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HomeMy WebLinkAboutMinutes 2000-05-24MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MAY 24, 2000 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE CALL TO ORDER: 7:32 p.m. (Cassette Tape No. 1) ROLL CALL: Present: Councilmembers Mullin and Penna, Mayor Pro Tem Fernekes and Mayor Matsumoto. Absent: None PLEDGE OF ALLEGIANCE: Led by Mayor Matsumoto INVOCATION: Given by Rev. John Cantley, Grace Covenant Church PRESENTATIONS · Chamber of Commerce Executive Director Greg Cochran was officially introduced by Chamber President Norm Faria. Certificates of Recognition to Quiz Kids - South San Francisco High School teacher and advisor Kyle Killeen introduced his students who participated in the Peninsula TV Quiz Kids Trivia Show: Mark Kachhi, Tony Saracino, Avit Kansal and Michael Kong (not present). Mayor Matsumoto presented certificates Mr. Killeen and students. AGENDA REVIEW No changes. PUBLIC COMMENTS Ms. Elaine Porter, Senior Services Coordinator, announced the annual Senior Health & Fitness Fair is June 16, 2000, 9:00 a.m.-l:00 p.m., at the Municipal Services Building. Ms. Nancy Andrews, representing the owners of 1461 San Mateo Avenue, stated concerns the property owners have regarding the proposed homeless shelter who feel it is a poor site for the shelter. Areas of concern include residential use in a M- 1 zone, hazardous materials that pose a fire danger, contaminated materials that were dredged from Colma Creek and stockpiled at the site, Colma Creek's impeding improvements and access to site, and no bus service to area. She requested that a public meeting be held for all property owners and voters to attend and a environmental analysis be prepared. Councilman Mullin, homeless shelter subcommittee member, stated that two community meetings were held and the consistent focus has been the engineering aspect of the site. If the site is found inadequate then the homeless shelter will not be placed there. Another site being studied is at Belle Air Island. Due to the time constraints and amount of work to be done at the San Mateo Avenue site, the homeless shelter is precluded from occurring this year. He stated the matter is on-going and issues will be addressed before there is any construction. ITEMS FROM COUNCIL · Community Forum · Subcommittee Reports Councilman Mullin provided an update on the following events he attended: · May 18th Children's Summit. He stated an action plan was formulated to improve the status of children that included strategies to create affordable housing, provide quality child care, and deal with needs of pre-natal through teenage children. South San Francisco was well represented Budget subcommittee (Fernekes/Mullin) met with staff and reviewed the proposed budget; · Eagle Scout Court of Honor for Randall Kwok, May 21; and · League of California Cities Legislative Action Day, May 22 and 23, to discuss State surplus funds being shifted back to cities. South San Francisco will be receiving $221,000 of the non-restricted money. Mayor Matsumoto stated she attended the following events: · Groundbreaking for the South San Francisco BART station on May 12; the station is scheduled to open December, 2001; · Senator Sher's housing summit, it is evident that work force housing and rental units are of particular concern shared by cities on the Peninsula; · Senior Volunteer Recognition Luncheon; · 20th Annual Senior Citizens Appreciation Breakfast sponsored by the Police Association. Mayor Matsumoto stated the meeting will be adjourned in memory of Mayor Pro Tem Fernekes' mother, Melanie Fernekes, and the late City of San Mateo Vice-Mayor Gary Yates. CONSENT CALENDAR Motion to approve the minutes of the May 10 regular meeting and May 17 special meeting Motion to confirm ex. se claims of May 24, 2000 in the amount of $4,155,164.53 Resolution No.'St5-2000, requesting the San Mateo County Board of Supervisors use the San Mateo County Flood Control District as the funding mechanism to support the countywide National Pollution Discharge Elimination System General Program Resolution approving installation of stop signs at the intersections of Granada Drive and Avalon Drive, and Hillside Boulevard and North Spruce Avenue Item pulled from Consent Calendar, see below for discussion. REGULAR CITY COUNCIL MEETING MAY 24, 2000 MINUTES PAGE 2 Councilman Penna requested Agenda Item No. 4 be pulled from the Consent Calendar. Motion-Fernekes/Second-Mullin: To approve Consent Calendar Item Nos. 1, 2 and 3. Unanimously approved by voice vote. Councilman Penna discussed with Interim City Engineer Chuck the intersections that were included in the survey and criteria for warranting a stop sign. Councilman Penna requested the intersection of Hillside Boulevard and Holly Avenue be studied. Motion-PennaJSecond-Fernekes: To approve Resolution No. 54-2000, authorizing the installation of a stop sign on Granada Avenue at the intersection of Avalon Drive and on Hillside Boulevard at the intersection of North Spruce Avenue Mayor Matsumoto requested Item No. 9 be moved forward on the agenda. LEGISLATIVE BUSINESS o Resolution referring single-purpose school zone designation for all school sites to Planning Commission for consideration Staff report presented by Economic and Community Development Director Van Duyn. Dr. George Kozitza, representing South San Francisco Unified School District, speaking against the item, submitted a copy of SSFUSD Policy BP 3280, for the Sale, Lease, Rental of District-Owned Real Property and stated that the School Board went on record opposing the school zone designation by passing Resolution No. 99-76. He suggested that the City Council direct staff to work with the School District staff to resolve the issue. Ms. Cindy Alger, 248 Dundee Drive, treasurer of Winston Manor Community Association (WMCA), speaking in favor of the item, stated her support for the school zone and her concern that Serra Vista School be maintained. Mr. Bill King, 109 Dundee Drive, historian for the WMCA, speaking in favor of the item, voiced his concerns regarding the School District and its lack of response to neighborhood concerns. Ms. Dolores Cirmi, 237 Longford Drive, co-treasurer of WMCA, speaking in favor of the item, stated her support for the school zone designation and that it will help protect the neighborhood from a high density development. Mr. John Devine, 203 Longford Drive, co-director for WMCA, speaking in favor of the item, urged Council to approve the resolution and stated the designation will provide an opportunity for community input in an open public forum for any proposed action the School Board may take regarding Serra Vista School. Mr. Rich Ryan, 208 Norwich Drive, co-director for WMCA, speaking in favor of the item, stated his support for the school zone designation and concerns for his community REGULAR CITY COUNCIL MEETING MAY 24, 2000 MINUTES PAGE 3 if Serra Vista School is developed. The designation will allow the community additional time to review any proposed developments. Mr. Gary Rubino, 212 Norwich Drive, president of the WMCA, speaking in favor of the item, provided background on the School Board's actions, their notification process, the neighborhood survey that was conducted, the Association's support for the designation and the buffer it will provide. Mr. Sharon Albera, 204 Mansfield Drive, secretary for the WMCA, speaking in favor of the item, stated the designation will provide a barrier for any hasty decisions that the School Board may make, and that the Board's actions in the past have been made without the consideration of the children or the community. Mr. Lou Dell'Angela, 222 Country Club Drive, speaking in opposition to the item, informed Council he was not speaking as a representative of the School Board. In response to previous speakers' comments he stated sufficient notice was given to the community to speak before the School Board on this matter. The School Board must think on a district-wide basis, and there is no compelling reason to change the zoning as the School Board is following the same policy as other school districts follow--same zoning as the surrounding neighborhood. He questioned what the designation will accomplish since law already requires notification and a public hearing. The Board does not want to get into the position of opening a school that will put the district in financial jeopardy. He felt the Council should not be put in a position of conspiring with neighborhood groups on land use or financial decisions that the School Board is elected to make. Mr. Dell'Angela stated the School Board does not want to bump heads with the City Council and feels the zoning designation is divisive. Ms. Jackie Williams, 242 Longford Drive, speaking in favor of the item, reported on a recent School Board special meeting that was cancelled due to a lack of quorum. She addressed concerns she has with the School Board's policy and the effort the West Winston Manor neighborhood has made to be kept informed of School Board decisions. She asked for clarification on the next steps in the process and City Attorney Mattas stated the matter, if approved, will be put before the Planning Commission for consideration and they will make a recommendation to Council. Public hearings are required in both instances. Mayor Pro Tem Fernekes commended the Winston Manor Community Association for their work. He criticized comments that Council or the community is conspiring. He stated his support for the school zone designation. Councilman Penna stated his support for the Association's efforts and also criticized the term "conspire" being used. Listening to neighborhood concerns is his job, and a concern of West Winston Manor is notification. He stated his support for the designation. He stated if there are fees to re-zone the school site, Council has the authority to waive those fees. Councilman Mullin stated his support for the zoning designation and that the issue has become political. He felt the School Board has made an effort to satisfy neighborhood REGULAR CITY COUNCIL MEETING MAY 24, 2000 MINUTES PAGE 4 concerns, and the additional public hearing will allow the neighborhood an extra chance to see a quality project approved. He felt the advice of subcommittees should be followed unless there are compelling reasons to do otherwise and Council is not interfering with the School Board. Councilman Mullin verified with City Attorney Mattas that a general plan amendment is required when the school site is re-zoned to conform with the neighborhood and a public hearing will be held. Mayor Matsumoto stated that Mr. Dell'Angelo is one elected body and Council's roll is not interfering. She stated her support for the designation and its purpose. She stated her displeasure with the use of the word "conspire" and the comment made by a speaker about the School Board having a developer in its pocket. Motion-Fernekes/Second-Penna: To approve Resolution No. 55-2000, a resolution initiating creation of school zone district. Unanimously approved by voice vote. (Recess: 8:47 p.m. - 8:55 p.m.) PUBLIC HEARING Oak Farms - PUD-99-067, SA-99-067, EIR-99-067 and DA-99-067, Planned Unit Development, Subdivision Map and Development Agreement to create a 33-1ot subdivision (32 new single family dwellings) on a 2.65 acre site at the southeast corner of Oak and Grand Avenues (Applicant: Standard Building Company; Owner: Oak Farms Ltd.) Public hearing opened. Staff report presented by Senior Planner Kalkin and Project Consultant Allison Knapp. Mr. Bob Kent, Standard Building Co., stated his agreement with staff's presentation, and suggested Council decide on whether the area designated for guest parking be retained or omitted and fully landscaped. Ms. Debbie Wydler, 916 Commercial Avenue, speaking with concern, stated that her home is adjacent to Oak Farms and she is concerned with several items related to the development that may affect her home, including stormwater drainage, sewer back-up, paving of Oak Avenue, proposed guest parking spaces to the rear of her backyard, security lighting nuisance, depth of proposed retaining wall, and police authority on private streets. (Cassette Tape No. 2) Councilman Mullin discussed Ms. Wydler's concerns. Staff will check Ms. Wydler's sewer line for a backflow device. Senior Planner Kalkin clarified for Councilman Penna that 40' of the street will be paved for two lanes of traffic. Chief Raffaelli discussed the police authority on private streets and disclosed that speeding and illegally parked cars are violations that must be enforced by the REGULAR CITY COUNCIL MEETING MAY 24, 2000 MINUTES PAGE 5 homeowners association, the Police Department can enforce all other violations. A discussion of the preservation ordinance was discussed and whether or not it can be enforced in the development. Chief Raffaelli felt the guest parking area may be a nuisance, but it is not considered an attractive area for gathering. Council discussed how a guest parking area is monitored and violators are towed. In response to Councilman Mullin, Senior Planner Kalkin explained that the storm drainage problem along Oak Avenue is from the County's property across the street; that area is currently being farmed and engineering work is being incorporated into the Standard Homes project to address this concern. Councilman Mullin verified that Lux Barn is not a historic resource. He suggested that artifacts from the barn be preserved for an appropriate use. Councilman Mullin discussed with staff the $172,480 contribution that is part of the development agreement. Director Van Duyn explained the PUD fair share approach and the opportunity to use part of this money for a down payment on five of the units that will be designated for low-moderate income families. Default will be child care or public art. Councilman Penna verified that the City will be allocating the funds for the homeowners assistance program, and commended Standard Builders for the program. Council discussed the distribution of funds and it was agreed to keep options open and decide later what extra funds would be used for. Councilman Mullin suggested the assistance program be designated for local employees. City Attorney Mattas stated specific findings are needed to include that as a provision. Director Van Duyn stated Council will be kept informed of how the money is allocated. Mayor Matsumoto asked how the Victorian concept was arrived at and staff stated it was encouraged by the Planning Commission. She stated her support for the project and appreciation for the landscape strip. Councilman Penna stated his support for the project and its architecture. Public hearing closed. Councilman Penna discussed with staff the issue of the extra parking spaces behind Ms. Wydler's property and staff indicated the developer has provided sufficient parking in the development if the additional spaces were omitted. Council noted that the area is in a transit oriented area and public transportation should be encouraged. There was a consensus of Council to omit the five guest parking spaces and replace it with landscaping. Motion-PennaJSecond-Mullin: To omit the five guest parking spaces located at the southeast corner of the development and include landscaping in its place. Unanimously approved by voice vote. Motion-Fernekes/Second-Mullin: To approve Resolution No. 56-2000, to certify the focused environmental impact report for Oak Farms (EIR-99-067), including the REGULAR CITY COUNCIL MEETING MAY 24, 2000 MINUTES PAGE 6 statement of overriding considerations and the mitigation monitoring and reporting program. Unanimously approved by voice vote. Motion-Penna/Second-Femekes: Motion to approve SA-99-067 and PUD-99-067, based on the findings and subject to conditions of approval, including the condition to omit the five guest parking spaces located at the southeast comer of the development and include landscaping in its place. Unanimously approved by voice vote. Motion-Mullin/Second-Fernekes: To waive reading and introduce an ordinance to approve a development agreement between the City of South San Francisco and Sunstream Homes for the Oak Farms Project, and to clarify Development Agreement Exhibit B, Paragraph 2, designating $172,480 to assist first time home buyers, and in the event of remaining funds the matter will come back before Council for determination of funds to be used for child care of public art. Unanimously approved by voice vote. (Recess: 10:20 p.m. - 10:30 p.m.) ADMINISTRATIVE BUSINESS o Proposed sewer rate increases for 2000-01 and 2001-02, and new noticing requirements under Proposition 218 Staff report presented by Public Works Director Gibbs and Finance Director Steele. A visual presentation was given of the plant expansion. Council discussed with staff the capacity expansion and other financial and technical aspects related to the Water Quality Control Plant wet-weather improvements. Director Gibbs reviewed the three phase program that has been developed for financing the project. Director Steel explained the Prop 218 notification requirements (handouts were submitted to Council). Councilman Mullin suggested comparison rate sheets be included with the notification to property owners. Motion-Penna/Second-Femekes: Motion to direct staff to proceed with the formal notification process for the sewer rate increase. Unanimously approved by voice vote. ° Consideration of policy related to the extension of sewer services to the unincorporated Country Club Park area, and authorize staff to file an application with County Local Agency Formation Commission to provide extraterritorial sewer service Staff report presented by Acting City Engineer Chuck. Councilman Penna stated his concern is properties with legal non-conforming uses that may require multiple sewer hook-ups. A discussion ensued, and staff suggested that the determination be made by County during the review period which dwellings are legal and approved for sewer hook up. REGULAR CITY COUNCIL MEETING MAY 24, 2001) MINUTES PAGE 7 Mr. Lou Dell'Angela, 1818 Gilbreth Road, #111, Burlingame, representing Mr Singh at 222 Country Club Drive, asked for clarification on the process. City Manager Wilson explained the LAFCO review process and the preparation of a blanket sewer permit application for all the affected properties. The blanket application will cost $2500 for the entire area and will take 60-90 days. City Manager Wilson asked if Council still wanted to review each application. City Attorney Mattas stated that LAFCO will require a CEQA review that may extend the process by six months. City Manager Wilson stated that connections are being made to existing lines, new lines are not being put in. Councilman Penna asked if LAFCO permits expire and staff stated they would investigate. Mayor Matsumoto discussed Council's review of each sewer hook-up request, and City Attorney Mattas stated the review is a mechanism for property owners to pay a fair share, as the sewer hook-up requests are individual agreements that are not binding on other property owners. Mr. Ronald Brown, 217 Country Club Drive, stated his support for the policy, but opposes Section 3a. He responded to several Council comments from the April 12 meeting and stated that besides his own residence, he received a permit from San Mateo County to build a foundation for a mobile home that has its own septic tank. Section 3a language was discussed by Council and it was agreed to amend the wording as follows: "3a. Execution of an agreement with the City to not oppose annexation to the City upon notification by the City of South San Francisco of its intent to annex the properties." Mr. Brown requested the process be expedited, if possible. Mr. Ciaran Harty, 273 Country Club Drive, asked if his application could be expedited as an individual request to avoid the environmental review, which staff stated was not possible. City Attorney Mattas stated the possibility of expediting a request will be researched. City Attorney Mattas suggested Policy Section 3f be modified as follows: "3f. Service will only be provided to single family dwelling units and permitted secondary units" City Attorney Mattas stated the exact wording will need to be verified with County's definition of a secondary unit. The property owner will have to provide evidence that they have a legal secondary unit. Motion-Penn'a/Second-Fernekes: To authorize staff to file an application with the County Local Agency Formation Commission to provide extraterritorial sewer service in the Country Club Park area, and modifying Policy Section 3a and 3f, as identified above. Unanimously approved by voice vote. REGULAR CITY COUNCIL MEETING MAY 24, 2000 MINUTES PAGE 8 o (Recess: 11:31 p.m. - 11:39 p.m.) City Council Vacancy - Consideration of and possible appointment or call for election to fill vacancy Staff report presented by City Attorney Mattas. By consensus of Council it was agreed to vote by ballot; the first and second ballots were cast as follows: First ballot results - Select i Dworetcky - 2 Teglia - 1 Gonzalez - I Second ballot results - Select 1 Dworetcky - 2 Teglia - 1 Gonzalez - i Council discussed the strategy for the next ballot round. It was agreed to select two applicants on the third ballot, and by the process of elimination, go to the fourth ballot with just those applicants receiving votes. Third ballot results - Select 2 Wright - i Dworetcky - 2 Teglia - ! Green - 2 Gonzalez - i Bader - 1 Fourth ballot results - Select ! Dworetcky - 2 Gonzalez - 2 By consensus of Council, a ballot with just Dworetcky's and Gonzalez's names was voted on. Fifth ballot results - Select 1 Dworetcky - 2 Gonzalez - 2 Councilman Penna stepped down from his seat at 12:05 a.m. and returned at 12:07 a.m. Council agreed to the following: omit Dworetcky and Gonzalez from the list; select two names from the remaining applicants. REGULAR CITY COUNCIL MEETING MAY 24, 2000 MINUTES PAGE 9 Sixth ballot results Wright - I Estigoy- I Serrata - 1 Ochsenhirt - I Teg|ia - 1 Green - 2 Bader - I - Select 2 Council discussed narrowing the field down and limiting the next round to only the six applicants from the sixth ballot, Seventh ballot results - Select 1 Wright - ! Green - 2 Bader - I Council agreed to take the three selected applicants from the seventh ballot and include applicants Dworetcky and Gonzalez for the eighth ballot. Eighth ballot results - Select 1 Gonzalez - 4 (unanimous) Motion-Fernekes/Second-Mullin: To approve Resolution No. 57-2000, appointing Pedro Gonzalez to the position of Councilmember to fill the remainder of the vacant term. LEGISLATIVE BUSINESS 10. Waive reading and introduce an ordinance amending SSFMC Section 13.30, entitled Tree Preservation Ordinance Mayor Matsumoto requested Item No. 10 be tabled to June 14 and have it considered early on the agenda. ADJOURNMENT Motion-Penna/Second-Mullin: To adjourn the meeting in memory of Mayor Pro Tern Fernekes' mother, the late Melanie Fernekes, and the late City of San Mateo Deputy Mayor Gary Yates at 12:28 p.m. Unanimously approved by voice vote. Submitted by: Sylvia M. Payne, ~tty Clerk City of South SanTrancisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communications, arguments, and comments are recorded on tape. The tape and documents related to the items are on file in the Office of thc City Clerk and are available for inspection, review and copying. REGULAR CITY COUNCIL MEETING MAY 24, 2000 MINUTES PAGE I 0