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HomeMy WebLinkAboutMinutes 2010-05-12~~}~ st~NF l~/II TE S ~o , ~ NU -_ CITY COUl~CIL ~~,-~ CITY OF SOUTH SAN FRANCISCO ~qLl fiOR~~~' REGULAR MEE7,ING MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE WEDNESDAY, MAY 12, 2010 CALL TO ORDER TIME: 7:06 P.M. ROLL CALL: PRESENT: Councilmembers Garbarino, Gonzalez, Matsumoto, Vice Mayor Mullin and Mayor Addiego. ABSENT: None. PLEDGE OF ALLEGIANCE: Led by South San Francisco School Board President Liza Normandy. AGENDA REVIEW No Change. PUBLIC COMMENTS Liza Normandy gave a brief history of Asian Pacific Heritage Month. and invited the community to attend the Asian Pacific Heritage Month celebration taking place on Sunday, May 23 at the Municipal Services Building 33 Arroyo Drive. For more information please call (650)794-1910. Pastor Robert Forester of New Life Church addressed Council to request the Church no longer be charged for the annual fire inspection. In recent years, the cost of the inspection has gone from nothing to $325. The Church is a small and non profit. Outreach provided by the church through its many ministries included the Operation Christmas Shoebox, in which low income children are provided with shoeboxes filled with basic hygiene items, school supplies and an age appropriate toy. If fees continue to be charged, programs such as this would be endangered. Pastor Forester respectfully requested Council to look at what small churches provide to the community and to consider his request. Mayor Addiego stated he believed there were certain exemptions that could be applied to non profits and perhaps there could be a report to address the issues at a later date. He requested Chief White speak with Mr. Forester. Before moving on to Items from Council as usual, Mayor Addiego requested Chief Massoni address the community about the recent tragedies that had occurred in the City. Chief Massoni reported on the recent drive by shooting incidents that had occurred within the past few weeks. He noted the police department was working many leads and requested people to come forward with any information. A $25,000 reward was available for information leading to an arrest and conviction of the responsible parties. The Police Department would be conducting outreach within the next couple of weeks to relay fears and insure this does not happen again. He opined the community must come together to bring the violence to an end, adding that we do not want South San Francisco to become like ocher cities that have this happen on a weekly basis. Councilman Garbarino requested the meeting be adjourned in memory of Jose Manuel Lopez, the young man who lost his life during last weeks shooting. Councilman Gonzalez requested to address the Latin community and family of Mr. Lopez in Spanish. He gave thanks to Chief Massoni for his support and vigilance within the neighborhoods. The Councilman also expressed gratitude for the Hermanos Program, who held a car wash attended by hundreds of youth and collected over $9000 for the benefit of the Lopez family. Councilman Gonzalez explained how the Hermanos Program was made up of members who may have, at one point, lived a negative lifestyle but have since changed their ways. Mayor Addiego offered the Lopez family his condolences and gave a brief eulogy of Jose Manuel Lopez, who turned 15 in January and was laid to rest at Holy Cross. He also wanted to assure the community and citizens that incidents such as these would not be tolerated and stressed that we would take care of our own and support our youth and that it was time to recommit to what was important to our community. ITEMS FROM COUNCIL • Announcements. • Committee Reports. Councilman Garbarino reported on his attendance of the badge ceremony for the newly sworn Police Officers and the Town Hall meeting on health care reform hosted by Congresswoman Jackie Speier. He also attended, along with the Mayor, the Biotech conference in Chicago, IL. While there he made a potential fruitful connection with a woman from the German state of Hesse who stated she was looking for space for Asian pharmaceutical companies on the west coast. The Councilman informed her about Takeda Pharmacies, located in South San Francisco because according to them, their representatives can fly straight here from Japan with no connections. He put her in touch with Assistant City Manager Van Duyn in hopes of making a connection. Councilwoman Matsumoto began her report by noting that in addition to it being Asian American History month, it was also Women's Health Month and Older Americans' Month. The Councilwoman reported on her attendance of the Transit Authority and SamTrans meetings where the quarterly reports showed a job growth in small business. REGULAR CITY COUNCIL MEETING MAY 12, 2010 MINUTES - 2 - However, it was still grim budget news that would have a negative effect on the City in ways of service cuts and bus lines. She also met with school district Superintended Dr. Cohen to discuss putting a boiler plate proposal together for the purpose of addressing multiple grant applications. She announced the return of the Farmers' Market back at Orange Memorial Park, every Saturday through October 30, 9:00 a.m. to 1:00 p.m. and the upcoming fundraiser, Jazz by the Bay on Friday, Apri121. Money raised would benefit the City's outreach programs such as its senior and backpack programs. Jazz Trio would be performing, free valet parking provided and there would be an opportunity to view the Centennial Towers. Councilman Gonzalez reported his attendance of the May 6 WETA meeting where the new vessel received was discussed. There would be a tour and free rides given at Jack London Square in Oakland on Monday, May 17. Other business included the approval of the award for the ferry terminal, float and gangway construction was also awarded with work to begin in a couple of months and service beginning at the end. of next year. The Councilman also reported on the new Mills Peninsula Hospital opening was approximately six (6) months away. Progress could be seen by going to www.www.mills-penisiula.or~. Vice Mayor Mullin reported on a discussion he had with the residents of Greenridge Housing located along the El Camino Real, north of the BART transit building. The meeting was at the request of Kevin Pollenti on the topic of civic engagement. He was impressed with the high school students in attendance who shared excellent ideas about after school programs, engaging non-English speaking people, and combating graffiti by perhaps partnering with the Cultural Arts Commission to encourage public art displays. He also met with the County Charter Review to discuss possible changes in the charter that would ultimately be voted on by residents. Currently South San Francisco was split between the 1st and 5th districts. He was hoping that after the Census and redistricting data was available, the City would be made whole within once district as the current split could have a marginalizing effect on the City if there were a switch to district elections. He also felt that public financing for County elections and City campaign financing should be looked at as well. The Conference Center Authority approved an RFP for a market analysis of future development and expansion options as the last report was done in 2002. There was also a demonstration of the Conference center and a discussion. on ways to better link hotels and the center with downtown. The Vice Mayor attended the Employee Recognition luncheon and was a judge at the Malloy Chili cook off. Lastly, he attended a County budget forum where it was learned of the $100 million structural deficit. The County planned on decreasing the gap with a balanced approach of program reductions, labor savings and hopefully new revenues. He noted the difficult time for all government and perhaps it could drive the discussion on combining services and sharing operations between Counties and Cities. Mayor Addiego reported on an upcoming forum on Home foreclosures co hosted by Congresswoman Speier, Assemblyman Hill and Supervisor Tissier. The forum would take place on Saturday, May 15, 10:00 a.m. at the Parkway Heights Middle School. He noted though the bay area's numbers have been smaller, there are still many people facing foreclosures and numbers maybe slightly higher in South San Francisco. The Mayor mentioned a community member had commented on the lack of an adequate bus shelter outside of the Magnolia Senior Center and asked Councilwoman Matsumoto if communities typically got involved with this issue. REGULAR CITY COUNCIL MEETING MAY 12, 2010 MINUTES - 3 - Councilwoman Matsumoto stated it was a SamTrans obligation and she would take the issue to them for consideration. Mayor Addiego spoke about the Biotechnology Conference in Chicago, specifically a contact he made with a teacher from Carlmont High School in Belmont, which has a biotech component in their science curriculum. Her attendance at the conference was completely underwritten by the National Institute of Health. She stated she had emailed teachers in the South San Francisco Unified School District but got no response. He wanted to encourage participation from the district in items such as this and would like to pursue this contact with the Vice Mayor. Lastly, Councilwoman Holober from Millbrae wanted to pass along information about the International Whaling Comr~lission being on the cusp of removing the moratorium on commercial whaling. There will be a rally/protest at the Pacifica Pier Sunday, May 23 at 10:00 a.m. A flyer with details was available with the Clerk. • Resolution in support of H R 5061 • The San Francisco Bay Improvement Act. Before reporting on the House resolution, he was reminded about a resident asking about getting a bus stop at southbound direction of Greenridge. There was already a northbound stop, but it was quite a distance to access a southbound bus on either side of El Camino Real. The Vice Mayor then spoke about the resolution in support of the San Francisco Bay Improvement Act of 2010, H.R. 5061 authored by Congresswoman Jackie Speier. The legislation would directly benefit local concerns and projects. Potential funding for projects facilitating Bay restoration, wetlands restoration and various clean up initiatives could be $100 million a year for 10 years. Motion -Vice Mayor Mullin/Second -Councilman Gonzalez: to approve Resolution No. 40-2010. Unanimously approved by voice vote. CONSENT CALENDAR 1. Motion to approve the minutes of April 14, 2010 and Apri121, 2010. 2. Motion to accept the Main Library Improvements Project as complete in accordance with the plans and specifications. 3. Resolution authorizing the acceptance of $6,550 in donations and grant funding to support the Library's Summer Reading Club and Reader Leader Programs and amending the Library Department's 2009/2010 Operating Budget. 4. Resolution awarding the construction contract to Gamma Builders, Inc. for the Solar System for Annex Building Project in an amount not to exceed $272,300. Resolution approving application for grant funds from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of REGULAR CITY COUNCIL MEETING MAY 12, 2010 MINUTES - 4 - 2006. 6. Resolution authorizing acceptance of a grant in the amount of $98,681 from the Federal Emergency Management Agency to Purchase Hydraulic Power Unit, Cutter/Spreader (Jaws of Life), Stabilization Kit and Air Bag System and amending the Fire Department FY 2009-10 Operating Budget. Council woman Matsumoto requested discussion on Consent Calendar item No. 4. Mayor Addiego questioned if expense claims would be available at next regular council meeting. City Manager Nagel stated they would be available at the next Council meeting. Motion -Councilman Garbarino/Second -Councilman Gonzalez to approve Consent Calendar items 1 through 3, 5 and 6. Unanimously approved by voice vote. Item No. 4: Councilwoman Matsumoto was in support of the resolution but just wanted to make sure there would be asecurity/monitoring mechanism put in place to reduce the risk of theft of the solar panels. Her concern stems from a recent theft reported in Pacifica. City Engineer Ray Razavi introduced the CEO of Sunburst, David Julius to discuss the Councilwoman's concerns. Mr. Julius stated there would be a standard lockbox on site for materials to be stored during construction and materials would not be brought to the site until needed. Theft should not be a matter if things are locked and stored correctly. Once panels were installed, there were different mechanisms that could be looked at to reduce the risk of theft. Councilman Gonzalez suggested perhaps using rivets to secure the panels rather than screws. Mayor Addiego felt the downtown location would act as a deterrent but also wanted to make sure there was security in place. Councilman Garbarino noted security maybe as simple as improved lighting. Engineer Razavi agreed that security was an important issue and a plan would be coordinated with the department, builder and the police department to address the issue. Motion -Councilwoman Matsumoto/Second -Councilman Garbarino: to approve Resolution No. 41-2010. Unanimously approved by voice vote. LEGISLATIVE BUSINESS 7. Waive reading and introduce an Ordinance Updating Chapter 6.48 of the South San Francisco Municipal Code, related to Special Event Permits. REGULAR CITY COUNCIL MEETING MAY 12, 2010 MINUTES - 5 - Chief Massoni presented the report and noted the ordinance was to update the already existing ordinance to clean up issues, bring it up to date and in essence level the playing field for all the venues which hold special events. The ordinance takes into consideration any large event rather than just dances and requires notification on type of event, location, attendance numbers and other event parameters. If after review it is determined that other departments, such as the Planning Department would be involved, the department would forward the application accordingly for the addition of conditions as necessary. Councilman Gonzalez asked if this ordinance would: effect commercial and/or residential events, regulate start and end times and address parking concerns. Chief Massoni responded the ordinance would effect commercial establishments, set end times for 1:30 a.m. and would take all items into consideration upon review. It would also limits types of ticket sales to address attendance capacities and parking issues. Vice Mayor Mullin asked how the community would be notified and stated he would support additional outreach as public notices in the paper typically get overlooked. Chief Massoni noted the Clerk's office publishes newly adopted Ordinances in the South San Francisco Times and posts in the office. He added the Police Department could conduct additional outreach informing community and venue owners. Mayor Addiego added the idea of a community forum with the businesses that could be affected maybe an avenue to explore. He asked if there was any feedback from businesses this evening and received no response. He wanted to make sure of the effects and that exemptions were included. In regards to the classification of a facility; he questioned who determined a service area of the restaurant versus a hall area and whether or not this had been communicated with venue owners. Chief Massoni cited the Basque Cultural Center facilities as example of what would traditionally be considered a restaurant area versus a banquet room. The restaurant area would be exempt but the banquet rooms would apply. Councilman Garbarino asked where the responsibility would lie; with the venue, or the person who books the event. Chief Massoni explained the venue gives the renter a form, which is in turn provided to the Police Department. Permitting would not be required. for items such as a funeral, as they cannot apply for it in the 30 advance that was required by the ordinance. Sergeant Joanie Lee has communicated the changes to some of a good majority of those impacted, but not all. City Manager Nagel suggested staff to conduct outreach before Council approved the ordinance. Mayor Addiego suggested Chamber of Commerce assistance. Just a thought REGULAR CITY COUNCIL MEETING MAY 12, 2010 MINUTES - 6 - Chief Massoni stated Sgt. Lee could contact the Chamber. The venues that may not be members of the Chamber could be contacted by the Police Department. Vice Mayor Mullin asked how the language of the new ordinance had been developed. Was there a boiler plate version or was it created by City? Chief Massoni explained it was largely similar to the existing ordinance with some language added by Meyer Nave. City Attorney Mattas noted the language was based mainly on the experience and input from the Police Department and all the other City departments. Councilman Gonzalez agreed with the idea of holding a community forum before bringing the ordinance back for approval. Motion -Vice Mayor Mullin/Second -Councilwoman Matsumoto: to waive reading and introduce an Ordinance Updating Chapter 6.48 of the South San Francisco Municipal Code, related to Special Event Permits. Unanimously approved by voice vote. 8. Waive reading and introduce an Ordinance amending Chapter 6.78 of the South San Francisco Municipal Code regarding the Digital Infrastructure and Video Competition Act of 2006 (DIVCA). Director of Information and Technology Doug Hollis reported the original Ordinance was passed last April and since has been reviewed by City staff, Comcast and Astound. The changes made were outlined in the staff report presented to Council at this time. Motion: Councilman Gonzalez /Second -Vice Mayor Mullin: to waive read and introduce an Ordinance amending Chapter 6.78 of the South San Francisco Municipal Code regarding the Digital Infrastructure and Video Competition Act of 2006 (DIVCA). Unanimously approved by voice vote. PUBLIC HEARING 9. LEE, ALFRED TR ET AL -Applicant LEE, ALFRED TR ET AL -Owner 465 GRAND AVE APN - 012305050 P08-0065: SA08-0001, UP08-0010, DR08-0031 & AHA08-0001 Tentative Subdivision Map, Use Permit and Design Review applications to establish amixed-use condominium project comprised of six residential dwellings, a 5,442 square foot ground floor commercial unit, common area and a residential parking garage, with an Affordable Housing Agreement ensuring twenty percent of the dwellings are restricted to lower income households, at 465 Grand Avenue, in the Downtown Commercial (D-C-L) Zone District in accordance with SSFMC Title 19 and Chapters 20.26, 20.81 & 20.85. Public Hearing Opened 8:12 p.m. Senior Planner Steve Carlson reported the development had been in the works for some time. Revisions to bring the development into compliance with the affordable housing agreement have been made. The development entailed a 24,927 square foot mixed use REGULAR CITY COUNCIL MEETING MAY 12, 2010 MINUTES - ~ - building comprised of a ground floor commercial unit, six two-story dwellings on the second and third floors, with 2 units restricted for affordable housing. The owners intend to incorporate a cool roof, energy efficient heating and cooling units and appliances, and finishes of sustainable materials. The project has been favorably reviewed by the Design Review Board ("DRB") the Historic Preservation Commission, and the Downtown Parking Place Commission. Planner Carlson noted the applicant, Antonio Brandi, would like to give a presentation and was available to answer questions from Council. Mr. Brandi noted the project had been in development for six (6) years and the owner was ready and willing to take the necessary steps to bring it to completion. He continued that the design of the building was not happenstance but a result of the numerous reviews. Specific features of the design pointed out included: a parking site located next to the site, elevator to second level units, commercial space, separate entrances to commercial space, a residential character to the upper levels to set it apart from commercial area in order to lessen the look of living in a commercial building, and a flat roof intended solar panels. Councilwoman Matsumoto applauded the concept but had a number of concerns including: the owner's commitment to incorporate green items, the blank wall next to the parking being a target for graffiti, and greenery/landscaping of the parking lot. She requested to see pictures of the types of materials used for the exterior, details of the iron balconies, and more attention to the windows as she found them to be very plain. She also requested to see the Covenants, Conditions and Restrictions ("CC&R's") if the units were to be condominiums. She took issue with the lack of landscaping and requested more than a single tree and would like a better picture of what would be done on the lane. Lastly, she requested a picture up front, similar as to what was provided with the Lowe's development, and felt the diagrams provided were insufficient. Mayor Addiego wanted to congratulate the owner for bringing the project forward. He noted his excitement about the fact that it was private dollars making such an investment. He liked the building and felt it was a good direction for downtown. Councilman Garbarino agreed with the Mayor and envisioned this type of development on Grand as well. However, he also agreed with Councilwoman Matsumoto in that the development was devoid of any landscape, noting only one plant. He questioned if the refuse bin was boxed off. He wondered if there could be a negotiation to bring the owner of parking lot into the project. Mr. Brandi noted the owner was fully committed to using green technology and sustainable materials. He also stated the parking lot belonged to the neighboring building but agreed that reaching out to lot owner would be a good idea. The building was constructed of concrete, not plywood and plaster. Regarding the landscaping, land space was the main issue. He agreed to take all of Council's concerns under consideration and address them accordingly. Vice Mayor Mullin questioned what approaches could be taken to combat graffiti. He also questioned the impact on 3rd Lane and asked the differential. He requested a better REGULAR CITY COUNCIL MEETING MAY 12, 2010 MINUTES - 8 - representation of the back of the project but liked where the project was going. Mr. Brandi noted a specific type of the used at BART stations that prevent graffiti from adhering to the surface. The differential from the street to the alley was 9.5 feet. Real elevation was represented on the elevations sheet (A4). Councilman Gonzalez would like to see a picture of the parking lot and would like to have it use the same colors of parking lot that is being built further down on Miller. While he liked the design, he concurred with Councilwoman Matsumoto on some of the details namely, the front in which there is no distinguishing the business, the lack of landscaping and wall coverage. He added the owner of the adjacent lot may or may not have thoughts of building but if they did build the windows could be covered. He worried about residents hanging clothes out and taking care of the planters. Councilwoman noted similar concerns as to why she requested to see the CC&R's. Vice Mayor Mullin was concerned about the placement of satellite dishes as he considered the eyesores that would diminish the look of the buildings and referred to Archstone as an example. Mr. Brandi referred to Exhibit B, which stated common areas could not be utilized for personal matter. It was questioned how involved Council could get with the CC&R's. Attorney Mattas stated if Council desired it could make stipulations for the CC&R's. Council requested staff to comeback for further consideration with the details requested and told the owner to not be discouraged as it was a nice concept. Attorney Mattas advised Council could close the Public Hearing and have the item brought back as a presentation or keep it open. Council agreed to close the Public Hearing and have it brought back the first meeting of June as a presentation. Public Hearing closed 8:30 p.m. ADMINISTRATIVE BUSINESS 10. Determinate whether Council Members will continue to receive the option of Partial Discretionary Benefit Option ("DBO") Benefits. Human Resources Director Kathy Mount requested clarification as if Council wished continue receiving the Partial DBO or switch to an all or nothing status in which they would receive the allotted $550 in lieu of benefits. Mayor Addiego asked what Council currently did and if he would be able to continue with his current practice of using the dental portion without receiving the remaining DBO. REGULAR CITY COUNCIL MEETING MAY 1 Z,LU 1 U MINUTES - 9 - Director Mount stated that would not be a problem. Currently Council received partial DBO whereas all other employees receive either the $550 cash in lieu or benefits, the all or nothing option. Vice Mayor Mullin felt Council should sync up with the rest of the City workforce and opted for the all or nothing option. Councilman Gonzalez requested clarification as to whether or not he would be able to continue to utilize the vision and dental coverage and receive the remaining DBO. Cit Manager Nagel noted it seemed the majority of Council wanted the all or nothing option. This scenario would not allow Councilman Gonzalez to continue with his current arrangement. Council gave direction to provide them with the same benefit provided to all other employees. This was referred to as "elect either coverage under City's medical, dental and vision insurance or elect Defined Benefit Option $550 cash payment in lieu of any medical, dental or vision coverage." CLOSED SESSION 11. Pursuant to California Government Code Section 54957 Public Employee Performance Evaluation Position: City Attorney. Mayor Addiego asked Council if they would agree to put off the Closed Session until the Study session of May 19. City Manager Nagel suggested perhaps putting it of until the Study Session scheduled for May 24, as the agenda for the May 19 session was already lengthy. Mayor Addiego and Council agreed. COMMUNITY FORUM None. ADJOURNMENT Being no further business, Mayor Addiego adjourned the meeting at 9:01 in honor of Jose Manuel Lopez. Submitted by: Anna M. Brown, Deputy City Clerk City of South San Francisco Appr ved: e~~ Mark .Addiego, Mayor City of South San Francisco REGULAR CITY COUNCIL MEETING MINUTES - 10 - MAY 11,, LULU