HomeMy WebLinkAboutMinutes 1998-01-14 Mayor Eugene R. Mullin
Council:
James L. Datzman
Joseph A. Fernekes
~'"Karyl Matsumoto
Iohn R. Penna
Vo\ r, z
MINUTES
City Council
Municipal Services Building
Community Room
January 14, 1998
SPECIAL MEETING
CITY COUNCIL
OF THE
CITY OF SOUTH SAN FRANCISCO
JANUARY 14, 1998
NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, that
the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 14th day of January,
}98, at 7:05 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco,
ualifornia.
Purpose of the meeting:
1. Closed Session pursuant to GC 54957.6, labor negotiations on the Police Association.
Dated:
CALL TO ORDER:
January 8, 1998
AGENDA
(Cassette No. 1)
Closed Session pursuant to GC 54957.6, labor negoti-
ations on the Police Association.
City of South San Francisco
ACTION TAKEN
Mayor Mullin opened the meeting at 7:25 p.m.
Council entered a Closed Session at 7:25 p.m. to
discuss the item noticed.
M/S Matsumoto/Penna - To adjourn the meeting.
Carried by unanimous voice vote.
1/14/98
Page 1
AGENDA
RECALL TO ORDER
ADJOURNMENT
RESPECTFULLY SUBMITTED,
ACTION TAKEN
Mayor Mullin recalled the meeting to order at 7:38
p.m., all Council was present, no action was taken
and direction was given.
Time of adjournment was 7:39 p.m.
APPROVED.
Bertha ~~erk
City of South San Francisco
F May°~
rancisco
The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica-
tions, arguments and comments are recorded on tape. The tape and documents related to the items are on file in the
Office of the City Clerk and are available for inspection, review and copying.
1/14/98
Page 2
Mayor Eugene R. Mullin
Council:
James L. Datzman
Joseph A. Fernekes
"-'Karyl Matsumoto
Iohn R. Penna
CALL TO ORDER
ROLL CALL
_ LEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
Introduction of new and promoted employees
1/14/98
Page 1
MINUTES
City Council
Municipal Services Building
Community Room
January 14, 1998
7:47 p.m. Mayor Mullin presiding
Council Present:
Council Absent:
Datzman, Fernekes, Matsumoto,
Penna and Mullin
None
Deputy City Clerk Hernandez stated that City Clerk
Barbara Battaya is under doctor supervision with a
viral infection and will be back on the 20th of Janu-
ary. She is her Deputy and will handle the meeting
tonight per her authorization.
Mayor Mullin welcomed Deputy City Clerk
Hernandez, and Assistant City Attorney Katherine
Wellman who is covering for City Attorney Steve
Mattas.
The Pledge was recited.
Reverend Ken Jones, Good News Chapel, gave the
invocation.
PRESENTATIONS
Director of Parks Recreation and Community Ser-
vices Barry Nagel introduced promoted employees
Susan Perotti and Robert Romero.
Director of Economic and Community Development
Marty Van Duyn introduced new employee Michael
Upston.
Fire Chief Lee introduced new employee paramedic
firefighters Chris Kehr and Bryan Saenz.
Police Chief Raffaelli introduced new police em-
ployees Bart Paduveris, Eric McDaniel, Bruce
McPhillips, David Kenyan, Brock Davis and Doug
Smith; and promoted employees Yvette Barroso,
Patricia Hernandez-Fletcher and Sergeant Bill
Carter.
AGENDA ACTION TAKEN
PRESENTATIONS
enior Health Fair
AGENDA REVIEW
1/14/98
Page 2
PRESENTATIONS
Elaine Porter, Recreation Supervisor, related: An
invitation to Council for the upcoming Senior Health
and Fitness Fair, "Fresh Start" for individuals who
are 50 and older, it is called Fresh Start because we
are into 1998 and we want to advocate good health
and be proactive in our health; the Health Fair is co-
sponsored by Seton Medical Center and Kaiser
Permanente, it is the first time that both Medical
Center and Hospital worked together and we are
excited about the resources they can provide; the
Health Fair is on the 30th of January from 10:00 to
2:00 in the MSB; there are going to be health scre-
enings, doctors and pharmacists for consultations,
health awareness talks, stress reduction and acupres-
sure workshops, physical therapists, chiropractors,
cooking demonstrations and a variety of booths;
the San Mateo County Peer Counseling Program,
Health Insurance Counseling in Advocacy Group,
the American Parkinson's Association, the Cancer
Society and lots of different groups will be there.
AGENDA REVIEW
City Manager Wilson stated that there were a couple
of items to be added and asked Assistant City Attor-
ney Wellman to review the language.
Assistant City Attorney Wellman related to Council,
"There are actually four items that we are asking the
Council to add to the agenda, two of them are dos-
ed session items; and two of them are open session
items, these items would be added pursuant to Gov-
ernment Code section 54954.262 which requires a
two-thirds vote by the City Council; that the items
came to the attention of staff after the agenda had
been posted and two, that there is an immediate
need to take action prior to the next City Council
meeting, so, what I would like to suggest to do is to
go through each of the items with you, give you the
explanations, allow you to make the appropriate
motions, should you so desire, three of them deal
with Bay West Cove the first item is a Closed Ses-
sion item, it would be entitled real property
negotiations for the sale of a 2,792 square foot
portion of property located at the intersection of
Oyster Point Boulevard and Gateway Boulevard this
would be a Closed Session item pursuant to Govern-
ment Code Section 54956.8, for the record, George
Morris would be the negotiator for Bay West Cove;
AGENDA ACTION TAKEN
AGENDA REVIEW
1/14/98
Page 3
AGENDA REVIEW
the findings would be similar for the next three
items, Bay West Cove is currently in escrow, it was
not until last Friday that it came to our attention that
this portion of property was part of the parcel map
that was approved by the Planning Commission for
the Bay West Cove Development and it also came
to the attention of staff after the porting of the agen-
da that Bay West Cove has a contractual obligation
with Nation Auto to close escrow by this Friday,
therefore, we need some action by the Council."
M/S Fernekes/Datzman to add the Closed Session to
the agenda.
Carried by majority roll call vote, Councilman
Penna stated that he was abstaining because of an
FPPC ruling that occurred 8 years ago which does
not allow him to vote on that site.
Assistant City Attorney Wellman continued: "The
second item would be an open session item it would
be a resolution authorizing the sale of City property
to Bay West Cove and authorizing the City Manager
to execute the agreement to purchase real property
and to execute the grant deed; the findings on this
are very similar, it is to the fact that escrow needs to
be closed by Friday and that this came to our atten-
tion after the agenda was posted."
M/S Matsumoto/Fernekes to add the item to the
agenda.
Carried by majority roll call vote with Councilman
Penna abstaining due to a conflict of interest.
Assistant City Attorney Wellman continued: "The
third item is very similar it is consideration and
approval of acceptance and dedications and reserva-
tions for a parcel map for Bay West Cove and allow
staff to execute a subdivision improvement agree-
ment for the Bay West Cove parcel map; again we
were not aware of the contractual obligation to close
escrow by Friday and this needs to be done in order
for escrow to close. ~
M/S Fernekes/Datzman to add the item to the agen-
da.
Carried by majority roll call vote, with Councilman
AGENDA ACTION TAKEN
AGENDA REVIEW
ORAL COMMUNICATIONS
1/14/98
Page 4
AGENDA REVIEW
Penna abstaining due to a conflict of interest.
Assistant City Attorney Wellman related: "The last
item is unrelated; this would be a Closed Session
item that would be added pursuant to Government
Code Section 54956.9b 1, for information related to
the topic has just come into the possession of the
City and there is need for the City to act on this
information prior to the next City Council meeting
and there is significant exposure to possible litiga-
tion.'
M/S Fernekes/Datzman to add the Closed Session to
the agenda.
Carried by unanimous roll call vote.
Assistant City Attorney Wellman suggested that the
Council deal with two open session items after the
Closed Session.
ORAL COMMUNICATIONS
Kathy Maness stated that she is a senior at South
San Francisco High School, last year she partici-
pated in the Ms. Junior America Pageant and won
the title of Ms. Junior South San Francisco, it was a
wonderful accomplishment but asked for Council
assistance for this costs $395.00.
Mayor Mullin referred the request to the City Mana-
ger and he would get back to her.
Eva Pitts, 195 Hemlock, related: She was before
the Council because of the drainage in her house at
905 Hemlock; she had a letter from Director of
Public Works John Gibbs that said that everything
was done by Code and the letter said that the others
have a right; she questioned how others had a right
when she put in her own drainage to be hooked up
to her home and she has all the papers to prove she
did it in 1966; there was never any drainage there
when she moved in, she put it in, so, he did not
investigate very good or he would have found this in
the records.
Mayor Mullin referred the problem to the City
Manager for the problem would be investigated.
AGENDA ACTION TAKEN
ORAL COMMUNICATIONS
COMMUNITY FORUM
1/14/98
Page 5
ORAL COMMUNICATIONS
Mr. Ron Burgess related: He was representing
ArtRise Theater, and he has two items he would like
to bring to the attention of Council and to the pub-
lic. Aft0r a vory succ~sful run of tho play, "A
Piece of my Heart," which was a full house every
performance, it was extended by several performa-
nces, and they are following up with a new play
"What I did Last Summer." Basically its about a
well to do vacation colony, where a rebellious four-
teen year old finds himself embroiled in a relation-
ship with a free thinking and artistic older woman as
he searches for a path to follow into adulthood. Per-
formances will be in January and February. Sec-
ondly ArtRise is going to present an after school
program; drama classes, they are going to start on
January 27th, running through May 5, classes are 3
month sessions for one hour one night a week; with
Drama I, for children ages 8-11 and Drama II, for
children ages 12-16, ArtRise has had an incredibly
successful participation, those who have participated
in this program have gone to acting as a profession
or have gone into ArtRise. It is $150 for classes
taught by Karen Finch.
Collin Post related: He would like to congratulate
the City and the Council on this youth center that is
getting off the ground in six months. He is volun-
teering himself to the City if any assistance is need-
ed, he would like to help as much as possible with
anything that has to do with the youth of our City.
The last time the City had a Youth Commission it
was appointed by Council and it did not go too well,
he is suggesting that the Council get a Youth Comis-
sion started again and is also willing to be on that
along with staff who will be in charge of it so every-
one can work together and provide good service to
our youth and thanked Council for putting up a
youth center.
COMMUNITY FORUM
Councilman Penna related: That the Council re-
ceived the Treasurer's report, and Beverly
Bonalanza Ford has again done a very good job in
investing our City funds in a very safe and prudent
manner and averaging better than a six percent
interest rate for our funds, that she is investing; he
congratulated the City Treasurer for a job well
done.
AGENDA ACTION TAKEN
COMMUNITY FORUM
1/14/98
Page 6
COMMUNITY FORUM
Councilman Fernekes stated that he and Council-
woman Matsumoto had the opportunity of going to
one of the clubs in our City, the Caldonian Club,
they are located on Maple Avenue, it was their
installation of officers and it was quite a nice eve-
ning and the City was well represented by both
Councilmembers.
Councilwoman Matsumoto related: She attended the
Community Airport Roundtable last Wednesday and
there were a couple of items that she took back to
Council; the continuing Chair is Pat Kelley and the
Vice Chair is Supervisor Mary Griffin; they both
ran unopposed; the City was also asked to vote on
whether we would admit an out of County city into
the Roundtable, as it turned out through Counties
Counsel, the only way this could be done was by
amending the MOU and it would take the originat-
ing Cities; so it was left that they would not be
joining; five cities were selected to give reports on
their noise insulation programs and South San Fran-
cisco was one of them and she commended David
Valkenaar, the City Manager and Councilmembers
that set up this program, because the City is above
other cities on how we are initiating what we have
accomplished cost wise and what we, our residents,
are getting in the program; a lot of Councilmembers
mentioned to her that it was impressive; she also
related to them that the City was in the process of
contracting with a professional noise consultant; up
until now the only processionals on staff have been
through the airport; this was well received by other
cities and they are looking at us to take a lead.
Vice Mayor Datzman wanted to thank and congratu-
late the Cultural Arts Commission, and the Parks,
Recreation and Community Services staff; several
members of Council and other people know how
much work goes into putting on special events that
may go on for a short duration, but a lot of work
goes into it. The department just had a miniatures
and ceramics show, it was well attended and real
positive for the community.
Mayor Mullin informed everyone that Councilman
Fernekes had just been elected to Vice Chair of the
Northern Council of Cities which represents the
cities in the north part of San Mateo County, and
congratulated him.
AGENDA ACTION TAKEN
CONSENT CALENDAR
1. Motion to approve Minutes of the Regular Meeting of
12/10/97 and Special Meeting of 12/17/97.
2. Motion to confirm expense claims of 1/14/98. ,5~O I.~
Resolution awarding a contract to Wilsey Ham in the
amount of $104,460 for reconstruction of roadway,
curb and gutter on Commercial Avenue from Chest-
nut to Linden Avenues.
A RESOLUTION APPROVING AN AGREEMENT
WITH WILSEY HAM IN AN AMOUNT NOT TO
EXCEED $104,460 RELATED TO STREET AND
CURB IMPROVEMENTS ON COMMERCIAL
AVENUE
Motion to accept the Callan Boulevard reconstruction
project as complete in accordance with the plans and
specifications. ,5-O~
5. Resolution approving Memoranda of Understanding
for the Police Association. t° -090
A RESOLUTION APPROVING A MEMORAN-
DUM OF UNDERSTANDING BETWEEN THE
CITY OF SOUTH SAN FRANCISCO AND THE
POLICE OFFICERS' ASSOCIATION
Resolution approving a budget amendment to the o~'-12-t9
operating budget for West Park 1, 2, & 3, and Wil-
low Gardens Parks and Parkways Maintenance Dis-
trict in the amount of $46,505.
A RESOLUTION APPROVING AN AMENDMENT
TO THE 1997-98 OPERATING BUDGET (87-7)
ADDING $46,505 FOR THE WEST PARK #1 &//2,
WEST PARK #3 AND WILLOW GARDENS
PARKS AND PARKWAYS MAINTENANCE DIS-
TRICT PROJECT
Motion to authorize the City Manager to execute an
agreement with the Red Cross for shelters at
Westborough Community Center and Magnolia Se-
nior Center in cases of emergency.
CONSENT CALENDAR
Approved.
Approved in the amount of $5,451,327.69.
Removed from the Consent Calendar for discussion
by Councilman Datzman.
Accepted.
RESOLUTION NO. 1-98
RESOLUTION NO. 2-98
Removed from the Consent Calendar for discussion
by Councilman Datzman.
M/S Fernekes/Penna - To approve the Consent
Calendar with the exception of Items 3 and 7.
Carried by unanimous voice vote.
1/14/98
Page 7
AGENDA ACTION TAKEN
Resolution awarding a contract to Wilsey Ham in the
amount of $104,460 for reconstruction of roadway,
curb and gutter on Commercial Avenue from Chest-
nut to Linden Avenues. .~'0
A RESOLUTION APPROVING AN AGREEMENT
WITH WILSEY HAM IN AN AMOUNT NOT TO
EXCEED $104,460 RELATED TO STREET AND
CURB IMPROVEMENTS ON COMMERCIAL
AVENUE
Vice Mayor Datzman related: Everyone on Com-
mercial avenue and the rest of the citizens are
thrilled to see that something is going to happen
with the pavement; its long overdue, but a recent
experience would suggest that we had some situa-
tions that dealt with a similar project; we ended up
okay on Orange Avenue but it was a while getting
there with some of the things that occurred; he
he questioned, when there are problems, with the
duration of the project, there would be occasions on
some weekends with work in progress and if so, will
there be contact numbers or belated contact people if
we encounter problems with the project.
Director of Public Works Gibbs related: Yes, as
Council knows we reorganized the construction and
inspection divisions of Public Works last year; we
will be having a project manager in charge of con-
struction this year; we will be publishing to Council
schedules, as well as, to the rest of the City depart-
ments as to when the streets are being worked on;
also at that time we will have an ongoing public
relations program, whereby the people in the neigh-
borhood can contact certain members of staff at
certain hours of the weekend; written into the speci-
fications he will chose times and housekeeping
requirements for contractor's; in some cases like
Orange Avenue, staff had some problems with the
drainage and could not get it to work right, hopeful-
ly we will not have those problems this time; last
year we completed some $7 million worth of street
work without any problems, so hopefully this year
staff will come closer.
Councilman Penna related: Along the street of
Commercial Avenue, especially in the area of Com-
mercial and Maple there are some original markings
of when the sidewalk was constructed with the origi-
nal stamp of the construction firm and he was hop-
ing that those slabs could be delicately removed and
preserved so they could be handed over to the His-
torical Society or stored; he believes the dates on the
marking are either 1911 or 1914; some other blocks
with these markings could be the corners of Com-
mercial and Eucalyptus; staff might want to make
sure that wherever the markings are those pieces are
preserved.
M/S Datzman/Penna - To adopt a Resolution award-
ing a contract to Wilsey Ham.
1/14/98
Page 8
AGENDA ACTION TAKEN
Resolution - Continued.
Motion to authorize the City Manager to execute an o~'~d {o
agreement with the Red Cross for shelters at
Westborough Community Center and Magnolia Se-
nior Center in cases of emergency.
RESOLUTION NO. 3-98
Carried by unanimous voice vote.
Councilwoman Matsumoto related: She is glad that
the City is stepping up to the plate, but would like
more information on the issue; what parameters are
set, for instance she takes classes at Westborough
Center, and in cases of emergency is this for our
residents in South San Francisco or what if there
was a power outage for a couple of days in Daly
City, are we housing those residents; what cities are
participating in this program and if there is an im-
pact, she knows there are the children in the park,
she wanted answers to her questions.
Director of Parks, Recreation and Community Serv-
ices Nagel related: The Bay Area Red Cross ap-
preached San Mateo County specifically and they
approached all the cities in the County; their goal
is short term incidents such as fire perhaps on a
single apartment complex, or a power outage like
the Councilmember mentioned, but to a more iso-
lated case not a mass disaster, but more isolated
very short term maybe for a couple of hours or if it
is for a Police action where they have to isolate
people and get them out of the area; they do have all
their agreements still in place with the school district
and that is for a mass care shelter at the high
schools, as well as all the school campuses for in-
door and outdoor use; they felt that the recreation
centers would be a good option for them for these
small incidents, this would be only for South San
Francisco residents, clearly for our community; they
have blanketed the entire County, in a conversation
with the Red Cross they indicated that Pacifica, Daly
City, and Half Moon Bay have responded, they
were not sure if more of the cities had their agree-
ments in place, this action allows the City Manager
to enter into agreement with the Red Cross of San
Mateo County, and again it is strictly for our resi-
dents, short term in duration just for a few hours
maybe up to a couple of days within the incident;
we do have the authority within the agreement to ask
that they relocate within 48 hours if the shelter goes
longer than we want it; so, it is very small in nature
and gives them a little more flexibility, and we
looked at all our recreation facilities, staff is recom-
mending these two because they have food prepara-
tion facilities, they are not very large as Council-
member Matsumoto mentioned; Westborough for
1/14/98
Page 9
AGENDA ACTION TAKEN
7. Motion - Continued.
RECESS
RECALL TO ORDER
PUBLIC HEARINGS
8. Public Hearing - Consideration of REST Parking
Garage, GP-97-009, RZ-97-008, UP-97-008 and
Negative Declaration No. 97-008 for rezoning four of
the finger piers from O-S to Planned Industrial - Use
Permit to allow construction of airport parking
facility consisting of a seven level parking structure
and surface parking totalling 1,861 spaces; Public
Hearing opened on 12/17/97 and testimony deferred
to 1/14/97; motion to defer testimony and continue
Public Hearing to 1/28/98.
A RESOLUTION ADOPTING A GENERAL PLAN
AMENDMENT TO THE EAST OF 101 AREA
PLAN RELATED TO DEVELOPMENT OF
PARCEL NO. 015-180-020 AND REALIGNING
THE BAY TRAIL
AN ORDINANCE AMENDING THE ZONING
DISTRICT MAP OF THE CITY OF SOUTH SAN
FRANCISCO TO CHANGE THE ZONING OF
PARCEL NO. 015-180-020 FROM OPEN SPACE
(O-S) TO PLANNED INDUSTRIAL (P-I)
Public Hearing - Consideration of ZA-97-068, Neg.
Dec. No. ND-97-068, Genentech Research and De-
velopment Overlay District annual report and zoning
ordinance modifying Chapter 20.39 and Chapter
20.40 of the SSFMC; conduct Public Hearing; Mo-
tion to approve Negative Declaration No. ND-97-068,
Motion adopt a resolution approving negative Decla-
ration and motion to waive reading and introduce a
zoning ordinance.
example has programs, as we all know, it's a very
small facility, and for an isolated case it may be
very helpful for the Red Cross and provide some
flexibility.
M/S Matsumoto/Penna - To authorize the City Man-
ager to execute an agreement with the Red Cross.
Carried by unanimous voice vote.
Mayor Mullin called a recess at 8:31 p.m.
Mayor Mullin recalled the Meeting to order at 8:37
p.m.
PUBLIC HEARINGS
City Manager Wilson gave the Council an update
and mentioned that the applicant was reviewing
some of the documents with his bank and the
consultant architect is finishing some documents.
Staff is hoping that the documents will be complet-
ed so that Council can act on this at the next meet-
ing.
M/S Fernekes/Datzman to defer testimony and
continue the Public Hearing to 1/28/98.
Carried by unanimous voice vote.
Deputy City Clerk Hernandez read the title of the
Ordinance in its entirety.
Mayor Mullin opened the Public Hearing.
Chief Planner Harnish related: This sounds com-
plex, but actually is very simple; there are basically
two issues before Council; one, being the presenta-
tion of the annual report for the Genentech Research
and Development Overlay Zone, an item that is
required for every project that is approved in the
1/14/98
Page 10
~ENDA ACTION TAKEN
PUBLIC HEARINGS
Public Hearing - Continued.
A RESOLUTION ADOPTING NEGATIVE DEC-
LARATION ND-97-068 RELATED TO AMEND-
MENTS TO THE CITY'S ZONING CODE PER-
TAINING TO THE "RESEARCH AND DEVELOP-
MENT OVERLAY DISTRICT REGULATIONS"
(CHAPTER 20.39) AND THE "GENENTECH RE-
SEARCH AND DEVELOPMENT OVERLAY DIS-
TRICT'' (CHAPTER 20.40) LOCATED IN THE
EAST OF 101 AREA
AN ORDINANCE AMENDING THE SOUTH SAN
FRANCISCO MUNICIPAL CODE SECTIONS
PERTAINING TO THE "RESEARCH AND
DEVELOPMENT OVERLAY DISTRICT REGULA-
TIONS'' (CHAPTER 20.39) AND THE
"GENENTECH RESEARCH AND DEVELOP-
MENT OVERLAY DISTRICT" (CHAPTER 20.40)
AREA
PUBLIC HEARINGS
overlay zone and secondly, a series of proposed
amendments to the zoning ordinance that the appli-
cant, Genentech, has presented; some of these relate
to Genentech and some relate to any development
that would occur in the overlay zone; staff will go
through these as they go through the presentation;
since the development of this Research and Develop-
ment Overlay Zone, Genentech is the only company
that has taken advantage of this; this was originally
developed in cooperation with them; other business-
es could take advantage of this, but there are none in
the near future, but it certainly is available to any-
body; we have broken down several items before
Council; the Genentech annual report, which is an
item that would be accepted by Council without
action, the Negative Declaration, which relates to
the proposed zoning ordinance amendments, there
are the specific zoning ordinance amendments that
relate first to the Research and Development Over-
lay District as a whole that would apply to any new
development in this district and then there are the
specific zoning ordinance amendments that relate to
Genentech itself; the purpose of this annual report is
to provide an update as to the progress of the imple-
mentation of the specific items under the master plan
that was developed; the annual report also provides
an update as to what is going on at Genentech; it
provides status on the implementation on the details
in the master plan; which is really a long range plan
for the development of the campus over a period of
time; the annul report identifies the near term future
projects, and it finally identifies a basis for propos-
ing modifications to the Research and Development
Overlay District.
Chief Planner Harnish continued: The master plan
is like a General Plan for Genentech, and its entire
campus and essentially lays out the long term ex-
pectations of development on the site; it allows
Genentech the flexibility to respond to changes in
their business plan for near and long term advance;
one major advantage to this overall program is that
this plan and overlay zone allows Genentech and the
City to work cooperatively together to develop any
kind of changes that might be necessary and those
are some issues that are before Council; it also takes
into consideration the needs of the biotech industry,
specifically because of the nature of the industry and
the feasibility needed; the overall regulations and the
1/14/98
Page 11
AGENDA ACTION TAKEN
PUBLIC HEARINGS
9. Public Hearing - Continued.
1/14/98
Page 12
PUBLIC HEARINGS
master plan itself have been developed with the idea
of providing that flexibility to the company; we have
identified in the staff report, the relation between the
City's plan, and the Overlay District, and the specif-
ic needs of Genentech itself; this is a three level
planning tool; we have the East of 101 General Plan
that set the overall policies and guidelines, the Re-
search and Development Overlay District where
essentially staff laid out the format on how industries
like Genentech would prepare master plans and how
they would be implemented; and the third is the
Master Plan itself; staff brought to the Planning
Commission several recommendations from
Genentech on modifications to the overall Research
and Development Overly District the first issue
currently under the minor use permit process for the
zoning administrator has approved expansion up to
20,000 square feet, these are changes that are con-
sistent with the Master Plan for any deviations from
the Master Plan would go through the regular ap-
proval plan; the change and the size of the buildings
and the developments that are going on at
Genentech; the proposal was to expand the 20,000
square feet to 30,000 square feet; secondly it was
proposed that the annual report become a bi-annual
report to be prepared every two years rather than
every year, due to the time that it takes to put the
report together, do a summary of all the activities
that have been going on at the campus; it seemed
that it was more functional to do this review every
two years rather that each year; finally a minor
technical issue, when there is a review of minor
use permits staff requires an environmental review
of some sort and the proposal was to investigate the
possibility of having categorical exemptions apply to
each of the minor use permit activities; as far as
proposals related to Genentech, there are three
items, one is related to the off-street parking re-
quirements and the proposed changes are that the
handicap parking requirements would be based on a
facility wide plan, as opposed to how it is done
now which is parking lot by parking lot, and this
would allow for Genentech to work with the City to
adopt a plan that has been prepared and staff has re-
viewed; it would relate the handicap parking on a
building by building basis rather than by a parking
lot basis; secondly the building height under the
Genentech plan is 65 feet, and the proposal is to
increase the building height to 150 feet, which is
AGENDA ACTION TAKEN
~PUBLIC HEARINGS
9. Public Hearing - Continued.
1/14/98
Page 13
PUBLIC HEARINGS
incidentally consistent with the East of 101 Plan, the
Gateway Specific Plan and other plans in the area,
and finally going back to the annual development
review which is a specific element of the Genentech
Plan, and this would again go from one year to two
years.
Chief Planner Harnish continued: The Planning
Commission considered all of these changes at their
meeting and had some questions on two or three of
the items and continued it until they could take a
tour of the facility; Peter Yee, who is representing
Genentech and is here to answer any question, took
the Planning Commission on a tour, the Commission
was able to discuss many of these issues with
Genentech's staff, as a result of that discussion, at
the subsequent meeting the Planning Commission
took action to recommend to Council that most of
the changes recommended be approved, that would
include the minor use permit, increase to 30,000
square feet, the CEQA exemption will be left to
project by project determination, it's likely that most
of these projects will be exempt, but we are bound
by state law to evaluate each of them individually so
we can't do a blanket exemption and the Planning
Commission recognized that and would recommend
that approach to be taken on the issue; the Planning
Commission also recommended and supported the
changes related to off-street parking, and the in-
crease in building height; the one issue that the
Planning Commission would recommend is that the
annual report remain annual rather than be extended
to two years, and the rational being that they felt the
City/Genentech cooperative effort is one that the
Planning Commission wants to maintain and the
annual review facilitated that communication this
would allow the Planning Commission to have a
closer more periodic review from Genentech; to
summarize the Planning Commission's recommenda-
tion is to accept the Negative Declaration No. ND-
97-068, and approve the zoning amendments for
both the Overlay Zone as to Genentech specifically.
Vice Mayor Datzman related: He has an apprecia-
tion for the fact that Genentech has been a real
positive example of an organization that has partici
pated in the big picture, whether it be transportation
issues or looking beyond their immediate bound-
aries; but in looking at the report it says in 1993,
AGENDA ACTION TAKEN
PUBLIC HEARINGS
9. Public Hearing - Continued.
1/14/98
Page 14
PUBLIC HEARINGS
%5-
2,080 employees are projected and in 2010, 4,500
employees; he questioned if what the Council has
before them is in respect to the additional employees
that will be coming aboard.
Chief Planner Harnish stated: The additional em-
ployees are an indicator of their expectations for
their growth and development, those projections may
change over time.
Vice Mayor Datzman questioned: That would be
the reason for increasing parking but looking at item
12 or 13, where would the proposal affect existing,
or will it create a demand for additional housing or
transportation circulation, if there would be a sub-
stantial impact on existing transportation systems.
Chief Planner Harnish responded: The proposal
before you is different than the Master Plan; the
Master Plan has been adopted by the City and that
anticipates this growth, for what you have already
approved; here are some minor tinkerings that we
want to do with the zoning ordinance, and neither
one of those actions would have an effect on trans-
portation and housing, in our opinion - the growth
in Genentech would, but the Council in approving
that Master Plan several years ago had already
considered that; staff had an environmental docu-
ment that assessed the impacts and took action.
Vice Mayor Datzman question page 4 of the ordi-
nance draft due to a policy issue at one time it was
real clear that when anyone put parking in private
areas of the City they had wheel stops as a matter of
policy. He read from the ordinance draft that the
requirements to have wheel stops would not apply to
the Genentech Research and Development Overlay
District, and a couple of months ago Council had an
issue where they talked about consistency in policy,
so that everybody felt that there was an equity in
treatment. He questioned why this was being
recommended differently and what people are going
to be told concerning wheel stops.
Chief Planner Harnish related: The question was
raised some time ago by Genentech and staff had
discussion about this with the Police Department,
Engineering Division and the Planning Division; the
reasons for wheel stops are several, it eliminates
AGENDA A~TION TAKEN
PUBLIC HEARINGS
9. Public Hearing - Continued.
1 / 14/98
Page 15
PUBLIC HEARINGS
people cutting across the parking lots and not re-
specting the striped lanes; it keeps proper circula-
tion, keeps people from over parking or parking in
the wrong places, protects landscaping and poles;
Genentech proposed that they not have to put wheel
stops in because they have such an aggressive park-
ing management plan and security force on site that
regulates their parking, supervises the parking, and
tows people that are not correctly parked; because of
this aggressive plan they felt that it was not neces-
sary to put wheel stops in under these circumstanc-
es; staff evaluated this and felt that it would be
acceptable to not have wheel stops in those parking
lots and from a policy standpoint, if another busi-
ness came forward with the same kind of parking
management plan we would consider the same kind
of treatment on a case by case basis.
Datzman questioned if that was in writing some-
where.
Chief Planner Harnish responded: No, there are a
number of instances where staff has accommodated
certain circumstances where a business or a devel-
opment does not precisely fit the letter of our ordi-
nances because it has common sense to do some-
thing like that, normally what will happen, once its
done, is that we would apply that particular informal
policy in subsequent circumstances; since this issue
has come up we have discussed codifying or famil-
iarizing this policy, so that it is written and known
that the standards are available for everybody to
look at but we have not done that yet.
Councilwoman Matsumoto related: When Council
votes for this we have the Research and Develop-
ment Overlay District and Genentech Research and
Development Overlay District; on the annual report
and the annual development review they are not the
same in a lot of companies, but takes it that these
are the same, because in Genentech it is called the
annual development review. She questioned if that
is the same thing that the City is using in the Re-
search and Development District.
Chief Planner Harnish related: That is correct, in
order for us to have accommodated Genentech's
request to go to a two year review we would have to
change the requirement for everyone, and the Plan-
AGENDA ACTION TAKEN
PUBLIC HEARINGS
7. Public Hearing - Continued.
1/14/98
Page 16
PUBLIC HEARINGS
ning Commission is recommending that this not be
changed and that it remain as one year.
Discussion continued: If this goes back to
Genentech it would remain at one year and Coun-
cilwoman Matsumoto wants to support the Planning
Commission's decision; yes, if Council supports the
Planning Commission recommendation it would
remain at one year.
Councilman Fernekes complimented Genentech, who
always does a first class presentation in manuals and
speaking and they compliment the City well. He
thanked Genentech for doing a great job.
Peter Yee related: It has been a pleasure for him to
work with City staff and is hoping this relationship
will continue into the future for a few more years
and thanked Councilman Fernekes.
Mayor Mullin questioned: The height, it seems that
65 feet to 150 feet is a dramatic change and would
like some background on how that will affect the
scale of the campus and does this mean that the City
is looking at 15 story buildings on the campus which
is dramatically different than the look that the cam-
pus has at this time.
Chief Planner Harnish related: In staff's discussions
with Genentech the real basis for this is to have their
project fit with the area and currently do not have
plans to go that high; it would require a change of
the Master Plan in some cases, because their expec-
tations are to continue to develop in the mid-rise or
low-rise level; this is a technical change, it is not
anticipating any specific high-rises that would come
in but they felt that it would be appropriate to give
them the flexibility and treat them similarly to the
Gateway.
Mayor Mullin questioned: The original scale of 65
was to create a unified campus atmosphere in the
lower, middle and upper campus; if Genentech has
an option to go out and buy more land or take what
you have and go up it is more economical to go up
rather than go out and purchase new land; is that
technically that we are looking at this and it gives
them that option.
AGENDA ACTION TAKEN
PUBLIC HEARINGS
Public Hearing - Continued.
1/14/98
Page 17
PUBLIC HEARINGS
Chief Planner Harnish related: The 150 feet was
chosen, because it is a height level that exists in
other areas nearby; if they exceeded the 65 feet it
probably would not go up to 150 feet; Genentech
feels that it would allow them some flexibility;
especially some buildings that do not have the nor-
mai floors that an office building would have.
Peter Yee related: Genentech, at this particular
time, does not have any plans to change the charac-
ter of the campus; the reason for the 65 is because
our former CEO had a lot to say about the campus;
his desire was that the campus should be a mid low-
rise type of affair and spread out; we have a new
CEO and this has not changed anything, we develop
and grow as a campus; Genentech is 90+ acres with
1.8 million square feet and land has become scarce;
they have touched the 65 foot limit several times;
some of the amendments before the Council are
small; we are here because we had a chance to test
the overlay amendment and Genentech knew that
once it was created we would use it and would find
some areas to tinker with, and that is what
Genentech is doing; the 150 is a number that reflect-
ed the East of 101 Area Plan with some of the other
districts; Genentech thought 100 feet would do it,
they did not know what to ask for, so they saw the
limit in other districts and asked for that limit; there
are going to be opportunities for the Planning Com-
mission and the City, by individual project basis as
they come forward, to decide to go to a four, five or
six story building; they reviewed the limit and the
architectural impact to the area; as Genentech goes
forward they will have the option to look at it.
Mayor Mullin related: The annual report is proba-
bly not necessary but the hand holding aspect of
continuing the relationship between the City and that
particular business, it makes sense to continue that
short term, on an annual basis, and he concurred
with the Planning Commission.
Mayor Mullin closed the Public Hearing.
M/S Matsumoto/Fernekes - To adopt the Resolution
approving Negative Declaration No. 97-068, to
waive reading and introduce an Ordinance amending
the zoning ordinance.
A~ENDA A~TION TAKEN
PUBLIC HEARINGS
Public Hearing - Continued.
10. Public Hearing - Consideration of SA-97-060 and .5'0~
PUD-97-060, Mitigated Negative Declaration No. 97-
060, SSFUSD/Avalon School subdivision of a 5.2
acre site for 21 lots, and Planned Unit Development
to allow a residential subdivision with lot widths of
less than 50 feet and a cul-de-sac over 500 feet in
length at 375 Dorado Way; Conduct Public Hearing;
Motion to approve Mitigated Negative Declaration
No. 97-060, resolution approving SA-97-060 and
PUD-97-060.
A RESOLUTION APPROVING MITIGATED NEG-
ATIVE DECLARATION NO. 97-060, TENTATIVE
SUBDIVISION MAP SA 97-060 AND PLANNED
UNIT DEVELOPMENT 97-060, A 21 UNIT RESI-
DENTIAL DEVELOPMENT
PUBLIC HEARINGS
RESOLUTION NO. 4-98
IST READING/INTRODUCTION
Carried by unanimous voice vote.
Vice Mayor Datzman wanted the City to have a
policy aligning wheel stops and he feels strongly
about this and if that is understood, then he does not
have any problems with it.
Staff was given direction to put the admission of
wheel stops on an agenda and when it would be
acceptable in writing.
Mayor Mullin opened the Public Hearing.
Chief Planner Harnish related: This is a relatively
small subdivision of 21 units that is proposed slight-
ly over a 5 acre parcel for the Avalon School site, it
is next to the Avalon Park; this is an oddly shaped
parcel where the developers spent time putting to-
gether a subdivision that complies with our existing
regulations, but there are some minor modifications
that require a PUD; the summary of the project is
that there are 21 houses and the lot size average is
8,200 square feet and this is in a zoning district that
has a minimum lot size of 5,000 square feet, so all
of the lots are 5,000 and some are over; the density
is four units to the acre in an area that would allow
up to eight units to the acre; the project has included
an expansion of the Avalon Park, and there is some
land being dedicated to the site; there are a large
amount of trees on the site many of which are dis-
eased; many will be removed but all replaced as part
of the project; the site has experienced run off prob-
lems; neighbors adjacent to the site have experienced
flooding into their backyards, so another advantage
to the development of the site is that the runoff will
be controlled and directed out to the new street;
there are several large lots included here basically
because of the configuration of the site; the houses
range from 2800 square feet to almost 3000 square
feet; they are five and six bedroom units; the devel-
oper and consultants are here to make a more de-
tailed presentation if Council would like; they made
a major effort to integrate the housing design with
the neighborhood; at the outset of the project the
neighborhood raised several issues and this develop-
1/14/98
Page 18
AGENDA ACTION TAKEN
PUBLIC HEARINGS
0. Public Hearing - Continued.
1/14/98
Page 19
PUBLIC HEARINGS
er has worked closely with the neighborhood to re-
solve the issues that were raised by the neighbor-
hood; a number of issues included the potential
expansion of the Avalon Park, the preservation of
the trees; storm water run off, the increase of the
residential units impacting the schools, and the effect
of the project on traffic and circulation; much of the
work by the developer, staff and the neighborhood
was done in advance of the Planning Commission
public hearing so that relatively few of the issues
that were raised initially remained as issues when
the public hearing went before the Planning Com-
mission; this was a classic example of the developer
working out those issues and when the item came to
the Commission and to Council there were very
few issues that were remaining on the debate; Coun-
cil has received communication from a resident,
Arvid Olson, who remains concerned about the
traffic and circulation in the area; that is the issue
that has not been resolved to the satisfaction of the
neighborhood; Mr. Olson is concerned on the sight
line on Dorado Way where the street for the subdi-
vision comes out and meets Dorado Way because of
the closeness of the hill, the cars coming over the
hill would not realize that there is an intersection
there; there are a couple of actions taken to address
that, first that there will be a stop sign coming out
of the subdivision to assure that people stop; second-
ly, that there will be warning signs posted at the top
of the hill indicating that there is an intersection
nearby; the evaluation of the County and our Public
Works Department indicates that there is not a sub-
stantial danger to circulation in the area; all the
issues related to drainage, trees, the compatibility of
this project with the neighborhood have all been re-
solved to the satisfaction of the Avalon Homeowners
Association and all the nearby neighbors; based on
these discussions in the public hearing the Planning
Commission is recommending that the Council ap-
prove the Mitigated Negative Declaration and the
Tentative Subdivision Map for the Avalon Park
subdivision.
Councilman Penna related: In regards to traffic,
questioned if there would be any more traffic on the
site because of these 24 homes than there would be
for the existing school use.
Chief Planner Harnish related: No, when the school
AGENDA ACTION TAKEN
PUBLIC HEARINGS
0. Public Hearing - Continued.
1/14/98
Page 20
PUBLIC HEARINGS
was in session there was more traffic generated from
an elementary school than from this subdivision;
based on normal projections we assume 10 trips per
day per residential unit which would be 210 trips
generated over the course of the day; the elementary
school generated twice that amount; the school has
not been there for years; the school has been used
for other uses which are less intense than the school
used to be; we did not do traffic counts for the
existing uses now, so we do not have the compari-
son of the existing use but certainly the previous use
generated more traffic.
Arvid Olson, 420 Dorado Way, related: He wrote a
letter to Council recently; he lives close to the top of
the hump; he never turns left into the driveway for
it is absolutely dangerous, the entrance proposed on
the map is below the hump and nobody can see
when you are coming; just last Sunday somebody
went around the corner on Avalon Drive and hit a
neighbor's car and it was $1,600 worth of damage;
a couple of years ago they destroyed the brick work
in front by hitting it; it is a fast street, it is not a
City street, it's a County road 22 feet wide; Country
Club Drive is 21 feet wide where it joins Dorado
and he is asking that the Council look out in the area
and imagine they are turning into the fence and see
if they can look over the hill; if you move the en-
trance to the subdivision I00 feet toward Country
Club Drive or 150 feet where the parking lot for the
elementary school used to be, then there is no dan-
ger; drivers can see the entrance; where it is placed
it cannot be seen; South San Francisco has a prom-
ise from the County of a warning sign, he thinks
there should be something in writing so he won't be
hearing the squeal of tires, the crashing of cars and
he will have to call 911; then the City will get the
litigation; this is the point where the ordinance 190-
550075 comes into place the Council is placing the
residents in danger by approving it in the way that it
is planned right now.
He continued: By pointing to where his home was
on the screen and showing Council where his drive-
way was just opposite where they are going to dedi-
cate the trees; he proceeded to point out where the
hump was and said he could not turn into his drive-
way without being able to see the cars going oppo-
site of him; he showed where the driveway of the
AGENDA ACTION TAKEN
PUBLIC HEARINGS
0. Public Hearing - Continued.
1/14/98
Page 21
PUBLIC HEARINGS
school was and said that it was perfectly safe, com-
ing over the hump drivers can see the cars coming
up; the
drivers are going to stop and look if they are going
to make a left into Avalon Drive, they are going to
make a left turn into dead space.
Richard Garbarino, 400 Avalon Drive, President of
the Avalon Homeowners Association, related: He is
speaking in favor of the Avalon School subdivision;
since 1995 the Avalon Homeowners Association had
asked to be involved with the development of the
Avalon School site; over the years the officers
of the Homeowners Association have met with City
officials and the developer; a great deal of time and
effort, as well as give and take, mostly give by
Waterford Associates for putting time into a series
of meetings where the communities concerns were
successfully addressed in a manor agreeable to all
parties the City officials, the Homeowners Associa-
tion and the developer all worked collaboratively to
make this happen; it is hopeful that our efforts will
become the benchmark for which future develop-
ments in South San Francisco will occur; other
developers should take note of Waterford Associ-
ates' spirit of cooperation and willingness to listen to
the community; he believes that the community has
and will continue to serve the developer well; he
acknowledged and thanked Councilman Fernekes,
City Manager Mike Wilson, Russ Moss, Marty Van
Duyn, Steve Carlson, and Jim Harnish for their
time and willingness to listen to the community, and
to Mr. Paul Verriere and his staff of Waterford
Associates for their time and effort to make this
project a win for all parties.
Joy Ann Wendler, Vice President of the Avalon
Homeowners Association stated she also initiated the
establishment of the association several years ago
and for almost 20 years Avalon Homeowners Assoc-
elation has been very interested in what would be-
come of the Avalon School site when the school was
closed. There were thousands of hours put into
attending School Board Meetings, Planning Commis-
sion Meetings and eventually later with the develop-
er. They were fortunate to have the developer pure-
hase the site and who was willing to work with the
neighborhood in maintaining the character of the
Avalon Park subdivision; Paul Verriere collaborated
AGENDA ACTION TAKEN
PUBLIC HEARINGS
D. Public Hearing - Continued.
1/14/98
Page 22
PUBLIC HEARINGS
with them in an unprecedented event in South San
Francisco and she wanted to thank City staff for
their help in reaching a satisfactory conclusion of all
their issues for it was truly difficult at times, but
everyone sat down and discussed the issues in a very
professional manner and resolved them. She be-
lieves this development was worth it and that it will
benefit South San Francisco in numerous ways, it
also demonstrates that community members can
work successfully with developers and more impor-
tantly that developers can work with community
members, and everyone wins when that happens and
they did. This developer has set a standard to fol-
low for all developers in South San Francisco, and it
is going to be pretty hard to do. With a lot of hard
work and cooperation anything can be accomplished
and that is what happened, it was a lot of hard
work, after hours, and weekends that the
Homeowner officers sat down with them and they
came to the Association. A lot of time was put into
this and they look forward to see the finished prod-
uct and to welcoming new neighbors. She also
thanks all members of the Waterford Associates, and
City staff for their efforts and for working with
them.
Paul Verriere, Principal of Waterford Associates
related: Introduction of his team; they have listened
to staff's presentation and are in concurrence with
all the conditions imposed; it has been a pleasure
working with staff and neighbors; they think they
have a project that was a joint effort from all of the
parties; they are prepared to answer any questions.
Mayor Mullin closed the Public Hearing.
Councilwoman Matsumoto questioned if the Home-
owners Association was aware of any other neigh-
bors that shared the concern of Mr. Olson in regards
to the stop sign issue.
Joy Ann Wendler responded: No we do not, that is
his concern because he lives on Dorado Way; the
hill cannot be seen as you go over it; many of the
parents who brought their children to the schools
and the day care centers were there; many of those
people -- at one time there were three day care
centers in that school, where they were our regional
use and they would come from all parts of the
AGENDA ACTION TAKEN
PUBLIC HEARINGS
0. Public Hearing - Continued.
1/14/98
Page 23
PUBLIC HEARINGS
County to drop off their kids -- it clearly is not easy
to see; the mitigation measure of the stop sign and
there has been a new one within the last couple of
years at the corner of Avalon and Dorado Way
should slow down traffic; it is going to need some
caution in making the left turn into his driveway,
but she thinks that the mitigation measure should
take care of that; they went up on Thanksgiving to
look at the school for it looks like a war zone; there
have been people living in the school; there have
been transients coming and staying in it; the tradeoff
is very good; there are broken windows that are
dangerous for any child that would come up and
play; there are people who come up at night to use it
as a party place and it is getting worse; the timing is
really good to put a quality development in there;
caution will clearly be needed in making a left turn,
but that exists today, as well, and there is not much
difference.
Councilman Penna asked if there was going to be a
stop sign put in on Country Club and Dorado if
there is a stop sign there now and if the developer is
to put a sign on the rise just before they get on the
rise saying caution stop sign ahead, then that would
help.
Chief Planner Harnish stated: Staff has been in
consultation with the County and there were discus-
sions about looking into dropping the rise, but the
problem is that it would affect the entrance to the
houses that are adjacent to the street.
Mayor Mullin stated the developer is going to be
giving fees to the County that initially were going to
go to the County General Road Fund but now it is
specifically going to Dorado itself.
Chief Planner Harnish replied that the County is
improving their side of Dorado Way.
Paul Verriere related: Originally they were going to
improve Dorado from the top of the park to Avalon,
but there is very little traffic from the top of the
park to Country Club, the developer is going to
improve the entire width of Dorado from Country
Club to Avalon; they will make it a 33 foot wide
street as opposed to the 21 foot wide street that is
presently there at least from Country Club to
AGENDA A~TION TAKEN
PUBLIC HEARINGS
0. Public Hearing - Continued.
1/14/98
Page 24
PUBLIC HEARINGS
Avalon; from Country Club to the park along Dora-
do will remain the same because we are not impact-
ing any traffic there.
Vice Mayor Datzman questioned: When a decision
gets made to have the exit where it is or at another
location along there, or as Mr. Olson stated County
roads are County roads nobody would design them
on purpose maybe; but, it is there and giving that
one of the parts of the process that comes into play
are the engineering staff and the police, looking at
the best possible location early on and recommend-
ing it be changed or they feel comfortable with it,
that the normal process that something like this
would go through; he heard the amount of traffic not
being an issue in the amount of homes and the other
might be sight line and there was a question about
the sight line; did staff say that the County Engineer
said that there would be no substantial danger; he
questioned if that was the terminology that was used
to describe the intersection.
Senior Planner Steve Carlson related: He does not
believe the County determined that it was a substan-
tial issue, they did get a copy of the whole docu-
ment;, the City had communication with them since
the beginning of the project as did Mr. Verriere and
his team.
Vice Mayor Datzman related: If there was a better
spot it would appear from a traffic standpoint ini-
tially the response to that was the problem that staff
would have was excavating different areas.
Chief Planner Harnish related: That was related to
potentially lowering the hill, dropping it down so
that there would be less of a crest and increase a
sight line and the problem there is that it affects the
entrance of the homes on the street; the only other
option is the suggestion that Mr. Olson has made,
that the entrance to the subdivision be moved down
more closely approximating the entrance to the
school; this came up toward the end of the discus-
sions on this it would have substantially changed
the subdivision design and we felt that the change
was not justified it, would have caused a significant
redrawing of the subdivision and the change of the
lots; it was difficult to design a parcel and we
thought that they did the best job that they could.
AGENDA ACTION TAKEN
PUBLIC HEARINGS
0. Public Hearing - Continued.
1/14/98
Page 25
PUBLIC HEARINGS
Vice Mayor Datzman related: Mr. Olson's concern
that the County might not follow through and post
the appropriate devices; he questioned what can be
done to resolve those concerns.
Chief Planner Harnish replied that beyond the condi-
tions of approval that the City has, it would be the
developers responsibility and staff would make sure
that he work with the County to get that sign in-
stalled.
Vice Mayor Datzman questioned if the City could
send a letter to the County expressing our concerns.
Chief Planner Harnish answered that staff would do
so anyway in terms of identifying the condition that
would affect their jurisdiction.
Vice Mayor Datzman related: The staff report talks
about zoning code requirements of aprons being 20
feet in length and this shows as 18 feet in length al-
though staff talked about lot size being ample and
Engineer Overcamper indicated, 18 feet, is what
they recommended initially, and he questioned what
the driveway aprons were going to be.
Chief Planner Harnish related: The driveway
aprons are going to be 20 feet which is the recom-
mendation of the Planning Commission and is one
aspect of the proposal; the 18 feet was proposed by
the developer, staff recommended that it be 20,
Planning Commission agreed and is recommending
it to Council; the rational for 18 feet is that it would
provide more backyard for these houses with smaller
lot configuration, but we felt that there was enough
room to move the houses back and it was more
important to have a 20 foot driveway.
Vice Mayor Datzman stated the staff report says that
the applicant has agreed to those changes although
the plans have not been changed to reflect these
changes.
Chief Planner Harnish related: This is simply
because they will change the plans once they find
out what the action of the Council is; if there were
additional changes then they would do them all at
once.
AGENDA ACTION TAKEN
PUBLIC HEARINGS
Public Hearing - Continued.
11.
Public Hearing - Consideration of RZ-97-081, Alta .6-0~
Loma Triangle zone change from R-l-E, single fami
ly residential to Open Space for a 9.75+ acre parcel
to accommodate a proposed city park; Motion to
open Public Hearing, defer testimony and continue
PUBLIC HEARINGS
Datzman questioned the increase in glare and noise
levels.
Chief Planner Harnish related: The potential in-
crease in exposure of light, glare, and noise level,
because of construction activities, more houses in
the area, and more activities, more street light than
there are now; staff analyzed it and came to the
conclusion that when there is a potential that the
actual impact would be less significant, so there
would be no mitigation measures required.
Mayor Mullin related: He was on the committee
that moved the childrens' center from the Avalon
site to the new location at Spruce; that childcare
center at one time housed over 125 children most of
whom were dropped off and picked up, so the
amount of traffic that will be generated by this
developer will be substantially less; this does not
pose a significant hazard and that the mitigation
measures as indicated on the staff report will be
placed on Dorado Way at that particular location.
Councilman Penna related: He wanted to mention
that this has gone through the Planning Commission
and they had a unanimous vote on this and
apparently did a good job with this.
Councilman Fernekes complimented the Avalon
Homeowners Association in the effort that they put
forward in making this a good project for the City
and as they said there were many hours negotiating
to get a real fine product and thanked the Associa-
tion for taking the time to do that and in assisting
the City staff to make it a good project.
M/S Fernekes/Datzman - To adopt the Resolution
approving Negative Declaration No ND 97-060, SA-
97-060, and PUD 97-060.
RESOLUTION NO. 5-98
Carried by unanimous voice vote.
Mayor Mullin opened the Public Hearing.
M/S Penna Fernekes - To defer testimony and con-
tinue the Public Hearing to 1/28/98.
1/14/98
Page 26
AGENDA ACTION TAKEN
PUBLIC HEARINGS
1. Public Hearing - Continued.
Public Hearing to 1/28/98.
ADMINISTRATIVE BUSINESS
12.
Resolution approving repayment of loan for the
WQCP and authorizing the City Manager to enter
into the loan; Motion to waive reading and introduce
an Ordinance setting up a special fund for repayment
of loan. ..~'&8 '7'
A RESOLUTION DEDICATING A REVENUE
SOURCE TO THE REPAYMENT OF THE STATE
REVOLVING FUND LOAN ON WATER QUALI-
TY CONTROL PLANT EXPANSION PROJECT
NO. C-06-4614-110 AND AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXE-
CUTE THE LOAN AGREEMENT
AN ORDINANCE ESTABLISHING A
WASTEWATER CAPITAL RESERVE FUND
PUBLIC HEARINGS
Carried by unanimous voice vote.
ADMINISTRATIVE BUSINESS
Deputy City Clerk Hernandez read the title of the
Ordinance in its entirety.
Director of Public Works Gibbs related: This staff
report is part of the application for the WQCP State
revolving loan; it's required by the State in loan
application that Council pass these resolutions in the
repayment of the loan; there are two that are being
requested, one is the dedicated revenue source and
the second part of the application requires that the
City Council authorize the City Manager to enter
into the loan agreement and do the loan application;
the revenue program is one that we put together
over a period of the last few years in fees; it is
committed to this, the subcommittee spoke to Coun-
cil recently regarding the fee structure, the Director
of Finance will give Council a brief outline of how
the loan works and has worked up to this point.
Director of Finance Brooks related: Staff has a
series of increases which have been pre-stipulated
and agreed to by the Council in the sewer rental
rate over the next 2 or 3 years, and these are pre-
designated to be used for the debt retirement on the
loan from the State; the chief advantage of the loan
from the State is that it is a low interest rate in
comparison to what the City can go out at the
present time and borrow in the bond market; the
state requirement, however, is the stipulation of the
agreement to lend us the money, then we have to do
various accounting aspects in terms of what Council
is doing tonight; what Council is doing tonight is
that from our sewer rental fees we will set aside
and reserve certain amounts for debt repayments,
which will be done by setting a subaccount on our
sewer rental funds, so that this money will be re-
served for the retirement and rather than used for
other expenditures in the WQCP; and they also
require that the Council pass a resolution authorizing
the Manager as the signatory on this loan applica-
tion; these are final formalities; the City is on the A
list and in good position to receive these funds, and
that means that the City will not have to do a COP
1/14/98
Page 27
AGENDA ACTION TAKEN
ADMINISTRATIVE BUSINESS
2. Resolution and Ordinance - Continued.
13. Discussion and direction to staff on Summerhill/
Kaiser Senior Housing contribution.
ADMINISTRATIVE BUSINESS
bond issue where we have to bridge with a higher
interest rate and then pay it off at a later date such
as we did with a prior loan for expansion back in
1991; this put the City in a real good position and
brings things to a final point, at which time the Wa-
ter Quality Control Board can approve the loan for
the City and staff can move forward with the ex-
pansion.
Director of Public Works Gibbs related: The City is
in the last stages of the loan; staff has a verbal
commitment; it should be before the State Board in
April; hopefully then staff will be able to come back
and say that the City has the loan; this is one of the
last things that staff has to do in the application.
Discussion continued: What is the percentage rate;
three percent; that is outstanding; who got the City
on the A list; Director of Public Works Gibbs; very
good.
M/S Penna/Fernekes - To adopt a resolution ap-
proving repayment of loan, and to introduce and
waive reading of an ordinance establishing a reserve
fund.
RESOLUTION NO. 6-98
1ST READING/INTRODUCTION
Carried by unanimous voice vote.
City Manager Wilson related: He would first give a
brief summary and then will pass it on to the mem-
bers of the subcommittee; staff had a discussion
concerning the property on Orange Avenue that
Kaiser was selling to Summerhill; as it pertains to
Senior housing, staff immediately, after the Council
meeting, met to determine how staff could imple-
ment Council's desires; that would be to have
them participate in a fund for senior housing in lieu
of building senior housing on that particular site; the
subcommittee discussed it, and it appeared that they
would be willing and able to contribute up to a
million dollars into a fund that will be used for
senior housing; staff will treat this money in the
same mentality as the City would a development fee,
which would be a portion to a number of units that
would be built and would be due and payable at the
1/14/98
Page 28
AGENDA ACTION TAKEN
ITEMS FROM COUNCIL
3. Discussion - Continued.
1/14/98
Page 29
ITEMS FROM COUNCIL
time that they pull the building permit; the developer
then came back and said in the alternative, if the city
wanted to pay in discounted dollars and they wanted
to pay their entire obligation at the time of the map,
that would generate a like amount at the end or in a
similar time period; essentially what happens when a
developer is building a project of 100 plus homes
they do not do it at one point in what they do is start
pulling building permits as they are needed, so that
they always hold an inventory or have vacant homes
available to sell; with the size of the project that the
developer is envisioning this would easily be an 18
to 24, if not a 36 month period to build out those
homes; so, if staff does the mathematics where each
time the developer pulls a permit, the City would
receive a certain amount of dollars, or if the devel-
per dollars, or if the developer pays all at one time
and then the Finance Director was to invest it; at the
same point they would have received their last build-
ing permit, would the dollars properly invested
generate one million dollars; it's a discounted dollar
calculation, more common in bonds, and other
financial transactions; staff would support that men-
tality, whether the City gets the money up front and
invests it or we receive it over time, staff as a sub-
committee is not in the position to make represent-
tion to the developer until after the entire Council
had a chance to review this matter; if the Council is
in concurrence with it, the City Manager can trans-
mit that information to the developer and the details
would be taking place through the planning process
and laminated into their development agreement.
Councilwoman Matsumoto questioned the amount of
homes that would be increasing.
City Manager Wilson related: Without the senior
housing it went up to 158 but the number less was
about 15 to 18 to accommodate the senior housing
project; that was the developer's calculation based
on their design, this is predicated on their
preliminary design and determination.
Vice Mayor Datzman related: There was no specific
design so it was difficult to say, depending on the
height, the type of building and so forth; it was
difficult and kind of a range, but it was in the
neighborhood of 10 to 15 lost due to the senior
housing.
AGENDA ACTION TAKEN
ITEMS FROM COUNCIL
3. Discussion - Continued.
1/14/98
Page 30
ITEMS FROM COUNCIL
Councilman Penna questioned what the up from fee
would be, verses the long term fee.
City Manager Wilson related: Staff would round it
to $900,000 verses waiting, at 18 or 24 months out
the City would have our million dollars plus; so on
a constant dollar basis the developer and staff are in
agreement with the calculations.
Councilman Penna questioned if the City takes
payment up front or if it is taken over a period of
time.
City Manager Wilson related: There had been dis-
cussion at one time that the developer may be able
to build the linear park at a rate less than what the
City could and there was talk about how those sav-
ings could or could not be applied to any of their
obligations; in discussions with them staff said that
their obligation was to pay the developer a fee for a
park dedication; that the Director of Park &
Recreation would hire an architect, who would
design a project and would prepare plans and speci-
fications for that and the City would go out to bid;
so we know what the dollar amount will be; if the
developer wants to under that price, this would be
agreeable to allow them to build it at the same time
that they would be working on their project and that
the City would pay them at our low bid price.
Councilman Penna questioned if the City was still
going to collect the full amount park fees and
allow them to construct the facilities if they can bid
at a lower price.
City Manager Wilson stated if the developer can do
it at or below the lowest bid price; the City would
pay them at the low bid price.
Councilman Penna questioned if the City would still
collect the normal park fees.
Councilmember Fernekes related; The City Manager
did an excellent job explaining what has come about;
the subcommittee needs direction from Council to
proceed; one of the things the Councilman was
talking to the City Manager about setting a study
session, with concurrence of Council, to go through
the planning out of the project.
AGENDA ACTION TAKEN
ITEMS FROM COUNCIL
3. Discussion - Continued.
13a.
Closed Session pursuant to GC 54956.8 - Real
property negotiations for a sale of 2,792 square
foot portion of property located at the intersection
of Oyster Point Boulevard and Gateway Boule-
vard, George Morris, negotiator for Bay West
Cove, LLC; Closed Session pursuant to GC
54956.9bl - significant exposure to possible litiga-
tion.
ITEMS FROM COUNCIL
Vice Mayor Datzman related: He had two brief
comments; one, a project like this is a big decision
for the community, there were a lot of people won-
dering what was going to happen with that piece of
property; Kaiser had some concerns and it would
have been easy to sit back and allow things to start
moving on a normal course and in this case he
wanted to compliment former Mayor and Council-
man Fernekes, who picked up feed back about need
for senior housing, he showed that one person can
start an idea; and the fact that the Council was able
to sit down over a number of meetings, with a lot of
help from the City Manager, staff, Kaiser and the
developer it looks like this is moving in the right
direction.
Mayor Mullin related: He complimented Council-
man Fernekes; it appeared to be the best of all
possible worlds, the City is going to be able to
generate revenues that will be funneled towards
senior housing and concurrent to that, we will also
be able to develop moderate price homes in this
City; it has been a long concern of the Mayor's that
the City is not generating sufficient housing for
people who do not have super incomes and this is
going to be more in keeping of the neighborhood
and will give younger families ability to purchase
homes in the community and so that concern will be
met by this development; not that upscale housing
does not have a role, but we cannot make everything
upscale, these certainly will be beautiful homes and
will allow people like his children to be able to stay
in this community, buy homes, and raise their fami-
lies; he is pleased by what seems to be the ultimate
resolution to this issue and compliments former
Mayor and current Vice Mayor for their efforts to
promote this and he certainly concurs with the plan
as forwarded with that, staff has direction.
Councilman Penna requested that the order be re-
versed because he could not participate on the first
item.
Concurrence of Council - the items were reversed.
Council entered Closed Session at 10:06 p.m. to
discuss the items noticed.
1/14/98
Page 31
AGENDA ACTION TAKEN
l.__.3a. Closed Session - Continued.
ouncilman Penna Left the Meeting:
RECALL TO ORDER
13b.
Conveyance of 2,792 square feet of City owned
property to Bay West Cove, LLC. 5' t.~
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT
TO PURCHASE REAL PROPERTY AND TO
EXECUTE THE GRANT DEED
13c.
Motion to approve the Bay West Cove parcel ,b-I~
map, accepting offers of Reservations and Dedic-
ations, approving abandonment of easements and
authorizing staff to prepare and execute a Subdivi-
sion Improvement Agreement.
GOOD AND WELFARE
Councilman Penna left the meeting at 10:40 p.m.
and did not participate in the second Closed Session
due to a conflict of interest.
Mayor Mullin recalled the meeting to order at 10:55
p.m. all Council was present, with the exception of
Councilman Penna, no action was taken and direc-
tion was given.
Assistant City Attorney Wellman related: The
action Council would take is approval of the resolu-
tion, which she mentioned is one of the open ses-
sion items; it is authorizing the sale of City property
to Bay West Cove for $250 and authorizing the City
Manager to expedite the purchase agreement.
Mayor Mullin stated Council is combining the
Closed Session item with the open session item
based on the direction given in closed session.
M/S Fernekes/Datzman - To adopt Resolution au-
thorizing the City Manager to execute an agreement
to purchase property and to execute the Grand Deed.
RESOLUTION NO. 7-98
Carried by unanimous voice vote.
M/S Datzman/Fernekes - To approve the Bay West
Cove parcel map and authorize staff to execute
a subdivision improvement agreement.
Carried by unanimous voice vote.
GOOD AND WELFARE
Mayor Mullin notified Council that the upcoming
Saturday is the Design Charette event and asked the
City Manager what the Council role was in this.
City Manager Wilson related: He was envisioning
Council and staff members participating in the same
level with all the businesses and business owners;
Council may wish to be there in the morning to kick
it off; this will be an all day event and Council may
drift in and out depending on the interest in the
activities; there may be times where citizens will be
encouraged to participate, give their idea and share
it; those people have to do some work to develop a
1/14/98
Page 32
AGENDA AC!!QN TAKEN
GOOD AND WELFARE
ADJOURNMENT
RESPECTFULLY SUBMITTED,
City of South San Francisco
GOOD AND WELFARE
product and at the end of the day make a presenta-
tion; Council does not have a role in the presenta-
tions they will be given by the professionals based
on what they hear.
Councilman Datzman related: He was in attendance
AT a meeting and he understands that they are look-
ing for the Mayor to welcome and do a couple of
introductions in the morning; during the evening
anybody that is there would be able to see the pre-
sentations.
Mayor Mullin related: Also on Saturday at the Boys
and Girls Club they are having a National Football
League Electronic competition that will bring to-
gether teams from all over the country representing
National Football League teams to participate in the
Madden 98 NFL video games competition and he
will welcome them in the morning, start it off, and
the awards ceremony for the winning team will be
done by Ronnie Lot in the afternoon and Council is
invited to stop by and observe this event.
M/S Matsumoto/Datzman - To adjourn the meeting.
Carried by unanimous voice vote.
Time of adjournment was 11:00 p.m.
APPROVED.
The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica-
tions, arguments and comments are recorded on tape. The tape and documents related to the items are on file in the
Office of the City Clerk and are available for inspection, review and copying.
1/14/98
Page 33