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HomeMy WebLinkAboutMinutes 2001-12-12 MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO SPECIAL MEETING DECEMBER 12, 2001 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE 1. Call to Order: 6:50 p.m. 2. Roll Call: Present: Absent: (Cassette Tape No. 1) Councilmembers Fernekes, Green and Matsumoto, Mayor Pro Tem Gonzalez and Mayor Mullin None. 3. Public Comments: None Interview applicants for the Parking Place Commission Applicants were interviewed in the following order and responded to questions from each Councilmember. (Questions are consistent with those asked at previous Board and Commission interviews.) · Ms. Barbara Irli · Mr. Efrain "Frank" Roman o o Discussion and appointment Mayor Mullin requested a vote by ballot. The results of the ballot were five unanimous votes for the reappointment of Ms. Barbara Ifil, term ending December 31, 2004. Adjournment Motion-Fernekes/Second-Green: To adjourn the meeting at 7:29 p.m. Approved by voice vote. Submitted by: · Payne, City City of South San Francisco Approved: City of South San Francisco MINUTES CAPITAL IMPROVEMENT FINANCING AUTHORITY OF THE CITY OF SOUTH SAN FRANCISCO REGULAR MEETING DECEMBER 12, 2001 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE 1. Call to Order: 2. Roll Call: 6:53 p.m. (Cassette Tape No. 1) Present: Boardmembers Fernekes, Green and Matsumoto, Vice Chair Gonzalez and Chairman Mullin Absent: None o Submitted by: Sylvl'a M. Payne, City Cleft City of South San Francisco Oral Communications: None Motion to approve the minutes of the December 13, 2000 special meeting Motion-Matsumoto/Second-Fernekes: To approve the December 13, 2000 special minutes as presented. Approved by voice vote. Adjournment Motion-Matsumoto/Second-Green: To adjourn the meeting at 6:53 p.m. Unanimously approved by voice vote. Approved: · ~in, Chairman City of South San Francisco The entries of this Capital Improvement Financing Authority meeting show the action taken by the Board 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. MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING DECEMBER 12, 2001 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE CALL TO ORDER: 7:34 p.m. (Cassette Tape No. 1) ROLL CALL: Present: Councilmembers Fernekes, Green, and Matsumoto, Mayor Pro Tern Gonzalez and Mayor Mullin. Absent: None. PLEDGE OF ALLEGIANCE: Led by Mayor Mullin. INVOCATION: None given. PRESENTATIONS Water Transit Authority - Ms. Veronica Sanchez, Manager of Community and Government Relations for the Water Transit Authority, briefed Council on the progress of the Authority's work. The Authority will be submitting a report to the California legislature in December 2002, on recommended new ferry service for the next fifteen to twenty years. She stated that Oyster Point Marina is being studied as a service route to San Francisco and the East Bay. She further discussed the types of ferries that will operate, and the sources of funding (handouts were submitted to Council). Cultural Arts Commission presentation on proposed sculpture garden centerpiece - Parks, Recreation and Maintenance Services Director Nagel briefly updated Council on the sculpture garden project. Cultural Arts Commission Chair Karen Ochsenhirt introduced Vice Chair Susan Yau and Commissioner Joy-Ann Wendler. Commissioner Wendler, sculpture garden subcommittee chair, presented the sculpture garden centerpiece, "Safe Haven". Staff informed Council that the sculpture is approximately 6' tall, it will be set on a base, and lighting is included. There was a consensus from Council to support the Commission's selection of "Safe Haven" as the centerpiece. Director Nagel stated the item will be brought back to Council for formal approval when the artist's contract is agendized. AGENDA REVIEW No changes. PUBLIC COMMENTS None. ITEMS FROM COUNCIL Community Forum · Subcommittee Reports · Discussion of Public Comments time limit Councilwoman Matsumoto reported on the Neighborhood Services Center's annual adopt-a- family program and acknowledged the organizations and businesses that participated. She further reported that she attended the City's annual Fun Run. She asked for Council's consensus on naming the Colma Creek linear park, Sister City Walk. She suggested sister city memorial plaques be installed and their flags be raised during official visits. Mayor Mullin asked that the item be agendized for the January meeting. Councilman Green thanked staff for bringing him up to date on City projects and that there are many events to attend. Mayor Pro Tem Gonzalez reported on recent activities, including Merrill Lynch's Christmas Calls 2001, presenting a certificate of recognition to Eagle Scout Jeffery Gilbert, attending two sessions of the Peninsula Quiz Kids contest, and joining the Salvation Army as a bell ringer. Councilman Fernekes reported on recent activities, including the Fun Run, hosting visitors from Sister City Atotonilco, formulating plans for a student exchange program, and participating in McDonald's annual Thanksgiving breakfast. He commented on the grand opening of the new Grand Avenue Baptist Church on Acacia Avenue, the success of the Cultural Arts Commission's annual photograph show, City employee Marilyn Peters' retirement, and settlement of the South San Francisco Scavenger's employees' contract agreement. Mayor Mullin reported on attending the unveiling of the monument sign recognizing South San Francisco as the birthplace of biotechnology. The sit, n, located on Oyster Point Boulevard, was funded by Genentech, Inc., in celebration of their 25 anniversary. Mayor Mullin informed Council that committee assignments will be made by the end of the year. He further stated that he will be seeking Council's input on regional contested positions before he casts his votes. Mayor Mullin stated his interest in increasing the public speaking time to five minutes, but reserve the right to reduce the time limit to three minutes when there's a controversial issue. Staff stated the Council handbook will need to be modified and agendized. CONSENT CALENDAR Motion to approve the minutes of the November 14 regular meeting and November 27 special meeting Motion to confirm expense claims of December 12, 2001 in the amount of $4,100,870.26 Resolution No. 122-2001, approving agreement with Tillo Products Company, Inc. regarding termination of operation at Tillo site REGULAR CITY COUNCIL MEETING DECEMBER 12, 2001 MINUTES PAGE 2 Resolution No. 123-2001, supporting Proposition 40, Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Act of 2002 o Resolution No. 124-2001, supporting an application to the Metropolitan Transportation Commission (MTC) for the BART-SFO Linear Park o Resolution authorizing execution of an agreement for the Basque Cultural Center Celebration to be held August 24 through August 26, 2002 in Orange Memorial Park Pulled from Consent Calendar. See below for discussion. o Resolution No. 125-2001, authorizing the execution of an agreement with Caltrans related to the Oyster Point Grade Separation Project ° Motion to accept the Forbes Boulevard Rehabilitation Project complete in accordance with plans and specifications o Resolution No. 126-2001, of intention to vacate a strip of street right-of-way along Mission Road and set a public hearing date of February 13, 2002 to consider the abandonment request 10. Resolution No. 127-200 l, awarding the construction contract to Roebuck Construction, Inc. for the Police Department Writing Room Upgrade in the amount of $59,951 11. Resolution No. 128-2001, authorizing the execution of a CDBG loan agreement for facade improvements at the Flow Building, 381-385 Grand Avenue, in an amount not to exceed $45,000 and a $10,000 grant 12. Resolution No. 129-2001, supporting an application for CCAG's Incentive Program for Transit Oriented Development 13. Motion to cancel the regular meeting of December 26, 2001 14. Acknowledgement of proclamations issued: Donna Bramer-Sanchez (Library volunteer), November 17; Marilyn Peters (City employee/retirement), December 6, 2001; and Alvaro Bettucchi (IACC Member of the Year) Mayor Mullin stated he was pulling Item No. 6 due to two speaker cards being submitted. Motion-Fernekes/Second-Gonzalez: To approve the Consent Calendar, with the exception of item No. 6. Unanimously approved by voice vote. Item No. 6: Staff report presented by Director Nagel. Mr. Xabier Berrueta and Ms. Nichole Hauscarriague, members of the Basque Cultural Center Board of Directors, presented information on the organization, planned festivities, and that 4,000 people are anticipated to attend the event per day. REGULAR CITY COUNCIL MEETING DECEMBER 12, 2001 MINUTES PAGE 3 Councilwoman Matsumoto stated her support for the event. She noted that there has been an increased usage of Orange Park for large events, and with Council's permission, she asked that a policy be prepared for Council review that will also take into consideration ongoing local activities. Mayor Mullin questioned the number of participants, and Ms. Hauscarriague stated the number of attendees can be increased, but the issue of crowd control is a concern and 4,000 a day was staff's recommendation. Motion-Fernekes/Second-Matsumoto: Resolution No. 130-2001, authorizing an agreement between the City of South San Francisco and the Basque Cultural Center for the Basque Cultural Center celebration. Unanimously approved by voice vote. (Recess: 8:22 P.M. - 8:33 P.M.) PUBLIC HEARING 15. Consideration of General Plan Amendment, Rezone, Subdivision Map, Planned United Development, Development Agreement and EIR (GP, PUD, SA, RZ-00-053 & EIR-00- 053) to allow development of 280 residential units on the west side of Gellert Boulevard, between Westborough Boulevard and Rowntree Way; Applicant: Marbella/DUC Housing; Owner: Thomas Callan; Motion to waive reading and introduce two ordinances and approve two resolutions Councilwoman Matsumoto recused herself from participating, stating she lived within the 500' radius of the proposed development. She commended the Planning Commission for their work and stepped down from her seat. Public hearing opened. Staff report presented by H&CD Manager Fragoso, speaking for Project Planner Allison Knapp. Mr. Joe Fanelli, stated his agreement with the conditions of approval and commented on the collective effort that went into the project's design. He gave a visual presentation of the proposed development, its site, ingress/egress, elevations, architectural design and amenities. Speakers: Ms. Gwen P. Garcia, 549 Avalon Drive, speaking against the project, stated she signed a neighborhood petition against the development, and her concerns include traffic congestion and the over-population of the area. Mr. Victor Chau, 2400 Westchester Court, speaking against the project, submitted a petition signed by 262 Westborough residents urging Council to deny the development. He read the petition's cover letter that cited a few of the neighborhood's concerns, including traffic congestion, geological instability of the slope, and the potential impact on local schools. (Petitions submitted to City Clerk.) REGULAR CITY COUNCIL MEETING DECEMBER 12, 2001 MINUTES PAGE 4 Ms. Marjorie Sieux, 11 Canyon Court, speaking against the project, questioned the modification to the 1991 design plan for Westborough, the lack of information in the public hearing notice, and the definition of affordable housing. She stated that one of the homes above the slope has cracks due to the slope's instability. Mayor Mullin asked that the resident's name and address be submitted to staff for follow-up. Ms. Sieux further stated that petition circulators have given 100% support against the development. Mr. William Nack, 1153 Chess Drive, Foster City, Building and Construction Trades Council, speaking in favor of the project, stated that the project will provide jobs for skilled workers and detailed other economic benefits of the projects. He urged Council to approve the project. Ms. Debra Frenna, 2685 Sean Court, speaking against the project, listed the various construction projects that the City has recently approved that have had an impact on the Westborough area. Ms. Frenna reviewed her concerns regarding the development's impact on local schools, traffic congestion, and the inability of emergency vehicles to respond to calls. She asked for a development moratorium until traffic concerns are resolved. In conclusion, she stated her objection to the three 40' retaining walls, for aesthetic reasons. Ms. Anne Garry, 2455 Unwin Court, speaking against the project, stated her concern regarding the impact of the development on the community and the stability of the slope. Mr. Gary Saunders, 1519 Rollins Road, Burlingame, Plumbers and Steamfitters Union, speaking in favor of the project, stated the project will provide jobs for union members and affordable housing. He stated his objection to a previous speaker's insinuation that an affordable housing project will increase crime in a given area. Mr. Wayne Toring, 3829 Radburn Drive, speaking against the project, stated his objection to the slope area being referred to as "open space". He also objected to the tot lot not being accessible to the public, that the project is actually six stories high, essentially a gated community, and that there are no other projects like this in the city. He speculated that the Westborough area is being prepared for redevelopment. Mr. Toring further questioned the term affordable housing and who will administer the marketing of those units. He stated his confusion regarding documents that were made available to the public by the Planning Division. Mr. Toring asked that survey monitors be placed at the end of each court above the slope area, and that no further waivers be given to the developer. Mr. Michael Baum, 3967 Geddes Court, speaking against the project, stated that his concerns include the increased congestion in the Westborough area, due to traffic impacting Westborough Boulevard and King Drive. He questioned the increase from the original application of 74 units to 280 units, and wanted to know the City's goals. Mr. Ray Mendoza, 1057 Grand Avenue, speaking in favor of the project, stated that he is a plumber and that the development is a desirable place for him to seek work and thereafter, a place to live. REGULAR CITY COUNCIL MEETING DECEMBER 12, 2001 MINUTES PAGE 5 Mr. Gabriel Arias, 2412 Williams Court, speaking against the project, stated that there are major traffic problems on Westborough Boulevard during commute time due to traffic from Pacifica. He questioned the preferential "affordable housing" requirement, and asked who will be responsible for post-construction slope problems. Ms. Rosa M. Asbra, 2884 Radburn Drive, speaking against the project, stated concern that her property may be affected by the development and that she and other homeowners are experiencing water seeping through cracks in their foundations. She stated that many Westborough residents are unaware of the proposed Marbella development. Public hearing closed. Mr. Eric McCurran, the City's engineering geologist/consultant, discussed the stability of the slopes. He stated that the ponding of water in one area of the site is caused by a leaky sewer from above the slope. He stated that the terraced retaining walls will increase the stability of the slope, that homes above the slope will not be affected by the development and the cracks that are occurring are independent from the Marbella site. He suggested a crack survey be conducted before and after construction. Mayor Mullin requested the survey be a condition of the project. Mr. McCurran stated that the developer will be repairing V-ditch benches, where ponding is occurring, and that the buildings will be built to seismic standards. Councilman Green asked for a comparison between the Marbella slope and the Junipero Serra/Hickey slope. Mr. McCurran stated the Junipero Serra slope is steeper and staff stated that to their knowledge, none of the homes on Longford Drive have been affected by the slope repair work. Councilman Green asked if the three terraced retaining walls areas will be open space (accessible to the public) and Mr. McCurran stated that the area is not for people to use. In response to Councilman Fernekes, Mr. McCurran stated that the earthquake fault does not run through the development area, although seismic shaking will be experienced. Councilman Fernekes further discussed with Mr. McCurran the crack survey process and the use of gauges to monitor cracks. Mr. McCurran recommended the survey monuments (instruments) be installed in hillside walls, not just at the top of the slope. City Manager Wilson stated that the monitoring of the instruments will most likely be done by a consultant for the City, but the issue has not yet been discussed by staff. Mayor Pro Tem Gonzalez further discussed the monitoring program with Mr. McCurran and stated his support for the pre-construction crack monitoring program. (Recess: 10:05 p.m. - 10:17 p.m.) (Cassette Tape No. 2) Mayor Mullin discussed with staff the issue of affordable housing, explaining each of the categories, and that the affordable housing units will be interspersed with the market rate units. He stated the benefits of more children attending local schools, and the retention of teachers who will be able to live where they work. He stated that Council requested from the developer that the number of affordable units be increased due to the REGULAR CITY COUNCIL MEETING DECEMBER 12, 2001 MINUTES PAGE 6 ABAG mandate. He further discussed the current economic problems that prevent City employees from living locally. Councilman Fernekes discussed with Fire Chief Lee and Police Chief Raffaelli the very low number of City employees that are able to live in the City and that the low percentage is probably the same for teachers. He stated that if people are able to live in the city where they work, it will lessen the amount of traffic on the roads. Council further discussed the ABAG allocation mandate and that all towns and cities in the state must do likewise. The discussion continued regarding the proposed shuttle system that will take residents to various transit stations/terminals. In response to Councilman Green, Assistant City Attorney Johnson explained the 300' public hearing notification requirement and the 500' conflict of interest regulation that affected Councilwoman Matsumoto. Councilman Green suggested the 300' requirement be increased to 500'. Mr. Mark Spencer, DKS, City's traffic consultant, addressed traffic impacts and that intersections being directly impacted are Westborough/Olympic, King/Gellert, and the Westborough Shopping Center driveway on Gellert Boulevard. He reviewed the conditions of each intersection, proposed mitigation measures, and stated that the shopping center driveway is unmitigatable due to its location. He stated that any development at the Callan site will impact the level of service at the three intersections. He further reviewed other Westborough intersections that have existing problems, which the City must mitigate. Mr. Dan McCoy, Marbella project team member, discussed the elements of the shuttle program, that will include efficiency and reliability. In response to Mayor Pro Tem Gonzalez, staff stated that the developer will be participating in the cost of improvements. City Manager Wilson and Mr. Spencer stated that the shopping center's unsignalized driveway on Gellert Boulevard can not be relocated due to the lay-out of buildings at the shopping center site. Councilman Green discussed with the Mr. Spencer the Gellert/King intersection, where a second northbound left turn lane is being proposed as an alternative to a signal. Councilman Green questioned the preferred parking program for residents who participate in the ride-sharing program and who are still being deeded parking spaces. Mr. Fanelli stated that there is a logistics problem that still needs to be addressed with staff. Mayor Mullin responded to a speaker's concern regarding Westborough becoming a redevelopment area and the impossibility of that occurring. Staff concurred. Mayor Mullin questioned the locked tot lot and Mr. Fanelli stated it was for the security of the children. He stated that the tot lot is for the residents of the development and that this is common practice. Police Sergeant Newell concurred. Project Planner Knapp commented that staff did not recommend the gate being locked. Mayor Mullin requested the locked gate issue be re-visited. Councilman Green questioned the Gellert/King intersection mitigation for two left turn lanes. Sergeant Newell stated that this is unusual and difficult to manage. Mr. Spencer REGULAR CITY COUNCIL MEETING DECEMBER 12, 2001 MINUTES PAGE 7 concurred; he stated a traffic signal is warranted, but Daly City was not interested in sharing the cost of a signal. Mayor Mullin stated his support for the intersection to be signalized. Assistant City Attorney Johnson confirmed that the signal was the preferred mitigation, but alternatives were recommended to mitigate the impact under the EIR. Council concurred that the preferred mitigation measure is signalizing the intersection. Mayor Pro Tem Gonzalez asked what magnitude of an earthquake can the buildings sustain and Mr. Frank Berloger, the applicant's geotechnical consultant, responded that the site is in the highest earthquake zone and the buildings are designed to resist the expected earthquakes from the San Andreas fault. In response to Councilman Fernekes, Mr. Berloger indicated that during the preliminary study, soil tests were conducted to determine the stability of the slope. Mr. McCurran stated that the slope will be more stable than it is now with the clean-up and drainage of the ponding area. Councilman Green confirmed with staff the number of parking spaces included in the development will be the required 630 spaces. He stated skepticism that residents will limit the number of cars they own to two. Mayor Mullin voiced his support for a reciprocal parking agreement with the commercial property owners across the street. Principal Planner Kalkin stated that a provision for a reciprocal parking agreement can be included as a condition of approval. In response to one speaker's concerns, Mayor Mullin stated that there are similar developments being planned for South San Francisco, including a proposed development in the Terrabay subdivision. Councilman Fernekes stated that the Camino Court townhouse condominium development on El Camino Real is also similar to Marbella. In response to Councilman Fernekes, staff stated that the applicant is responsible for installing landscaping along the slope, and the homeowners' association is responsible for long-term maintenance. In response to Councilman Fernekes, Mr. Fanelli stated that the decision on what type of structure will occupy the 5,500 square foot recreation area will be determined by the applicant, based on market research of what the residents will want, e.g., club house, exercise facility, etc. Councilman Fernekes asked who will be responsible if there is damage to homes above the slope due to construction of the Marbella project and Assistant City Attorney Johnson stated that if damage is caused due to cutting of the slope then the owner of the Marbella property is responsible. She added that the homeowners' association is responsible for maintaining the slope after construction is completed. Councilman Fernekes asked if the notification process was flawed and staff responded that the notification process met the requirements of both the government code and City ordinances. Councilman Fernekes asked if emergency vehicles will be able to respond and Chief Lee stated he found no problems. Councilman Green discussed with staff the different Fire Department equipment that will be able to respond to the site and reach fourth floor balconies. Chief Lee stated that the department's Quints will not reach that high, but fire sprinklers and alternative means of egress are factored into the project. Chief Building Official Kirkman stated REGULAR CITY COUNCIL MEETING DECEMBER 12, 2001 MINUTES PAGE 8 that fire engines can drive onto the site, but will not be able to access between the structures, that will have to be done manually. Police Chief Raffaelli stated that patrol units will be able to patrol the site. In response to Mayor Pro Tem Gonzalez, Mr. Ken Rhodie, project architect, stated that each building has its own elevator and trash chutes that go into an enclosed trash room in the parking garage. Mayor Pro Tern Gonzalez commented that good property management and well maintained landscaping will lead to less crime. Mayor Mullin stated his support for the project. Motion-Fernekes/Second-Gonzalez: (Resolution No. 131-2001) Certification of the Environmental Impact Report EIR-00-053 for the project, including a Statement of Overriding Considerations related to unmitigatable traffic impacts. Approved by the following roll call vote: AYES: Councilman Fernekes, Mayor Pro Tem Gonzalez and Mayor Mullin. NOES: None. ABSTAIN: Councilmembers Green and Matsumoto. ABSENT: None. Motion-Fernekes/Second-Gonzalez: (Resolution No. 132-2001) Approve the General Plan Amendment (GP-00-053) to change the current designation of mixed medium density residential/commercial to high density residential and to modify the language contained in the Westborough Implementing Policy 3.11-4-2 and Guiding Policy 3.1 l- G-1. Approved by the following roll call vote: AYES: Councilman Fernekes, Mayor Pro Tem Gonzalez and Mayor Mullin. NOES: None. ABSTAIN: Councilmembers Green and Matsumoto. ABSENT: None. Councilman Green stated he is abstaining for the reason that he has not participated in previous discussions, that he has only been on Council for fifteen days and was not privy to the study sessions that were held. Assistant City Attorney Johnson advised Council to include in the motion for the ordinances the wording "to waive reading and introduce an ordinance". Councilman Fernekes requested the waive reading and introduction be done by separate motions. Motion-Gonzalez/Second-Fernekes: To waive reading of an ordinance related to Rezone (RZ-00-053) to change the zoning of the site from C- 1 to R-3-L. Approved by voice vote. Abstain: Councilwoman Matsumoto. Motion-Gonzalez/Second-Fernekes: (To introduce) an ordinance RZ-00-53 to change the zoning of the site from C-1 to R-3-L. Approved by the following roll call vote: AYES: Councilman Fernekes, Mayor Pro Tern Gonzalez and Mayor Mullin. NOES: None. ABSTAIN: Councilmembers Green and Matsumoto. ABSENT: None. Motion-Fernekes/Second-Gonzalez: To approve Planned Unit Development (PUD-00- 053) to allow a change in height limit in the R-3-L District from 50 feet to 70 feet, private streets, and other changes from standards as noted, with conditions as recommended. Approved by the following roll call vote: AYES: Councilman Fernekes, Mayor Pro Tem Gonzalez and Mayor Mullin. NOES: None. ABSTAIN: Councihnembers Green and Matsumoto. ABSENT: None. REGULAR CITY COUNCIL MEETING DECEMBER 12, 2001 MINUTES PAGE 9 Mayor Mullin asked for clarification on the next motion. After a lengthy discussion Assistant City Attorney Johnson stated the revised conditions of approval will include as follows: Should overflow parking become a problem the applicant shall take immediate steps to remedy the situation, including that a good faith effort to establish reciprocal parking arrangements with nearby properties or employ on-site parking management efforts to alleviate the problem. Council discussed the lock on the tot lot gate. City Manager Wilson stated that staff will work with the developer to meet Council's objectives. Assistant City Attorney Johnson requested that Council accept general wording for the revised conditions of approval that will allow staff to review the tape for the precise wording. Council concurred. Prior to issuance of a grading permit, the developer shall conduct a crack survey along the uphill slope and provide slope instrumentation and other items as requested by Council at the hearing of December 12, 2001. Council discussed with staff the alternative mitigation measures for the Gellert/King intersection. City Manager Wilson stated that the Capital Improvement Program will need to be looked at if Council wanted the intersection to be signalized. There was a consensus from Council that the intersection be signalized. In reference to the EIR and the Mitigation Monitoring Reporting Program, Assistant City Attorney Johnson recommended that the language "should be implemented" be converted to "shall" so that the developer is under an obligation to impose one of the two alternatives. Council concurred. Assistant City Attorney Johnson continued with the revised conditions of approval: The City has the ability to enforce any of the provisions of the CC&R's conditions in the event that certain obligations fail, and problems are created for residents and the surrounding areas. Motion-Fernekes/Second-Gonzalez: To approve Vesting Tentative Subdivision Map SA-00-053, dated October 5, 2001, and incorporate the conditions of approval as noted at the December 12, 2001 hearing. Approved by the following roll call vote: AYES: Councilman Fernekes, Mayor Pro Tem Gonzalez and Mayor Mullin. NOES: None. ABSTAIN: Councilmembers Green and Matsumoto. ABSENT: None. Motion-Gonzalez/Second-Fernekes: To waive reading of an ordinance adopting a development agreement with DUC South San Francisco for the Marbella Housing Subdivision Project. Approved by voice vote. Abstain: Councilwoman Matsumoto. Mayor Mullin asked for clarification on the next motion. Assistant City Attorney Johnson stated that amended language to the Marbella Development Agreement was REGULAR CITY COUNCIL MEETING DECEMBER 12, 2001 MINUTES PAGE 10 submitted to Council for consideration and that there is one additional change to remove language: "within the 10 and 15 percent range", Page 17, Subsection "B", fourth line. Motion-Fernekes/Second-Gonzalez: To introduce an ordinance adopting a development agreement with DUC South San Francisco for the Marbella Housing Subdivision Project, including the modification as noted above. On the question: Councilman Green voiced his concerns with the project and the impact it will have on the community. He stated he must vote "no" on the project due to his campaign promise to protect the neighborhoods and to protect the quality of life for residents of South San Francisco. Mayor Mullin questioned Councilman Green's decision to vote "no" after abstaining on previous motions. Councilman Green responded that the previous motions had to do with study sessions that he was not privy to, whereas he attended the Planning Commission meeting and heard all the arguments for and against the project, and is able to base a decision on that information. Mayor Mullin reiterated his support for the project. He stated he would not vote for anything that would be detrimental to the quality of life, and that the project meets the goals of the City, ABAG and the State of California. Mayor Pro Tem Gonzalez reiterated his support for the project and that there is a need to preserve and a need to provide. He stated that he understands the community's concerns, but that there is a need to provide housing. Motion continued: Approved by the following roll call vote: AYES: Councilman Fernekes, Mayor Pro Tem Gonzalez and Mayor Mullin. NOES: Councilman Green. ABSTAIN: Councilwoman Matsumoto. ABSENT: None. Assistant City Attorney Johnson requested Council redo the motion certifying the EIR. Motion-Fernekes/Second-Gonzalez: To approve Resolution No. 131-2001, certifying the 2001 Environmental Impact Report for the Marbella Housing Subdivision, including adoption of findings regarding significant and potentially significant impacts, a statement of overriding considerations and a mitigation monitoring plan. Approved by voice vote. Abstain: Councilmembers Green and Matsumoto. (Recess: 12:06 a.m.- 12:10 a.m.) Councilwoman Matsumoto returned to her seat. LEGISLATIVE BUSINESS 16. Motion to adopt an ordinance adding SSFMC Chapter 20.125, Inclusionary Housing Requirements Staff report presented by Assistant City Attorney Johnson. Motion-Fernekes/Second-Green: Adopt Ordinance No. 1303-2001, adding Chapter 20. 125, inclusionary housing requirements, to the South San Francisco Municipal Code. Approved by roll call vote. Abstain: Councilman Green. Counsel advised Councilman Green to abstain, as he was not on Council when the ordinance was introduced. Mayor Mullin requested Councilman Green's vote be recorded as an abstention. REGULAR CITY COUNCIL MEETING DECEMBER 12, 2001 MINUTES PAGE 11 17. Motion to adopt an ordinance adding SSFMC Chapter 20.130, Density Bonus Motion-Fernekes/Second-Matsumoto: Adopt Ordinance No. 1304-2001, adding Chapter 20.130, Density Bonus, to the South San Francisco Municipal Code. Approved by roll call vote. Abstain: Councilman Green. ADJOURNMENT Motion-Gonzalez/Second-Fernekes: To adjourn the meeting at 12:12 p.m. Unanimously approved by voice vote. Submitted by: Syl i~M. Uayne, City Ci~~-' City of South San Francisco Approved: Mayor City~5'[ 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 DECEMBER 12, 2001 MINUTES PAGE 12