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HomeMy WebLinkAboutMinutes 2004-08-11 (2) MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING WEDNESDAY, AUGUST 11, 2004 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE CALL TO ORDER: 7:35 p.m. (Cassette Tape No. 1) ROLL CALL: Present: Councilmembers Fernekes, Garbarino and Gonzalez Vice Mayor Green and Mayor Matsumoto Absent: None PLEDGE OF ALLEGIANCE: Led by City Manager Wilson INVOCATION: Pastor John Cantley, Grace Covenant Church PRESENTATIONS · Proclamation was presented to former City employee Kristeen C. Nunziati by Mayor Matsumoto. AGENDA REVIEW PUBLIC COMMENTS No changes. Ms. Joy-Ann Wendler, president of the Avalon-Brentwood Homeowners Association, gave an account of the illegal activities that have occurred at 380 Alta Vista Drive, a multi-unit structure existing in a single-family neighborhood, that is currently in a slum-like condition. She stated that an estimated 94 disturbing the peace calls were made to the police/fire department and one was made to the coroner's office. She requested that since the structure is now vacant, it be restored to its previous single-family status and brought under the current zoning regulations. Ms. Wendler asked if and when the building permit for the additional units is located, she be informed what the property was zoned at that time. Mr. Fritz Hasenbusch, resident, stated 380 Alta Vista Drive has had a negative impact on his neighborhood. He asked that it be reverted to a legal single-family dwelling that coincides with the neighborhood. Ms. Bonnie Joy Giusti, resident, recounted the numerous unlawful activities at 380 Alta Vista Drive. She stated that although the building is vacant, people are continually entering and leaving the structure. She reiterated previous stated concerns and requested that the home be restored to a single-family residence. Ms. Robin Rolls, resident, reiterated the same concerns regarding 380 Alta Vista Drive, that the neighborhood is looking for protection by enforcing the zoning regulations, and that the structure is being vandalized by children. Mr. Steve Lugo, resident, stated 380 Alta Vista Drive is an attractive nuisance to kids, rats, and raccoons. He spoke regarding the crime and security threats that the neighborhood has been subjected to and the property owner's negligence. Council requested a full report on the activities at 380 Alta Vista Drive, address what alternatives there are to rectify the situation, and directed staff to secure the structure from further break-ins. ITEMS FROM COUNCIL · Announcements · Committee Reports Councilmembers recognized City Manager Wilson on the occasion of his last City Council meeting before his retirement. Each Councilmember stated their appreciation for his work and wished him a well-deserved retirement. Councilmembers reported on attendance at community events, announced upcoming events and fundraisers, and acknowledged members of the community for their contributions. Councilman Garbarino announced that the commercial billboard tax ballot measure will be on the November election and urged voters to consider it carefully. Vice Mayor Green announced the proposed 1% increase to the transient occupancy tax measure will also be on the November ballot. Councilman Fernekes announced a presentation on this year's Day in the Park (September 18) will be given at the next Council meeting. CONSENT CALENDAR 1. Motion to approve the minutes of July 21 and 28, 2004 2. Motion to confirm expense claims of August 11, 2004 in the amount of $6,201,342.38 o Resolution awarding construction contract to Lucas Concrete, Inc. for the annual sidewalk and common greens sidewalk repair project in an amount not to exceed $125,000 Item pulled from the Consent Calendar. Motion to cancel regular meeting of August 25, 2004 Acknowledgement of proclamation issued: Samoan Flag Day, 8/7/04 Mayor Matsumoto requested Item No. 3 be pulled from the Consent Calendar. REGULAR CITY COUNCIL MEETING AUGUST 11, 2004 MINUTES PAGE 2 Motion-Garbarino/Second-Green: To approve Consent Calendar Item Nos. 1, 2, 4, and 5. Unanimously approved by voice vote. Item No. 3: Mayor Matsumoto discussed with Public Works Director White the street tree program and suggested that homeowners be contacted and encouraged to have a tree planted when their sidewalk is repaired. Motion-Gonzalez/Second-Garbarino: To approve Resolution No. 79-2004, awarding a construction contract to Lucas Concrete, Inc. in an amount not to exceed $125,000 for the annual sidewalk and common greens sidewalk repair project. Unanimously approved by voice vote. PUBLIC HEARING o Consideration of appeals of Planning Commission decision to approve a Use Permit Modification (UP-00-025/Mod 1) of a wireless communication facility situated on the California Water Service Co. storage tank property on Avalon Drive near Canyon Court in a Single Family Residential (R-1-C-P) Zoning District in accordance with SSFMC section 20.105; Owner: California Water Service Co.; Applicant: AT&T Wireless a) Appeal of approval ofUP-00-025/Mod 1 (Appellant: Marge Sieux, et al) b) Appeal of conditions of approval pertaining to under grounding the equipment and number of antennas (Appellant: AT&T Wireless/Howard Yee) Public hearing opened. Staff report presented by Chief Planner Sparks. Mayor Matsumoto questioned the public hearing process that took place in June 2000, and staff responded that records indicate that the hearing was legally noticed and that the neighborhood did not voice any concerns until after the facility was in place. Mr. Howard Yee, appellant, representing AT&T, reviewed the chronology of the facility construction and permit process, the neighborhood opposition, and its desire to have AT&T penalized for the work that was done in 2002 without a permit. He stated that the site is necessary to provide service to this area. He explained the basis for the appeal that includes a revised landscape plan to enhance the site. Mayor Matsumoto questioned why Mr. Yee agreed to the Planning Commission's conditions of approval and Mr. Yee reasoned that the proposed alternative plan (an above ground facility) will be less intrusive to the neighborhood and allow more landscaping. Mayor Matsumoto expressed her frustration with AT&T's lack of communication and accountability. Ms. Maria Mai, Callander Associates, reviewed the proposed landscape plan to camouflage the water tank and cell tower facility. REGULAR CITY COUNCIL MEETING MINUTES AUGUST 11, 2004 PAGE 3 Ms. Romanie Rajhboy, resident, speaking in support of the neighborhood appeal, stated her frustration with AT&T, its lack of adhering to local ordinances, the City's notice of hearing process, increased traffic in the area, the neighborhood's united effort against Cal Water's commercial activity at the site and that the utility company will not respond to the neighborhood's concerns. She recited the City's mission statement and core values, and questioned what benefits or contributions AT&T and Cai Water are providing to the City. She urged Council to deny the installation of the cabinet facility. The following residents stated their support for the neighborhood appeal and urged Council to deny the Planning Commission's decision: · Mr. John Chan · Ms. Mila Marquez · Ms. Edwina Wong · Mr. Adam Rajhboy · Mr. Sidney Lam · Ms. Lee Chuen Yue · Ms. Phyllis Quon · Ms. Roshelle Chan · Ms. Karen Chan Ms. Marge Sieux, speaking in support of the neighborhood appeal, provided background information on the neighborhood opposition to the AT&T facility and frustration with the public hearing notification process. She addressed adverse impacts of the site to property valuation, the City's failure to penalize the applicant, and provided a detailed accounting of the prolonged use permit process. Ms. Sieux further objected to AT&T submitting a revised proposal and landscape plan and suggested the landscaping be mandatory. (Copies of AT&T Wireless' May 14, 2004 letter to the Planning Commission were submitted to Council). Ms. Brenda Leus, speaking in support of the neighborhood appeal, stated that there are cancer-causing health issues associated with cellular facilities that the City needs to address. Public hearing closed. (Recess: 9:35 pm - 9:43 pm) Vice Mayor Green discussed with staff the penalties that the City may impose, which, staff explained is the doubling of permit fees. Mr. Yee described the amount of area needed for an underground cabinet, the service area the facility covers, the impact the construction of an underground cabinet will have on the neighborhood, and the necessity to access the property by technicians and gardeners. Councilman Garbarino stated his concern that the Planning Commission was not given the opportunity to comment on the proposed landscape plan and to provide input to Council. In response to questions, Mr. Yee discussed the traffic concerns in and out of the site and noted that Cal Water, PG&E and SBC also service the site regularly. Councilman Gonzalez noted that cellular facilities are needed in the community to provide undisrupted service, but the commodity does come at a high price. He questioned ifAT&T would be amenable to proceed with the enhanced landscape plan if the Council upheld the Planning Commission's decision to underground the cabinet. Mr. Yee stated no, that the enhanced landscape is being proposed in lieu of the undergrounding. REGULAR CITY COUNCIL MEETING AUGUST 11, 2004 MINUTES PAGE 4 Councilman Femekes questioned the height allowed for antennas in a single-family zone, and staff indicated a maximum of 3 5', although permits have never been issued for that height. In response to questions regarding health concerns, City Attorney Mattas clarified that the City can only regulate land use issues and are pre-empted from regulating health issues. Councilman Fernekes discussed with Mr. Yee the proposed landscape maintenance contract, and it was explained that Cal Water will hire the maintenance company, but AT&T will be responsible for paying the bills. Staff advised Council that a condition of approval may be imposed to require staff make periodic inspections of the landscaping. Councilman Femekes asked for a clarification on the public comment that the Planning Commission did not act legally, and City Attorney Mattas explained that it was regarding the public noticing process, which Planning Division records indicate that proper notices were mailed. Councilman Fernekes commented that he passes by the site frequently and has not noticed any structures other than the water tank. Vice Mayor Green agreed with Councilman Femekes that the structure was not visible unless you looked for it and confirmed with staff that although various utility companies visit the site regularly the volume of complaints relate to AT&T. Mayor Matsumoto discussed future upgrades and Mr. Yee stated that upgrades are hard to predict, but acknowledged that public hearings will be required. In response to the Mayor's concern regarding the site's zoning designation, staff stated the zoning ordinance allows for necessary utility sites within residential areas. She further mentioned that the current condition of approval (A.3) has already determined that the applicant must submit a revised landscape plan, and questioned the limitations the City has on penalizing the applicant monetarily. City Attorney Mattas informed Council of the following: "I think there is one very important point that the Council should be aware of as you enter into your discussions. The point was made by the neighborhood about the ability to present new evidence and new options to the Council as part of AT&T's appeal and the neighborhood representatives properly characterized your appeal procedure under the zoning ordinance such that when you have, for instance, the landscape alternative that's identified up here- --if that was the only appeal before you this evening, if it were simply AT&T's appeal before you---then it would be inappropriate for them to bring new representations to the Council, that the planning commission hadn't seen it before and the Council under those circumstances would probably want to refer that back to the planning commission. Staff would have, in fact, probably told them, 'If you're going to bring in new plans you need to go back to the planning commission before you can go to the Council'. The Council actually has before it tonight two sets of appeals. It has AT&T's appeal and it has the neighbors appeal. The neighbors' appeal is actually requesting that the whole permit be denied, that does give the Council the opportunity to look at the project as a whole because that's really what they're asking you to do by virtue of their appeal. They're asking you to deny it, but they're asking you for a complete review of the project itself. So, I just wanted the Council to understand that in terms of some of the comments made by the neighbors, the specific comment about AT&T bringing new representations, as part of their appeal is correct. Your zoning code is clear that that evidence should be considered first by the planning commission before .... well, it just shouldn't be considered by the Council. The Council can elect to refer back to the planning REGULAR CITY COUNCIL MEETING MINUTES AUGUST 11, 2004 PAGE 5 commission, if you wanted to. If, however, the Council were considering upholding the planning commission's decision tonight, including all of their options, you can do that, you have that properly before you tonight, if that were your desire. Councilman Femekes requested further clarification regarding Council's consideration of the enhanced landscape plan and City Attorney Mattas stated (verbatim): "If that (the landscaping) was the option and it was based on AT&T's appeal the Council might want to refer the matter back to the planning commission for the planning commission to have a chance to see it, obviously--ultimately the project may then appear before you again, because any planning commission determination can be appealed to the City Council, if you're basing it on AT&T's appeal. If you're basing it on the neighbors' appeal...the neighbors' appeal was ostensibly to deny the project, that is their request...but when that comes up to the Council that does give the Council the opportunity, since they've appealed the entire project as opposed to one condition, which is what AT&T appealed. It does give the Council the opportunity to look at the whole project as a whole, you could choose even under those circumstances if you wanted to, to refer it back to the planning commission because this is new, or you could consider this information, but that's because you have the whole project before you as opposed to just AT&T's appeal of one condition." Councilman Femekes confirmed that it was appropriate that Council consider the landscape plan, and City Attorney Mattas stated, "Yes, you can consider that, but as part of the whole project, not AT&T's appeal solely." Councilman Fernekes commented that the water tank is an eyesore and landscaping will help the site aesthetically. He suggested the applicant donate a piece of public art for everyone to enjoy. Vice Mayor Green and Councilmembers Gonzalez, Garbarino and Fernekes stated support for the enhanced landscape plan, placing the cabinet above ground, and the donation of public artwork. (Cassette Tape No. 2) City Attorney Mattas advised Council to have AT&T agree to the donation tonight so that it would be on the record along with a set dollar value. Councilman Gonzalez stated that he had met at the site with Mr. Yee on one occasion and did not think the current cabinet was an eyesore. Mayor Matsumoto suggested a sculpture would cost approximately $30,000 for a modest work of art. Mr. Yee stated he was not in a position to commit to the request tonight. Ms. Mai advised Council that the site has a perimeter fence and may obstruct a sculpture. Mayor Matsumoto reiterated her frustration with AT&T's disregard to the City's zoning ordinance and stated support for the cabinet to be placed underground. Councilman Fernekes suggested the item be continued to the next meeting to allow Mr. Yee time to check with AT&T on the donation of a public art piece and to report back to Council. REGULAR CITY COUNCIL MEETING AUGUST 11, 2004 MINUTES PAGE 6 Motion-Fernekes/Second-Gonzalez: To continue UP-00-025/Mod 1 to the September 8, 2004 meeting. Unanimously approved by voice vote. ADMINISTRATIVE BUSINESS 7. Consideration of appeal of Planning Commission decision to approve a Planned Unit Development of four single family homes at 440 Commercial Avenue, Tentative Parcel Map to divide the lot into four lots, and an Affordable Housing Agreement; Owner: City of South San Francisco Redevelopment Agency; Applicant: Peninsula Habitat for Humanity (P04-0034, PCA04-0001, PUD04-0001, PM04-0001 & AHA04-0001) Continued from ~luly 14, 2004; public hearing closed. Staff report presented by Chief Planner Sparks. Vice Mayor Green questioned the configuration and parking for 4 units verses 3 units. Staff verified that there would be a significant loss of parking spaces for the neighborhood with either concept. He further verified that Habitat's names on the list of potential homeowners are South San Francisco residents. Councilman Fernekes questioned the current zoning for the 400 block of Commercial Avenue and staff confirmed that a property owner could demolish an existing residence and build a four-unit apartment building with two parking spaces per unit without the Planning Commission's review or approval. In response to Councilman Gonzalez, staff further explained that the sale of the homes is limited to South San Francisco residents. Motion-Femekes/Second-Garbarino: To uphold the Planning Commission's decision to approve a planned unit development of four single-family homes at 440 Commercial Avenue, and tentative parcel map to divide the lot into four lots, and an affordable housing agreement (P04-0034, PCA04-0001, PUD04-0001, PM04-0001 & AHA04- 0001). Approved by the following roll call vote: AYES: Councilmembers Femekes, Garbarino, Vice Mayor Green and Mayor Matsumoto. NOES: Councilman Gonzalez. ABSTAIN: None. ABSENT: None. COUNCIL COMMUNITY FORUM Mayor Matsumoto polled Council for a consensus on taking a "no" position on Measure 68 and a majority did not wish to take a position. She polled Council for a consensus to support Belmont's pursuit of a discounted Comcast cable TV rate for seniors and disabled. It was agreed to place the item on the next agenda for discussion. City Attorney Mattas advised Councilman Gonzalez that he could take a position on Measure 68 as an individual. REGULAR CITY COUNCIL MEETING AUGUST 11,2004 M1NUTES PAGE 7 ADJOURNMENT Being no further business, Mayor Matsumoto adjourned the meeting at 10:51 p.m. in honor of City Manager Michael Wilson. Submitted by: Sylvia M. Payne, City Clerk City of South San Francisco Ap, pro~ ',d.~ Karyl Matsumoto, Mayor City of South San Francisco REGULAR CITY COUNCIL MEETING AUGUST 11, 2004 MINUTES PAGE 7