Loading...
HomeMy WebLinkAboutMinutes 2012-11-14 (2) °zH SANF MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO gt/F0iek•A REGULAR MEETING MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE WEDNESDAY, NOVEMBER 14, 2012 CALL TO ORDER: TIME: 7:03 P.M. ROLL CALL: PRESENT: Councilmembers Addiego, Matsumoto and Mullin*, Vice Mayor Gonzalez and Mayor Garbarino *Councilman Mullin excused himself for a portion of the meeting as noted in the body of the Minutes below. ABSENT: None. PLEDGE OF ALLEGIANCE: Led by Mayor Garbarino. PRESENTATIONS • Presentation of Fire Prevention Month Poster Contest Winners by Fire Marshal Luis Da Silva. Safety Inspector Orque and Fire Captain Ortiz presented the Annual Fire Prevention Month Poster Contest Award Winners for 2012. They provided a PowerPoint Presentation detailing this year's program and safety campaign in local schools and explained this year's theme was to have two ways out included in fire escape plans. Award recipients were commended and presented with plaques by the City Council as follows: Roman Cansino, Kindergarten—St. Veronica's Danielle Bluvshteyn, Kindergarten—Sunshine Gardens Joey Valencia, 1st Grade—St. Veronica's Jhenae Anabeza, 1st Grade—Monte Verde Marc DeCamillis, 2nd Grade- Mills Montessori Jade Agustin, 2nd Grade— Spruce Michael Mercurio, 3rd Grade—Ponderosa Yinan Kong, 3rd Grade—Buri Buri Harvey Vo, 4th Grade—All Souls Hailey Weber, 4th Grade—Hillside Christian Academy Mauricio Macias, 5th Grade—Los Cerritos Sophia Clemente, 5th Grade—Ponderosa Councilmember Mullin announced he would need to leave the Dais briefly at some point during the meeting to attend an event being held in Daly City but that he would rejoin the Council shortly after leaving. AGENDA REVIEW City Manager Nagel recommended that Item No. 3 be removed from the Agenda. Council agreed. PUBLIC COMMENTS None. ITEMS FROM COUNCIL • Announcements. • Committee Reports. Councilmembers reported on attendance at community meetings and events, including an Improving Public Places Meeting, a presentation for Veterans at the West Orange Library, a School District Liaison Subcommittee Meeting, a SamTrans public meeting on planned changes to local bus routes and a presentation to members of the Department of Homeland Security for assistance with capturing individuals suspected of responsibility for the December 2010 shooting in the City. Councilmembers congratulated Councilman Mullin on his election to the California State Assembl/representing the 22nd District. The Historical Society was congratulated on the 25 Anniversary of the Museum. Manager of Housing and Community Development Fragoso was congratulated for her receipt of the Diversity Award from the San Mateo County Hispanic Chamber of Commerce. Announcements were made regarding upcoming events including a SamTrans Public Hearing that would be held in February or March pertinent to changes to local bus routes. Specific items for further action and/or consideration were set forth as follows: Mayor Garbarino requested that the meeting be adjourned in honor of Betty Wolfe. Councilmember Mullin requested that the meeting be adjourned in honor of Ed McGovern, Sr. * 7:55 p.m.: Councilman Mullin left the Dais and Council Chambers at this time. CONSENT CALENDAR 1. Motion to approve the Minutes of the meetings of August 15, 2012, October 17, 2012 and October 24, 2012. 2. Motion confirming payment registers for November 14, 2012. 3. Reassignment of a Police Sergeant to Drug Enforcement Administration Task Force and addition of one vehicle to the Police Department fleet. Item not heard. REGULAR CITY COUNCIL MEETING NOVEMBER 14,2012 MINUTES 2 4. Resolution No. 88-2012 awarding a Consulting Services Agreement to Harris & Associates of Concord, California, for the East of 101 Ramp Improvement Projects in an amount not to exceed $472,645. 5. Resolution No. 89-2012 authorizing the acceptance of $55,000 in grant funding to support Project Read and amending the Library Department's 2012/2013 operating budget. 6. Resolution No. 90-2012 approving an interlocal contract for cooperative purchasing of goods and services with the Houston-Galveston Area Council (H-GAC) Membership and authorizing the City Manager to execute the contract. 7. Resolution No. 91-2012 accepting Genentech's Master Plan Urban Design Improvement, approving the Funding Agreement for Public Improvement and the Landscaping Maintenance Agreement, and authorizing the City Manager to execute the Agreements. Motion— Councilmember Matsumoto/Second- Councilmember Addiego: to approve Consent Calendar Items Nos. 1, 2, and 4-6. AYES: Councilmembers Addiego and Matsumoto, Vice Mayor Gonzalez and Mayor Garbarino. NOES: None. ABSTAIN: None. ABSENT: Councilman Mullin. Item 7: Senior Engineer Bautista presented the staff report recommending that Council adopt a resolution accepting Genentech's Master Plan Urban Design Improvement and approve the Funding Agreement for public improvement and the Landscaping Maintenance Agreement and authorizing the City Manager to execute the Agreements. Council adopted the Genentech Facilities Ten Year Master Plan on March 28, 2007. The Plan outlines goals and policies regarding Genentech's land use, urban design, transportation and parking and utilities during its campus expansion. The Master Plan includes an implementation program that sets forth the improvements and public amenities obligations Genentech must satisfy under the Master Plan, along with associated implementation triggers. The implementation program identifies improvements in the City's right-of-way that require City Council approval. The current approval relates to the addition of Class II bicycle lanes along Forbes Blvd. from the intersection of Forbes and Allerton to the terminus of Forbes. Mark Coti with UPS agreed bike lanes should be placed on Forbes Blvd.; however, he expressed serious concerns about restricting traffic lanes from two (2) to one (1). He noted that 40 foot trailers common to UPS' business have to make right hand turns onto Gull at that location, which could prove to be problematic. He further noted that UPS actually installed the street as part of its use permit years ago. He believed addition of the bike lanes in the proposed manner would create unsafe conditions for motorists. Patrick Taylor of UPS expressed similar concerns. He noted that UPS traffic needs to make a left hand turn into the UPS facility and cue up for phone entry. With one lane, this would block significant traffic on Forbes. REGULAR CITY COUNCIL MEETING NOVEMBER 14,2012 MINUTES 3 Councilwoman Matsumoto stated her belief that UPS had signed off and agreed to this project. She was hopeful that its concerns could be addressed, however she supported the project. She questioned whether the landscaping would be performed by the Parks and Recreation Department or contracted out. Senior Engineer Bautista advised Genentech funding would cover the landscaping, which would be contracted out. He further noted that staff and Genentech had met with UPS and reviewed the plans. Genentech had a consultant review the truck turning radius issue along all of Forbes Blvd. Vice Mayor Gonzalez expressed some concern about going from 2 lanes to 1 on Forbes Blvd. However, he was not against the project, because it would beautify the area and make it more bicycle friendly. He disclosed that he met with Ms. Hogan, Senior Manager of Local Government Affairs for Genentech. Councilman Addiego commended the concept and the proposed landscaping enhancement. He expressed concern over the issues at Gull drive related to UPS' business. He queried the UPS representatives about the precise issue with respect to trucks cueing up onto Forbes. Mr. Taylor of UPS advised the trucks cue up after making the left turn and will stage onto Forbes Blvd. Presently, the trucks are able to stage in the yard, but a restriction to 1 lane would limit this. Councilman Addiego noted the trucks should not be cueing up onto Forbes and expressed support for the proposal. Mayor Garbarino disclosed he had with Ms. Hogan from Genentech. He supported the proposal as it was a positive improvement in the area. Councilwoman Matsumoto disclosed she had met with Ms. Hogan of Genentech. Councilman Addiego disclosed he had met with Ms. Hogan of Genentech. Motion— Vice Mayor Gonzalez/Second- Councilwoman Matsumoto: to approve Consent Calendar Item No. 7. AYES: Councilmembers Addiego and Matsumoto, Vice Mayor Gonzalez and Mayor Garbarino. NOES: None. ABSTAIN: None. ABSENT: Councilman Mullin. LEGISLATIVE BUSINESS 8. Resolution No. 92-2012 making findings as a Responsible Agency for Adoption of Chapter 8.64 of the South San Francisco Municipal Code regarding reusable bags; and waive reading and introduce an ordinance adding Chapter 8.64 to the South San Francisco Municipal Code regarding reusable bags. Assistant to the City Manager Kennedy presented the staff report recommending approval of a Resolution making findings as a Responsible Agency for Adoption of Chapter 8.64 of the South San Francisco Municipal Code regarding reusable bags; and further recommending that Council waive reading and introduce an Ordinance adding Chapter REGULAR CITY COUNCIL MEETING NOVEMBER 14,2012 MINUTES 4 8.64 to the South San Francisco Municipal Code regarding reusable bags. Since April of 2011, Council and City staff have been promoting the voluntary use of bags and have held several public meetings regarding this issue. Through public meetings and input on the subject, it became clear that affected grocers and retailers preferred a regional approach to the issue. Council held a study session earlier this year, and based upon County efforts on this item, including the performance of an environmental impact report, decided to move under the umbrella of San Mateo County's leadership on the issue yielding a regional approach. The EIR was adopted by the County's Planning Commission and Board of Supervisors. The proposed ordinance may be adopted by 18 cities in San Mateo County and 6 in Santa Clara County and would prohibit the free distribution of paper and plastic single use carry out bags by all retail outlets in South San Francisco. It would further require a 10 cent charge per such bag payable by the consumer until December of 2014. The fee would increase to 25 cents/bag after that time. The ordinance does not apply to restaurants or nonprofit charitable resellers. The proposed ordinance and regional approach would yield consistency in enforcement. Council and staff received letters and emails in support of the ordinance from the San Mateo Save the Bay and Californians Against Waste groups. South San Francisco would be the first City in San Mateo County to mobilize to adopt the ordinance and many other cities have the ordinance on projected agendas throughout the rest of the year. Vice Mayor Gonzalez questioned the exceptions for restaurants and nonprofit resellers. Assistant to the City Manager Kennedy advised that in developing the proposed ordinance the County considered this category and determined there were health risks associated with using reusable bags and/or containers to transport food. Regarding nonprofit resellers, Dean Peterson of San Mateo County advised that many of the resellers already have policies pertinent to reusable bags that are stricter than the ordinance, which is why they were specifically exempted. Vice Mayor Gonzalez stated support for the ordinance, although he thought restaurants should not be excluded. He commented on the plethora of plastic bags observed clogging storm drains when Colma Creek clean-ups are performed. Councilwoman Matsumoto noted that Goodwill Store charges 25 cents per bag if customers do not bring reusable bags when purchasing merchandise. She further commented on the savings in EIR costs based upon adoption of the County proposed ordinance. She queried plans for outreach to local businesses. Assistant to the City Manager Kennedy advised the Finance Department would place the information in business license renewals in January, the Chamber of Commerce would be contacted and inform its members of the change, and staff would do further outreach to businesses and the public via city information portals. Motion— Councilwoman Matsumoto/Second- Councilman Addiego: to approve Resolution No 92-2012. AYES: Councilmembers Addiego and Matsumoto, Vice Mayor Gonzalez and Mayor Garbarino. NOES: None. ABSTAIN: None. ABSENT: Councilman Mullin. Motion— Councilman Addiego/Second- Councilwoman Matsumoto: to waive reading and introduce an ordinance adding Chapter 8.64 to the South San Francisco Municipal Code REGULAR CITY COUNCIL MEETING NOVEMBER 14,2012 MINUTES 5 regarding reusable bags. AYES: Councilmembers Addiego and Matsumoto, Vice Mayor Gonzalez and Mayor Garbarino. NOES: None. ABSTAIN: None. ABSENT: Councilman Mullin. PUBLIC HEARING 9. Britannia Modular Labs 3 Bayside Area Development LLC/Owner/Applicant 328 Roebling Rd. P07-0077:UP07-0011,DR07-0050, SIGNS09-0034, DA12-0001, TDM07-0004, PM12-0001 & ND07-0002 Resolution Approving a Use Permit, Design Review, Master Sign Permit, Preliminary TDM Plan, and Parcel Map; to demolish existing buildings totaling 79,504 sf and construct two 2-story office/R&D buildings totaling 105,536 sf on a 2.97 acre site, with a combination of at-grade and subterranean parking at a reduced ratio of 2.7 spaces per 1,000 sf, at 328 Roebling Road in the Business Technology Park (BTP) Zone District, in accordance with SSFMC Chapters 19.48, 19.60, 20.110, 20.330, 20.360, 20.400, 20.480 & 20.490; resolution adopting a Mitigated Negative Declaration; and waive reading and introduce an ordinance approving a Development Agreement. Public Hearing Opened at 8:28 p.m. Principal Planner Beaudin presented the staff report recommending that Council follow the recommendation of the Planning Commission and : 1) adopt a Resolution making findings to certify Mitigated Negative Declaration ND07-0002; 2) adopt a Resolution making findings and incorporating Conditions of Approval to approve Planning Application P07- 0012, including Use Permit UP07-0011, DR07-0050, SIGNS09-0034, TDM07-0004, and PM12-0001; and 3) approve a motion waiving reading and introducing an Ordinance approving Development Agreement DA12-0001. Principal Planner Beaudin provided a PowerPoint presentation detailing the proposed projects located on Roebling Road at the eastern corner of East Grand Avenue. He noted that the site is sloped, with the rear being roughly 23 feet higher than the frontage on East Grand Avenue. The existing site is comprised of three separate parcels, each including an office/warehouse building. These buildings are proposed for demolition as part of the project. In their place, the applicant proposes to construct two 52,768 square foot Office/Research and Development buildings over a single level parking garage. A comprehensive landscape plan is included as part of the project, including outdoor amenities and an entitlement improvement for the former rail right-of-way that abuts the properties. The proposal thus implements the General Plan by adding usable pedestrian and bike trails. The environmental consulting firm of Lamphier- Gregory prepared a Mitigated Negative Declaration for the project in accordance with the California Environmental Quality Act (CEQA). The Mitigated Negative Declaration identified several potential impacts related to air quality, geology and soils, hazardous materials, hydrology and water quality, noise and traffic and identified mitigation measures designed to reduce all identified impacts to a less than significant level. Three comment letters were received related to project phasing and traffic mitigation measures. A response memo was prepared addressing all comments received. Mike Swofford of HCP, Inc. addressed Council. He noted that in addition to entitling and developing projects, HCP is committed to responsible leasing and operating. HCP is committed to South San Francisco and has made a substantial property investment in the area. Mr. Swofford described the project as being a continuation of the modular concept. Further, it was expected that the buildings would be occupied by at least 1-4 growing REGULAR CITY COUNCIL MEETING NOVEMBER 14,2012 MINUTES 6 companies. He noted the project's variety of other added benefits including, infrastructure improvements in the east of 101 area, enhancement of the rails to trails program and a LEED Silver certification. Tom Gilman, a Principal at DES Architects and Engineers, also addressed Council on behalf of the applicant. Mr. Gilman noted the project was planned on a relatively small 3 acre site, but was'designed to maximize the use of the space. He opined that the slope of the property presented a great opportunity to create a stepped-down parking area beneath the buildings. Accordingly, almost 50% of the parking for the project would be under the buildings. Twenty percent of the site would be landscaped area, and bio-retention areas for storm water would be included. Mr. Gilman then displayed a number of slides showing plans for the buildings. Mayor Garbarino invited public comment on the project. Mr. Nack representing the Building and Construction Trade Council of San Mateo County encouraged Council approval of the project. He stated that HCP is committed to hiring high skilled union construction workers. He further noted HCP typically employs local workers and pays fair wages. Mr. Nack also noted support for the project specified at Item No. 10. Dan Campbell with Sheet Metal Workers Local 104 joined Mr. Nack's comments. He applauded the work of developers like HCP, who will put young men and women from South San Francisco to work. Mr. Campbell also noted support for the project specified at Item No. 10. Councilwoman Matsumoto requested correction of an error in language in the Development Agreement relative to the childcare impact fee. Staff agreed. Councilwoman Matsumoto questioned whether submission of a fire emergency exit plan could be required. Fire Chief White advised that Fire Prevention Plans are required to be filed during construction and once occupied. Councilwoman Matsumoto further commented on her appreciation of the building designs. Regarding landscaping, she requested use of California Native Species, low flow irrigation systems and drought tolerant plants. She further requested that Hopseed and Agapanthus plants be avoided due to their overuse in the area. Councilman Addiego requested additional information regarding the rails to trails network- specifically the security of trail. Principal Planner Beaudin responded that all participants in development of the rails to trails segments have a vested interest in the security of the program and have worked with staff to implement lighting and other security measures. REGULAR CITY COUNCIL MEETING NOVEMBER 14,2012 MINUTES 7 Councilman Addiego commended HCP for investing in development east of 101 and for employing union workers. Vice Mayor Gonzalez questioned the number of onsite parking spaces. Principal Planner Beaudin responded that there would be 288 onsite parking stalls. Mayor Garbarino commended HCP for its presentation of such a wonderful project. Vice Mayor Gonzalez and Mayor Garbarino respectively disclosed meetings with Jonathan M. Bergschneider Executive Vice President, Life Science Estates for HCP, Inc. Public Hearing closed: 9:09 p.m. *9:09 p.m. Councilman Mullin returned to the Council Chambers and Dais. Councilman Mullin noted he had read the materials in the Council packet on this item and felt capable of voting on the matter. City Attorney Mattas advised Councilman Mullin that during the course of the Public Hearing, two gentleman representing trade councils spoke in favor of the project. Motion— Councilman Addiego/Second—Vice Mayor Gonzalez: to approve Resolution No. 93-2012. Unanimously approved by voice vote. Motion— Councilwoman Matsumoto /Second— Councilman Addiego: to approve Resolution No. 94-2012. Unanimously approved by voice vote. Motion—Vice Mayor Gonzalez/Second— Councilwoman Matsumoto: to waive reading and introduce an Ordinance approving a Development Agreement with Bayside Area Development, LLC for two 2-Story Office/R&D Buildings located at 328 Roebling Road. Unanimously approved by voice vote. Recess: 9:15 p.m. Open Session resumed: 9:25 p.m. 10. Britannia Forbes Research Center HCP/Owner/Applicant 494 Forbes Blvd. P06- 0025: UP06-0009, DR06-0021, TDM06-0001, DA12-0002 & EIR06-0001 Resolution Approving a Use Permit, Design Review, Preliminary TDM Plan, to construct two new office/R&D buildings (one 4- and one 5-stories) totaling 326,020 sf and a 3-level parking structure on a 7.48 acre site in the Business Technology Park (BTP) Zone District, and a request for a Waiver and Modification related to garage rooftop landscaping, in accordance with SSFMC Chapters 19.60, 20.110, 20.330, 20.400, 20.480, 20.490 & 20.510; resolution certifying an Environmental Impact Report and waive reading and introduce an ordinance approving a Development Agreement. Public Hearing opened: 9:26 p.m. REGULAR CITY COUNCIL MEETING NOVEMBER 14,2012 MINUTES 8 Principal Planner Beaudin presented the staff report recommending that Council follow the recommendation of the Planning Commission and : 1) adopt a Resolution making findings, including a Statement of Overriding Considerations, and certifying EIR06-0001; 2) adopt a Resolution making findings and incorporating Conditions of Approval to approve Planning Applications P06-0025, including Use Permit UP06-0009, Design Review application DR06-0021, and Preliminary Transportation Demand Management Plan TDM06-0001; and 3) approve a motion waiving reading and introducing an Ordinance approving Development Agreement DA12-002. Principal Planner Beaudin noted that the former building on this site was demolished in 2006. Since then, the 7.5 acre site has been vacant. The project site is located on the southwest corner of Allerton Avenue and Forbes Blvd. and would include construction of two new office/research and development buildings totaling 326,020 square feet, a three level parking structure and limited surface parking areas. The proposed parking structure includes 848 spaces. The requested entitlements are a conditional use permit, Design Review approval, a Transportation Demand Management Plan and Development Agreement. The Environment Impact Report was prepared to analyze the environmental issues associated with the proposed project. The EIR impacts were found to be significant and unavoidable. Consequently, certification of the EIR will require adoption of a statement of overriding considerations, indicating that the benefits of the project outweigh the unavoidable adverse effects. Four comment letters were received pertinent to the EIR during the latest review period. Responses to the comments received were included in the Final EIR. The Development Agreement on this project includes a rails to trails enhancement, possible transit opportunity sites, TDM monitoring and various impact fees. The Planning Commission reviewed the proposed project at its October 4th meeting and unanimously recommended moving forward. Mike Swofford of HCP, Inc. introduced the project noting that HCP acquired the site in 2004. The site is currently vacant land and is proposed for development as a small research and development campus with large buildings. The project would accommodate a range of possible tenants, including growing companies. The project is targeted as LEED silver. Dawn Jedkins of DES Architects & Engineers provided a PowerPoint presentation depicting renderings of the proposed project. She highlighted changes to the design made in response to Planning Commission commentary. She noted the plans included a centralized urban plaza and connectivity to transit. Regarding landscaping, she stated the developer was committed to maintaining as much of the mature landscaping presently in the area as possible, including preservation of certain pine trees. She next presented slides of renderings depicting the parking garage, which included significant setbacks. Councilwoman Matsumoto commented on the trellising in some of the depictions. Ms. Jedkins confirmed vines were intended to grow upon these structures. She also advised she had taken note of the Councilwoman's request that California native plants be utilized and that Agapanthus and Hopseed plants be avoided. Vice Mayor Gonzalez questioned whether plug-ins for electronic cars were included in the parking structure. He further questioned why solar panels were not proposed for the roof of the parking structure. REGULAR CITY COUNCIL MEETING NOVEMBER 14,2012 MINUTES 9 Mr. Swofford stated that plug-ins for electronic cars could be considered. Regarding solar panels on the garage, Ms. Jedkins advised it was likely not feasible based on building structure and area. Councilman Addiego commended HCP for pursuing this project in the City. Public Hearing closed: 10:06 p.m. Motion— Councilwoman Matsumoto/Second— Councilman Mullin: to approve Resolution No. 95-2012. Unanimously approved by voice vote. Motion— Vice Mayor Gonzalez/Second— Councilwoman Matsumoto: to approve Resolution No. 96-2012. Unanimously approved by voice vote. Motion— Councilman Addiego/Second— Vice Mayor Gonzalez: to waive reading and adopt an Ordinance approving a Development Agreement with HCP Forbes, LLC for two Office/R&D Buildings (one four and one five stories) located at 494 Forbes Boulevard. Unanimously approved by voice vote. ADMINISTRATIVE BUSINESS 11. Grocery Store/Superstore Zoning Amendment - Presentation on the economic impact analysis evaluating the impact of superstores on grocery stores in the community and broader market area; and a request for Council direction regarding further consideration of a zoning amendment and the related environmental review. Principal Planner Beaudin presented the staff report recommending that Council consider options related to a zoning ordinance amendment and associated environmental analysis and provide direction to staff. He recounted that during a Special Meeting in August, council directed staff to study the impacts a superstore, which includes a full-service grocery component, might have on South San Francisco's current and future grocery market. Council further directed staff to consider a zoning ordinance amendment which would prohibit or otherwise restrict the number of superstore sites, such that traditional grocery stores are not adversely affected. Based on this direction, staff retained two consultants. The first, Seifel Consulting, was requested to identify the potential economic impacts of a new superstore in South San Francisco. The second, Ascent Environmental was retained to prepare an initial Study which would identify CEQA topics that might need to be addressed, should Council decide to pursue a zoning ordinance amendment to prohibit or regulate superstore grocery uses in any fashion. Seifel's work is completed and the environmental impact analysis by Ascent is only necessary if Council directs staff to move forward with a zoning ordinance text amendment. At this time, Principal Planner Beaudin presented Council with the following options related to a zoning ordinance Amendment: 1) zoning amendment to prohibit or otherwise restrict the number of superstore sites in the City; 2) zoning amendment to remove all grocery uses from the east of 101 Area; 3) do nothing. Marie Munson and Nick Cranmer from Seifel Consulting presented a brief overview of the results of the economic impact study. They noted that overall there could be an average of 5 to 9 percent decline in grocery sales that would be diverted to a potential superstore. REGULAR CITY COUNCIL MEETING NOVEMBER 14,2012 MINUTES 10 Based on anticipated growth in the Community Market Area around the superstore in the next five years, a superstore would not likely be the sole contributing factor to the closure of a grocery store. However, the presence of a superstore could exacerbate continued decline of a store that is already experiencing declining or low sales volume. Grocery stores within 2 miles of a superstore are likely to experience the greatest impact. Characteristics of grocery stores that are likely to make them more resilient to the competition posed by a potential superstore include grocery stores with a specialized customer base, discount product offerings, neighborhood convenience, high customer loyalty and the ability to absorb sales losses through contraction and diversification of private labels. Resident Stacey Turpin addressed Council. She advised that she is and has been employed by Walmart.com for sometime. She noted all of the benefits the Company bestows upon its employees, including a reduced schedule upon the birth of a child, payment to work as a volunteer in the community and volunteer matching. She noted the company is very active in the Junior Achievement Program at Spruce School. She further provided examples of Wal-Mart's charitable giving. She opposed any action that would prohibit a Wal-Mart store from opening in South San Francisco. Alex Delxis, Interim Director of the Hispanic Chamber of Commerce for San Mateo County also spoke against any action prohibiting grocery superstores. He noted such stores increase competition, help local businesses improve and bring in more tax revenue. He observed demand is not static. Competition creates more demand and brings in people from other places to spend on local businesses as well as increase the overall productivity of the City. Rich Heges a UFCW member and community advocate noted that the location of the current Lowe's store is very difficult to get in and out of. He commented that the introduction of a large superstore in that area would create problems for efforts to improve transportation service in the City. It would further adversely affect the City's ability to impact future improvements to the transportation corridor. Resident SL Razzandy spoke in favor of Superstores such as Wal-Mart. She stated it is troublesome that she has to drive to Mountain View to shop there. She commented that a lot of residents would benefit from the value pricing at Wal-Mart and noted the City would generate tax revenue from such a store. Councilman Mullin thanked the speakers for attending and for stating their positions. He noted he has made it known that he would not support a Wal-Mart coming to South San Francisco for a variety of reasons. However, the real issue confronting Council this evening is one of controlling the City's land use destiny and the economic impact on the residential west side of South San Francisco. He commented on the letter from the owners of the current Lowe's location indicating that Lowe's is not currently in negotiations concerning purchase of the lease. Despite that, he has received calls from a Wal-Mart lobbyist and other representatives. He questioned whether staff had additional information as to the actual status of the Lowe's property. He further commented that the Lowe's store is in the Caltrain area, which is a critical piece of the City's development future. He wanted to make certain that future Councils have some control over what happens in that critical transit corridor of the City. REGULAR CITY COUNCIL MEETING NOVEMBER 14,2012 MINUTES 11 Vice Mayor Gonzalez stated he needed more information prior to making a decision with respect to which of the options to direct staff pursue. Councilman Addiego thanked Ms. Turpin for sharing the positive comments regarding her employer. He noted that from an economic standpoint, the comments by Rich Heges were significant. He noted the addition of another superstore could have a devastating impact on smaller retailers in the City. Councilwoman Matsumoto commented that the City would benefit from the additional employment a superstore might bring. Staff replied that 300 associates might be expected to be employed. Councilmembers discussed not having enough information to make a decision with respect to any of the options. It was further observed that hopes for improvement related to any of the west of 101 grocery stores would be diminished by the addition of another superstore. Given the need for additional EIR work, Councilman Mullin questioned whether a temporary moratorium on superstores was plausible. In response to alternatives provided by City Attorney Mattas, Council determined that it was most interested in pursuing a Moratorium public hearing that could be noticed and placed on the Council's next regular meeting agenda of December 12, 2012. Mayor Garbarino opined that grocery stores belong in the residential part of the City and was in support of considering a moratorium at the next Regular City Council meeting. Councilmembers agreed and directed staff accordingly. It was further decided that Council would wait until its next Regular Meeting to provide direction with respect to going forward with environment review. 12. Discussion pertaining to options and procedures for filling the Council seat scheduled to be vacated by Councilman Mullin due to his expected assumption of Office in the State Assembly on December 3, 2012. City Attorney Mattas addressed Council advising that with Councilman Mullin's expected resignation from the City Council as of December 3, 2012 to assume office in the California State Assembly, Council would have three options for filling the vacancy: 1) appoint a qualified resident for the remainder of his term; 2) appoint a qualified resident in the interim until the time a special election might be held; 3) set a special election for the seat. If Council chose to go the route of appointment, an appointment would have to be made within 30 days of Councilman Mullin's resignation. Councilwoman Matsumoto expressed interest in pursuing the appointment process. REGULAR CITY COUNCIL MEETING NOVEMBER 14,2012 MINUTES 12 Vice Mayor Gonzalez noted that he would not be in favor of appointing someone to the full three year term,but might consider interim appointment or outright special election. Councilman Addiego expressed interest in soliciting applications for appointment to survey interest in the position. He suggested that Council reserve a decision on whether to consider appointment until its next meeting once applications had been received. Councilmembers directed staff to issue a notice soliciting interest in the Office of City Council and report back as to the status of applications at the December 12, 2012 regular meeting. At that time, it would make a determination as to whether to set meetings for interviews/appointment during the week of December 16, 2012. Council further directed that the City Clerk include the following 3 questions in the application: What do you view as the greatest issue presently confronting the City Council of the City of South San Francisco? What in your background will best prepare you to function as an elected official? What do you perceive the roll of a City Councilmember to be? COMMUNITY FORUM None. ADJOURNMENT. Being no further business, Mayor Garbarino adjourned the meeting at 11:24 p.m. in honor of Betty Wolfe and Ed McGovern, Sr. Submitted: Approved: to J o y M. melt' Pedro Gonzalez City ' ity of South San Francisco Mayor, City of South San Francisco REGULAR CITY COUNCIL MEETING NOVEMBER 14,2012 MINUTES 13