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HomeMy WebLinkAboutMinutes 1999-02-10 MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING February 10, 1999, 7:30 PM Municipal Services Building Community Room CALL TO ORDER: ROLL CALL: Present: Absent PLEDGE OF ALLEGIANCE INVOCATION: 7:30 p.m. Councilmembers Fernekes and Mullin, Vice Mayor Matsumoto and Mayor Datzman. Councilmember Penna* (*Councilmember Penna was absent due to an illness.) Reverend John Cantley of Grace Covenant Church. Mayor Datzman asked for a moment of silence in memory of Mr. Mario Raffaelli, a well respected member of the community, former Planning Commissioner, and father of Police Chief Mark Raffaelli. PRESENTATIONS: Mr. Steve Patane, Westborough Middle School, "Show Me the Money" - Vice Mayor Matsumoto presented the proclamation and invited student Justin Wong to read the proclamation recognizing Mr. Patane for his recent nation-wide victory in a simulated stock market game competition. Councilman Mullin, familiar with Mr. Patane's efforts, congratulated him, and stated that his students continued their competitive successes at South San Francisco High School. Ms. Jaymie Steen, BART Update - Ms. Steen brought the Council up to date on · site preparation and utilities relocation · line, trackwork, systems · Millbrae Intermodel Station · San Bruno Station · South San Francisco Station The contractor is working evenings and on weekends to minimize noise and traffic congestion. AGENDA REVIEW City Manager Wilson reminded Council that Items 9 (King Ventures) and 10 (St. Augustines Church) are being continued to the February 24 meeting. ORAL COMMUNICATIONS None. COMMUNITY FORUM Councilman Fernekes informed the Council of the following: The City of South San Francisco hosted the February 4th North San Marco County Council of Cities quarterly dinner meeting at the Corporation Yard. The guest speaker was newly appointed County Supervisor Rose Jacobs Gibson and the dinner was catered by Joseph and Mary Ann Peace. He and Councilman Mullin attended a recent Daly City Planning Commission meeting concerning the proposed five story hotel development that would tower over the West Winston Manor neighborhood. The Planning Commission continued this item to April 2, which will allow our stafftime to conduct a neighborhood meeting to raise awareness of this issue. Three recent complaints received regarding TCI Cable were read for the record. In response to the other complaints received, a letter, prepared by the City Manager, was read for the record requesting a rebate/credit for South San Francisco customers due to TCI's continuous poor service. The letter requested a reply from TCI. COUNCIL SUBCOMMITTEE REPORTS San Francisco Airport-Community Roundtable - Councilman Mullin updated the Council on the following: The Airport Runway Reconfiguration Feasibility Partnership Study Group will be making a recommendation to the Airport and FTC for two alternate plans for runway reconfiguration which will benefit our community; · The Roundtable has requested that a study of Runway 28 be made to identify if planes are using that runway for reasons other than weather related or safety; · A new subcommittee that he was just appointed to, will be looking at revising the current Airport noise complaint system. REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 10, 1999 PAGE 2 CONSENT CALENDAR Motion to approve Minutes of the Special Meeting of January 6, 1999 and the Special Meeting of January 30, 1999. 2. Motion to confirm expense claims of February 10, 1999 in the amount of $2,074,711.14. Motion to approve the selection of Scott Hospitality Consultants to prepare the South San Francisco Hospitality Industry Study. Motion to approve the selection of Public Market Collaborative as the consultant to prepare a Site and Feasibility Analysis for a potential public market project. Motion to adopt an Ordinance No. 1234.99, ZA-96-113 amending Zoning Ordinance of the City of South San Francisco, Title 20 Chapters 23, 28, 29, 32, 33, 35, 42, 44 and 46, amending existing tables and new zoning districts Title 20, Chapters 70, 71, and 72. Establishing a new chapter (Title 20 Chapter 68 for FAR) and amending definitions in Chapter 20.06 Resolution No. 13-99 authorizing a Ground Lease between the City of South San Francisco and the Conference Center Authority. Resolution No. 14-99 authorizing and directing execution of certain lease financing documents for the Conference Center. Motion-Fernekes/Second-Mullin: To adopt the Consent Calendar as presented. Unanimously approved by voice vote. PUBLIC HEARINGS Mayor Datzman asked for speakers' cooperation by limiting their comments to five minutes. He stated that a timer will be used for monitoring purposes. o To consider Materials Recovery Facility and Transfer Station, GP-98-013, ZA-98-013, EIR-98-013, Amendments to the Zoning Ordinance, and Amendments to the General Plan (East of 101 Area Plan) for authorization to construct and operate a New Material Recovery Facility (MRF) and Garbage Transfer Station (TS) on a new vacant parcel located at the east end of Jamie Court in the East of 101 Area. Open public hearing, conduct public hearing; motion to adopt resolution certifying EIR, motion to adopt resolution approving amendments to the General Plan, motion to waive reading and introduce an ordinance. Chief Planner Harnish presented the staff report and presented a slide show covering the major issues of the proposal: REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 10, 1999 PAGE 3 · Location · Land Use Policy · Traffic · Odor, Noise and Aesthetics · Litter · Subdivision of the Slough · AES Power Plant Proposal · Public Notice During the discussion of Potential Traffic Impacts, Mayor Datzman asked for an explanation of Deflection Testing, City Engineer Kaput explained that it is a test performed on pavement to study its rigidity and load bearing capacity. Under "Trip Generation" Vice Mayor Matsumoto asked for explanation of the term independent haulers, which staff verified refers to commercial haulers. Councilman Mullin asked if the size of vehicles were factored in as one truck might equal the size of several vehicles. Chief Planner Harnish stated no, the study was not based on weight. Under discussion of the "Subdivision of the Slough" and its contamination, Mayor Datzman asked the source of the contamination since the parcel has never been developed. Chief Planner Harnish explained that adjacent properties, e.g., Fuller O'Brien, is a possibility as a source for contaminants, but it has not been proven in a court of law. Councilman Mullin asked how the estimated cost of the clean up was determined and the process by which the Scavengers will take back the slough area once it's decontaminated. Chief Planner Harnish stated that consultants determined the estimated cost from researching preliminary data and that the subdivision is only temporary; once the parcel is decontaminated the Scavengers will take it back. Speakers Representing Applicant: Stephanie Uccelli-Menner South San Francisco Scavengers, Inc. 69 South Linden Avenue South San Francisco, CA 94080 Bob Cam, Project Manager URS Greiner 111 S.W. Columbia Street Portland, Oregon Joe Marshall Patri-Merker Architects 400 Second Street, Suite 400 San Francisco, CA 94107 Dan Mower Callander Associates 311 7m Avenue San Mateo, CA 94102 Annie Mudge Washburn, Briscoe and McCarthy REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 10, 1999 PAGE 4 55 Francisco Street San Francisco Ms. Menner stated that she would first introduce the project consultants for a presentation and then readdress the Council with her comments. Mr. Cam reviewed a slide presentation of the site and described actions taken to mitigate concerns. The facility's design meets requirements of the East of 101 Plan; all processing of materials will take place indoors under cover. The project incorporates design features learned in the last 10 years, which will be better than the Blue Line Transfer Station. The facility will not have any large open areas to allow noise, odor or refuse to escape, and not attract birds. He felt the facility would not have any adverse impacts. Mr. Marshall presented a multi-media slide presentation of the architectural drawings, color palette and design elements (ecological and educational features) &the facility and campus. He stated the facility will be a good neighbor. (Recess - 9:30 pm-9:38 pm) Mr. Mower, landscape architect, reviewed slides of proposed landscaping for the site and bay trail. Vice Chair Matsumoto asked for clarification on the size of trees to be planted and Mr. Mower indicated that trees will be 15 and 24-gallon box size established trees. Ms. Mudge addressed the adequacy of the EIR and the AB939 process. She stated that she has prepared written responses to charges that the EIR is inadequate. She has been working on this project since 1997 and felt the project has not been rushed through, and the Scavengers looked diligently at alternative sites. She stated that two deadlines are at stake with this project: 1) the AB939 requirement that it be built by the year 2000, and 2) the allocation of tax exempt pollution control financing bonds. Ms. Menner stated that it makes good business sense to do this project now, costs will go up with a delay, which would then be past on to the consumer. She addressed the size of the site, stating South San Francisco Scavengers must keep pace with the growth of the cities it services; that the facility will serve Brisbane, Millbrae and South San Francisco and SFO, so therefore it will be centrally located and can consolidate services; there will be an educational component with a viewing room for the public with interpretive displays, and a litter management program will be enforced. She stated that truck loads must be covered with a tarp or the driver will be fined. She noted that there has not been any declining property values in the area of the Blue Line Transfer Station on Oyster Point Boulevard. In summary, Ms. Menner stated that South City Scavengers has been in the community for over 80 years and employs many residents of South San Francisco; she believes this project will be good for the community. Mayor Datzman opened the public hearing and reminded the audience that there will be a five-minute time limit due to the many speakers. Speakers will be taken in alphabetical order with the exception of Mr. Mark Melbye who has a slide presentation to make. REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 10, 1999 PAGE 5 Mr. Mark Melbye, CB Commercial, 1350 Bayshore Highway, Suite 150, Buflingame, speaking against the project, stated that he objected to the City's East of 101 Plan with regards to freight forwarders being ostracized from the area, and he is now objecting to this project because it will devalue the surrounding properties. (Unable to operate his slide presentation, Mayor Datzman asked for the next speaker to take the podium.) Mr. Kirk Berry, Yellow Freight, submitted a card to speak, but did not respond to his name being announced. Mr. Fred Bertetta, Jr., Olympian, 260 Michelle Court, South San Francisco, spoke in favor of the project. His company carefully studied the controversial issues surrounding the project and its fears and concerns have been alleviated. He feels the project is sound and supports its location. Mr. David Black, 518 Huflingham Avenue, San Mateo, speaking against the project, stated he has been working with Fuller O'Brien to market its property. He asked the Council to deny the application and have staff work with the local brokers to find an alternative location. Mr. David Blackwell, Ellman, Burke, Hoffman and Johnson, One Ecker, Suite 200, San Francisco, speaking against the project, stated he represents Lenaco Corporation, and submitted a letter regarding inadequacy of the FEIR due to its failure to address cumulative impacts of the AES power plant, for failing to examine alternative sites, and for lacking substantial evidence to support the Statement of Overriding Consideration. He asked the Council to deny certification of the EIR and amendment to the General Plan. (Letter submitted to the City Clerk.) Mr. Jerome Crowley, Jr., President, The O'Brien Corporation, 2483 Old Middlefield Way, Suite 103, Mountain View, speaking against the project, clarified that O'Brien currently owns 17 acres of adjacent property and Glidden Paints owns 9 acres, purchased from O'Brien in 1995. The properties are currently under contract with Cherokee Investment Partners, and are in the "due diligence phase" and scheduled to close in late February. He stated that if this MRF/TS facility is approved Cherokee will abandon its development. Ms. Carolyn Dilena, 451 East Jamie Court, South San Francisco, speaking against the project, stated she was representing numerous local businesses in South San Francisco located in the East of 101 area. Her reasons to deny the project include: 1) East of 101 has brought value to the area and this facility is not in accordance with the plan; 2) rezoning the parcel to light industrial will open the door to similar uses, and Cherokee Investments will be a loss for the area; 3) the urgency to build the facility is not valid since a three year extension can be applied for; 4) it is not prudent for the applicant to subdivide the slough property until it is decontaminated; 5) the location is not appropriate for a regional use; 6) the facility will emit noise, odors and garbage. Ms. Dilena REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 10, 1999 PAGE 6 requested the project be denied and a better location be found. (Petitions were submitted to the City Clerk.) Mr. Randy Dilena, Lenaco Corporation, 451 East Jamie Court, South San Francisco, speaking against the project, read from a lengthy prepared letter. His comments included: opposition to the bay front site; requesting an AB939 extension; limiting the size of the project to five acres and thereby reducing fees that will be passed on to the consumer; BCDC's opposition to the project because of concern with odor and garbage along the Bay Trail; the AES power plant being built on adjacent property, and keeping intact the vision of the East of 101 Plan. Mr. Dilena urged that the project be denied and sent back to the Planning Commission for further study. (Letter submitted to City Clerk.) (Cassette 2) Ms. Carita Felbermayr, 711 S. Bayshore Boulevard, Suite 29, San Mateo, representing Musak, speaking against the project, felt the City was going backwards environmentally by approving this project and could only envision garbage and smokestacks. (Petitions submitted to City Clerk) Mr. Mark Melbye, representing CB Commercial, continued his presentation with a slide show highlighting areas of the East of 101 area, stating he had not heard about the project until a month ago and reviewed problems with locating the facility in the East of 101 area. He felt the Dupont and Roger sites (located along Linden Avenue at Dollar Road) were a more compatible area for the use. Mr. Rusty Firenze, Vice President of Operations for Olympian, 260 Michele Court, speaking in favor of the project, felt the traffic impact would be minimal due to the off hours of the business, and that issues raised by brokers in locating a new site are unrealistic, the City did a thorough job at looking at alternative sites. He supported the use and felt it was necessary for the community. Mr. Jeff.Henderson, Comfort Suites, 121 East Grand Avenue, speaking against the project, stated that the area has numerous hotels that contribute to the City's tax base, and that the area has the potential of becoming an oasis if the East of 101 Plan is not jeopardized. Ms. Shelley Kessler, Treasurer of the San Mateo County Central Labor Council, 1153 Chess Drive, Suite 200, Foster City, speaking in favor of the project, felt the project would be a clean and safe environment for its workers and for the community. Ralph A. Kerstetter, Attorney, Arter and Hadden, 201 California Street, 14th Floor, San Francisco, speaking against the project, stated he was representing Glidden Paints, and reiterated Mr. Crowley's comments that the Cherokee Investment deal will die if this project is approved. He stated that the deal was based on the East of 101 Plan and believes that other avenues should be explored to locate the facility elsewhere. (Submitted a letter to the City Clerk). REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 10, 1999 PAGE 7 Mr. Lawrence Lanctot, Attorney, 44 Montgomery Street, Suite 3585, San Francisco, speaking against the project, stated he was representing the O'Brien Corporation, clarified the property lines between the O'Brien property and Glidden Paints. He stated that the MRF/TS will block views from the O'Brien property. Supports the East of 101 Plan and felt this project will kill it. Cherokee has unequivocally stated that the sale of the property is dead if the project is approved. Additionally, the O'Brien Corporation did not receive notification of the hearings so therefore O'Brien was not able to participate in the EIR process. Guidelines for granting extensions regarding AB939 will be presented to the California Integrated Waste Management Board in two weeks. Being a former planning commissioner, Mr. Lanctot suggested a JPA be formed with other communities, such as Colma or Daly City, to consolidate source reduction facilities. Mr. Elliott Mackey submitted a card to speak but did not respond when his name was called. Mr. Bill Mayer, Air Quality Control Inc., 151 Haskins Way, speaking against the project, stated that this prime area should not be wasted on a garbage facility. His concerns included the impact the facility would have on the environment and the impact if the parcel is rezoned. The EIR also referred to significant and unavoidable impacts on land use, traffic, air quality and noise. Mr. Mayer stated that Brisbane, SFO and Millbrae are not willing to have this project in their jurisdiction because of the inappropriate land use. (Petitions submitted to City Clerk). Mr. Bob Morales, Secretary Treasurer of Teamsters 350, 185 Berry Street, San Francisco, speaking in favor of the project, stated that the members of his local have been waiting for this facility for many years and urged Council to approve the project. Mr. T. J. Rafael, 743 Hill Avenue, speaking in favor of the project, felt the Blue Line Transfer Station is outdated and urged the Council to approve the project Ms. Marcy Saunders, Business Manager for the Building and Construction Trades Council, 1153 Chess Drive, Foster City, representing 18,000 construction workers in San Mateo County, speaking in favor of the project, felt the project would be a clean, beautiful project and that the City would not lose business. She stated she has seen this type of facility work in other towns without any change in development. Ms. Saunders questioned why a development has never been built at this site since it is so pristine and the County lacks buildable sites. Mr. Paul Shepherd, 401 East Grand Avenue, speaking against the project, stated he started the Cabot, Cabot and Forbes Industrial Park. He felt wind was a significant factor in the area to cause litter problems and that plastic materials used in the design would not hold up. Although in favor of freight companies he felt it was hypocritical to now make this modification to the East of 101 Plan. He suggested that the offices on Linden Avenue stay put and use the eight acres at the Blue Line Transfer site for the new facility. He asked the Council to look at their vision for the City, that this site can be used for REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 10, 1999 PAGE 8 something better since it had not been for sale before. Mr. Shepherd observed that people will now be visiting the area looking for the biotech industry while following garbage trucks. Mr. John Stein, Vice President, Four Star Automotive, 113 South Linden Avenue, speaking in favor of the project, felt that the discussion all had to do with money. He stated that South San Francisco Scavengers does a good job in the community, and its employees are active in the community. This is an important project to the citizens and businesses of South San Francisco. Mr. Marc Teglia, Baden Avenue, speaking against the project, questioned the location of the project. The City has an integrity issue since it has turned away other uses in the East of 101 area. He believes that the City should use its resources to form a coalition of key people and find an appropriate site. Mr. Teglia supported a MRF in South San Francisco, but urged Council to give it more time to look for a more suitable location. Mr. William Quirie, 380 Swirl Avenue, Suite 14, speaking against the project, agreed with Commissioner Teglia, and felt the project would set the City back 25 years. He urged Council to listen to the speakers and do what's best for the area. Mr. John Dilena, 451 East Jamie Court, speaking against the project, stated that over 500 names have been submitted to Council who oppose the project. He informed the Council that his property (451 East Jamie Court) was purchased from Haskins as a personal favor, not business, and that the lot next door was never for sale. The AES site has a web site that refers to the South San Francisco Power Plant. He believes that the City will not have any say over the power plant because it is decided at the State level. He asked the Council to please consider this in their decision. Mr. Tony Khorozian, 116 Aptos Way, speaking in favor of the project, felt the businesses in the area were only thinking of money in their pocket and were not thinking of the citizens of South San Francisco. He supported the project being built in South San Francisco and that it would bring lower rates to its customers. Mr. Marshall Hydorn, CB Commercial, speaking against the project, felt there were additional sites to look at, such as EFL Transportation site (50 Tanforan Avenue), DuPont, Rogers, SE Rykoff, Waldman (Shaw Road). He suggested these sites be looked for further examination. Public hearing closed. (Recess 11:48 pm - 11:56 pm) Mayor Datzman informed the public that there were numerous documents for the Council to read and absorb. The City Attorney will respond to documents just received. The City Attorney stated that he will attempt to respond to correspondence comments received, although the public review period is closed and the City is not required to respond. REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 10, 1999 PAGE 9 · Cumulative impacts of AES facility - Assistant City Attorney Adam Lindgren stated CEQA guidelines take into account that changes surrounding a development will occur. It was not until after the Notice of Preparation (NOP) and publication of the Draft EIR that knowledge of the AES power plant came forward, therefore, there is no need to supplement or amend the cumulative impacts analysis as a result of the power plant. City Attorney Mattas added that the Final EIR does address the AES project, because ora comment letter that referenced a power plant facility and it was included in discussion in the FEIR. He also explained that the fundamental land use change of rezoning the parcel Coastal/Commercial to Industrial addresses the cumulative impact issue and supports the EIR as adequate. · The City Attorney stated that he reviewed three letters submitted to Council this evening from the Scavengers and other businesses in the vicinity and believes comments made by the Scavengers are an accurate reflection of the CEQA standards. · Notification - City Attorney Mattas stated that legal requirements were adhered to and notice of the NOP went out to the last known address of adjacent property owners. Adequate noticing was done. · Franchise Agreement, extra ordinary costs - the City Attorney stated that extra ordinary costs relate to land fill, disposal costs or other actions mandated by governmental action or judicial determination. The 1V[RF facility can not be categorized as an extra ordinary cost. Dupont and Rogers sites - City Attorney Mattas stated these sites were looked at by City staffand were not available. Also, the City can not use eminent domain to purchase these properties without going through a very convoluted process and amending the Downtown Central Redevelopment Plan. · Extension of AB939 - The City Attorney discussed the hypothetical question of requesting an extension due to litigation of an approved project and whether or not this meets the "good faith standard". He felt that this is an assumption that doesn't exist in the present situation. · Rezoning would downgrade the area - The City Attorney discussed Council's discretion to make land use changes. He felt that this fundamental transformation would not legally necessitate a change in the general area, but it is Council's discretion to decide if there will be a market change. Mayor Datzman asked for comments from Council. Councilman Fernekes stated he had met with several speakers beforehand and he had discussed their concerns with staff. He looked at alternative sites, and compared the Dupont site to the hotel being built on Hickey Boulevard in Daly City---constructing a facility next to a residential neighborhood. Another issue was the Scavenger Company's contribution to the City's tax base. The City Manager indicated that they contribute $750,000 a year, and verified that the MP-,F will not be added to the rate structure. Councilman Fernekes stated that speakers questioned why the Scavengers were doing business with Brisbane and stated that the City does not limit businesses from doing business with other communities or limit a business' potential growth. He reiterated that the process has been going for 13 months and staffverified that four site searches took REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 10, 1999 PAGE 10 place. He agreed with the comment that Council is held accountable for its actions and believes that he will be making the best possible decision for South San Francisco. Councilman Mulllin stated that this was a difficult vote and discussed the issues that he looked at in making his decision. He felt that the Cherokee issue was speculative and not sure if the AES power plant will go forward. He felt Scavenger employees would be taken care of. He believes rates will not increase. He doubted if there were another 10 acre site available in South San Francisco, but he drove around the town to look. He stated that many of those in opposition live elsewhere and those that support it are residents, He felt the documents he reviewed are excellent. He has been lobbied by both sides and received communications from people on both sides of the issue. Councilman Mullin stated he was a member of council when the franchise agreement was approved in 1997 and knew a large site would be necessary, but the Haskins' site was not mentioned as part of that agreement. He felt the East of 101 Plan is the bible for area and locating the MRYfrs at this location counters what the City has been attempting to do in the area for the last 15 years. He felt that the Scavengers have been doing a commendable job at their current location and therefore a smaller site should be looked at. In summary, Councilman Mullin could not support amending the East 101 Plan and felt the zoning should remain Coastal/Commercial and that the facility should not be built at the proposed location. Vice Mayor Matsumoto stated she has spoken with many people ana thought an extension should be requested but does not feel there is another site available. She asked for clarification on East of 101 Plan statements: "developments planned for the East of 101 Area shall be evaluated based upon merits and net benefits they will provide to the East of 101 Area and the City of South San Francisco", "new land use issues that are similar to or compatible with surrounding the development shall be encouraged", and clarification on the definition of"transitional". Chief Planner Harnish stated that the concept "transitional zone" refers to a combination of uses from light industrial to offices, hotels and warehouses uses that would take advantage of the bayside area. This concept is being amended. He stated that the East of 101 statements are broad and the MRY station is a benefit and resource to the community. He further explained that many existing uses in the area are primarily light industrial with the exception of the O'Brien area designated planned commercial. Vice Mayor Matsumoto asked for an explanation of the county-wide plan for waste siting, and the City Manager stated it is to ensure a land fill that can handle the needs for the next 15 years, and also to see that cities have programs to meet State policy. He stated the MP, F~S is acknowledged in the draf~ report. Vice Mayor Matsumoto asked if notices could go out by certified mail but staff stated that with a large mailing it could get expensive, and letters that are not delivered are returned to the City even if marked occupant. Vice Mayor Matsumoto asked Ms. Menner if the Scavengers would be willing to sweep or monitor the area for litter. Ms. Menner stated that this has been addressed in the and monitoring of litter will be done on a schedule. Vice Mayor Matsumoto also asked if REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 10, 1999 PAGE 11 independent haulers could be scheduled for off hours or weekends. Ms. Menner stated a plan to off-set their hours can be worked out. Mayor Datzman asked for clarification on why the BFI facility was not listed as a MRF/TS facility in the Bay Area. Staff indicated that it should have been listed. He also asked about noise mitigation and if the applicant intended to use screamers to keep birds away, staff responded that screamers will not be used. In reference to the East of 101 Plan, he stated that even businesses must make changes to their plans. He questioned the accuracy of information that people received regarding this project, and that the process has been going on for 13 months. He felt the process was not rushed through. Traffic is a concern to the City and there are mitigation measures addressing it. Other sites have been studied and it was determined that this was the best site. Mayor Datzman concluded that he has looked at all the issues and feels that approving the project is the right thing to do. Motion-Fernekes/Second-Matsumoto: To adopt Resolution No. 15-99 to certify the Environmental Impact Report (EIR-98-013) including a Statement of Overriding Consideration and Mitigation Monitoring and Reporting Program. Approved by roll call vote: Ayes: Councilman Fernekes, Vice Mayor Matsumoto and Mayor Datzman. Noes: Councilman Mullin. Abstain: None. Absent: Councilman Penna. Motion-Fernekes/Second-Matsumoto: To adopt Resolution No. 16-99 to approve the amendments to the General Plan (GP-98-013). Approved by roll call vote: Ayes: Councilman Fernekes, Vice Mayor Matsumoto and Mayor Datzman. Noes: Councilman Mullin. Abstain: None. Absent: Councilman Penna. In response to Councilman Fernekes' regarding the motion, City Attorney Mattas advised the Council to split the motion to waive the reading of the ordinance, to avoid having to read the ordinance in its entirety, and then make the motion to amend SSFMC Chapters 20.06, 20.75 and 20.31. Motion-Fernekes/Second-Matsumoto: To waive reading of an ordinance. Unanimously approved by voice vote. Motion-Fernekes/Second Matsumoto: To introduce an ordinance (RZ-98-013 and ZA- 98-013) to amend the Chapter 20.06, 20.75 and 20.31 of the South San Francisco Municipal Code and rezone the site. Approved by roll call vote: Ayes: Councilman Fernekes, Vice Chair Matsumoto and Mayor Datzman. Noes: Councilman Mullin. Abstain: None. Absent: Councilman Penna. City Attorney Mattas stated that the listed resolution to approve a use permit was a typo. (Recess 12:58 pm - 1:08 am) Oyster Point Marina Resort, King Ventures, Oyster Point Boulevard and Marina Way, ND-96-079, GPA-96-079, and PP-96-079, Oyster Point Marina Specific Plan REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 10, 1999 PAGE 12 Amendment allowing shared use of public parking on Parcel 5 and allowing reduced side and rear setbacks on Parcels 1, 2, and 4, amending the Oyster Point Maria Specific Plan land use diagram re-designating a portion of Parcel 5 from public park uses to private restaurant, Zoning Amendment to the Oyster Pint Marina Specific Plan Zoning District SSFMC Chapter 20.59 allowing shared use of public parking on Parcel 5 and allowing reduced side and rear setbacks on Parcels 1, 2 and 4, and Rezoning the Oyster Point Marina Specific Plan District zoning map redeisgnating a portion of parcel 5 designated or public park uses to commercial uses and reflecting the widening of Oyster point Boulevard and Marina Way. Tentative Parcel Map to reconfigure property boundaries between several parcels including (1, 2, 4, and 5), and a Precise Plan for office, hotel and restaurant facilities on sites (1, 2, and 4), situated on a partially developed site bounded by Oyster Point Boulevard, Marina Way and San Francisco Bay, in accordance with SSFMC Title 19 and 20. Staff requested this item be continued to the February 24, 1999 City Council meeting. Motion-Fernekes/Second-Mullin: To continue Oyster Point Marina Resort King Ventures, ND-96-079, GPA-96-079, and PP-96-079 Oyster Point Marina Specific Plan Amendment to the regular City Council meeting of February 24, 1999. Unanimously approved by voice vote. 10. Motion to continue St. Augustine's Church, ND-98-052 and PUD-98-052, Negative Declaration and Planned Unit Development, to the regular City Council meeting of February 24, 1999. Motion-Fernekes/Second Mullin: To continue St. Augustine's Church, ND-98-052 and PUD-98-052 to the regular City Council meeting of February 24, 1999. Unanimously approved by voice vote. ADMINISTRATIVE BUSINESS 11. Consideration and certification of Supplemental Environmental Impact Report (SEIR) for Terrabay Phases II and III as adequate. The City Clerk stated that several documents had been submitted for the record from people who had to leave the City Council meeting due to the late hour. Mayor Datzman apologized to those waiting to speak on this issue. He stated that anyone wishing to speak at this time may do so. Mr. David Schooley, San Bruno Mountain Watch, stated that he has spoken with many people regarding this project and the consensus he gets is that people want the small town feeling. He stated his concerns regarding the wetlands, and that organization is already going to court over the Habitat Conservation Plan. (A letter was submitted to City Clerk.) REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 10, 1999 PAGE 13 Mr. Del Schembari, 321 Alta Mesa Drive, felt there were cumulative effects that the SEIR has not addressed and mitigation measures that will not work. Mr. Fred Matthews, 44 Duval Drive, felt the SEIR was not adequate and that there will be a major loss of wetlands which will have a significant impact. He felt aesthetics were not looked at in EIR and he suggested the City purchase the shell mound area and dedicate it as a park. Mayor Datzman listed other speakers who turned in cards and hearing no response he asked that the item be continued to February 17. He suggested that the boards' and commissions' applicants be notified that their interviews will be cancelled. Motion-Mullin/Second-Fernekes: To continue consideration and certification of the Supplemental Environmental Impact Report (SEIR) for Terrrabay Phases II and III as adequate to February 17, 1999. Unanimously approved by voice vote. 12. Resolution authorizing execution of an agreement with Union Pacific Railroad to install a concrete railroad crossing at Linden Avenue. Staff report was presented by City Engineer Kapur. Councilman Mullin asked for verification that Linden Avenue will be closed for three days, and City Engineer Kaput stated that only half of the street will be closed. Motion-Mullin/Second-Fernekes: To approve Resolution No. 17-99 authorizing execution of an agreement with Union Pacific Railroad to install a concrete railroad crossing at Linden Avenue, MP EK-12.80, South San Francisco lead Subdivision AAR/Dot No. 750260M. Unanimously approved by voice vote. 13. Resolution authorizing the execution of an agreement for the installation of a sculpture at Westborough and Junipero Serra Boulevards. Staff report presented by Parks, Recreation and Maintenance Services Director Nagel. (A miniature replica of the sculpture was on display for Council's information.) Councilman Mullin asked what affect the burnishing would have. Director Nagel responded that the artist would sand the finish and the shine would be lost. He further stated that language regarding this requirement is in the agreement. Motion-Matsumoto/Second-Fernekes: To approve Resolution No. 18-99 authorizing the execution of an agreement with James Russell for the Westborough Sculpture in the amount of $35,000. Unanimously approved by voice vote. ITEMS FROM COUNCIL None. REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 10, 1999 PAGE 14 GOOD AND WELFARE Mr. Colin Post asked that applicants for boards and commissions be notified by mail that the interviews are being cancelled for February 17. Motion-Matsumoto/Second-Fernekes: To adjourn the meeting at 1:45 am. Unanimously approved by voice vote. Respectfully Submitted: Approved: S · lVcity~6f So!~ ~n~t~n'cis eo~ ~ al-, ~.ity Clerk~ The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communications, arguments, and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 10, 1999 PAGE 15