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HomeMy WebLinkAboutMinutes 2008-08-27~o~~N SAN ~ MINUTE S ti o~ - ~ ~ F ` o CITY COUNCIL ~'~LIFOR~~P CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICES BUILDING COMMUNITY ROOM WEDNESDAY, AUGUST 27, 2008 CALL TO ORDER: 7:00 p.m. Following the commencement of the meeting and at the request of Mayor Gonzalez, Council and members of the community observed a moment of silence in honor of former Mayor, City Councilman and friend, Joseph A. Fernekes who passed away on August 6, 2008. ROLL CALL: Present: Councilmen Addiego, Garbarino and Mullin, Mayor Pro Tem Matsumoto and Mayor Gonzalez. Absent PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS None. Led by Mayor Gonzalez. Given by Reverend Agnel De Heredia, Ph.D. of All Souls Catholic Church • Certificate of Recognition presented to Rick Gomez of the San Mateo County Transportation Agency Citizens Advisory Committee. Mayor Gonzalez presented a certificate of recognition to Mr. Gomez for his service on the San Mateo County Citizens Advisory Committee as a representative of South San Francisco. Mr. Gomez thanked the Mayor and Councilmembers for the honor. He advised that he enjoyed the time he spent serving on the TA, including the years he served as Chairman. He encouraged residents to consider being a part of the TA and advised he planned to devote his attention to HOTHRA related events and activities in the upcoming year. AGENDA REVIEW No changes. PUBLIC COMMENTS Ira Fruitman the owner of Bedroom Express located in the City at 184 El Camino Real appeared to address Council regarding his concern over code enforcement actions pertaining to his business. He advised he was proud to own a business in South San Francisco and had actively promoted. the City since opening his business 35 years ago. He expressed concern over what he characterized as differential treatment of his business by code enforcement staff, which had required that certain Bedroom Express banners be removed. He stated he was not requesting special privileges, but only that his business be treated like other similar businesses in the City which he alleged were permitted to hang banners. Mayor Gonzalez directed the City Manager to look into the issue Mr. Fruitman presented. ITEMS FROM COUNCIL. • Announcements. • Committee Reports. Councilmembers expressed sorrow over the loss of former Mayor, Councilman and friend .loseph "Joe" A. Fernekes. They reflected on their lost colleague and lauded Joe's numerous contributions to the community and his tremendous dedication to the City of South San Francisco. Councilmembers noted the sacrifices made by Joe's family throughout his career in public service and encouraged each other and the community to remember Joe, continue his memory and keep his family in their thoughts throughout what was characterized as "the difficult transition to life in South San Francisco without Joe's presence." Councilman Garbarino noted that in the days since Joe's passing, residents had approached him inquiring as to naming something in the City after Joe. Councilman Garbarino suggested the new Community Center in Orange Memorial Park for the subcommittee's consideration as a potential and appropriate namesake given Joe's commitment to community involvement and the Day in the Park event. In addition to these reflections, Councilmembers reported on attendance at community meetings and events, including the Peruvian Flag Raising Ceremony at City Hall and a Ribbon Cutting Ceremony at Oyster Point. Residents were advised of upcoming community events, includin~~ a new Community Emergency Response Training program that would begin September 4`~ and a free workshop for mortgage foreclosure prevention that would take place on September 10`~~ from 6:30 -8:U0 pm. The postponement of the September study session pertaining 'to the Cal Train Station was announced and explained as necessary to permit exploration of the tunnel design and the resolution of certain outstanding issues pertaining to cost. Council congratulated Corporal Sean Curmi on his promotion and thanked Director of Public Works Terry White for putting a memorandum together regarding solar and wind power relative to the Water Quality Control Plant, which preliminarily suggested positive results. Specific items for further action and/or consideration were set forth as follows: Councilman Mullin ad~~ised the signs resting above the walkway on Centennial Way were uni~~ersally starting to tilt and requested that reinforcement of the signs he explored. Rt~.GUI.AR CITY COI~NCII. ME-:E"I'IN(; AUGUST 27, 2008 !~11ti1'I~ES PAGE 2 Mayor Pro Tem Matsumoto requested that staff look into PG&E's local government incentive programs. She further advised of a project the Redevelopment Agency and City would pursue to green a municipally owned house on Longford Drive. She advised that community volunteers for the project were being sought and interested persons could contact the Corporation Yard at 877-8550. • Appointment of Delegate to the League of California Cities Annual Conference. Motion- Mayor Gonzales/Second- Mayor Pro Tem Matsumoto: to nominate Councilman Mullin as the Alternate Voting Delegate to the League of California Cities Annual Conference. Unanimously approved by voice vote. Motion- Councilman Mullin/Second- Councilman Garbarino: to nominate Mayor Gonzalez as the Second Alternate Voting Delegate to the League of California Cities Annual Conference. Unanimously approved by voice vote. • Resolution No. 90-2008 supporting the Safe Neighborhoods Act to stop gang, gun and street crime. Mayor Pro Tem Matsumoto questioned the origin of the Resolution and whether it had been reviewed by the Chief of Policf;. Councilman Garbarino explained the Resolution originated from the League of California Cities' Public Safety Committee. He further advised that although there was much heated discussion among the Committee members over the pros and cons, the prevailing sentiment was that the Resolution was necessary. City Manager Nagel advised that the Chief of Police had reviewed and approved of the Resolution. To demonstrate the focus of the Resolution Councilman Addiego read the following portion into the record: WHEREAS, while between 1999 and 2006, the national homicide rate declined, our state's murder rate increased, accounting for almost 500 deaths per year and propelling California from 19th to 10th worst among the states. During the same period of time, California vehicle thefts increased by over 40% totaling more than Texas, Florida, New York and Pennsylvania combined; and WHEREAS street gangs are largely responsible for increases in California homicides in recent years; .. . Mayor Gonzalez opined that considering recent reports of crime in the East Bay, approval of the Resolution was advisable. Motion- Councilman Garbarino/Second- Councilman Addiego: to approve Resolution No. 90-2008. REGULAR CITY COUNCIL MEETING AUGUST 27, 2008 MINUTES PAGE 3 • City Selection Committee 2009 (:ouncil Assignments. City Manager Nagel explained Council had determined to agendize this item ahead of schedule to provide an opportunity to pursue more in depth consideration of the assignments than had been possible the previous year. Accordingly he advised Council could begin to discuss the issue generally. Councilman Addiego opined that beginning the process early would permit South San Francisco Councilmembers to begin attending the meetings of boards to which they may respectively choose to seek appointment. Councilman Mullin questioned whether actual or practical term limits pertained to any of the boards. Mayor Pro Tem Matsumoto responded that no term limits exist. She further advised of and expressed concern over a certain unwritten rule that seated persons should not be challenged. She encouraged consideration of revisions to the Council of Cities bylaws to address this concern. Councilman Garbarino opined the interest of individual cities would be better served if there was a requirement that representatives on boards be elected officials. He further expressed concern over the unwritten rule regarding challenging incumbents, especially in circumstances where the seated representative fails to show up for board meetings. Councilman Addiego suggested that Council be politically pragmatic with recommended changes and encouraged Councilmembers to discuss such changes with colleagues from other affected cities to determine whether larger support for such change existed. Mayor Gonzalez stressed the importance of representation on the boards. CONSENT CALENDAR Motion to approve the minutes of July 16, 2008 and July 23, 2008. 2. Motion to confirm expense c;laims of August 27, 2008 in the amount of $9,707,690.23. 3. Motion to waive reading and adopt Ordinance No. 1398-2008 adding Chapter 8.60 to the South San Francisco Municipal Code to require the use of Green Food Packaging by food vendors and City facilities. 4. Motion to waive reading anci adopt Ordinance No. 1399-2008 adding Chapter 6.46 to the South San Francisco Municipal Code regarding tobacco retailer permits. 5. Motion to waive reading and adopt Ordinance No. 1400-2008 amending Title 20, Chapter 63 of the South San Francisco Municipal Code to define and permit "Product Design Studio" use within the Terrabay Specific Plan zoning district. REGULAR CITY COUNCIL MEETING AUGUST 27, 2008 MINUTES PAGE 4 6. Resolution No. 91-2008 approving an Exclusive Negotiating Rights Agreement with Oyster Point Ventures LLC for potential development of the Oyster Point Marina and Oyster Point Business Park. 7. Resolution No. 92-2008 authorizing Peninsula Yellow Cab Company to increase the current taxicab rate in order to offset the current inflation in gasoline prices. 8. Resolution No. 93-2008 authorizing a contract modification with Dyett & Bhatia to prepare a General Plan Amendment for El Camino Real in conjunction with the ongoing zoning ordinance update and approving a budget amendment appropriating $105,430 for a General Plan .Amendment. 9. Resolution No. 94-2008 authorizing the acceptance of a six-month extension of a Library Services and Technology Act (LSTA) grant in the amount of $5,000 from the California State Library to support the "California of the Past" Digital Story Station Pilot Program and amending the Library Department's operating budget for fiscal year 2008/2009. Motion- Councilman Mullin/Second- Councilman Addiego: to approve Consent Calendar Item Nos. 1-5 and 8. Unanimously approved by voice vote. Item No. 6: Councilman Addiego stated support for the Resolution but recommended that Council replace the City Manager in the text of the agreement with respect to the provision pertaining to an approval of the extension of the term of the lease. Council supported this recommendation. Motion- Councilman AddiegoiSecond- Councilman Garbarino to approve Resolution No. 91-2008. Item No. 7: Mayor Pro Tem Matsumoto observed the proposed increase worked out to more than 17%. Chief of Police Raffaelli explained there was an error in the proposed Resolution. Accordingly, Council should not consider the reference to 17% and understand instead that the difference worked out to $25.00/day. Mayor Pro Tem Matsumoto questioned the definition of in town and out of town rates in neighboring cities, and highlighted the difference between the definitions applied in Burlingame and San Francisco. She further questioned whether the option of fuel surcharges was more advisable than what was proposed by the Resolution. Chief of Police Raffaelli advise;d he did not know how other cities defined in town and out of town as used to determine the respective rate schedules but noted the rates were the same. Regarding fuel surcharges, Chief of Police Raffaelli advised Council could change the formula to be based on such surcharges. He noted, however that from a historical perspective Peninsula Yellow Cab's rate increases have been consistent with the market and tend to remain for sometime. REGULAR CITY COUNCIL MEETING AUGUST 27, 2008 MINUTES PAGE 5 City Attorney Mattas advised that Council had discretion to set the rates under the City's Ordinance. Thus, if there was a significant drop in the price of gas, the Chief of Police could bring the rate back to Council to be adjusted accordingly. Councilman Addiego observed that people who need to get from place to place within town were in need of the most protection with respect to the rate change. Prior to Council's vote on the Resolution, City Attorney Mattas recommended that Council consider the proposed Resolution subject to the amendment that all references to 17% be removed. Council approved this modification Motion- Mayor Pro Tem Matsumoto/Second- Councilman Garbarino: to approve Resolution No. 92-2008. Unanimously approved by voice vote. Item No. 9: Councilman Garbarino questioned whether the Library would be working in conjunction with the School District on the Project as the district had been struggling to find a home for a museum of history Library Director Sommer stated the Library planned to advise the School District of the website once it was up and running. Motion- Councilman Garbarino/Second- Mayor Pro Tem Matsumoto: to approve Resolution No. 94-2008. Unanimously approved by voice vote. PUBLIC HEARING 10. GreenbergFarrow - C. Shaw/Applicant Arcadia D.R. Mgmt Inc./Owner 900 Dubuque Ave. PCA08-0004 (POS-0035, PUDOS-0003, UPOS-0010, TDMOS-0003, Signs05-0044, DROS-0020 & EIROS-0003) Resolution No. 95-2008 approving a Time Extension for a Planned Unit Development, Use Permit, Type "C" Sign Permit, Design Review and a TDM Plan allowing construction of a 101,579 square foot Home Depot store, a 24,215 square foot Garden Center, open at-grade parking and a two (2) level parking structure at 900 Dubuque Avenue in the Planned Commercial (P-C-L) Zone District in accordance with SSFMC Chapters 20.24, 20.74, 20.76, 20.78, 20.81, 20.84, 20.85, 20.86 & 20.120. An EIR assessing the environmental impacts associated with the development was previously certified by the City Council on July 26, 2006. Public Hearing opened: 8:12 p.m. REGULAR CITY COUNCIL MEETING AUGUST 27, 2008 MINUTES PAGE 6 Senior Planner Steve Carlson presented the staff report. He reminded Council that the Environmental Impact Report ("E1R") had been approved by Council in July 2006. He next advised that the South San Francisco Municipal Code provides approvals for a maximum of 2 years at which point the applicant may apply for a one (1) year extension subject to the review and approval of the City Council. The Planning Commission had reviewed the application and concluded that it was reasonable but was concerned that the building located on the proposed site of the project was presently for lease. Accordingly, the Commission recommended Council's approval of a resolution authorizing a six (6) month extension with the possibility of an additional six (6) month extension. No action was required with respect to the previously approved EIR. Deborah L. Kartiganer, an attorney representing Home Depot appeared and stated that Home Depot had decided to put the project on hold. However, due to changes in the market, the Company was reevaluating the site and hoped to make the project work. She advised that although a "for lease" sign was posted on the property, the Company did not intend to request an extension past the year under consideration and noted that Home Depot was in a binding lease paying monthly rent on the property in the meantime. Mayor Pro Tem Matsumoto observed that much time was spent on the design for a very attractive and non prototypical garden center. She expressed the need for reassurance that if approved, the extension would not: result in a lesser project than had already been agreed upon by the City and Home Depot. Ms. Kartiganer responded that Home Depot was committed to the plans as approved. She acknowledged that the site was a gateway to South San Francisco. Councilmembers expressed willingness to approve the six (6) month extension recommended by the Planning Commission ,which they opined would provide the Company with time to study the current market and crunch numbers. Motion- Councilman Mullin/Second- Councilman Garbarino: to approve Resolution No. 95-2008. Unanimously approved by voice vote. Recess: 8:25 p.m. Open Session resumed: 8:32 p.m. ADMINISTRATIVE BUSINESS 11. Resolution No. 96-2008 approving a budget amendment adjusting the City Clerk Department's Election Budget for the 2007-2008 Fiscal Year by an additional $56,541.00 to facilitate payment of the balance of the November 2007 Municipal Election Invoice submitted by the San Mateo County Elections Office. City Clerk Martinelli-Larson advised that on July 28, 2008 she sent a letter to the Honorable Chief Elections Officer, County Assessor -Clerk -Recorder Warren Slocum and the Elections Office requesting that a representative appear at the meeting to address concerns related to the 2007 Election Invoice. While a formal response to the letter request was not received and the Elections Office appearance at the meeting was not secured, the REGULAR CITY COUNCIL MEETING AUGUST 27, 2008 MINUTES PAGE 7 City Clerk had been in contact with the Elections Office since issuance of the staff report. During this communication, the Elections Office expressed some willingness to meet with Council and address its concerns. Mayor Gonzalez questioned whether Elections Office staff had appeared at any Council Meetings in similarly affected cities. City Clerk Martinelli-Larson responded that the Elections Office had not appeared at any Council meetings regarding the subject. Mayor Pro Tem Matsumoto advised that shortly before the meeting she had received a call from Carol Marks of Mr. Slocum's Office. She advised that representatives would attend the September 17, 2008 Study Session to address Council's concerns. Councilman Addiego questioned whether the reason for the substantial amount of the invoice could be attributed to anything other than the lower total number of voters participating in the election. City Clerk Martinelli-Larson responded that according to the Elections Office, the lower number of voters was the reason participating municipalities' proportionate share of the elections invoice went up. Mayor Gonzalez questioned whether. this was a onetime occurrence. He further questioned Council's options for next steps. City Clerk Martinelli-Larson explained that Elections Office Staff members had advised that in their respective experience, a similar election involving no state or county player had not occurred. Accordingly, the cost issue for municipal participants in the 2007 Election was no apparent until the invoices were prepared. While the Elections Office did not expect this circumstance would arise again, there was no certainty. Regarding next steps, the City Clerk advised a Reminder Invoice received at the close of July made payment due August 29, 2008. The City Council would have to determine whether to approve the Resolution and authorize the payment or whether it wished to wait until after the September 17`" meeting with the Elections Office to authorize the payment. Motion- Councilman Garbarino/Second- Councilman Addiego: to approve Resolution No. 96-2008. Unanimously approvE;d by voice vote. 12. Resolution No. 97-2008 adopting the Compensation Program for the South San Francisco Executive Management Unit. City Manager Nagel explained the agreement was consistent with current policy with respect to salary increases and recommended approval of the Resolution. Mayor Pro Tem Matsumoto thanked Executive Management staff for leading by example. Councilman Addiego questioned whether the in lieu benefits option had been taken off the table in the contract. REGULAR CITY COUNCIL MEETING AUGUST 27, 2008 MINUTES PAGE 8 City Manager Nagel responded that it had not. Motion- Mayor Pro Tem Matsumoto/Second- Councilman Mullin: to approve Resolution No. 97-2008. Unanimously approved by voice vote. CLOSED SESSION 13. Pursuant to Government Code section 54956.8 real property negotiations related to property located at Oyster Point Marina, Gull Drive at Oyster Point Blvd. Negotiator: Oyster Point Ventures LLC. Agency Negotiator: Marty Van Duyn. Under Negotiation: price and terms of payment. This item was not heard as it was unnecessary due to the passage of Resolution No. 91- 2008 on the Consent Calendar. COUNCIL COMMUNITY FORUM ADJOURNMENT Being no further business, the meeting was adjourned at 8:43 p.m. in honor of Joseph A. Fernekes. Submitted by Krista artinelli-L rson, City Clerk City of th San rancisco Approved: Pedro Gonzalez, ayor City of South San Francisco REGULAR CITY COUNCII, MEETING MINUTES AUGUST 27, 2008 PAGE 9