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HomeMy WebLinkAboutMinutes 2001-04-11 MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO SPECIAL MEETING APRIL 11, 2001 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE 1. Call to Order: 7:10 p.m. 2. Roll Call: Present: o (Cassette Tape No. 1) Councilmembers Gonzalez, Matsumoto and Penna, Mayor Pro Tern Mullin and Mayor Femekes Absent: None Public Comments: None Discussion and direction to staff regarding proposed United Golden Gate Power Plant at San Francisco International Airport City Attorney Mattas reported that the Council Airport Subcommittee (Mullin/Penna) met on Friday, April 6, to receive information regarding the proposed 570 megawatt United Golden Gate Power Plant at San Francisco Airport. He reviewed the California Energy Commission's (CEC) authority and its application process. He stated the CEC has the authority to approve a power plant even when it's not approved by the local jurisdiction. As part of its consideration process the CEC must determine the compliance of the proposed project with applicable laws, ordinances, regulations and standards of the local area. If there is a compliance issue the CEC will work with the local agency to reach compliance, but the CEC has pre-eminent authority over the local jurisdiction. The City and County of San Francisco has taken the position with the peaker plant that it is their land use regulation because it is at the Airport. The CEC has been advised that we do not necessarily agree with that position and that it is South San Francisco's land use zoning that regulates. The general plan designation for the area is mixed industrial. City Attorney Mattas further discussed the CEC formalized process that is similar to CEQA. He explained that the City can participate by either sending comment letters or by formally intervening and filing position papers with the CEC. The subcommittee is seeking Council's desire in this matter. Ms. Jackie Williams, 242 Longford Drive, requested information on the alignment of the transmission lines at the proposed facility, she asked for copies of the draft agreement between El Paso and the Airport Commission and a memorandum from Gary Franzella, dated March 19. She requested South San Francisco get involved in the matter or intervene. Ms. Marina Kaiser, 529 5th Avenue, San Bruno, stated her concerns include the permit process being rushed and the power plant's long term air pollution issue. Mayor Pro Tem Mullin discussed the subcommittee's dilemma to either submit general comment letters or to formally intervene in the process. He stated the decision to intervene is hinged on the fact that there be a legal basis with reasonable expectation of having a successful outcome. City Attorney Mattas explained that the controlling legal issue is whether the leasee on property is using the leased property for governmental purposes. It is believed that the proposed plant will not be used exclusively for San Francisco's purposes, but will have a merchant component. City Manager Wilson stated that the underlying ownership issue will be verified, but he recalls that there is a sub-lease agreement between United Airlines and El Paso with San Francisco as the property owner. Mayor Pro Tem Mullin stated that he does not support asserting a claim if the City has no jurisdiction unless there is some possibility of success. Councilman Penna concurred with Mayor Pro Tem Mullin. He discussed with City Attorney Mattas the United Airlines' lease agreement. City Attorney Mattas stated the draft document between the Airport and El Paso identifies the property as public property leased to United Airlines. He stated that municipalities can run power facilities and reiterated the importance in this case to distinguish between airport related use verses just governmental use, and emphasized that the 570 mw power plant is not just for airport related use. Councilman Penna asked for information regarding the transmission lines. City Manager Wilson stated the alignment will cut across the treatment plant and tie into the East Grand substation, and it is being studied at this time. City Manager Wilson suggested a letter be written to the CEC requesting a normal processing period. Mayor Pro Tern Mullin suggested: 1) City Manager Wilson draft a letter opposing an expedited process, citing that the City needs time to hire a consultant; 2) City Attorney Mattas make a determination on the land ownership, and 3) schedule another subcommittee meeting. He stated that the CEC will be making a recommendation on its process on May 3. City Manager Wilson requested the full Council give the subcommittee authority to move on the letter without coming back to Council on April 25. The Council concurred. 5. Adjournment Motion-Mullin/Second-Penna: To adjourn the meeting at 7:34 p.m. Unanimously approved by voice vote. Submitted by: Sylv~/a/J[1. Payne, City CI0~ City ;of South San Francisco A >proved: ~i ~th San ~'ra~ciYsco SPECIAL CITY COUNCIL MEETING MINUTES APRIL 11, 2001 PAGE 2 MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING APRIL 11, 2001 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE CALL TO ORDER: ROLL CALL: 7:45 p.m. Present: Absent: PLEDGE OF ALLEGIANCE: PRESENTATIONS (Cassette Tape No. 1) Councilmembers Gonzalez, Matsumoto and Penna, Mayor Pro Tem Mullin and Mayor Fernekes None Led by Mayor Femekes Proclamation to Liceo Scientifico Statale was presented by Mayor Fernekes to S. Cannizaro school teacher, Eurosia Mangiameli, and school principal, Aldo Zanca. Mr. David Burruto presented a proclamation on behalf of State Assemblyman Lou Papan. Smart Growth and e-Vision - Ms. Mary Griffin gave an overview of the program requesting Council's endorsement of the Bay Area Alliance for Sustainable Development draft "Compact". Mayor Pro Tern Mullin requested the item be agendized for the April 25 meeting. Earth Day Proclamation - Mayor Fernekes presented the proclamation to Beautification Committee Chairman Dennis Crossland. Councilman Gonzalez announced that Chairman Crossland is involved in the "Veterans, Does It Fit?" exhibit that will be on display at Orange Park Recreation Building on May 5-6. National Poetry Month, Teen Poetry Contest Winners - Library Board President Bill Boldenweck and Cultural Arts Commission Chair Karen Ochsenhirt introduced the grand prize winner, high school student Delcha Pierre Augusta. Mr. Augusta recited his winning poem, "People and Shells". Public Library/Children's Quiltmaking Program - Children's Librarians Ann Mahon and Meg Cupman introduced the children who participated in the program. Three quilts were displayed before Council. (Recess: 8:24 p.m. - 8:36 p.m.) AGENDA REVIEW: No changes. PUBLIC COMMENTS Mr. Vance Zemke, 211 Eucalyptus Avenue, discussed his high school senior exit project, "Veterans, Does it Fit?" He stated that his collection of World War II memorabilia will be on display at Orange Memorial Park, May 5-6, and all branches of the service will be represented. Ms. Molly McArthur, BART, gave a visual presentation on the art work for the South San Francisco BART station. She stated that 70 artists responded to the RFP. The art selection committee for South San Francisco included Councilwoman Matsumoto and Cultural Arts Chairman Crossland. She showed examples of interactive art murals and announced a public workshop is being held Saturday, April 28, 1:00-3:00 p.m. Ms. McArthur asked for suggestions on who to notify about the workshop and Councilwoman Matsumoto stated a list of organizations will be forwarded for notification. (Cassette Tape No. 2) Mr. Greg Cochran, South San Francisco Chamber of Commerce, announced a Business Expo and Job Fair at the South San Francisco Conference Center on Thursday, April 19, 2:00 p.m. Mrs. Stephanie Uccelli-Menner, South San Francisco Scavengers, announced an open house at the new Materials Recovery Facility and Transfer Station (MRF) on May 6, 11:00 a.m., at 500 East Jamie Court. ITEMS FROM COUNCIL · Community Forum · Subcommittee Reports Councilman Penna reported on the child care facilities fee study meeting held April 10. He stated a recommendation will be forthcoming to Council from the Council subcommittee (Mullin/Penna). Mayor Pro Tern Mullin explained AB 1600 and that new developments can now be assessed for new child care needs, but cities must still take responsibility for existing shortages of child care facilities. He reported that the airport's web site (www.flysfo.com) will soon have the capability of showing arriving and departing flights in the Bay Area. Councilwoman Matsumoto reported that the Farmers Market could not be moved up, but it will begin Saturday, May 19, 9:00 a.m., with 34 vendors, and will go year-round. She acknowledged Fire Department Management Analyst Susan Kennedy's accomplishments and the numerous informative articles she has written for local organizations. Councilman Gonzalez thanked the South San Francisco Scavenger Company for sponsoring a , th table at the American Heart Association. He reported attending the City s 54 Easter egg hunt, the band showcase at South San Francisco High School, and Dad's Count, the 2nd Annual Fatherhood Breakfast. REGULAR CITY COUNCIL MEETING APRIL I 1, 2001 MINUTES PAGE 2 Mayor Fernekes reported attending the opening day of the Little League season at Alta Loma Park, the facility naming subcommittee (Fernekes/Matsumoto) met and will be bringing reconm~endations to Council for re-consideration. He reported attending Genentech, Inc. Founders Research Center II groundbreaking ceremony on April 6, and a dinner on April 7 recognizing South San Francisco residents Catherine Costa and Angie Fornesi. CONSENT CALENDAR Motion to approve the minutes of the March 21 and 28 special meetings and March 28, 2001 regular meeting 2. Motion to confirm expense claims of April 11, 2001 in the amount of $1,324,956.88 o Resolution 29-2001, amending the 2001-2002 Community Development Block Grant (CDBG) Program operating budget and incorporating the administrative HOME Investment Partnership Program funds received from the San Mateo County HOME Consortium Resolution 30-2001, accepting additional grant funding for the Community Learning Center in the amount of $18,011 o Acknowledgement of proclamations issued: Week of the Young Child, April 1,2001; National Library Week, April 1-7, 2001; Alessandro Volta Lodge Day, 54th Anniversary, April 7, 2001 Motion-PennaJSecond-Mullin: To approve the Consent Calendar as submitted. Unanimously approved by voice vote. Abstain: Penna, Item 1. PUBLIC HEARING o Hearing to consider One Year Plan for Housing and Community Development and proposed Statement of Objectives for FY 2001-02; resolution authorizing submittal of required documents to HUD, and authorize and execute all documents necessary to secure and award CDBG funds for the City Public hearing opened. Staff report presented by H&CD Manager Fragoso. Ms. Roxanne Dean, North Peninsula Family Alternatives, thanked Council for refunding the agency. Public hearing closed. Councilwoman Matsumoto gave a subcommittee report (Matsumoto/Penna) on the allocations given and that there are funds available for a first time homebuyers' program. She requested staff fine-tune the subcommittee's direction and that a proposal be prepared for Council's consideration. REGULAR CITY COUNCIL MEETING APRIL 11, 2001 MINUTES PAGE 3 Councilman Penna reported that the subcommittee discussed creative approaches, such as assisting first time homebuyers with their mortgage payments. Staff is researching the possibility of this affecting an individual's income structure and having tax consequences. Mayor Pro Tern Mullin discussed with staff the loan repayment process and that the flow of repayment money is estimated at $20,000-$30,000 per year. He felt the first time homebuyers program is too restrictive and suggested other options be considered, such as rentals, working in conjunction with the school district to build housing on vacant parcels, or working with non-profit agencies to rehabilitate existing buildings. Council stated their consensus with Mayor Pro Tern Mullin's recommendation. It was also agreed that a study session be held to further discuss the program. City Attorney Mattas stated that Exhibit B, Page 3, will be modified to add rental housing to "First Time Home Buyer Assistance or Housing Production Fund". Motion-Penna/Second-Gonzalez: To approve Resolution No. 31-2001, authorizing submittal of all required documents to the Department of Housing and Urban Development and authorizing the City Manager to execute all documents necessary to secure and award Community Development Block Grant funds for the City. Unanimously approved by voice vote. Hearing to consider second Amendment to the Final Terrabay Specific Plan and Amendment to the Terrabay Specific Plan District Zoning Ordinance; waive reading an introduce an ordinance and adopt resolution approving amendment to Final Terrabay Specific Plan (public hearing opened on March 14, continued to March 28 and April 11) Public hearing continued. Staff report presented by Project Planner Allison Knapp. City Attorney Mattas explained the Planning Commission's concerns regarding the parking spaces, the TDM program, their disapproval of the valet assisted parking, insufficient parking for office site if performing arts center is used concurrently, and the possibility of parking being used by outsiders. He stated that staff is recommending the original language as set forth in the Terrabay Specific Plan. Project Planner Knapp informed Council that as part of the TDM program, a parking fee will be imposed. Public hearing closed. Councilman Penna stated that he understands the Planning Commission's concerns but supports staff's recommendation. Mayor Pro Tern Mullin stated his support for the demands of the TDM program, the valet program and reduction of stripped spaces. Councilwoman Matsumoto discussed staff's recommendation and questioned the gross number of parking spaces. She felt the recommendation was encouraging car trips and not strengthening the TDM program. REGULAR CITY COUNCIL MEETING APRIL 11,2001 MINUTES PAGE 4 Staff explained the monitoring program for the TDM that will discourage vehicle trips by levying financial penalties. The monitoring is out-sourced to a traffic consultant that is paid by the developer and monitored by the City. In response to Councilman Gonzalez, staff explained the amendment to the specific plan process that occurs when entitlement changes are proposed. Staff stated that further amendments are not envisioned and the Terrabay precise plan will be reviewed by the Planning Commission on May 3, and thereafter by Council. Motion-Penna/Second-Mullin: To waive reading of the ordinance. Unanimously approved by voice vote. Motion-PennaJSecond-Mullin: To introduce an ordinance amending Municipal Code Chapter 20.63 (Terrabay Specific Plan District) for the remaining parcels of Phase II and Phase III of the Terrabay Development with changes to Section 20.63.130 and 20.63.140, § e, as proposed in the attachment submitted to Council. On the question: Mayor Pro Tern Mullin asked for clarification on Councilwoman Matsumoto's objection. Councilwoman Matsumoto explained that the additional parking space increase to 2006 is facilitating vehicle trips. Motion continued. Approved by the following roll call vote: AYES: Councilmembers Gonzalez and Penna, Mayor Pro Tem Mullin and Mayor Fernekes. NOES: Councilwoman Matsumoto. ABSTAIN: None. ABSENT: None. Motion-Penna/Second-Gonzalez: To approve Resolution No. 32-2001, approving a second amendment to the Final Terrabay Specific Plan. On the question: Councilwoman Matsumoto asked for clarification on procedures, and City Attorney Mattas stated the resolution does not specify the exact count of parking spaces, as accomplished by the ordinance. Motion continued: Approved by voice vote. (Recess: 9:55 p.m. - 10:02 p.m.) ADMINISTRATIVE BUSINESS Discussion: Placement of two modular classrooms in Westborough for pre-school and Community Learning Center activities Staff report presented by Parks, Recreation and Maintenance Services Director Nagel. Mayor Pro Tern Mullin stated that in the past he has not been in favor of taking park land area, but supports this proposal. In response to Mayor Pro Tem Mullin, staff reported that the two com~nunity meetings previously held were sparsely attended, and the park land area being proposed is under utilized. Councilwoman Matsumoto stated that she attended the community meeting previously held and the community supports the Westborough Park site because it is near the pre- school site and its amenities. She further stated that because the classrooms are modular they can be moved, so it would not preclude the swimming pool. REGULAR CITY COUNCIL MEETING APRIL I 1, 2001 MINUTES PAGE 5 Councilman Gonzalez stated his support for having the modulars at the Westborough Park site. Staff stated it is the preferred location although there is a slope that must be considered. By Council consensus, direction was given to staff to obtain input from the Westborough community regarding a preferred location for the placement of two (2) modular classrooms for expanded pre-school childcare/programming and Community Learning Center activities. Resolution authorizing installation of parking meters along a portion of Lux and Cypress Avenues Staff report presented by Economic and Community Development Director Van Duyn. In response to Councilman Gonzalez, Director Van Duyn reported receiving a few calls from residents in the area and that the parking meters are only being installed at the commercial end of Lux at this time. The meters may extend to Linden Avenue at a future time and parking permits may be considered. Director Van Duyn further explained the ramifications of parking permits and that the neighborhood would need to be surveyed if Council directed. Councilman Gonzalez acknowledged support for the survey. Councilman Penna stated his support for the meters. Noting that the area is mixed residential/commercial and that Victorian structures make ideal offices, he suggested the commercial area be extended one block over, from Miller Avenue to Lux Avenue, to encourage upgrading the neighborhood and conducive to the area. In response to Mayor Fernekes, staff reported that the revenue would flow to the parking district. Motion-Penna/Second-Matsumoto: To approve Resolution No. 33-2001, approving the installation of approximately 21 parking meters along a portion of the easterly end of Lux Avenue and Cypress Avenue. Unanimously approved by voice vote. LEGISLATIVE BUSINESS 10. Motion to waive reading and introduce an ordinance amending contract between the Board of Administration, California Public Employees' Retirement System (PERS) to provide Section 20965, credit for unused sick leave for local police members and local miscellaneous members, and Section 20042, one-year final compensation for local miscellaneous members Staff report presented by Human Resources Director Bower. In response to Mayor Pro Tern Mullin, staff stated the average of compensation is currently three years. REGULAR CITY COUNCIL MEETING APRIL 11,2001 MINUTES PAGE 6 Motion-Mullin/Second-Penna: To waive reading and introduce an ordinance of the City Council of the City of South San Francisco and the Board of Administration, California Public Employees' Retirement System to provide Section 20965 (Credit for unused sick leave) for local police members and local miscellaneous members and Section 20042 (one-year final compensation) for local miscellaneous members. Unanimously approved by voice vote. ADJOURNMENT Motion-Penna/Second-Gonzalez: To adjourn the meeting at 10:20 p.m. Unanimously approved by voice vote. Submitted by: Syly{)/M. Payne, City Cle~ Citp/of South San Francisco Approved: ~ uFt;r nseakne; a n; ~s°crO 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 the City Clerk and are available for inspection, review and copying. REGULAR CITY COUNCIL MEETING APRIL 11, 2001 MINUTES PAGE 7