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HomeMy WebLinkAboutMinutes 2010-05-26Ov'Sx SANS' 5 , -~~= •p *~- %' H ~ v O ~_, CgLIFORI"~P MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICES BUILDING COMMTJNITY ROOM 33 ARROYO DRIVE WEDNESDAY, MAY 26, ?010 CALL TO ORDER TIME: 7:00 P.M. ROLL CALL: PRESENT: Councilmembers Garbarino, Gonzalez, Matsumoto, Vice Mayor Mullin and Mayor Addiego. ABSENT: None. PLEDGE OF ALLEGIANCE: Mayor Addiego. PRESENTATION • Recognition of "Collection System Person of the Year" 1st Place Award to Doug Agress, Lead Public Works Maintenance Worker. Presenter: Representative from the California Water Environrr~ent Association Past Statewide President of the California Water Environment Association, Kathy Suiter, presented the Statewide Collection System Person of the Year Award to Lead Public Works Maintenance Worker Doug Agress. Council presented Mr. Agress with a Certificate of Recognition and thanked him for the money he saved the City through his work. Mr. Agress thanked Council and the California Water Environment Association for the honor. AGENDA REVIEW No Changes. PUBLIC COMMENTS None. ITEMS FROM COUNCIL • Announcements. • Committee Reports. Councilmembers reported on attendance at community meetings and events, including a HEART Meeting and Relay for Life. Council thanked staff for its work and attendance at a Community Meeting related to recent violence in the City and for its assistance with putting together the successful Jazz Event for the benefit of the community outreach program. An announcement regarding a City Service at the Memorial Flame Sculpture at Orange Park at 10:00 am on Memorial Day was made. Specific items for further action and/or consideration were set forth as follows: Councilwoman Matsumoto requested that the meeting be adjourned in honor of long time Police Athletic League Member Hal Panatoni. She also mentioned that enforcement would be stepped up at the skate park to ensure youth could safely use and enjoy it during the summer months. Councilman Garbarino requested that the meeting be adjourned in honor of Jack Fabbri. Vice Mayor Mullin announced a High Speed Rail community meeting would take place on June 15th at 7:00 pm in the Municipal Services Building. CONSENT CALENDAR Motion to approve the minutes of Apri128, 2010 and May 12, 2010. 2. Motion to approve expense claims of May 26, N 10. 3. Waive reading and adopt an Ordinance 1429-2010 amending Chapter 6.78 of the South San Francisco Municipal Code regarding the Digital Infrastructure and Video Competition Act of 2006 (DIVCA). Councilwoman Matsumoto thanked the Finance Department for the new format of the claims report. Motion- Councilwoman Matsumoto/Second Councilman Garbarino: to approve Consent Calendar items 1 and 2. Unanimously approved by voice vote. Item 3: Councilman Gonzalez added a point clarifying a past action related to Pen TV. Motion- Councilman Gonzalez/Second Councilwoman Matsumoto: to waive reading and adopt Ordinance 1429-2010. Unanimously approved by voice vote. REGULAR CITY COUNCIL MEETING MAY 26, 2010 MINUTES - 2 - PUBLIC HEARING 4. Zoning Ordinance Update Citywide P07-0136: ZA07-0007 & ND07-0004 Public hearing on the City-wide Comprehensive Zoning Ordinance Update, Zoning Map and Mitigated Negative Declaration. A Resolution making findings and adopting the Initial Study and Negative Declaration for the South San Francisco Zoning Ordinance and Map Update An Ordinance making findings, repealing Title 20 of the South San Francisco Municipal Code, except for Chapter 20.25, and adopting the South San Francisco Zoning Ordinance and Map Update. Continued from Regular Meeting of April 28, 2010 Public Hearing Opened: 7:36 p.m. Senior Planner Gerry Beaudin presented the staff report, which responded to issues raised relating to the proposed zoning update at the April 28th 2010_ Council Meeting. He advised that staff had met again with stake holders and received additional written correspondence. He then highlighted several of the modifications to the proposal and/or responded to concerns that had been raised. With respect to tl-ie Medical Marijuana issue, he explained staff was not recommending many revisions to the proposal. He also relayed staff's conclusion that the November ballot initiative proposing legalization of marijuana would likely not have an impact on the ordinances' treatment of medical marijuana facilities. Staff had prepared changes expanding the definition of a primary caregiver and regulating cultivation by a collective. Overall, the changes allowed members of a collective to grow individually, but they could not select one location to grow for the entire collective. Finally, a competitive review process was not recommended at the time. In the revised proposal staff had further drafted changes to the mobile vendor section recommending the same administrative review process all businesses confront. Senior Planner Beaudin next explained that on May 13th, staff met with East of 101 Property Owners and addressed issues relating to Resolution 84-97. He further explained a map staff had prepared relating to business commercial and freeway commercial designations in the East of 101 Area. He explained that after a hearing before the Planning Commission, these proposed changes were expected to be presented to Council at the July 14, 2010 Council Meeting. Leon Malamud President of the Island of Health Medical Marijuana Collective addressed Council and acknowledged staff had been addressing the issue for almost a year. He was pleased that the submission of his Collective's application had triggered healthy debate. He urged Council to consider lifting and/or raising the 150 member collective limit. He presented Council with signatures from 150 residents supporting medical marijuana collectives and urging no limit on membership. Marc Zafferano a partner at Aaronson, Dickerson, Cohn &Lanzone in San Carlos and representing Phillip Bill thanked Council for receiving the letter from his partner Mr. Lanzone. He thanked Council for returning the Hillside Development Standards issue back to the Planning Commission for review. He requested the opportunity to participate in stakeholder meetings during the review process. REGULAR CITY COUNCIL MEETING MAY 26, 2010 MINUTES - 3 - Sid Berenstein, owner of the property located at 501 South Airport Boulevard explained he had listened to the concerns related to rezoning the property from freeway commercial to business commercial. He opined that at least as related to his building, which was in the Southern most tip of the City, this was inappropriate. He stated. the property was not redevelopable as suggested and requested that it be rezoned as mixed industrial He stated that the newly proposed revisions for legal nonconforming use were better than the old provisions, but to suggest they were adequate was a stretch and requested that footnote 11 be broadened. Jack Nickel thanked Planning Department staff for the time it had put in over the zoning update process. He put in a pitch for business commercial zoning on Sid Berenstein's property. Marshall Hydorn explained he had been in the real estate market for over 20 years and the majority of his clients were located in South San Francisco. He stated that demand for Council's vision was not present in the area and urged it to embrace the successful businesses it had. He offered the Matagrano property as a good example of a success under the current zoning rules. He further noted the vision. espoused in the proposed ordinance would require the assemblage of many small parcels, which would squeeze out mom and pop type businesses. Geraldine O'Connor of Genentech's Local Government Affairs Department stated the Company was appreciative of the time Council had spent looking at its request related to the mobile vendor services portion of the ordinance. ADA, fire lane and sidewalk access issues were always abided by and had not been an issue for Genentech's mobile vendors. She noted the mention of the Bay Trail and the related proposed screening of mobile vendors. She requested a citation to the Bay Trail regulations, if such existed, and noted Genentech's willingness to be compliant. Karl Hanse~i of Poletti Realty addressed Council and explained his representation of a building on Corey Way, a small cul-de-sac off of Utah Avenue. He explained his client was a small property owner that ran her business out of half of the building. She had been trying to lease out the other half. Although she was motivated, she was only being approached by potential tenants in the freight forwarding industry. He questioned whether this would be permitted under the ordinance. Public Hearing Closed: 8:07 p.m. Vice Mayor Mullin stated that 444 medical marijuana cards had been issued countywide and that out of this number, only 22 were issued to South San Francisco residents. Accordingly, he believed the 150 member cap on collectives was adequate to satisfy South San Francisco's needs and maintain viability of the organization. Regarding mobile vendor services he disclosed meeting with Genentech representatives and stated his belief that City staff and Genentech were coming closer to agreement on the issue. He questioned the type of screening that could be done where a mobile vendor was concerned. He encouraged City staff to work with the Company to refine the issue and come closer to agreement. REGULAR CITY COUNCIL MEETING MAY 26, 2010 MINUTES - 4 - Councilman Garbarino thanked Vice Mayor Mullin for the information related to card carrying medical marijuana residents. He agreed that according to these numbers the 150 member cap seemed adequate. He further stated that he presently thought one collective in the City would be acceptable, although he expressed interest in getting a read on residents' views, which might be possible based on local returns related to the November ballot initiative. Regarding mobile vendors, he questioned the extension of the hours from 6:00 a.m. to 6:00 pm to 6:00 a.m. to 8:00 p.m. Senior Planner Beaudin responded this more accurately reflected the current work day. Councilman Gonzalez stated. he had a hard time accepting marijuana as a medicine, but may be able to support the proposed ordinance as drafted. With regard to mobile vendor services he suggested clarifying the definition of covered services. Councilwoman Matsumoto disclosed she visited the Harbor Side Collective and the Marin Wellness Center. She was impressed by both. Sile stated that both were very secure and relayed her belief that medical marijuana was preferable to stronger more potent pain medications for patients with diseases such as Parkinson's and/or other debilitating conditions. She further stated that she had met with Geraldine O'Connor of Genentech regarding the mobile vendor issue and expressed her desire for assurances regarding safety. She believed Genentech had proven itself as a responsible corporate partner. She next addressed the comments regarding the demand for retail in the Airport Boulevard area East of 101. With all due respect sl-ie took exception to the suggestion that retail was not doable in the area. Mayor Addiego invited Attorney Scot Candell to speak to the issue of card carrying medical marijuana patients. Nlr. Candell advised that the card carrying medical marijuana user statistic presented a skewed picture of authorized medical marijuana users. He advised that not all permitted users were card carriers. He stated that the statistic indicated that 22 people had chosen the state card for additional criminal protection at the sacrifice of their privacy. At the request of Vice Mayor Mullin, Assistant City Attorney Grossman advised the ordinance did not require a qualified user to be card carrying. Mayor Addiego expressed an interest in reserving Council's decision on the medical marijuana issue until after the results of voting on the November 2010 ballot initiative became available. Accordingly, he questioned when the current moratorium was scheduled to expire. Assistant City Attorney Grossman explained the current moratorium was scheduled to expire in October, and Council had the option of extending it another time. Councilman Garbarino requested that residents make their opinions on medical marijuana facilities known to Council. Mayor Addiego stated that if medical marijuana facilities were permitted, he had reservations about limiting to one collective as a monopoly situation seemed undesirable. REGULAR CITY COUNCIL MEETING MAY 26, 2010 MINUTES - 5 - Regarding mobile vendor services, he stated his belief that Genentech was a responsible company that would follow the law and respect the Bay Trail and admonished staff for its concerns in this regard. He then asked Assistant Cite Manager Van Duyn to address the question of whether Mr. Hansen's Client could entertain a freight forwarding tenant. Assistant City Manager Van Duyn advised the Harley Davidson dealership was presently on Corey Way and the goal was to move industrial uses out. Reintroducing freight forwarding was less attractive and would be opposite to stimulating growth in the area. With Mayor Addiego's permission, Mr. Hydorn expressed his animosity at the suggestion that the Frye's deal was a possibility for property owners in the East of 101 Area. At Mayor Addiego's request for a consensus on the issue, Council expressed a preference to hold off on a determination related to the medical marijuana issue until after the November 2010 election, as this would provide some insight into how the local electorate felt about the marijuana issue generally. Vice Mayor Mullin pointed out that one could be opposed to legalization of marijuana and vote no on the Novem'er initiative but still support medical marijuana. Accordingly, he requested that residents provide Council with their opinions on the medical marijuana issue in the interim. With regard to the mobile vendor services issue, council encouraged staff to work with Genentech to come up with mutually agreeable guidelines. Vice Mayor Mullin pointed out the sides were not far apart. Council then directed that issues 4, 5, 6 and 7 be sent back to the Planning Commission for consideration. Mayor Addiego then Closed the Public Hearing and continued action on the items presented until the Regular Meeting of July 14, 2010. ADMINISTRATIVE BUSINESS 5. Resolution 45-2010 confirming the SSF Scavenger Company Rate Increase for 2010- 11 as consistent with the Solid Waste Franchise Agreement. Director of Finance Steele presented the staff report explaining the proposed resolution confirmed the increase in solid waste collection rates submitted by the scavenger company. Based upon economic circumstances last year, the scavenger company had deferred the permitted rate increase. This year they were seeking the rate increase they had been entitled to last year, which was still less than the permitted rate increase for the present year. Director Steele invited questions and explained Paul Formosa from the Scavenger Company was present in the audience to answer questions. Motion- Councilwoman Matsumoto/Second- Councilman Garbarino: to approve Resolution 45-2010. Unanimously approved by voice vote. 6. Resolution No. 46-2010 authorizing the City Manager to execute a contract with Wells Fargo Bank for banking services. Director of Finance Steele introduced Assistant Vice President of the Government Banking Division of Wells Fargo, Mary Lou Lopez and then provided a brief presentation explaining the recommended transition to Wells Fargo for the City's banking purposes. Director Steele advised the change would yield greater access to banking technology, REGULAR CITY COUNCIL MEETING MAY 26, 2010 MINUTES - 6 - including online features, greater financial security, and improved access to bank employees. An RFP was sent to 12 banks, including 2 smaller local regional banks. The City received 8 responses to the RFP. A panel of finance specialists reviewed and ranked the banks and Wells Fargo was ultimately unanimously selected as the recommended bank. Budget subcommittee members commented on the importance of self auditing and the need for change that it highlighted. Motion- Councilman Garbarino/Second- Councilman Gonzalez: to approve Resolution 46-2009. Unanimously approved by voice vote. COMMUNITY FORUM AT~JOURNMENT Being no further business, Mayor Addiego adjourned the meeting at 9:18 in honor of Hal Panatoni and Jack Fabbri. .~ 1 Submit ed by• / ~~ _ ...; Kota a~ti~li~Larson, qty Clerk city of S uth San Francisco Approved: ~ - Mark .Addiego, Mayor City of South San Francisco REGULAR CITY COUNCIL MEETING MAY 26, 2010 MINUTES - 7 -