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HomeMy WebLinkAboutMinutes 2001-07-11MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING JULY 11, 2001 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE CALL TO ORDER: 7:30 p.m. (Cassette Tape No. 1) ROLL CALL: Present: Councilmembers Gonzalez, Matsumoto and Penna, Mayor Pro Tem Mullin and Mayor Fernekes Absent: None PLEDGE OF ALLEGIANCE: Led by Mayor Fernekes INVOCATION: Given by Rev. Bob Foerster, Grand Avenue Baptist Church PRESENTATIONS Presentation by North San Mateo County League of Women Voters - League President Marie Baldisseri presented a plaque to Councilman Gonzalez recognizing him for his civic education efforts Introduction of new and promoted City employees: Parks, Recreation and Maintenance Services Director Nagel introduced Public Works Maintenance Worker Alex Henry; Park Maintenance Workers Brandon Cutajar and Donald Louie; and Building Maintenance Worker Greg Fernandez. Director Nagel stated that Electrical Technician Randy Chen was unable to attend. Public Works Director Gibbs introduced new City Engineer Barbara Hawkins. Fire Chief Lee introduced new Building Inspector Miles Hancock. AGENDA REVIEW City Manager Wilson requested Consent Calendar Item No. 6 be moved to Administrative Business. PUBLIC COMMENTS Ms. Judy Gillingham, 146 Dundee Drive, representing the West Winston Manor Community Association, stated her concern regarding the Serramonte Corporate Center development and whether or not the project has been abandoned. The Association is concerned about the current condition of the site, public access, lack of security, and the possibility of erosion and landslides. She asked for the status of the sewer connection issue and if it was being scheduled for a City Council meeting. Mayor Fernekes directed staff to respond to the questions. He informed Ms. Gillingham that a letter was written to the Mayor of Daly City, he and Mayor Pro Tem Mullin are reviewing their calendars to schedule meetings with the Association, and the Daly City Council subcommittee. It is anticipated that the issue will be adgendized for the August 22 meeting. Mrs. Sophie Mason, 10 Arlington Drive, stated her concerns regarding the quality of life in South San Francisco and that her efforts will be focused on electing new City Councilmembers. Ms. Jackie Williams, 242 Longford Drive, stated her frustration and inability to access information discussed by the Council subcommittee and West Winston Manor Community Association regarding the Serramonte Corporate Center development. She asked for the status on the power plant proposal at the Tillo site and stated her disappointment with the number of power plants being proposed for this area. She asked that proof of a development bond for the Serramonte Corporate Center be confirmed in case the project is abandoned. Mayor Fernekes directed staff to respond to questions. City Attorney Mattas stated that the ad hoc subcommittee will make its report at the Council meeting when the item is adgendized. He also clarified that a letter was written at the direction of Council to the CEC regarding the E1 Paso/SFO power plant proposal. 1TEMS FROM COUNCIL · Community Forum · Subcommittee Reports Mayor Fernekes reported that Council met with State Senator Jackie Speier on June 29 to discuss issues of concern. He reported on the launching of the Library's new literacy van and Senator Speier's participation in that event. He attended Rotary's 50th anniversary dinner on June 30, and the Philippine American Friendship Festival on July 7. Councilwoman Matsumoto presented a check to the Library's Project READ from her employer, California Casualty. California Casualty has made previous donations to the Cultural Arts Commission, Los Cerritos School and the Learning Center. Councilman Gonzalez reported attending the activities mentioned by Mayor Fernekes and that over 1000 people attended the Friendship Festival. He reported attending 4th of July celebrations at both the Grand Avenue Baptist Church and the First Baptist Church. He announced his candidacy for City Council. Councilman Penna reported attending a downtown merchants meeting on Tuesday to discuss issues that will be coming to Council. Mayor Pro Tem Mullin reported attending an Airport Roundtable subcommittee meeting with comparable committee members from San Jose and Oakland airports, that are studying ways to approach aircraft noise on a regional level. He also met with the ABAG regional planning committee to discuss census demographic information and transportation issues. REGULAR CITY COUNCIL MEETING JULY I I, 2001 MINUTES PAGE 2 · Annual League of California Cities Conference - Selection of Council Delegate Mayor Pro Tem Mullin volunteered to be the Council delegate. Motion-Penna/Second-Matsumoto: To appoint Mayor Pro Tem Mullin as the Council delegate to the Annual League of California Cities Conference. Unanimously approved by voice vote. · Authorize letter to California Energy Commission related to AES Power Plant City Manager Wilson gave a brief summary of the course of events that have occurred during the past two years regarding AES's interest in building a power plant in South San Francisco. Mayor Fernekes stated that it has been the consensus of Council to review information on building a power plant in South San Francisco, but no decision to approve a power plant has been made by Council. He stated that the sequence is to first study whether or not there is a need for a power plant and then a location. AES is proceeding without the political and public will. He requested that a letter be prepared that will explain to the CEC that the City is still in an exploratory stage and opposes a power plant at the East Jamie Court site at this time. He requested the resolution be prepared and that he has prepared amendments to it for Council to consider. Mr. Glen Davis, AES South City, 100 Pine Street, San Francisco, presented information on AES's rationale to move forward with the power plant construction process at the East Jamie Court site, which AES believes will accomplish public and political will. He asked that time be given to AES to meet with the El01 business community to explain AES's proposal and the potential to enhance electrical reliability. He further explained the course of action AES will take to meet the needs of the community. Ms. Jackie Williams, 242 Longford Drive, stated her support for Council's action and her concern for other power plants being built at SFO or at the treatment plant. She urged Council to be an "intervenor" and to have a representative at the electrical reliability meetings. Mr. Davis stated that AES South City has not filed an application for certification with the CEC for any project. Mayor Fernekes reiterated that Council has only been exploring the feasibility of a power plant and no action by Council has been taken. He further stated that the zoning for East Jamie Court site has not been modified to allow a power plant. City Attorney Mattas substantiated Mayor Fernekes comments. Mayor Fernekes stated that political will is not there for South San Francisco. Mayor Pro Tem Mullin stated his concerns, including AES's actions are not consistent with its initial position it took on the East Jamie Court and treatment plant sites. He stated the political will has not been determined. He stated his preliminary thoughts about the issue, what benefits the City should receive if there is a power plant built, and agreed with Mayor Fernekes that Council is still at the information gathering stage. He felt AES's move is disappointing. He stated his support for the resolution. REGULAR CITY COUNCIL MEETING JULY 11,2001 MINUTES PAGE 3 Councilman Penna stated he was not prepared to comment and asked other Councilmembers to continue with their comments. In response to Councilwoman Matsumoto, Mayor Fernekes stated his proposed addendum to the resolution: to advise the CEC that South San Francisco is looking into alternative energy plant sites and that when the Council makes a final determination it will let the CEC know, but in the meantime Council is not interested in a power plant being placed at East Jamie Court. Councilman Gonzalez stated that there has been a breach of trust with AES. He stated his support for the resolution and that he is interested in hearing from other companies and their ideas. In response to Councilman Penna, Mayor Fernekes read the letter that he sent out to Council, as follows: "Council recalls that AES secured a parcel of land on East Jamie Court. It was a site they originally intended to build a 550-megawatt plant. When they initiated a CEC application the City went on record opposing that location. We subsequently have worked with AES and explored the feasibility of using the Tillo site. When AES found out that staff was proposing a request for qualification process for potential partners on the Tillo site they made a decision to reactivate their East Jamie Court application. Next Wednesday I have requested the City Manager place a resolution on the agenda re- opposing the development of the large power plant at the East Jamie Court site. I'm doing this in recognition that we are seriously pursuing the feasibility of a turbine and that the South San Francisco Airport continues to discuss a large plant on their property. Once this feasibility study is complete and if you wish to reconsider East Jamie Court you may. We need to let the process continue a feasibility for our city and not be pushed by AES. Three plants within South San Francisco is simply too many." Councilman Penna discussed AES's application, which staff stated is listed on the CEC website. He discussed with Mayor Fernekes that Council has not decided if it wants a power plant, on a location, or who will build it. Mayor Fernekes stated that AES is circumventing the City's process and has hired a consultant to start the CEC process. Councilman Penna stated his support for the resolution. Motion-Mullin/Second-Penna: To approve Resolution No. 68-2001, authorizing a letter to the California Energy Commission opposing the power plant facility proposed by AES, Inc. on the East Jamie Court property located within the City of South San Francisco and further authorizing the City to intervene in the proceedings, and to include the Mayor's amendment: "Staff shall also advise the CEC that the City Council is considering alternative sites within the City for the possible location of an electricity generating facility and that staff will advise the CEC of any final decision". Unanimously approved by voice vote. CONSENT CALENDAR I. Motion to approve the minutes of the June 27, 2001 special and regular meetings REGULAR CITY COUNCIL MEETING JULY I 1, 2001 MINUTES PAGE 4 2. Motion to confirm expense claims of July 11,2001 in the amount of $1,879,703.75 3. Motion to adopt Ordinance No. 1292-20~amending SSFMC Section 3.12.010 to implement Council approved position title additions, deletions, and/or changes 4. Motion to adopt Ordinance No. 1293-2001 amending SSFMC Chapter 2.78, Conference Center Authority Commissioners 5. Motion to approve modification to Administrative Instruction Section 1, No. 4 - Naming of City Facilities Pulled from Consent Calendar, see below for comments. 6. A resolution awarding the construction contract to Bay Pacific Pipeline, Inc., for the E1 Camino Real/Chestnut Avenue Reconstruction Project in an amount not to exceed $669,000 Moved to Administrative Business. 7. Resolution No. 69-2001, accepting a $36,500 grant from the Peninsula Community Foundation and a $1,500 grant from Kaiser Permanente 8. Motion to cancel regular meetings of July 25 and August 8,2001 and schedule special meeting for August 15,2001 Mayor Pro Tem Mullin asked that Item No. 5 be pulled from the Consent Calendar. Motion-Gonzalez/Second-Mullin: To approve Consent Calendar Item Nos. 1, 2, 3, 4, 7, and 8. Unanimously approved by voice vote. Consent Calendar Item No. 5: Mayor Pro Tem Mullin stated he could not support the proposed policy change at the present time. He requested further discussion with staff and that it be held over to a future meeting. He felt the walk would become a subject of contention and it would be difficult to say no to requests. There was a consensus that the item be held over for a study session. (Recess: 8:32 p.m. - 8:43 p.m.) PUBLIC HEARING 9. Waive reading and introduce an ordinance approving formation of Bayshore Boulevard Underground Utility District #1 Public hearing opened. Staff report presented by Senior Civil Engineer Chuck. Public hearing closed. REGULAR CITY COUNCIL MEETING JULY I 1,2001 MINUTES PAGE 5 Motion-Penna/Second-Gonzalez: To waive reading and introduce an ordinance establishing the formation of the Bayshore Boulevard Underground Utility District. Unanimously approved by voice vote. ADMINISTRATIVE BUSINESS A resolution awarding the construction contract to Bay Pacific Pipeline, Inc. for the E1 Camino Real/Chestnut Avenue Reconstruction Project in an amount not to exceed $669,000 Staff report presented by Director Gibbs. City Attorney Mattas informed Council that the item was removed from the Consent Calendar in order to modify the resolution. He explained that the contract will be awarded once all of the right-of-way acquisition is completed, so there won't be any potential for delay damage claims by the contractor. He requested the resolution be amended to read: "Now, therefore be it resolved by the City Council of City of South San Francisco that the City Council hereby approves the construction contract for the E1 Camino Real/Chestnut Avenue Reconstruction project to Bay Pacific Pipeline, Inc. in an amount not to exceed $669,000 subject to completion of the right of way acquisition by the City. The City Manager is hereby authorized to sign the agreement after all necessary right of way has been acquired." Mayor Pro Tem Mullin discussed with staff the shifting of the median along E1 Camino Real between Westborough and Arroyo Drive and his concern that parking is not eliminated on the east side of E1 Camino, north of Arroyo Drive. Councilman Penna also stated his concern regarding the loss of parking along El Camino Real. Staff verified that parking northbound on E1 Camino Real, north of Arroyo Drive will remain as is. Motion-Mullin/Second-Matsumoto: To approve Resolution No. 70-2001, awarding the construction contract to Bay Pacific Pipeline, Inc. for the E1 Camino Real/Chestnut Avenue Reconstruction Project in an amount not to exceed $669,000, and to include the City Attorney's modification to the resolution, as stated above. Unanimously approved by voice vote. 10. Consideration of ballot measure for the November general election related to the commercial parking tax in South San Francisco. Staff report presented by City Attorney Mattas. Motion-Mullin/Second-Matsumoto: To appoint a subcommittee and to direct staff to prepare materials necessary to place a ballot measure on the November election ballot. Approved by voice vote. Mayor Fernekes and Councilman Gonzalez volunteered to sit on the subcommittee. City Attorney Mattas requested that he meet with the subcommittee following the Council meeting to schedule a series of meetings. REGULAR CITY COUNCIL MEETING JULY II, 2001 MINUTES PAGE 6 LEGISLATIVE BUSINESS 11. Waive reading, introduce and adopt an urgency ordinance of the City of South San Francisco prohibiting approval of new land use permits and related building permits for new low, medium and high density residential development pending amendment of the zoning code necessary to implement policies in the Housing Element of the General Plan and making findings related thereto Staff report presented by Economic and Community Development Director Van Duyn. Mr. Mike Pacelli, 2171 Junipero Serra Boulevard, Daly City, representing DUC Housing Partners, 14107 Winchester Boulevard, San Jose, applicant for the Marbella Development on Gellert Boulevard, urged Council to reconsider adopting the urgency ordinance and suggested the City work with residential developers on a case by case basis to implement its goals for workforce housing. DUC is willing to meet the affordability housing needs of the community. City Attorney Mattas briefed Council on the letter received from Ms. Davidoff, of the law firm Steefel, Levitt & Weiss, concerning Marbella's review by the Planning Commission which is to proceed as originally scheduled (letter attached to minutes). In response to Councilwoman Matsumoto, Director Van Duyn clarified the purpose of the 45-day ordinance, expiring on August 25, and the opportunity for Council to develop the inclusionary ordinance. Councilwoman Matsumoto stated her commitment to provide affordable housing in South San Francisco and her support for the urgency ordinance. Councilman Gonzalez, sympathetic to Mr. Pacelli's comments, stated his support for the concept of the ordinance to provide affordable housing. Councilman Penna stated his support for affordable housing, but felt the ordinance will curtail development, causing housing prices to accelerate, thus deterring affordable housing. He stated his concern that the Marbella project was being delayed. Staff stated the project was being slowed down, but it was continuing through the Planning Commission process. Staff stated that projects with 25% affordability designation will be exempt from the ordinance. Mayor Pro Tem Mullin stated the importance of not losing the opportunity to capture workforce housing with the Marbella project. He discussed the ABAG income figures and his support for the ordinance. He acknowledged that the urgency ordinance will inconvenience the Marbella development, but his concerns are the needs of the community. Councilman Penna further explained the housing market side of the proposal for the Council to consider. He felt 25% was too high and developers will not accept it. Councilman Penna stated he understands Council's intentions, but questioned what Council was trying to do. REGULAR CITY COUNCIL MEETING JULY I l, 2001 MINUTES PAGE 7 Councilman Gonzalez stated the percentage to be designated for affordability needs to be studied and that Council needs to move quickly. Mayor Fernekes confirmed with the City Attorney that the ordinance requires a four- fifths vote and that a majority of Council must agree on the 25% affordability designation. He stated his support for the ordinance and that Council must act expeditiously. Mayor Femekes confirmed with staff that DUC Housing has been aware of the discussions regarding the 25% affordability designation. In response to Councilman Penna's report on the housing market, Mayor Pro Tem Mullin further stated his support to create affordable housing for the people who work here and that every city has this same ABAG allocation requirement. As a result of a poll of Council, Councilmembers Gonzalez, Matsumoto, Mayor Pro Tem Mullin and Mayor Fernekes stated their support for the adoption of the urgency ordinance. Councilman Penna stated his opposition. Mayor Fernekes asked for a consensus on the designation remaining at 25%. Councilman Penna felt 15% was reasonable. Councilmembers Gonzalez, Matsumoto, Mayor Pro Tern Mullin and Mayor Fernekes stated their support for the 25% designation. Councilman Penna stated his opposition and felt Council was deterring development by approving the 25%. Mayor Pro Tem Mullin felt developers are taking the wait-and-see attitude and suggested that if the inclusinary ordinance does not meet Council's objective it will have to be reevaluated. Motion-Mullin/Second-Matsumoto: To waive reading of the urgency ordinance beyond the title. Unanimously approved by voice vote. Motion-Mullin/Second-Gonzalez: To introduce and adopt Urgency Ordinance No. 1294- 2001, of the City of South San Francisco prohibiting approval of new land use permits and related building permits for new low, medium and high density residential development pending amendment of the zoning code necessary to implement policies in the housing element of the general plan and making findings related thereto. Approved by the following roll call vote: AYES: Councilmembers Gonzalez and Matsumoto, Mayor Pro Tem Mullin and Mayor Fernekes. NOES: Councilman Penna. ABSTAIN: None. ABSENT: None. ADJOURNMENT Motion-Penna/Second-Gonzalez: To adjourn the meeting at 9:44 p.m. Unanimously approved by voice vote. Submitted by: M. Payne, City Clerk City of South San Francisco Appr°vedsxs~7 // City of South San Francisco REGULAR CITY COUNCIL MEETING JULY I I, 2001 MINUTES PAGE 8