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HomeMy WebLinkAboutMinutes 2011-01-12 (2)~~o~~x SAN_~9 MINUTE S 9~ O Ea. u' CITY COUNCIL '"" "~"- CITY OF SOUTH SAN FRANCISCO ~~LIFOR~~~ REGULAR MEETING MUNICIPAL SERVICES BiJILDING COMMUNITY ROOM 33 ARROYO DRIVE WEDNESDAY, JANUARY 12, 2011 CALL TO ORDER: TIME: 7:05 P.M. ROLL CALL: PRESENT: Councilmembers Addiego Gonzalez and Matsumoto, Vice Mayor Garbarino and Mayor Mullin. ABSENT: None. PLEDGE OF ALLEGIANCE: Led by Mayor Mullin. PUBLIC COMMENTS Zach Herrera and Diana Merito members of the South San Francisco High School Band appeared to invite Council and the Public to various of the 13and's upcoming fundraising events, including an awake-a-thou in February, a March 19t" Golf Tournament and a March 26t" Flea Market and eWaste event. The Band was seeking to raise funds for a trip to Washington DC as it had been nominated by Congresswoman Speier to participate in the Independence Day Parade. ITEMS FROM COUNCIL • Announcements. • Committee Reports. Councilmembers reported on attendance at community meetings and events, including the installation of the Honorable Roberto Bernardo to the San Mateo County Harbor Commission, a SamTrans meeting, a TA Meeting, a HOPE Meeting and a Water Conservation Meeting. Announcements were made regarding; the CPTF eWaste event that would take place on January 21St and 22°d at the Main Fire Station. Specific items for further action and/or consideration were set forth as follows: Councilwoman Matsumoto requested that the meeting be adjourne;d in honor of Katherine Battaglia, the mother of the Honorable City Treasurer Dick Battaglia. Vice Mayor Garbarino requested that the meeting be adjourned in honor of longtime resident, and former Library Commissioner, William Boldenweck. Councilman Gonzalez advised parents of school children enrolled in the South San Francisco Unified School District to contact the School District to learn more about meetings with acting Superintendent Adolfo Milar at their children's school(s). Councilman Addiego expressed concern over the recent homicides in the City. He read quotes that Mayor Mullin had provided to the press and echoed the Mayor's sentiments. "This is a sad day for South San Francisco... [W]e pray for the victims and our thoughts are with the victims' families as they endure this tragedy... [F]ull resources will be brought to bear...[W]e will step up police presence in this particular neighborhood, which has experienced gang activity in recent years, and our police department will continue its full participation in the county-wide gang task force...[T]he cycle- of violence must be stopped and it will take the efforts of an entire community to do so. The city will continue to reach out and engage families in this neighborhood to develop solutions to this violence." Councilman Addiego emphasized that a lot of work was ahead of the City and Community in terms of breaking the cycle of violence. Mayor Mullin provided an update to residents relating to th.e homicides and community engagement related to the incident. He emphasized the City's commitment to full engagement of the neighborhood and the importance of a dialogue regarding prevention. He invited Chief of Police Massoni to address the public. Chief Massoni stated the triple homicide was unprecedented in Sc-uth San Francisco. He advised the Police were tracking down leads but needed the community's help. He explained an anonymous tip line had been established at 650-829-3700. To date, the line had only received 4 calls. He further advised that a good majority of the City's officers were presently assigned to the area and to tracking down leads and information relating to the incident. Councilman Gonzalez relayed the portion of the chief s message pertaining to the tip line in Spanish. CONSENT CALENDAR 1. Motion to approve the minutes of November 17, 2010, :December 6, 2010, December 8, 2010. 2. Motion to approve expense claims of January 12, 2011. 3. Motion to accept the Gateway Boulevard Street Improvements Project as complete in accordance with the plans and specifications. 4. Resolution No. 1-2011 authorizing the City Manager to execute an agreement with Dell Marketing, L.P., of Round Rock, Texas (Dell) to purchase storage area network (SAN) disk drives. REGULAR CITY COUNCIL MEETING JANUARY 12, 2011 MINUTES - 2 - 5. Resolution No. 2-2011 approving the purchase of a tactical command vehicle to augment the Police Department's authorized vehicle fleet and amend the Police Department's 2010/11 Operating Budget by $50,000 from drug seizure funds for the cost of the vehicle. 6. Resolution No. 3-2011 in support of the City's application for CCAG's 5th Cycle Transit Oriented Development (TOD) Housing Incentive Program. 7. Resolution No. 4-2011 accepting a grant amendment in the amount of $50,000 from the Bay area Suburban Area Security Initiative (SUASI) to purchase Urban Search and Rescue (USAR) training site tools and equipment; amending the Fire Department 2010/2011 Operating Budget, and authorizing the City Manager to sign a Memorandum of Understanding. Motion- Councilman Addiego/Second- Councilman Gonzalez: to approved the consent calendar. Unanimously approved by voice vote. PUBLIC HEARING 8. Waive reading and introduce an Ordinance adding Chapter 20.410 to the South San Francisco Municipal Code to establish Medical Marijuana Regulations in accordance with SSFMC Chapter 20.550. Public Hearing opened: 7:40 p.m. Chief Planner Kalkin presented the staff report. She remir-ded Council that in October 2009 it adopted a moratorium on the issuance of use permits and building permits for medical marijuana facilities within City limits. This moratorium was issued in part to allow staff to study the issue as part of a comprehensive zoning update. In approving an extension of the moratorium, the City Council directed staff to explore options to allow a limited number of medical marijuana facilities, and impose stricter regulations than existed in the City's 2006 medical marijuana ordinance. At various hearings on the zoning update in the spring of 2010, Council requested to await the outcome of California State Proposition 19 before making any final determinations regarding local regulation of marijuana. The proposition had since failed state-wide, and was opposed by 56.3 percent of voters in South San Francisco. In the meantime, Council repealed the City's former zoning ordinance and adopted an entirely new zoning ordinance, which did not include any medical marijuana regulations. Because the City's moratorium was set to expire prior to the November 2010 election, Council extended the moratorium such that it would remain in effect and not expire until Octobc;r 2011. Of the 21 jurisdictions within San Mateo County, three (3) allow medical marijuana facilities, three (3) ban facilities, five (5) have adopted temporary moratoriums and 10 have no regulations. REGULAR CITY COUNCIL MEETING JANUARY ] 2, 2011 MINUTES - 3 - Chief Planner Kalkin then reminded Council of the terms included in the present draft of the ordinance including the prohibition of onsite cultivation, the permission of only one (1) facility within City limits and the limit of 150 patients permitted to use that facility. Staff recently inquired with the County and learned that 342 medical marijuana use cards had been issued County-wide and 13 of those were issued in South San Francisco. However, staff and various members of the audience pointed out that number was not necessarily representative of patients in possession of authorized prescriptiions. Chief Planner Kalkin explained Council also faced a determination with respect to the selection process for the facility. For example, would the e~:isting use permit process be employed based on the first complete application submitted or would a competitive selection process or lottery system be established. Mayor Mullin then invited members of the public desiring to address Council. Pat Murphy, the owner of property on Utah Street recalled that at meetings last year Council intended to look at the outcome of Prop 19. She asked council to consider that 56.3% of South San Francisco voters opposed the legalization of marijuana. She also stated that California cities that had permitted medical marijuana facilities experienced increases in crime related to the facilities. She also alluded to an apparent conflict of interest in statements that cultivation would be regulated ar~d not permitted at the same time. Land use attorney Laura Blair commented on her experience permitting medical marijuana facilities in the City of Oakland. She explained workable solutions exist and thanked Council for grappling with the issue. Vietnam Veteran William Middleton explained his medical marijuana prescription has helped with various medical pain and discomfort he experiences. Because of his prescription he is able to eat, sleep and live a healthier life style. The marijuana medication is also easier on his liver than other medications. Danny Dorman with Island of Health explained the group's application had been approved by the Planning Commission in October of 2009. The group was still committed to servicing the hundreds of South San Francisco patients that Dive and work in the city. He requested that Council allow the Island of Health exclusive: negotiating rights under the terms of a new conditional use permit. He provided Council with a letter from Karl Hansen of Poletti Realty. Carlos Mazola supported the ordinance and the Island of Health's application. He explained his experience serving as Chief of Staff of the entity that wrote Oakland's medical marijuana ordinance. He explained the positive impacts of medical marijuana and its preferability over synthetic medications. Richard Comstock explained the benefits of his medical rr~arijuana treatment and urged Council to permit the Island of Health to move forward with its plans. REGULAR CITY COUNCIL MEETING JANUARY 12, 2011 MINUTES - 4 - Attorney Scott Candell thanked Council for putting the item back on its calendar quickly. He explained his personal experience with the positive benefits of medical marijuana and urged Council to consider the Island of Health's application. Yvonne, a resident of South San Francisco, advised she had been a medical marijuana patient for over 22 years. She does not carry a card, because her prescription is sufficient. She urged Council not to limit the rights of patients seeking holistic health alternatives. Public Hearing Closed: 8:19 p.m. Councilwoman Matsumoto disclosed she had met with sever°al members of the Island of Health prior to the meeting. She made several points of clarification including that Proposition 19 did not address the use of medical marijuana, but the legalization of marijuana generally. She questioned whether Council had the option to rescind the use if ultimately permitted. She also questioned the rationale behind the proposed patient limit of 150. She further noted that upon installation of terms and conditions, she recommended mandating surveillance cameras around the entire facility and parking lot. Associate City Attorney Grossman advised the ordinance could be rescinded, but an operating facility could remain as a nonconforming use. Chief Planner Kalkin explained the 150 patient limit had been recommended as a cautious approach to addressing the need in South San Francisco. Because exact South San Francisco patient numbers were unavailable, it was recommended to start small and go up as necessary. She opined it would be more difficult to adjust t:he numbers downward. Vice Mayor Garbarino disclosed he had met with members of the Island of Health prior to the meeting. He expressed his desire to permit only one facility within the City. He echoed Councilwoman Matsumoto's preference for security cameras around the facility. He questioned whether the City could grant a permit subject to annual review. Associate City Attorney Grossman advised that a conditional use permit could be revoked assuming findings justifying revocation had been made. Councilman Gonzalez stated his difficulty with the Compassionate Use Act due to the devastating effects of marijuana on families and communities. He noted that many medical professionals continually warn about the devastating affect of marijuana on teens and pointed out the drug was still illegal for recreational use. He sympathized with persons truly in need of medical marijuana. He expressed concern, however, that there was no way to test if a person was driving under the influence of marijuana. Councilman Addiego expressed support for medical marijuana, as many prescription drugs impair human functions. He expressed reluctance to sign on to the concept of permitting only one (1) facility within City limits. Mayor Mullin disclosed that he had talked with representatives ofd the Island of Health on the phone. He questioned whether a Court decision on the issue could undercut the City's determination one way or another. REGULAR CITY COUNCIL MEETING JANUARY 12, 2011 MINUTES - 5 - Associate City Attorney Grossman explained that it was a matter of evolving law with respect to the permission of facilities, outright bans, etc. Mayor Mullin then requested more information from staff regarding the facility in the City of San Mateo. Associate Planner Billy Gross explained the San Mateo facility had been approved in mid- 2010. So far, an inspection of the facility had been completed and building and fire code issues were being resolved. Mayor Mullin questioned the recommended selection process if Council determined to permit one (1) facility within City limits. He noted that Island of Health had previously submitted an application. Chief Planner Kalkin noted the proposal was for a selection committee to review the applications and use permit process. Councilwoman Matsumoto stated support for the competitive process. Councilmembers agreed and Councilman Addiego stated the addition of a competitive process might affect his determination on the issue. Accordingly, Council continued the item and directed staff to come up with language in the ordinance that would establish. a competitive process for selection of the successful use permit applicant. Recess: 9:08 p.m. Meeting resumed: 9:19 p.m. 9. Waive reading and adopt an Ordinance Repealing Chapters 15.06, 15.08, 15.12, 15.16, and 15.20 of the South San Francisco Municipal Code; and adopting Chapters 15.06 (Uniform Administrative Code), 15.08 (California Building Code), 15.12 (California Plumbing Code), 15.16 (California Mechanical Code), 15.20 (California Electrical Code), 15.22 (California Green Building Standards Code), and 15.26 (California Energy Code) of the South San Francisco Municipal Code in order to adopt by reference and amend provisions of the 2010 Edition of the California Building Standards Code, Title 24, California Code o f Regulations; and set public hearing on the record for adoption. Motion to continue to the regular meeting of February 9, 2011. Motion- Councilwoman Matsumoto/Second- Councilman Gonzalez: to continue the public hearing to the regular meeting of Wednesday, February 9, 2011. Unanimously approved by voice vote. 10. Waive reading and adopt an Ordinance repealing Chapter 15.24 of the South San Francisco Municipal Code; and adopting Chapter 15.24 (Fire Code) of the South San Francisco Municipal Code in order to adopt by reference and amend provisions of the 2010 Edition of the California Fire Code; and set public hearing on the record for adoption. Motion to continue to the regular meeting of lebruary 9, 2011. REGULAR CITY COUNCIL MEETING JANUARY 12, 2011 MINUTES - 6 - Motion- Councilman Gonzalez/Second- Councilwoman T/Iatsumoto: to continue the public hearing to the regular meeting of Wednesday, Febniary 9, 2011. Unanimously approved by voice vote. ADMINISTRATIVE BUSINESS 11. Motion accepting the Community-Wide Greenhouse Gas Emissions Inventory as recommended by the Planning Commission. Assistant to the City Manager Kennedy appeared on behalf of the Sustainable South San Francisco Division. She explained that in an effort to comply with AB 32 and SB 375 and help reduce green house gas emissions, staff was authorized to hire a consultant to perform a Community-wide Greenhouse Gas Emissions Inventory. The PMC firm completed the inventory, which was an essential step to development of a Climate Action Plan. She then introduced Mr. McCormack of PMC who presented the resull:s of the inventory to Council for acceptance. Mr. McCormack began his presentation by explaining that i=unding for the program was secured through a Department of Energy Grant in the amount of $323, 642.00. He ran through the major aspects of the study, including an accounting of greenhouse gas emissions within the community and projections through 2020. He explained that being an early adopter of a Climate Action Plan would yield good positioning for future funding. He noted that if the community continued to operate with business as usual, emissions at about 13.8% could be expected by 2020. Mr. McCormack next provided a graphical representation of state emission reduction goals- 18.5% would likely be the goal. The Climate Action Plan could be built around this goal and strategies could be developed accordingly. Councilwoman Matsumoto questioned and suggested various programs that might be implemented as part of the climate action program. Assistant to the City Manager Kennedy advised the progr~un would actually suggest a robust list of specific programs and projects, including a ;pedestrian plan for lowering emissions. Councilman Gonzalez recommended moving quickly to inform the community of the programs. He noted many residents were not up to speed on the climate change issue and it would be important to educate and inform them. Mayor Mullin applauded the comprehensive program. He commented that land use decisions represent a surprisingly significant percentage of potential reductions. He observed that when smart growth is done right the benefits are realized community-wide, and not necessarily only within city limits. Mr. McCormack responded that land use is a very important component of improving connectivity within the community. Land use concepts will be included in a proposal to the strategic growth council. He noted a sustainable community strategy should look at the nexus between land use, transportation and housing for smartc;r and more efficient growth. REGULAR CITY COUNCIL MEETING JANUARY 12, 2011 MINUTES - 7 - Motion- Councilwoman Matsumoto/Second- Councilman Gonzalez: to accept the Community-wide Greenhouse Gas Emissions Inventory as recommended by the Planning Commission. Unanimously approved by voice vote. 12. Resolution No. 5-2011 Approving the Annual Impact Fee and Sewer Capacity Charge Report. Director of Finance Steele presented the staff report advising that State law authorizes the City to collect impact fees and sewer capacity charges from new development to fund public facilities required as a result of the new development. The California Government Code requires the City to review the status of collected impact fees and sewer capacity charges on an annual basis. The report provided information related to the status of the City's impact fee funds and the sewer capacity charges fund for the fiscal year ending June 30, 2010. He noted that due to the economic downturn, new development was not occurring at the same historical rate thereby delaying the funding from these revenues. Director Steele's Report noted that the Childcare Impact fee was at $3,308,618; Oyster point interchange Impact Fee: $92,684; Traffic Impact Fee: $8,815,319; Sewer Impact Fee: $79,534; and Sewer Capacity Charges: $277,340. In response to a question from Councilwoman Matsumoto regarding the timeline for completing projects for which fees were assessed, City Attorney Mattas noted state law requires such fees to be returned to developers within a time frame of about five (5) years. Motion- Councilwoman Matsumoto/Second- Vice Mayor Garbarino: to approve Resolution No. 5-2011. Unanimously approved by voice vote. 13. Resolution No. 6-2011 authorizing an increase in the I-enalty for parking violations within the City of South San Francisco to cover an additional State fee increase from the Budget Act of 2010 (SB 857). Chief of Police Massoni presented the staff report noting that the recently adopted state budget calls for an additional $3.00 from the revenue cities generate by issuance of parking citations. The Chief had been before Council late in 2011) recommending a concomitant increase of $3 in all parking fines. At that time Council directed staff to research whether any other city in San Mateo County had increased parking fines accordingly and to research the feasibility of raising specific fines such as red zone violations to a higher level to assist in recouping some of the state take away. Staff's research indicated several San Mateo County cities had increased their fines or were in the process of doing so due to the $3.00 state take away. In addition, the City Attorney's Office researched the feasibility of raising specific fines by a higher amount and noted the City could do so with respect to red zone violations within a specific multiple of the County range. Mayor Mullin noted that even with the proposed parking fine increase, South San Francisco's fines would remain at the middle tier County-wide. Mayor Addiego supported increasing the red zone fee to $50. Council agreed with this recommendation. REGULAR CITY COUNCIL MEETING JANUARY 12, 2011 MINUTES - 8 - Motion- Councilman Gonzalez/Second- Councilwoman lvlatsumoto: to authorize an increase in the penalty for parking violations within the City of South San Francisco to cover an additional State fee increase from the Budget Act of 2010 and to raise the fee for parking in a red zone to $50. Unanimously approved by voice vote. COMMUNITY FORUM None. ADJOURNMENT Being no further business, Mayor Mullin adjourned the meeting at 10:04 p.m. in honor of Katherine Battaglia and William Boldenweck. Submitted by: Krist Mart i, City Clerk City of South San Francisco A~,p ed: /_ Kevin Mul in, Mayor City of South San Francisco REGULAR CITY COUNCIL MEETING JANUARY 12, 2011 MINUTES -9-