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HomeMy WebLinkAboutMinutes 2011-05-11 o, S�,F ._ MINUTES ,,,,,,,-711,, __0 CITY COUNCIL ..."— CITY OF SOUTH SAN FRANCISCO c4tIFOa� REGULAR MEETING MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE WEDNESDAY, MAY 11, 2011 CALL TO ORDER: TIME: 7:01 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. Mayor Mullin requested that the meeting be adjourned in memory of the Honorable Mayor of San Carlos, Omar Ahmad. Councilwoman Matsumoto requested that the meeting be adjourned in honor of Barry Rayo. Vice Mayor Garbarino requested that the meting be adjourned in honor of Dick Van Doren. PRESENTATIONS • Proclamation declaring May 7th thru May 14th as Affordable Housing Week. Chris Mohr of HEART of San Mateo County accepted the proclamation proclaiming May 7th through 14 as Affordable Housing Week in the City of South San Francisco. Mr Mohr thanked the Council for setting housing policies aimed at improving the quality and availability of affordable housing. • Proclamation declaring May as Elder Abuse Awareness Month, accepted by Helen Karr. Helen Karr of Ombudsman Services accepted the Proclamation declaring May as Elder Abuse Awareness Month. Ms. Karr thanked Council for its support in advocating for awareness of this issue. • Proclamation declaring May as Asian American and Pacific Islander Month, presented to South San Francisco Asian American Alliance of South San Francisco Member, Liza Normandy. Councilwoman Matsumoto presented Liza Normandy and the Asian American Alliance of South San Francisco with a proclamation declaring May as Asian American and Pacific Islander Month in the City of South San Francisco. Ms. Normandy thanked Council and invited the public to an Asian Heritage Celebration that would be held on Sunday, May 22, 2011 at the Municipal Services Building beginning at 11:00 a.m. • Pipeline Testing Presentation by Ashley Simpson of PG &E. Ms. Simpson presented a PowerPoint presentation advising the public of upcoming tests on PG &E's natural gas system within the City. She explained that two individual sets of tests would be taking place and that residents near the test had been notified. The tests would be run beginning May 23. The PowerPoint explained how the tests would be implanted, presented maps of their primary location along Hillside Drive. She further explained safety precautions had been taken and that PG &E was working closely with the Fire Department and the City. Councilman Addiego thanked PG &E for moving up the testing time frames and for accelerating line replacement plans within the City. Councilman Gonzalez questioned whether nearby residents should close their windows during the testing. Ms. Simpson responded that was not necessary. Although residents interested in mitigating the smell may choose to do so. AGENDA REVIEW City Manager Nagel advised that Item No. 9 would not be heard. He further recommended that Council hear item 8 before item 7, to accommodate the presence of school aged children wishing to speak on item 8. Council agreed. PUBLIC COMMENTS Wynn Gersich spoke in Opposition to California State Assembly Bill 2283. She urged Council and the Public to contact state law makers to call for the bill's rejection in the State Senate. REGULAR CITY COUNCIL MEETING MAY 11, 2011 MINUTES - 2 - ITEMS FROM COUNCIL • Announcements. • Committee Reports. Councilmembers reported on attendance at community meetings and events, including the Grand Opening of the Farmer's Market and a Transportation Authority Meeting. Public Works and Engineering staff members were congratulated for their work on the Miller Avenue Parking Garage. An Announcement regarding the upcoming Event that would take place at 10:00 a.m. on Memorial Day at the eternal flame Sculpture in Orange Memorial Park was made. Council reserved the majority of comments for Community Forum. CONSENT CALENDAR 1. Motion to approve the minutes of April 13, 2011 and April 27, 2011. 2. Motion to approve expense claims of May 11, 2011. 3. Resolution No. 56 -2011 awarding the Construction Contract to Interstate Grading & Paving, Inc. for the 2010 Street Resurfacing Project: Various streets, in an amount not to exceed $1,132,985 and authorizing the acceptance of $712,000 in federal grants and amending 2010 -2011 Capital Improvement Program Budget. 4. Resolution No. 57 -2011 awarding a consulting services agreement to Carollo Engineers for the Water Quality Control Plant Upgrades - Critical Rehabilitation Projects in an amount not to exceed $629,713. 5. Waive reading and adopt Ordinance 1440 -2011 amending the Historic Preservation Commission ordinance to transfer the role and responsibilities of the Historic Preservation Commission to the Planning Commission. 6. Waive reading and adopt an Ordinance 1441 -2011 approving an amendment to the South San Francisco Municipal Code setting the meeting schedule of the Personnel Board. Motion— Councilman Garbarino /Second— Councilman Gonzalez: to approve the Consent Calendar. Unanimously approved by voice vote. ADMINISTRATIVE BUSINESS 8. Motion to approve a proposal from the Boys and Girls Club to install a Mural at 201 West Orange Avenue. Although no conflict of interest prohibited their participation in the vote, Councilmembers Addiego and Gonzalez stepped down from the Dais and did not participate in discussion or the vote on this item due to their service at the Boys and Girls Club of South San Francisco REGULAR CITY COUNCIL MEETING MAY 11, 2011 MINUTES - 3 - Director of Parks and Recreation Ranals presented the staff report recommending that Council approve the design and location of a mural proposed by the Boys and Girls Club to be installed at 201 West Orange Avenue as recommended by the Cultural Arts Commission. Because the City owns the property that the Boys and Girls Club owned building sits on, the Cultural Arts Commission and Council were to review the mural for approval. A grant from Torani Syrups and Flavors would fund installation of the Mural and no City funds would be spent on the project. Boys and Girls Club member Melanie Martinez explained the mural and its meanings, including, friendship, learning and community. She opined that the colorful mural would invite new members to the club. Working artist, Resident and Cultural Arts Commissioner Ron Burgess spoke in support of the mural. He noted the mural had all the required elements, including conceptual clarity, original drawings and a story. He noted the mural would add a welcoming element that the building was presently lacking. Melanie Dulbecco, CEO of Torani Syrups and Flavors stated Torani was excited to fund the mural. She noted Precita Eyes would provide artistic guidance on the installation process, and that Precita had a history of overseeing beautiful murals. Program Director for the Boys and Girls Club Maurice Goodman spoke in favor of the mural noting that its installation will expose the children involved to research and design necessary to complete artwork. In addition, the themes of the mural reinforce the importance of education, core curriculums and friendship that are a hallmark of South San Francisco's new history. Mayor Mullin questioned how the mural would be protected from graffiti. Director Ranals explained the Boys and Girls club planned to install a protective sheen. She further added that it would be the club's responsibility to clean up any graffiti. Councilman Garbarino commended the children for their hard work designing the mural. He noted its placement was appropriate given that it was designed by children. Councilwoman Matsumoto thanked Cultural Arts Commissioner Ron Burgess for taking her through the proposed project site. She noted this helped her to appreciate the project. Motion— Councilwoman Matsumoto /Second— Vice Mayor Garbarino: to approve a proposal from the Boys and Girls Club to install a Mural at 201 West Orange Avenue. The Motion passed by the following voice vote: AYES: Councilwoman Matsumoto, Vice Mayor Garbarino and Mayor Mullin. NOES: None. ABSTAIN: Councilmembers Gonzalez and Addiego. ABSENT: None. REGULAR CITY COUNCIL MEETING MAY 11, 2011 MINUTES - 4 - PUBLIC HEARING 7. Medical Marijuana Regulations City of South San Francisco /Applicant Citywide ZA11 -0002 (P07 -0136) An Ordinance adding Chapter 20.410 to the South San Francisco Municipal Code, prohibiting the establishment, maintenance and operation of medical marijuana cooperatives and collectives. OR, An Ordinance adding Chapter 20.410 to the South San Francisco Municipal Code, allowing and establishing regulations for a medical marijuana collective, including a competitive application process and operating and security regulations. Public Hearing opened: 8:08 p.m. Chief Planner Kalkin presented the Staff Report recommending that Council waive reading and introduce either Chapter 20.410 "Medical Marijuana Regulations" to allow and regulate medical marijuana facilities within the City, or Chapter 20.410 "Prohibition on Medical Marijuana Cooperative or Collectives" to ban medical marijuana facilities in all zones in the City. She provided a brief history of Council's consideration of the issue stating that in 2006, Council adopted the ordinance establishing regulations for medical marijuana collectives. Then, in preparation for a comprehensive, City Wide Zoning Ordinance update, a moratorium was adopted through October 2011 on the issuance of use permits and building permits for medical marijuana facilities. In 2010, the City Council repealed its former Zoning Ordinance, including the 2006 medical marijuana regulations, and adopted a new Zoning Ordinance but decided to await the outcome of State Proposition 19- a November 2010 ballot measure that would have decriminalized certain personal, non- medical marijuana possession and cultivation- before deciding how to regulate medical marijuana. The proposition failed. During the intervening time period, Council held several public hearings. At the hearing Council was presented with the option to prohibit medical marijuana collectives and similar facilities or to adopt draft regulations prepared by staff. At Council's January 2011 Council Meeting, it directed staff to add draft language to the proposed Ordinance, for Council's consideration, that would establish a competitive process for selection of a medical marijuana collective use permit applicant. Council referred the single use issue back to the Planning Commission for hearing and recommendation. On April 21, 2011 the Planning Commission reviewed the draft competitive application process regulations and provided a recommendation that it be included in the draft ordinance. Council was now being presented with this draft ordinance and had the choice to approve it, or to approve the ordinance prohibiting collectives. Mayor Mullin thanked the public for attending the public hearing. He noted that past discussions of the issue were lacking public participation. He stated that the matter before the Council would determine how the City would regulate the issue and his hope was that a clear policy would be set going forward. Resident of 43 years, Joan Coleman noted her involvement in the education of South San Francisco children and her disappointment at learning the City was even entertaining the idea of allowing a Medical Marijuana facility. This City has always been promoted as a family city as evidenced by the many events that occur throughout the year, i.e. Day in the Park, Children's Egg Hunt, Sr. Citizen Pancake Breakfast, and the Boys and Girls Club mural. A large part of the City had been a "Say No to Drugs" program, which she REGULAR CITY COUNCIL MEETING MAY 11, 2011 MINUTES - 5 - believed had been eliminated. She expressed her hopes that Council would vote against this matter. Resident Larry Coleman read with interest and concern the article in the Daily Journal detailing the incident in which a teenager was selling marijuana obtained through the Medical Marijuana Program. This signaled the ease at which children gain access to marijuana. Citing information from a variety of sources, he concluded that allowing such a facility would increase drug related violence, protect drug dealers and provide them with huge profits. In closing he noted his strong support for an ordinance prohibiting the establishment of a medical marijuana facility in the City of South San Francisco. Shirlee Hoch relayed students can be 18 years old, obtain medical marijuana and share /sell it to their fellow classmates. She heralded South San Francisco as a special place to live, maintained through the hard work of Council, City and School District staff. The local California Schools Employees Association ( "CSEA ") asked her to speak on their behalf to express their concerns regarding an ordinance allowing a dispensary. Quality of life could be greatly affected. Previous Councils had struggled with card rooms, paint ball arenas and bingo halls and had been trusted in the past to deal with such regulations. She hoped Council would consider the ordinance prohibiting establishment. Lastly, while having recently cared for relatives at the end stages of life, she understood the need for pain management. However, she did not feel medical marijuana was intended for an 18 year old who claims it is needed to get rid of headaches or backaches. Ron Kirkish representing California Drug Free Youth noted the potential legal problems facing the City should dispensaries be allowed. He claimed dispensaries are against Federal and State Law in accordance with the Attorney General guidelines. Recent letters issued by U.S. Attorneys warn states and cities the federal government would not tolerate anyone abusing the controlled substances act ( "CSA "). Locally, the City of Oakland was told they could be held criminally and civilly accountable if they continued to pursue their plans for large grow operations. City officials were also warned about their personal accountability for breaking the CSA. Cindy Petrovitz expressed her deep concern for students at El Camino High School ( "ECH ") and all other students in the SSFUSD. As someone who has dealt with discipline in high school settings, she has seen 10 years of increasing drug use at our schools, noting over 71 suspensions and 18 expulsions, one (1) of which involved a Prop 215 card. She has seen the sale of tainted cookies that had been provided by an older sibling to a 9th grader. It appears to her that it is too easy to obtain a prescription card; all you need is an "ailment," $100 and you have a card. 20 plus year resident Joe Murphy has served the youth of the City through coaching, teaching and ministry. He expressed grave concerns over the establishment of a dispensary in the City. He saw no benefit, only the increase of availability of an illegal drug. He stated it was not an item which should be endorsed by Council, but was a decision that should be left to the medical and scientific community. He urged Council to consider voting for the prohibition of a dispensary. Wynne Gersich, class of 1973 graduate from South San Francisco High School, felt marijuana was the dummifying of America and was glad the community was not in support REGULAR CITY COUNCIL MEETING MAY 11, 2011 MINUTES - 6 - of a dispensary. In Oakland marijuana can be prescribed for anger management, in Hayward there was so much crime surrounding a club they had to shut it down. While other Councils continue to postpone votes meeting after meeting, Millbrae voted it down outright. She outlined other ways to consume marijuana, which she felt should be done only in a hospital setting and under a physician's care. She then read an excerpt from a book entitled the "Dictionary of Poisons" published in 1956. The passage warned of the effects of cannabis. She also detailed the book's description of a universal antidote. Lastly, she expressed her displeasure that the matter was even being considered. Mayor Mullin requested the audience refrain from making loud outbursts. Jolene Malfatti googled information regarding the San Francisco pot clubs and found information citing their multiplication, rampant crime and even known pot users advocating for their closure. What saddened her most is that students were getting in trouble due to the ease of getting cards and drugs. Citing the Convention on the Rights of Children from 1993 in which article 33 states primary action needs to be in the best interest of children and for their protection against elicit use of drugs and psychotropic substances. She's read many articles from Californians for a Drug Free Youth and continued to be appalled, noting a book targeted at K -5th graders called "It's Just a Plant," which was an obvious attempt at raising children to accept marijuana. Pat Murphy felt a dispensary would be detrimental to the City and was of no benefit. Over the past 2 years she had provided Council with many reports citing the arguments against marijuana usage. Residents of South San Francisco and California defeated Prop 19 in the November election and have spoken out against this issue. She was glad that her lone voice was now joined by many. While she had heard proponents of marijuana give a list of benefits, she felt what was beneficial for the majority of the community was health, safety and an overall sense of family and caring. Skyline Student, Luis Rubocalbo spoke personally about overcoming his marijuana addiction. He would obtain marijuana from someone who had a cannabis club card. In his personal experience, marijuana led him to other drugs, made him physically weak and had a negative affect on his family life. He asked Council to protect the youth from the dangers of marijuana and from the potential of entering the criminal justice system, which in and of itself negates any potential financial benefit gained from opening a dispensary. Danny Dorrman wanted to remind people that cannabis collectives were designed to take drug dealers off of the streets and provide medical marijuana to those who need it. No members under 21 would be allowed to purchase medical marijuana. Joel Garcia appreciated everyone's concern for the youth. He pointed out that the collectives he had been to up and down the state did not allow children inside or to hold cards. Anyone who has a card has obtained one through their physician. With everyone's concern for children no one mentioned concern for the elderly, a lot of whom are patients and do not want to track to San Francisco or San Jose to obtain safe access to their medication. Dispensaries cooperate with law enforcement in an effort to quell some of the negative associations. While he was warmed by the community's involvement, he was disturbed by the vast amount of misinformation presented. Children who want to obtain marijuana have been able to do so freely for years and will be able to continue this for REGULAR CITY COUNCIL MEETING MAY 11, 2011 MINUTES - 7 - years to come. Before cannabis was available as medication, it was illegal to all patients who can benefit from it legally now. Please keep that in mind when you are making your decision. Patrick Lucie wanted to present some facts regarding marijuana. Not only does it affect youth, but adults and businesses and tax payers. He cited marijuana booking statistics from 2007 -2010, noting a 22% increase in the City alone. For the County the increase was 65% for cultivation, 29% for possession and 100% for possessions of over 28.5 grams. Liza Normandy urged Council to vote against the establishment of a dispensary. She reiterated the statistics related to the local high school incidents involving marijuana. She believed Council would make the best decision for our community and our future. John Petrovitz had previously been supportive of and even voted for the legalization of medical marijuana. Things had not been going as he had hoped when he offered his initial support. Even though he was a supporter of the compassionate use initiative, he was disappointed with the end results. He understood Council was in a difficult position and sympathized with wherever they stood. At Council's request Chief of Police Massoni recounted two (2) incidents that recently occurred at El Camino High School in which marijuana initially obtained at a medical marijuana collective was being used, sold and /or distributed by students. Public Hearing Closed: 8:55 p.m. Councilman Addiego stated appreciation for the public's passion regarding the issue. He noted Council heard more opposition to the issue than it had in the past and reminded Council of it original work on this issue which was focused on providing medicine to people in need. Councilwoman Matsumoto questioned the number of collectives in the County and /or where they were permitted. Chief Planner Kalkin and Associate Planner Gross advised collectives were permissible in unincorporated San Mateo County, the city of San Mateo and the City of San Carlos. A Collective was operating in San Mateo and another was approved. Chief Massoni confirmed that he had not heard from San Mateo Chief of Police Manheimer as to whether there was an increase in the volume for sale since the collective opened. Councilwoman Matsumoto requested clarification as to the amount of medical marijuana that could be purchased by a patient. Sgt Campbell advised that recent case law allows for whatever the patient's prescription requires. Accordingly, it is impossible to prosecute someone with a medical marijuana card for possession of more than allowed for by their card. REGULAR CITY COUNCIL MEETING MAY 11, 2011 MINUTES - 8 - Mayor Mullin thanked Planning staff for their excellent work on this issue over the past several years. He stated that he had initially supported permitting a collective in the City due to his support of compassionate use. However, recent events demonstrated the link between medical marijuana dispensaries and the availability of marijuana to minors. He noted that while Prop 215 was well intended, the regulation of dispensaries had not filled in to control qualifications, issuance of cards and the like. He opined the issue could not be solved at the municipal level and called on state law makers to fill in regulations including the issuance of prescriptions in a medical setting and distribution in a pharmacy. Based on these concerns, he planned to support the ordinance prohibiting medical marijuana facilities in the City. Vice Mayor Garbarino stated the public's outcry and requests for prohibition of medical marijuana facilities persuaded him to support the ordinance prohibiting medical marijuana facilities. Councilman Gonzalez expressed his lack of support for medical marijuana. He noted that concerns regarding medical marijuana facilities and their link to use of marijuana in schools had come to fruition. Councilman Addiego stated that while he understood the community gathered that evening would be pleased that medical marijuana facilities were being prohibited, the result would not ease the current marijuana problem facing our community. He noted the drug is prevalent and easy to obtain in several locations in South San Francisco. He stated he couldn't walk away from Council's original work on the issue, which he believed was aimed at making medicine available to those in need. Accordingly, he planned to remain in support of the ordinance allowing for a medical marijuana facility. Councilwoman Matsumoto stated firm support for compassionate use. She was disappointed in the way physicians were being badgered, noting that good physicians would not write bogus recommendations. She urged the community to stand up and take responsibility for the marijuana problem plaguing our youth. She noted that the current problem would not go away simply because a collective would not operate in the City. She empathized with those that needed their medicine and could not get it conveniently. Accordingly, since the votes to ban collectives exited, she planned to remain in support of permitting a collective in the City. Motion— Councilman Gonzalez /Second— Vice Mayor Garbarino: to waive reading of an ordinance adding Chapter 20.410 to the South San Francisco Municipal Code, prohibiting the establishment, maintenance and operation of medical marijuana cooperatives and collectives. Motion passed by the following voice vote: AYES: Councilmembers Addiego, Gonzalez and Matsumoto, Vice Mayor Garbarino and Mayor Mullin. NOES: None. ABSTAIN: None. ABSENT: None. Motion— Councilman Gonzalez /Second— Vice Mayor Garbarino: to introduce an ordinance adding Chapter 20.410 to the South San Francisco Municipal Code, prohibiting the establishment, maintenance and operation of medical marijuana cooperatives and collectives. Motion passed by the following roll call vote: AYES: Councilman Gonzalez, Vice Mayor Garbarino and Mayor Mullin. NOES: Councilmembers Addiego and Matsumoto. ABSTAIN: None. ABSENT: None. REGULAR CITY COUNCIL MEETING MAY 11, 2011 MINUTES - 9 - CLOSED SESSION 9. Conference with Labor Negotiators. (Pursuant to Government Code § 54957.6) Agency designated representative: Kathy Mount Employee organizations: AFSCME, Local 829, AFL -CIO Confidential Unit, Teamsters Local 856 International Association of Firefighters, Local 1507 Mid - management Unit International Union of Operating Engineers, Local 39 South San Francisco Police Association Public Safety Managers Executive Management Unit. Item not heard. COMMUNITY FORUM Assistant to the City Manager Kennedy announced that Bike to Work Day would take place on May 12, 2011. The Peninsula Traffic Congestion Relief Alliance would staff a booth on East Grand during the morning. The booth would serve as a refueling station for bikers. She further advised the public that Monte Verde Elementary School student Matteo Lopez had been selected as a finalist in the Doodle for Google Contest. She urged residents to vote for his piece as the winner would receive a $15,000 scholarship and the school would receive a $25,000 grant. Councilman Addiego commented on a successful Spelling Bee Event that took place at the Boys and Girls Club. Councilman Gonzalez advised the public of an upcoming Click -it or Ticket Campaign and urged people to wear seatbelts. He also thanked staff for participating in a successful community meeting at Morelos Hall. ADJOURNMENT Being no further business, Mayor Mullin adjourned the meeting at 9:39 p.m. in honor of Dick Van Doren, Barry Rayo, and the Honorable Mayor of San Carlos, Omar Ahmad. Submitted by:f;? Apr ed: 4 -11t• Atia `�— - Krist: oy Martine , Cit lerk evin Mullin, Mayor City o th San ' . cisco City of South San Francisco REGULAR CITY COUNCIL MEETING MAY 11, 2011 MINUTES - 10 -