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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