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HomeMy WebLinkAboutMinutes 2009-10-28ov~x sA 5 > =<-~ \ ~ ~~ =~~yti o`` r 11 \ V ~ ~ , CITY COUNCIL ~`~ cALlpoRr``' CITY OF SOTJTH SALT FRANCISC~J REGULAR MEETING MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE `JVEDNESDAY, OCTOBF;R 28, 2009 CALL TO ORDER: 7:04 P.M. ROLL CALL: Present: Councilmen Garbarino, Gonzalez and Mullin, Vice Mayor Addiego, and Mayor Matsumoto. Absent: None. PLEDGE OF ALLEGIANCE PRESENTATIONS Led by Mayor Matsumoto. • Certificates of Reco ni~n presented to Windbreakers Football Team. Councilman Garbarino made the presentation. The team consisted of World War II veterans who were South San Francisco residents and amateur players who played for love of the game. Certificates of recognition were presented to South San Francisco Windbreakers Football Team participants and/or their spouses, including Lydia Barbetti, Aldo Di Tomasi, Doris DeZordo, Robbie Huerta, Bertha Iskra, Patrick Neutini, Florence Aiva, John Petroff, Albert Boydo, Sam Nicolopolous and Manola Scovel. Councilman Garbarino thanked the group and noted the team was an integral part of the City's history. Mr. Di Tomasi thanked Councilman Garbarino and Council.. He provided a brief history of the team as follows: when they got out of the service in 1946, a bunch of South San Francisco High School alumni got together and started playing against the high school students. That is how the club got started. They used to practice after work by the old tennis courts at Orange Park. The City moved the lights so they could practice there at night. They practiced 5 nights a week and played on Sundays. They played all over, Santa Cruz, San Jose, Sacramento. They were a semi pro team. A year or two after they started, the San Francisco 49ers contacted them and asked them if they wanted to be their farm team and play in Kezar Stadium. The club officers gat together and decided if the 49ers wanted- the Windbreakers to pay the stadium's rent which was too high, they would refuse the offer. He said that Robbie Barbetti was the best man on the team and carried it quite a bit and he also tried out for the 49rs. He thanked Council again for the recognition. • Certificate cf Recognition presented to Dr. ~ elvin Choi of SSF Dental Care. Mayor Matsumoto made the presentation. She presented Dr. Choi and volu~itcLrs of South San Francisco Dental Care with a certificate of recognition for providing one day of free dentistry at the September Dentistry from the Heart Event. She commended his efforts and those of his volunteers to give back to tree community by helping people in need cf dental work. Presentation of the 200%2009 MISAC Excellence Award to Council b Schoening, MISAC State Officer. MISAC State Officer Joan Schoening presented the City with a MISAC Excellence Award in Information Technology Practices. This was the eighth year South San Francisco received the award. The Excellence Award requires a detailed submittal describing the IT Department's operations related to 10 specific areas, they include: budget preparation, project management, strategic planning and disaster recovery. Only 17 awards were given this year. This award was given by the State Organization of IT Directors and Managers in recognition of outstanding work performed by the IT Department of South Sari Francisco. She congratulated IT Director Doug Hollis and staff for the work they do. IT Director Hollis thanked Ms. Schoening and commented that the IT Department also supports the Town of Hillsborough. He introduced the IT staff. He thanked Council and appreciated the opportunity to come before Council and be recognized for the job they do. • Halloween Safetv Presentation by Fire Chief White and Chief of Police Massoni. Fire Chief Phil White shared some of the things that can be done to make Halloween safe: go out early and end early; be out and about before it gets completely dark; wear light colored costumes. Police Chief Massoni talked about security. The Police Department recommended that children have an adult with them at all times while trick-or-treating. When crossing the street do it at a crosswalk, well lit intersection and obey all the traffic signals. Do not eat any candy until an adult has inspected it first. Take anything that can be opened out of the bag and throw it away. The Police expect to be busier this Halloween because it is on a Saturday. AGENDA REVIEW No changes. PUBLIC COMMENTS REGULAR CITY COUNCIL MEETING OCTOBER 28, 2009 MINUTES - 2 - None. ITEMS FROM COUNCIL Announcements. • Committee Reports. Councilmembers reported on attendance at community meetings and events, including a High Speed Rail Working Group, the Do`vntown Business Subcommittee, a Town Hall meeting for the Filipino community sponsored by Congresswoman Jackie Speier, a HEART Meeting, a Regional. Airport Planning Committee Meeting, Oyster Point Marina Ferry Terminal Ground Breaking Ceremony and the Bay Trail Bridge Dedication, among others. Council congratulated Library Director Sommer upc-n receipt of the Historical Society's Victor Feudale Award. Specific items for further action and/or consideration were set forth as follows: Vice Mayor Addiego mentioned from his first day of the political campaign season to today, the one issue he had heard a lot about was the red light cameras in town, especially the ones at Westborough Boulevard. When he supported the red light cameras it was with the idea that when somebody runs a red light, it is probably the most dangerous thing that can occur. The major complaint he hears, is that in California it is legal to turn right on red and that people in South San Francisco slow down and coast through and are getting tickets for right turns on red approached as such. The ticket can be very expensive at over $500. He was supportive of the red light cameras for safety, but he asked Chief Massoni to provide a report in the future regarding which violations are occurring and what type of discretion an officer has in applying a fine in a uniform .manner. Vice Mayor Addiego requested that the meeting be adjourned in honor of Gale Dreisbach. Councilman Garbarino requested that the Meeting be adjourned in honor of Lee Heise. Mayor Matsumoto requested to adjourn the meeting in honor of Malta's Consul General Vasalos and in memory of Peter Busalacchi. • Resolution No. 89-2009 establishing a Sister City Relationship with the Basque City of Donibane Garazi, and authorizing the Mayor or his or her designee to journey to Donibane Garazi. Frank McAuley, President of the South San Francisco Sister Cities Committee reported on the disaster in the Philippines. South San Francisco's Sister City Pasig was affected by a typhoon that hit on September 26. He described local efforts to assist. Mr. McAuley next advised that the Committee had unanimously agreed to present a Resolution to Council seeking to add the Basque City of Donibane Garazi. He then introduced Pierre Etcharren of the Basque Cultural Society to make a short presentation to the Council. REGULAR CITY COUNCIL MEETING OCTOBER 28, 2009 MINUTES - 3 - Mr. Etcharren made a presentation including pictures of the Ciiy, explaining its location in the Basque Region and providing ether demographics. He thanked Council for considering u:~nibane Garazi as a potential Sister City. Councilman Gonzalez commended tl~e Basque Cultural Colter for its presence in the Community. He opined Donibane Garazi would be an active Sister City participant. Councilman Garbarino opined this was a golden opportunity to embrace not only the community, but another city. Over the years the Basque community had been very active and supportive of South San Francisco. He was in favor of adding Donibane Garazi as a Sister City. Vice Mayor Addiego marveled at what the Basque community had brought to South San Francisco from the time he had the pleasure of being at the Basque Cultural Center Ribbon Cutting Ceremony when he first served as Mayor, to the most recent when he met ex President Bill Clinton. He supported adding Donibane Garazi to South San Francisco's Sister City roster. Councilman Mullin stated support for the addition. Mayor Matsumoto noted the Basque Community had been responsible for bringing several dignitaries to South San Francisco over the years and she supported including Donibane Garazi as a Sister City. Motion -Councilman Gonzalez/Second Councilman Garbarino: to approve Resolution No. 89-2009. Unanimously approved by voice vote. CONSENT CALENDAR Motion to approve the minutes of September 23, 2009. 2. Motion to confirm the expense claims of October 28, 2009. 3. Waive reading and adopt an Ordinance amending Section 3.12.010 of the South San Francisco Municipal Code updating personnel position. 4. Waive reading and adopt an Ordinance adding Chapter 8.62 to the South San Francisco Municipal Code regulating skateboard parks. 5. Resolution No. 90-2009 authorizing the City Engineer to file an application for Federal American Recovery and Reinvestment Act of 2009 (ARRA) funding and providing assurance of project completion. Motion -Councilman Garbarino/Second Vice Mayar Addiego: to approve Consent Calendar Items Nos. 1, 2 and Resolution No. 90-2009. inanimously approved by voice vote. REGULAR CITY COUNCIL MEETING OCTOBER 28, 2009 MINUTES - 4 - Item No. 3: Councilman Mullin questioned why City Ordinances had to be published in the San Mateo Times and whether the City had discretion. to utilize another paper such as the Examiner or Daily Journal. City Clerk Martinelli-Larson explained the City's ordinances were generally written to require pubiicatior~ iii the San ivlateo County Times. However, she plar~r~zd to meet with representatives of ire Bay Area News Group to discuss options for publishing the City's notices in oth°r papers. Motion -Councilman Mullin/Second Councilman Gonzalez: to adopt Ordinance No. 1415-2009. Unanimously approved by voice vote. Item No. 4. Councilman Mullin pointed out a scribner's error in the Ordinance as follows: " ............:prohibits any operator of a skateboard park to permit any permit to ride a skateboard......." He opined the erroneous portion should read "any person to ride a skateboard in a skateboard park." City Attorney Mattas advised Council could adopt the ordinance without having to re- introduce it since the correction involved a scribner's error. Motion -Councilman Mullin/Second Councilman Gonzalez: to approve Ordinance No. 1416-2009. Unanimously approved by voice vote. LEGISLATIVE BUSINESS 6. An Urgency Ordinance of the City of South San Francisco making findings and establishing aCity-wide moratorium on the issuance of use permits and building permits for Medical Marijuana Dispensaries pending adoption of the Zoning Ordinance L7pdate. City Attorney Mattas presented the staff report as follows: as the Council was aware South San Francisco adopted medical marijuana regulations in 2006. Subsequent to that time, there had been some developments in case law in California. which suggested that cities had greater regulatory authority in terms of the circumstances under which they choose to allow medical marijuana collectives. A case recently issued by the appellate courts clarified this authority. Some jurisdictions that have medical marijuana dispensaries and collectives had experienced some level of criminal activity at or near their dispensaries. South San Francisco did not presently have a collective but one had been approved by the Planning Commission and was presently on appeal to the Council. In light of the recent developments in the law that may affect the City's regulatory authority and also in the context of the zoning code update, staff thought it would be appropriate for the Council to adopt a moratorium on the authorization of Use Permits and Building Permits for medical marijuana collectives and dispensaries until such time staff could evaluate the level of regulation that the City may wish to adopt, or whether the City may want to prohibit these types of uses. The ordinance before the Council was an urgency ordinance that would prohibit the approval of medical marijuana collective use permits as well as building permits and it would be in existence for 45 days. It required a 4/5 vote of the City Council. If it were to be extended because the zoning ordinance update had not been adopted, staff would come back before the City Council at a noticed public hearing and the Council __ REGULAR CITY COUNCIL MEETING OCTOBER 28, 2009 MINUTES - 5 - would have an opportunity to continue the moratorium if it wished to. From staff's standpoint, the purpose for bringing this forward was to ensure that the City had the ability to consider options in light of the zoning ordinance update that staff was presently working on. The application that had 'peen ~:ppealed to the City Council :vas not before it at this meeting and he recommended that Council not make comrr~ents specific to that application. The focus of the r~igbit's meeting was whether the Council wished to adopt the moratoriu~r~ now. The City had regulations gild medical marijuana collectives ~,~~ere allowed with a Use Permit in certain areas within the City. Attorney Tom Roth representing the adjacent property owner of the proposed medical marijuana collective wanted to make Council aware of the appeal and some issues. He noted that he also represents anon-profit corporation called The Center for Balanced Land Use. That organization opposed the proliferation of medical marijuana facilities in California. The appellant was is support of the moratorium. Possession and use of marijuana are still a violation under federal law. Other similar facilities in other cities around California had experienced increased crime and violent crime, robberies and burglaries. These facilities sometimes have significant amounts of marijuana inside. The proposed facility would have up to 50 lbs. with the street value of up to hundreds of thousands of dollars. The facility being proposed in South San Francisco was close to a gun and ammunition shop and a beer distributor. The City had an obligation to plan more responsibly than that and he applauded the City's moratorium and commitment to study the issues in more depth. Tom Murphy, owner of Alyco Company, located at 179, 183 and 187 Utah Avenue strongly urged the Council to approve the 45 day moratorium and hopefully after reviewing the problems associated with collectives deny the application. He appreciated and thanked the Council for hearing him. Alda, a cancer survivor, spoke of the benefits of medical marijuana. After months of feeling horrible, the medical. use of marijuana had made her feel better. She understood concerns, but requested that Council punish those whc do not follow the guidelines as opposed to prohibiting collectives altogether. Farsh Fallah mentioned that a second application would have been filed for another cannabis club, but South San Francisco only accepts applications on the last Friday of the month. He hoped Council would reconsider the moratorium. Vice Mayor Addiego asked Mr. Fallah if he would disclose the location he had identified for his business. Mr. Fallah replied on Littlefield Avenue on the other side of 101 around companies like Genentech and many other companies that had a lot more stock in their warehouses than his company would ever have. He believed there were probably many more break-ins at pharmacies for Oxyncotin than at all the dispensaries in California. Scot Candell, an attorney representing patients in South San Francisco, addressed Council regarding Proposition 215. He noted the City's 2006 ordinance included regulations that were crafted to maintain a proper balance. He questioned the urgency of the ordinance before Council since not much had changed since 2006. He opined the urgency was that REGULAR CITY COUNCIL MEETING OCTOBER 28, 2009 MINUTES - 6 - patients in South San Francisco had organized and formed a nonprofit organization to legally open a collective in the City. ale advised Council of studies that dispelled fears of crime associated with dispensaries and collectives. Mayor Matsumoto asked how many pati~r~ts lived in South San Francisco. Mr. Candell replied he represented both collectives, combined he believed them were over lOQ patients. For the number of South San Fra::Lisco residents the Mayor would have to speak with each respective collective. City Attorney Mattas clarified that the City would accept applications during the moratorium. The moratorium, for the time period. a new regulation was being considered, `would prevent there being an approval of either a Use Permit or a Building Permit. In response to Mr. Candell's point regarding urgency, he noted the urgency was based on an intervening expression of law by the appellate courts as opposed to the fact that a collective had been proposed. Mayor Matsumoto asked what is allowed under the City's current ordinance, collective, dispensary and/or delivery service. City Attorney Mattas replied that under the current ordinance dispensaries are not allowed. Collectives are allowed with a conditional use permit and have a number of regulations attached to them. For instance, the primary caregiver cannot serve more than 10 patients individually. The present ordinance is generally consistent v~,~ith the Attorney General's provisions regarding collectives. The appellate court decision did look at the Attorney General's provisions and still concluded that cities are not obligated to allow these as conditioned or permitted uses within a city. The law does not limit the Council's authority to decide how they would have land uses approved. Vice Mayor Addiego opined 45 days or maybe longer were necessary. He addressed himself to the young woman who spoke, that in 1996 he and the majority of South San Francisco voted yes on the compassionate use act. He suggested that while a good amount of time had gone by, the landscape could change significantly. Councilman Garbarino agreed with Vice Mayor Addiego's comments. Council should move forward with the moratorium. City Attorney Mattas clarified that the urgency ordinance established a prohibition on collective type uses, where there were multiple primary caregivers together. The ordinance did not prohibit individual cultivation for compassionate use. Councilman Gonzalez supported the recommendation on the issue of the zoning code. He favored the moratorium. Councilman Mullin asked when the City Council would adopt the zoning ordinance update. Assistant City Manager Van Duyn replied it depended on when the public hearing would take place at the Planning Commission. REGULAR CITY COUNCIL MEETING OCTOBER 28, 2009 MINUTES - 7 - Councilman Mullin noted there were very compelling statements made. He supported medicinal marijuana as a concept and voted for Proposition 215, especially the non-profit component for seriously ill patients. He noted concerns with local land use and implementation of the mat±er in individual communities. He opined C~ t~ncil needed some time to evaluate considerations and supported the moratorium. Motion -Vice Nlayor Addiego/Second Councilman Garbarino: to approve Ordinance No. 1417-2009. Unanimously approved by the following roll call vote: AYES: Councilmen Garbarino, Gonzalez and Mullin, Vice Mayor Addiego ai2d Mayor Matsumoto. NAYES: None. ABSTAIN: None. ABSENT: None. PTJBLIC HEARNG 7. Centrum Logistics Center Use Permit Centrum Properties, Inc./Owner City of San Bruno, Appellant 1070-1080 San Mateo Ave. AP09-0003: P08-0041, UPGB-0004, DR08-0019, EIR08-0003, PM09-0001 & TDM08-0002 Appeal of the Planning Commission approval of Planning Application P08-0041 certifying an Environmental impact Report assessing the development impacts, and adopting a Statement of Overriding Considerations and Mitigation Measures, Use Permit and Design Review allowing a 624,048 square foot multi-tenant industrial facility, with 24 hour operation, outdoor storage of truck and trailers, convenience and limited service restaurants, uses generating in excess of 100 ADT, a new parking lot and landscaping, a Tentative Parcel Map merging two abutting properties, and a Transportation Demand Management Plan reducing project parking and traffic, situated at 1070 San Mateo Avenue (APN 015-163-230) and 1080 San Mateo Avenue (APNs 015-163-120) in the (M-1) Industrial Zoning District, in accordance with SSFMC 20.90. Continued from Regular Meetings of September 23, 2009 and October 14, 2009. Public Hearing Opened: 9:09 pm Public Hearing Closed: 9:09 pm Motion -Vice Mayor Addiego/Second -Councilman Garbarino: to continue the public hearing to the meeting of November 18, 2009. Unanimously approved by voice vote. Recess: 9:10 pm Reconvene: 9:20 pm ADMINISTRATIVE BUSINESS 8. Resolution No. 91-2009 approving the form of and authorizing the execution and delivery of a Purchase and Sale Agreement and related documents with respect to the sale of the seller's Proposition lA receivable from the state; and directing and authorizing certain other actions in connection therewith. Finance Director Steele presented the staff report. The state as part of its budget balancing borrowed $2 million from property taxes for South San Francisco for 09-10. The cities require under Proposition 1 A to be paid back with interest within three years. Legislators REGULAR CITY COUNCIL MEETING OCTOBER 28, 2009 MINUTES - 8 - placed a clause where cities can participate by selling their lcan receivable that the City would be paid in a few years to the California Communities. The City will receive ±he $2 million in cash up front this year, as the City would normally receive property tax. The City will not pay any debt or issuance costs. The C ~~ancil had before it a resolution which authorized the Finance Director, the City i~~Ian~ager, or, Assistant City ir~anager to sign documents on 'oehalf of the City which would allow them to enter into the Purchase Gild Sale Agreement which would allow getting the $2 million this year. Vice Mayor Addiego noted there v:Tas ilc handling fee. Councilman Garbarino agreed it was a good deal. Councilman Gonzalez agreed it should be approved. Mayor Matsumoto commented that ultimately the tax payers will pay. City Attorney Mattas stated that the Council could adopt a resolution approving the form of and authorizing the execution and delivery of the Purchase and Sale Agreement and related documents with respect to the sale of the Seller's Proposition lA receivable from the state and directing and authorizing certain other actions in connection therewith. Motion -Councilman Gonzalez/Second -Councilman Garbarino: to adopt Resolution No. 91-2009. Unanimously approved by voice vote. 9. Year-end Financial Results and Resolution No. 92-2009 authorizing various budget actions that allow staff to close the books for Fiscal Year 2008-09. Finance Director Steele stated that Fiscal Year 08-09 ended June 30th 2009. From- that date until around November/December staff closes the books. The resolution under consideration would allow staff to take various budget actions to close the books. He then updated Council on the year's end results. Motion -Vice Mayor Addiego/Second -Councilman Garbarino: to adopt Resolution No. 92-2009. Unanimously approved by voice vote. 10. Actuarial Review of the Self-Insured Workers' Compensation Pro rg_am. Finance Director Steele provided an informational report on the actuarial study done of workers' compensation claims. The City purchases an excess insurance policy for single workers' compensation claims which exceed $500,000. iJnfortunately there are times it needs to tap into that policy. It protects the City against very high lawsuits. The broker that acquired the insurance for the City required an actuarial study to show how much was set aside. The report showed over time average dollars per claim on the left side and the number of claims per million of dollars. The report showed that overtime the number of claims was decreasing but the value of claims was going up. 11. Motion to implement a Fire Department Vehicle Donation Program. REGULAR CITY COUNCIL MEETING OCTOBER 28, 2009 MINUTES - 9 - Managerrient Analyst Christina Crosby and Billing Specialist Sara Bachmann made the presentation a power point presentation proposing a vehicle donation program to augment the fire prevention and public education budget. Motion -Vice 1~Iayor Addiego/Second - Co~ancilrr~aii. Mullin to implerr~,nt a vehicle donation program. Unani~~~ously approved by voice vote. COMi~~UNITY FORUM Mayor Matsumoto requested that plastic water bottles be replaced with pitchers of water at ~~ouncil meetings. CLGSED SESSION 12. Existing Litigation (Pursuant to Goverrunent Code Section 54956.9(a).) Selvitella v. City of South San Francisco Closed Session opened: 9:43 p.m. Open Session resumed: 10:00 p.m. Report out of closed session by Mayor Matsumoto: No Reportable Action. ADJOURI~TMENT Being no further business, Mayor Matsumoto adjourned the meeting at 10:00 p.m. in honor of Lee Heise, Peter Busalacchi, Malta's Honorary Consul General Vasalos and Gale Dreisbach. Submitted by: Approved: .,.~~ ~ rista Ma - rson, City Clerk J'~' ,Mayor City of South an Francisco City of South San Francisco REGULAR CITY COUNCIL MEETING OCTOBER 28, 2009 MINUTES - IO -