(1) Giving the Use of Public Land to a Private Developer
This is the last piece of build-able public land in Foster City, yet it is being given up to Sares Regis, a private developer
whose objective is understandably to maximize its profit.
(2) Residents Have a Need for the Public Land
Meanwhile, the Foster City residents have long term need for this public land. Some possible uses by the residents of
this public land include schools at any level, K thru 12, with adequate space, a large public plaza, a library extension, a
children's park and center or a large park (e.g. sculpture park). A facility like UC extension would work well also.
Since the city is redefining the size of both the city's living and working populations, through redevelopments, density
increases, mixed use and other parcel re-zonings, additional land for city services and amenities will be necessary.
This public land will be required to service the needs not only of the current population but the expanded population as
well.
(3) Disregard of the Results of the 2006 Survey of Residents
The City conducted a survey of the residents regarding their desire and opinion on what should be the use of this last
piece of open public land (15-acre). The responses and suggestions of the residents have been ignored. Instead,the City
officials are handing over the land to Sares Regis and Pacific Retirement Services (PRS) who plan to build a retirement
community with some retail.
The survey results was tantamount to a public vote and should have been seriously considered and respected.
(4) Rezoning of Non-Residential Area to Residential
The Master Plan of Foster City has designated the 15-acre area as a non-residential area. It was intended for public use.
However, the City Council has recently initiated the process of rezoning most of the 15-acre land to allow the building of
residential units to fit into the plans of Sares Regis and the Pacific Retirement Community to build a retirement
community.
(5) Criteria and Process in Deciding to Build a Retirement Home
How did the City Planners and City Council end up with a retirement home when the residents through the 2006 survey
expressed that other uses of the land that meet their needs? 80% of the residents wanted the land be reserved for
educational purposes.
What was the process involved and criteria to arrive at the decision and select Sares Regis?
(6) Details of the Agreement with Sares and Regis and Pacific Retirement Community.
Details of the agreement should be made public as the terms evolve. There was a six-month blackout on information
while Sares Regis and Pacific Retirerment Services held closed-door negotiations with the City Staff.
The most recent negotiations, based on the Dec 17, 2007 City Council business terms list, ended up with over $5 million
dollars in concessions to the developers and larger buildings with less assisted living and memory care units.
The citizens are not well informed nor provided sufficient time to study the concessions. For instance, the citizens who
signed up with the City's List Serve were notified of the Mirabella concessions only days before the City Council's public
hearing and vote. The citizens had the Fourth of July holiday to read the 220-page staff report prepared for the July 7
voting.
(7) Conflict of Interest
Some city officials who have worked extensively on the Mirabella Project have recently revealed conflicts of interest.
For example, some city officials have reservations for luxury units at the Mirabella.
(8) Safety Issues of the Mirabella for Seniors
There are safety issues and concerns regarding Seniors living in high-rise towers in a land-fill area. Note that Foster City
is built over bay mud and tidal marshes of San Francisco Bay.
Thus, there are inherent risks involved in residing within high-rise towers in this type of soil in a region naturally prone to
earthquakes. This risk is particularly acute for seniors, who may have greater difficulty and lesser flexibility in
responding to emergencies and calamities.
(9) Does not Blend with Its Surroundings
Mirabella will tower over surrounding residential homes and buildings and will not blend with the adjacent area. It will
destroy the beauty of Foster City. Since the 15-acrea land is at the heart of the city, whatever is built in that piece of
land will represent the essence of our community - - residential towers is not the way we want our city to be defined nor
be represented.
The Metro Towers may be used as a comparison to rationalize the Mirabella Towers. However, it is not an appropriate
comparison. The Metro Towers was initially built before the surrounding structures were later built around it to blend with it.
Moreover, it is far from the residential area and is in the commercial section of Foster City.
(10) Some open questions:
What additional concessions and rights will be given to Sares and Regis before this is over?
When will the long-term financial risks the Economic Research Associate (ERA), the city's fiscal analysis consultants,
be addressed?
What are the financial agreements, downside risks, upside gains and contractual obligations of all the parties including
Sares Regis, Pacific Retirement Services, the Foster City government, and THE TAXPAYING CITIZENS?