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HomeMy WebLinkAboutMinutes 2001-11-14MINUTES RECREATION AND PARK DISTRICT CITY OF SOUTH SAN FRANCISCO SPECIAL MEETING NOVEMBER 14, 2001 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE 1. Call to Order 7:05 p.m. 2. Roll Call Present: o o o Submitted by: Syl~i)l M. Payne, City CAerk Cit~of South San Francisco (Cassette Tape No. 1) Boardmembers Gonzalez, Matsumoto, Penna and Vice Chairman Mullin and Chairman Fernekes Absent: None Agenda Review - Authority Director Wilson requested Item No. 5 be removed from the Agenda. Approval of minutes of the October 25, 2000 special meeting Motion-Mullin/Second-Gonzalez: To approve the minutes of the October 25, 2000 special meeting. Unanimously approved by voice vote. Resolution approving a Joinder among Raiser Resources, San Mateo County Harbor District, South San Francisco Recreation and Park District and City of South San Francisco related to proposed hotel at Oyster Point Item removed from Agenda. Adjournment Motion-Matsumoto/Second-Gonzalez: To adjourn the meeting at 7:06 p.m. Unanimously approved by voice vote. Approved: / Ji~sephfA'. Fernekes, Chairman /'City ot~ South San Francisco MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING NOVEMBER 14, 2001 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE CALL TO ORDER: ROLL CALL: 7:31 p.m. Present: Absent: PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS · (Cassette Tape No. 1) Councilmembers Gonzalez, Matsumoto and Penna, Mayor Pro Tem Mullin and Mayor Fernekes. None Led by Mayor Fernekes Given by Reverend Gary Smith, First Baptist Church Traffic Signal LED Retrofit Program - presentation by PG&E Deputy Director of Maintenance Services Terry White provided details on the retrofit program and introduced several staff members who were instrumental in accomplishing the work: Maintenance Supervisor Frank McAuley, Lead Electrical Technician Dave Casagrande, and Senior Electrical Technician Dan Lovato. Mr. Eric Jansen, PG&E representative, presented Supervisor McAuley with a rebate check in the amount of $176,000 for the City' s participation in the program. He commended the City for its energy saving programs. Councilwoman Matsumoto recognized the City's electrical crew for their work in the community and, in particular, the Sign Hill patriotic tree. National Red Ribbon Week, October 23-31 - Sponsored by the Chamber of Commerce, South San Francisco Unified School District, PTA and Police Department Chamber Director Greg Cochran and Ms. Gail Yothers, Curriculum Coordinator for the South San Francisco Unified School District, presented awards to St. Veronica's School (3rd place), Spruce and Junipero Serra Elementary Schools (2nd place), and Hillside Elementary School (1st Place) for their participation in the Red Ribbon Spirit Contest. · Proclamations - Urban Search and Rescue Team, Task Force 3 Fire Chief Lee provided background on Task Force 3, and its recent deployment to the tragedy at the World Trade Center-Ground Zero, and how the team served the City of New York City. Mayor Femekes presented proclamations to Fire Battalion Chief Phil White, Paramedic/Firefighter Eric Haslam, Fire Captain Chris Campagna, Firefighter Jess Magallanes. AGENDA REVIEW City Manager Wilson requested Item No. 6 be removed from the Agenda. PUBLIC COMMENTS Mr. Collin Post, stated his disappointment that the Candidates' Forum was not televised. He commented on voter apathy and encouraged residents to vote in future elections. Mayor Femekes commented that the forum was sponsored by the League of Women Voters and the Chamber of Commerce, and that AT&T was unable to tape the forum that evening due to a prior commitment in another community. ITEMS FROM COUNCIL · Community Forum · Subcommittee Reports Councilman Penna stated that the inclusionary housing subcommittee (Mullin/Penna) has been working on the requirements and a report will be provided under Item No.. 17. He commented on his twelve years on Council and the accomplishments that have been made that will set the tone for the community for the next fifty years. He stated that since 1908 there have been 73 council members and 43 mayors, and he has served as both. He further commented on his political affiliation as an Independent, his "political mother", the late Marie Senaldi, and how the candidates conducted their campaigns this year. He extended his congratulations to Council Members Matsumoto and Gonzalez and newly elected Council Member Ray Green. He stated his appreciation for the opportunity to serve the community. Mayor Pro Tern Mullin stated that it has been a pleasure serving with Councilman Penna but he will reserve his comments until the November 27 special meeting. Councilwoman Matsumoto reported on attending the Joint City Council/Conference Center Authority Meeting on October 30, the All Souls Mass for deceased City employees, St. Veronica's 50th Anniversary celebration, PAL Boosters' annual dinner/dance, and Project READ's Trivia Challenge event. She announced the schedule for the annual Peninsula High Schools' Quiz Kids event. Councilwoman Matsumoto congratulated the Police Department REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2001 MINUTES PAGE 2 on being recognized for maintenance of its jail. She asked about the Fire Department's pamphlet, "Preparing for the Unexpected" and how it will be distributed and Chief Lee stated it is available at the fire stations, at City facilities and it will eventually be posted on the Web page. Councilman Gonzalez stated he attended many of the functions mentioned, including the Bay Planning Coalition Meeting on October 29. He conveyed his condolences to the family of deceased Fire Engineer Gary Cruise. Mayor Fernekes thanked Father Bill Justice for holding the annual All Souls mass for deceased City employees. He attended the Trivia Challenge and that the event is continuing to grow in popularity. He further mentioned that Councilwoman Matsumoto's team took second place. He reported attending the St. Veronica's 50th Anniversary mass, the funeral service for Fire Engineer Gary Cruise, PAL Boosters annual dinner/dance and AXyS grand opening of its newest facility. He announced that a delegation from Sister City Attotonilco is arriving November 17 for a six day visit and a dinner is being held on November 19. · Personnel Board Appointment - Mayor Femekes directed that the process be started for filling the vacancies on the Personnel Board. Mayor's Award - Mayor Fernekes announced that Genentech, Inc. is the recipient of the 2001 Mayor's Award, and with Council's concurrence, he will present the award at the C.H.I. luncheon on November 27. CONSENT CALENDAR Motion to approve the minutes of the October 24 regular meeting and October 24 and 30 special meetings Motion to confirm expense claims of November 14, 2001 in the amount of $3,158,931.96 o Motion to cancel the regular meeting of November 28 and schedule a special meeting for November 27 Resolution No. 112,-2001, awarding a contract for the purchase of an electronic access control system from A-A Lock & Alarm, Inc. in the amount of $36,455.06 o Resolution No. 113-2001, awarding a contract for a closed-circuit television system and an intercom/audio surveillance system from COMTEL Systems Technology, Inc. in the amount of $43,232.37 o Resolution approving a Joinder among Raiser Resources, San Mateo County Harbor District, South San Francisco Recreation and Park District and City of South San Francisco related to proposed hotel at Oyster Point Marina Item removed from the Agenda. REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2001 MINUTES PAGE 3 Resolution No. 114-2001, accepting the memorandums of understanding with American Federation of State, County and Municipal Employees Local 1569 (Miscellaneous), Teamsters Local 586 (Confidential), and Compensation Plans for the Mid-Management and Executive employee units o Resolution No. 115-2001, authorizing a compensation adjustment for the City Clerk and City Treasurer Motion to adopt an Ordinance No. 1301-2001, establishing a citywide Child Care Impact Fee 10. Resolution approving the City of South San Francisco's Disadvantage Business Enterprise (DBE) Program through September 30, 2002 Item pulled from Consent Calendar. 11. Resolution No. 116-2001, approving the fiscal year 2002-2003 Transportation Development Act Article 3 Projects and authorizing submittal of claims 12. Resolution No. 117-2001, approving the Oakmont Vistas final subdivision map 13. Motion to approve revised landscape plans for Oakmont Vistas Planned Unit Development (PUD-98-054) Item pulled from Consent Calendar. 14. Resolution No. 118-2001, authorizing the execution of the First Amendment to the Primary Responsible Party Agreement for Gibson Environmental Site Remediation 15. Acknowledgement of proclamations issued: Eagle Scout Tyler Smith, and Laser City Home Entertainment, October 27; St. Veronica's Parish 50th Anniversary, November 4; Richard Zaro (retirement), November 9, 2001 Mayor Pro Tem Mullin requested Item No. 10 be pulled from the Consent Calendar, and Councilman Gonzalez requested Item No. 13 be pulled for discussion. Motion-PennaJSecond-Matsumoto: To approve Item Nos. 1, 2, 3, 4, 5, 7, 8, 9, 11, 12, 14, and 15. Unanimously approved by voice vote. Item No. 10: Mayor Pro Tem Mullin questioned staff regarding who qualifies under the DBE program and who makes that determination. Senior Civil Engineer Chuck and Councilwoman Matsumoto responded that the determination is made by the state government, Caltrans and various agencies have a list of firms that are qualified. The DBE program includes minorities, women, disadvantaged/physically handicapped, small business administration, and is governed by 49CFR. Mayor Pro Tern Mullin indicated that City Engineer Barbara Hawkins' e-mail address is incorrect on staff report page 9- 29. REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2001 MINUTES PAGE 4 Motion-Mullin/Second-Gonzalez: Resolution No. 119-2001, approving the Disadvantaged Business Enterprise Program. Unanimously approved by voice vote. Item No. 13: Councilman Gonzalez questioned if a bus shelter is included in the landscape plan. E&CD Director Van Duyn and City Manager Wilson responded that the bus shelter is not part of the landscape plan and that SamTrans is in the process of examining its bus route. It was further explained that if a bus stop is maintained at that location staff will work with SamTrans to provide a shelter. Motion-Gonzalez/Second-Mullin: Motion to approve revised landscape plans for Oakmont Vistas Planned Unit Development (PUD-98-054). Unanimously approved by voice vote. Mayor Fernekes announced that the City received a resolution from State Assemblyman Joe Simitian and a plaque from the San Mateo County Board of Supervisors in recognition of the City's childcare efforts. Mayor Fernekes and Councilwoman Matsumoto commented on Mayor Pro Tem Mullin's and Community Outreach Director Quinn's efforts to increase available childcare in the community. (Recess: 8:30 p.m. - 8:44 p.m.) PUBLIC HEARING 16. Consideration of Appeal of Planning Commission September 6, 2001 Denial of Use Permit (UP-01-052) and Negative Declaration (ND-01-052) allowing a wireless communication facility situated at 1274 Mission Road in the Commercial (C-1) Zoning District in accordance with SSFMC Chapter 20.105; Owner: PG&E; Applicant: R.C. Riley Public hearing continued from October 24, 2001 meeting. Staff report presented by Chief Planner Tom Sparks. Mr. Franklin Dancy, representing R. C. Riley and Assoc., addressed the basis of the appeal, the Planning Commission's concerns, the lack of opposition from the neighborhood, and inconsistencies in the review process. He asked that Council approve the project as recommended by Planning Division staff. (An application packet from MetroPCS was submitted to Council for their information.) Public hearing closed. Mayor Pro Tem Mullin asked for a copy of the neighborhood notice that was mailed out by the applicant. He discussed the Planning Commission's concerns with staff, and the suggestion that the facility may be more appropriate across the street at the BART site. Mr. Riley submitted a copy of the neighborhood notice and responded that BART has been contacted, but discussions so far have not been fruitful. Councilwoman Matsumoto stated her concerns, including that the facilities are obtrusive, targets for graffiti, and, in this case, no direct benefit to the City. Mr. Riley explained the proposed site upgrades and responded to concerns regarding exposure and noise. REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2001 MINUTES PAGE 5 Mayor Pro Tem Mullin con. firmed with staff that the noise level is at 30 decibels. He reviewed discrepancies in the notice with Mr. Riley. Councilman Gonzalez confirmed with Mr. Riley that the notices were sent to property owners within the 300' radius of the PG&E site. Councilman Gonzalez suggested the neighborhood be given a second opportunity to voice their concerns. Councilman Gonzalez further discussed with Mr. Riley the term "acceptable limits" and the eventual need for additional antennas. Mayor Fernekes stated his concerns, including that the notice was not detailed enough, the impact on the neighborhood, the BART site may be a more appropriate location, and that safety is an issue. Motion-Mullin/Second-Matsumoto: To deny the appeal of UP-01-052 based on the findings contained in the staff report. Unanimously approved by voice vote. 17. Consideration of Zoning Amendment (ZA-01-067), an ordinance adding SSFMC Chapter 20.125, Inclusionary Housing Requirements and Density Bonus Ordinance; waive reading and introduce an ordinance Public hearing opened. Staff report presented by Housing and Community Development Manager Fragoso. Ms. Amy Herman, Sedway Group, 505 Montgomery Street, San Francisco, speaking against the proposed inclusionary ordinance, stated her company has been retained by Costco, but was speaking for the "for profit" development. She stated her firms work is still in progress. She stated the ordinance as proposed is onerous for developers, and recommended a 10% requirement. She suggested that Council wait until Sedway's report is submitted in two to three weeks. (A letter was submitted to Council that covers the issues discussed). Mr. John Hansen, 661 Live Oak, Menlo Park, managing member of Hillside Land LLC, asked that Council exempt his development application from the inclusionary ordinance or that he be given other considerations. Ms. Fran Wagstaff, Mid-Peninsula Housing Coalition, 658 Bair Island Road, #300, Redwood City, spoke in favor of the 25% inclusionary housing requirement and stated her opinion as to why the ordinance will be effective and not onerous. She encouraged Council to approve it. Public hearing closed. Mayor Pro Tem Mullin reported on the subcommittee meetings that transpired and the professionals he met with to gain their perspective on whether or not the 25% requirement was doable. He informed Ms. Herman that the Costco site is included in a redevelopment area and subject to a 15% requirement. He stated that the subcommittee REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2001 MINUTES PAGE 6 has compromised and a 20% requirement is being recommended. He stated that help is coming from State Senator Burton who is presenting a $2 billion proposition for the November '03 State ballot that will help communities to create affordable housing. Councilman Penna stated his support for the 20% requirement. Manager Fragoso reviewed each of the options that will give the ordinance flexibility to work with developers to obtain affordable units. Councilman Penna recommended that the requirement start with five unit developments rather than four units. He stated a concern is providing incentives to a developer. He discussed the applications that are now before the Planning Commission, developers are being handled on a case by case basis. Manager Fragoso stated that Mr. Hansen has been informed of the options, but a proposal has not been received and therefore can not be discussed. Mayor Pro Tem Mullin stated the complexities of the issue, which every city in the State will be facing. He further discussed Senator Burton's proposal that will be presented before the State legislature in January, 2002. Councilwoman Matsumoto stated her support for the 25% requirement, and asked if it is reduced to 20% that the childcare in-lieu option be removed. Director Van Duyn advised that it remain since it is an option that may be a benefit to a development, and that staff will prioritize the in-lieu fee options with an emphasis on housing. Councilman Gonzalez stated his concern regarding the reduction to 20% and felt it should stay at 25% to obtain the City's goal by 2006. Mayor Pro Tem Mullin commented that even with the 25% the goal will not be met by 2006. He stated that the 20% requirement will show the State, through the Housing Element, that the City is making a good faith effort. He stated that he has been convinced that the 25% requirement will stop development, the 20% will encourage development and it is a strong statement for other cities to do the same. Councilman Gonzalez responded that two developers have been able to meet the 25% requirement and affordable units will be lost with 20%. Mayor Fernekes stated support for the subcommittee's recommendation. He asked if the subcommittee considered Mr. Hansen's request for an exemption and staff stated that it is premature at this time. Councilman Penna concurred that Mr. Hansen's request be given consideration. City Attorney Mattas reviewed both ordinances, citing the pages and paragraphs that needed to be amended by changing all 25% references to 20%. Motion-Mullin/Second-Penna: To waive reading of an ordinance adding Chapter 20.125, Inclusionary Housing Requirements, to the South San Francisco Municipal Code as amended in its entirety. Unanimously approved by voice vote. Motion~Penna/Second-Mullin: To introduce an ordinance adding Chapter 20.125, Inclusionary Housing Requirements, to the South San Francisco Municipal Code, as amended. Approved by the following voice vote: Ayes: Councilmembers Matsumoto and Penna, Mayor Pro Tem Mullin and Mayor Fernekes. Noes: Councilman Gonzalez. Abstain: None. Absent: None. REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 14, 2001 PAGE 7 24'O Motion-Penna/Second-Mullin: To waive reading of an ordinance adding Chapter 20.130, Density Bonus, to the South San Francisco Municipal Code, as amended in its entirety. Unanimously approved by voice vote. Motion-Penna/Second-Mullin: To introduce an ordinance adding Chapter 20.130, Density Bonus, to the South San Francisco Municipal Code, as amended. Approved by the following voice vote: Ayes: Councilmembers Matsumoto and Penna, Mayor Pro Tem Mullin and Mayor Fernekes. Noes: Councilman Gonzalez. Abstain: None. Absent: None. 18. Consideration of an interim ordinance extending the moratorium on approval of new land use entitlements and related building permits for low, medium and high density residential development for 180 days pending amendment of the Zoning Code required to implement policies in the Housing Element of the General Plan; waive reading and adopt an ordinance Staff report presented by City Attorney Mattas. He advised Council to adopt the interim ordinance for 180 days with the direction to staff that as soon as the period for contingencies (referendum or CEQA challenge) has passed, the ordinance will be brought back to Council for rescission. Motion-Mullin/Second-Penna: To waive reading and adopt Ordinance No. 1302-2001, extending the time limit for the moratorium by 180 days, and amend Section 4, Exception D, to change 25% to 20%. Unanimously approved by voice vote. (Recess: 10:29 p.m. - 10:42 p.m.) ADMINISTRATIVE BUSINESS 19. Motion to approve Purchase and Sale Agreement and Encroachment Agreement with Giorgi Bros. Staff report presented by Public Works Director Gibbs. In response to Councilman Penna, Director Gibbs clarified the area being sold and the area being encroached upon. Mayor Pro Tem Mullin and Councilwoman Matsumoto questioned the process and the Planning Commission's concerns regarding staff following standard procedures. (Cassette Tape No. 2) Councilman Gonzalez requested the money from the sale of the land be designated for childcare or affordable housing. It was agreed to leave it in the General Fund and later re-designate it for unallocated reserve. Motion-Mullin/Second-Penna: To authorize an encroachment permit for the property located on Second Lane. Unanimously approved by voice. REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 14, 2001 PAGE 8 20. 21. Motion-Mullin/Second-Penna: Resolution No. 120-2001, finding that the sale of City property to Giorgi Brothers confirms with the General Plan and approving a purchase and sale agreement with Giorgi. Unanimously approved by voice vote. Report from Public Works Director on the North Canal Street Bridge Director Gibbs reviewed the report submitted to Council and responded to questions. With the assistance of Senior Civil Engineer Chuck, Director Gibbs outlined the area of discussion on a location map, and explained the proposed alternatives and phases of the project. City Manager Wilson advised Council that staff is looking for direction to see if the proposal is something Council wishes to pursue, as further negotiations will be necessary with the Transportation Authority (TA). He further stated that impacted businesses will need to be brought in for neighborhood meetings. Councilman Penna stated his support for the bypass project and suggested that the Produce Avenue crossing line up with the Hwy. 101 off ramp. Mr. Collin Post, 118 Arroyo Drive, stated that it will be difficult for trucks to maneuver the turn onto Produce Avenue and that the 10% grade at the bridge is too steep. Director Gibbs addressed the proposed design. Discussion of the project and its funding ensued. Staff stated that the report was essentially funded with ECD and TA funds, 50% of the funding for the Linden Avenue separation project is coming from Measure A funds, and that $25,000 has been ear- marked to further analyze the feasibility of the project. By consensus of Council, staff was given direction to go forward with the study on the North Canal Street bridge. Year end report on FY 2000-01 financial results Report presented by Finance Director Steele and responded to questions. He informed Council that the State is looking at vehicle license fees to balance the State's budget. Councilwoman Matsumoto asked if the increase in gasoline sales tax was related to the Costco gas pumps, and staff responded that there was some correlation, but generally, it was due to the price of gasoline going up. Mayor Pro Tem Mullin stated his concerns regarding revenue reductions due to the loss of TOT and the possibility of losing vehicle license fees to the State. He suggested the City be zealous in guarding its undesignated reserves as the downturn may go into the 2002-03 FY and that the City needs to conserve its spending. Staff concurred and stated that unallocated reserves for the CIP are being examined to see what projects can be deferred. CLOSED SESSION REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2001 MINUTES PAGE 9 22. Pursuant to Government Code Section 54957.6, conference with Labor Negotiator Jennifer Bower on Public Safety Managers' negotiations Entered into Closed Session: 11:40 p.m. Reconvened into Open Session: 12:01 p.m., all Councilmembers present Report from Closed Session: Mayor Femekes reported direction given/no action taken. ADJOURNMENT Motion-Gonzalez/Second-Mullin: To adjourn the meeting at 12:01 a.m. in memory of Fire Engineer Gary Cmise (January 29, 1953 - November 3, 2001). Unanimously approved by voice vote. Submitted by: Syl,~Ia M. Payne, City Clerk City of South San Francisco Approved: Joseph A. Fernekes, Mayor City of South San Francisco 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 MINUTES NOVEMBER 14, 2001 PAGE 10