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Home My WebLink About2007-03-28 e-packet AGENDA CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY, MARCH 28, 2007 7:30 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting 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 7:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the City Council on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Council Chamber's and submit it to the City Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents the City Council from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address (optional) for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation. The City Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Council action. RICHARD A. GARBARINO, SR Mayor PEDRO GONZALEZ Vice Mayor MARKN. ADDIEGO Councilman JOSEPH A. FERNEKES Councilman KARYL MATSUMOTO Councilwoman RICHARD BATTAGLIA City Treasurer SYLVIA M. PAYNE City Clerk BARRY M. NAGEL City Manager STEVEN T. MATTAS City Attorney PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMP AIRED AT CITY COUNCIL MEETINGS CALL TO ORDER ROLLCALL PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS . City Permit Process - Chief Building Official Jim Kirkman . Lindenville Pump Station - Public Works Director Terry White AGENDA REVIEW PUBLIC COMMENTS ITEMS FROM COUNCIL . Announcements . Committee Reports . Resolution supporting expansion and safety enhancement to transit service CONSENT CALENDAR 1. Motion to approve the minutes of the special meeting of March 14, 2007 2. Motion to confIrm expense claims of March 28,2007 3. Motion to adopt ordinances: AN ORDINANCE AMENDING TITLE 20, CHAPTER 39 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO REQUIRE SUBMISSION OF AN IMPLEMENTATION PLAN, ADDRESS REMOVAL OF PROPERTY FROM THE DISTRICT, AND CLARIFY CONTENTS OF THE ANNUAL REPORT AN ORDINANCE AMENDING THE CITY OF SOUTH SAN FRANCISCO ZONING MAP TO CHANGE THE LAND USE DESIGNATION OF TEN PARCELS TOTALING APPROXIMATELY 36 ACRES AND LOCATED AT 560 FORBES BOULEVARD, 342,410, AND 444 ALLERTON AVENUE, 400-428/448 AND 425 GRANDVIEW DRIVE AND 345 EAST GRAND AVENUE, FROM THE PLANNED INDUSTRIAL (P-I) ZONING DISTRICT TO THE GENENTECH RESEARCH AND DEVELOPMENT OVERLAY DISTRICT AN ORDINANCE AMENDING TITLE 20, CHAPTER 40 OF THE SOUTH SAN FRANCISCO MUNICIP AL CODE TO REVISE DEVELOPMENT STANDARDS, INCLUDING OFF-STREET PARKING REQUIREMENTS, GROWTH AND DEVELOPMENT PROJECTIONS, AND OPEN SPACE AND PUBLIC PARKING STANDARDS, AS WELL AS CLARIFY IMPACT FEES TO BE PAID REGULAR CITY COUNCIL MEETING MARCH 28, 2007 AGENDA PAGE 2 4. Motion to accept the Oyster Point Hook Ramp Wetland Mitigation Planting Project as complete in accordance with plans and specifIcations 5. Motion to accept the 2006-2007 Street Resurfacing and Dig-outs projects as complete in accordance with plans and specifications 6. Resolution awarding a construction contract to Bond Blacktop, Inc. for the 2006-07 Streets Slurry Seal and Cape Seal Project in the amount of$506,190.35 7. Resolution authorizing the execution of an interim performing arts facility operating agreement with Myers Peninsula Venture, LLC PUBLIC HEARING 8. Consideration of City's housing and community development needs for the one year action plan; review proposed activities requesting Community Development Block Grant funding; and provide direction to staff regarding funding priorities for the 2007-08 program year (public hearing continuedfrom February 28, 2007) COUNCIL COMMUNITY FORUM ADJOURNMENT REGULAR CITY COUNCIL MEETING AGENDA MARCH 28, 2007 PAGE 3 ADDENDUM TO AGENDA CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIP AL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE MARCH 28, 2007 7:30 P.M. The following item is added to the Agenda: ITEMS FROM COUNCIL . Resolution supporting a socially responsible contractor's "Code of Conduct" Office of the City Clerk, 400 Grand Avenue, South San Francisco, CA 94080 (650) 877-8518 RESOLUTION NO. -2007 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION SUPPORTING EXPANSION OF AND SAFETY ENHANCEMENTS TO TRANSIT SERVICE WHEREAS, Caltrain service in San Mateo County has been reduced by more than 20 percent since 2000, in contrast to the approximate 13 percent reduction in Santa Clara County and the 2% increase in San Francisco County; and WHEREAS, the City of South San Francisco contributes approximately $2,223,167.50 annually to Caltrain from Measure A funds which would otherwise be allocable to the City of South San Francisco for street repairs, shuttles, and many other transportation needs; and WHEREAS, transit service receives 50 percent of the funds collected under Measure A, which represents a contribution from the cities in San Mateo County and the County of approximately $25 million annually from funds which would otherwise be available to localities; and WHEREAS, the South San Francisco has lost 21 weekday Caltrain stops (-20%) since 2000; and WHEREAS, the reduction in Caltrain service at many stations has made it more difficult for many riders to use Caltrain; and WHEREAS, the substantial reduction of Caltrain service has had a significant negative economic impact upon properties near Caltrain stations; and WHEREAS, increased Caltrain service is necessary to support and encourage transit- oriented development; and WHEREAS, the growing senior population of San Mateo County will necessitate further dependence upon mass transit; and WHEREAS, additional connections to Caltrain by shuttles and SamTrans buses are needed to encourage transit ridership; and WHEREAS, safety along the rail corridor is a growing concern; and WHEREAS, the City of South San Francisco desires to encourage greater availability and use of mass transit to address the climate change crisis and to facilitate the needs of its citizens. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of South San Francisco hereby resolves: 1. That the City of South San Francisco urges Caltrain to retain an outside scheduling consultant to develop and evaluate alternative train schedules that would provide a better balance between local service and express train service within the County, in order to meet the needs of more passengers. 2. That, in order to better serve local needs, the cities be provided the opportunity to review and comment on the alternative schedules so developed. 3. That Caltrain complete with all due diligence the safety improvements planned within the County. 4. 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E () Comparison of Weekday Caltrain Service between Nov. 2000 & Feb. 2007 I Total Weekday Stops Station Nov. 2000 Feb. 2007 Difference % Change 4th & King 78 96 18 23% 22nd Street 64 56 -8 -13% Paul Avenue 7 o -7 -100% .9~fuFti;\6#ii=iqgQqp6ty .~ ill - .. Bayshore 64 38 -26 -41% South San Francisco 65 44 -21 -32% San Bruno 67 60 -7 -10% Millbrae 65 88 23 35% Broadway, Burlingame 62 0 -62 -100% Burlingame 63 62 -1 -2% San Mateo 70 74 4 6% Hayward Park 66 38 -28 -42% Hillsdale 71 78 7 10% Belmont 68 52 -16 -24% San Carlos 71 68 -3 -4% Redwood City 72 78 6 8% Atherton 63 0 -63 -100% Menlo Park 76 70 -6 -8% 9?mM\il~~gQgij6ty ..................- - ..... ... Palo Alto 78 84 6 8% California Avenue 75 58 -17 -23% San Antonio 74 52 -22 -30% Mountain View 78 84 6 8% Sunnyvale 78 62 -16 -21% Lawrence 77 60 -17 -22% Santa Clara 78 64 -14 -18% College Park 15 4 -11 -73% San Jose - Diridon 78 96 18 23% Tamien 68 48 -20 -29% Capitol 8 6 -2 -25% Blossom Hill 8 6 -2 -25% Morgan Hill 8 6 -2 -25% San Martin 8 6 -2 -25% Gilroy 8 6 -2 -25% $jiifuij~iillf:ij~q(JntY}........... Grand Total 1831 1544 -287 -16% Number of Trains 78 96 18 23% San Francisco County 152/149 2% San Mateo County 750/943 -20,50% Santa Clara County 642/739 -13,10% Source: Caltrain. schedules, 2000 and 2007 f- Z ::l o U ...J <( ::l Z Z <( <D a C> N " ~ ecii .....-0 " <: os N VlN ,," 0 :> ~ " <( ~ \.I.. 2 -;;~VlCQ tlt <<I 0 c o.COtIJCI) cu c.:s'1t) 0 "'0 ~ QJ e~E~;o(; ~]!o~ ~~~ :ECoro~:I!~:E E ~ -g 01: 0 E os ~ _U-o " c u CQVlCX: s ci: ~ "E ~"2 t::~<tEt:S9 ~ ~ 0 c .- c -.:;loca.r!'tOor( <:::;:"-VlUVl ~ CCi ~ g.~ ~ ~ '" > " ~ d~~:l ;a u... .: o 1;l.0 '" " " .., - '" c - 0 ~8U) c .S ~~ e ~~6 c _ E .~ .2 ~ ~ ~.2 f-UCQ U " ~ ~ u'" '-0 " - l::", "- u -oft. ~~~~ ",- u r.. -Vl....oo.V"I O?~r-;-~~-: ..or"'l 1"'"l-t"NNO\Or-NO r-9;'9~~l"'")~~'-O~ -;~ NOO"..o-Q'<o:fOO 0'90'0 ~~~'"l~~oC"';'t'"';'I" '9 ~~ os'" .cO .. - '#,.Q ;; "Cf.e7.';f:.~'f.;;''$.'$."t!.?J!.~ r-...oooooo.......'o:TO-O ~~~~~-d~;::;~~~ l;;'$.?f. 0_..... ::C--.ci UN ... r.. 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" -0 Cd 51 ;J >:: c 9 ~ ~ C m .~ " .b ~ '@ ~ U " " " <( '" o o 11: I- Z :> o u lr w CI Z w (/) (/) <( % " u "1: ell ~ z <J:) Cl Cl N ;>, '- ell ;J .... .0 Q) ~ "vi tlD C :a C ~ ;>, Q) ~ o e " '" ';i(J :::;: 5 " '" os .. CIlCll "cO u '- ;J o (/) C~]E~ lr~S ((c())ia\]!iitiiCOmlltc()) lEA'\]plia\Jll\cdl T]ria\n~flt ScenlJ'ircce Local leaders who belong to the Coalition to Expand Transit Service believe that Caltrain does a great job of carrying riders swiftly between "Baby Bullet" stations, but the current schedule has greatly reduced service between the express stations. We think the public will be better served and more riders will ride Caltrain if service is more balanced, Here's why: Increasing local train service will boost Caltrain ridership and better serve cities in San Mateo County. Dear Fellow City Council Member, Caltrain representatives report that the "limited" trains that stop at some local stations are more popular than express trains that only run between Baby Bullet stations. Citizens in all cities in San Mateo County pay taxes for public transit, so train service should be more equitable. Our economic success depends on public transit. We can't encourage transit-oriented de- velopment without transit. The loss of train service at some stations has had a significant economic impact. We need to address the climate change crisis by getting people out of their cars, which are the biggest source of C02 emissions in the United States. We need to provide better public transit to serve the needs of our rapidly aging population in San Mateo County, Please join us in supporting a resolution that asks Caltrain to retain an outside scheduling consultant to develop and evaluate alternative train schedules that would provide a better balance between local service and express train service within San Mateo County, in order to meet the needs of more passengers. Sincerely, Members of the Coalition to Expand Transit Service The Coalition to Expand Transit Service is a group of past and present City Council members who are working to improve train service and connectivity between transit systems in San Mateo County. Members include Jerry Carlson, Atherton City Council; Judith Christensen, Daly City City Council; Andy Cohen, Menlo Park City Council; Russ Cohen, Burlin- game City Council; Bill Dickenson, Belmont City Council; Sue Digre, Pacifica City Council; Malcolm Dudley, former Mayor of Atherton; Kelly Fergusson, Mayor of Menlo Park; Jim Janz, Vice Mayor of Atherton; Phil Mathewson, Belmont City Council; Terry Nagel, Mayor of Burlingame. For more information, contact: Terry Nagel at terrynagel@gmail,com, (650) 347-3576 or Bill Dickenson at wdickenson@belmont,gov, (650) 593-3940, 2: :I: en a:: w c iX 1- Z I~ ~ I g: I- 'I C/) ..J <( ~ \~ ~ l~ ~ 1<( f 1+ ~ I~ C) I ~ z '0:: ttl I ~ :;t I ~ FZ w 1<( CD . 0:: II- Z ....J o 1 <( ~ 1+ w l~ a:: a:: o CJ NO"V~ H3d 3:>IHd 3~VH3^V o o C') (A- o LO N (A- o o N (A- o LO o o o LO o (A- ..... (A- ..... (A- ~-~ --+---+-- -+~- ~~ "" ...... ",> :c ~ I'-.. CI /C7" ':;. ~ ,/ (' II. 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CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO ENDORSING THE ADOPTION OF "THE SOCIALL Y RESPONSIBLE CONTRACTOR'S CODE OF CONDUCT." WHEREAS, as the duly elected City Council of South San Francisco, we care deeply about the rights and well being of all residents of our city; WHEREAS, it has been demonstrated in several studies of low wage workers that residents of our community are suffering economically and socially due to the conditions of their employment and we are therefore troubled that many of these low wage workers are employed at the sites of the wealthiest companies on the world: the High-Tech and Bio-Tech Corridor running from South San Francisco to San Jose; \VHEREAS, many workers in this "corridor" are employed by Food Service subcontractors; WHEREAS, food service workers earn, on average, 69% less than the median income for this area and are unable too meet the basic needs for themselves and their children despite being employed full time; WHEREAS, these same subcontracted workers, such as food service workers, are often forced to rely upon government subsidies because their employers often do not provide access to affordable health care and a sustainable wage; WHEREAS because subcontractors_and their client companies often shift the responsibility for the workers' (and their families') right to health care from the company to the public sector, these subcontractors thereby increase their profit margin at the expense of our neighbors and our State budget; WHEREAS, many subcontracted Food Service workers are hard working immigrants and often suffer disrespectful treatment on the job; WHEREAS we members of the South San Francisco City Council reaffirm our commitment to protect a decent standard ofliving for all our residents as believe strongly in their right to respect and dignity at work; WHEREAS, in many ways, we are a community which has benefited greatly from the new economy of Bio-Tech and High-Tech industries; * * * * * NOW, THEREFORE BE IT RESOLVED, that the City Council of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and ad~ted by the City Council of the City of South San Francisco at a regular meeting held on the 28 day of March 2007 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk Responsible Contractors: Bridging the Two Economies High tech and biotech companies in the Peninsula and South Bay have an oppor- tunity to hold their contractors to their same standard of creating quality jobs with good wages and affordable health insurance. The economic prosperity in the High Tech- Biotech Corridor means that companies do not need to use the lowest cost as their sole criteria for choosing a contractor. Other factors, including compliance with legal and regulatory requirements and employment practices can and should be taken into account. Companies can adopt their own code of conduct for contractors to take responsibility for the quality of the jobs they indirectly provide. If a large number of companies in the High Tech-Biotech Corridor adopt- ed a code of conduct, contractors would have to raise the standards of the jobs they provide in order to maintain and grow their businesses. What is a Code of Conduct? Standards [for contractors and subcon- tractors hired to develop and maintain prop- erties] outline some prerequisites of quality service: decent wages, benefrts and respect for applicable state and federal law. Adoption of these standards by several large institutional owners sends a common message to asset managers and to service providers compet- ing for this premium clientele, Clear expecta- tions of high quality providers simplifies the monitoring process, allowing self-reporting by property managers and building service providers using the specified guidelines. -Impacts of Quality Building Management and Service on Real Estate Investments, Julie Gozan and Melissa Moyes, Jan. 2000 Codes of Conduct, which are often called Responsible Contractor Policies, have been imple- mented in a variety of forms by public airports, city councils, pension funds, investment vehicles and private companies. Private companies voluntarily adopt and implement these policies and enforce them with their contractors. The elements usually include standards that apply to · fair wages, · compliance with state and federal laws, . labor peace requirements or neutrality toward worker organizing, and · worker retention when contractors change. Fair Wages and Benefits In addition to Contractor Codes of Conduct, living wage policies have been passed by a number of public entities. These laws set a living wage for a geographiC region or industry, and usually include basic requirements for health insurance and benefits. Communities across the country have passed living wage laws. In California these include: the Port of Oakland, Emeryville,27 Berkeley,28 Sonoma, San Jose, and Hayward. Compliance with State and Federal laws Contractors often cut corners to reduce costs either to underbid their competition or to squeeze out higher profit margins. This can lead to violations of health & safety stan- dards, environmental standards, anti-discrimination standards, and wage and hour laws. 15 Cutting corners can also lead to poorer quality of service for clients. Codes of conduct can ensure compliance with State and Federal laws and lead to better performance from contractors. Neutrality toward unionization and labor Peace Across the US from the New York-New Jersey Port Authority to the Port of Oakland,29 many public entities have adopted Labor Peace policies to protect their pro- prietary interests. These policies require contractors to ensure that there will be no labor disruptions that could affect the agency's revenue stream. In the Bay Area, San Francisc030 and Monterey31 have also adopted labor peace! neutrality policies. Worker Retention Many public agencies across the country have adopted worker retention policies, including policies for government contractors. These policies protect ]ocal economies from worker displacement in the event of layoffs due to a change in contractor or owner. Some local examples include: the City of San Francisco, the San Francisco International Airport Commission, the County of Santa Cruz and the City of San Jose. The State of California has laws that protect all contracted work- ers in a few selected industries, not just employees of contractors doing work for the state.32 Holding Contractors Accountable In 2003, the workers in the cafeteria at the US Trust headquarters in New York City (now a division of Charles Schwab) wanted to organize a union. The contractor at that cafeteria retaliated against the workers and had to settle charges of breaking federal labor law. The management of US Trust decided that if its contractor could not obey federal laws and still provide quality services, they would find a different contractor: US Trust chose a new contractor who agreed to keep all the food service workers in their jobs and to recognize a union if the workers wanted one. The transition between contractors hap- pened over the course of one weekend. Who adopts Codes of Conduct? Codes of conduct have now been adopted by firms with more than $400 billion in invested capital. 33 Some private companies that have adopted Codes of Conduct include34 the insurance company CIGNA, the investment bank Prudential, the invest- ment vehicles Lend Lease and the Multi-Employer Property Trust, and several pension funds, such as CalPERS, the San Diego County Employee Retirement Association, and the New York Common Retirement Fund. Some universities have adopted living wage policies. In 2002, Harvard University adopted a living wage policy for its service workers. This policy establishes wage and benefit parity for all Harvard service workers, including sub-contracted labor.35 Students across the country are calling on university administrators to adopt a Labor Code of Conduct, to implement real standards for service workers on college campuses.36 16 !..rom: Stephanie Ruby <[email protected]> S,ubie:~t: code of conduct March 23, 200712:16:01 PM PDT [email protected] 1 Attachment, 121 KBSave Slides how A Model Responsible Food Service Contractor Code of Conduct Our company, like many in the Bay Areal 15 a responsible employer that provides high quality jobs, with excellent wages and benefjts. With major operations in the area, we contract with other companies that provide non. core sCIVices, slIch as operating cafes in our buildings. We recognize that jobs in service industries, such as food service, are not of the same caliber as the ones we provide. Therefore we adopt the fol. lowing principles to apply to our relationship with food service contractors as a way to make sure that the jobs indirectly provided by our business are good jobs that build the surrounding communities. Upon adoption of this policy! we will notify our existing food service contractors of this Code of Conduct. A responsible food service contractor: . Provides affordable family health care coverage and access to health care when needed; . Pays wages that its employees and their families can live on,: . Complies with all applicable federal, statel and local laws, regulations, and ordinances, including (but not limited to) those related to insurance, ...___~ .......... "!~~......;........;......r;....... .........It-h ."...,.1 ""'~hf ':llnrll'On"irAnmpnt:::ll m:::lttprc:.. wages, nQn-UI~LTlln"ld~IUllf llCdll.J1 (l.!IU ';)c:I1CI.Yt QI/V \;IIV..VIIIIl....J1..Q! I!...H.... ~j and . Respects the right to organize a union without management interference when employees want to improve their lives. If it comes to our attention that a contractor does not act in accordance with these principles, either at our company's facilities or at other locations, we will remind the contractor of these principles and ask them to rectify any problems. If for any reason we elect to change contractors, we will seek out an alternative contractor who will hire the employees already working in our buildings, wiIJ offer comparable or better compensation and working condi- tions to these employees and who respects the right of these employees to orgamze. 17 ~'tll ~ &iI (>0 - ~ ~ v 0 9tI.IFO~~ Staff Report AGENDA ITEM # 3 DATE: March 28,2007 TO: Honorable Mayor and City Council FROM: Steven T. Mattas, City Attorney SUBJECT: Motion to Adopt Three Ordinances Related to the Genentech Master Plan Update RECOMMENDATION: Waive reading and adopt the following three ordinances: (1) an ordinance amending Title 20, Chapter 39 of the South San Francisco Municipal Code to require submission of an implementation plan, address removal of property from the district, and clarify contents of the annual report; (2) an ordinance amending Title 20, Chapter 40 of the South San Francisco Municipal Code to revise development standards, including off-street parking requirements, growth and development projections, and open space and public parking standards, as well as clarify impact fees to be paid; and (3) an ordinance amending the City of South San Francisco Zoning Map to change the land use designation of ten parcels totaling approximately 36 acres and located at 560 Forbes Boulevard, 342,410, and 444 Allerton Avenue, 400-428/448 and 425 Grandview Drive and 345 East Grand Avenue, from the Planned Industrial (P-I) Zoning District to the Genentech Research and Development Overlay District BACKGROUND/DISCUSSION: The City Council previously waived reading and introduced the following three ordinances. The ordinances are now ready for adoption. (1) AN ORDINANCE AMENDING TITLE 20, CHAPTER 39 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO REQUIRE SUBMISSION OF AN IMPLEMENTATION PLAN, ADDRESS REMOVAL OF PROPERTY FROM THE DISTRICT, AND CLARIFY CONTENTS OF THE ANNUAL REPORT (2) AN ORDINANCE AMENDING TITLE 20, CHAPTER 40 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO REVISE DEVELOPMENT STANDARDS, INCLUDING OFF-STREET PARKING REQUIREMENTS, GROWTH AND DEVELOPMENT PROJECTIONS, AND OPEN SPACE AND PUBLIC P ARKlNG STANDARDS, AS WELL AS CLARIFY IMP ACT FEES TO BE PAID 949159_I.DOC (3) AN ORDINANCE AMENDING THE CITY OF SOUTH SAN FRANCISCO ZONING MAP TO CHANGE THE LAND USE DESIGNATION OF TEN PARCELS TOTALING APPROXIMATELY 36 ACRES AND LOCATED AT 560 FORBES BOULEVARD, 342,410, AND 444 ALLERTON AVENUE, 400- 428/448 AND 425 GRANDVIEW DRIVE AND 345 EAST GRAND AVENUE, FROM THE PLANNED INDUSTRIAL (P-I) ZONING DISTRICT TO THE GENENTECH RESEARCH AND DEVELOPMENT.OVERLA Y DISTRICT (All introduced on March 14,2007. Vote 5-0 on all ordinances.) By. ~ ~~_ Steven T. Mattas, City Attorney /",-(:::) (' / ~"'\ , , l "> \.--"i-__i ,- "'Y'),..'-c' '--::;-~~/ Batry;M./Nagel; City Manager 949159_l.DOC ORDINANCE NO. AN ORDINANCE AMENDING TITLE 20, CHAPTER 39 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO REQUIRE SUBMISSION OF ANJ:MI>LEMENTATION PLAN, ADDRESS REMOVAL OF PROPERTY FROM THE DISTRICT, AND CLARIFY CONTENTS OF THE ANNUAL REPORT WHEREAS, Genentech, roc. has submitted a request to the City of South San Francisco to approve the II Genentech Facilities Ten Year Master Plan Update" ("Master Plan Update") including an implementation plan and transportation demand management plan, as well as reclassify ten parcels, totaling approximately 36 acres in the Planned rodustrial Zoning District to the Genentech Research & Development Overlay District; and, WHEREAS, a Final Master Environmental Impact Report (FMEIR), which includes both the Draft Master Environmental Impact Report (DMEIR) and the recirculated, Partially Revised Draft Master Environmental Impact Report (pRDMEIR), has been prepared for the project to address the anticipated environmental effects of the project; and, WHEREAS, by resolution dated March 14,2007, the City Council of the City of South San Francisco certified the FMEIR., including required findings regarding impacts, mitigation measures, and alternatives, as well as a statement of overriding considerations for those significant and unavoidable impacts, and a Mitigation Monitoring and Reporting Program (MMRP); and, WHEREAS, certain amendments to the Research and Development Overlay District Regulations, contained in South San Francisco Municipal Code (SSFMC), Title 20, Chapter 39, are necessary to allow for the development and City oversight of the Master Plan Update; and, WHEREAS, amendments as proposed to the Research and Development Overlay District Regulations (SSFMC Chapter 20.39) will allow for development of the Master Plan Update, require submission of an "Implementation Plan" to address phasing of development, impose regulations on property removed from the District, clarify the need for conditional use permits for certain development projects, and clarify the contents of the Annual Report; and, WHEREAS, on February 1, 2007, February 15, 2007, and March 1, 2007, the Planning Commission held properly noticed public hearings to consider the Master Plan Update and proposed amendments to the Research and Development Overlay District Regulations (SSFMC Chapter 20.39); and, WHEREAS, by resolution, the Planning Commission recommended the City Council approve the Master Plan Update and proposed amendments to the Research and Development Overlay District Regulations (SSFMC Chapter 20.39); and, 943704 1 -379- WHEREAS, the City Council desires to amend the Research and Development Overlay District Regulations (SSFMC Chapter 20.39); and, WHEREAS, on March 14, 2007, the City Council held a properly noticed public hearing to consider approval of the Master Plan Update and amendments to the Research and Development Overlay District Regulations (SSFMC Chapter 20.39). NOW THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION 1. AMENDMENTS The City Council hereby amends Chapter 39 of Title 20 of the South San Francisco Municipal Code, as follows (deleted text in strikethrough; added text in double underline): Chapter 20.39 RESEARCH AND DEVELOPMENT OVERLAY DISTRICT REGULATIONS 20.39.010 Short title. This chapter may be referred to as the R and D Overlay District Regulations. This district may be referred to as the Rand D Overlay District. (Ord. 1162 S 1 (part), 1995) 20.39.020 Purpose. This chapter establishes the Research and Development Overlay District (R and D Overlay District), prescribes regulations for reclassifying properties to and from this district and establishes development standards and requirements within the district. The R and D Overlay District is intended to enhance planning and design principles for research and development facilities. In addition to the general provisions described in Chapter 20.04 and the purposes of the underlying zoning district, the specific purposes of the R and D Overlay District include the following: (a) To create a framework defining a facility-wide architectural character, a system of open space elements and a pedestrian and vehicular circulation plan linking buildings and uses together in a flexible, logical and orderly manner for each R and D Overlay District; (b) To increase the flexibility of the city's land use regulations and the speed of its review procedures to reflect the quickly changing needs of research and development focused corporations; (c) To establish facility-wide design guidelines and development standards to produce an attractive, coherent and efficient environment; (d) To establish facility-wide development capacities consistent with the city's general plan, including any area plans, existing conditions, and growth and development projections submitted as part of a reclassification for a particular property; (e) To establish procedures to define a baseline of existing conditions for each lot to be reclassified to an R and D Overlay District with regard to those items and obligations identified in Section 20.39.040(b)(3) at the time the lot is reclassified so that the city may use this data to reestablish the baseline in the event that the lot is removed from the R and D Overlay District classification. (Ord. 1162 S 1 (part), 1995) 943704 1 -380- 20.39.030 Defmitions. The following definitions shall be supplementary to those contained in Chapter 20.06 of this code: (a) "Facility" means all lots of record and their structures owned or leased by a single entity and engaged in research and development and associated activities, which are reclassified such that the uniform regulations and requirements covered by the R and D Overlay District apply. (b) ''Facility master plan" means a long-range plan which provides guidance for the growth and development of a public or private facility. (Ord. 1162 S 1 (part), 1995) 20.39.040 Overlay district designation. (a) Application. Rand D Overlay Districts are established consisting of all lands so reclassified on the Zoning Map of the city. All regulations, development standards and requirements shall be those set forth in the underlying zoning district, and other rules and regulations of this code, except as provided by this chapter. (b) Reclassification. Reclassification to and/or removal oflots from an R and D Overlay District may be considered pursuant to the provisions of Chapter 20.87 and the following: (1) Minimum Area. Reclassification to the R and D Overlay District may be considered only for one or more lot(s) totaling twenty acres or more. (2) Required Signatures. The petition for reclassification to or removal from the R and D Overlay District must be signed by the sponsor of the .Facility Master Plan and the property owner(s). (3) Documentation of Existing Conditions. Applications for reclassification to an R and D Overlay District shall be accompanied by documentation that establishes the condition of each individual lot to be reclassified. The documentation shall include, but is not limited to: (A) Lot area; (B) Building height; (C) Building setbacks; CD) Building floor area; (E) Landscaping area; (F) Parking spaces; (G) Off-street loading areas and their dimensions; (H) Land uses; and (I) Conditions in any preexisting discretionary permits or approvals issued for such lot by the city that would be superseded by the reclassification. All the information shall be provided in a form acceptable to the city's chief planner. The chief planner may waive the submittal of certain information that does not relate to the standards to be modified in the particular reclassification. (4) Facility Master Plan. (A) Application Requirements. Applications for reclassification to an R and D Overlay District shall be accompanied by a Facility Master Plan. (B) Procedure for the Review of the Facility Master Plan. Facility master plans shall be reviewed by the Planning Commission to determine: (i) That sufficient roadway, intersection and infrastructure capacity exists to accommodate facility development proposed by such Facility Master Plan; (ii) That any proposed modifications to the standards and regulations of the 943704 1 -381- underlying zoning proposed by any reclassification to the R and D Overlay District are supported by information contained in the Facility Master Plan or other documents; and (iii) As part of its review, the Planning Commission must find that the Facility Master Plan is consistent with the city's general plan and any applicable area plan, and fulfIlls the purposes of the R and D Overlay District as set forth in Section 20.39.020. (C) Use of the Facility MasterPlan. If, after review of the Facility Master Plan, the Planning Commission has made the determinations in subsection (b)(4)(B) of this section, the city may establish facility wide development standards. Such facility-wide development standards shall be incorporated in the reclassification of the facility to an R and D Overlay District. (D) Contents. The Facility Master Plan shall include, but is not limited to, the following components: (i) A description of the facility including the physical setting and the proposed activities; (ii) Growth and development projections with estimates of the facility's building areas, employment, vehicular trip generation, public infrastructure and utility needs; (iii) Transportation and parking programs to support any facility-wide parking standards; (iv) Design Guidelines. Design guidelines shall be prepared and submitted to the city both as part of the Facility Master Plan and for use by the city to evaluate facility development proposals. The guidelines shall promote quality design of the facility's buildings and grounds, promote a functional, safe and attractive environment and preserve and enhance the valuable natural and historic character of each facility. The design guidelines shall contain, but are not limited to, the following components: a. An inventory of the existing physical setting of the facility's site including: site access and entries, landforms, adjoining properties, views to and from the facility, micro- climates, vegetation, historical structures and other unique physical features and visual landmarks, b. A conceptual framework and overarching goals for the facility and sub-facility designs. These should include the establishment of guidelines for creating senses of entry into a facility and orientation within the facility in response to the components of the site inventory, c. Plans, standards and character statements of the facility's circulation systems for pedestrians and vehicles, d. Plans, standards and character statements for a hierarchical system of open spaces, activity nodes and interconnections, e. Guidelines for site planning, including guiding principles for the location and massing of buildings, open spaces with special consideration of the relationships to the architectural context of building sites, local micro-climates (wind) and useable outdoor spaces within building sites, f. Guidelines for the architectural character of structures, walls, signage, utilities and other components of the built environment, g. Guidelines for the landscaping of the facility including plant pallets, street furniture, lighting standards and street tree planting programs, h. Guidelines for the location and design of parking and loading facilities. (v.) Implementation Plan. A program shall be provided that identifies the appropriate phasing of development, including construction of public open space, parking, pedestrian and bikeway improvements, and street improvements, as identified in the Master Plan. The hnplementation Plan is important to ensure the adequacy of services and facilities required 943704 1 -382- to meet increased demand created by new development. (5) Removal from a District. (A) If a lot no longer qualifies to be included in the R and D Overlay District under the requirements contained in this Chapter, from and after the time that such lot no longer so qualifies, any new use, construction, or demolition on that lot, shall conform with the provisions of the underlying zoning district and related provisions of the Code as they existed at the time of the initial reclassification of that lot to be included in the R and D Overlay District. However, any use, building, or structure that (i) is existing or under construction at the time that a lot no longer qualifies to be included within the District and (ii) is not hazardous or dangerous to public health or safety, shall be considered a nonconforming use, building, or structure, such that the lawful existing uses of those buildings or structures at the time of removal may be continued, despite that such uses may not conform to the underlying regulations specified for the district in which such buildings or structures are located. In the event of damage or destruction, such uses, buildings, or structures may be reconstructed and restored to the same extent that they existed before the damage or destruction, provided that there maybe no expansion of the non-conformity beyond that which existed prior to the damage or destruction. (B) Any property removed from a Facility Master Plan may be removed from its R and D Overlay District upon receipt of a petition from the sponsor of the Facility Master Plan and the property owner(s). Any such petition shall be processed in accordance with Chapter 20.87. (C) If any property proposed to be removed from the R and D Overlay District would not comply with the existing development standards related to vehicular and pedestrian access, parking, or access to utility connections requirements for the district to which the property is proposed to be rezoned, as a condition to the rezoning, the property owner( s) of properties remaining in the R and D Overlay District shall grant easements or other legally enforceable property rights, to the extent required so that the property removed from the R and D Overlay District would comply with all existing development standards related to vehicular and pedestrian access, parking, or utility connections requirements for the district to which the property is proposed to be rezoned. Such agreements shall be enforceable against other adjacent properties within the R and D Overlay District as appropriate, shall be approved as to form and content by the City Attorney, and shall be properly recorded in the office of the San Mateo County Clerk. As a further condition to removal, it shall be demonstrated that the property proposed to be removed would comply with the existing development standards related to TDM for the district to which it is proposed to be rezoned. Such compliance may be demonstrated by a TDM program proposed solely for such property, or by an agreement or agreements with other property owners or service providers. Any such TDM-related agreements shall be approved as to form and content by the City Attorney, and if applicable shall be properly recorded in the office of the San Mateo County Clerk. The property owner of the property proposed to be removed from the District may, as part of the rezoning application, apply to the City for a waiver in whole or in part of these requirements and the waiver may only be approved upon a finding by the City that under the then-existing circumstances the property proposed to be removed has TDM programs, vehicular and pedestrian access, parking, and access to utility connections adequate to serve the property. (D) If any property removed from the R and D Overlay District has been developed after approval of the 2007 Ten Year Facility Master Plan ("2007 Approval"), the net new square feet of development (by use category as set forth in Section 20.40.070(h)) developed on that site after the 2007 Approval shall be deducted from the total new development capacity (by use category as set forth in Section 20.40.070(h)) that was approved as part of the 2007 Approval. (6) Reclassification Ordinance. The ordinance reclassifying a property to the R and 943704 1 -383- D Overlay District shall also create a chapter of this title establishing a statement of purpose of the district and listing any revised zoning standards and regulations applicable to a reclassifIed facility. These revised standards may include: (i) Changes from the standards of the underlying zoning district regulations; and (ii) Maximum facility development capacities, including total floor area, employee count, average daily traffic generation or peak hour traffic volumes and utility usages. ( c) Design Guidelines. (1) The facility design guidelines are subject to the review and approval of the Planning Commission. The Planning Commission may approve the facility design guidelines if it finds that such guidelines are consistent with the applicable reclassification ordinances for purposes of this chapter (as set forth in Section 20.39.020) and the criteria set forth at Section 20.39 .040(b)( 4)(D). (2) The city shall use these facility design guidelines to evaluate projects within the applicable R and D Overlay District. The facility design guidelines shall supersede any other design guidelines of more general application that have been or may be adopted by Planning Commission resolution that would otherwise apply to the reclassified properties. The facility design guidelines shall not supersede any design guidelines contained in the general plan or any applicable area plan. (Ord. 1162 S 1 (part), 1995) 20.39.050 Development standards and requirements. Except as follows, whenever a structure is enlarged or newly constructed or a new use is inaugurated in a structure, it shall comply with the development standards and requirements set forth in the underlying zoning district, and conditions of any prior city approvals. (a) Changes to Standards and Regulations. The City Council may approve changes from the underlying zoning district's standards and requirements for each R and D Overlay District. Any such changes shall be set forth in a chapter of this zoning ordinance. (b ) Facility-Wide Compliance. The ordinance adopting such changes may identify certain standards that may be met for a facility in its entirety rather than on a 10t-by-lot basis. When standards and/or regulations are to be satisfied on a facility-wide basis, it shall be the responsibility of the property owner or facility operator to maintain tables demonstrating how the facility complies with the facility-wide standards, and how each individual lot contributes to such compliance. Said tables shall be in a form acceptable to the chief planner and shall be submitted for review and approval by the Planning Commission each time a project is submitted for its discretionary approval or at least once a year as part of the Annual Report discussed in Section 20.39.080 below. ( c) Standards and Requirements That May be Changed. Development standards and requirements of the underlying zoning district including, but not limited to, building setbacks, lot coverage and floor area ratios may be amended for the properties to be reclassifIed. (1) Off-Street Parking Requirements. Off-street parking and loading requirements may be established based on a parking demand study, consistent with general plan and any applicable area plan policies. (2) Floor Area Ratio. The maximum floor area ratio (FAR) may be exceeded, consistent with general plan and any applicable area plan policies. (Ord. 1162 S 1 (part), 1995) 20.39.060 Permit Review. Development review of proj ects within R and D Overlay Districts shall be in accordance with all provisions of this title. (a) Design Review Procedure. The following procedures shall apply to design 943704 1 -384- review for projects subject to subsections (b) and (c) of this section. Except where the chief planner finds that a proposed project does not require design review, the procedures contained in Chapter 20.85 are not limited or changed by this chapter. The standards and guidelines to be used during the design review procedure for R and D Overlay District projects are: (1) Those contained in the general plan and any applicable area plan; and (2) Those contained in any relevant Planning Commission resolution, except where superseding facility design guidelines have been adopted pursuant to Section 20.39.040(c). (b) Administrative Review. The following projects are not subject to discretionary review under this title except those projects determined by the chief planner to potentially have a significant adverse environmental impact or which are not consistent with the design guidelines or the purposes of the Rand D Overlay District. The chiefplanner's decision to approve or disapprove a project under this subsection may be appealed to the Planning Commission pursuant to Chapter 20.90. (l) Additions to existing buildings where only one such addition to such building occurs within a twelve-month period, and where the addition is limited to the lesser of: (a) ten thousand square feet in area; or (b) twenty percent of the existing gross floor area of the building, measured as of the date the specific project application is submitted; (2) Accessory structures and above grade utility systems equal to or less than five hundred square feet in area; (3) Interior building modifications which involve changing the use of less than thirty percent of a building's gross floor area; (4) Changes in the use of existing buildings where both the prior and proposed use are defined in the underlying zoning district as permitted uses; (5) Minor site improvements, including, but not limited to: landscape amenities, small at-grade open parking lots of less than fifty parking spaces and minor above grade utility systems to service existing buildings. Minor site improvements under this section shall also be subject to the square footage limitations contained in subsection (b)(1) of this section; and (6) Replacement, relocation or reconstruction of parking lots or spaces which does not result in a parking capacity increase. (c) Minor Use Permits. The following projects are subject to the review and approval of a minor use permit by the city's chief planner. The chief planner may approve, approve with conditions or deny approval of such projects. (1) Procedure. The chief planner' s review of minor use permits shall comply with the procedures established in Chapter 20.81. (2) Appeal. The chief planner's actions may be appealed to the Planning Commission by direction ofthe Planning Commission or pursuant to procedures set forth in Chapter 20.90. (3) Project Subject to Minor Use Permits. (A) Addition(s) to an existing building where only one such addition to such building occurs within a twelve-month period, and where the addition is limited to between ten thousand and thirty thousand square feet (but not to exceed thirty percent of the existing gross floor area of the building, measured as of the date the specific project application is submitted). In the event that the total of such additions exceeds thirty percent of the floor area existing at the time of the fIrst request for expansion, the chief planner shall notify the Planning Commission of the proj ect approval within four days of the approval. (B) Accessory structures and above grade utility systems of between five hundred one and fIve thousand square feet. (C) Small, at-grade parking lots of fifty-one to one hundred fifty parking spaces. 943704 1 -385- (D) materials. Temporary uses, such as trailers, parking facilities, storage of construction (4) Required Findings. The chief planner's decision to issue a minor use permit shall be based on all of the following findings: (A) The proposed use will not be adverse to the public health, safety or general welfare of the community, nor be detrimental to surrounding properties or improvements. (B) The use is consistent with the city's general plan and any applicable area plan. (C) The proposed use complies with all applicable standards and requirements of this title. (D) The use complies with the Rand D Overlay District's facility design guidelines (Ord. 121799 1,2, 1998; Ord. 11629 1 (part), 1995). (d) Conditional Use Permits. All other proiects shall be subiect to conditional use permits. Required findings shall be those identified in 20.39.060(c)(4). above. 20.39.070 Effect of pre-existing approvals. Notwithstanding any other provision of this chapter, all pre-existing zoning requirements and conditions of approval for any building or use within a Facility Master Plan area shall continue in effect except where modified by the reclassification ordinance or facility design guidelines adopted hereunder. (Ord. 1162 9 1 (part), 1995) 20.39.080 Annual Report. (a) Upon approval of a reclassification ordinance, the sponsor of the applicable Facility Master Plan shall thereafter submit an annual status report ("Annual Report") for review by the Planning Commission. The Annual Report shall include, as appropriate, the status of facility-wide improvements, progress in completing the required tasks and benchmarks described in the Implementation Plan, anticipated new construction or renovation projects, an update on transportation and parking needs, an update on mobile vendor (employee amenity) activities on the Genentech campus, an update of the facility-wide Transportation Demand Management (TDM) program, an update on the security program, projected changes in the facility usage and requirements, advance notice of any proposed changes to the facility-wide development standards or design guidelines, and notice of any changes that have been made to the Facility Master Plan since the most recent Annual Report. (Ord. 1162 S 1 (part), 1995) (b) Upon approval of a reclassification ordinance, the sponsor of the applicable Facility Master Plan shall submit a triennial Transportation Demand Management summary report ("TDM report") for review by the Planning Commission. The TDM report shall include documentation of the effectiveness of achieving the goal of the alternative mode usage and trip reduction by facility employees. 943704 1 -386- SECTION 2. SEVERABILITY If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 3. PUBLICATION AND EFFECTWE DATE This Ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. * * * * * Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the day of, , 2007 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this day of ,2007. Richard A. Garbarino, Mayor 943704 1 -387- ORDlNANCE NO. AN ORDINANCE AMENDING TITLE 20, CHAPTER 40 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO REVISE DEVELOPMENT STANDARDS, lNCLUDlNG OFF-STREET P ARKlNG REQUIREMENTS, GROWTH AND DEVELOPMEl\TT PROJECTIONS, AND OPEN SP ACE AND PUBLIC P ARKlNG STANDARDS, AS \\TELL AS CLARIFY IMP ACT FEES TO BE PAID WHEREAS, Genentech, Inc. has submitted a request to the City of South San Francisco to approve the II Genentech Facilities Ten Year Master Plan Update" ("Master Plan Update") including an implementation plan and transportation demand management plan, as well as reclassify ten parcels, totaling approximately 36 acres in the Planned Industrial Zoning District to the Genentech Research & Development Overlay District; and, WHEREAS, a Final Master Environmental Impact Report (FMEIR), which includes both the Draft Master Environmental Impact Report (DMEIR) and the recirculated, Partially Revised Draft Master Environmental Impact Report (pRDMEIR), has been prepared for the project to address the anticipated environmental effects of the project; and, WHEREAS, by resolution dated March 14, 2007, the City Council of the City of South San Francisco certified the FMEIR, including required findings regarding impacts, mitigation measures, and alternatives, as well as a statement of overriding considerations for those significant and unavoidable impacts, and a Mitigation Monitoring and Reporting Program (1v[MRP); and, WHEREAS, certain amendments to the Genentech Research and Development Overlay District, contained in South San Francisco Municipal Code (SSFMC), Title 20, Chapter 40, are necessary to provide for updated development standards and fees for the Genentech Master Plan Update; and, WHEREAS, amendments as proposed to the Genentech Research and Development Overlay District (SSFMC Chapter 20.40) will allow for development of the Master Plan Update, revise development standard and requirements to better address off-street parking concerns, growth and development proj ections, open space standards, public parking spaces and locations, pedestrian connection standards, and shuttle stop standards, as well as transportation demand management and impact fees; and, WHEREAS, on February 1, 2007, February 15, 2007, and March 1, 2007, the Planning Commission held properly noticed public hearings to consider the Master Plan Update and proposed amendments to the Genentech Research and Development Overlay District (SSFMC Chapter 20.40); and, 943962 -389- WHEREAS, by resolution, the Planning Commission recommended the City Council approve the Master Plan Update and proposed amendments to the Genentech Research and Development Overlay District (SSFMC Chapter 20.40); and, WHEREAS, the City Council desires to amend the Genentech Research and Development Overlay District (SSFMC Chapter 20.40); and, WHEREAS, on March 14, 2007, the City Council held a properly noticed public hearing to consider approval of the Master Plan Update and amendments to the Genentech Research and Development Overlay District (SSFMC Chapter 20.40). NOW THEREFORE, the City Council of the City of South San Francisco does ORDAIN as follows: SECTION 1. AMENDMENTS The City Council hereby amends Chapter 40 of Title 20 of the South San Francisco Municipal Code, as follows (deleted text in strikethrough; added text in double underline): Chapter 20.40 GENENTECH RESEARCH AND DEVELOPMENT OVERLAY DISTRICT 20.40.010 Short title. This chapter may be referred to as the Genentech Rand D Overlay District Regulations. This district may be referred to as the Genentech R and D Overlay District. (Ord. 1163 ~ 2 (part), 1995) 20.40.020 Purpose. This chapter establishes the Genentech Research and Development Overlay District (Genentech Rand D Overlay District) and prescribes planning and design principles for facility- wide development in accordance with the Genentech Facilities Ten-Year Master Plan Update as defined in Section 20.40.030. In addition to the general provisions described in Sections 20.40.030 and 20.39.020, the specific purposes of the Genentech R and D Overlay District are as follows: (a) To establish a facility-wide architectural character, a system of open space elements and a pedestrian and vehicular circulation plan linking buildings and uses together in a flexible, logical and orderly manner for the Genentech facility; (b) To increase the flexibility of the city's land use regulations and the speed of its review procedures to reflect the quickly changing needs of a research and development focused corporation; (c) To establish facility-wide development standards and design guidelines consistent with the city's general plan and the East of 101 Area plan; (d) To define a baseline of existing conditions for each lot reclassified to the Genentech Rand D Overlay District. (Ord. 1163 S 2 (part), 1995) 20.40.030 Deimitions As used in this chapter: 943962 1 -390- "Genentech facility" means all lots of record and their structures owned or leased by Genentech and reclassified such that the uniform regulations and requirements covered by the Genentech R and D Overlay District apply. "Genentech Facilities Ten-Year Master Plan Update" means the long-range plan for guidance for the growth and development of the Genentech facility which was submitted to and reviewed by the Planning Commission and City Council in accordance with Section 20.39.040(b)(4) as part of the application for reclassification of the Genentech properties to the Genentech R and D Overlay District. (Ord. 1163 9 2 (part), 1995) 20.40.040 Overlay district designation. (a) Application. The Genentech R and D Overlay District is established consisting of all lands so reclassified on the Zoning Map ofthe city to P-I/GR & D. (b) Reclassification. Additional reclassification to and/or removal oflots from the Genentech R and D Overlay District may be considered pursuant to the provisions of Chapters 20.39 and 20.87. (Ord. 1163 S 2 (part), 1995) 20.40.050 Permit review. Development review ofprojects within the Genentech Rand D Overlay District shall be in accordance with all applicable provisions of this title, including Chapter 20.39. (Ord. 1163 92 (part), 1995) 20.40.060 Design review. Design review of projects within the Genentech R and D Overlay District shall be in accordance with the provisions of this title, including Chapter 20.39 and any facility design guidelines adopted by the Planning Commission pursuant to Chapter 20.39. 040( c). (Ord. 1163 9 2 (part), 1995) 20.40.070 Development standards and requirements. Development standards and requirements are established in accordance with Chapter 20.39. Projects shall comply with the development standards and requirements set forth in the underlying zoning district, and conditions of prior city approvals as provided in Chapter 20.39, except for the following: (a) Application of Development Standards and Requirements. Development standards to be applied on a facility-wide basis to the Genentech R and D Overlay District include the following: (1) Lot coverage; (2) Floor area ratio; (3) Off-street parking and loading requirements; (4) Building height; (5) Landscape buffering; (6) Growth and development projections; (7) Facility-wide open space standards; (8) Public parking spaces and locations; (9) Pedestrian connection standards; (10) Shuttle stop standards; (11) Signs; and (12) Displays. (b) Lot Coverage. The maximum lot coverage is established as sixty percent of the 943962 1 -391- total area of the lots within the Genentech R and D Overlay District. (c) Floor Area Ratio. The maximum floor area ratio (FAR) is established as 1.0 of the total area of the lots within the Genentech R and D Overlay District. (d) Off-Street Parking Requirements. Off-street parking requirements are established within the Genentech R and D Overlay District at the ratio of the specific number of spaces identified on the following table per 1,000 square feet of gross floor area for each building type, Off Street Parking Building Type Office Lab Mfg/Other Warehouse Number of Required Spaces Per 2.75 1.40 0.90 0.50 1,000 sf of Gross Floor Area For purposes ofthis determination, office buildings are defined as those for which fifty percent or greater floor area is devoted to business, financial, or other administrative uses. For office buildings meeting this definition, a rate of2.75 parking spaces per 1,000 square feet shall apply. The city shall review these ratios every year in the Annual Report, to determine whether they continue to adequately reflect parking needs at the Genentech facility. The Planning Commission may adjust the ratios to adequately reflect parking needs following the Annual Report review. (e) Off-Street Loading Requirements. Off-street loading requirements are established at a rate of one loading space per one hundred thousand square feet of gross floor area for all buildings within th~ Gf'nentech R and D Overlay District. (f) Building Height. The maximum building height is established at one hundred fIfty feet above the average finished grade as measured on the perimeter of the subj ect building within the Genentech R and D Overlay District. The maximum building height shall also be restricted to maximum limits permissible under Federal Aviation Regulations Part 77. (g) Parking Lot Landscape Buffering. A landscaped parking lot buffer strip not less than six feet wide shall be required only for properties within the Genentech R and D Overlay District that are located along a public street frontage or adjacent to properties not within the Genentech R and D Overlay District. (h) Growth and Development Projections. Consistent with the projections analyzed in the Master Environmental Impact Report for Genentech Corporate Facilities Research and Development Overlay District Expansion and Master Plan Update, development for the Genentech Facility shall be limited to the following through the year 2016: N ei2:hborhood Acres Office Lab Manu Ancillary Total Lower Campus 55.1 290,000 880,000 395,000 60,000 1,625,000 West Campus 36.9 430,000 0 200,000 107,000 737,000 Mid Campus 23.8 135,000 680,000 0 95,000 910,000 Upper Campus 46.4 1,327,000 0 0 60,000 1,387,000 Subtotal 162.2 2 182000 1 560 000 595 000 322000 4-/159000 Expansion 37.8 450,000 440,000 451,000 0 1,341,000 Master Plan 2,632,000 2,000,000 1,046,000 322,000 6,000,000 Total Source: Genentech Facilities Ten-Year Master Plan Update, Table 2.3-3, Total Projected 2016 Distribution of Development bvNeighborhood. 943962 1 -392- These fIgures represent the maximum allowable development for the Genentech Facility through the year 2016, as identified in the Genentech Facilities Ten-Year Master Plan Update. Any such development is subject to obtaining the required development permits and approvals and the existence of adequate infrastructure capacity. Any greater level of development would require, at a minimum, additional area-wide environmental review, an amendment to the South San Francisco General Plan, and an amendment to the zoning ordinance. (i) Handicap Parking Requirement. Handicap parking requirements consistent with the California Accessibility Regulation and the Federal "Americans with Disabilities Act" (ADA) standards, must be incorporated as a facility-wide standard. (j) Wheel Stops. The requirement to install wheel stops set forth in Section 20.74.11 O(b) shall not apply in the Genentech Research and Development Overlay District. (Ord. 1291 S 1 Exh. B, 2001; Ord. 1217 SS 4, 5, 1998; Ord. 1163 S 2 (part), 1995) (k) Facility-Wide Open Space Standards. The facility-wide open space standards are those established by the 2006 Genentech Facilities Ten-Year Master Plan Update, Section 3.6 "Open Space," identified in Figure 3.6-1. (1) Public Parking Spaces and Locations. The public parking spaces and locations standards are established by the 2006 Genentech Facilities Ten-Year Master Plan Update, Chapter 4, "Transportation and Parking," identified in Figure (m) Pedestrian Connection Standards. The pedestrian connection standards are established by the 2006 Genentech Facilities Ten-Year Master Plan Update, Section 3.4, "Pedestrian Connections," identified in Figure 3 .4-1. (n) Shuttle Stop Standards. The shuttle stop standards are established by the 2006 Genentech Facilities Ten-Year Master Plan Update, Section 3.1, "Shuttle Stops." 20.40.080 Annual development review. Development activity shall be reviewed at least once a year by the Planning Commission. Genentech shall submit an Annual Report as provided by Section 20.39.080. (Ord. 1163 S 2 (part), 1995) 20.40.090 Transportation demand management. Genentech shall continue to comply with the city transportation demand management (TDM) ordinance, Chapter 18.04 of this code, and any revisions thereto, and will provide a triennial report on the effectiveness of achieving the goal of alternative mode usage and, as part of the Annual Report provided for in Section 20.39.080(b), an update on compliance with the TDM ordinance. (Ord. 1163 S 2 (part), 1995) 20.40.100 Fees. (a) Contributions to the Oyster Point Interchange. Genentech shall continue to contribute to the Oyster Point Interchange, in accordance with the existing requirements of the Oyster Point Contribution Formula, established by Resolution 71-84. These requirements shall apply to all discretionary land use approvals, including minor use permits and use permits issued pursuant to Chapter 20.39, and approvals pursuant to administrative review under Section 20.39.060(b) where additional vehicle trips will be generated. (b) Contributions to the Capital Improvement Program. Genentech shall continue to contribute its fair share toward the costs of capital improvement projects that support Genentech's development activity, in accordance with the financing policies established in the 943962 1 -393- East of 101 Area Plan. (Ord. 1163 S 2 (part), 1995) (c) East of 101 Traffic Fee. Genentech shall contribute to East of 101 traffic improvements in accordance with the existing requirements of the East of 101 Traffic Fee contribution formula established by Resolution 101-2005, or as that Resolution may be amended, This requirement shall apply to all discretionary land use approvals, including administrative approvals, minor use permits and use permits issues pursuant to Section 20.39.060. (d) East of 101 Sewer Fee. Genentech shall contribute to East of 101 sewer improvements in accordance with the existing requirements of the East of 101 Sewer Fee contribution formula established by Resolution 97-2002, or as that resolution may be amended. This requirement shall apply to all discretionary land use approvals, including administrative approvals, minor use permits and use permits issues pursuant to Section 20.39.060. ( e) Childcare Fee. Genentech shall contribute to childcare in accordance with the existing requirements of the Childcare Fee contribution formula established by South San Francisco Municipal Code Chapter 20.115. Such contributions maybe in the form of childcare facility construction, fees, or a combination of both facility construction and fees, consistent with Section 20.115.060. This requirement shall apply to all discretionary land use approvals, including administrative approvals, minor use permits and use permits issues pursuant to Section 20.39.060. SECTION 2. SEVERABILITY If any provision of this Ordinance or the application thereofto any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 3. PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. * * * * * Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the day of, , 2007 by the following vote: AYES: NOES: 943962 1 -394- ABSTAIN: ABSENT: ATTEST: City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this _ day of , 2007. Richard A. Garbarino, Mayor 943962 1 -395- ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF SOUTH SAN FRANCISCO ZONING MAP TO CHANGE THE LAND USE DESIGNA nON OF TEN PARCELS TOTALING APPROXIMA TEL Y 36 ACRES AND LOCATED AT 560 FORBES BOULEVARD, 342, 410, AND 444 ALLERTON A VENUE, 400-428/448 AND 425 GRANDVIEW DRIVE AND 345 EAST GRAND A VENUE, FROM THE PLANNED INDUSTRIAL (P-I) ZONING DISTRICT TO THE GENENTECH RESEARCH AND DEVELOPMENT OVERLAY DISTRICT WHEREAS, in conjunction with their application for approval of the Genentech Facilities Ten Year Master Plan Update, Genentech, Inc. has requested reclassification of ten parcels totaling approximately 36 acres and located at 560 Forbes Boulevard. 342, 410, and 444 Allerton Avenue, 400-428/448 and 425 Grandview Drive and 345 East Grand Avenue, from the Planned Industrial Zoning District to the Genentech Research & Development Overlay District, as further described in Exhibit A; and, WHEREAS, the reclassification will not change the land use classification, approved uses or increase the approved density in the East of 1 01 Area over that analyzed in the South San Francisco General Plan Environmental Impact Report; and, WHEREAS, the City of South San Francisco Planning Commission held duly noticed study sessions on September 7,2006, September 21,2006, October 5, 2006, and October 19,2006; and, WHEREAS, the City of South San Francisco Planning Commission held duly noticed public hearings on February 1, 2007, February 15, 2007, and March 1,2007; and, WHEREAS, the Planning Commission found that the above described rezoning will ensure internal consistency in the General Plan; and, WHEREAS, the above described rezoning will ensure internal consistency in the General Plan; and, WHEREAS, as required by the "Administrative Procedure" (SSFMC Section 20.87) and the "Research & Development Overlay District Regulations" (SSFMC Section 20.39.040 (B) (ill), the following findings are made in support of the rezoning, based on the entire record for the Genentech Master Plan, which includes, without limitation, the City of South San Francisco General Plan adopted in 1999 and environmental documents supporting the General Plan; the Genentech Master Plan Update initial study and Master Plan Update environmental impact report, including the recirculated Chapter 4.7; comments received on the draft environmental impact report; all proposed site plans, floor plans and elevations submitted in connection with the Genentech Master Plan Update; the Design Review Board meeting of October 17, 2006; Planning Commission meetings, including minutes, staff reports, and consultant reports, of February 1, 2007, February 15, 2007, and March 1,2007; City Council meeting, including minutes, staffreports and consultant reports, of March 14,2007: a) The proposed project is consistent with the City's General Plan which designates this site for Business and Technology Park Use. The proposed reclassification of ten parcels located in the Planned Industrial Zone District to Genentech Research & Development Overlay District is consistent with this designation; b) The project is consistent with the "Research and Development Overlay District" provisions (SSFMC Sections 20.39.040 and 20.39.050) in the City's Zoning Ordinance, which states that the requirements for reclassification to and/or removal of lots from the R&D Overlay District may be considered pursuant to Chapter 20.87 and include minimum area, required signatures, documentation of existing conditions, facility master plan, and procedure for review of the facility master plan; c) The proposed reclassification of ten parcels located in the Planned Industrial Zone District to Genentech Research & Development Overlay District meets all standards of the "Genentech Research and Development Overlay District" (SSFMC Chapter 20.40). The project complies with the Purpose, Definitions, Design Review, and the Development Standards and requirements of the Genentech Research and Development Overlay District. WHEREAS, the City has prepared a Final Master Environmental Impact Report (FMEIR) in accordance with the California Environmental Quality Act (CEQA), Pub. Resources Code ~~ 21000, et seq.; and, WHEREAS, the Planning Commission took public testimony and considered the information contained in the staff report, orally presented by City staff and, based on the entirety of the record before it, recommended certification of the FMEIR; and, WHEREAS, the City of South San Francisco Planning Commission held a duly noticed public hearings on February 1, 2007, February 15, 2007, and March 1, 2007 on the adequacy of the proposed amendments to the Zoning Map and recommended approval of same. NOW THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION 1. AMENDMENTS Based on the entirety of the record before it, and pursuant to the incorporation of the above-stated recitals and findings, the City Council hereby amends the City of South San Francisco Zoning Map for reclassification of ten parcels totaling approximately 36 acres and located at 560 Forbes Boulevard, 342, 410, and 444 Allerton Avenue, 400-428/448 and 425 Grandview Drive and 345 East Grand A venue, by changing the zoning designation from the Planned Industrial Zoning District to the Genentech Research & Development Overlay District. SECTION 2. SEVERABILITY 947322_1 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of this ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 3. PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. * * * * * * Introduced and adopted at a regular meeting of the City Council of the City of South San Francisco, held the _ day of . 2007. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the _ day of . 2007 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Sylvia Payne City Clerk City of South San Francisco As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this day of ,2007. Richard A. Garbarino, Mayor 947322_1 EXHIBIT A Modifications to the Zoning Map February 2007 Modify the Zoning Map to reclassify ten parcels in the Planned Industrial Zoning District, into the Genentech R&D Overlay District boundary established in Chapter 20.40 "Genentech Research and Development Overlay District Regulations, Overlay district designation." 947322_1 ~'t\t 81# & ~ . ~\t.\ o 0 >-0 C;; ';::l C') u 0 C' \~ 4lIFOlt~ Staff Report AGENDA ITEM # 4 DATE: March 28,2007 TO: The Honorable Mayor and City Council FROM: Marty VanDuyn, Assistant City Manager SUBJECT: ACCEPTANCE OF THE OYSTER POINT HOOK RAMP WETLAND MITIGATION PLANTING PROJECT RECOMMENDATION: It is recommended that the City Council, by motion, accept the Oyster Point Hook Ramp Wetland Mitigation Planting Project, as complete in accordance with the plans and specifications. BACKGROUND/DISCUSSION: The project is located on Bayshore Boulevard from Sister Cities Boulevard to the City of Brisbane city limits. The construction proj ect involves the creation of new wetlands, restoration and enhancement of existing wetlands, weed removal within the wetlands area, and providing for wetlands planting, minor site grading, hydro-seeding and erosion control. This project was a requirement of the City's permit from the Army Corp of Engineers (ACOE) for the Oyster Point Hook Ramp proj ect. Given the impacts to existing wetlands, ACOE required mitigation of the wetlands with a 3 to 1 ratio. Wetlands Research Association (WRA) is the wetland consultant responsible for the design, Staff opened bids on November 18, 2005 and two (2) bids were received. The South San Francisco City Council awarded the construction contract to the lowest bidder Shelterbelt Builders, Inc. Below is the summary of the bids: Engineers Estimate (Per WRA Consultants): $32,000,00 Bids: Shelterbelt Builders, Inc. of Berkeley, CA Ecological Concerns, Inc. of Santa Cruz, CA $35,924.10 $50,394.00 Staff Report Subject: ACCEPTANCE OF THE OYSTER POINT HOOK RAMP WETLAND MITIGATION PLANTING PROJECT: Page 2 of2 FUNDING This project was included in the City's 2006 -2007 Capital Improvement Program as part ofthe US 101 Off-Ramp/Oyster Point Hook Ramp project. Shown below is a summary of the actual cost incurred for the project: Construction Approved Change Order No.1 Actual Construction Cost $35,924.10 $ 9,000.00 $44,924,lO Change order No, 1 consisted of additional work needed for watering and maintenance of the plants, weeding and cleaning of unwanted vegetation at the site to insure proper plant establishment and growth for a period of one year after installation. CONCLUSION The project was inspected by City Staff and completed in accordance with the plans and specifications. The project has a one-year warranty period, which takes effect upon acceptance by the City Council. Staffwill fIle a Notice of Completion and release the payment performance bonds and retention funds at the end of the thirty-day lien period. BY:~ Marty VanDuyn Assistant City Manager ........ Approved b RR/RD/RC Attachments: Location Map . .-;'. , . LOCATION MAP .... '.. . . N'Ol TO SCALE c.,,, ~ \ ~ (J') .. .' ... ,. ..()" ", . , . . .. -I' - . . ... . ~.'C,... . .~ 1'7"'" . , 'n;t. ~.. -... ':" .: -. C/) - --I m: S )>, -0', ", . ',- _.. I - ~'t\t 5:1# ~b~\ ~ - ~\j,.\ o ('l. >< ......\ t=. ~I v 0 ~l~~~ Staff Re:gort AGENDA ITEM # 5 DATE: March 28, 2007 TO: Honorable Mayor and City Council FROM: Marty VanDuyn, Assistant City Manager SUBJECT: 2006 - 2007 STREET RESURFACING AND STREET DIG-OUTS PROJECT: ENGINEERING FILE NO. 51-13231-0701, PROJECT NO. ST-07-2, BID NO. 244 RECOMMENDATION It is recommended that the City Council, by motion, accept the 2006 - 2007 Street Resurfacing and Dig-outs project as complete in accordance with the plans and specifications. BACKGROUNDIDISCUSSION The project consisted of the construction of asphalt concrete pavement surface and dig-outs work on various streets within the City. The construction project involved full width pavement grinding, wedge grinding, asphalt pavement dig-outs, installation of new asphalt concrete surfacing, new pavement striping and markings, and raising the utility manhole and monument covers to grade. On July 27,2006 and August 3, 2006, staff advertised the notice to invite sealed bids for the project. Staff opened bids on August 10, 2006 and four (4) bids were received. The South San Francisco City Council awarded the construction contract to the lowest bidder G. Bortolotto and Co., Inc. Below is the summary of the bids: Engineer's Estimate: Bids: G. Bortolotto and Co" Inc. of San Carlos O'Grady Paving, Inc. of Mountain View Interstate Grading & Paving, Inc, of South San Francisco C.F. Archibald Paving, Inc. of Redwood City $1,209,475.00 $1,180,292,39 $1,226,389,00 $1,429,199.25 $1,454,664.50 This proj ect is the second phase of various streets to receive new asphalt concrete surfacing as stated in the Capital Improvement Program. Below is a list of streets that received the asphalt concrete overlay treatment and the asphalt pavement dig-outs treatment. Staff Report Subject: 2006 - 2007 STREET RESURFACING AND STREET DIG-OUTS PROJECTS: Page 2 of3 Change orders were issued to the contractor to perform additional asphalt dig-outs and overlay work on the following streets: · Evergreen Drive (Crestwood Drive - Momingside Ave.) . Crestwood Drive (Evergreen Dr - Dellbrook Ave,) . Sutton Drive (Dunman Way - Longford Ave) . Dunman Way (Sutton Ave - Longford Dr.) . Terminal Court (Produce Ave - End of cuI-de sac) . South Airport Boulevard (at Gateway Blvd intersection) FUNDING Shown below is the cost breakdown for the project budget: G. Bortolotto & Co., Inc, Bid Amount Add 10% Contingency Total Project Budget Cost $1,180,292.39 $ 118,000.00 $1,298,292.39 This project was included in the City of South San Francisco's 2006 - 2007 Capital Improvement Program. SuffIcient Gas tax and Measure A funds in the amount of$1,298,292.39 were budgeted to cover the costs. The actual construction cost for the project was $1,193,516.78 and the summary is attached. Shown below is the actual construction cost breakdown of the project: G. Bortolotto & Co., Inc. Bid Amount Add Change Orders 1 through 3 Actual Construction Cost $1,148,763.82 $ 44,752.96 $1,193,516.78 CONCLUSION The project installed a new asphalt pavement surface providing smoother driving, less vehicle emissions due to continuous flow of traffIc, reduced vehicle damage due to uneven pavement surface and potholes, increased service life ofthe street, and a reduction in major street maintenance for an extended period of time. The project came in under the Engineer's estimate. The project was inspected by City Staff and completed in accordance with the plans and specifIcations. The project has a one year warranty period, which takes effect upon acceptance by the City Council. Staff will fIle a Notice of Completion and release the payment performance bond and retention funds at the end of the thirty day lien period. 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I ~ U e G.l .... - U) >< -.i " 1ii E :;; W >- lU a.. _I c: " E .c: u lU '" q: ~ c: lU I q: U ~I N (') o "- 9 N ~ o ~ ~ In tl " "0 a: ~ 9 I "CI i5 '-' ~ ~'t\\ S:1N ri~'-~ \11/,- ~~'\ ~ . ~\i.\ o ~ ~~\ l;j ~I v 0 ~4l~<;\~ Staff Report AGENDA ITEM # 6 DATE: TO: FROM: SUBJECT: March 28, 2007 Honorable Mayor and City Council Marty VanDuyn, Assistant City Manager 2006-2007 STREETS SLURRY SEAL AND CAPE SEAL PROJECT, ENGINEERING FILE NO. 51-13231-0703, PROJECT NO. ST-07-3, BID NO. 2450 (RE-BID) RECOMMENDATION It is recommended that the City Council adopt a resolution awarding the construction contract ofthe 2006 - 2007 Streets Slurry Seal and Cape Seal Project, Project No. ST -07-3, Bid No. 2450 (Re-bid) to Bond Blacktop, Inc. of Union City, CA in the amount of $506,190.35. BACKGROUND/DISCUSSION This project is the third phase of the asphalt emulsifIed chip seal and asphalt slurry seal street surfacing program as stated in the Capital Improvement Program (CIP). The construction project involves removal of weeds and vegetation on the street surface, installation of crack sealant to seal all cracks on the street, installation of chip seal where required, application of asphalt slurry seal, and installation of pavement striping and markings. (The list of streets that will receive the asphalt cape seal and the asphalt slurry seal treatments are listed in Attachment A). On February 5, 2007 and on February 15,2007, staff advertised the "notice inviting sealed bids" for this project. Staff opened bids on March 6, 2007 and six (6) bids were received. The low bidder is Bond Blacktop, Inc. of Union City. Below is the summary of the base bids: Engineer's Estimate: Bids: Bond Blacktop, Inc.ofUnion City California Pavement Maintenance of Sacramento International Surfacing Systems of Modesto American Asphalt Surfacing, Co. of Hayward Graham Contractors, Inc. of San Jose Intermountain Slurry Seal ofWatsonville $670,218.00 $506,190.35 $635,027.46 $649,622.60 $712,653.85 $741,687.60 $747,747.00 Staff Report Subject: 2006 - 2007 STREETS SLURRY SEAL AND CAPE SEAL PROJECT Page 2 of 2 Since 2001, the City has been using "black" rock aggregate on all slurry seal projects in conformance with the City's standard specifications. The use of the black aggregate has resulted in the new pavement retaining its appearance for a longer period of time and providing a contrast with the pavement markings, especially during the rainy season. The streets that have received this type of treatment still retained their color and appearance after six (6) plus years. FUNDING Shown below is the cost breakdown for the project budget: Bond Blacktop, Inc. Bid Amount Quality Control & Materials Testing (Signet Testing Labs) Modification to the Emulsified Asphalt to Scrub/P ASS (New AC Emulsion Product being used by other Cities) Add Contingency (10% of Bid Amount) Add Construction Administration Total Project Budget Cost $506,190.35 $ 39,000.00 $ 55,450.00 $ 50,600.00 $ 35,000.00 $686,240.35 The project is included in the City of South San Francisco's 2006 -2007 CIP. SuffIcient Gas Tax and Measure A funds were budgeted to cover the proj ect costs. CONCLUSION Approval ofthis proj ect will allow the installation of cape seal and slurry seal to various streets in the City providing increased service life of the street, reduction in major street maintenance for an extended period of time, retaining new pavement appearance for a longer period oftime, providing for better drivability, and guide the staff in evaluating and monitoring the pavement condition. By: Marty VanDuyn Assistant City Manage: -..., APProVed~ '{J . Nagel City Manager RR/RD/RC Attachment: Resolution Bid Summary Attachment A - Slurry Seal & Cape Seal Street List RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AWARDING A CONSTRUCTION CONTRACT FOR 2006-2007 STREETS SLURRY SEAL AND CAPE SEAL PROJECT TO BOND BLACKTOP, INe., FOR THE AMOUNT OF $506,190.35. WHEREAS, on February 5, 2007 and February 15, 2007, staff advertised the notice to invite sealed bids for the project; and WHEREAS, on March 6, 2007, staff opened bids and six were received, and the lowest bidder was Bond Blacktop, Inc. of Union City fOf the amount of$506,190.35; and WHEREAS, staff recommends that the City Council award the construction contract to Bond Blacktop, Inc. of Union City, in an amount not to exceed $506,190.35; and WHEREAS, sufficient gas tax and Measure A funds are available for this project and are reflected in the City's 2006-2007 Capital Improvement Budget; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby awards the construction contract for the 2006-2007 Streets Slurry Seal and Cape Seal Project to Bond Blacktop, Inc. in the amount of$506,190.35. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the contract on behalf of the City of South San Francisco. * * * * * I hereby certify that the fOfegoing Resolution was regularly introduced and adopted by the City Council of the City of South San Ffancisco at a meeting held on the day of , 2007 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk 951312 1 .. f'-. We f-e ~N o - (.9(0 z:c -0 zc:: W~ c..:2 o o co c m I w ~ ...JI-O ~()It) ww~ CI) -, . >00 c::C::Z c::c..c 3~m Cl)W ,...CI)M ow"':' oc..9 N~f- '()CI) ID 0 . :SzO N~Z I- () W -, o c:: c.. o o C/) G z ~z LLO z- ~~ C/);::: :cO f-(.9 :)z ~~ W LLW OZ >-- f-(.9 -z OW ~< .5 U ~.s .. '" = .. 1Zl~ Q ~:::E 03 ~ :g 8 t ~ .... '" = .... ....00 -5 .... = II> .... e = = .. .. e ... II> = ~1Zl =.... ~ Q = J~ '= u .. .. ~ ~ -; = u ~ .... = '; :::E = Q '= ;;;; .... Q ~< ....u ci:. ~ QC S=U ... = 6:i ~ = Q = .. -= e ;::: '" >ool '" -.. .. II> = '6il = >ool ]C ="-= e ; --= = ~o .... 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Cil iii E :;; w ~ Cl <:: W "0 <:: $ ~ OJ E E ::l en "0 iii ~ (") o r- 9 (") ~ o ~ ~ II) ti CI) '0' C: ~ Y :i - 5 ... .... ... 'C = '-'" 'C = r-- Attachment A Page 1 of 4 ENGINEERING DIVISION STREET LISTING CITY OF SOUTH SAN FRANCISCO JANUARY 31,2007 (REVISED) 2006 - 2007 STREETS SLURRY SEAL AND CAPE SEAL PROJECT BID NO. 2450 (RE-BID) ", '.ft. Item No. Street Name Bel!inninl! Endinl! " Lenl!tb I~ Area (SF), , Treatment Susbine Gardens Area 1 Edgewood Way Evergreen Ave. End 310 33 10,230 Cape Seal 2 Edgewood Way Seqouia Ave End 425 33 14,025 Cape Seal 3 Westview Dr. Holly Miller Ave 1,255 31 38,905 Cape Seal 4 Heather Way Miller Ave. Crestwood Dr. 1,180 33 38,940 Cape Seal 5 Gardenside Ave Baywood Ave. Miller 865 33 28,545 Cape Seal 6 Gardenside Ave Crestwood Ave Morningside Ave 840 33 27,720 Cape Seal 7 FerndaIe Ave. Baywood Ave. Morningside 2,645 33 87,285 Cape Seal 245,650 Old Town and Downtown Area 8 Magnolia Ave. Palm Ave Miller Ave 1,210 31 37,510 Cape Seal 9 Magnolia Ave. Grand Miller Ave 630 32 20,160 Cape Seal 10 Magnolia Ave. Grand Ave. Baden 295 32 9,440 Cape Seal 11 ' Tamarack Ln Walnut Ave Linden Ave 1,195 18 21,510 Cape Seal 12 Tamarack Ln Walnut Ave Spruce Ave 490 18 8,820 Cape ,Seal 13 Tamarack Ln Linden Ave ' I Cypress Ave 470 18 8,460 Cane Seal 14 2nd Ln Chestnut Ave Orange Ave 2,100 19 39,900 :tape Seal 15 Spruce Ave Miller Ave Park Wy 880 ~38 33,440 Cape Seal l 179;240 Hazelwood, Southwood & Francisco Areas 16 Toyon Ave Cherry Ave Mulberry 640 28 17,920 Cape Seal 17 Cherry Ave Mayfair Ave Myrtle Ave 1,105 28 30,940 Cape Seal 18 Sycamore Ave Toyon Ave Mayfair Ave 685 '28 I 19~80 Cape Seal " .. .. .... 19 Northwood Dr Conmuir Dr Hazelwood Dr 3,310 27 89,370 Capdleai .. 157,410 Winston Manor Area 22 Wicklow Dr Clay Ave Dundee Dr 1,420 31 44,020 Cane Seal 23 Adrian Ave Longford Dr Dundee Dr 1,086 31 33,666 Cane Seal 24 Buxton Ave Longford Dr Dundee Dr 865 31 26,815 Cape Seal 25 Calvert Dr Arlington Dr Gravstone Dr 1,100 31 34,100 Cape Seal 26 Graystone Dr Bradford Dr Duval Dr 595 31 18,445 Cape Seal 157,046 H:\CITY PROJECTS\CAPE_SLURRY PROJECTS\06 0807_ Streets Master Ust_CS and SS Listing (CSG).xls PAGE 1 OF 2 Attachment A Page 2 of 4 CITY OF SOUTH SAN FRANCISCO ENGINEERING DIVISION 2006 - 2007 STREETS SLURRY SEAL AND CAPE SEAL PROJECTS BID NO, 2450 (RE-BID) JANUARY 31, 2007 (REVISED) SLURRY SEAL - STREETS LISTING - lli!!!. Street Name Bee:innine: Endine: Lenlrth Width .&!!.. Treatment No. fSE).. Avalon Area ,. 35 Alpine Ct. Alta Vista End ]20 59 7,080 Slurry Seal 36 Dianne Ct, Conmur St. End 220 48 10,560 Slurry Seal 37 Alta Vista Dr Valverde Dr Conmuir Dr .,. 1,090 39 -14+,510 Slurry Seal 38 Conmuir Dr Granada Dr Northwood Dr 775' 38 ~9,450 Slurry Seal - 39 Seville Way Chateau Ct. Seville Way (End) 285 33 9,405 Slurry Seal 40 Seville Way Chateau Ct, Avalon Dr 735 37 27,195 Slurry Seal 126,200 TOTAL 778,882 ,.... , E. ~ >r ., .... '.\..' .~ :, " ~ -' H:\CITY PROJECT5\5T-07-3\06 0807_ Streets Master Lisl~C5 and 55 Listing (C5G).xls\5HEET 2 PAGE 2 OF 2 Attachment A Page 3 of 4 CITY OF SOUTH SAN FRANCISCO ENGINEERING DIVISION 2006 - 2007 STREETS SLURRY SEAL AND CAPE SEAL PROJECTS BID NO. 2450 (RE-BID) JANUARY 31, 2007 (REVISED) SLURRY SEAL - STREETS LISTING - .' lli!!!. Street Name Beginning Ending Length Width Area Treatment No. (SF) Sushine Gardens Area 1 Estate Willow End 417 33 13,761 Slurry Seal 2 Sunnyside Drive Holly Ave Forestview Ave 510 33 16,830 Slurry Seal ..n 3 Emerald P Suunyside Dr End 315 27 8,505 Slurry Seal -" . ' I ~ \i .,'.. 39,096 - .. - '. -- Old Town and Downtown Area 4 Maple Lux Spruce 1,778 34 60,452 Slurry Seal 5 Olive School St. California 1,815 32 58,080 Slurry Seal 6 North Spruce Randolph , Hillside 1,095 37 40,515 Slurry Seal 7 Damonte '. North Spruce , Damonte 240 55 13,200 Slurry Seal 8 Leo eir North Spruce End 495 43 21,285 Slurry Seal 9 Lincoln , Hillside Larch 405 33 13,365 Slurry Seal ..., 10 Belmont Hillside Randolph 730 27 19,710 Slurry Seal 226,607 Hazelwood, Southwood & Francisco Areas 11 Hillcrest Ct. West Orange Ave End 185 35 6,475 Slurry Seal 12 Fairway Southwood West Orange 1,150 27 31,050 Slurry Seal 37,525 Burl-Burl Area 13 Berenda Escanyo Arroyo 670 31 20,770 Slurry Seal 14 Carmel 0 Bonita El Campo 860 27 23,220 Slurry Seal 15 Hermosa Camaritas, Alta Lorna 515 27 13,905 Slurry Seal 16 Erica Arroyo Casey 380 31 11,780 Slurry Seal 69,675 Westborough Area 17 Bassett Ct. Greendale Dr. End 550 31 17,050 Slurry Seal 18 Pomeroy Ct, Palos Verdes Way End 415 31 12,865 Slurry Seal 19 Athy Dr. Kilconway Lane End of Street 1,330 27 35,910 Slurry Seal 20 Unwin Ct. Galway Dr. End of Street 430 31 13,330 Slurry Seal 21 Tyrone Ct. Callan Blvd, End 495 27 13,365 Slurry Seal 22 Crofton Way Greendale North End - City Limits 470 31 14,570 Slurry Seal 23 Gellert Ct. r, '. Shanno;n Dr. Gellert Ct. 375 33 12,375 Slurry Seal 24 Dublin Ct. , Dublin Dr. ~ Dublin Ct, 120 32 3,840 Slurry Seal ..~ ' 25 Appian Way Valley View Way '. Valley View Way 1,136 33 37,488 Slurry Seal 26 Shamrock Ct, Carter Dr, End of Street 390 27 10,530 Slurry Seal 27 Wright Ct. Galway Dr. End of Street 365 31 11,315 Slurry Seal Callan Blvd. End .. 480 12,960 Slurry Seal 28 Famee Ct 27 29 Erris Ct. (Duhallow Wy) East End West End 555 27 14,985 Slurry Seal 30 Barrington Ct. Gellert Blvd. Barrington Ct. 363 27 9,801 Slurry Seal 31 Downey Ct. Gellert Blvd, Downey Ct, 295 28 8,260 Slurry Seal 32 Sean Ct, Carter Dr. End of Street. 280 31 8,680 Slurry Seal 33 Kilconway Lane Athy Dr. Carter Dr. 380 34 12,920 Slurry Seal 34 Galway PI Westborough BJ Shannon Dr 895 33 29,535 Slurry Seal 279,779 H:\CITY PROJECTS\ST -07-3\060807_ Streets Master Lisl_CS and S8 listing (CSG).xls\SHEET 2 PAGE 1 OF2 . ~ - ~ II II II ;'1 \1 'I 'I 'I :1 I I : I Attachment A Page 4 of 4 ENGINEERJNG DIVISION STREET LISTING CITY OF' SOUTH SAN FRANCISCO JANUARY 31,2007 (REVISED) 2006 - 2007 STREETS SLURRY SEAL AND CAPE SEAL PROJECT BID NO. 2450 (RE-BID) Item No. Street Name ~, Bef!inninf! Endinf! Lenl!th Width Area (SF') Treatment '" ' t ~ :,; .'"'.... " " I " Buri-Buri Area 27 Casey Dr Arroyo D~ Escanyo Dr 605 31 18,755 Cape Seal 28 Tunitas Ln E1 C~po End 340 34 1'1,560 Cape Seal 29 Arbor Dr': Newman Dr Southcliff Ave 830 31 25,730 Cape Seal 30 Kipling Ave Conrad Ct Newman Dr 995 37 36,815 Cape Seal 31 Soutb.cliff Ave April Ave West End 1,740 31 53,940 Cape Seal 146,800 Westborough Area 32 Geddes Ct GreendaIe Dr End 555 31 ' 17,205 Cape Seal Palos Verdes Way Greendale Dr. Greendale Dr. South 1,055 37 39,035, Cape Seal 33 North 34 Annapolis Ct. Roundtree Way End of Road 400 31 12,400 Cape Seal 35 Donegal Ave. Dublin Tipperary Ave 2,150 33 70,950 Cape Seal 36 Fairfax Wy Greendale Dr Greendale Dr. 1,140 33 37,620 Cape Seal 37 Fairfax Wy Greenda1e Dr End 480 31 14,880 Cape Seal 38 Tipperary Ave, Dublin Dr. Ulster Way 1,325 33 43,725 Cape Seal 39 Tipperary Ave, Ulster way Wexford Ave 1,650 36 59,400 Cape Seal 40 Crofton Way Greendale South End 540 31 16,740 Cape Seal 41 Leix Way Carter Dr. Callan Blvd. 886 33 29,238 Cape Seal 42 Cork Pi. Leix Way End of Street. 400 27 10,800 Cape Seal 43 Ulster Way Tipperary Ave. Donegal Ave. 220 33 7,260 Cape Seal 44 Burren Way Donegal Ave Wexford Ave 225 33 7,425 Cape Seal 45 Orrey Way Shannon Dr Tipperary Ave 215 33 7,095 Cape Seal ;,1 " I\.: . " 373,773 -", .' CAPE SEAL 1,259,919 TOTAL AREA (SF) H:\CITY PROJECTS\CAPE_SLURRY PROJECTS\06 OB07 _ Streets Master Ust_CS and SS Listing (CSG).xls PAGE 2 OF 2 - ~'t~ sM ~g o'l~~ Staff Report AGENDA ITEM # 7 DATE: March 28,2007 TO: The Honorable Mayor and City Council FROM: Steven T. Mattas, City Attorney SUBJECT: TERRABAY PERFORMING ARTS FACILITY OPERATING AGREEMENT RECOMMENDATION: The City Council Subcommittee on the Terrabay Performing Arts Facility recommends that the City Council adopt the attached resolution approving an Interim Operating Agreement for the Facility and authorizing the City Manager and City Attorney to execute the agreement. BACKGROUND/DISCUSSION: On October 11,2006, the City Council adopted Resolution 82-2006, approving amendments to the Terrabay Specific Plan and a 2006 Terrabay Phase III-Only Precise Plan ("2006 Project"), which revised an approved Precise Plan for development of Phase III of the Project Property previously approved in 2000 ("2000 Project") to allow, among other things, the construction of two offIce towers instead of one. The Terrabay Specific Plan and conditions of approval for the 2000 Project required the Developer to include within the Project Property a performing arts facility for the use of the City and the public ("Performing Arts Facility"). The conditions of approval for the 2006 Project maintained and refined the Performing Arts Facility requirement. Condition of Approval A.16 of Resolution 82-2006 required the following regarding the Performing Arts Facility: "An 'operating agreement' between the City and the Developer and his successors and assigns for the use of the Performing Arts Facility shall be executed prior to issuance of any building or grading permits for any phase of the 2006 Project. The operating agreement at a minimum shall stipulate that the facility is for use by the City, civic groups and performing arts groups free of charge. Square footages of uses such as stage, seating and storage shall be stipulated in the agreement. The hours and days the facility shall be available to the aforementioned groups shall also be stipulated in the agreement." Condition of Approval Al7 of Resolution 82-2006 required the following regarding the Performing Arts Facility: "A minimum of eight dedicated theatre lights and a dedicated theatre control booth as well as a theatre sound system shall be provided in the performing arts facility for exclusive use of the performing arts and civic groups as stipulated in the operating agreement. The performing arts facility shall be developed in consideration of acoustical performance. The seating shall be flexible and the chairs shall be a minimum of a three (3) hour comfort rating." Staff Report Subject: Terrabay Performing Arts Facility Operating Agreement Page 2 Myers Peninsula Venture, LLC ("Developer") has submitted an application for a grading permit to begin development of the first office tower approved as part of the 2006 Project. The City and Developer have been negotiating in good faith the terms of the operating agreement required by Conditions of Approval Al6 and A.l 7 but have not reached a final agreement on some operational and other details. Execution of the operating agreement is a precondition of issuance of the grading permit. The Subcommittee on the Terrabay Performing Arts Facility suggested the possibility of an agreement with the Developer to allow for processing of the grading permit prior to completion of negotiations on all of the details required by Conditions of Approval A.16 and A17. The attached Interim Operating Agreement would make it possible for the City to process the grading permit application that the Developer has submitted, subject to the conditions and limitations set forth in the Agreement. Under the terms of the Interim Operating Agreement, a final operating agreement and the construction and operation of the Performing Arts Facility are required for the 2006 Project. The Final Operating Agreement would address in detail all of the requirements of, contain all of the information listed in, and ensure construction of a Performing Arts Facility that satisfies the description provided in Conditions of Approval Al6 and A17. The Final Operating Agreement would have to be executed by December 31, 2007. The Developer would be required to submit complete plans for the Performing Arts Facility with the construction plans for the fIrst tower. Finally, the 2006 Project would be required to satisfy the Terrabay Specific Plan's requirement that the Performing Arts Facility be constructed. CONCLUSION: The Council Subcommittee on the Terrabay Performing Arts Facility has proposed this approach and recommends adoption of the attached resolution and approval of the Interim Operating Agreement. By: t 1) ~teven T. Mattas ! City Attorney Enclosure: Resolution Agreement RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLlJTION AUTHORIZING THE CITY MANAGER TO EXECUTE All\J INTERIM PERFORMING ARTS FACILITY OPERATING AGREEMENT vv1TH MYERS PENINSULi\. VENTURE, LLC WHEREAS, On October II, 2006, the City Council of the City of South San Francisco adopted Resolution 82-2006, approving amendments to the Terrabay Specific Plan and a 2006 Terrabay Phase III-Only Precise Plan ("2006 Project"), which revised an approved Precise Plan for development of Phase III of the Project Property previously approved in 2000 ("2000 Project") to allow, among other things, the construction of two office towers instead of one. The Terrabay SpecifIc Plan and conditions of approval for the 2000 Project required the Developer to include within the Project Property a performing arts facility for the use of the City and the public ("Performing Arts Facility"). The conditions of approval for the 2006 Project maintained and refined the Performing Arts Facility requirement; and WHEREAS, Condition of Approval A.16 of Resolution 82-2006 required the following regarding the Performing Arts Facility: "An 'operating agreement' between the City and the Developer and his successors and assigns for the use of the Performing Arts Facility shall be executed prior to issuance of any building or grading permits for any phase of the 2006 Project. The operating agreement at a minimum shall stipulate that the facility is for use by the City, civic groups and performing arts groups free of charge. Square footages of uses such as stage, seating and storage shall be stipulated in the agreement. The hours and days the facility shall be available to the aforementioned groups shall also be stipulated in the agreement;" and WHEREAS, Condition of Approval A.17 of Resolution 82-2006 required the following regarding the Performing Arts Facility: "A minimum of eight dedicated theatre lights and a dedicated theatre control booth as well as a theatre sound system shall be provided in the performing arts facility for exclusive use of the performing arts and civic groups as stipulated in the operating agreement. The performing arts facility shall be developed in consideration of acoustical performance. The seating shall be flexible and the chairs shall be a minimum of a three (3) hour comfort rating;" and WHEREAS, Myers Peninsula Venture, LLC ("Developer") has submitted an application for a grading permit to begin development of the first office tower approved as part ofthe 2006 Project. The City and Developer have been negotiating in good faith the terms of the operating agreement required by Conditions of Approval A.l6 and A.I7 but have not reached a final agreement on some operational and other details. Execution of the operating agreement is a precondition of issuance of the grading permit. At the recommendation of the City Council Subcommittee on the Terrabay Performing Arts Facility, an Interim Operating Agreement ("Agreement"), attached as Exhibit A, has been prepared to allow processing of the grading permit application for the first tower approved as part of the 2006 Project, subject to the conditions and limitations set forth in the Agreement; and WHEREAS, under the terms of the Interim Operating Agreement, a fInal operating agreement and the construction and operation of the Performing Arts Facility would be required for the 2006 Project. The City's approval of the Agreement specifically requires the execution of a final operating agreement for the Performing Arts Facility, which must meet all ofthe requirements of, contain all of the information listed in, and ensure construction of a Performing Arts Facility that satisfies the description provided in Conditions of Approval Al6 and AI7 ("Final Operating Agreement"). The Agreement would be recorded against the Project Property to ensure satisfaction of all requirements; and WHEREAS, the City Council has reviewed the Agreement and determined that it satisfies the terms of Conditions of Approval AI6 and Al 7 and ensures that all of the requirements related to the Performing Arts Facility will be met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes the Interim Performing Arts Facility Operating Agreement between the City of South San Francisco and Myers Peninsula Venture, LLC. The Council's approval and determination that the Agreement satisfies Conditions of Approval A.16 and AI7 is expressly conditioned upon the requirement that the City and Developer execute the Final Operating Agreement. BE IT FURTHER RESOLVED that the City Manager and the City Attorney are hereby authorized and directed to execute the Agreement on behalf of the City of South San Francisco. * * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the _ day of , 20_ by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk RECORDING REQUESTED BY: City of South San Francisco WHEN RECORDED MAIL TO: Department of Economic and Community Development 400 Grand Avenue P.O. Box 711 South San Francisco, CA 94083 Documentary Transfer Tax $ EXEMPT County of San Mateo City of South San Francisco IZI INTERIM PERFORMING ARTS FACILITY OPERATING AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND MYERS PENINSULA VENTURE, LLC This Interim Performing Arts Facility Operating Agreement ("Agreement") is entered into this _day of , 2007 ("Effective Date"), by and between the City of South San Francisco ("City"), and Myers Peninsula V entun:~, LLC, a Delaware limited liability company ("Developer"), as conditional satisfaction of conditions of approval of the development of the real property described in Exhibit A attached hereto (the "Project Property"). City and Developer are sometimes hereafter referred to individually as a "Party" and collectively as "Parties." RECIT ALS A. On October 11, 2006, the City Council of the City of South San Francisco adopted Resolution 82-2006, approving amendments to the Terrabay SpecifIc Plan and a 2006 Terrabay Phase III-Only Precise Plan ("2006 Project"), which revised an approved Precise Plan for development of Phase III of the Project Property previously approved in 2000 ("2000 Project") to allow, among other things, the construction of two office towers instead of one. The Terrabay Specific Plan and conditions of approval for the 2000 Project required the Developer to include within the Project Property a performing arts facility for the use of the City and the public ("Performing Arts Facility"). The conditions of approval for the 2006 Project maintained and refined the Performing Arts Facility requirement. B. Condition of ApprovaI A.16 of Resolution 82-2006 required the following regarding the Performing Arts Facility: "An 'operating agreement' between the City and the Developer and his successors and assigns for the use of the Performing Arts Facility shall be executed prior to issuance of any building or grading permits for any phase of the 2006 Project. The operating agreement at a minimum shall stipulate that the facility is for use of the City, civic groups and performing arts groups free of charge. Square footages of uses such as stage, seating Interim Performing Arts Facility Operating Agreement Between the City of South San Francisco and Myers Peninsula Venture LLC March_,2007 Page 1 of 5 and storage shall be stipulated in the agreement. The hours and days the facility shall be available to the aforementioned groups shall also be stipulated in the agreement." C. Condition of Approval AI7 of Resolution 82-2006 required the following regarding the Performing Arts Facility: "A minimum of eight dedicated theatre lights and a dedicated theatre control booth as well as a theatre sound system shall be provided in the performing arts facility for exclusive use of the performing arts and civic groups as stipulated in the operating agreement. The performing arts facility shall be developed in consideration of acoustical performance. The seating shall be flexible and the chairs shall be a minimum of a three (3) hour comfort rating." D. Developer has submitted an application for a grading permit for the Project Property to begin development of the 2006 Project ("Grading Permit"). City and Developer have been negotiating in good faith the terms of the operating agreement required by Conditions of Approval A.16 and A.I7 but have not reached a final agreement on some operational and other details. Execution of the operating agreement is a precondition of issuance of the grading permit. City is willing to allow processing of a grading permit application for the fIrst tower approved as part of the 2006 Project, subject to the conditions and limitations set forth in this Agreement. E, This Interim Operating Agreement, a fInal operating agreement, and the construction and operation of the Performing Arts Facility are required for the 2006 Project. The City's approval of this Agreement specifIcally requires the execution of final operating agreement for the Performing Arts Fadlity and the construction and operation of the Performing Arts Facility. This Agreement shall be recorded against the Project Property. NOW THEREFORE, the City and the Developer agree as follows: AGREEMENT 1. The foregoing Recitals are true and correct and made a part of this Agreement. 2. This Agreement shall satisfy the requirements of Conditions of Approval A.I6 and A17. The Parties understand and agree that the execution of a Final Operating Agreement, as defined below, is an express condition ofthis Agreement and necessary for the City Council's determination that this Agreement has satisfied Conditions of Approval A.I6 and A.l 7. Neither this Agreement nor the Final Operating Agreement shall affect Developer's obligation, under the Terrabay Specific Plan (including but not limited to pages 1-44 and II-16) and Condition of Approval A.22 of Resolution 82-2006, to complete construction of the Performing Arts Facility prior to the issuance of a Certificate of Occupancy for the first tower constructed as part of the 2006 Project. 3. Subsequent to the Effective Date, City shall process Developer's application for the Grading Permit, as provided for in the South San Francisco Municipal Code and reviewing for consistency with the Terrabay Specific Plan and the approvals for the 2006 Project. Interim Performing Arts Facility Operating Agreement Between the City of South San Francisco and Myers Peninsula Venture LLC March , 2007 Page 2 of 5 4. City and Developer shall execute a Final Operating Agreement, as defined below, for the Performing Arts Center prior to December 31, 2007. In the event that the Parties do not execute a Final Operating Agreement by December 31, 2007, this agreement shall continue in effect, and Developer shall be obligated to construct and operate the Performing Arts Facility consistent with this Agreement, the Terrabay Specific Plan (including but not limited to pages 1- 44 and II-16, including the diagram on the latter), and the plans for the Performing Arts Facility included as part ofthe Precise Plan approved by Resolution 82-2006, as they have been and may be administratively amended. 5. The Final Operating Agreement shall meet all of the requirements of, contain all of the information listed in, and ensure construction of a Performing Arts Facility that satisfies the description provided in Conditions of Approval A.16 and A.l7, as set forth in full in Recitals Band C above ("Final Operating Agreement"). 6. In its plans for construction of the first office tower approved as part of the 2006 Project, Developer shall include all plcms and information necessary for construction of the Performing Arts Center, including but not limited to all furnishings and fixtures described in Conditions of Approval A.16 and A.l?, as set forth in full in Recitals Band C above. 7. (a) The Parties anticipate that the Final Operating Agreement will reserve the Performing Arts Facility for all of the following: (1) four Staged Performances per year; in addition to the four Staged Performances, (2) one evening each month for City-sponsored events and (3) one weekend day each month {from 8 a.m. to 5 p.m.) for City-sponsored events. The Parties further anticipate that the City will have priority in the selection of the reserved dates. (b) For the purposes of this Agreement, "Staged Performances" means live performances on stage from 5 p.m. through 11 p.m. on Thursday, Friday and Saturday evenings and from noon through 4 p.m. for Saturday matinees. As part of Staged Performances, the Facility will be available for rehearsals on stage for up to three weeks in advance of each performance on non-holiday weekday evenings from 5 p.m. to 10 p.m., and such other times as may be reasonably available. 8, This Agreement shall run with the Project Property and shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. This Agreement shall be recorded on the Project Property prior to the issuance of a grading permit for the Project Property. 9. The Final Operating Agreement shall supersede this Agreement, run with the Project Property, be binding upon and inure to the benefit of the Parties and their respective successors and assigns, and be recorded on the Project Property. 10. The laws ofthe State of California shall govern this Agreement. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California or in the United States District Court for the Northern District of California, Interim Performing Arts Facility Operating Agreement Between the City of South San Francisco and Myers Peninsula Venture LLC March _' 2007 Page 3 of5 ll. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. 12. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 13. Any notice or demand shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below: Developer: Myers Peninsula Venture, LLC 101 Second Street, Suite 555 San Francisco, CA 94105 Attn: Jack E. Myers City: City of South San Francisco - City Clerk 400 Grand Avenue South San Francisco, CA 94080 Either Party may change its address by written notice to the other Party. [SIGNATURES ON FOLLOWING PAGE] Interim Performing Arts Facility Operating Agreement Between the City of South San Francisco and Myers Peninsula Venture LLC March _, 2007 Page 4 of 5 IN WITNESS THEREOF, the parties have executed this Agreement as of the Effective Date. DEVELOPER: CITY: Myers Peninsula Venture, LLC a Delaware limited liability company CITY OF SOUTH SAN FRANCISCO By: J Myers Company, LLC a Delaware limited liability company Its managing member Barry Nagel, City Manager By: Myers Peninsula Company, LLC a Delaware limited liability company Its sole member APPROVED AS TO FORM: By: Myers Terrabay Company I, LLC Delaware limited liability company, Its managing member Steven T. Matias, City Attorney By: Jack E. Myers: Its manager Interim Performing Arts Facility Operating Agreement Between the City of South San Francisco and Myers Peninsula Venture LLC March _, 2007 Page 5 of 5 Exhibit A Legal Description That certain real property situated in the County of San Mateo, City of South San Francisco, State of California, and described as follows: Parcels 1 and 2, as shown on the Map entitled, "Parcel Map 01-020, being a resubdivision of a portion of Lot D as said lot is shown on that certain map entitled 'Terrabay Phase III - Mandalay Point' fIled for record on November 18, 2002 in Book 132 of Maps at pages 49 through 53, a portion of Lot 395 as said lot is shown on that certain map entitled 'Terrabay' filed for record on July 2, 1990 and all of adjusted Lot 396 as described in that certain Lot Line Adjustment No. 25, recorded March 3, 2002 as Document No, 2002-043342, San Mateo County Records, City of South San Francisco, San Mateo County California" which Parcel Map was filed for record on the 19th day of May, 2006 in Book 76 of Parcel Maps, at pages 94-95, and which Parcel Map was amended by that certain CertifIcate of Correction recorded October 23, 2006 as Document Number 2006-159188, OffIcial Records, San Mateo County Records, State of California, APN: 007-650-100 007-650-110 007-650-120 007-650-140 007-650-150 JPN: 121-065-000-395 T (Ptn) 121-065-000-396 T (Ptn) 121-065-000-402 T (Ptn) 132-049-000-74 T (Ptn) Exhibit A to Interim Perfomling Arts Facility Operating Agreement Between the City of South San Francisco and Myers Peninsula Venture LLC March_,2007 Page 1 of 1 STATE OF CALIFORNIA ss. COUNTY OF SAN FRANCISCO On ,2007 before me, , Notary Public, personally appeared , personally known to me to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public My Commission Expires: AGENDA ITEM # 8 PUBLIC HEARING 8. Consideration of City's housing and community development needs for the one year action plan; review proposed activities requesting Community Development Block Grant funding; and provide direction to staff regarding funding priorities for the 2007-08 program year (public hearing continued from February 28, 2007) PUBLIC HEARING IS BEING CONTINUED TO APRIL 11,2007