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HomeMy WebLinkAboutMinutes 2013-01-23 (2)SOV�Hs �� AJy�A U O c91IFOR��A MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICES BUILDING COUNCIL CHAMBERS 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, JANUARY 23, 2013 7:00 P.M. CALL TO ORDER: TIME: 7:00 P.M. ROLL CALL: PRESENT: Councilmembers Addiego, Garbarino and Gupta, Mayor Pro Tern Matsumoto and Mayor Gonzalez. PLEDGE OF ALLEGIANCE: AGENDA REVIEW ABSENT: None. Led by Mayor Gonzalez. City Manager Nagel recommended that Item No. 10 be heard before or after Items from Council, in consideration of the large number of people present to hear and /or speak on the Item. Council agreed to hear Item No. 10 before Items from Council. PUBLIC COMMENTS None. PRESENTATIONS • Presentation of Proclamation honoring the retirement of Badminton Coach, Dick Ng. Mayor Gonzalez and Mayor Pro Tem Matsumoto presented the Proclamation to Badminton Coach Dick Ng. Coach Ng thanked his wife and children. He declared that when he first came into the badminton world, it was all about winning, but as he matured he realized that mentoring athletes was most important. He pushed his students to educate themselves. Coach Ng shared his immense pride for what the athletes he worked with had accomplished. 0 South San Francisco Relay for Life Presentation. South San Francisco resident Nanette Cole extended an invitation to City Council, residents and local organizations and businesses to participate in the American Cancer Society Relay for Life. The event would take place on May 18th at South San Francisco High School. She described the event as a great way to get out with family for a good cause. The presentation was continued by resident Janice Umlin, a 15 -year cancer survivor. She shared that she deals with cancer patients every day, and the Relay means a lot to them. She invited residents to join the cause and become involved in Relay for Life. Mrs. Cole emphasized that Relay for Life is a community event and is a great way to build relationships for a good cause. PUBLIC HEARIN 10. Waive reading, introduce and adopt an Interim Ordinance of the City of South San Francisco making findings and extending (1) a City -wide moratorium on the issuance of Use Permits, Building Permits, or any other applicable entitlement for large format retail or superstore uses and (2) a moratorium on the issuance of Use Permits, Building Permits, or any other applicable entitlement for grocery or food and beverage sales uses in the East of 101 Area; and Resolution No. 7 -2013 approving an amendment to the agreement with Ascent Environmental in an amount not to exceed $126,185 and amending the 2012/13 General Fund Operating Budget. Public Hearing opened: 7:20 p.m. Principal Planner Beaudin presented a Staff Report with a 2 part recommendation related to an extension of an Interim Ordinance that was adopted by the City Council on December 12, 2012. Since the adoption of the ordinance staff had studied all existing zoning rules related to the formation of large format retail use and food and beverage uses. Staff was recommending a 16- month review or moratorium period in order to complete and refine the zoning ordinance amendments and the necessary environmental review processes. The first recommendation was to adopt an ordinance which would extend the city -wide moratorium regarding the issuance of use permits, building permits and other applicable entitlements for large format retail uses and the moratorium on use permits, building permits and any other entitlements for food and beverage sales in the East of 101 Area. The second part of the recommendation was related to the Environmental Review contract. Planner Beaudin advised that Council initially authorized staff to use up to $50,000 to evaluate the potential impact that a superstore could have on the grocery market in the City of South San Francisco. At that time staff entered into two contracts. The first contract, with Seiffel Consulting for the amount of $25,000, was to complete an economic impact analysis report. The completed report was presented to City Council in November 2012. Seiffel concluded that there could be an economic impact of five (5) to nine (9) percent on the grocery market in South San Francisco. It noted that it had seen an impact as high as twenty percent in other areas. The second contract was with Ascent Environmental, for $25,000 to complete a notice of preparation and initial study. The Resolution attached to the staff report would essentially approve an amendment to the latter agreement in an amount not to exceed $126,185 so that all the necessary REGULAR CITY COUNCIL MEETING JANUARY 23, 2013 MINUTES PAGE 2 environmental review could be completed for the project. Planner Beaudin also advised that in response to a letter from an interested party seeking to amend the proposed ordinance to permit superstores engaged in business -to- business transactions, staff did not recommend any changes. Councilman Gupta emphasized that Council was considering this issue in a generic sense and not targeting a specific franchise. He queried progress in the past 45 days as well a why staff recommended a 16 month moratorium considering that the environmental review would take 12 months. Planner Beaudin stated that since the adoption of the interim ordinance, the Division had reviewed all of the existing zoning rules and definitions and looked at the zoning map to see where grocery uses and large format retail uses are currently permitted. It then took that analysis and formulated possible options. The first option was to not allow grocery uses in the East of 101 Area. The second option was to restrict large format retail with grocery city -wide. On the environmental side, staff had been working with Ascent Environmental to finalize the scope of work for the required CEQUA review. The recommended 16 month duration was advised to permit staff to finalize the scope of work, permit the consultant to perform the environmental review and complete any required Planning Commission and Council actions on the issue. Councilman Garbarino noted that the Ascent proposal included two (2) in- person meetings over a 12 month period. He questioned whether this would be sufficient. Planner Beaudin advised that there would be numerous consultations with Ascent, located in Sacramento, including e- mails, conference calls and other phone calls. He believed that given all the communications that would take place, two in- person meetings would be sufficient. City Attorney Mattas added that the contract also obligates Ascent to be present at the public hearing on the matter. Councilman Addiego commented that he believed decorum at the last meeting on this subject was unacceptable. He noted that the value of what is accomplished in a democratic forum is diminished if respect is not shown to each side. He recognized that the disrespect was shown by only a few and was not reflective of the whole body, but noted those few cast a shadow over the proceedings. He hoped the public concurred with his comments. Mayor Pro Tem Matsumoto requested a clarification on the proposed finding that the establishment of superstore uses would present a current and immediate threat to public health, safety and welfare. Planner Beaudin stated that staff believes that any failure to properly review land use regulations related to this matter would result in community and health impacts ranging from social and economic to environmental. City Attorney Mattas stated that ultimately it is Council's finding that is adopted. Before hearing public comment, Mayor Gonzalez concurred with Councilman Addiego regarding the need for decorum in the proceedings. He advised each speaker would be given two (2) minutes. REGULAR CITY COUNCIL MEETING JANUARY 23, 2013 MINUTES PAGE 3 Shelley Kessler stated that she would like to see the Council affirm the extension of the moratorium. She urged that enough time be extended to permit the best possible investigation of issues and that all related studies be completed. She reiterated her hope that Council would extend the moratorium. Edward AL -Ghani brought greetings from Stonegate and added that the community supports the findings that staff just spoke about and the Council at large. He supported extension of the moratorium for 12 -16 months. Steve Pitocchi thanked staff for working hard through the holidays and for the past 45 days to come back with a solid recommendation. He stated support for the extension of the moratorium to allow time for further study and categorically look at all impacts on community health and safety. He concluded by urging Council to vote to extend the moratorium. Tina Acree, business agent for AFSCME Local 829, supported the moratorium and requested an environmental impact study on the issue. She advocated an open discussion on the City's best interests moving forward. On behalf of the San Mateo Building Trades Council, Bill Nack conveyed support for staff's recommendation to extend the moratorium. He noted that if a superstore received land use entitlements before the City could study and revise its zoning ordinance, it would create conflicts among land uses and long term planning goals. He believed a 16 month moratorium extension was needed to allow staff and consultants to complete the review. David Franklin, a partner at Mckenna Long and Aldridge representing Costco Wholesale, stated he did not oppose the moratorium. He requested clarification as to what City Council meant by a moratorium on large format retail. He pointed out that the definition in the Municipal Code pertains to retail establishments that sell merchandise and bulk goods for individual consumption. He believed this definition did not apply to Costco Business Centers. This format differed in that goods are not sold for individual consumption, but rather for business use. Thus, he concluded, a Costco Business Center should not be precluded from entering the City during the 16 month moratorium. Jerry Reed, a longtime resident of South San Francisco, praised the City's staff and suggested that Council follow its recommendations. Shannon Weeks, the Warehouse Manager at the Costco Hayward Business Center, explained that the Center supplies businesses with food, beverage and supplies. Customers range from catering companies, restaurants and daycare centers to general service providers. The Center includes a walk -in format and is distinctly different than that of a Costco Retail Center. The Business Center includes delivery service as well. He maintained that the delivery service is in high demand on the Peninsula. A resident apologized for his intensity at the previous meeting on this subject. He advised he had visited the Costco Business Center and believed it would be a win -win for the City. He concluded by saying that South San Francisco has a lot to offer beyond Genentech, and a Costco Business Center would provide good paying jobs. REGULAR CITY COUNCIL MEETING JANUARY 23, 2013 MINUTES PAGE 4 Michelle Radcliffe, co -owner of the South San Francisco Grocery Outlet, stated that voting against the moratorium extension would be a direct contradiction to the economic development strategy set out in the General Plan. While the strategy seeks to attract new businesses, build on existing clusters of high technology and biotechnology and nurture startups in a new market segment, it also outlines measures to retain and expand existing business establishments. She opined that by allowing certain businesses into the City, small businesses would be destroyed causing vacancies. She stated that she would like to see businesses like hers co -exist with existing businesses in the City. Mary Russi, a resident and business owner in South San Francisco, spoke in support of the moratorium. She stated that the Councilmembers represent those who live, work and own businesses in the City. She invited Council to stand -up to big businesses and box stores and once again vote for the extension of the moratorium. Marie Tanagychi, an employee of the South San Francisco Grocery Outlet and resident of South San Francisco, advised that 2 weeks ago, their store was featured on a show called "Making it in America" on CNN. The story depicted what a store like the Grocery Outlet provides for the community. She urged Council to extend the moratorium. Public Hearing closed: 8:21 p.m. Motion- Councilman Garbarino/ Second Councilman Addiego: to waive reading, introduce and adopt an Interim Ordinance of the City of South San Francisco making findings and extending (1) a City -wide moratorium on the issuance of Use Permits, Building Permits, or any other applicable entitlement for large format retail or superstore uses and (2) a moratorium on the issuance of Use Permits, Building Permits, or any other applicable entitlement for grocery or food and beverage sales uses in the East of 101 Area. The Mayor Called for discussion before taking a vote on the above motion. Regarding Costco's Business Center, Mayor Pro Tem Matsumoto queried the percentage of walk -in business to delivery business in the Business Center format. Mr. Weeks responded that typically, walk -ins would be 60 percent, and delivery 40 percent. Deliveries would typically be made to grocery markets, convenience stores, cemeteries, and liquor stores. He stressed that the Business Center does not compete with local businesses for this market. Mayor Pro Tern Matsumoto pointed out the revised information from staff noted that the environmental review was anticipated to take approximately I I months, including the public comment period. She inquired as to whether to avoid potential vacancies, it made sense to extend the moratorium for 12 months as opposed to 16 months on this basis. City Attorney Mattas responded that staff recommended a 16 month time frame to permit potential Planning Commission and Council action after the EIR is completed. Councilman Addiego added that staff has been able to trim roughly 6.54 months from the maximum impact of 2 years. He asked whether the moratorium could be suspended if work were completed sooner. REGULAR CITY COUNCIL MEETING JANUARY 23, 2013 MINUTES PAGE 5 City Attorney Mattas responded that the moratorium could terminate upon the effectiveness of the documents brought forward. Councilman Gupta saw the discussion as being based on immediate and long term outcomes. The immediate involved the interests of the Costco Business Center to be differentiated from large format stores, which could possibly have a different impact on transportation. He strongly encouraged staff to include these differences in the study and ultimate reports. He believed the current plan did not foresee differential impact based on this business type. He questioned whether the issue of economic impact by different types of businesses would be revisited beyond the prior Seiffel study. Principal Planner Beaudin clarified the plan was to apply the Economic Impact Report by Seiffel as a basis for the grocery discussion. The Costco Business Center model was new to the discussion since that study. If there were additional economic impact analysis that needed to be done on that basis, an environmental review would certainly look at that as part of the process. Councilman Gupta requested further study of the means by which anchor stores might economically improve an area. He believed that for the Council to make decisions on superstores there must be an understanding of the relative difference between an anchor store that is a superstore and a store in a shopping center. Councilman Addiego stated that Council had indeed been looking at the study in a more comprehensive way. He further observed that the Grocery Outlet and Westborough Shopping Center were both good examples of anchor stores reinvigorating an area. Mayor Pro Tem Matsumoto stated support for an in -depth review and asked whether the Ascent study would be specific to South San Francisco. Principal Planner Beaudin confirmed the study would be South San Francisco- specific. Councilman Addiego requested clarification as to how the study could be more in- depth. City Attorney Mattas stated he understood Councilman Gupta to be seeking additional analysis beyond that done by Seiffel to differentiate business center models from large format retail stores and also look in greater depth at short and long -term economic impacts. The Seiffel report looked at the immediate impact on the market. He believed Councilman Gupta requested that this go further to include a more long -term analysis in terms of job growth. Councilman Gupta so confirmed. Councilman Addiego cautioned that the study should not look at specific stores to avoid the impact of picking winners and /or losers in the process. Assistant City Manager Van Duyn suggested that Council move ahead with staff's recommendation. Staff would have an opportunity to discuss the components of a manageable study, including objectives and needs in the context of retail or commercial development objectives, with the Consultants and then bring that back to the Council. Mayor Gonzalez noted that the ordinance had been moved and seconded. REGULAR CITY COUNCIL MEETING JANUARY 23, 2013 MINUTES PAGE 6 City Attorney Mattas clarified Council had two actions to take. Motion— Councilman Garbarino /Second— Councilman Addiego: to Waive reading, introduce and adopt an Interim Ordinance of the City of South San Francisco making findings and extending (1) a City -wide moratorium on the issuance of Use Permits, Building Permits, or any other applicable entitlement for large format retail or superstore uses and (2) a moratorium on the issuance of Use Permits, Building Permits, or any other applicable entitlement for grocery or food and beverage sales uses in the East of 101 Area. Unanimously approved by voice vote. Motion- Councilman Garbarino /Second- Councilman Addiego: to adopt Resolution No. 7 -2013. Unanimously approved by voice vote. Recess: 8:37 p.m. Meeting Resumed: 8:50 p.m. ITEMS FROM COUNCIL • Announcements. • Committee Reports. Councilmembers reported on attendance at community meetings and events, including a San Mateo Emergency Services Council Meeting, a League of California Cities Policy Committee Meeting, a HEART Meeting, an ABAG Meeting and a Sister Cities Meeting. Announcements were made regarding upcoming events including the Youth of the Year Awards by the local Boys and Girls Clubs and the Gun Buy -Back Event being sponsored by local representatives. Specific items for further action and /or consideration were set forth as follows: Councilman Addiego congratulated the honorees at the upcoming Boys and Girls Clubs Youth of the Year Awards, including, Brittany Bergo, Amanda Blanco, Jordan Novice, Carlos Bonilla, Julia Goodenall, Joey Gentiel, Angelica Morales, Desia Fuentes and Ian Polenveret. Councilman Garbarino announced that he was recently appointed as Vice Chair for the Regional Airport Planning Committee. Mayor Pro Tern Matsumoto announced that bus tokens would soon be available for purchase by school children and residents at the City's Finance Department. Councilman Addiego shared a concern by a resident of Paradise Valley regarding damage to trees in the Paradise Valley Pocket Park. He requested that Director of Parks and Recreation Ranals provide information on this subject. Director Ranals advised that a tree located along the park and belonging to the South San Francisco Unified School District was found to have been drilled. The hole included a sticky substance, however a chemical analysis was not able to be performed. These concerns had been forwarded to the School District. REGULAR CITY COUNCIL MEETING JANUARY 23, 2013 MINUTES PAGE 7 CONSENT CALENDAR 1. Motion to approve the Minutes of the meetings of December 31, 2012, January 9, 2013 and January 16, 2013. 2. Motion confirming payment registers for January 23, 2013. Motion to waive reading and adopt Ordinance 1463 -2013 amending the South San Francisco Municipal Code, Chapter 14.04, to include changes and additions as required by the California Regional Water Quality Control Board contained within the Municipal Regional Permit Regulations related to the discharge of storm water into the storm water collection system. 4. Motion to waive reading and adopt Ordinance 1464 -2013 amending the South San Francisco Municipal Code, Chapter 14.08, to add recent Federal Pretreatment requirements related to the discharge of Fats, Oils and Greases (FOG) and Dental Wastes (DW) in the sanitary sewer collection system. Resolution 3 -2013 approving the change of administrator for the current Voluntary Employees Beneficiary Association (VEBA) Plan. 6. Resolution 4 -2013 approving Compensation Plan for the Executive Management Unit July 1, 2012 through June 30, 2014. 7. Resolution 5 -2013 accepting funds from Genentech and amending the 2012 -2013 Capital Improvement Program list to include the Forbes Boulevard Bike Lane Improvements Project and appropriating a project budget of $6,000,000. 8. Resolution 6 -2013 executing a consulting services agreement with Wilsey Ham of Foster City, California for engineering services for the Forbes Boulevard Bike Lane Improvements Project in an amount not to exceed $135,416. Motion— Councilman Addiego /Second— Councilman Garbarino: to approve Consent Calendar Items Nos. 1 and 3 -8. Unanimously approved by voice vote. Item No. 2: Councilwoman Matsumoto noted the significant investment in Centennial Way and observing that maintenance costs are $7,600 /month. Motion— Councilwoman Matsumoto /Second— Councilman Addiego: to approve Consent Calendar Item No. 2. Unanimously approved by voice vote. LEGISLATIVE BUSINESS 9. Implementation of Downtown Quality of Life Improvement Measures and Amendment to Smoking Ordinance. a. Waive reading and introduce an Ordinance amending Chapter 8.50 of the South San Francisco Municipal Code Regarding Regulation of Smoking in Parks and Designated Public Areas. REGULAR CITY COUNCIL MEETING JANUARY 23, 2013 MINUTES PAGE 8 Assistant City Attorney Rosenberg presented the staff report recommending implementation of Downtown Quality of Life Improvement Measures. He explained the several actions being proposed beginning with the recommendation to waive reading and introduce an Ordinance amending chapter 8.50 of the South San Francisco Municipal Code Regarding Regulation of Smoking in Parks and Designated Public Areas. The proposed ordinance would revise the code to be consistent with current state and federal law by prohibiting smoking in all city parks and zones defined as Parks and Recreation (PR) in the city's zoning map and in city -owned public places designated by the City Manager. Regarding potential video surveillance in the area, he noted two locations were proposed along the Starbucks Breezeway and the City Hall Annex picnic area with the ability to view and record. The financial impact would be $55,000 for the Starbucks Breezeway and $15,000 for the Annex picnic area. Regarding Stay Away Orders, the Police Department worked with the District Attorney's Office, which is working with the Probation Department to seek Stay Away Orders in the identified areas on a case -by -case basis going forward. More activities were also planned with the Downtown Partnership. Mayor Pro Tern Matsumoto expressed concern related to the cost of the surveillance program, stating that she had thought use of a mobile camera would be less expensive. She was comfortable putting this item on hold. Councilman Addiego opined in light of recent circumstances, it might be worth the $15,000 expense to adopt the program at the Annex picnic area. He then requested clarification on enforcement of the proposed smoking ordinance. Chief of Police Massoni advised that depending on the circumstances, a warning or citation would be issued. City Attorney Mattas stated that the initial fine would be in the amount of $100. Councilman Garbarino inquired as to the effectiveness of the surveillance program absent constant monitoring. Chief of Police Massoni stated that cameras are a general deterrent. Additionally, the Officers assigned to Bike Patrol would periodically look at the footage and have the added benefit of reviewing it in response to an incident. Councilman Garbarino noted that businesses might share in the surveillance costs related to the Starbucks Breezeway. City Attorney Mattas stated that businesses could voluntarily choose to help with the cost or it could be implemented as part of the Business Improvement District, but consent would be required. REGULAR CITY COUNCIL MEETING JANUARY 23, 2013 MINUTES PAGE 9 In response to Councilman Garbarino's request for more information regarding camera logistics near City Hall, IT Director Hollis responded that the existing network at the Annex building would be used. Councilman Garbarino stated that as a beginning, he supported the $15,000 expenditure for the Annex picnic area surveillance. Mayor Pro Tern Matsumoto queried whether Business Improvement Districts (BIDS) were voluntary. City Attorney Mattas responded that BIDS effectively operate as assessment districts, which are voluntary and require property owner consent. Motion- Mayor Pro Tern Matsumoto /Second- Councilman Garbarino- to waive reading and introduce an Ordinance amending Chapter 8.50 of the South San Francisco Municipal Code Regarding Regulation of Smoking in Parks and Designated Public Areas. Unanimously approved by voice vote. Motion- Councilman Garbarino /Second- Councilman Gupta- to proceed with the option of introducing cameras off of the Annex Building and the park area adjacent to the building. Unanimously approved by voice vote. COMMUNITY FORUM The City Council congratulated Mayor Pro Tern Matsumoto's mother on her upcoming 100th birthday. ADJOURNMENT Being no further business, Mayor Gonzalez adjourned the meeting at 9:50 pm. Submitted: Approved: sta arti elli Pedro Gonzalez City erk, City of li /uth SA/Francisco Mayor, City of South San Francisco REGULAR CITY COUNCIL MEETING JANUARY 23, 2013 MINUTES PAGE 10