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HomeMy WebLinkAboutMinutes 2008-10-08S~~~N' SAN `C~r' ~'c - sy1.92 H u' n U O ..~_ ~,~ ~`~LIFUR~IP CALL TO ORDER: ROLL CALL PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS • Police/Fire Awards and Citizen Recognitions. Led by Mayor Gonzalez. Given by Revered Dr. Gabrielle Schroeder of Our Redeemer Lutheran Church. Chief of Police Raffaelli and Fire Chief White presented citizens with certificates of recognition for outstanding acts of service in the community. Chief of Police Raffaelli first presented Haraldo Gomez. Mr. Gomez' actions were essential to the capture and apprehension of a bank robbery suspect. As the robber was exiting the Wells Fargo Bank on Linden Avenue, Mr. Gomez called the police from his cell phone, exited the bank and chased the robber. He continued to chase the robber and provide the police with information regarding his whereabouts and activities. Due to the information Mr. Gomez provided, the robber was subsequently apprehended and all stolen money was recovered. Chief Raffaelli thanked Mr. Gomez for going above and beyond the call of duty to provide assistance leading to the robber's apprehension. Chief of Police Raffaelli next presented Jesus Aguilar, the owner of Liberty Market on Linden Avenue. A suspect brandished a large knife at a Liberty Market store employee and chased the employee attempting to commit a stabbing. Mr. Aguilar head butted the suspect in the chest as the employee ran past him. This caused the suspect to stab Mr. Aguilar five (5 j times. While Mr. Aguilar lay injured he yelled for the employee to leave the store. The suspect returned and ordered Mr. Aguilar to walk over to the cash register MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE WEDNESDAY, OCTOBER 8, 2008 7:00 P.M. Present: Councilman Addiego, Councilman Garbarino, Councilman Mullin, Mayor Pro Tem Matsumoto, and Mayor Gonzalez. Absent: None. and remove the money. Mr. Aguilar nearly lost his life because of his brave efforts, which saved the employee. Chief of Police Raffaelli commended him for his courageous actions. Fire Chief White presented Carolyn Hernaez Hudsall. Ms. Hernaez Hudsall responded to screaming calls for assistance from students. She found a student choking and unable to breathe. She performed the Heimlich maneuver on the student and the student recovered. Chief White commended her actions, which saved the student's life. Fire Chief White next presented Leslie Koons and Tames Kusteacs. Ms. Koons and Mr. Kusteacs took prompt and aggressive action to alert their neighbors of a structure fire in the neighbors' home. After investigating and identifying smoke coming from the home, Ms. Koons called 911 and Mr. Kusteacs pounded on the door to wake up the occupants. The smoke detectors in the home were not working and the actions of Ms. Koons and Mr. Kusteacs saved their neighbors' lives. Fire Chief White commended them for their actions. Mayor Pro Tem Matsumoto reminded residents that the Fire Department will visit homes free of charge to advise on the placement of smoke detectors and assist with installation. Chief of Police Raffaelli next presented Carlos Neves. Mr. Neves put himself at risk of harm when he took action to assist an Officer that had been sprayed in the eyes with a chemical substance by an attacker. Mr. Neves observed the Officer chasing the attacker and saw the attacker run back towards the Officer. The Officer retreated behind a vehicle and deployed a taser. Mr. Neves gave chase to the Officer's attacker and was sprayed in the face with a chemical substance. Mr. Neves wrestled the attacker to the ground until he was joined by Officer Lopez who took the attacker into custody. Chief of Police Raffaelli commended Mr. Neves for going above and beyond the call of duty to aid an Officer in need. • Proclamation in honor of Fire Prevention Week presented by Mayor Gonzalez. Mayor Gonzalez presented Safety Inspector Henderson-Davis with the Fire Prevention Week Proclamation, which proclaimed October 2008 as Fire Prevention Month in South San Francisco and encouraged citizens to protect their homes and families by heeding fire safety warnings. Safety Inspector Henderson-Davis emphasized the importance of home and work safety in the prevention of fires. During the month of October, the Fire Department was visiting schools and teaching children about smoke detectors and the importance of fire safety. It also hoped to visit homeowners' associations to provide further fire safety related education. AGENDA REVIEW None. REGULAR CITY COUNCIL MEETING OCTOBER 8, 2008 MINUTES PAGE 2 PUBLIC COMMENTS Resident and President of the Rotary Club Ed Bortoli announced a basketball game fundraiser that would take place on October 25, 2008 between the Police and Fire Departments. The event would benefit South San Francisco High Schools' vocational programs, science, arts and music. He encouraged Council and residents to attend the event. District Attorney Fox appeared to address Council regarding Proposition 5 that would appear on the November 4, 2008 ballot. He opined Proposition 5 presented a great threat to public safety. He further stated Proposition 5 was terribly mislabeled as the Non-violent Drug Offender Rehabilitation Act, because it was not limited to nonviolent drug offenders and failed to include accountability provisions. He urged Council to take action formally opposing the proposition as had many other City Councils and agencies. Mayor Gonzalez questioned the City Attorney as to whether Council could take a position on the Proposition. City Attorney Mattas advised Council could take a position on the Proposition, but could not expend City funds in support or opposition. He further noted that any formal action relating to the proposition would need to be agendized. ITEMS FROM COUNCIL • Announcements. • Committee Reports. Councilmembers reported on attendance at community meetings and events, including the South San Francisco Elk's Club's 50th Anniversary and the Concert in the Park Event. Residents were advised of upcoming events, including County sponsored community meetings regarding jail planning, one of which would be held at El Camino High School on October 23, 2008 from 7:00 p.m. to 9:00 p.m. Council also notified residents the South Francisco Unified School District's Candidates' Forum would be rebroadcast on Comcast Channe126 or Astound Channel 27 on October 21st at 10:00 p.m., October 22nd at 9:00 a.m. and November 1st at 8:00 p.m. The broadcast was also available for viewing anytime on the City's website (www.ssf.net). Council congratulated staff for its efforts leading to the successful completion of the Bicycle and Pedestrian Map. Specific items for further action and/or consideration were set forth as follows: • Consideration of request from the South San Francisco Historical Society pertaining to installation of a flag pole at 80 Chestnut Avenue. Assistant City Manager Van Duyn advised that Public Works Director White had investigated the possibility of installing a flag pole at 80 Chestnut Avenue, which had been leased to the Historical Society. He estimated a cost of up to $5000 to purchase and install a new flag pole. He further stated a less expensive option involved installing an out of use flag pole currently located in storage at the Corporation Yard. The Public Works Director believed the latter option could be accomplished for around $1500. Assistant City Manager Van Duyn advised Council should agendize the item for future action if it wanted REGULAR CITY COUNCIL MEETING OCTOBER 8, 2008 MINUTES PAGE 3 to proceed with either option. Councilman Garbarino commented he would like to see the item agendized for future action. Mayor Pro Tem Matsumoto stated support for the idea of installing a flag pole at the property, but expressed concern over setting precedent that might impact other City co- sponsored groups. Councilman Addiego opined one of the better outcomes of the year had been the very fair lease of the building to the Historical Society for what could amount to a twenty-five year term. He stated he would not have a problem with in-kind contributions, but would have to say no to expending additional funds to install the flag pole. Mayor Gonzalez expressed concern over the amount of money the City might potentially lose as a result of state budget and other actions and noted it may not be the best time to expend funds on a flag pole. He expressed a desire to bring the item back for discussion/action at Council's next regular meeting. CONSENT CALENDAR 1. Motion to approve the minutes of September 10, 2008, September 17, 2008 and September 24, 2008. 2. Motion to confirm expense claims of October 8, 2008. 3. Motion to accept the Shaw Road Storm Drain Upgrade Project as complete in accordance with the plans and specifications. 4. Motion to waive reading and adopt an ordinance amending the South San Francisco Municipal Code, Chapter 20, Sections 20.06.230, 20.26.060 and 20.74.060 to provide provisions for sidewalk dining in the Downtown Commercial (D-C) District in conjunction with restaurants or other businesses selling food and/or beverages, and related standards for sidewalk seating. 5. Acknowledgment of Proclamation issued to Al Teglia on the Occasion of ICF Branch No. 19's Celebration of his Life on October 3, 2008. Motion- Councilman Garbarino/Second- Councilman Addiego: To approve Consent Calendar Items Nos. 1 and 3-5. Unanimously approved by voice vote. Item No 2: Councilman Mullin requested Director of Finance Steele to explain certain pass-throughs to the City of Burlingame for the BID assessment. Director of Finance Steele advised the BID assessment pertained to the Business Improvement District. The cities in San Mateo County agreed to an additional hotel tax assessment that appears directly on hotel bills. The assessment goes to the San Mateo County Convention and Visitors Bureau for the purpose of promoting local REGULAR CITY COUNCIL MEETING OCTOBER 8, 2008 MINUTES PAGE 4 hotels and facilities. Participating cities receive the assessment directly and forward it to the City of Burlingame, which serves as the Fiscal Agent for the Convention and Visitors Bureau. Motion- Councilman Pvlullin/Second-Coundlman Addiego: to approve Consent Calendar Item No. 2. Unanimously approved by voice vote. PUBLIC HEARING 6. ,~'~pplicant: l3ob 4lcl:enr~an Owner: City of Sol~th San F~•ancisco I'08-0046: PP08-0001 DR08-0021 P~•ecise :Plan and :Design EZ~view application to allow the establishment of an 8,c)00 square foot spa «~; fitness facility it1 the vacant portion of a l 3, l ()0 square foot building at 3E0 Oyster Point Blvd. on Parcel 2 in tl~e Oyster Point Marina Specific Plan i~~ accordance ~vit:h SSFMC 20._5. Continued from Regular Meeting of September 24, 2008. Councilman Garbarino stated he had reviewed the tape and read the minutes and staff report related to presentation of this item at the September 24, 2008 Regular Meeting, which he had been absent from. He further stated he had met with the applicant to visit the site sometime in July or August. Public Hearing Opened: 8:04 p.m. Resident and Local Business Owner Dee Scharff expressed her passion for Grand Avenue and stated Council had put tremendous effort into rehabilitating the Downtown District. Recent and planned improvements focused on convenience for patrons of the Downtown Businesses. Ms. Scharff expressed hope that Grand Avenue would one day become a promenade and requested that Council keep the growth of small businesses on Grand Avenue in mind. Attorney Nadia Holober representing Applicant Bob McLennan addressed Council and thanked staff for its review and comments related to the application. She presented the application as a proposal to open a fitness center and spa to be operated in conjunction with the Inn at Oyster Point. The proposed business would also serve East of 101 employees. The business would occupy an existing vacant building. Aside from security upgrades requested by the South San Francisco Police Department, the only proposed changes to the outside of the building pertained to making it accessible for disabled persons. Accessibility modifications would also be performed on the inside of the structure. Ms. Holober advised the applicant was aware the City was presently negotiating with a Developer regarding the Oyster Point Marina and noted that Mr. McLennan had met with the Developer regarding the project. Regarding outstanding issues from Council's previous discussion of the application, the parking lot would be restriped to facilitate more spaces and resealed to address potholes and cracks in the pavement. Landscaping would also be added to the parking lot. Ms. Holober further advised the applicant understood Council's concerns regarding parking. Accordingly, the parking lot would include the number of spaces REGULAR CITY COUNCIL MEETING OCTOBER 8, 2008 MINUTES PAGE 5 required by code. The applicant also proposed a transportation management plan and was working with the owners of the Inn and Dominic's with respect to parking. Applicant Bob McLennan thanked Council for consideration of the application. He advised a letter from Dominic's owner in support of the project had been delivered to the Planning Department earlier in the day and noted he had discussed parking attendant arrangements to be considered during peak events with Dominic's. Mr. McLennan also advised he had considered the Mayor's request for a youth program. Accordingly, he planned to offer a summer scholarship program that would permit youth aged 14-17 years to use the fitness facilities free of charge under parental supervision. Parents would not be required to join the facility to gain access for supervisorial purposes, but parents wanting to use the facility would need to join. Ms. Holober provided additional details regarding the proposed summer scholarship program noting it would be available only to children residing in South San Francisco and might be limited to particular days based upon occupancy. She closed by advising the applicant was agreeable to all conditions of approval. Public Hearing Closed: 8:14 p.m. Councilman Addiego advised that since Council's previous discussion of the application, he had engaged in conversations that had changed his opinion about the project. He expressed appreciation for the applicant's efforts to accommodate the Mayor's request for a program that would benefit South San Francisco's youth. Councilman Garbarino expressed support for the project. He stated that while he could envision a better use for the property, there had not been anyone interested in pursuing such use. He questioned the amount of space that would be used for the spa. He further questioned the number of patrons expected to come from the Inn and requested information on the progress of a joint marketing plan for the Inn and proposed facility. Architect Joel Cantor advised the massage space would occupy 600 square feet. Mr. McLennan stated a precise estimate of hotel related patronage was not possible. However, occupancy was typically around 60%, thus the business could not survive solely on patronage from the Inn. Regarding a j oint marketing plan, Mr. McLennan advised the intent was to use a program similar to those employed by the owner of the Oyster Point Inn at other jointly marketed properties along the California Coast. Councilman Garbarino expressed support for the project noting that an applicant willing to accept all the conditions placed upon him and make an investment of the type proposed deserved a shot at making the project work. Mayor Pro Tem Matsumoto stated she did not believe the application presented the highest and best use for the property at issue, which she opined was prime property within the City. She further expressed concern that a major condition of approval involved tying the fitness and spa facility to the Inn. Mayor Pro Tem also thanked Ms. Scharff for attending the meeting and reminding Council of its commitment to small businesses on Grand Avenue. She acknowledged that much of Ms. Scharff's clientele came from East of 101 REGULAR CITY COUNCIL MEETING OCTOBER 8, 2008 MINUTES PAGE 6 Businesses. Councilman Addiego added he also did not see the application presented as the highest and best use for the property, but noted that considering the can ent economic situation, it represented an appropriate interim use. He asked the applicant to keep in mind that he viewed this as bridge use of a vacant property. Mayor Pro Tem Matsumoto suggested bringing the application back before Council for review on an annual basis to assess statistics such as whether the fitness/spa facility had increased occupancy rates at the Inn. Councilman Addiego opined that given the applicant's substantial investment, and considering the amount of time it takes for a new business to get off the ground, further Council review might be appropriate in about three (3) years as opposed to every year. Councilman Mullin stated support for the application and noted he was comfortable with the related use designation. He was also encouraged to learn of the community outreach component planned for the project. Mayor Gonzalez questioned whether the Police Department would be checking-in on the business once it was operational. City Attorney Mattas advised the Police Department had already provided input on the project, which was specific to issues pertaining to construction of massage rooms. He added Council could include a condition requiring a periodic report on the project, which might include such items as police review. Councilman Addiego questioned whether Council wanted to consider a mechanism by which it could review the project at some point in the future including such factors as the success of the interrelationship between the fitness/spa facility and the Inn. City Attorney Mattas noted a land use permit runs with the land. Accordingly, Council regulated the use of the land, not the proprietor. As worded, the condition specified that if the connection between the Inn and spa dissipated, i.e. the Inn closed, Council could terminate the conditional use permit for the spa, because it was based upon the determination of relatedness. However, if the Inn was purchased by another entity or the spa was sold, the conditional use permit could not be terminated on that basis alone. Mayor Pro Tem Matsumoto stated that at the last regular meeting, the applicant represented that toiletries tying the Inn and spa together would be placed in hotel rooms. She questioned whether the use permit could be revoked if this relationship failed. Councilman Addiego also questioned whether something short of the Inn's closing could qualify as grounds for termination of the use permit. City Attorney Mattas recommended that Council consider Ms. Holober's letter setting forth the case as to how the uses would be related. He advised the relatedness finding would be based upon the Inn and fitness/spa facility operating within proximity of one another. While the failure of proposed connections between the fitness/spa facility and the Inn, such REGULAR CITY COUNCIL MEETING OCTOBER 8, 2008 MINUTES PAGE 7 as placement of spa toiletries in the Inn's rooms, could be the basis for review of the use permit, City Attorney Mattas did not want Council to be under the impression that such a failure could serve as the sole basis for revocation of the permit. Councilman Addiego observed fitness services would be marketed as free and included in the Inn's room rate. He questioned whether the failure of that connection could serve as grounds for revocation of the use permit. City Attorney Mattas advised such a failure would be stronger grounds for finding a conditional use permit violation. Motion--Councilman Mullin/Second--Councilman Garbarino: To approve planning application P08-0046 based on the findings and subject to the conditions of approval. The motion passed subject to the following vote: AYES: Councilmen Addiego, Garbarino and Mullin and Mayor Gonzalez. NOES: Mayor Pro Tem Matsumoto. ABSTAIN: None. ABSENT: None. ADMINISTRATIVE BUSINESS An Amendment to the Sidewalk Dining Criteria. and Standards Regarding Service of Alcoholic Beverages. City Attorney Mattas presented the staff report noting the proposed amendments to the sidewalk dining criteria were prepared in response to an issue brought up at Council's last regular meeting regarding the City's ability to mandate the use of glasses with alcoholic beverages. The City Attorney's office believed Council had such authority. Accordingly, it was providing Council with two (2) options. The first option mandated the use of glassware and the removal of alcoholic beverage containers from the outside dining area. The second option required service of glassware with alcoholic beverages and provided alcoholic beverage containers could remain on the table, but could not be taken off the dining premises. Mayor Pro Tem Matsumoto stated option two (2) adequately addressed the concerns she raised at the last meeting. Motion--Councilman Mullin/Second--Mayor Pro Tem Matsumoto: to approve an amendment to the Sidewalk Dining Criteria and Standards Regarding Service of Alcoholic Beverages by adopting option two (2). Unanimously approved by voice vote. COUNCIL COMMUNITY FORUM Councilman Addiego commented on the impressive quality of the three (3) candidates for the South San Francisco Unified School District School Board and encouraged residents to watch the candidates' forum at their leisure on the City's website. He invited Information Technology Director Hollis to talk about the City's new live video streaming technology. Director of Information Technology Hollis showed how to access the candidates' forum through the South San Francisco website by visiting "Online Services" and clicking on REGULAR CITY COUNCIL MEETING OCTOBER 8, 2008 MINUTES PAGE 8 "Web Streaming." He then invited the City Clerk to explain how the new technology would impact public access to City Council meetings. City Clerk Martinelli-Larson explained the new technology would permit the City to deliver enhanced public access before, during and after regular City Council meetings. Prior to meetings, the agenda would be available on the website with direct links to staff reports and other documentation under each corresponding agenda item. During meetings, video of the meeting broadcast would be streamed live over the web alongside the corresponding agenda. After meetings, the public could visit the video archives to view the video, which would be indexed by agenda item. Mayor Gonzalez reminded residents that the School Board Candidates' Forum would be re- broadcast on ca':~le channels 26 and 27 on October 21st at 10:00 p.m., October 22nd at 9:00 a.m. and November 1st at 8:00 p.m. ADJOURNMENT Being no further business, Mayor Gonzalez adjourned the meeting at 8:43 p.m. in honor of James Lineberger and Robert Martin. Submitted b ... ist inelli- arson, City Clerk City of South San Francisco REGULAR CITY COUNCIL MEETING MINUTES ,~ Approved: ~~ ~~ Pedro Gonzalez, M or City of South San Francisco OCTOBER 8, 2008 PAGE 9