HomeMy WebLinkAbout2015-07-22 e-packet
PEOPLE OF SOUTH SAN FRANCISCO
You are invited to offer your suggestions. In order that you may know our method of conducting Council
business, we proceed as follows:
The regular meetings of the City Council are held on the second and fourth Wednesday of each month at
7:00 p.m. in the Municipal Services Building, Council Chambers, 33 Arroyo Drive, South San Francisco,
California.
The City Clerk will read successively the items of business appearing on the Agenda. As she completes
reading an item, it will be ready for Council action.
RICHARD A. GARBARINO
Mayor
MARK ADDIEGO
Vice Mayor
KARYL MATSUMOTO
Councilwoman
PRADEEP GUPTA
Councilman
LIZA NORMANDY
Councilwoman
FRANK RISSO
City Treasurer
KRISTA MARTINELLI
City Clerk
MIKE FUTRELL
City Manager
STEVEN T. MATTAS
City Attorney
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City Clerk’s Office located at City Hall. If, however, the document or writing is not distributed until the regular meeting to which it relates,
then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda. The address of
City Hall is 400 Grand Avenue, South San Francisco, California 94080.
AGENDA
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
REGULAR MEETING
MUNICIPAL SERVICES BUILDING
COUNCIL CHAMBERS
33 ARROYO DRIVE
SOUTH SAN FRANCISCO, CA
WEDNESDAY, JULY 22, 2015
7:00 P.M.
REGULAR CITY COUNCIL MEETING JULY 22, 2015
AGENDA PAGE 2
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
AGENDA REVIEW
PRESENTATIONS
Presentation of Summer Interns 2015. (Mich Mercado, Human Resources Manager).
Presentation of the Certificate of Achievement for Excellence in Financial Reporting from
the Government Finance Officers Association to Finance Director Richard Lee for fiscal
year 2013-14. (Presented by Richard Garbarino, Mayor).
PUBLIC COMMENTS
For those wishing to address the City Council on any Agenda or non-agendized item, please complete a Speaker Card
located at the entrance to the Council Chamber’s and submit it to the City Clerk. Please be sure to indicate the Agenda
Item # you wish to address or the topic of your public comment. California law prevents the City Council from taking
action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred
to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more
comprehensive action or a report. When your name is called, please come to the podium, state your name and address
(optional) for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for
your cooperation.
COUNCIL COMMENTS/REQUESTS
CONSENT CALENDAR
1. Motion approving the Minutes of meetings of July 8, 2015.
2. Motion confirming payment registers for July 22, 2015.
3. Motion to cancel the Regular Meeting of August 12, 2015. (Mike Futrell, City Manager).
4. Resolution approving the South City Place Subdivision Final Map, authorizing the City
Manager to execute the subdivision improvement agreement, and authorizing the
recordation of the map, the subdivision improvement agreement, the approved declaration of
covenants, conditions and restrictions (D.C.C.&R.’S) and all related documents. (1256
Mission Road). (Sam Bautista, Principal Engineer).
5. A Resolution authorizing the City Manager to submit a request to the Metropolitan
Transportation Commission (MTC) for the allocation of fiscal year 2015-2016
Transportation Development Act, Article 3 State Grant Funding in the amount of $400,000.
(Lawrence Henriquez, Associate Civil Engineer).
REGULAR CITY COUNCIL MEETING JULY 22, 2015
AGENDA PAGE 3
6. Resolution approving the Memorandum of Understanding for the International Union of
Operating Engineers, Local 39 Unit, Dated July 1, 2014 through June 30, 2017. (LaTanya
Bellow, Human Resources Director).
7. Resolution approving Side Letter of agreement amended retired employee Health Benefits
for the July 1, 2014 to June 30, 2017 South San Francisco Police Association Memorandum
of Understanding and authorizing the City Manager to execute the Side Letter agreement on
behalf of the City. (LaTanya Bellow, Human Resources Director).
8. Resolution approving the Memorandum of Understanding for the Mid-Management,
Teamsters Local 856 Unit, dated July 1, 2014 through June 30, 2017. (LaTanya Bellow,
Human Resources Director).
PUBLIC HEARING
9. Consideration of an Initial Study/Negative Declaration (ND15-0001) for the South San
Francisco Parks and Recreation Master Plan Update and Amendment to the General Plan
(GPA15-0004) to adopt the Parks and Recreation Master Plan Update in accordance with
South San Francisco Municipal Code Chapters 20.460 and 20.540.
LEGISLATIVE BUSINESS
10. Consideration of a Half-Cent, 30-year Local Sales Tax Ballot Measure to maintain South
San Francisco Services, including maintaining Neighborhood Police Patrols and 9-1-1
response, programs for Seniors and Disabled Residents, Crime and Gang Suppression
Programs, repairing Potholes and Streets, maintaining Youth and Teen Educational and
Recreational Programs, providing a Police Operations Center that meets Earthquake Safety
Codes, and other City Services.
Ordinance enacting a general Half-Cent (0.5%) transactions and use (“Sales”) Tax.
Resolution submitting to the Voters of South San Francisco A Measure to approve
the Tax. (Jim Steele, Assistant City Manager).
11. Waive reading and introduce an Ordinance adding Chapter 15.62 to the City of South San
Francisco Municipal Code relating to the expedited permitting process for small residential
rooftop solar energy systems. (Alex Greenwood, ECD Director).
ADMINISTRATIVE BUSINESS
12. Resolution approving revisions to Conditions of Approval related to the 2015 Terrabay
Precise Plan in the Terrabay Specific Plan Zone District in accordance with South San
Francisco Municipal Code Chapter 20.240. (Billy Gross, Sr. Planner).
REGULAR CITY COUNCIL MEETING JULY 22, 2015
AGENDA PAGE 4
13. Resolution approving purchase agreements with 1) Thatcher Company of California, 2)
Univar USA., and 3) SNF/Polydyne for the furnishing of bulk process chemicals for
wastewater treatment for fiscal year 2015-2016 and authorizing the City Manger to execute
the necessary agreements. (Brian Schumacker, WQCP Superintendent).
14. A Resolution awarding the construction contract to Nor-Cal Pipeline Services of Yuba City,
California for the Sanitary Sewer Rehabilitation Project and the Littlefield Sanitary Sewer
Repair/Upgrade Project to include the base bid and all bid alternates in the amount not to
exceed $1,337,360. (Sam Bautista, Principal Engineer).
15. Resolution approving a Purchase and Installation services agreement with IPS Group, Inc. of
San Diego, California, for the Smart Parking Meters, Installation, and related services
project in an amount not to exceed $522,000. (Dave Bockhaus, Public Works Program
Manager).
ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS
16. Designation of Voting Delegates and Alternates – League of California Cities Annual
Conference. (Mike Futrell, City Manager).
ADJOURNMENT
Staff Report
DATE: July 22, 2015
TO: Mayor, Vice Mayor and Councilmembers
FROM: LaTanya Bellow, Human Resources Director
SUBJECT: RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING
FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS,
LOCAL 39 UNIT, DATED JULY 1, 2014 THROUGH JUNE 30, 2017
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving the Memorandum of
Understanding for the International Union of Operating Engineers, Local 39 unit dated July
1, 2014 through June 30, 2017.
BACKGROUND/DISCUSSION
On September 10, 2014, the City adopted a Memorandum of Understanding (MOU) for the
International Union of Operating Engineers, Local 39 (“Operating Engineers”) unit, dated July 1,
2014 through June 30, 2016 that provided a salary survey adjustment at the 55th percentile of total
compensation effective July 1, 2014, and employee contributions equal to 5% of the Kaiser
Permanente medical HMO premiums effective July 1, 2015. At that time, the City’s financial
projections did not support any across-the-board wage increases. During the mid-year budget
review, as a result of a more favorable revenue situation due to the continued economic recovery,
Council authorized the City to offer across-the-board wage increases to all employee groups.
The City invited the Operating Engineers unit back to the table to discuss across-the-board
increases, restructure their medical premium cost sharing to 10% of the HMO medical premium
cost based on plan choice and coverage size, and return total compensation from the 55th
percentile to the 60th percentile of total compensation effective July 3, 2015. In addition, the City
extended their MOU one year through June 30, 2017. The unit approved the terms of the contract
extension. Attached is the amended MOU that now contains a side letter of agreement outlining
the new terms and conditions of employment for the unit.
FUNDING
The contract extension provides for across-the-board salary adjustments that totals 5.5% over a
three-year contract. Specifically, adjustments are 2.5% of base pay effective the pay period
beginning July 3, 2015, and 3% effective the pay period including July 1, 2016. The across-the-
Staff Report
Subject: RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING
FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS,
LOCAL 39 UNIT, DATED JULY 1, 2014 THROUGH JUNE 30, 2017
Page 2 of 2
board increases effective July 3, 2015 have been reflected in the FY 2015-16 Adopted Budget.
The MOU also provides for a salary survey adjustment to the 60th percentile that would reflect the
employee medical premium cost share effective the pay period beginning July 17, 2015.
The MOU provides long-term structural changes in the City’s employee healthcare costs. The City
currently pays 100% of the medical HMO premium costs for employees and their dependents. For
the first time, all unit employees on the City’s medical plans will share in the premium costs for
their coverage. According to the original 2014-16 MOU, Operating Engineers paid 5% of the
HMO medical premium for the first pay period in July 2015. According to the contract extension,
Operating Engineers will pay 10% of the HMO medical premium based on plan choice and
coverage size (employee only, two or family) effective the second pay period in July 2015.
CONCLUSION
It is recommended that the City Council Approve the MOU for the International Union of
Operating Engineers, Local 39 unit dated July 1, 2014 through June 30, 2017.
Prepared by: Approved by:
LaTanya Bellow
Human Resources Director
Mike Futrell
City Manager
Attachments: Resolution
MOU 2014-17 and Side Letter Agreement
RESOLUTION NO. ____
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING FOR THE INTERNATIONAL UNION OF
OPERATING ENGINEERS UNIT, DATED JULY 1, 2014
THROUGH JUNE 30, 2017
_________________
WHEREAS, staff recommends approval of the Memorandum of
Understanding (MOU) for the International Union of Operating Engineers, Local 39 unit, dated
July 1, 2014 through June 30, 2017; and
WHEREAS, the Memorandum of Understanding was prepared by the Human Resources
Department, has been approved as to form by the City Attorney, and incorporates the agreed
upon terms and conditions of employment for the International Union of Operating Engineers,
Local 39 unit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the City Council hereby approves the Memorandum of Understanding (MOU) for
the International Union of Operating Engineers, Local 39 unit, dated July 1, 2014 through June
30, 2017.
* * * * *
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the City Council of the City of South San Francisco at a meeting held on
the day of _____________, 2015 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
Attachment B
Police Association
Appendix C
Side Letter: Amended Retired Employee Health Benefits
The parties agree to the amended terms and conditions to the Memorandum of Understanding
(MOU) between the Police Association and the City of South San Francisco. The items
specifically listed in this Side Letter hereby supersede the Articles of the MOU as defined below.
All other terms and conditions of the Compensation Plan shall remain the same.
6.4.Retired Employee Health Benefits—
6.4.1. Group Medical Insurance for Qualifying Retirees—An employee who was hired
prior to the adoption of an alternate retiree medical plan for all City bargaining
units similar to the plan described in Section 6.4.2. may elect to continue his or
her City sponsored medical insurance if the employee is enrolled in the City's
group medical plan and retires concurrently with CalPERS and the City. In order
to be eligible for this benefit, the employee must have five years of continuous
City employment at the time of his or her retirement. The monthly premium that
the City will make for retiree medical insurance pursuant to this provision equals
the monthly monetary contribution that the City makes for single retiree medical
HMO coverage. Retirees will be required to pay any additional costs in order to
receive retiree medical benefits. An eligible retiree may also elect to continue
dependent coverage provided that the retiree bears the full premium costs for any
eligible dependents. A retiree must continually receive a CalPERS retirement
allowance in order to remain eligible to receive retiree medical insurance
contributions. Any retiree that un-retires from CalPERS and returns to active
service with a CalPERS covered agency will permanently forfeit their eligibility
for retiree medical benefits pursuant to this provision. (Moved to 6.4.6.)
6.4.2. Medical After Retirement Account (MARA)—An employee who was hired after
the adoption of an alternate retiree medical plan by all City bargaining units will
not be eligible to participate in the Retiree Medical Insurance program described
in 6.4.1. Instead, City shall make a contribution equal to one and one-half percent
(1.5%) of such an employee’s base salary toward a medical after retirement
account (VEBA, or similar vehicle such as RHS plan).
6.4.3. Group Dental Insurance for Qualifying Retirees—An employee may elect to
continue his or her City sponsored dental insurance if the employee is enrolled in
the City's group dental plan and retires concurrently with CalPERS and the City.
In order to be eligible for this benefit, the employee must have five years of
continuous City employment at the time of his or her retirement. The retiree
bears the full premium costs for himself/herself and any eligible dependents and
will be completely responsible for these payments and for continuing dental
coverage.
6.4.4. Group Vision Insurance for Qualifying Retirees—An employee may elect to
continue his or her City sponsored vision insurance if the employee is enrolled in
the City's group vision plan and retires concurrently with CalPERS and the City.
In order to be eligible for this benefit, the employee must have five years of
Attachment B
Side Letter
continuous City employment at the time of his or her retirement. The retiree
bears the full premium costs for himself/herself and any eligible dependents and
will be completely responsible for these payments and for continuing vision
coverage.
6.4.5. Surviving Spouse Benefit—The City will allow the spouse of a deceased
employee/retiree to purchase medical insurance from a City-provided medical
plan at the City’s premium rate provided all of the following conditions are met:
the employee/retiree must be enrolled in the health plan prior to death; there is no
cost to the City; the provider does not require a City contribution; and the City is
held harmless if the coverage is discontinued.
6.4.6. Continued Retiree Health Eligibility—A retiree must continually receive a
CalPERS retirement allowance in order to remain eligible to receive retiree
medical insurance contributions. Any retiree that un-retires from CalPERS and
returns to active service with a CalPERS covered agency, excluding active service
with the City of South San Francisco, will permanently forfeit his/her eligibility
for retiree medical benefits pursuant to this provision. A retiree that un-retires
from CalPERS and returns to active service with the City of South San Francisco
is eligible to resume his/her retiree health benefits upon retiring again from the
City after at least one (1) year of continuous service. The City Manager may
approve an exception to the (1) year of continuous service requirement in the
event of an unforeseen circumstance that prevents the employee from completing
the year of service.
2455896.1
Staff Report
DATE: July 22, 2015
TO: Mayor, Vice Mayor and Councilmembers
FROM: LaTanya Bellow, Human Resources Director
SUBJECT: RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING FOR THE MID-MANAGEMENT, TEAMSTERS
LOCAL 856 UNIT DATED JULY 1, 2014 THROUGH JUNE 30, 2017
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving the Memorandum of
Understanding (MOU) for the Mid-management, Teamsters Local 856 Unit dated July 1,
2014 through June 30, 2017.
BACKGROUND/DISCUSSION
This MOU was negotiated within the parameters authorized by the City Council, and ratified by
the unit’s membership on July 17, 2015. Attached is the proposed MOU incorporating the
agreed-upon terms and conditions of employment for the unit and a summary of the substantive
terms of the MOU.
FUNDING
The MOU provides for across-the-board salary adjustments that total 7.5% over a three-year
contract. Specifically, adjustments are 2% of base pay effective upon adoption of the MOU, 2.5%
effective the pay period including July 1, 2015, and 3% effective the pay period including July 1,
2016. The across-the-board increases for 2015 have been reflected in the FY 2015-16 Adopted
Budget.
The MOU also provides for a salary survey adjustment effective the pay period including October
1, 2015. The salary survey includes the medical premium cost sharing. Any classifications below
market shall be brought up to the 60th percentile of total compensation.
The MOU provides long-term structural changes in the City’s employee healthcare costs. The
City currently pays 100% of the medical HMO premium costs for employees and their
dependents. For the first time, all unit employees on the City’s medical plans will share in the
premium costs for their coverage. For the Mid-management unit, the employee cost share is being
phased in at 5% effective the pay period including October 1, 2015 and then 10% effective the
pay period including July 1, 2016.
Staff Report
Subject: RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING FOR THE MID-MANAGEMENT, TEAMSTERS
LOCAL 856 UNIT DATED JULY 1, 2014 THROUGH JUNE 30, 2017
Page 2 of 2
CONCLUSION
It is recommended that the City Council Approve the MOU for the Mid-management, Teamsters
Local 856 Unit dated July 1, 2014 through June 30, 2017.
Prepared by: Approved by:
LaTanya Bellow
Human Resources Director
Mike Futrell
City Manager
Attachments: Resolution
Summary of MOU Changes
MOU
RESOLUTION NO. ____
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING FOR THE MID-MANAGEMENT,
TEAMSTERS LOCAL 856 UNIT DATED JULY 1, 2014
THROUGH JUNE 30, 2017
_________________
WHEREAS, staff recommends approval of the Memorandum of
Understanding (MOU) for the Mid-management, Teamsters Local 856 Unit dated July 1, 2014
through June 30, 2017; and
WHEREAS, the MOU was prepared by the Human Resources Department, has been
approved as to form by the City Attorney, and incorporates the agreed upon terms and conditions
of employment for the Mid-management, Teamsters Local 856 Unit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the City Council hereby approves the MOU for the Mid-management, Teamsters
Local 856 Unit dated July 1, 2014 through June 30, 2017.
* * * * *
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the City Council of the City of South San Francisco at a meeting held on
the day of _____________, 2015 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
City of South San Francisco
Mid-management Unit, Teamsters Local 856
Summary of MOU Changes
July 22, 2015
1. Contract term of three (3) years: July 1, 2014 – June 30, 2017.
2. Across-the-board salary adjustments of 2% effective upon adoption of the MOU by City
Council; 2.5% effective the pay period including July 1, 2015; and 3% effective the pay
period including July 1, 2016.
3. Comprehensive classification and compensation study to be conducted by a management
consulting firm. Salary survey adjustment effective the pay period including October 1,
2015. Salary survey includes the medical premium cost sharing. Any classifications
below market shall be brought up to the 60th percentile of total compensation.
4. One-time off-salary-schedule, non-PERSable incentive payment of $1,844 to all
bargaining unit employees on the payroll as of the Council’s adoption of this MOU.
5. Change from 100% City-paid HMO medical premiums to a 95/5 cost share with the City
paying 95% and the employee paying 5% of the employee HMO premium cost effective
the pay period including October 1, 2015, and a 90/10 cost share with the City paying
90% and the employee paying 10% of the HMO premium cost effective the pay period
including July 1, 2016.
6. Modify retirement language to reflect changes resulting from the Public Employees’
Pension Reform Act.
7. Increase Education Expense Reimbursement from up to $1,000 to $2,000 per fiscal year.
8. Add Personal and Professional Development Reimbursement of $500 per fiscal year.
9. Reinstate Medical Appointment Leave of eight (8) hours per calendar year.
10. Add Union Security and Recognition language.
11. City agrees to refer the Unit’s proposal to add the Teamsters Local 856 Health and
Welfare Trust Plan as an option for unit members to the analysis being conducted on the
plan by Mercer Group. If a favorable recommendation results from the Mercer Study, the
City agrees to meet and consult with the unit in year 2 (2015-16) of the agreement.
12. At such time as regulations are issued implementing the Affordable Care Act (“ACA”),
the City and the Mid-Management Unit will meet to discuss the impact, if any, of such
regulations on any benefit plans offered by the City. If modifications to the benefits,
eligibility for coverage, employer or employee contribution to the cost of insurance, or
any other provisions of the benefits plan covered by this MOU will be modified by the
ACA during the term of this agreement, it is agreed that the City and the Mid-
City of South San Francisco
Mid-management, Teamsters Local 856 Unit
Summary of MOU Changes
July 22, 2015
Page 2 of 2
Management Unit will reopen the contract to meet and confer and determine how such
mandated changes will be implemented.
Staff Report
Subject: A RESOLUTION APPROVING REVISIONS TO CONDITIONS OF APPROVAL
RELATED TO THE 2015 TERRABA Y PRECISE PLAN IN THE TERRABA Y
SPECIFIC PLAN ZONE DISTRICT IN ACCORDANCE WITH SOUTH SAN
FRANCISCO MUNICIPAL CODE CHAPTERS 20.240
Date: July 22,2015
Page 2 of4
the calculation on one firefighter position; the current cost for such a position (including benefits)
is estimated to be $188,000.
In conjunction with Fire Department Condition of Approval B.16, which requires a one-time
payment of $600,000, the revised total financial obligation to the Fire Department would be
$788,000. These funds can be used for staffing and/or for new equipment for the City's Fire
Department to help serve the increased service needs associated with multi-story R&D facilities.
The following modification is proposed to Planning Division Condition of Approval A.5 to reflect
this clarification:
A.5. Prior to the issuance of a building pennit for the North Tower, Applicant shall satisfy
all outstanding obligations from prior project entitlements. As way of clarification. the
prior project approvals' obligation to fund one fire fighter position may be satisfied
with a one-time payment of one hundred and eighty-eight thousand dollars ($188.000).
to be used for fire protection services and/or equipment.
Clarification of other Conditions of Approval
At the June 24th public hearing, a new Condition of Approval was introduced at the request of the
City Council to clarify the following four existing obligations:
• Developer agrees to attract a high-quality restaurant.
• Developer agrees to install public art.
• Developer agrees to install bicycle amenities, including bicycle lanes and facilities,
wherever feasible and appropriate.
• Developer agrees to maintain the property, including the area known as "The Point".
Based on this, the following additional Planning Division Condition of Approval is proposed:
A. 7. As part of the Project. the Applicant shall satisfy the following obligations. in a manner
consistent with all Conditions of ApprovaL 2015 Final Terrabay Specific Plan Phases II
and III (Specific Plan) and Mitigation Monitoring and Reporting Program
requirements:
1. Provide high quality art inside and outside of the North Tower.
ii. Pay for or provide bicycle amenities to provide access to the Property. in
keeping with the approved Transportation Demand Management Plan.
111. Provide a high-quality restaurant in the retail component of the North Tower.
iv. Maintain the property, including the area known as ''The Point". for the life of
the proj ect.
GENERAL PLAN CONFORMITY AND ZONING CONSISTENCY
The Project site is designated Mixed Use as a result of the approved General Plan amendment
(City Council Resolution No. 64-2015) and is located within the Terrabay Specific Plan District,
Staff Report
Subject: A RESOLUTION APPROVING REVISIONS TO CONDITIONS OF APPROVAL
RELATED TO THE 2015 TERRABA Y PRECISE PLAN IN THE TERRABA Y
SPECIFIC PLAN ZONE DISTRICT IN ACCORDANCE WITH SOUTH SAN
FRANCISCO MUNICIPAL CODE CHAPTERS 20.240
Date: July 22,2015
Page 3 of4
also defined as Terrabay Mixed Use, which provides zoning for the coordinated development of
planning areas with various residential, commercial uses and mixed uses. The 2015 R&D Project,
subject to the clarifications identified above, is consistent with the guiding and implementing
policies in the General Plan and would remain consistent with the intent and purpose of the
Terrabay Specific Plan and comply with all development standards of the District.
ENVIRONMENTAL REVIEW
In accordance with the provisions of CEQA, the City Council adopted the 2015 Addendum as part
of the June 24,2015 R&D Project approval (City Council Resolution No. 63-2015). The proposed
minor clarifying revisions to the conditions of approval will not result in any additional
environmental impacts. Per the Conditions of Approval, the applicant will continue to be required
to comply with and implement the Adopted 2006 Mitigation Monitoring and Reporting Program
(City Council Resolution # 82-2006), which contains all the mitigation measures required of the
Terrabay Phase III Project, including the 2015 R&D Project.
CONCLUSION
The proposed revisions to Conditions of Approval related to the 2015 Terrabay Precise Plan will
continue to be consistent with the City's General Plan and Zoning Ordinance requirements, and is
within the scope of the approved 2015 Addendum. Therefore, staff recommends that the City
Council make the required findings and adopt a resolution to revise and clarify Condition of
Approval A.I7 based on the attached draft Findings of Approval and subject to the attached draft
Conditions of Approval.
By:
Alex Greenwood
Director of Economic and
Community Development
Approved:_+--"'-'~"-":"""'--F-~<>J.-
Attachments:
1. Draft Entitlements Resolution
Exhibit A: Revised Conditions of Approval
2. P06-0073: PPM15-0001 Conditions of Approval, dated June 24, 2015
3. Letter from Myers Development dated July 9,2015
2465575.1
RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO,
STATE OF CALIFORNIA
A RESOLUTION APPROVING REVISIONS TO
CONDITIONS OF APPROVAL RELATED TO THE 2015
TERRA BAY PRECISE PLAN IN THE TERRABAY
SPECIFIC PLAN ZONE DISTRICT
WHEREAS, Myers Development Company, LLC ("Applicant") owns property
commonly known as Terrabay Phase III of the Terrabay Specific Plan, which is located at One
and Two Tower Place in South San Francisco, California; and,
WHEREAS, on June 24, 2015, the City approved an amendment to the 2012 Final
Terrabay Specific Plan and Precise Plan, General Plan and Terrabay Specific Plan Zoning
District Ordinance to allow mixed use on the Phase III site to add a second development
alternative consisting of Research and Development/Office ("2015 Project"); and,
WHEREAS, the Precise Plan that was approved on June 24,2015 was approved subject
to conditions of approval; and,
WHEREAS, due to the Terrabay project's extensive planning history, dating back to the
early 1980s, many of the previous project obligations have been satisfied, but some prior
obligations remain outstanding; and,
WHEREAS, when the Precise Plan was approved on June 24, 2015, an additional
condition of approval was added to the Precise Plan approval; and,
WHEREAS, in order to provide clarity for the Applicant and the City regarding
satisfaction of all of the 2015 Project obligations, City staff recommends revising selected
Precise Plan conditions of approval.
NOW THEREFORE, based on the entirety of the record before it, which includes
without limitation, the California Environmental Quality Act, Public Resources Code §21000, et
seq. and the CEQA Guidelines, 14 California Code of Regulations §15000, et seq.; the South San
Francisco General Plan, and General Plan EIR; the South San Francisco Municipal Code; the
Final Terrabay Specific Plan, as amended in 2000, 2006, 2008, 2012 and as approved in 2015;
the 2005/06 Certified Supplemental Environmental Impact Report and 2000, 2006, 2008, 2012
and 2015 Addenda and Mitigation Monitoring and Reporting Program, 1998-99 Certified
Terrabay Supplemental Environmental Impact Report, the 1982 Certified Terrabay
Environmental Impact Report, the Certified 1996 Terrabay Supplemental Environmental Impact
Report and Addendum to the 1998-1999 Certified Terrabay Supplemental Environmental Impact
Report; all site plans, and all reports, minutes, and public testimony submitted as part of the
Planning Commission's meeting held on June 4,2015, and Planning Commission deliberations;
all site plans, and all reports, minutes, and public testimony submitted as part of the City
Council's duly noticed June 24, 2015 meeting l'Ind City Council deliberations; and any other
-1-
evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the City
Council of the City of South San Francisco hereby finds as follows:
A. General Findings
1. The foregoing recitals are true and correct and made a part of this Resolution.
2. The Exhibit attached to this Resolution, the Revised Conditions of Approval
(Exhibit A) is incorporated by reference as part of this Resolution, as if it was set forth fully
herein.
3. The documents and other material constituting the record for these proceedings
are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue,
South San Francisco, CA 94080, and in the custody ofthe Chief Planner, Sailesh Mehra.
B. Precise Plan Amendments
1. The Precise Plan is compatible with the intent and purpose of the General Plan
and the Terrabay Specific Plan for the reasons stated in Resolution 64-2015 and because the
Precise Plan, including the site plan roadways, building placement and landscaping would not
change from the approved 2012 Precise Plan.
2. The Revisions to the Conditions of Approval are minor and only clarify existing
obligations and therefore will not cause environmental damage or substantially and unavoidably
injure fish or wildlife in their habitat and are designed to achieve compliance with the
development and/or construction standards of the Terrabay Specific Plan.
3. The Revisions to the Conditions of Approval are minor and only clarify existing
obligations and therefore do not conflict with public easements for access through or use of the
property within the Phase III areas of the Terrabay development and confonn to the provisions of
the Subdivision Map Act and Chapter 19.48.080 of the South San Francisco Municipal Code as
to design, drainage, utilities, road improvements and offers of dedication or deed.
4. The Revisions to the Conditions of Approval are minor and only clarify existing
obligations and therefore would not alter passive or natural heating and cooling opportunities.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of South San Francisco hereby makes the findings contained in this Resolution and approves the
revisions to the Precise Plan Conditions of Approval, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately
upon its passage and adoption.
* * * * * * *
I hereby certify that the foregoing resolution was adopted by the City Council of the City of
South San Francisco at the regular meeting held on the 22nd day of July, 2015 by the following
vote:
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AYES: ______________________________________________ __
NOES: ____________________________________________ ___
ABSTENTIONS: ____________________________ _
ABSENT:. ______________________________________ ___
Attest:
----~~---------------City Clerk
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Exhibit A
Revised Conditions of Approval
PRECISE PLAN REVISED CONDITIONS OF APPROVAL
PPM15-0002
The ApplicantIProject shall conform to all the conditions of approval identified in Resolutions
82-2006, 89-2008 and 107-2012, 64-2015, as modified herein.
The Conditions of Approval are hereby amended to read as follows (additions in double
underline; deletions in strikethrough). Any adopted Conditions of Approval not included below
are to remain in full force and effect as approved.
Planning Division Condition of Approval A.5 shall be modified as follows:
5. Prior to the issuance of a building permit for the North Tower, Applicant shall
satisfy all outstanding obligations from prior project entitlements. As way of
clarification. the prior prQ j ec1 approvals' obligation to fund one fire fighter
position may be satisfied with a one-time payment of Qne hundred and eighty-
eight thousand dollars ($188.000). to be used for fire protection services and/or
equipment.
Planning Division Condition of Approval A. 7 shall read as follows:
7. As part of the Project. the Applicant shall satisfy the following obligations. in a
manner consistent with all Conditions of ApprovaL 20U Final Terrabay Specific
Plan Phases II and III (Specific Plan) and Mitigation Monitoring and Reporting
Program requirements:
i. Provide high quality art inside and outside of the North Tower as
identified in the Specific Plan.
11. Pay for or provjde bicycle amenities to provide access to the PropertY. in
keeping with the approved Transportation Demand Management Plan as
identified in the Specific Plan.
111. Provide a high-quality restaurant in the retail component of the North
Tower as defined in the Specific Plan.
IV. Maintain the property. including the area known as "The Point". for the
life of the Project.
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Exhibit A
Conditions of Approval
2015 AMENDMENT TO THE FINAL TERRABAY PHASE In SPECIFIC PLAN,
PRECISE PLAN AND CONDITION OF APPROVAL
PPMI5-001, GPAI5-0003, SPAI5-0002, UPM15-0003
(as approved by City Council on June 24, 2015)
The ApplicantJProject shall confonn to all the conditions of approval identified in Resolutions
82-2006, 89-2008 and 107-201 2, as modified herein, as well as the additional conditions
contained herein.
A. PLANNING DIVISION
1. The ApplicantJProject shall implement all the mitigation measures identified in the
adopted Mitigation Monitoring and Reporting Program for Terrabay adopted by City
Council Resolutions 81-2006, 88-2008 and 108-2012.
2. All the requirements of the Transportation Demand Management Program (TDM
Program) contained in the Final Terrabay Specific Plan and shown in Attachment B
to the 2012 CEQA Addendum resolution of approval and in accordance with SSF
Municipal Code Chapter 20.400 shall be implemented into the project. Monitoring
shall occur in accordance with SSF Municipal Code 20.400 and updates (as needed)
of the TDM Program shall occur in order to assure that the perfonnance objectives
(32 percent mode shift) are met. The 2006 1 Project, as noted in the TDM Program,
shall incorporate shuttle bus service into the Project. The shuttle bus service can
either be a stand alone serving the project, connect with the Alliance shuttle ,bus
service serving the East of 101 areas, or another similar shuttle service such as the
one serving the Peninsula Mandalay Tower. The Applicant shall cooperate with the
City in the development and implementation of a regional shuttle service if such
service is considered by the City.
3. Prior to issuance of a building permit and after BAAQMD and Fire Department
review of R&D operations and building requirements, building elevations showing
these requirements shall be submitted to the Planning Division for review and
approval. Building elevations shall indicate the location and screening of including
but not limited to generators, boilers, venting, stacks, and any other mechanical, life
safety and emergency equipment, required for R&D operations. The Chief Planner,
or designee, may refer the elevations to the City's Design Review Board for review
and approval prior to issuance of building permits. Additional screening may be
required.
4. A development deposit of $75,000 shall be paid to the City within 48 hours of City
Council approval. The development deposit shall not drop below a $25,000 balance
at any time until a final certificate of Occupancy i s issued for the North Tower and all
I The condition contains the requirements of 2006 and is _ sJated to require a 32 percent mode shift.
impact fees, mitigation measures and construction are complete. The development
account shall pay for City services including but not limited to attorney fees,
consultant and staff fees to review project plans, perform inspections, respond to
questions and overall project management.
5. Prior to the issuance of a building permit for the North Tower, Applicant shall satisfy
all outstanding obligations from prior project entitlements.
6. These conditions of approval shall run with the land and be recorded against the
property. These conditions of approval shall be binding on the developer and all
successors in interest. Any successor in interest shall execute an assumption and
assignment agreement approved as to fonn by the City for any obligations
outstanding at the tim e of transfer of interest.
B. FIRE PREVENTION
1. Install a standpipe system per NFP A l4/SSFFD requirements under separate fire plan
check and permit.
2. At least one elevator shall be sized for a gurney the minimum size shall be in
accordance with the CFC.
3. Fire alarm plans shall be provided per NFPA 72 and the City of South San Francisco
Municipal Code.
4. Buildings 4 stories or more will require a modified smoke control system. A rational
analysis is required before building plans are approved.
5. Provide fire extinguishers throughout the building.
6. All buildings shall provide premise identification in accordance with SSF municipal
code section 15.24.100.
7. Provide Knox key box for each building with access keys to entry doors,
electrical/mechanical rooms, elevators, and others to be determined.
8. All Non parking space curbs to be painted red to local Fire Code Specifications
9. Access road shall have all weather driving capabilities and support the imposed load
of 75,000 pounds.
10. Road gradient and vehicle turning widths shall not exceed maximum allowed by
engineering department.
11. Provide fire flow in accordance with California Fire Code Appendix III-A.
12. Provide fire hydrants; location and number to be determined.
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13. All buildings shall have Emergency Responder Radio Coverage throughout ill
compliance with Section 510 of the California Fire Code.
14. The Fire Department reserves the right to make additional safety conditions, if
necessary, upon receipt of detailed / revised building plans.
15. This new residential construction will be assessed a recently adopted Public Safety
Impact Fee. The amounts for OfficelR & D are $0.13 per square foot for the Police
Department and $0.31 per square foot for the Fire Department.
16. Prior to the issuance of an occupancy pennit for the North Tower building, applicant,
(arid any successor in interest) shall make a one-time payment of $600,000 to the
City, which will be used for new equipment for the City's Fire Department to help
serve the increased service needs associated with multi-story R&D facilities.
Examples of increased needs, include but are not limited to, the Fire Department's
potential purchase of: a quint apparatus, ladder truck, engine, ambulance, utility
vehicle, andlor related equipment and training associated with those apparatus to
serve the multi-story R&D facilities. The $600,000 payment shall be made within
twelve (12) months after commencement of construction of the North Tower, but in
no event later than January 31, 2017.
c. WATER AND WASTEWATER
The following items must be included in the plans or are requirements of the Stormwater andlor
Pretreatment programs and must be completed prior to the issuance of a permit:
1. Condensate drains from HV AC system must be connected to the sanitary sewer.
2. Site is subject to Low impact development requirements; site must treat stormwater
prior to it entering the stormwater system.
3. Roofleaders cannot be connected directly to the storm drain system.
4. Landscaping shall meet the following conditions related to reduction of pesticide use
on the project site:
a. Where feasible, landscaping shall be designed and operated to treat stormwater
runoffby incorporating elements that collect, detain, and infiltrate runoff. In
areas that provide detention of water, plants that are tolerant of saturated soil
conditions and prolonged exposure to water shall be specified.
b. Plant materials selected shall be appropriate to site specific characteristics such as
soil type, topography, climate, amount and timing of sunlight, prevailing winds,
rainfall, air movement, patterns ofland use, ecological consistency and plant
interactions to ensure successful establishment.
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c. Existing native trees, shrubs, and ground cover shall be retained and incorporated
into the landscape plan to the maximum extent practicable.
d. Proper maintenance oflandscaping, with minimal pesticide use, shall be the
responsibility of the property owner.
e. Integrated pest management (IPM) principles and techniques shall be encouraged
as part of the landscaping design to the maximum extent practicable. Examples of
IPM principles and techniques include:
1. Select plants that are well adapted to soil conditions at the site.
11. Select plants that are well adapted to sun and shade conditions at the site.
In making these selections, consider future conditions when plants reach
maturity, as well as seasonal changes.
iii. Provide irrigation appropriate to the water requirements of the selected
plants.
IV. Select pest-resistant and disease-resistant plants.
v. Plant a diversity of species to prevent a potential pest infestation from
affecting the entire ~andscaping plan.
vi. Use "insectary" plants in the landscaping to attract and keep beneficial
insects.
5. No decorative bark shall be used in landscaping.
6. Install a separate non-pressurized process line fo r sample monitoring before mixing
with domestic waste in the sanitary sewer.
7. Wastewater pretreatment may be required at the time of the Tenant Improvement
process to properly treat discharged waste to City standards prior to entering the City
sanitary sewer system (dependent upon the type of work being conducted).
8. Facility will need approval from Environmental Compliance prior to discharging to
the sanitary sewer.
D. POLICE
1. The applicant shall comply with the provisions of Chapter 15.48 of the Municipal
Code, "Minimum Security Standards" ordinance. The Police Department reserves the
right to make additional security and safety conditions, if necessary, upon r~ceipt of
detailed/revised building plans.
a. Multiple-tenant, commercial, and office buildings using a common entrance shall
be equipped with a silent intrusion alann system covering all entrances and exits,
or each individual tenant shall be required to install its own alarm system.
Specific tenants inside multiple-tenant buildings may be required to install their
own separate alann systems, whether or not the building shell is so equipped, if in
the opinion of the police department the business may be subject to a high risk of
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burglary or robbery or the business has an inventory which presents a potential
danger to the public health or safety.
b. Pedestrian entrance/exits, parking garage entrance/exits, any loading docks or
other points of entry into the building shall have video surveillance cameras
installed to record the persons or vehicles who enter those areas. The video
surveillance cameras will be used as a crime deterrent and assist with the
identification and apprehension of criminals if a crime is committed on the
property.
The video surveillance systems shall be:
1. Maintained in proper working order at all times; and
11. Kept in continuous operation 24 hours a day, 7 days a week; and
iii. Have enough memory to retain the data from all cameras for a period of
30 days; and
IV. Have a recording resolution level of 640 x 480 or better; and
v. Have the ability to view and retrieve data while the system remains in
operation.
2. The Police Department reserves the right to review and comment upon the
submission of revised and updated plans.
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MYERS DEVELOPMEN1-COMPANY
July 9,2015
Mr. Alex Greenwood
Director
City of South San Francisco
Economic & Community Development
South San Francisco, CA 94083-0711
RE: CONDITIONS OF APPROVAl-FIRE DEPARTMENT
Dear Alex,
I am writing this letter as a follow up to the City Council hearing held on June 24th where the
subject of Conditions of Approval ("COA") were reviewed toward the end of the hearing. Of
particular importance was the recital of various outstanding obligations deemed to be a part of
the COA that inured to the benefit of the South San Francisco Fire Department ("FO").
We are requesting the clarification and modification of one item -$622,000 for FD personnel. In
summary, Myers Peninsula Ventures ("MPV") believes that it was responsible, as stipulated by
reference in the 2006 Specific Plan to an obligation of $133,500. In 2006, we agreed to all of the
obligations of the Specific Plan that included such FD items as:
1.) The installation of a communications receiver ($35,000) to improve FD communications;
2.) An increase in the fire break zone ($29,000) behind both the South and North Tower of
Centennial Towers from 50 feet to 100 feet;
3.) The installation of an OPTICOM system ($10,000); and,
4.) A FD equipment purchase of some $589,000.
Though there is a reference to the $622,000 for personnel in the 2009 Precise Plan, it's important
to note that there was no specific agreement negotiated and agreed to by MPV. Rather, and
because we were seeking a lender (ING) required Certificate of Occupancy for our project, we
believed the FD personnel matter would be an item to be formally negotiated at another time.
MPV continues to this day to carry $133,500 in its Project Budget for this line item.
101 Second Str~cl, Suite 555 • S~n Fr~ncisco. CA 94 ~J ... O-Telephonc: (415) 777-3330 • Fax: (41 5) 777-3.13 1
,,,,,w.mycrsdevelopmellt , com