San Francisco Redevelopment Agency


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126-002.09-002                                                                                      Agenda Item No.  4 (d )

                                                                                                        Meeting of February 3, 2009

 

 

MEMORANDUM

 

TO:                  Agency Commissioners

 

FROM:            Fred Blackwell, Executive Director

 

SUBJECT:      Authorizing a Second Amendment to the Personal Services Contract with MJM Management Group, a California Corporation (formerly known as KTB Management Group) and the property manager of the Mission Bay Open Space System, to include Open Space Parcel P18 and increase the contract’s management fee by $2,100 for a total aggregate amount for the management fee not to exceed $342,310; Mission Bay North and South Redevelopment Project Areas.

 

EXECUTIVE SUMMARY

 

Under the Mission Bay North and South entitlements, the Agency is responsible for managing 43 acres of Mission Bay public open space being developed by FOCIL-MB, LLC   on parcels owned by the City and leased to the Agency.  Funding for the Agency’s management of the open space comes from Mission Bay property owners through a Mello-Roos Community Facilities District.  Open Space Parcel P18 (“Park P18”) is nearing completion, but is not currently included in the Agency’s Personal Services Contract (“Contract”) with MJM Management Group (“MJM”).  Park P18 is a small, 0.35-acre open space parcel located along Terry Francois Boulevard, abutting Block 10a.

MJM is in under contract with the Agency until 2010 to provide operations and maintenance of the completed Mission Bay open space parcels.  The existing Contract with MJM recognizes that as new parks are completed, the Contract will need to be amended to include them in MJM’s scope of work.  Staff has prepared an amendment to the Contract (“Contract Amendment”) that incorporates Park P18 into the scope of work and increases by $2,100 the maximum management fee that MJM can charge.

Staff recommends approval of the Contract Amendment.

 

DISCUSSION

Mission Bay Open Space System and Park P18

 

The Mission Bay North and South Project Areas will ultimately include 43 acres of public open space built on property owned by the City and the Port, which will be leased to the Redevelopment Agency for operation and maintenance (see Attachment 1 for a map for location of the proposed open space facilities).  Pursuant to the 1998 Owner Participation Agreements, FOCIL-MB, LLC will develop the Mission Bay open space in phases over an estimated 15-20 years, in association with the residential and commercial development. 

 

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The Agency is responsible for operating the Mission Bay open space system through 2043.  All funding for the open space operations, including MJM’s Contract, comes from special taxes paid by Mission Bay private property owners, including UCSF, under Mello-Roos Community Facilities District No. 5 (CFD No. 5).  Agency affordable housing sites are exempt from this assessment.  The Agency annually adjusts the level of special taxes collected from CFD No. 5 to fund the operations of the growing Mission Bay park system. 

Six sections of the Mission Creek Park have been completed and transferred to the Agency for management and operations. These parcels include the completed portions of Mission Creek Park, including the recently opened sports courts (Parks P1 and NP1-NP5).  In addition, a small park along Terry François Boulevard (Park P21), has been accepted by the City and is the responsibility of the Agency. All of these parcels are currently being maintained for the Agency by MJM under their existing Contract.

One other open space parcel along Terry Francois Boulevard, Park P18, is in the final stage of construction and is anticipated to be fully completed in February 2009, with Agency maintenance responsibilities starting in March 2009. It is being developed in accordance with the Schematic Design for Park P18 approved by the Commission on October 18, 2005. (Res. No. 162-2005) Attachment 2 depicts the approved schematic design for Park P18. 

Park P18 is approximately 0.35 acres in size.  It is a small park located to the east of the new condominium project on Block 10a, along Terry Francois Boulevard.  Park P18 contains primarily low maintenance and drought tolerant plants, and includes a series of low sculpted landscaped mounds and a small hardscape plaza near the park’s northern end.  Several seating areas have been placed in the park for views of the bay, with a small planting strip located along the residential units on the western side of the park. The park also contains Stormwater Pump Station #6.

 

MJM Management Group Contract

 

On November 18, 2003, the Redevelopment Commission approved a Personal Services Contract with MJM (which operated under the name of KTB Management Group at that time) to provide overall management of the Mission Bay parks. Under their existing Contract, MJM is currently providing services for Parks P1, NP1 to NP5 and P21.  Their Contract will also include the maintenance of Park P17, the first section of Mission Bay Commons, once it is ready and transferred to the Agency’s responsibility.  MJM’s Contract had an initial term of three years, with an option for the Executive Director to renew the Contract for an additional three years.  Since MJM was performing well and meeting the requirements of the Contract, including the Agency’s policies regarding contract compliance, the Agency exercised this option and the Contract was extended for an additional three years, for a total of six years.  MJM’s Contract will expire on January 4, 2010, prior to which a new Request for Qualifications (“RFQ”) process for park management services will have been completed.

As described above, the open space parcels are being developed over time.  However, they are all part of a single open space system, which can be best and most efficiently managed

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Page 3

through a single management contract.  The intention of the existing MJM Contract is to add all Mission Bay park parcels into the Contract as they are constructed.  Section 3.B of the

Contract specifically provides for the amendment of the Contract by Commission action to allow for the phasing in of additional parcels as they are completed, as was done with the first amendment in December 2007. 

The following describes the components of the proposed Contract Amendment, which will amend the scope of work and the maximum allowable management fee to include Park P18.  The Contract Amendment does not change the term of the existing Contract.

 

Amendment to the Scope of Work

The existing Contract with MJM includes a detailed scope of services for all aspects of the open space management system.  The scope describes the responsibilities of MJM and each of the subcontractors, and includes specifications on the number of work hours to be committed by each firm and the frequency with which tasks are to be performed.  The scope of work has been amended to include the maintenance of Park P18 at the same level as the other parks in the Mission Bay system.  The scope of work for Park P18 and all Mission Bay parks includes:

  1. Oversight of Mission Bay park operations, including tasks such as coordinating and supervising all landscaping, janitorial, maintenance, and security services through subcontractors; providing an on-site property manager and engineer; maintenance of all mechanical and constructed systems; coordinating and promoting special events; issuing permits for use of facilities; maintaining financial accounts; preparing annual budgets; and resolving day-to-day problems as they arise.
  2. Landscape Maintenance:  Maintenance of all landscaped and planted areas in a healthy, attractive, and safe condition, including lawn areas, trees, shrubs, plantings, and ground cover.
  3. Janitorial:  Daily trash removal, sweeping, and janitorial services, as well as graffiti abatement and general maintenance services for all hardscape and constructed areas, including pathways, and all site furnishings, as well as of park structures.
  1. Security:  A 24-hour-a-day park security by uniformed security guards.  Additional security will be provided as needed for special events.

 

 

Amendment to the Management Fee Provision

A budget identifying the maximum amount that MJM can spend each year for regular operating costs is approved on an annual basis by the Executive Director pursuant to the Contract.  In addition, the current Contract identifies a maximum management fee of $340,210 for which MJM may be reimbursed over the six years of the Contract to provide the company income for managing the Mission Bay Open Space System. The management

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fee is in addition to the budget allocated to MJM for regular operating costs, such as utilities, subcontractors, and materials. This management fee is based on a set dollar amount identified for each park parcel.  The Contract specifies that MJM can only bill for its management fee for parcels that are under its management at any time.

The current Contract does not include a management fee for P18.  This Contract Amendment allows MJM to charge an additional $210 monthly management fee for this park for the last 10 months of the contract term, not to exceed a total of $2,100 for this parcel.  This results in an aggregate maximum management fee of $342,310 for the six-year contract term.

 

Other Miscellaneous Amendments

As part of the Contract Amendment, staff reviewed the entire Contract to identify other minor changes needed to make the Contract consistent with the Agency’s current standard personal services contract.

 

Equal Opportunity Program and Purchasing Program Compliance

 

The MJM team meets the Agency’s equal opportunity program goals for Mission Bay.  MJM, the prime Contractor, is a Woman-Owned Business Enterprise (WBE), and two of the three subcontractors are Minority-Owned Business Enterprise (MBE)/WBE firms as well.  Based on the Year 2008 operating and management fee budget of $1,274,518, less the $129,070 allocated for utility payments, M/WBE will receive 80% of the contract amount, as follows:

MJM Management Group

WBE

$564,026

49%

Aim to Please Janitorial Services

MBE

$150,940

13%

A Topnotch Security Services

MBE/WBE

$201,264

18%

Gardeners’ Guild*

n/a

$229,218

20%

* Gardeners’ Guild is an employee-owned business.

 

All of the M/WBE firms are San Francisco-based and have very strong minority and women workforce participation.  MJM and the subcontractors have been working with the South of Market Employment Center on recruitment and training, with direction from Agency staff, to ensure that the team’s workforce continues to reflect the diversity of San Francisco’s residents.

MJM and its subcontractors are in compliance with all of the Agency’s purchasing and contracting policies, including policies on non-discrimination in benefits and minimum compensation.

 

 

 

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Page 5

Environmental Review

 

Under the Contract Amendment, the ongoing maintenance of the Mission Bay open space system will provide quality active and passive recreational opportunities for residents of the Mission Bay North and South Redevelopment Project Areas and the general public.  The Contract and the Contract Amendment are exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301(h) and will not cause a significant physical effect on the environment.

 

 

(Originated by Catherine Reilly, Assistant Project Manager)

 

 

 

 

Fred Blackwell

Executive Director

 

 

 

Attachments:   1.         Mission Bay open space system map

                        2.         Schematic Design for Park P18

           

 

 

 

 

 


 

 

 

RESOLUTION NO. 11-2009

 

 

 

AUTHORIZING A SECOND AMENDMENT TO THE PERSONAL SERVICES CONTRACT WITH MJM MANAGEMENT GROUP, A CALIFORNIA CORPORATION (FORMERLY KNOWN AS KTB MANAGEMENT GROUP) AND THE PROPERTY MANAGER OF THE MISSION BAY OPEN SPACE SYSTEM, TO INCLUDE OPEN SPACE PARCEL P18 AND INCREASE THE CONTRACT’S MANAGEMENT FEE BY $2,100 FOR A TOTAL AGGREGATE AMOUNT FOR THE MANAGEMENT FEE NOT TO EXCEED $342,310; MISSION BAY NORTH AND SOUTH REDEVELOPMENT PROJECT AREAS

 

 

BASIS FOR RESOLUTION

 

  1. On October 26, 1998, the Board of Supervisors of the City and County of San Francisco approved and adopted the Redevelopment Plan for the Mission Bay North Redevelopment Project Area; on November 2, 1998, it approved and adopted the Redevelopment Plan for the Mission Bay South Redevelopment Project Area (collectively the “Plans”).  The Plans and their implementing documents, as defined in the Plans, constitute the Plan Documents.

 

  1. Under the Plan Documents, FOCIL-MB, LLC, a subsidiary of Farallon Capital Management, LLC, is developing 43 acres of public open space on parcels of land in the Plans’ areas owned by the City and Port of San Francisco (“Open Space Parcels”), which are leased to the Redevelopment Agency of the City and County of San Francisco (“Agency”) at the time of improvement (“Mission Bay Open Space System”).  The Open Space Parcels are phased in over time in association with the residential and commercial development.  Under the Plan Documents, the Agency is responsible for managing and operating the Mission Bay Open Space System until 2043.

 

  1. On December 19, 1999, the Agency Commission by Resolution No. 217-99 formed Community Facilities District No. 5 (“Mission Bay Maintenance District”) (“CFD No. 5”) and authorized the levy of special taxes, which levy was also approved on January 11, 2000 by Redevelopment Ordinance No. 2-99.  All costs for the Agency’s operation and management of the Mission Bay Open Space System will be paid through the special taxes levied in CFD No. 5.

 

  1. On February 26, 2003, the Agency issued a Request for Qualifications (“RFQ”) for property management services for the Mission Bay Open Space System.  As described in the RFQ, the selected contractor would manage all Open Space Parcels, which are phased in during the term of the Contract.

 


 

  1. Agency staff determined that KTB Management Group, a woman-owned business, was the best qualified to provide property management services for the Mission Bay Open Space System.  Commission Memorandum, M. Rosen to Agency Commissioners RE:  Authorizing negotiations with KTB Management Group (No. 126-02703-002) (May 1, 2003).

 

  1. On November 18, 2003, the Agency Commission approved by Resolution No. 172-2003, a personal services contract (“Contract”) with KTB Management Group for an initial three-year period and authorized a total aggregate amount not to exceed $263,960 for management fees. 

 

  1. The Contract included in the scope of work a “Start-up Parcel”, which is park P1, as well as four “Phase-In Parcels”, which include NP1, NP2, P17 and P21, as shown in the attachment to the Commission Memorandum supporting this Resolution. 

 

  1. KTB Management Group amended its Articles of Incorporation on February 13, 2004 to change the name of the corporation to MJM Management Group (“MJM”).  There was no change in ownership or other amendments to the Articles of Incorporation.

 

  1. On February 26, 2006, the Agency exercised the option to extend the Contract until January 4, 2009, which was corrected, as part of the First Amendment to Personal Services Contract (“Amendment #1”) as described in Recital 10 below, to January 4, 2010 to correctly reflect the end date of the three-year extension period.  As part of the Contract extension, per Section 2(B) of the Contract, the maximum management fee that MJM can charge was increased by five percent (5%).

 

  1. On December 4, 2007, the Agency Commission approved, by Resolution No. 129-2007, Amendment #1 to the Contract.  This Amendment #1 incorporated three newly completed Mission Bay North Open Space Parcels, NP3, NP4 and NP5, as Phase-In Parcels to allow MJM to provide management services for these three parks and increase the total maximum management fee for the six years of the Contract to $340,210.  Amendment #1 also corrected the expiration date of the Contract.

 

  1. FOCIL-MB, LLC is in the process of completing another Open Space Parcel in Mission Bay South, P18.  The Agency will be responsible for the maintenance and operation of this park as part of the Mission Bay Open Space System, as described in Recital 2, above.

 

  1. The addition of P18 to the Mission Bay Open Space System will require increased maintenance and management services and an increase in the management fee by a total of $2,100 over the last 10 months of the remaining term of the Contract.

 

  1. Staff now seeks Commission authorization to revise the Contract’s scope of services to include management of the additional P18 Open Space Parcel described above, to make other minor changes in the Contract as described in the Commission Memorandum supporting this Resolution, and to increase the expenditure authority by $2,100 for a total aggregate amount not to exceed $342,310 under the Contract to cover the increased management fee for the P18 parcel over the remaining term of the Contract.  The Contract, as amended, will still have a termination date of January 4, 2010.

 

  1. Approval of the Second Amendment to the Contract with MJM is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301(h) because it authorizes open space maintenance, which will not result in a significant physical effect on the environment.

 

 

RESOLUTION

 

ACCORDINGLY, IT IS RESOLVED by the Redevelopment Agency of the City and County of San Francisco that the Executive Director is authorized to enter into a Second Amendment to the Personal Services Contract with MJM Management Group, a California corporation, to include the Open Space Parcel P18 and to increase the Contract amount for the management fee by $2,100 for a total aggregate amount for the management fee not to exceed $342,310, substantially in the form lodged with the Agency General Counsel.

 

 

APPROVED AS TO FORM:

 

 

 

_________________________

James B. Morales

Agency General Counsel

 

105-2.09-002                                                                              Agenda Item No.  4 ( e – f )

                                                                                                 Meeting of February 3, 2009

 

 

MEMORANDUM

 

TO:                 Agency Commissioners

 

FROM:           Fred Blackwell, Executive Director

 

SUBJECT:     Authorizing a Letter Agreement with the Mayor's Office of Community Investment for an inter-agency Informational Management System, in an amount not to exceed $525,000 for a term of three years to be paid to the Mayor's Office of Community Investment

 

Authorizing a Personal Services Contract with the Board of Trustees of the Glide Foundation, a California nonprofit public benefit corporation, through its Tekmeca Opensource Project to provide consulting and software development services for an inter-agency Information Management System in an amount not to exceed $525,000, for a term of three years, from February 15, 2009 to February 14, 2012

 

EXECUTIVE SUMMARY

 

The San Francisco Redevelopment Agency (the “Agency”) is exploring technology solutions that will reduce the paper burden, expedite the approval process of documents that are subject to review, and improve the accessibility of information within the Agency.  These solutions will ultimately improve the management of information, data, and reports both within the Agency and with outside parties.

 

The Agency is seeking to work with the Mayor’s Office of Community Investment (“MOCI”), who in collaboration with the Mayor’s Office of Housing (“MOH”) developed a software solution, Total Grants Solution (“TGS”), to automate its grant administration process. Many elements of this software program are applicable to the needs of the Agency. MOCI has been willing to share its current system as well as its lessons learned from implementing their solution. This collaboration will leverage what MOCI/MOH has already invested to embark on a better coordinated effort for the Agency’s Information Management System.

 

In preparation for the collaboration with MOCI, the Agency has issued a Request for Proposals for consulting and software services related to the Agency’s need to develop an implementation strategy for an Agency-wide Information Management System and MOCI’s need to expand features of its existing TGS. After review of two proposals, staff recommends to enter into a Personal Services Contract with The Board of Trustees of the Glide Foundation through its Tekmeca OpenSource Project (“Tekmeca”).

 

Staff recommends authorizing a Letter Agreement with MOCI to address Information Management issues in both agencies and authorizing a Personal Services Contract with Tekmeca to provide consulting and software development services as outlined in the Letter Agreement.

BACKGROUND

 

The Agency processes extensive amounts of data and information on a daily basis. It is important for the Agency to be able to access specific data quickly in order to provide information to internal and external stakeholders such as staff members, the Agency Commission, or members of the public. The Agency’s current system of storing information in electronic files of individual staff members or in paper format does not always accommodate the ability to access information or generate reports as efficiently as possible. The Agency recognizes information management and technology as key catalysts for optimizing the way it provides information and services. In addition, to this large amount of data and information, contracts and other agreements must go through many levels of review prior to execution.  This process relies heavily on staff and at times, causes avoidable delays and errors.

 

The Agency has started to invest in technology solutions to improve the way it manages information. In FY 2005-2006, the Agency introduced an Electronic Document Management and Imaging System to replace the Microfiche System used by Central Records. In September 2008, the Agency purchased Elations, a web-based Labor Compliance System which provides “real-time” workforce reports, thus allowing for timely responses to labor standards or certified payroll issues on construction sites. As a next step, the Agency plans to start an Agency-wide effort to improve information management.

 

Re-engineering an information management system is a long-term project that involves:

  • Developing an organizational strategy and priorities with the Agency’s executives to provide a directional framework for the information technology strategic plan
  • Conducting a detailed study and documentation of the current business processes to advise the management team on efficiency and workflow improvement areas
  • Designing and prototyping Agency-wide information architectural plan
  • Creating a technology framework that includes technical requirements for acquisition, development specifications and overall policies around information
  • Developing a staff professional development plan that includes training of staff in new technology and processes and building the capacity of a technology team for future maintenance and support
  • Implementing the technology architectural plan and providing periodic review and feedback to improve the strategy

 

The Agency will start with an assessment of its document workflow. The Agency has many processes for the approval of contracts, agreements (i.e., Exclusive Negotiations, Land Development, Development and Disposition, etc.) as well as many financing documents.  All these processes include approval from up to seven divisions within the Agency and generate large amounts of paper documentation.  Frequently information needs to be shared between and amongst departments.  Currently these processes and documentation rely heavily on specific individuals to obtain final approval. Documents are hand delivered and the approval of a document that needs to be reviewed by up to seven different individuals can take several days or weeks. In order to more effectively and efficiently manage all these processes along with its related documents, the Agency would like to evaluate the benefits of an Agency-wide electronic workflow and documents management system.

 

Such a new system has the potential to considerably reduce inefficiencies by enabling staff to work and collaborate in a more efficient fashion.  In addition, it will also reduce the paper burden for the Agency and thus reduce offsite storage expenses related to the retention of paper files and allow the Agency to become more environmentally friendly.  A new system will also likely increase staff productivity as well.

 

INTER-AGENCY COLLABORATION WITH MOCI

 

The Agency seeks to rely on the expertise of an experienced partner to examine the Agency’s processes and develop recommendations for the implementation of an Information Management System with an initial focus on Electronic Workflow and Document Management.

 

Approximately three years ago, MOCI, in cooperation with MOH, started the process to utilize technology to support its information management needs. MOCI successfully implemented Total Grants Solution, a software program that automates its grant administration process.  This award winning technology not only enables staff to collaborate internally, but also allows outside grantee organizations to submit information electronically. The new streamlined and electronically supported process allowed MOCI to reduce staff time spent on administering documents thus allowing for staff to spend more time “on the ground”, working with community organizations. For example, MOCI took over the Juvenile Criminal Justice Program and cut down the administration time from 4 FTE to 2.4 FTE.

 

The Agency is seeking to collaborate with MOCI to use what it has learned and thus reduce the time it will take the Agency to implement its own information management system.  Additionally, MOCI is currently managing a number of grants funded by the Redevelopment Agency. MOCI has been willing to share its current system as well as lessons learned with the Agency. Thus the Agency wishes to enter into a Letter Agreement with MOCI to address Information Management issues in both agencies.

 

This inter-agency collaboration will leverage what MOCI has already invested to embark on a better coordinated effort on Information Management Systems and address information management needs of both Agencies. MOCI seeks to expand TGS to include additional communicative portals with MOCI and its grantees’ portals.  It will also expand its public search features to include a comprehensive search mechanism for the public to access all of the grants and contracts along with the related services that were funded.  Prior to their implementation of TGS, MOCI completed a workflow assessment.  MOCI has agreed to leverage their expanded initiatives to benefit the Redevelopment Agency and accordingly, the initial assessment will be at no cost for the Agency.  The Agency will be able to work with a contractor to replicate the workflow process assessment that was previously completed for MOCI to capture an accurate reflection on the Agency’s process.  The assessment will serve as a map to automate Agency processes.

 

The assessment of the Agency’s document workflow and processes will put the Agency in a position to make crucial decisions on how to implement an Information Management System and eventually take advantage of MOCI’s existing system. Joint use of an Information Management System will allow benefitting from synergies between the agencies and will minimize future financial investments for each agency. MOCI will provide financing for the entire project in an amount not to exceed $525,000.  The initial assessment will have no net impact on the Agency’s budget since MOCI will pay for the entire contract.  Notwithstanding, pursuant to the Letter Agreement, the Agency will provide initial payments to contractor with the understanding that MOCI will provide full reimbursement on a monthly basis to the Agency.

 

SELECTION OF CONTRACTOR

 

In preparation for a collaboration with MOCI, the Agency issued a Request for Proposals (“RFP”) for consulting and software development services in regards to the Agency’s need to develop an implementation strategy for an Agency-wide Information Management System and MOCI’s need to expand features of TGS. The Agency received proposals from two (2) consultants, @doc, LLC and Tekmeca.  A selection panel consisting of MOCI and Agency staff convened to review and score the proposals and determined that Tekmeca was more responsive to the RFP.  In addition, Agency contract compliance division has confirmed that Tekmeca’s proposal complies with Agency contracting requirements and policies.  Agency staff, therefore, recommends to enter into a Personal Service Contract with Tekmeca to provide consulting and software development services as outlined in the Letter Agreement including 1) recommending an implementation strategy for an Agency wide Electronic Document Management System and 2) expanding features of MOCI's existing electronic grant management solution.

 

The Agency took the lead in this RFP in order to ensure that the selected contractor and work product can fully address the Agency’s complex business models. The Agency believes that conducting a workflow assessment is a necessary foundation to a long term strategic planning effort to implement an automated workflow system. 

 

CALIFORNIA ENVIRONMENTAL QUALITY ACT

 

The Letter Agreement with MOCI and the Personal Services Contract with Glide Memorial Church Foundation facilitate implementation of an inter-agency Information Management System and are administrative activities of the Agency and are not Projects as defined by California Environmental Quality Act (“CEQA”) Guidelines Section 15378(b)(5).  The proposed actions will not independently result in a physical change in the environment and are not subject to environmental review under CEQA.

 

Originated by

Stephen Maduli-Williams, Deputy Executive Director, Community & Economic Development

 

 

 

Fred Blackwell

Executive Director


 

 

 

 

RESOLUTION NO. 12-2009

 

 

 

Authorizing a Letter Agreement with the Mayor's Office of Community Investment for an inter-agency Information Management System, in an amount not to exceed $525,000 for a term of three years to be paid to the Mayor's Office of Community Investment

 

 

BASIS FOR RESOLUTION

 

  1.   These solutions will ultimately improve the management of information, data, and reports both within the Agency and with outside parties.

 

  1.   In Fiscal Year 2005-2006, the Agency introduced an Electronic Document Management and Imaging System to replace the Microfiche System used by Central Records.  In September 2008, the Agency purchased Elations, a web-based Labor Compliance System which provides “real-time” workforce reports, thus allowing for timely responses to labor standards or certified payroll issues on construction sites.  As a next step, the Agency plans to start an Agency-wide effort to improve information management.

 

  1.   The new streamlined and electronically supported process allowed MOCI to reduce staff time spent on administering documents thus allowing for staff to spend more time “on the ground”, working with community organizations.  Many elements of the TGS program are applicable to the needs of the Agency.  MOCI is willing to share its current system as well as its lessons learned from implementing its solution.

 

  1. MOCI will provide full reimbursement to the Agency on a monthly basis.

 


 

  1. The proposed Letter Agreement is an administrative activity of the Agency that is not a Project as defined by the California Environmental Quality Act Guidelines Section 15378(b)(5), and would not result in any physical change in the environment.

 

 

RESOLUTION

 

ACCORDINGLY, IT IS RESOLVED by the Redevelopment Agency of the City and County of San Francisco that the Executive Director is authorized to enter into a Letter Agreement with the Mayor’s Office of Community Investment, for a term of three years, from February 15, 2009 to February 14, 2012, in an amount not to exceed $525,000, to provide for an inter-agency Information Management System, substantially in the form lodged with the Agency General Counsel.

 

 

APPROVED AS TO FORM:

 

 

 

_________________________

James B. Morales

Agency General Counsel


 

 

RESOLUTION NO. 13-2009

 

 

Authorizing a Personal Services Contract with The Board of Trustees of thE Glide Foundation, a California nonprofit public benefit corporation, through its Tekmeca OpenSource Project to provide consulting and software development SERVICES FOR AN INTER-AGENCY INFORMATION MANAGEMENT SYSTEM in an Amount not to exceed $525,000, for a term of THREE years, FROM FEBRUARY 15, 2009 TO FEBRUARY 14, 2012

 

 

BASIS FOR RESOLUTION

 

  1. The Redevelopment Agency of the City and County of San Francisco (“Agency”) is exploring technology solutions that will reduce the paper burden, expedite the approval process of documents that are subject to review, and improve the accessibility of information in the Agency.
  2. Through a proposed letter agreement (“Letter Agreement”) with the Mayor’s Office of Community Investment (“MOCI”), the Agency would share in the development of a software solution, Total Grants Solution (“TGS”), which MOCI would use to automate its grant administration process.  Many elements of this software program are applicable to the needs of the Agency.  This collaboration will leverage what MOCI/Mayor’s Office of Housing has already invested to embark on a better-coordinated effort for the Agency’s Information Management System.
  3. Concurrent with the Letter Agreement, Agency staff proposes entering into a Personal Services Contract (“Contract”) with the Board of Trustees of the Glide Foundation through its Tekmeca OpenSource Project (“Tekmeca”), who would provide the consulting and software development services necessary to implement the Information Management System.
  4. Working in collaboration with MOCI, Agency staff issued a Request for Proposals (“RFP”) in December 2008 for consulting and software development services for the Agency’s Information Management System and MOCI’s need to expand features of TGS.  Staff received proposals from two consultants, @doc, LLC and Glide Memorial Church Foundation – Tekmeca OpenSource Project.
  5. A selection panel consisting of MOCI and Agency staff convened to review and score the proposals and determined that Tekmeca was more responsive to the RFP.  The selection was based on Tekmeca’s ability to address both the needs of the Agency and MOCI, its experience, and the proposed budget.  Agency Contract Compliance staff has confirmed that Tekmeca’s proposal complies with Agency contracting requirements and policies.
  6. Services provided under this Contract will include conducting an Agency-wide study of current processes to provide the basis to understand and improve efficiency and workflow of Agency processes and developing an information technology implementation plan.
  7. Furthermore, Tekmeca will design, develop and implement an extended technology layer to TGS that will allow an integration method to assist MOCI grantees with transmission of required performance data through an open source technology platform.
  8. Tekmeca has agreed to perform these services in an amount not to exceed $525,000 over a three-year period.  Funding for this Contract will come from MOCI pursuant to the Letter Agreement.
  9. The proposed Contract with Tekmeca is an administrative activity of the Agency that is not a Project as defined by the California Environmental Quality Act Guidelines Section 15378(b)(5), and would not result in any physical change in the environment.

 

 

RESOLUTION

 

ACCORDINGLY, IT IS RESOLVED by the Redevelopment Agency of the City and County of San Francisco that the Executive Director is authorized to execute a Personal Services Contract with the Board of Trustees of the Glide Foundation, a California nonprofit public benefit corporation, through its Tekmeca OpenSource Project to provide consulting and software development services for an inter-agency Information Management System in an amount not to exceed $525,000, for a term of three years, from February 15, 2009 to February 14, 2012, substantially in the form lodged with the Agency General Counsel.

 

 

APPROVED AS TO FORM:

 

 

 

_________________________

James B. Morales

Agency General Counsel

 

 

103-00309-002                                                                                            Agenda Item No.  4 ( g )

                                                                                                              Meeting of February 3, 2009

 

 

MEMORANDUM

 

TO:                 Agency Commissioners

 

FROM:           Fred Blackwell, Executive Director

 

SUBJECT:    Authorizing a Legal Services Contract with Kutak Rock LLP to provide specialized legal services primarily related to conveyance and early transfer of the remaining Navy owned parcels at the Hunters Point Shipyard for an amount not to exceed $475,000; Bayview Hunters Point and Hunters Point Shipyard Redevelopment Project Areas

 

 

EXECUTIVE SUMMARY

 

In May 2007, the Agency Commission authorized a Second Amended and Restated Exclusive Negotiations and Planning Agreement (“ENPA”) with Lennar/BVHP LLC and Lennar Communities, Inc. (together, “Lennar”) to plan for the development of an integrated mixed-use project at the Hunters Point Shipyard (“Shipyard”) and the Candlestick Point area of the Bayview Hunters Point (“BVHP”) Redevelopment Project Area (“Shipyard-Candlestick Project”).  As of August 29, 2008, HPS Development Co., LP, a Delaware limited partnership (“Developer”), acquired certain interests of Lennar, including its rights and obligations under the ENPA.  Among the many issues that the Agency, City and County of San Francisco (“City”) and Developer must resolve prior to approval of this integrated project are the conveyance and early transfer of the remaining U.S. Department of the Navy (“Navy”) owned parcels at the Shipyard.  Resolution of these issues will require complex negotiations with a number of federal, state and local regulatory agencies.  The ENPA requires the Developer to pay for the costs of outside counsel associated with reaching agreements with the Navy.  The law firm of Kutak Rock LLP has specialized expertise in this area of the law and has worked with the Agency and City on the conveyance of Parcel A and issues related to the negotiation of the Conveyance Agreement Between the United States of America, Acting by and through the Secretary of the Navy, and the San Francisco Redevelopment Agency for the Conveyance of Hunters Point Naval Shipyard, dated March 31, 2004 (“Conveyance Agreement”).

 

Staff and the Office of Economic and Workforce Development recommend authorizing the Executive Director to negotiate and enter into a Legal Services Contract with Kutak Rock LLP to assist the City and Agency in resolving conveyance and early transfer issues for the remaining Navy owned parcels at the Shipyard for an amount not to exceed $475,000.

 


 

DISCUSSION

 

On February 13, 2007, the Board of Supervisors of the City and County of San Francisco (“Board”) passed, and on February 15, 2007, the Mayor signed, Resolution No. 59-07 (“Board Resolution”), urging the Agency to amend the Amended and Restated Exclusive Negotiations Agreement with Lennar to provide for the integrated planning and redevelopment of the Shipyard Parcels A-3 and B through E (“Phase 2 Property”) and certain property within the Candlestick Point Activity Node of the BVHP Redevelopment Project Area.  The new combined project would include approximately 248 acres at Candlestick Point, 77 acres of which are owned by the City under the jurisdiction of its Park and Recreation Department.  The Board Resolution called for the mixed-use project to possibly include a new stadium for the 49ers, subject to certain conditions.

 

On May 1, 2007, the Agency Commission adopted Resolution No. 40-2007, and thereby endorsed the Conceptual Framework that sets forth goals and principles governing the Shipyard-Candlestick Project.  The Board subsequently endorsed the Conceptual Framework on May 15, 2007 (Resolution No. 264-07), signed by the Mayor on May 25, 2007.  Also, in May 2007, the Agency Commission authorized the ENPA to provide, among other things, an option granting Lennar Communities, Inc. additional exclusive negotiation rights for the proposed development of an integrated mixed-use project on the Shipyard and on City-owned property at the Candlestick Point area.  In October 2007, Lennar Communities, Inc. exercised the option, which the Agency subsequently accepted.

 

On August 31, 2007, the Agency and the City Planning Department issued a Notice of Preparation of an Environmental Impact Report for the Shipyard-Candlestick Project, consisting of a mixed-use community on 700 acres in area and including, among other things, approximately 10,000 housing units across the two sites; 2,150,000 square feet of office, research and development, and industrial space; 645,000 square feet of retail space; and a site for a 69,000-seat football stadium.  Particular uses on the Shipyard include a permanent African marketplace, new retail town center, permanent space for the existing artist community, commercial space for digital arts, green technology and biotechnology uses, cultural and educational institutions, a stadium with associated parking and other uses, and over 100 acres of waterfront park land.  Contemplated uses on the Candlestick Point portion include about 7,500 new housing units, a mix of visitor and neighborhood-serving retail and other commercial uses, as well as renovation of the Candlestick Point Recreation Area.   

 

In May 2007, the Agency Commission authorized an ENPA with Lennar to plan for the development of an integrated mixed-use project at the Shipyard and at the Candlestick Point area of the BVHP Redevelopment Project Area.  As of August 29, 2008, the Developer acquired certain interests of Lennar, including its rights and obligations under the ENPA. 

 

Among the many issues that the Agency, City and Developer must resolve prior to approval of this integrated project are the conveyance and early transfer of the remaining Navy owned parcels at the Shipyard.  Resolution of these issues will require complex negotiations with a number of federal, state and local regulatory agencies. 

The Agency and the Developer plan to commence negotiations for early transfer of portions of the Phase 2 Property, Parcels B and G.  The early transfer will involve complex negotiations pursuant to applicable Federal and State statutes, rules and regulations governing the remediation and early transfer of “Superfund” property under the Comprehensive Environmental Response, Compensation and Liability Act, including regulatory agreements (e.g., Administrative Order on Consent with the U.S. Environmental Protection Agency, the California Department of Toxics and Substance Control, California Department of Public Health, and other regulatory agencies (collectively, the “Regulators”)).  The early transfer will also require analysis of insurance contracts and related financial assurance documents, risk allocation agreements with contractors and developers, cooperative agreements with the Navy and deeds that will include long term stewardship obligations and institutional controls.

 

The Agency, City, and Developer anticipated the use of specialized outside counsel to assist in potential early transfer negotiations when they prepared the budget for the ENPA Predevelopment Costs.  Under the ENPA, the Developer “shall pay or cause to be paid to the Agency all of the reasonable costs and expenses actually incurred by the Agency and City . . . in developing plans, performing community outreach, and in negotiating and seeking required approvals of the various documents contemplated by [the ENPA], including . . . agreements with the Navy . . . and any other governmental agencies required in connection with the use or transfer of the land . . . Project Predevelopment Costs shall include, without limitation, the fees and expenses of . . . such outside counsel . . . as the Agency or City may deem appropriate to negotiate the Transaction Documents.”  ENPA, Section 3.2 (b) at pages 21-22. 

 

Staff has identified Kutak Rock LLP (“Kutak Rock”) as the outside law firm that is uniquely qualified to provide legal services for early transfer issues related to the Shipyard-Candlestick Project.  Since May 2000, Kutak Rock has provided legal services to the Agency and City in helping to negotiate with the Navy for the Conveyance Agreement and related issues.  To date, Kutak Rock has received approximately $445,000 that Lennar has funded for this work on behalf of the Agency and City.  The firm is highly regarded for its expertise in remediation and early transfer of government owned property and its skill in negotiating with the Navy. 

 

Under the Agency's Interim Purchasing Policy and Procedures (“Policy”), non-competitive negotiations are allowed when "the item is available only from a single source," and competition is inadequate, because the award of a contract is infeasible under competitive bidding or negotiation procedures.  Policy at Page 6, Section IX.4.a. & c.  As noted above, Kutak Rock has worked on conveyance of Parcel A at the Shipyard and issues related to the Hunters Point Shipyard Redevelopment Project Area for over eight years.  The firm drafted the Conveyance Agreement that governed the conveyance of Parcel A at the Shipyard, and is working closely with the Navy and the Regulators in establishing the parameters of conveyance and early transfer of the remaining Navy owned parcels at the Shipyard.  The firm’s prior work has involved in-depth legal and title analysis, negotiating strategies, and advocacy that will be very helpful in addressing the complex conditions facing new developments at the Shipyard-Candlestick Project.  Kutak Rock’s continuing representation of the Agency and City is necessary to ensure that the Agency and City’s positions on early transfer of Navy retained parcels at the Shipyard and related issues are adequately represented.  Furthermore, given the ambitious schedule for the review and approval of the Shipyard-Candlestick Project, the City and Agency will benefit from the expertise and efficiency provided by an outside counsel already familiar with complex conditions and issues to be addressed.  In this respect, the specialized services that the Agency needs on the early transfer issues are available only from a single source, i.e., Kutak Rock.

 

Commission authorization for the Executive Director to enter into a Legal Services Contract (“Contract”) to provide specialized legal services for the proposed Shipyard-Candlestick Project is statutorily exempt from environmental review pursuant to Section 15262 of the California Environmental Quality Act (“CEQA”) Guidelines (Feasibility and Planning Studies), because the Contract is only for the provision of legal services related to the early transfer of remaining parcels at the Shipyard.  The Contract will allow and fund outside counsel to provide specialized legal services and will not independently result in significant physical effects on the environment.

 

For the reasons stated above, staff and the Office of Economic and Workforce Development recommend authorizing the Executive Director to negotiate and enter into a Legal Services Contract with Kutak Rock LLP to assist the City and Agency in resolving early transfer issues at the Shipyard for an amount not to exceed $475,000.

 

(Originated by Celena Chen, Senior Attorney, and Thor Kaslofsky, Project Manager)

 

 

 

 

Fred Blackwell

Executive Director

 

 

 

 

 


 

 

 

RESOLUTION NO. 14-2009

 

 

 

AUTHORIZING A LEGAL SERVICES CONTRACT WITH KUTAK ROCK LLP TO PROVIDE SPECIALIZED LEGAL SERVICES PRIMARILY RELATED TO CONVEYANCE AND EARLY TRANSFER OF THE REMAINING NAVY OWNED PARCELS AT THE HUNTERS POINT SHIPYARD FOR AN AMOUNT NOT TO EXCEED $475,000; BAYVIEW HUNTERS POINT AND

HUNTERS POINT SHIPYARD REDEVELOPMENT PROJECT AREAS

 

 

BASIS FOR RESOLUTION

 

  1. In July 1997, the Board of Supervisors of the City and County of San Francisco (“Board”) adopted, by Ordinance No. 285-97, a Redevelopment Plan for the revitalization of the Hunters Point Shipyard Redevelopment Project Area (“Shipyard”).

 

  1. June 1, 1999, by Resolution No. 68-99, the Agency Commission approved an Exclusive Negotiations Agreement with Lennar/BVHP LLC, a California limited liability company (“Lennar”), for the redevelopment of the Shipyard.

 

  1. On December 2, 2003, the Agency Commission approved the Disposition and Development Agreement Hunters Point Shipyard Phase 1 (“Phase 1 DDA”) with Lennar for a portion of the Shipyard identified as Parcel A-1 and Parcel

B-1.  On that same day, the Agency Commission also approved the Amended and Restated Exclusive Negotiations Agreement (“Phase 2, Hunters Point Shipyard”) (herein referred to as the “Agreement”), which sets forth the terms and conditions under which the Redevelopment Agency of the City and County of San Francisco (“Agency”) and Lennar will negotiate one or more DDAs and related agreements for the remainder of the Shipyard or portions thereof. 

 

  1.   i) extend the term of the Agreement for the period covering December 3, 2006 through December 31, 2007 and ii) modify existing and establish new terms and conditions under which the Agency and Lennar would continue to negotiate one or more DDAs for the balance of the Shipyard or portions thereof.

 

  1. On February 13, 2007, the Board passed, and, on February 15, 2007, the Mayor signed, Resolution No. 59-07, urging the Agency to amend the Agreement with Lennar to provide for the integrated planning and redevelopment of Shipyard Parcels A-3 and B through E and certain property within the Candlestick Point Activity Node of the Bayview Hunters Point Redevelopment Project Area (“Shipyard-Candlestick Project”).
  2. On May 1, 2007, the Agency Commission authorized, per Resolution No. 42-2007, a Second Amended and Restated Exclusive Negotiations and Planning Agreement (“ENPA”) with Lennar to provide, among other things, an option granting Lennar Communities, Inc. (“Lennar Communities”) additional exclusive negotiation rights for the proposed development of an integrated mixed-use project on the Shipyard and on City-owned property at the Candlestick Point area.  In October 2007, Lennar Communities exercised the option, which the Agency subsequently accepted.

 

  1. As of August 29, 2008, HPS Development Co., LP, a Delaware limited partnership (“Developer”), acquired certain interests of Lennar, including its rights and obligations under the ENPA.

 

  1. Office of Economic and Workforce Development, various departments of the City and County of San Francisco (“City”), and the Developer have been diligently negotiating the terms of a plan for the Shipyard-Candlestick Project with the goal of completing transaction documents in mid-2009.

 

  1.   The early transfer will involve complex negotiations pursuant to applicable Federal and State statutes, rules and regulations governing the remediation and early transfer of “Superfund” property under the Comprehensive Environmental Response, Compensation and Liability Act, including regulatory agreements (e.g., Administrative Order on Consent with the U.S. Environmental Protection Agency, the California Department of Toxics and Substance Control, California Department of Public Health, and other regulatory agencies (collectively, the “Regulators”)).  The early transfer will also require analysis of insurance contracts and related financial assurance documents, risk allocation agreements with contractors and developers, cooperative agreements with the Navy and deeds that will include long term stewardship obligations and institutional controls.

 

  1. The early transfer of the remaining Navy owned parcels requires specialized legal assistance to negotiate and finalize agreements with the Navy and other parties.

 

  1.   Since May 2000, it has provided legal services to the Agency and City in helping to negotiate with the Navy for the Hunters Point Shipyard Conveyance Agreement and related issues.  To date, Kutak Rock has received approximately $445,000 that Lennar has funded for this work on behalf of the Agency and City.  The firm is highly regarded for its expertise in remediation and early transfer of government owned property and its skill in negotiating with the Navy.

 

  1.   Under the ENPA, Developer “shall pay or cause to be paid to the Agency all of the reasonable costs and expenses actually incurred by the Agency and City . . . in developing plans, performing community outreach, and in negotiating and seeking required approvals of the various documents contemplated by [the ENPA], including . . . agreements with the Navy . . . and any other governmental agencies required in connection with the use or transfer of the land . . . Project Predevelopment Costs shall include, without limitation, the fees and expenses of . . . such outside counsel . . . as the Agency or City may deem appropriate to negotiate the Transaction Documents.”  ENPA, Section 3.2(b) at pages 21-22.

 

  1.   Policy at Page 6, Section IX.4.a. & c.  Kutak Rock has worked on conveyance of Parcel A at the Shipyard and issues related to the Shipyard for over eight years.  The firm drafted the Conveyance Agreement that governs the conveyance of Parcel A at the Shipyard, and is working closely with the Navy and the Regulators in establishing the parameters of conveyance and early transfer of the remaining Navy owned parcels at the Shipyard.  The firm’s prior work has involved in-depth legal and title analysis, negotiating strategies, and advocacy that will be very helpful in addressing the complex conditions facing new developments at the Shipyard-Candlestick Project.  Kutak Rock’s continuing representation of the Agency and City is necessary to ensure that the Agency and City’s positions on early transfer of Navy retained parcels at the Shipyard and related issues are adequately represented.  Furthermore, given the ambitious schedule for the review and approval of the Shipyard-Candlestick Project, the City and Agency will benefit from the expertise and efficiency provided by an outside counsel already familiar with complex conditions and issues to be addressed.  In this respect, the specialized services that the Agency needs on the early transfer issues are available only from a single source, i.e., Kutak Rock.

 

  1. and the Office of Economic and Workforce Development recommend authorizing the Executive Director to negotiate and enter into a Legal Services Contract (“Contract”) with Kutak Rock to assist the City and Agency in resolving early transfer issues of the remaining Navy owned parcels for the Shipyard-Candlestick Project for an amount not to exceed $475,000.

 

  1. to provide specialized legal services for the proposed Shipyard-Candlestick Project is statutorily exempt from environmental review pursuant to Section 15262 of the California Environmental Quality Act (“CEQA”) Guidelines (Feasibility and Planning Studies), because the Contract is only for the provision of legal services related to the early transfer of remaining parcels at the Shipyard.  The Contract will allow and fund outside counsel to provide specialized legal services and will not independently result in significant physical effects on the environment.

 

 

RESOLUTION

 

ACCORDINGLY, IT IS RESOLVED by the Redevelopment Agency of the City and County of San Francisco that the Executive Director is authorized to execute a Legal Services Contract with Kutak Rock LLP, substantially in the form lodged with the Agency General Counsel, to provide specialized legal services primarily related to early transfer issues at the Shipyard-Candlestick Project for an amount not to exceed $475,000.

 

 

APPROVED AS TO FORM:

 

 

 

__________________________

James B. Morales

Agency General Counsel

 

 

 

 

450-002.09-002                                                                             Agenda Item No. 4 ( h )

                                                                                               Meeting of February 3, 2009

 

MEMORANDUM

 

TO:                 Agency Commissioners

 

FROM:           Fred Blackwell, Executive Director

 

SUBJECT:    Adoption of a Five-Year Implementation Plan for the period 2008-2012 for the Hunters Point Shipyard Redevelopment Project Area; Hunters Point Shipyard Redevelopment Project Area

 

 

EXECUTIVE SUMMARY

California Redevelopment Law requires that redevelopment agencies adopt an implementation plan every five years following a public hearing on the Plan.  Agency staff has prepared an implementation plan for the Hunters Point Shipyard Redevelopment Project Area and noticed the public hearing as required by law. 

 

Staff recommends Agency adoption of the Five-Year plan for the Hunters Point Shipyard Project Area.

 

 

DISCUSSION

The Hunters Point Shipyard Redevelopment Project Area (“Shipyard”) was adopted on July 14, 1997.  Under special legislation passed by the United States Congress, the United States Department of the Navy (“Navy”) is to convey the Shipyard to the City and County of San Francisco (the "City") or its designated Local Reuse Authority at no cost.  The San Francisco Redevelopment Agency (“Agency”) is the Local Reuse Authority for the Shipyard. 

 

In April 2004 the Commission authorized a Conveyance Agreement between the Navy and the Agency.  The Conveyance Agreement establishes a framework and orderly process for the Agency to receive conveyances of parcels at the Shipyard from the Navy in phases.  After the Navy has completed environmental remediation of a parcel to a level consistent with the intended use of the property, the Navy must offer the parcel to the Agency. 

 

In December 2004 the Navy transferred the 88 acre Parcel A site to the Agency.  This enabled the implementation of the December 2003 Phase 1 Disposition and Development Agreement between the developer Lennar/BVHP LLC, now known as “HPS Development Co., LP” or “Lennar.”  Despite this, due to delays in the Navy's environmental remediation and land transfer process the majority of the Project Area (the entire Shipyard equals 944 acres) continues to exhibit the blighting conditions that existed at the time the initial Implementation Plan was adopted. 

 

Pursuant to California Community Redevelopment Law, Section 33490(c), the Agency is required to adopt an Implementation Plan for its Redevelopment Project Areas every five (5) years.  Before the adoption of any Implementation Plan, the Agency is required to hold a Public Hearing for the purpose of considering the Implementation Plan for the Redevelopment Project Area within its jurisdiction. 

 

In accordance with section 33490(d) of the California Community Redevelopment Law, Notices of Public Hearing were posted for three (3) weeks in at least four permanent places within the Shipyard: 1) the Guard Station at Donahue Street and Hudson Avenue, 2) the Agency Shipyard Site Office, 3) Building 101, and 4) Building 110.  Also in accordance with the law, the Notices of Public Hearing were published once a week for three (3) consecutive weeks in tworegularly published newspapers, the San Francisco Chronicle and the San Francisco Examiner.  Additionally, the Agency posted Notices of Public Hearing during this time at the Southeast Community Facility, the Bayview Anna Waden Library, the Bayview Police Station, and published in the newspapers designated by the City for community outreach: Asian Week, Bay Area Reporter, China Press, El Reportero, SF Bay Times, and Sing Tao.

 

The adoption of the Implementation Plan was discussed at the Hunters Point Shipyard Citizen’s Advisory Committee subcommittees in October 2008 and approved at its general meeting on November 10, 2008. 

 

 

CaliforniaEnvironmental Quality Act

The Implementation Plan will provide the policy and program planning for a five year period and will coordinate the planning, funding, and carrying out of programs and projects included in the Implementation Plan.  Adoption of the Implementation Plan does not constitute approval of any specific program, project, or expenditure and does not change the need to obtain any required approval of a specific program, project, or expenditure from the Agency Commission.  Accordingly, the adoption of the Implementation Plan is an administrative activity of the Agency and is not a Project as defined by California Environmental Quality Act (“CEQA”) Guidelines Section 15378(b)(5).  The proposed action will not change conditions in the Hunters Point Shipyard Redevelopment Project Area, will not independently result in a physical change in the environment and is not subject to environmental review under CEQA.  In addition, Health and Safety Code Section 33490(a)(1)(B) states that “the adoption of an implementation plan shall not constitute a project within the meaning of [CEQA]”.

 

 

STAFF RECOMMENDATION

Staff recommends adoption of the Five-Year Implementation Plan for the period 2008-2012 for the Hunters Point Shipyard Redevelopment Project Area.

 

Originated by Thor Kaslofsky, Project Manager

 

 

 

 

Fred Blackwell

Executive Director

 

 

Attachment 1:             Five-Year Implementation Plan for the period 2008-2012 for the Hunters Point Shipyard Redevelopment Project Area


 

 

 

RESOLUTION NO. 15-2009

 

 

 

ADOPTION OF A FIVE-YEAR IMPLEMENTATION PLAN FOR THE PERIOD 2008-2012 FOR THE HUNTERS POINT SHIPYARD REDEVELOPMENT PROJECT AREA; HUNTERS POINT SHIPYARD REDEVELOPMENT PROJECT AREA

 

 

BASIS FOR RESOLUTION

 

  1. By Ordinance Number 285-97, adopted July 14, 1997, the Board of Supervisors of the City and County of San Francisco authorized the Hunters Point Shipyard Redevelopment Project Area (“Project Area”).

 

  1. California Community Redevelopment Law, Health and Safety Code Section 33490 ("CRL"), requires the Redevelopment Agency of the City and County of San Francisco (“Agency”) to adopt an Implementation Plan (“Plan”) for each project area every five years.

 

  1.   The Agency is also required to post and publish a notice of public hearing (“Notice of Public Hearing”) for three weeks prior to the hearing as required by CRL.

 

  1.   This action was discussed at the Hunters Point Shipyard Citizens Advisory Committee subcommittees in October 2008 and approved at its general meeting on November 10, 2008.  Staff recommends approval of the Plan.

 

  1. The Agency Commission has reviewed and considered the Plan for the Project Area.

 

  1. of the Plan is an administrative activity of the Agency and is not a Project as defined by the California Environmental Quality Act (“CEQA”) Guidelines Section 15378(b)(5), does not constitute approval of any specific program, project, or expenditure and does not change the need to obtain any required approval of a specific program, project, or expenditure from the Agency Commission.  The proposed action will not change conditions in the Project Area, will not independently result in a physical change in the environment and is not subject to environmental review under CEQA.  In addition, Health and Safety Code Section 33490(a)(1)(B) states that “the adoption of an implementation plan shall not constitute a project within the meaning of [CEQA].”

 

 

 

 

FINDINGS

 

The Agency Commission hereby finds that Agency staff has posted the Notice of Public Hearing within the Project Area and published the notice for three successive weeks as required by CRL.

 

 

RESOLUTION

 

ACCORDINGLY, IT IS RESOLVED by the Redevelopment Agency of the City and County of San Francisco that the 2008-2012 Five-Year Implementation Plan for the Hunters Point Shipyard Redevelopment Project Area is adopted, substantially in the form lodged with the Agency General Counsel.

 

 

APPROVED AS TO FORM:

 

 

 

_________________________

James B. Morales

Agency General Counsel