Loading...
HomeMy WebLinkAboutMinutes 2019-09-25 @7:00MINUTES S CITY COUNCIL H� CITY OF SOUTH SAN FRANCISCO U O REGULAR MEETING c9L/FORIy�P MUNICIPAL SERVICES BUILDING COUNCIL CHAMBERS 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, SEPTEMBER 25, 2019 7:00 p.m. CALL TO ORDER 7:06 p.m. ROLL CALL Present: Councilmembers Addiego, Nagales and Nicolas, Vice Mayor Garbarino, and Mayor Matsumoto. PLEDGE OF ALLEGIANCE Mayor Matsumoto and South San Francisco students led the Pledge of Allegiance. AGENDA REVIEW City Manager Futrell recommended moving Administrative Business Items No. 15 and 18 up on the agenda in deference to the members of the public in attendance. The Council agreed. PRESENTATIONS Presentation of a proclamation recognizing Fire Prevention Week in the City of South San Francisco. (Karyl Matsumoto, Mayor) Mayor Matsumoto read into the record a proclamation recognizing Fire Prevention Week in the City of South San Francisco. Fire Marshall Lustenberger received the proclamation on behalf of Fire Personnel and thanked Council for the recognition. 2. Presentation of Fire Prevention Week Poster Contest Winners. (Karyl Matsumoto, Mayor) Fire Marshall Lustenberger presented awards to the 2019 Fire Prevention Week Poster Contest winners as follows: All Souls School Cheryl Ouyang — 2nd grade Austin Yee — 2nd grade Buri Buri Elementary School Alina Lawas — 1St grade Jeremiah Soto — 2nd grade Hillside Christian Academy Isaiah Perez — 1St grade Nathaniel Torreliza — 3rd grade Martin Elementary School Zafira Ali — 3rd grade Lilliana Chanelo — 3rd grade Monte Verde Elementary School Aliyah Arabieh — 5th grade St. Veronica's Elementary School Aubrey Estrada — 2nd grade Nicole Pruett — Yd grade Sunshine Gardens Elementary School Brian Anthony K Gloria — 4th grade Raelene Nadonzo — 4th grade ANNOUNCEMENTS FROM STAFF City Manager Futrell announced the South San Francisco Police Department as the winner of the "Battle of the Badges" Red Cross Blood Drive. He thanked staff and the community for their participation. Mayor Matsumoto invited the community to attend the Concert in the Park event on Saturday, September 28, 2019 at Orange Memorial Park. More information can be found on the City's website at www.ssfnet COUNCIL COMMENTS/REQUESTS Councilmember Nicolas thanked staff for their work in organizing the General Plan Community meetings, Citywide Clean Up Day and the Coastal Cleanup Day event. Councilmember Nagales attended the Fiestas Patrias and the Disaster Preparedness Day. He requested that staff address the trash can overflowing on Mission Road in front of the 7 -Eleven. PUBLIC COMMENTS None ADMINISTRATIVE BUSINESS 15. Report regarding the General Plan Update progress (Lisa Costa Sanders, Project Administrator) Project Administrator Costa Sanders thanked Council and the community for attending the event. She provided an overview of the General Plan and indicated that the General Plan is the local government's long-term blueprint for the community's vision of future growth. Each city is REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2019 MINUTES PAGE 2 required by California law to have a General Plan to guide its future land use decisions. South San Francisco's last comprehensive General Plan update occurred in 1999. The City Council initiated South San Francisco's General Plan update process by forming a General Plan Community Advisory Committee (GP CAC) and selecting Raimi + Associates consultant team to guide the effort. The update process includes a comprehensive General Plan update, Zoning Code update, Climate Action Plan update and preparation of an Environmental Impact Report. The process will include substantial community engagement and meetings with the GP CAC, Planning Commission, and City Council. The City Council kicked off the General Plan update process with a joint meeting held with the Planning Commission on April 29, 2019. The following is a summary of progress made to -date on the General Plan update: The Community Advisory Committee has conducted five meetings to review information and provide feedback and direction to staff and the consultant team. The consultant team conducted over 20 stakeholder interviews. This included individual and small group interviews with: Council members; housing advocates and providers; child care and health care providers; school district representative; commercial brokers; religious leaders; labor union; life sciences association; Chamber of Commerce; YMCA; mothers club; and San Bruno Mountain watch. A pop-up event occurred at the Mayor's State of the City Address and another is scheduled for the September 28, 2019 Concert in the Park. These are additional opportunities to meet with residents to inform them of the process and gather input in more convenient and informal settings. Staff and the consultant team also conducted nine (9) sub -area (neighborhood) meetings to inform the public of the General Plan update process and gather information on what should be preserved in the community and their vision for the future of the city in the next 20 years. The meetings were advertised with a city-wide postcard mailing and multiple social media and email announcements. The meetings were well attended and community members provided information that will help shape the vision and guiding principles for the General Plan. The consultant team has completed existing conditions reports which provides a baseline analysis of the City including: demographic and socio-economic conditions; transportation; parks and public services; natural and historical resources; hazards and noise; land use; neighborhood analysis; and climate change. The existing conditions reports are being reviewed by staff and will be finalized by the consultant for publication this Fall. Staff and Raimi + Associates are planning the following next steps to remain on schedule with the General Plan Update timeline: The Community Advisory Committee will continue to meet monthly to guide the update process including hosting community forums on informational topics. The first forum is scheduled for October 30, 2019 to discuss Emerging Trends in Transportation. This meeting will be announced for community attendance. The second forum will be held in January and will discuss Housing Affordability and Gentrification. REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2019 MINUTES PAGE 3 A Community Workshop will be held in early December to report back on information gathering and feedback received from the community. This meeting will help shape the General Plan vision and guiding principles. The City Council will discuss the vision, guiding principles, and issues at a meeting in January. This will include a discussion on the sub -areas and areas of change and stability. Councilmember Nagales inquired about the community's concerns. Mr. Yurcavich indicated that the common concern was related to housing and parking throughout the City. Councilmember Addiego attended the General Plan Community meeting in the Sunshine Gardens neighborhood and shared resident concerns. He encouraged community members to participate and provide input to the future of this city. Councilmember Nicolas suggested that staff consider places of worship and senior centers as additional outreach centers. 18. Report regarding an ordinance amending Title 8, Chapter 8.50 and Title 20, Chapter 20.420 and adding Title 6, Chapter 6.47 of the South San Francisco Municipal Code pertaining to the sale of tobacco, flavored tobacco, and electronic smoking devices. (Christina Fernandez, Assistant to the City Manager) Assistant to the City Manager Fernandez presented the report and provided an overview of ordinance. She indicated that municipal code amendments were done with the purpose of limiting youth access to flavored tobacco and e -cigarettes. Title 8, Chapter 8.50 Use of Electronic Smoking Devices - Restricted Amendments to Chapter 8.50 of the South San Francisco Municipal Code revises the definition of Electronic Smoking Device to be consistent with Section 20.420.002 which prohibits Significant Tobacco Retailers. The amendment also specifies the exclusion of medical inhalers prescribed by a licensed doctor. Another modification deletes the definition of "Retail Tobacco Stores" so as to avoid confusion with the definition of "significant tobacco retailer" under the Zoning Code. Further, one other proposed change would clarify that smoking is permitted in hookah bars and smoking lounges as defined in the City's Zoning Code, and deletes the reference to "Retail Tobacco Stores" as the latter would not be permitted within the City based on the prohibition against significant tobacco retailers. The changes made to Chapter 8.50 are for internal consistency purposes only, and the regulations under that chapter remain unchanged. Title 6, Chapter 6.47 - Sales of Flavored Tobacco Products, Pharmacy Sales of Tobacco Products, and Sales of Electronic Smoking Devices Prohibited. The addition of Title 6, Chapter 6.47 of the Municipal Code is modeled after Chapter 4.9 of the San Mateo County Code. This proposed chapter would specifically regulate flavored tobacco product and e -cigarettes. The proposed chapter defines flavored tobacco and outlines the prohibition of sales of flavored tobacco products, electronic smoking devices, and tobacco products by a pharmacy. Chapter 6.47 only pertains to flavored tobacco and e -cigarettes; traditional combustible tobacco remains under the purview of Chapter 6.46. REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2019 MINUTES PAGE 4 Chapter 6.47 prohibits the sale of flavored tobacco and e -cigarettes by any retailer with the exception of "adult only retailers". Adult only retailers are defined as "any retailer or business that allow entry only by adults (aged 21 and older) onto the entire premises of the business or retailer, or that require minors to be accompanied by a parent, guardian, or another adult in order to enter the entire premises of the business or the retailer." This definition specifically does not include any retailer or business that only prohibits minors from entering certain sections, divisions, or a part of the premises that are marked or otherwise restricted as "adult only". Likewise, Chapter 6.47 would prohibit the sale of tobacco products by a pharmacy and existing tobacco retailer permits may not be renewed by a pharmacy that may have previously obtained such permits. In addition, Chapter 6.47 defines flavored tobacco as containing a "characterizing flavor" which is distinguishable taste or aroma, or both. These flavors include but are not limited to, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb or spice. Staff notes that as currently drafted, this inclusion of mint, menthol, and wintergreen under Chapter 6.47 is broader than the scope of federal regulations, since federal law prohibits the manufacture of flavored cigarettes, but excludes menthol cigarettes from the prohibitions. Chapter 6.47 further exempts pre-existing significant tobacco retailers (lawfully existing prior to the ban on significant tobacco retailers was enacted by the City) and hookah bars/smoking lounges from the prohibition of flavored tobacco and e -cigarettes if they qualify as an adult -only retailer. Hookah bars and smoking lounges are defined by Chapter 20.620 of the Zoning Code that serve flavored tobacco or other products for on-site smoking. The proposed Chapter 6.47 further permits County personnel to enforce the requirements of that chapter, and also reserves authority for the City to enforce any violations thereto. Zoning Code- Title 20, Chapter 20.420 Significant Tobacco Retailers Prohibited The definition of "tobacco products" has been amended to include flavored tobacco and electronic cigarette devices. This revision brings vape shops and flavored tobacco retailers within the definition of "significant tobacco retailers." Unless exempted under Chapter 6.47, significant tobacco retailers are not a permitted use and prohibited in all zones citywide. The proposed revisions to Chapter 20.420 would have the effect of prohibiting vape shops but provides the ability for the City to exempt the two existing vape shops. The Planning Commission held a duly noticed public hearing on September 5, 2019, to consider the proposed revisions to the Zoning Code. Staff presented the revision of Chapter 20.420 of the Municipal Code to include vape shops in the definition of significant tobacco retailers, with an exemption for the two existing significant tobacco retailers. As discussed previously, the proposed ordinance amendments would still permit the City of South San Francisco to enforce all provisions in the Municipal Code or Zoning Code with any enforcement remedies available by law and/or the City's Municipal Code. Remedies include civil enforcement through a restraining order, a preliminary or permanent injunction or by any other means authorized by law. Additionally, the County of San Mateo's Health System Chief, or his or her designee, may enforce the provisions outlined in Chapter 6.47. The County of San Mateo enforces its ordinance by relying on the Health System Chief to enforce Chapter 4.99 by suspending a tobacco retailer's permit and/or imposing administrative fines following enumerated procedures and amounts. Administrative fines range from $100 for the first violation and range up to $500 for a third and subsequent violations. Each day that tobacco products are offered for sale without a permit constitutes a separate violation. REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2019 MINUTES PAGE 5 PUBLIC COMMENTS Asia Gopo, owner of the Vaping Buddha, expressed her support of the proposed ordinance and thanked the Council for supporting local small businesses. She indicated that the Vaping Buddha is an adult only retailer established in 2013. Rachel Mesia addressed the Council to express her support of a full ban including adult only retailers due to health risks and addiction. Smitha Gundavavhala, Youth Leadership Institute with the County of San Mateo, shared her experience in working with youth and indicated her concern with tobacco addiction among youth consumers. She expressed her support of a full ban of tobacco products including adult only retailers. Randy Uang, Breathe California, commended Council for moving forward in banning tobacco products due to the increase of tobacco addiction in youth consumers. He encouraged Council to keep the ordinance as strong as possible and include mint, menthol and flavored tobacco. Evelyn Fung, resident and Health Educator, addressed Council to thank them for moving forward with the regulation of tobacco products to address the epidemic of youth consumption. Shannon Nguyen addressed the Council and expressed her concern with adult only retailer age verification process and shared her experience in purchasing the product throughout the City. Maria Gonzalez addressed the Council to express her concern with flavored tobacco and vaping products. She attended a meeting at South San Francisco High School where administrators indicated that students are vaping in classrooms and bathrooms. She supports the proposed ordinance and thanked Council for their actions. Teofilo Sison addressed the Council to express his concern with traffic safety at the intersection of Junipero Serra and Arroyo Drive. He requested staff to evaluate the intersection for a possible solution. Public Works Director Kim informed Council and the community that the location has been assessed and is in the process of being reviewed for future modifications. Craig Wingate, Public Health Educator of San Mateo County's Tobacco Prevention Program, commended Council for addressing the current issue of youth consumption. He expressed his support of the proposed ordinance. Roberto Vargas, resident of South San Francisco, addressed the City Council to thank them for their efforts and encouraged a ban of all tobacco products including adult only retailers. Mayor Matsumoto expressed her support of banning all tobacco products including adult only retailers due to the health consequences. Councilmember Addiego thanked Councilmember Nagales for his determination to address youth access. He expressed his concern with banning adult only retailers in South San Francisco and stated that a full ban on tobacco products would not have a full impact on users due to the availability of tobacco products in neighboring cities. REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2019 MINUTES PAGE 6 City Attorney Woodruff indicated that the violations described during public comment can be reported to the Police Department followed by a report to the County of San Mateo. Police Chief Azzopardi indicated that ABC grant money can be used for tobacco sales age enforcement. Vice Mayor Garbarino expressed his concern with banning adult only retailers and stated that the two existing adult only retailers are excluded from the proposed ordinance. Councilmember Nicolas expressed her concern with youth users and her support of existing adult only retailers. She indicated that the community should be aware of the health consequences for consuming tobacco products. She supports the proposed ordinance. Councilmember Nagales expressed his support of banning e -flavored tobacco and vaping products. He provided statistics of the current health impacts due to consumer use and inquired about subdividing units for retail and adult vaping stores. Assistant to the City Manager Fernandez indicated that the proposed ordinance prohibits subdivision of properties. City Attorney Woodruff provided an overview of the proposed ordinance pertaining to subdivision of properties and indicated that the ordinance would go into effect January 1, 2020. Councilmember Nagales inquired about outreach to consumers announcing the changes beginning January 1, 2020. Assistant to the City Manager Fernandez indicated that the ordinance does not mandate retailers to outreach, however, staff will outreach to local businesses. Motion — Councilmember Addiego/ Second —Councilmember Nicolas: To introduce an ordinance amending Title 8, Chapter 8.50 and Title 20, Chapter 20.420 and adding Title 6, Chapter 6.47 of the South San Francisco Municipal Code pertaining to the sale of tobacco, flavored tobacco, and electronic smoking devices, and waive further reading. Approved by the following roll call vote: AYES: Councilmember Addiego, Councilmember Nagales, Councilmember Nicolas, and Vice Mayor Garbarino; NAYS: Mayor Matsumoto; ABSTAIN: None; ABSENT: None. CONSENT CALENDAR The City Clerk duly read the Consent Calendar, after which Council voted and engaged in discussion of specific items as follows: Mayor Matsumoto pulled Item No 4 and No. 11. Vice Mayor Garbarino pulled item No. 12. 3. Motion to approve the Minutes for the meetings of August 14, 2019, August 27, 2019 and August 28, 2019. 4. Motion confirming payment registers for September 25, 2019. (Janet Salisbury, Director of Finance) 5. Report regarding Resolution No. 119-2019 approving a Second Modification to Regulatory Agreement and Declaration of Restrictive Covenants, and Second Modification of Deed of Trust and Assignment of Rents for the 1999 Willow Gardens Neighborhood Rehabilitation Project. (Deanna Talavera, Management Analyst II) 6. Report regarding Resolution No. 120-2019 authorizing the acceptance of $25,000 in grant funding from the California State Library to support Project Read's family literacy services REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2019 MINUTES PAGE 7 through the Families for Literacy (FFL) program and, approving Budget Amendment 20.017. (Valerie Sommer, Library Director) 7. Report regarding Resolution No. 121-2019 determining the continued existence of an emergency and the need to continue emergency repairs for the Hillside (Terrabay) Field Light Replacement Project. (Sharon Ranals, Assistant City Manager/Parks and Recreation Director) 8. Report regarding Resolution No. 122-2019 authorizing the acceptance of $35,000 in grant funding from the Woodlawn Foundation to support Project Read's Learning Wheels family literacy program and, approving Budget Amendment 20.016. (Valerie Sommer, Library Director) 9. Report regarding Resolution No. 123-2019 authorizing the acceptance of $10,000 in grant funding from the Silicon Valley Community Foundation (SVCF) to support the South San Francisco Public Library's literacy services' Census 2020 project and approving Budget Amendment 20.018. (Valerie Sommer, Library Director) 10. Report regarding Resolution No. 124-2019 accepting $90,000 from the State of California, Office of Traffic Safety for the "Selective Traffic Enforcement Program" to be used for personnel overtime, training and equipment expenses and amend the Police Department's Operating Budget for Fiscal Year 2019-20 by approving Budget Amendment 20.015. (Jeff Azzopardi, Police Chief) 11. Report regarding adoption of Ordinance No. 1586-2019 adding Chapter 2.81 to the South San Francisco Municipal Code establishing a Traffic Safety Commission (Sarah Henricks, Management Analyst II) 12. Report regarding adoption of Ordinance No. 1587-2019 adding Chapter 8.71 of the South San Francisco Municipal Code relating to a citywide minimum wage. (Christina Fernandez, Assistant to the City Manager) Item #4: Mayor Matsumoto inquired about the City Clerk's transcription services cost and the printing cost of outreach postcards. City Clerk Acosta indicated that these services were required due to a temporary work restriction. Communications Director Arroyo expressed the importance of printing postcards and mailing to residents for community engagement. Councilmember Nagales suggested a sign in sheet for future meetings to inquire how residents were informed of meetings. Communications Director Arroyo will add the question to the residential satisfaction survey. Item #11: Mayor Matsumoto requested clarification on the composition of the Traffic Safety Commission and Parking Place Commission. Management Analyst Henricks provided clarification on the proposed committee composition and their respective roles. Item #12: Vice Mayor Garbarino requested clarification on the proposed ordinance and the possible impact to Special Needs students. Assistant to the City Manager Fernandez provided clarification of the proposed ordinance and indicated that the ordinance did not differentiate minors or students with disabilities. Motion — Vice Mayor Garbarino /Second — Councilmember Nicolas: To approve Consent Items 3 — 12. Unanimously approved by roll call vote. REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2019 MINUTES PAGE 8 PUBLIC HEARING 13. Report regarding holding a public hearing on the Program Year 2018-19 Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program and adopting Resolution No. 125-2019 approving the Program Year 2018-1919 Consolidated Annual Performance and Evaluation Report (CAPER) and authorizing its submittal to the U.S. Department of Housing and Urban Development (Kris Romasanta, Community Development Coordinator) Councilmember Nagales recused himself from the meeting at 8:56p. m. due to a conflict of interest. Community Development Coordinator, Kris Romasanta, provided an overview of the Community Development Block Grant (CDBG) report. She indicated that the U.S. Department of Housing and Urban Development (HUD) requires jurisdictions that receive CDBG funds to submit a year-end CAPER. The CAPER describes how the City of South San Francisco (City) utilized its CDBG funds to address the City's housing and community development needs. It further compares the City's accomplishments to the goals the City set in the Fiscal Year (FY) 2018-19 Annual Action Plan (AAP). The CAPER outlines the activities that were funded, the people that were served, and provides a comprehensive accounting of all CDBG funds allocated, expended, and/or reprogrammed during FY 2018-19. Pursuant to the CDBG regulations, the City must provide a 15 -day public comment period and hold a public hearing on the CAPER, prior to submitting it to HUD. A public notice relating to the availability of the draft CAPER was advertised in the San Mateo County Times and posted on the City's Facebook page and website on September 10, 2019. The report was made available at the City's Economic & Community Development Department offices, the City's public libraries, and on the City's website. Any comments received during the comment period or at the public hearing will be incorporated into the CAPER. In FY 2018-19, the City spent $523,441 in CDBG funding and $12,000 in HOME administrative funding received from the San Mateo County HOME Consortium. The City used these CDBG funds to support a number of programs including public services, home repair programs, and public improvements. There were five hundred and four (504) individuals served through the City's public service programs, which provided clothing, foster youth services, rape trauma services, and other public services. Two hundred and twelve people (212) either experiencing homelessness or at risk of homelessness were served through housing and homeless services providers. Sixteen (16) persons received comprehensive fair housing services, including case investigations, consultations, and referrals through the City's fair housing program. Twenty-seven (27) households were served through the City's housing rehabilitation programs through organizations like Rebuilding Together Peninsula, El Concilio of San Mateo County, and Center for Independence of Individuals with Disabilities. Additionally, CDBG funds went toward the ADA Curb Replacement project, upgrading 40 curbs in areas of need. Public hearing opened: 9:04 p.m. Public hearing closed: 9:05 p.m. Mayor Matsumoto inquired about CDBG funding for individual basic skill courses to help members obtain better paying jobs. Community Development Coordinator Romasanta indicated that depending on the qualifications CDBG can fund these programs. REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2019 MINUTES PAGE 9 Councilmember Nicolas inquired about the due date of the annual report and suggested marketing City sponsored housing. Community Development Coordinator Romasanta stated that the report is due 90 days after the action is taken, program year is equal to fiscal year. Staff created brochures to distribute at upcoming community meetings. Motion — Councilmember Nicolas/Second — Vice Mayor Garbarino: To adopt Resolution No. 125- 2019 approving the Program Year 2018-1919 Consolidated Annual Performance and Evaluation Report (CAPER) and authorizing its submittal to the U.S. Department of Housing and Urban Development. Approved by the following roll call vote: AYES: Councilmember Addiego, Councilmember Nicolas, Vice Mayor Garbarino and Mayor Matsumoto; NAYS: None; ABSTAIN: None, ABSENT: Councilmember Nagales. Councilmember Nagales re joined the meeting at 9:15 p.m. 14. Report recommending adoption of resolution approving a Relocation Agreement and Sign Permit to allow an existing double-faced, static billboard to be converted to a double-faced, digital billboard located at 150 Airport Boulevard, and determining that the 2015 IS/MND continues to serve as the applicable environmental review document pursuant to CEQA, and introduction and waiver of further reading of an ordinance approving a Development Agreement for the installation of the billboard. (Billy Gross, Senior Planner) Public hearing opened: 9:14 p.m. Public hearing closed: 9:25 p.m. Economic and Community Development Director Greenwood presented the report and indicated that in general, existing policies prohibit new billboards to be installed within the City to protect residential zones and several other areas where there is a concern of establishing visual barriers. However, through a relocation agreement process, the City has remained open to allowing billboards in select commercial/industrial areas if certain design and land use concerns are addressed, and if there is an exchange that removes billboards from unwanted areas, including residential districts. In 2015, the City Council approved a General Plan Amendment and Zoning Ordinance Text Amendment to allow a limited number of digital billboards along U.S. Highway 101 (US 101) to provide an additional source of revenue for the City, promote economic development and expand the communication of community services. Under current regulations, a maximum of three digital billboards could be located on the west and east sides of US 101 south of Sister Cities Blvd and north of the City's southern boundary (Section 20.360.006(Q)). As discussed above, digital billboards are subject to relocation agreements under Section 20.360.002 of the Municipal Code. Section 20.360.002 further requires installation of a digital billboard to meet a "2:1 removal -to -construction ratio." That is, the installation of the digital billboard will result in a reduction of at least two billboard faces in the City. If a billboard applicant does not have sufficient existing billboard faces to remove within the City, the billboard applicant may request the City enter into a development agreement that will set forth the terms and conditions under which the billboard installation will be permitted to operate. REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2019 MINUTES PAGE 10 The terms and conditions of the development agreement may include, but are not limited to, fee payments, charges, mutually agreed -to contributions by the applicant, and other terms promoting public health, safety, and welfare in -lieu of the applicant satisfying the 2:1 removal -to -construction ratio in order to install the digital billboard. Development agreements are approved by the City Council and subject to the provisions findings of Chapter 19.60 of the Municipal Code. Two digital billboard projects have been approved by the City: the first at 101 Terminal Court (by Clear Channel, constructed in 2016), and the second at 180 S Airport Blvd (by Outfront Media, constructed in Summer of 2019). The Action Signs Billboard Project that is before the City Council currently seeks a relocation agreement, sign permit, and a development agreement for the installation of a digital billboard. Action Signs, Inc. (Action Signs) has submitted an application to convert their existing static billboard at 150 Airport into a digital billboard, which would be the third digital billboard currently allowed by the Zoning Ordinance. In January 2017, the City approved a new seven -story residential project with a total of 157 multi- family residential units at 150, 178 and 190 Airport Blvd. One of the key provisions of the Purchase and Sale Agreement with 150 Airport SSF LLC was the relocation of Action Signs existing billboard. In June 2017, the City approved a relocation agreement with Action Signs allowing them to relocate the sign on the site, and to increase the overall height of the sign to 114 feet above grade, to allow for the construction of the approved residential development and the continued visibility of the static billboard sign to traffic on U.S. Highway 101. (See Attachment 1 to this staff report for the full June 14, 2017 City Council staff report related to these previous entitlements, with elevations showing the sign in context with the residential project.) The Action Signs project would consist of a new, double-faced V-shaped outdoor advertising sign with digital message center displays of 14 feet in height and 48 feet in width; the sign would be the same size as the Outfront Media signage approved in 2018. The design proposes minimal frame around the signs. Light sensors would be installed to measure ambient light levels and to adjust light intensity of the sign to respond to any change in ambient light conditions. Lighting levels on the digital billboard would not exceed 0.3 foot candles over ambient levels, as measured using a foot candle meter at a pre-set distance (250 feet for the proposed 14 foot x 48 foot face size). The brightness of the LED display is subject to adjustment based on ambient conditions, so the display may be brighter in the daytime than at night. The California Department of Transportation ("Caltrans") is involved in the control of off -premise signage displays along state highways through enforcement of the California Outdoor Advertising Act. Caltrans is also responsible, through an agreement with the Federal Highway Administration, for controlling off -premise signage along interstate highways. Some freeways are classified as "landscaped freeways", and off -premise signage is not allowed along landscaped freeways except when approved as part of relocation agreements (Government Code §5412). All of US 101 within the City's boundaries is classified as landscaped freeway. The applicant and the City have negotiated a Development Agreement ("DA") to clarify and obligate Project features and mitigation measures, including annual fees, community service message display time, and City branding. The Project site is designated Downtown Transit Core within the General Plan and is also located within the Downtown Transit Core Zoning District, which provides zoning for development to support the Caltrain station. Subject to approval of the REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2019 MINUTES PAGE 11 Development Agreement and Relocation Agreement, the project would remain consistent with the intent and purpose of the General Plan and comply with the Zoning Ordinance standards related to signage. The proposed Action Signs digital billboard project will provide an additional source of revenue for the City, promote economic development and expand the communication of community services along the US 101 corridor, in keeping with the General Plan. Based on the information included in the public record, it is recommended that the City Council make the required findings and adopt the attached resolution to approve the project, including the Relocation Agreement and Sign Permit, and determine that the 2015 IS/MND is the appropriate environmental document and approve the project entitlements for the Action Signs project. Councilmember Nicolas inquired about the parameters of displays. Economic and Community Development Director Greenwood indicated that federal and state guidelines set restrictions of advertisement displays. Mr. Morroca of Action Signs indicated that they follow federal guidelines and do not promote alcohol or cigarette advertisements. All materials displayed are controlled by a computer device and carefully screened. He indicated that Action Sign would be willing to review the City's proposed guidelines. Mayor Matsumoto stated her desire to propose guidelines. City Attorney Woodruff indicated that the City is unable to provide guidelines for a private advertisement vendor however, the City can request that advertisement comply with State and Federal guidelines. Councilmember Addiego expressed his concern with the billboards current placement and the proposed digital display. He indicated that if no further agreement can be reached, the applicant is required to remove the sign within 90 days, suggested reducing the term. Councilmember Nagales expressed his concern with the proposed placement and indicated that he is not in support of the project. Mayor Matsumoto expressed her concern and disapproval of the proposed billboard placement and suggested that staff continue to explore and research options for Council's review. Vice Mayor Garbarino also expressed his concern with the current placement and the proposed replacement. Action Signs staff expressed their desire to work with staff to address Council's concerns and make necessary adjustments. Economic and Community Development Director Greenwood indicated that Council's concerns were heard and addressed in prior meetings; the approved height was required so that the sign could be seen with the proposed development; no increase to the size of the sign only difference is digital. City Attorney Woodruff suggested that Council continue the item to a date uncertain to allow staff to continue to explore options. Mayor Matsumoto requested that future renderings not have a REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2019 MINUTES PAGE 12 platform or ladder to improve look. Councilmember Addiego requested that staff include north and south views from 101 freeway. 14a. Resolution approving a Relocation Agreement and Sign Permit to allow for the conversion of an existing 114 foot tall, double faced, static billboard to a double faced, digital billboard on property located at 150 Airport, and determining that the 2015 IS/MND continues to serve as the applicable environmental review document pursuant to CEQA. Item continued to date uncertain 14b. Ordinance approving a Development Agreement to allow for the conversion of an existing 114 foot tall, double faced, static billboard to a double faced, digital billboard on property located at 150 Airport. Item continued to date uncertain Motion — Councilmember Addiego /Second — Councilmember Nagales: To continue this item to a date uncertain. Unanimously approved by roll call vote. ADMINISTRATIVE BUSINESS 16. Report regarding a Resolution No. 126-2019 adopting a revised Fee Schedule regarding increasing the fine and penalties for double parking pursuant to Vehicle Code Section 42001. (Master Sergeant Danny Gil) Master Sergeant Gil presented the report and indicated that the City of South San Francisco currently assesses a fine of $43 for double parking violations. The South San Francisco Police Department's parking enforcement officers have observed repeated double parking violations, and the current penalty amounts have proven ineffective to deter double parking violations. Double parking violations in the City endanger the safety, health and welfare of residents, students, bicyclists and pedestrians. Double parking violations also disrupt the normal flow of traffic and unnecessarily delay motorists. The Police Department receives repeated complaints regarding double parking throughout the City. Double parking issues are particularly most problematic and dangerous in the business districts, such as the downtown area; semi -trucks double parked in the industrial area, and parents double parked to drop off their kids in front of elementary schools. State law authorizes local authorities to adopt traffic rules and regulations by ordinance or resolution, unless the Vehicle Code already establishes a violation or fine, penalty, assessment, or fee for violation of the same or similar conduct (Veh. Code § 21100(o)(1)). A double parking violation adopted pursuant to the Vehicle Code is punished by a maximum fine of $100 for a first infraction, $200 for a second infraction occurring within one year of a prior conviction, and $250 for a third or subsequent infraction occurring within one year of a previous conviction. (Veh. Code § 42001(a)). REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2019 MINUTES PAGE 13 Councilmember Nagales expressed his support of the proposed enforcement and inquired about outreach to business owners. Master Sergeant Gil stated that outreach has been done and business owners were advised to propose alternative times of delivery. Councilmember Addiego expressed his concern with the citation amount of $100 for first enforcement and inquired enforcement timeline. Police Chief Azzopardi indicated that the resolution will go into effect 30 days after approval. Motion — Councilmember Nagales /Second — Councilmember Nicolas: To approve Resolution No. 126-2019 adopting a revised Fee Schedule regarding increasing the fine and penalties for double parking pursuant to Vehicle Code Section 42001. Unanimously approved by roll call vote. 17. Report Regarding Resolution No. 127-2019 approving a Professional Services Agreement with Liebert Cassidy Whitmore in an Amount Not to Exceed $100,000 for Labor Relations Consulting Services, and authorizing the City Manager to execute the agreement. (Leah Lockhart, Human Resources Director) Human Resources Director Lockhart presented the report and indicated that the City's full-time and permanent part-time workforce is organized into seven (7) represented bargaining units, and the City maintains collective bargaining agreements with each group regarding wages, hours and other terms and conditions of employment. On July 1, 2020 the agreements with four of the City's bargaining units will expire. Therefore, staff recommends beginning negotiations for a successor agreement with each group no later than November, 2019 in order to ensure timely completion. In previous years, the City has either hired a third -party consultant to serve as the City's chief negotiator during bargaining, or the Human Resources Director has served in this role. In light of concurrent strategic priorities underway in the Human Resources Department and current staff capacity, and staff proposes utilizing a combination of consultants and internal staff to conduct and support the labor negotiations process. Staff issued a Request for Proposals (RFP) for labor relations consulting services, which includes serving as chief negotiator as assigned, advising on bargaining strategy and technical matters related to labor and employment law, assisting with development of proposal language, and performing necessary research in support of negotiations. The consultant would serve as the chief negotiator for three of the four groups, and the Human Resources Director would lead negotiations with the fourth group. In addition, each table will have a member of the human resources staff to assist with recording notes, tracking progress of proposals and counter -proposals, and providing input on the operational impacts of proposals where appropriate. Liebert Cassidy Whitmore was identified as the top candidate. Liebert Cassidy Whitmore specializes in public sector labor and employment law, and the firm's Labor Relations Practice Group focuses specifically on negotiating labor agreements for public agencies across all classes of employees. Donna Williamson, who will serve as the City's chief negotiator, has extensive experience negotiating on behalf of cities, counties, and school districts, and other public agencies across Northern California. Notably, Ms. Williamson's experience includes negotiations with the same unions that represent City of South San Francisco employees, and she has a proven track record of maintaining professional and successful working relationships with union negotiators. Liebert Cassidy Whitmore also provides a strong team of associates specializing in various aspects of labor and employment law, including benefits, compensation, Fair Labor Standards Act ("FLSA"), Ca1PERS retirement, and protected leaves of absence, which will provide a substantial REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2019 MINUTES PAGE 14 resource for the City for legal research on these matters as they pertain to negotiating labor agreements. Motion — Vice Mayor Garbarino/Second — Councilmember Nicolas: To approve Resolution No. 127-2019 approving a Professional Services Agreement with Liebert Cassidy Whitmore in an Amount Not to Exceed $100,000 for Labor Relations Consulting Services, and authorizing the City Manager to execute the agreement.. Unanimously approved by roll call vote. ITEMS FROM COUNCIL — COMMITTEE REPORTS AND ANNOUNCEMENTS None CLOSED SESSION 19. Public Employee Performance Evaluation Title: City Attorney Time entered Closed Session: 10:13 p.m. Open Session resumed: 10:30 p.m. Report out of Closed Session by Mayor Matsumoto: Direction given. No reportable action. ADJOURNMENT Being no further business Mayor Matsumoto adjourned the meeting at 10:31 p.m. Submitted by: JR7-olesa4CGovea, Acosta, CMC, CPMC City Clerk Approved by: 4� Way Matsu to Mayor— Approved by the City Council. / J3 1-,9011 /All ` REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2019 MINUTES PAGE 15