HomeMy WebLinkAboutMinutes 2017-01-11 @7:00 MINUTES 011 1°SANF CITY COUNCIL
__ CITY OF SOUTH SAN FRANCISCO
REGULAR MEETING
c91/Folae'
MUNICIPAL SERVICES BUILDING
COUNCIL CHAMBERS
33 ARROYO DRIVE
SOUTH SAN FRANCISCO, CA
WEDNESDAY, JANUARY 11, 2017
7:00 p.m.
CALL TO ORDER Time: 7:09 p.m.
ROLL CALL Present: Councilmembers Addiego and Matsumoto,
Vice Mayor Normandy and Mayor Gupta.
Absent: Councilmember Garbarino.
Recess: 7:31 p.m.
Meeting Resumed: 7:32 p.m.
Recess: 9:30 p.m.
Meeting Resumed: 9:40 p.m.
PLEDGE OF ALLEGIANCE
Led by Mayor Gupta.
AGENDA REVIEW
None.
PUBLIC COMMENTS
None.
Mayor Gupta announced a special surprise item. City Manager Futrell introduced Executive
Director for Peace Officer Standards and Training (POST), Manny Alvarez, Jr. to present a
distinguished award.
Executive Director Alvarez explained that POST has requirements including mandatory courses of
study for police officers to receive advanced certificates as they advance in their careers. Only one
percent of eligible peace officers receive the Executive Certificate. Since the inception of POST in
1959, there have only been approximately 1,500 Executive Certificates given which is only 22 per
year. The Executive Certificate was read for Chief Azzopardi for his outstanding achievement.
Chief Azzopardi stated that it has taken him 24 wonderful years to receive this award. He started
his career in South San Francisco and he wouldn't work anywhere else. He introduced his family
present.
COUNCIL COMMENTS/REQUESTS
Councilmember Matsumoto requested that the meeting be adjourned in memory of Harry
Haimovitch, father of Parks Manager Samantha Haimovitch and Tony Marvier, his wife Joan
served on the Library Board for many years.
Councilmember Matsumoto attended the Transportation Authority. There was a report on the
shuttle service in the county and the South San Francisco shuttle has increased ridership. The
Transportation Authority will be spending$163 Million to kick start the electrification of CalTrain.
Councilmember Matsumoto queried the status of adopting storm drains. City Manager Futrell
stated that the program will be rolling out soon.
Councilmember Addiego recognized the outstanding work of the Police, Fire and Public Works
departments during the recent storms.
Councilmember Addiego advised that on December 17, 2016, at 8:00 in the morning over 1,000
volunteers arrived and placed over 11,000 wreaths on veterans' headstones in Golden Gate
Cemetery for the Wreaths Across America Program. This year as each wreath was placed the
veteran's name was said out loud.
Mayor Gupta asked that the City Manager report on the recent storms and the expenses to the city.
City Manager Futrell reported that over the past four days there was localized flooding. There is
another major storm coming and he asked that the community not let their guard down, exercise
common sense and in an emergency call 9-1-1. The ground is saturated and there could be downed
trees and more localized flooding.
PUBLIC HEARING
1. Report regarding General Plan Amendment, Terrabay Specific Plan Amendment (Phase III),
Terrabay Precise Plan Amandment, Zoning Ordinance Amendment, Transportation Demand
Management Plan Modification, Design Review and Addendum to the 1998/99 and 2005
Certified Supplemental Environmental Impact Reports to construct an `Amenity Building'
defined as and consisting of a hotel, wellness center, restaurant, retail and various amenities
adjacent and connected to the North Tower where a Product Design Studio was approved in
2008 (Resolution 89-2008) at One and Two Tower Place in the Terrabay Specific Plan Zone
District in ccordance with South San Francisco Municipal Code Chapters 20.240, 20.310,
20.330, 20.400, 20.460, 20.480, 20.530, 20.540 & 20.550. (Allison Knapp, Planning
Consultant)
1 a. Resolution 01-2017 making findings and determining that the 2016 Addendum to the 1980
Environmental Impact Report (EIR), 1996, 1998/99 and 2005/06 Supplemental
Environmental Impact Reports and 2000, 2006, 2008, 2012 and 2015 Addenda to those
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MINUTES PAGE 2
reports is the appropriate environmental document for the 2016 Terrabay (Genesis
Campus 2016 Amenity Building) Project.
lb. Resolution 02-2017 making findings and approving amendments to the General Plan,
Terrabay Phase II and III Final Specific Plan, Terrabay Specific Plan Zoning District
Ordinance, Terrabay Precise Plan, Transportation Demand Management Program and
approving Design Review to permit the construction and use of an Amenity Building for
the Genesis Campus Project. ("Terrabay Phase III").
1 c. Ordinance making revisions and clarifications to Chapter 20.240 of the South San
Francisco Municipal Code related to the Terrabay Specific Plan District.
Public Hearing Opened: 7:33 p.m.
Planning Consultant Knapp presented the staff report recommending that the Council adopt a
resolution making findings and considering the 2016 Addendum as the appropriate environmental
document for the 2016 Genesis Amenity Building Project; hold a public hearing on an Ordinance
making revisions and clarifications to Chapter 20.240 of the South San Francisco Municipal Code
related to the Terrabay Specific Plan District; and adopt a resolution making findings and approving
amendments to the General Plan, Terrabay Phase II and III Final Specific Plan, Terrabay Specific
Plan Zoning District Ordinance, Terrabay Precise Plan, Transportation Demand Management
Program and approving Design Review to permit the construction and use of an Amenity Building
for the Genesis Campus Project. ("Terrabay Phase III").
The applicant and a representative from SOM gave a PowerPoint presentation highlighting the
proposed changes outlined in the staff report.
James Ruigomez, representing the San Mateo County Building and Construction Trade, spoke on
behalf of their twenty-six local unions. He stated that there is potential for City revenue and the
potential jobs that the project could provide for the union workers. He urged the Council to approve
the item.
Councilmember Matsumoto stated that this is a great project.
Councilmember Addiego stated that he was disappointed with the design of the building. He
thanked Phase III for delivering a hotel that was promised many years ago.
In response to a question from Mayor Gupta regarding public transportation access, the developer
stated that there is currently shuttle service at the site in front of the South tower and would be
happy to work with other groups. Planning consultant Gross stated that all of the traffic impacts
have been mitigated.
Public Hearing Closed: 7:56 p.m.
Motion—Councilmember Matsumoto/Second—Councilmember Addiego: to approve Resolution
No. 01-2017 making findings and determining that the 2016 Addendum to the 1980 Environmental
Impact Report (EIR), 1996, 1998/99 and 2005/06 Supplemental Environmental Impact Reports and
2000, 2006, 2008, 2012 and 2015 Addenda to those reports is the appropriate environmental
document for the 2016 Terrabay (Genesis Campus 2016 Amenity Building) Project. Approved by
REGULAR CITY COUNCIL MEETING January 11,2017
MINUTES PAGE 3
the following roll call vote: AYES: Councilmembers Addiego and Matsumoto, Vice Mayor
Normandy and Mayor Gupta; NAYS: None; ABSENT: Councilmember Garbarino; ABSTAIN:
None.
Motion—Vice Mayor Normandy/Second—Councilmember Addiego: to introduce an ordinance
making revisions and clarifications to Chapter 20.240 of the South San Francisco Municipal Code
related to the Terrabay Specific Plan District and waiving further reading. Approved by the
following roll call vote: AYES: Councilmembers Addiego and Matsumoto, Vice Mayor Normandy
and Mayor Gupta; NAYS: None; ABSENT: Councilmember Garbarino; ABSTAIN: None.
Motion—Councilmember Addiego/Second—Councilmember Matsumoto: to approve Resolution
No. 02-2017 making findings and approving amendments to the General Plan, Terrabay Phase II
and III Final Specific Plan, Terrabay Specific Plan Zoning District Ordinance, Terrabay Precise
Plan, Transportation Demand Management Program and approving Design Review to permit the
construction and use of an Amenity Building for the Genesis Campus Project. ("Terrabay Phase
IIP'). Approved by the following roll call vote: AYES: Councilmembers Addiego and Matsumoto,
Vice Mayor Normandy and Mayor Gupta; NAYS: None; ABSENT: Councilmember Garbarino;
ABSTAIN: None.
ADMINISTRATIVE BUSINESS
2. Study Session: Overview and Update on Marijuana Laws and Council Direction on Possible
Next Steps. (Mike Futrell)
City Manager Futrell presented the staff report advising that this was the first overview and update
on the marijuana changes and impacts since the passage of Proposition 64.
City Attorney Rosenberg addressed the legal issues that the Council can and cannot address with the
new law.
Finance Director Lee spoke to the potential revenue from allowing retail locations within the City.
Police Chief Azzopardi spoke on impacts the Police Department could face in addition to internal
training that he anticipates being needed.
The key issues to consider:
• Licenses–Allow commercial marijuana activities and to what degree?
• Taxes–Impose a local tax on commercial activity?
• Personal Use–Allow outdoor cultivation?
• Coordination – To what extent should the City coordinate with the County and/or other
cities in developing policies?
• Temporary Moratorium–City enact a temporary moratorium to allow further study?
John Ulrich requested that the Council consider retail and maintain local control.
Jennifer Garcia with UFDW Local 648 spoke in support of retail and would like the Council to
consider regulations in order to provide good jobs for union workers.
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James Estelta spoke in favor of retail citing that residents are currently obtaining their medical
cannabis from other counties.
Natalie Gore stated that she would like to see a moratorium in order to investigate the nuisances and
health issues that are involved. The homes are close together and it is unpleasant to wake up due
from the smell.
David Newman urged the Council to study the issue and is in favor of bringing retail to South San
Francisco.
Councilmember Matsumoto stated she supported medical marijuana and she did research on this
and visited a retail location that was in a neighborhood. She would like to better understand how
many jobs this would bring. She stated there is more in-depth research that needs to be done. She
is in favor of a moratorium.
In response to Councilmember Matsumoto, City Manager Futrell advised that the City could adopt
an ordinance allowing only certain locations and amounts that could be grown.
City Attorney Rosenberg stated that if a grow house in a backyard is locked and secure, it is
considered indoors for this purpose.
Vice Mayor Normandy stated that she hopes landlords will amend their agreements to completely
ban indoor growth. She would like to see a study session on retail including potential traffic
impacts.
Councilmember Garbarino sent an email with questions and City Manager Futrell read those into
the record.
Councilmember Addiego stated that a lot of product comes into South San Francisco every day and
that will not stop. He is supportive of a moratorium.
Mayor Gupta is supportive of a moratorium and stated that the police will need to learn how to deal
with driving under the influence of marijuana.
City Manager Futrell stated that the City cannot regulate indoor cultivation of six plants nor stop the
smoking inside their own single family home. Medical marijuana is currently exempt from
taxation.
There was Council consensus on the following:
• Bring back a moratorium on January 25th
• No outdoor cultivation for personal use
• Study retail and other commercial taking into account where and how many
• Disregard taxes at this time
• Collaborate with other cities in the County
3. Report regarding a resolution approving the South San Francisco Fraud Policy and establishing
a fraud hotline for the City of South San Francisco. (Richard Lee, Director of Finance)
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3a. Resolution No. 03-2017 approving the South San Francisco Fraud Policy and establishing
a fraud hotline for the City of South San Francisco.
Director of Finance Lee presented the staff report recommending approval of the resolution
establishing a Fraud Policy and fraud hotline.
In response to a question from Councilmember Matsumoto, Finance Director Lee stated this is not
currently a problem.
Councilmember Matsumoto voiced concern that the hotline will be monitored by Human
Resources. City Manager Futrell stated that HR has the experience and training to deal with all
types of confidential matters and that if it a criminal matter, the Police Department would be
brought in.
Councilmember Matsumoto stated that she is concerned with retaliation and that with the
whistleblower there will be a target on their back. She would like a quarterly report on what has
been submitted.
City Manager Futrell stated that having a policy is a step in the right direction and reiterated this is
not in response to a problem.
Director of Finance Lee stated that this is a best practice.
Vice Mayor Normandy stated that she appreciates the process.
Motion—Councilmember Addiego/Second Vice Mayor Normandy: to approve Resolution No. 03-
2017 approving the South San Francisco Fraud Policy and establishing a fraud hotline for the City
of South San Francisco. Approved by the following roll call vote: AYES: Councilmembers
Addiego and Matsumoto, Vice Mayor Normandy and Mayor Gupta; NAYS: None; ABSENT:
Councilmember Garbarino; ABSTAIN: None.
4. Report regarding a resolution approving a Purchase and Sale Agreement with 150 Airport SSF
LLC, a California Limited Liability Company for the Acquisition of City-Owned Parcels at
178-190 Airport Boulevard. (Ron Gerber, Manager of Housing& Redevelopment)
4a. Resolution No. 04-2017 approving a Purchase and Sale Agreement with 150 Airport SSF
LLC, a California limited liability company, for the purchase of 178-190 Airport
Boulevard and authorizing the City Manager to execute said Agreement.
Economic and Community Development Director Greenwood presented the staff report
recommending approval of the resolution approving the Purchase and Sale Agreement.
In response to a request by Councilmember Matsumoto, City Manager Futrell explained the process
approved by the 2014 Downtown Specific Plan, which allows projects not requesting any special
favors to move more quickly through the approval process.
James Ruigomez, representing the San Mateo County Building and Construction Trade, spoke in
favor of the item.
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Councilmember Addiego stated that with the passage of this Purchase and Sale agreement it makes
for a better and much enhanced project.
Motion—Councilmember Addiego/Second Vice Mayor Normandy: to approve Resolution No. 04-
2017 approving a Purchase and Sale Agreement with 150 Airport SSF LLC, a California limited
liability company, for the purchase of 178-190 Airport Boulevard and authorizing the City Manager
to execute said Agreement Approved by the following roll call vote: AYES: Councilmembers
Addiego and Matsumoto, Vice Mayor Normandy and Mayor Gupta; NAYS: None; ABSENT:
Councilmember Garbarino; ABSTAIN: None.
CONSENT CALENDAR
5. Motion to approve the minutes from the meetings of November 7, 2016 and December 14,
2016.
6. Motion confirming payment registers for January 11, 2017. (Richard Lee, Director of Finance)
7. Report regarding a resolution authorizing the filing of an application for funding assigned to
MTC, committing any necessary matching funds, and stating assurance to complete the 2018-
2019 South San Francisco Pavement Rehabilitation Project. (Sam Bautista, Principal Engineer)
7a. Resolution No. 05-2017 authorizing the filing of an application for funding assigned to
MTC, committing any necessary matching funds, and stating assurance to complete the
2018-2019 South San Francisco Pavement Rehabilitation Project.
8. Report regarding resolution transmitting Comprehensive Annual Financial Report (CAFR) and
other year-end reports for Fiscal Year 2015-16 to the City Council. (Richard Lee, Director of
Finance)
8a. Resolution No. 06-2017 accepting the Comprehensive Annual Financial Report and other
year-end reports for Fiscal Year(FY) 2015-16.
9. Report regarding an ordinance amending the South San Francisco Municipal Code Chapter
20.360 as well as sections 6.90.080, 10.36.178, 20.220.011, 20.230.009, 20.240.012,
20.240.013, 20.350.023, 20.340.003, 20.350.028, 20.350.030, 20.350.034, and 20.450.005 to
refine, clarify, and correct regulations as they relate to signs and signage in the City. (Billy
Gross, Senior Planner)
9a. Ordinance No. 1529-2017 amending Chapter 20.360 and Sections 6.90.080, 10.36.178,
20.220.011, 20.230.009, 20.240.012, 20.240.013, 20.340.003, 20.350.023, 20.350.028,
20.350.030, 20.350.034, and 20.450.005 of the Zoning Ordinance of the South San
Francisco Municipal Code pertaining to the regulation of Signs.
The Interim City Clerk duly read the Consent Calendar, after which Council voted and engaged in
discussion of specific items as follows:
Item No 5: For the December 14, 2016 minutes correct the spelling in the adjournment section to
Muzio Evars.
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Item No. 8: Councilmember Matsumoto queried why City Council budget increased, the Parks &
Recreation Department was below budget, why United Airlines was no longer a principle employer
and were the number of employees being used Full Time Equivalent(FTE).
Finance Director Lee stated that the City Council was most likely due to health benefits as they are
budgeted using a city-wide average. The Parks & Recreation Department had a surplus in
employee costs and supplies. United Airlines could be due to their administrative offices no longer
being in South San Francisco. The number of employees is in fact FTE.
Motion—Councilmember Matsumoto/Second Vice Mayor Normandy: to approve the Consent
Calendar by the following roll call vote: AYES: Councilmembers Addiego and Matsumoto, Vice
Mayor Normandy and Mayor Gupta; NAYS: None; ABSENT: Councilmember Garbarino;
ABSTAIN: None.
ITEMS FROM COUNCIL–COMMITTEE REPORTS AND ANNOUNCEMENTS
Councilmember Addiego thanked Ms. Roberts for assisting while the City Clerk is out on maternity
leave.
Vice Mayor Normandy thanked the City Manager and the department heads for the round table
discussion regarding the City Clerk and the City Clerk Department.
Vice Mayor Normandy stated that there needs to be a date set for Sister Cities Ad Hoc meeting.
Interest cards for ABAG alternate and HEART are due tomorrow (January 12, 2017).
ADJOURNMENT
Being no further business, Mayor Gupta adjourned the meeting at 10:21 p.m. in memory of Tony
Marvier and Harry Haimovitch.
Submitted by: Approved by:
(AA fria' WSJ
Margare(S. Roberts, Interim City Clerk Pradeep Gupta, Mayor
City of South San Francisco City of South San Francisco
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MINUTES PAGE 8