►
Description
San Bruno City Council Meeting November 10, 2020
6. Bayhill Development Agreement
A
C
C
Extension
for
what
is
commonly
referred
to
as
901
cherry
phase
2,
but
the
two
properties
have
an
address
now
and
it
is
1400
and
1450
bay
hill
drive,
and
with
that
I
will
turn
it
over
to
pamela
wolfe
and
kelly
babes.
In
addition,
you
have
myself
the
city
attorney,
the
public
works
director
and
a
number
of
other
people
within
the
community
and
economic
development
department
that
have
worked
on
this
and
that
are
here
to
answer
any
questions
that
you
may
have.
B
Emma
thank
you
javon
good
evening,
honorable
mayor
and
members
of
the
city
council.
My
name
is
pamela
wu,
I'm
the
acting
director
for
the
community
and
economic
development
department.
I
have
the
pleasure
to
present
the
item
before
you
tonight.
Next
slide.
Please
with
me
today
is
myself:
the
team
that's
been
working
on
this
item.
City
attorney,
the
outside
attorney,
edward
schaefer,
who's
representing
the
city
in
this
matter,
and
also
kelly
beck's
contract
senior
planner.
With
that
I'll
turn
the
presentation
to
kelly
to
walk
you
through
it
with
the
remainder
of
the
presentation,
kelly.
D
Good
evening,
everyone,
the
objective
of
tonight's
meeting,
is
to
consider
waiving
the
first
reading
and
introducing
an
ordinance
to
approve
the
proposed
second
amendment
to
the
existing
development
agreement
for
bay
hill
8,
which,
as
javon
mentioned,
is
the
property
at
1400
and
1450
bay,
hill
drive
and
901
cherry
avenue.
Secondly,
the
item.
D
So,
to
start
off
with
some
project
background,
I'd
just
like
to
start
with
some
very
broad
background
on
the
item.
The
item
before
you
tonight
is
an
amendment
to
a
development
agreement
so,
broadly
speaking,
a
development
agreement
is
a
voluntary
contract
between
a
local
jurisdiction
and
a
local
property
owner.
It
details
obligations
of
both
parties
and
specifies
standards
and
conditions
that
will
govern
the
development
of
the
property
it
locks
in
current
land
use
regulations
for
set
time
and
can
also
be
used
to
negotiate
benefits
for
both
sides.
D
D
D
D
D
D
The
first
amendment
the
d.a,
was
approved
on
august
9
1999,
along
with
an
architectural
review,
permit
a
planned
development
permit
amendment,
the
amended
1999
development
agreement
authorizes
the
construction
of
two
new
office
buildings.
Instead
of
just
the
one
building
two
located
here
is
a
170
885
square
foot,
three-story,
building
and
building
three
located
here
is
a
116
000
square
foot,
two-story
building
and
there's
a
parking
garage
located
partially
below
grade
there,
and
that
would
be
accessed
from
a
neutral
access
driveway
at
bay
hill
drive.
D
Google
is
requesting
this
extension
in
part
to
delays
caused
by
the
kovid
19
pandemic.
In
addition
to
other
factors,
the
second
amendment
to
the
da
also
outlines
that,
in
consideration
of
the
expiration
date
extension
and
other
items
in
the
second
amendment,
google
has
agreed
to
pay
a
total
of
4.5
million
dollars
as
a
public
benefit
payment
to
the
city's
general
fund,
and
that
would
occur
on
or
before
february.
26
2021.,
the
city
art
fee
program,
as
outlined
in
chapter
3.4,
will
apply
to
the
project.
D
Moving
on
to
the
environmental
review,
that's
been
conducted
for
the
proposed
project.
As
noted
in
the
staff
report,
two
environmental
documents
have
been
prepared
for
the
project.
The
first
is
the
1996
eir,
which
was
prepared
for
that
original
project
and
then
an
addendum
to
that
project,
which
was
prepared
for
the
revised
phase
two
project.
D
As
I've
mentioned,
the
plans
for
that
the
developer
intends
to
develop
are
consistent
with
those
approved
in
1999.
So,
therefore,
the
project,
intensity
and
land
uses
have
not
been
altered
by
the
second
amendment.
The
development
agreement,
the
city
council
is
asked
to
make
a
finding
that
no
new,
significant
or
more
severe
impacts
will
be
caused
to
require
further
environmental
analysis
and
that
finding
is
included
in
the
ordinance.
D
Moving
on
to
the
resolution,
sorry,
so
this
resolution
is
included
as
attachment
6
to
the
staff
report.
It
authorizes
the
city
manager
to
execute
an
agreement
regarding
subsurface
improvements
in
the
right-of-way.
This
agreement
will
allow
some
of
the
project's
foundation
system
components
installed
for
construction
purposes
to
remain
within
the
public,
right-of-way
and
public
easements.
D
D
D
A
E
Okay,
a
couple
years
ago,
at
august
night
out,
I
was
talking
to
councilwoman
o'connor
and
there
was
conversation
about
getting
google
and
walmart
and
youtube
and
all
these
guys
with
big,
deep
pockets
to
help
fund
a
new
library
in
san
bruno.
I
know
where
earlier
we
were
talking
about
the
beautiful
rec
center
pool
and
community
hall
being
created
and
one
of
the
competing
projects
was
a
library
and
the
discussion
turned
to
well.
Maybe
we
can
get
these
deep
pockets
to
help
us
build
a
world-class.
E
A
E
A
C
C
In
reading
the
notes,
there
were
also
conversations
at
that
time
about
asking
large
entities
in
the
community
to
help
with
that
budget
and
to
help
fund
the
effort
either
for
a
library
or
for
a
new
aquatic
and
recreation
center.
As
the
city
council
knows,
the
city
council
adopted
development
impact
fees
within
development
impact
fees.
There
are
categories
for
community
facilities,
the
library
and
the
recreation.
Our
recreation
facilities
are
within
those
development
impact
fees.
C
That's
in
the
action
tonight.
In
addition,
council
will
remember
that
in
july
of
this
year
there
was
a
study
session
with
regard
to
the
big
hill
specific
plan
and
direction
to
it
include
a
formulated
community
benefit
model
for
commercial
properties
that
is
35
per
square
foot,
several
million
dollars
of
community
benefits
that
will
come
to
this
community
once
that
plan
is
approved,
and
then
development
happens
over
the
next
five
10
15
years.
G
Great
mayor
made
in
it
mayor
medina,
had
a
little
trouble
with
that
last
name.
Sorry
about
that
happy.
Sometimes,
first
of
all
thank
everyone
for
this
report.
I
understand
this
has
taken
a
lot,
a
lot
of
effort
and
a
lot
of
hours,
and-
and
here
we
are
looking
at
entering
a
development
agreement
for
a
new,
a
new
big
building
during
a
pandemic.
G
G
A
C
Javon
brogan
city
manager,
through
the
mayor,
why
don't
we
take
those
beginning
with
the
latter
and
then
go
to
the
former?
And
so
the
last
question
was
around
the
economic
or
I'm
sorry,
the
environmental
impact
of
traffic
and
how
that
will
be
incorporated
into
future
traffic
steps,
and
so
why
don't?
C
I
turn
it
over
to
pamela
wool,
our
acting
community
and
economic
development
director
to
talk
about
the
environmental
impact
report
that
this
d.a
in
development
is
tearing
off
of
first
and
then
talk
about
how
future
traffic
analysis
will
incorporate
the
traffic
that
is
generated
by
this
project.
If
the
project
is
both
approved
and
or
developed
by
the
time,
those
subsequent
projects
happened.
B
Honorable
mayor,
so
the
project
traffic
analysis
has
been
adequately
reviewed
in
the
1999
draft
eir
the
final
eir
when
it
was
prepared
and
approved
by
council.
So
the
staff
has
also
reviewed
a
conformance
review
proposed
by
google
not
too
long
ago.
The
staff
determination
is
that
the
current
proposal
is
similar
and
substantial,
in
conformance
with
the
original
approval.
Therefore,
the
traffic
mitigation
has
been
adequately
addressed
through
a
1999
environmental
document.
B
G
Right,
I
just
was
making
sure
that,
and
I
totally
understand
how
there's
no
additional
environmental
review
needed.
I
just
wanted
to
to
hear
when
this
additional
traffic
from
this
project,
where,
where
does
that,
get
added
to
these
future
traffic
studies
and
mitigation
in
the
bay
health
specific
plan?
You
answer
my
question,
so
thank
you
for
that.
Thank
you.
C
So
I
think
it's
important
for
the
community
as
a
reminder
that
in
2019,
the
city
council
directed
staff
to
look
at
our
parking
requirements
and
amend
the
city's
parking
ordinances,
that
work
was
done
and
actually
just
before,
covet
19
and
the
shelter
in
place.
Your
very
last
regular
meeting
where
you
were
meeting
in
person,
I
think
that
was
the
last
meeting
in
february-
is
when
the
second
reading
of
those
new
parking
standards
took
place.
C
The
ordinance
provides
for
the
approval
body
to
be
the
community
and
economic
development
director
or
the
approval
body
for
the
entitlement
of
the
project
or
permit
the
dea.
That
is
before
you
clarifies
that
any
in
lieu
request
will
have
that
the
approval
will
be
the
community
and
economic
development
director.
C
With
regard
to
your
question
of
exactly
how
many
spaces
the
applicant
will
propose,
staff
does
not
know
the
answer
to
that
at
this
time,
but
they
are
allowed
to
fee
out
for
the
full
amount
under
the
city's
ordinance
that
was
passed
in
february
of
this
year,
which
is
30
of
the
parking
spaces.
Now
there
will
be
a
technical
review
of
that,
and
it's
not
a
as
we
talked
about
when
that
ordinance
was
passed.
It
is
not
a
figa
complete
it
is.
C
D
G
Okay,
mr
mayor,
so
up
to
260
parking
spaces
could
be
paid
through
the
parking
lot
fee
and-
and
I
understand
that
they
will
be
working
on
on
the
plans
and-
and
there
is
no
set
number
currently
at
this
time,
but
it
but
it
it's
anticipated
that
the
majority
of
the
parking
will
prove
will
you
will
be
provided.
Is
that
accurate.
B
C
C
What
the
city's
ordinance
allows
is
the
ability
for
the
fee
to
be
paid
into
the
city
art
fund,
and
then
there
is
a
process
outlined
in
the
municipal
code.
If
there
is
to
be
on-site,
city
of
city,
art
provided
on-site,
and
so
the
va
clarifies
that
the
developer
at
their
at
their
will
follow
our
ordinance.
A
municipal
called.
C
It
then
goes
to
the
planning
commission
for
approval
and
then
can
also
be
called
up
by
any
member
of
the
city
council
to
be
reviewed
by
the
city
council.
So
the
city
council
is,
in
effect
the
ultimate
decider
of
any
on-site
art
request
by
virtue
of
the
ability
to
call
up
a
decision
of
the
public,
art,
commission
or
the
planning
commission.
G
G
G
Got
it
it
just
would
be
interesting
that
I'll
just
say
it
that
up
up
in
that
area
or
even
better
yet
san
bruno
needs
art
throughout
our
city.
That's
readily
accessible
to
the
public,
and
I
I
hope
that
it
winds
up
being
out
out
within
the
public,
not
more
so
in
a
a
a
business
park.
It's
it's
kind
of
set
away
up
up
where
that
location
is.
But
I
look
forward
to
to
hearing
what's
gonna
happen
with
this,
but
thank
you.
Those
are.
You
have
answered
my
questions.
H
H
So
I'm
just
wondering
if
that's
something
we
can
take
out
at
this
point,
because
it
seems
like
the
only
way
that
it's
allowed
is
by
our
approval
tonight.
Pursuant
to
councilmember
medina's
comment,
we
don't
have
a
lot
of
art
in
san
bernar.
It
would
be
really
great
to
see
a
contribution
made
to
the
city
art
fund
and
go
from.
I
So
section
3.40
does
have
a
section
in
it
that
at
least
implies
that
there
might
be
art
on
a
private
property
as
opposed
to
in
in
public
spaces,
and
so
that's
in
0.070
c
1,
where
it
says
that
the
development
project
is
subject
to
planning
commission
review
and
approval
and
includes
on-site
placement
of
artwork.
So
I
guess
our
interpretation,
my
interpretation
of
code
is
that
it's
certainly
not
prohibited
by
the
code
and
it's
it's
sort
of
explicitly
mentioned
that
there
might
be
a
project
that
contemplates
the
placement
of
artwork
on
on
private
property.
I
So
it's
not
the
development
agreement
that
is
providing
that
option
really
to
them
to
the
developer.
We
think
the
developer
could
propose
it
anyway
and
just
like
in
the
va,
would
be
subject
to
the
requirements
of
the
code.
So
it
goes
to
the
culture
and
arts
commission
and
then
it
would
go
to
the
planning
commission
could
be
called
up
by
the
city
council.
So
that
is
the
public
process.
H
I
So
the
only
comment
I
would
offer
about
that
there's.
Certainly
a
policy
decision
for
the
city
council
to
be
made,
but
I
think
section
050,
which
is
entitled
program
allocation,
really
doesn't
refer
to
what
kind
of
art
or
where
the
art
is
or
whether
art
is
provided
or
in
luffy
is
provided.
What
it
refers
to
is
that
if
there
isn't
a
feed,
that's
provided
it's
here's
how
it's
allocated.
I
H
H
But
my
question
specific
to
that
is:
if
we're
talking
about
a
huge
loss
from
865
units-
and
we
can
define
huge,
however
you'd
like,
but
will
the
city
council
be
advised?
Will
there
be
some
kind
of
an
informational
session?
Will
there
be
an
item
on
the
agenda
and
I-
and
I
would
imagine
that
now
would
be
the
time
to
request
that,
because,
based
on
my
read,
it's
not
required
it's
a
it's
a
discretion.
It's
at
the
discretion
of
the.
I
believe
it's
economic
development
director.
C
What
I
would
say
is
that
our
ordinances
articulate
that
and
the
place
to
change
that
would
be
and
to
change
the
ordinance,
because
when
we
have
development
developers,
look
at
our
policies
and
our
resolutions
and
our
ordinances
that
have
been
adopted
through
public
process
and
we
typically
do
not
want
to
change
those
for
a
specific
development.
What
we
want
to
do
is
to
change
it
in
our
code
and
say
how
it
will
work
overall
for
everyone.
C
In
addition,
I
think
the
difference
between
having
a
decision
of
the
council
or
having
a
decision
that
is
provided
to
your
professional
staff
staff
is
actually
pretty
stark
and
you
can't
muddle
them
by
saying
it's
a
staff
decision,
but
before
staffs
make
makes
a
decision.
We
want
to
have
a
study
session,
so
the
council
cannot
find
it's
sort
of
either
one
or
the
other
and
that's
a
policy
decision
of
the
city
council.
C
But
if
a
decision
is
charged
with
the
professional
staff,
be
it
the
director
of
the
city
manager
or
or
any
other
staff
member
there's,
not
a
process
to
go
to
council
to
check
in
on
that
potential
decision
there,
because
then
it's
essentially
a
council
decision,
and
so,
if
you
want
to
make
that
policy
decision,
I
would
say
make
that
policy
decision
and
back
to.
The
first
comment
is
those
policy
decisions
are
best
made
when
you
adopt
your
goals
and
ordinances,
not
when
individual
projects
come
before
you.
H
So,
based
on
the
on
the
va,
it's
on
section
five,
it
does
I
mean-
and
this
is
in
the
february
report
too-
but
the
community
and
economic
development
director
has
the
authority
and
discretion
under
the
code
to
approve
the
reduction,
the
number
of
parking
spaces
on
site.
So
I'm
not
disagreeing
with
what
you
just
said
and
a
city
attorney,
and
I
spoke
before
this
meeting.
I
just
want
to
make
sure
this
conversation
is
public
for
purposes
of
obviously
the
d.a,
but
I
think
really
what
I'm
asking
is.
H
This
is
not
your
when
we,
when
this
came
to
the
council,
there
were
different
variations
of
it.
There
was
parking
requirements
that
we
wanted
waived
for
small
mom-and-pop
businesses.
There
were
a
number
of
benefits
of
the
community
that
came
with
with
this
policy
change,
and
one
of
the
concerns
was
that
parking
nowadays
costs
over
sixty
thousand
dollars
per
space
right,
depending
on
on
where
you're
building
it.
And
so,
if
you
pay
out
the
in
luffy
and
it's
in
some
someday,
the
city
needs
parking.
H
We're
gonna
have
to
pay
that
out
of
out
of
our
fund
in
some
way,
and
so,
if
there's
gonna
be
a
reduction,
that's
gonna
be
great.
It's
not
really
so
much
of
a
request
to
approve
it
that
I'm
requesting
it's
more
of
a
hey
here,
we're
getting
a
request
to
reduce
the
865
spaces
by
30,
which
would
be
quite
substantial,
and
I
want
to
be
clear
where
that
is
not
being
requested
at
this
time,
but
that
the
city
council
be
informed
that
that
request
is
being
made.
A
E
Thank
you,
mr
mayor.
I
just
wanted
to
clarify
that
that
section
is
in
the
development
agreement
amendment
regarding
the
parking
fee,
I'm
sorry
regarding
the
art
fee
to
make
sure
the
city
got
that
fee.
It
was
part
of
the
negotiation
of
this
document
where
the
property
owner
had
beliefs
that
they
were
exempt
from
some
city
fees
because
of
the
older
development
agreements
being
in
effect,
and
we
negotiated
to
make
sure
that
they
acknowledge
that
they
would
be
obligated
to
pay
the
art
fee,
how
it's
treated
later
on.
H
E
Well,
as
as,
as
the
city
attorney
said,
the
the
city
code
describes
how
it
goes
to
the
art
and
culture
commission
and
they
make
they
make
decisions.
It
may
go
to
the
planning
commission
if
there's
an
underlying
discretionary
approval
tied
to
it
and
the
city
council
has
the
authority
to
call
it
up
for
review
and
approval.
E
C
Sure
so
absolutely
I
mean
staff
totally
understands
that
this
is
a
very
significant
development
and
the
council
would
like
to
be
informed
of
a
request,
and
so
we
would
certainly,
of
course,
inform
you.
I
want
to
clarify
a
point
that
was
made
earlier,
though.
The
preliminary
plans
that
have
been
submitted
does
not
show
a
request
for
a
parking
reduction.
In
fact,
it
shows
that
they're
meeting
the
parking
reductions,
I'm
sorry
they're,
meeting
the
parking
requirements.
C
While
we
will
inform
if
there's
ever
a
request
and
approval,
what
we'll
be
controlling
is
the
da
that
council
approves,
and
so
it
will
only
be
informational.
If
council
would
like
to
retain
that
control,
then
you
would
essentially
be
investing
that
responsibility
to
the
city
council
and
that's
a
different
process
right.
But
what.
F
Thank
you
yeah.
I
had
questions
around
the
parking
waiver
as
well,
but
I
think
it
was.
It
was
pretty
well
answered
and
I
actually
I
was.
I
was
wondering
if
there
had
been
a
request
from
the
owners
in
terms
of
reducing
the
parking,
it
sounds
like
that's
not
the
case,
so
we're
just
truing
up
with
some
of
the
other
agreements
that
are
on
on
record,
so
being
that
this
original
agreement
goes
back
25
years.
F
It's
it's
great
that
we
are
able
to
salvage
as
much
of
it
as
we
have,
with
only
a
few
minor
things
and
still
manage
to
get
quite
a
bit
of
community
benefit
out
of
it.
So
I
think
that
speaks
volumes
to
our
staff
and
the
collaboration
we
have
with
with
the
owner.
So
you
know
good
job
all
the
way
around.
On
that
you
know
I
I
did
have
some
concerns
around
the
you
know
the
eir
being
as
old
as
it
is,
and
you
know
just
basically
rolling
it
forward.
F
D
F
B
F
All
right,
and
so
mike
my
concern
there
is
that
it
it
sounds
like
we're
basically
buying
off
on
responsibility
for
those
and
if
sometime
in
the
future,
we
have
to
replace
that
infrastructure
and
remove
those
nails
or
interfere
with
those
nails.
Do
then
we
assume
liability
for
any
structural
integrity
for
that
that
construction?
That
was
done
there
and
that's
that's
really.
D
Jimmy
I'm
not
sure
if,
if
you
can
answer
that
better
than
I
can,
but
my
understanding
of
the
soil
nail
agreement
is
that
basically
there's
an
area
in
between
the
depth
of
the
utilities
and
the
surface
that
there
will
be
soil
nails
placed
into
and
they
will
be
left
there
with
no
reason
to
remove
them.
And
then
the
cost
of
the
thousand
dollars
per
soil
nail
is
to
allow
the
city
to
have
the
funds
to
remove
those
soil
now,
so
that
they
could
modify
or
conduct
maintenance
on
any
infrastructure.
B
That's
correct
and,
and
then,
if
the
I
think,
custom
member
style
is
already
doing
your
question
in
regards
to
the
any
future
concerns
with
removing
the
soil
nails
to
future.
I
guess
impacts
to
the
the
walls
is
what
I'm
hearing
there.
Wouldn't
it
wouldn't
be
any
impacts?
You
know
these
soil
knows
once
the
wall
construct
wall
for
the
garage
is
constructed,
the
soil
nails
are,
I
would
say,
not
tensioned
or
any
more.
So
those
contractors
who
are
working
within
the
area
can
remove
the
slow
nails
without
any
issues.
B
F
Perfect,
okay,
I
think
that
covers
it
then,
and
then
lastly,
just
one
one
sort
of
suggestion,
so
this
packet
was
a
pretty
large
packet,
200
230,
something
pages,
and
I
noticed
that
there
was
a
large
section
in
here
that
was,
it
was
repeated.
It
was,
I
think,
something
like
80
pages
that
appeared
in
there
twice
and
I
don't
know
if
that
was
intentional
or
not.
I
know.
F
I
think
it
would
serve
two
purposes
one.
It
would
reduce
the
size
of
each
individual
package,
so
then
they're
easier
for
us
to
download
and
consume
they're
easier
for
the
public
to
download
and
consume,
and
it
also
puts
these
other
documents
out
in
a
format
where
they're
readily
available
should
we
need
to
reference
them
for
something
other
than
what's
being
discussed
currently
or
just
for
historical
reasons
that
we
need
to
go
back
and
access
those.
So
just
a
request
on
how
we
might
streamline
this
this
process.
A
Thank
you,
casey,
no
other
hands
up.
Some
of
the
questions
that
I
had
had
been
answered,
I.e,
for
example
the
eir.
I
think
that
has
now
been
addressed.
The
the
liability
aspect
was
also
a
question
of
mine,
but
I
think
vice
mayor
went
into
even
more
detail
than
than
I
had
thought,
so
I
think
I
appreciate
the
staff's
response.
A
So
what
I'm
understanding,
though
too,
is
you
know
we
have
current
process
and
an
ordinance
in
place
and
on
what's
established
and
that's
what's
before
us
tonight
is
the
d.a
and
the
resolution.
So
you
know
again
what
what
a
concern
is.
Is
that
we're
changing
and
the
art
element
of
it?
It
goes
before
culture
and
arts
commission,
which
is
appointed
by
council.
It
goes
before
the
planning
commission,
then
it
can
also
come
up
before
the
city
council.
A
So
I
think,
there's
quite
a
few
avenues
in
which
it
goes
through
to
have
that
discussed
about
the
art
and
where
it's
placed
and
what's
accepted
and-
and
I
think
the
city
manager
already
said,
we
wanted
a
notification
as
far
as
the
parking
element
which
is
not
as
it's
not
on
the
table
at
this
point,
then,
then,
therefore,
that
that
will
be
done.
So
is
there
any
without
anything
else?
There
is
action
on
the
item.