponding mobility needs of City residents, workersandvisitors. Inadequate access and traffic congestion are problematic at various points in theDowntown. Within the next five years, the city of South San Francisco will erect a multi-level parking structure along Miller Avenue in the downtown center. environment and serve as a catalyst for private investment in the Downtown and in improved services for low income residents residing near the Downtown. The City plans to improve 1-5 publicly owned facility over the five-year period of the Consolidated Plan (approximately 0-1 facility annually). The program is funded through CDBG and can be leveraged by RDA funds. Error! Not a valid link. Error! Not a valid link. 3.4. Battered Women's Services Assist organizations providing information, resources, and support to. domestic , violence and sexual assault survivors and their c:hildren."TheCity will use CDBG funding to support nonprofit organizations that will provide battered women's services for 1735 households over the five-year period of the consolidated plan (approximately 347 households annually). City funding will be leveraged by other public funding, private foundations, and private donors. -.... 3.5. Disabled Services Assist organizations providing support for individuals with HIV / AIDS and individuals with developmentaldisabilitiesandtheirJamilies.The C. .i.ty will use CDBG fundingto . .... - . supportnonprofit organizations that will provide disabled services forlOO households over the five-year period of the consolidated plan (approximately 20 households annually). City funding will be leveraged by other public .fundi private foundations, and private donors. . 3.6. Youth Services ....... .. '..<. . . .'. ... Assist organizations providingservicessuchas new clothing orprogramstoimprove parenting skills and increase school p~rformance.TheCity will use CDBG funding to support nonprofit organizations thatwiU provideyouth services for 940 households over the fiye-year periodof the consolidated plan (approximately180 households .'. annually). · CityJundingwill beleveraged.byother.public funding, private foundations,andprivatedonors~. ... . .. . .. . Other Objectives .- --.-.. ,. .. . . . As required by HUD, the City of South Francisco undertakes lead-based paint and fair housing activities. Green building willalsobecome a majorfocusin development strategy for the City. '." 1.0.F.airHousing . '.' '.. . '.' ....... '. ....... ...... . ............ ..... ..... .' ... . ". .' ... . '." ." ". '. ....... . . The City continues Jo work to overcome housing discrimination bycontractingvyith Project Senti neltoassist residents" with housingdiscri mi nation complaints. The agency 'providescounseling and adv()cacyinissues.offairhousing.. and housing habitability. . . . 2.0. Lead-Based Paint Abatement . . The City works with other jurisdictions in San Mateo County toaddresslead~based paint hazards. ... Some of these collaborative lead-based paintabatementactivities include: making training classes availabletodtystaffandcontractorsrmaintaining list of certified contractors and maintenance workers, and outreach concerning lead- based paint hazards. - 3.0. Green Building .. . ." The city has embarked on an effortto increase the amount of green products used in the construction of affordable housing. This has the possibility of lowering the costs of housing for low income residents who could see lower utility bills. In addition, these products are healthier for residents. ~..d.. ~~~ - TV'ti'il1lli JlII ""'~~~!i!5l ..~..'""". 3-5 Year Strategic Plan 51 P.91 Error! Not a valid link. Error! Not a valid link. 52 P.92 3-5 Year Strategic Plan iiiiiii ~ -,-_. """ Based on the estimates of special needs populations and the needs described by service providers, the City has set a priority to: Provide service-enriched housing opportunities for individuals and families with special needs including, but 3-5 Year Strategic Plan HOPWA response: 6. The Plan includes the certifications relevant to the HOPWA Program. 5. The Plan describes the role of the lead jurisdiction in the eligible metropolitan statistical area (EMSA), involving (a) consultation to develop a metropolitan-wide strategy for addressing the needs of persons with HIV / AIDS and their families living throughout the EMSA with the other jurisdictions within the EMSA; (b) the standards and procedures to be used to monitor HOPWA Program activities in order to ensure compliance by project sponsors of the requirements of the program. 4. The Plan includes an explanation of how the funds will be allocated including a description of the geographic area in which assistance will be directed and the rationale for these geographic allocations and priorities. Include the name of each project sponsor, the zip code for the primary area(s) of planned activities, amounts committed to that sponsor, and whether the sponsor is a faith-based and/or grassroots organization. 3. For housing facility projects being developed, a target date for the completion of each development activity must be included and information on the continued use of these units for the eligible population based on their stewardship requirements (e.g. within the ten-year use periods for projects involving acquisition, new construction or substantial rehabilitation). 2. The Plan must establish annual HOPWA output goals for the planned number of households to be assisted during the year in: (1) short-term rent, mortgage and utility payments to avoid homelessness; (2) rental assistance programs; and (3) in housing facilities, such as community residences and SRO dwellings, where funds are used to develop and/or operate these facilities. The plan can also describe the special features or needs being addressed, such as support for persons who are homeless or chronically homeless. These outputs are to be used in connection with an assessment of client outcomes for achieving housing stability, reduced risks of homelessness and improved access to care. 1. The Plan includes a description of the activities to be undertaken with its HOPWA Program funds to address priority unmet housing needs for the eligible population. Activities will assist persons who are not homeless but require supportive housing, such as efforts to prevent low-income individuals and families from becoming homeless and may address the housing needs of persons who are homeless in order to help homeless persons make the transition to permanent housing and independent living. The plan would identify any obstacles to meeting underserved needs and summarize the priorities and specific objectives, describing how funds made available will be used to address identified needs. *Please also refer to the HOPWA Table in the Needs.xls workbook. Housing Opportunities for People with AIDS (HOPWA) Error! Not a valid link. Error! Not a valid link. not limited to, seniors, people with physical and developmental disabilities, domestic violence survivors, people with HIV /AIDS, and people in ' treatment for substance abuse. ' This central priority is divided into various specific priority levels to serve the special needs populations with supportive housing as follows: The City believes that high priority should be given to elderly and frail elderly, physically disabled, and domestic violence survivors. The City is also giving medium priority to people with ' alcoholjotherdrug addiction; people with HIVjAIDS, andto people with . developmental disabilities. Low priority is given to populations with severe mental illness. ' Housing Needs of PeoplewithHIV/AIDS24 Women and Africa n America nsa re over-represented a mong people living · witfrAIDS who are in economic hardship and need some form of socia I services from the county. InJivingAIDS cases, 84% are male and 16% are female; In,the County's primary care services, the ratio is 73% male and 27% female and in food services, the ratio is58% male and42% female. While 64% of cumulative AIDS cases and 58% of living AIDS cases were among Whites, theyonly make up 37% ofthose using the County's primary care services. African Americans make up 18% of cumulative and 21% of living AIDS cases compared to their percentage of 34% of the clients in the County primary care program and 50% of clients in the food program. African Americans makeupjust 3.5% of the County's population. There is a vastly disproportionate impact, as shown by the AIDS case rates by race and year of diagnosis, on the African American community. SpeCific HOPW A Objectives 24 All Information from San Francisco HIV Health Services Planning Council Minutes, May 21, 2001 Unless otherwise noted 25 The Independent Saturday, January 11, 2003 "AIDS Rates for Hispanics on the Ride" by Sara Zaske -.-'" ~1iC1atS~- ~~ lE.-~'f:i illl -'__il:~~ -- ~b.l~ ....--1 _-.........1i"1 i 3-5 Year Strategic Plan 53 P.93 Error! Not a valid link. P.94 Error! Not a valid link. 54 3-5 Year Strategic Plan ~ """'" ...... '" """"""'" """""""" "." """" ........ Include any Strategic Plan information that was not covered by a narrative in any other section. San Mateo has only in home hospice services and no residential care facilities. The Mental Health Association is their housing provider and the residential services are varied-shallow rent subsidies are one example. The county currently places HIV clients in non-HIV specific housing. Housing is a major problem in the County and San Mateo County has lost more clients to its housing crisis than to HIV IAIDS itself because people living with AIDS couldn't find Section 8 Housing. ELLIPSE, one ofthe service providers for people living with HIV/AIDS in South San Francisco has also expressed the need for rental assistance specifically for people living with HIV I AIDS. 3-5 Year Specific HOPWA Objectives response: 1. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the strategic plan. Error! Not a valid link.