HomeMy WebLinkAboutMinutes 1999-11-17 MINUTES
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
SPECIAL MEETING
NOVEMBER 17, 1999
MUNICIPAL SERVICES BUILDING
COMMUNITY ROOM
33 ARROYO DRIVE
1. Call to Order 5:37 p.m.
2. Roll Call Present:
Councilmembers Femekes, Mullin
and Penna*, Mayor Pro Tem
Matsumoto* and Mayor Datzman
Absent: None
*Councilman Penna and Mayor Pro Tem Matsumoto
arrived at 5:45 p.m.
o
Oral Communications None
Interview Applicants for Conference Center Authority
Human Resources Director Bower reminded Council that there are six
applicants and two seats open for the Conference Center Authority. She
also informed Council that applicant Mr. Fil da Cunha is out of town on
vacation.
Council interviewed applicants in the following order:
Ms. Laurie Masetti (5:38 p.m.) - Ms. Masetti stated she was concerned
that her interview was being conducted without Councilman Penna and
Mayor Pro Tem Matsumoto being present. Mayor Datzman responded
that they will be given the opportunity to listen to the audio tape as a
decision on the appointments will not be made this evening.
(Councilman Penna and Mayor Pro Tem Matsumoto arrived at 5:45
p.m.)
· Mr. Emmanuel L. Garcia (5:57 p.m.)
· Mr. Ray Green (6:12 p.m.)
· Mr. Emanuele (Midge) Damonte (6:21 p.m.)
· Mr. Christopher A. Campbell (6:31 p.m.)
Discussion and Appointment to Conference Center Authority
With a consensus from Council, Mayor Datzman requested Mr. da Cunha's interview be
scheduled for a December meeting and appointments will be made thereafter.
6. Adjournment
Motion-Mullin/Second-Fernekes: To adjourn the meeting at 6:43 p.m. Unanimously
approved by voice vote.
Respectfully Submitted:
Approved:
Sylvia M. t Clerk
City of South San Francisco
es L. Datzm{fn,~Ma~6~
of South Sah-Francisco
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.
SPECIAL CITY COUNCIL MEETING NOVEMBER 17, 1999
MINUTES PAGE 2
MINUTES
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
SPECIAL MEETING
NOVEMBER 17, 1999
MUNICIPAL SERVICES BUILDING
COMMUNITY ROOM
33 ARROYO DRIVE
CALL TO ORDER:
7:37 p.m.
(Cassette Tape No. 1)
ROLL CALL:
Present:
Councilmembers Femekes, Mullin and Penna,
Mayor Pro Tem Matsumoto and Mayor Datzman
Absent:
None
PLEDGE OF ALLEGIANCE:
Led by Mayor Datzman
PRESENTATIONS
Overview of Y2K Preparedness - Presented by Public Education Specialist Susan Kennedy
Public Education Specialist Kennedy updated Council on the progress that City staff has made in
preparation for New Year's Eve. She described what additional measures the City is considering
to implement, which key employees will be standing by in case of an emergency and activation
of the EOC, if necessary. A tentative meeting of emergency personnel is scheduled for December
28, if weather conditions determine it necessary. She also reviewed what information and public
outreach is being conducted.
AGENDA REVIEW
No changes.
ORAL COMMUNICATIONS
Ms. Wai Ling Eng, owner of the three South San Francisco McDonald Restaurants, invited
Council to attend breakfast at McDonalds' 587 E1 Camino Real restaurant on Thanksgiving
morning. This is the third annual breakfast that is provided to less-fortunate families through
local non-profit agencies.
Mr. Alan Beers, 226 E1 Campo Drive, suggested that the blue speaker cards include the word
"home" address or omit the section entirely. He felt that more people would come to the
meetings to speak if they did not have to give their address, and that many speakers give a local
address, but live elsewhere.
Mr. Herb Kalotkin, 222 Mosswood Drive, speaking on behalf of the Schumacher School of
Dance, informed Council that the Municipal Services Building banquet room has been reserved
for a fundraiser in December. The school is trying to raise $30,000 to send thirty girls to Prague
in April, 2000 for a world competition. He asked that the rental fee for the social hall be waived.
He introduced three dance school students who will be making the trip: Cathleen Kalotkin,
Rebecca Giusti, and Jessica Kalotkin. They asked that Council consider their request and
whatever financial help they receive is appreciated.
Ms. Jackie Williams, 242 Longford Avenue, questioned a School Board agenda item regarding
the school zone policy and asked why this is being discussed when a Council/School Board
liaison meeting is pending. She also requested that minutes be taken at the subcommittee
meetings and asked that the City Attorney respond to her concerns. Mayor Datzman stated that
her comments have been noted by the City Attorney. City Manager Wilson suggested Ms.
Williams direct her questions to the School Board.
COMMUNITY FORUM
Mayor Pro Tem Matsumoto stated that Mayor Datzman, Councilman Penna and she attended the
dedication ceremony of a kinetic sculpture piece created by artist Jerome Kirk, located at the
Coulter Pharmaceutical campus. She stated that this is the first corporate business to participate
in the public art program.
Mayor Datzman announced that the Marie Peterson Room was dedicated on November 12. He
recognized Mr. Dag Alholm for suggesting the tribute to the late Mrs. Peterson.
COUNCIL SUBCOMMITTEE REPORTS
Councilman Mullin updated Council on the recent County Homeless Task Force meeting and
that one potential site for use during Winter 2000 is located on San Mateo Avenue. He also
reported that the Airport/Community Roundtable subcommittee met on Monday, November 15,
and it was disclosed that more than 2000 flights go through the gap unnecessarily each year. He
reviewed discussions that have been taking place with Washington DC for continued funding for
the aircraft noise insulation program, that he met with Airport Director John Martin and Deputy
Director John Costas to discuss the results of a survey conducted in South San Francisco and a
plan to further alleviate aircraft noise over North San Mateo County.
CONSENT CALENDAR
1. Resolution No. 147-99, Allocating $150,000 of Community Development Block Grant Funds
for the Rehabilitation of 339-341 Commercial Avenue
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Resolution No. 148-99, Approving the FY 2000-2001 Transportation Development Act,
Article 3 Funding, Approval of Projects and Authorizing Submittal of Claims to C/CAG
Bikeways and Pedestrian Advisory Committee
Motion-Fernekes/Second-Mullin: To approve the Consent Calendar as presented.
Unanimously approved by voice vote.
SPECIAL CITY COUNCIL MEETING NOVEMBER 17, 1999
MINUTES PAGE 2
PUBLIC HEARINGS
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Costco Wholesale - Appeal of Planning Commission Decision to Not Adopt a
Resolution, Including a Statement of Overriding Considerations, Certifying an
Environmental Impact Report (EIR-98-084)
Costco Wholesale - Appeal of Planning Commission Decision to Deny a Use Permit
(UP-98-084) and Type C Sign Permit (SC-98-084) for a Proposed 147,000_+ Square Foot
Costco Wholesale Facility with Associated 16-Pump Gasoline Station on a Vacant 15+
Acre Site at 1556 E1 Camino Real (Former Site of Macy's Distribution Center)
(Item Nos. 3 and 4 Staff Reports were presented as one item.)
Councilman Femekes stepped down from his seat stating a conflict of interest as a
consultant for Olympian, a supplier of gasoline to Costco Wholesale.
Staff report and visual presentation was made by Chief Planner Sparks with the
recommendation that Council approve EIR 98-084, including a statement of overriding
considerations, and a mitigation monitor reporting program; and to approve UP-98-084
and SC-98-084, based on the findings and subject to the conditions of approval.
Consultant Jerry Haag, EIR consultant and principal author of the EIR, stated that the
environmental issues can be reduced to a level of acceptance with the exception of traffic
and air quality. He stated questions and concerns from the last Planning Commission's
meeting have been responded to and are included in the staff report. He found the EIR to
be adequate and recommended Council's approval.
Mr. Keith Myer, Rajappan & Meyer, consultant traffic engineer, stated he has made an
extensive engineering study, the analysis included two analysis periods for the year 2000
and 2010 and included 23 intersections. He reviewed what new vehicle trips would be
added during various times of the day and summarized the level of service at several
intersections. He reviewed intersections with "F" ratings and pre-existing conditions, and
areas that have fair share impacts.
Mr. Don Volante, air pollution meteorologist, addressed the nature of the regional air
quality impact, the analysis discussed in the EIR and how it was calculated. He stated
that the amount of emissions is not related to location, but that any project this size will
have a similar impact.
Mr. Jack Frank, Director of Real Estate for Costco Retail, made a visual presentation and
stated he has been working with staff on this project for two years. He stated that the
current San Bruno store does not allow for expansion. He reviewed the proposed design
of the building, landscaping, the proximity of the gas station from the street, and on-site
traffic flow. He also showed several slides of other Costco's in California and how they
are designed to fit in with the community.
(Recess: 8:50 - 9:03)
SPECIAL CITY COUNCIL MEETING
MINUTES
NOVEMBER 17, 1999
PAGE 3
Speakers:
l)
Mr. Stanley J. Scovill, 838 Newman Drive, speaking in support of the project,
addressed the traffic issue and how traffic branches out along E1 Camino. He stated
his concerns including his objection to the petitions that were being circulated, that
high density housing will not bring revenue to the City, and that a Clay Avenue
crossing can alleviate the traffic problems for Longford Drive.
2) Mr. Wilbur Newall, 13 Duval Drive, submitted a letter to Council objecting to the
proposed Costco project.
3)
Ms. JoAnn D'Angelo, 60 Calvert Avenue, speaking against the project, asked how
this project began without the community's knowledge and stated her objection to
having to appear before Council again. She felt the residents are not being listened
to especially after one thousand signatures were submitted to Council opposing the
project. She felt there were numerous issues that Costco failed to address in their
presentation, including the possibility of expanding the South Airport store, and the
three gas truck deliveries a day. Ms. D'Angelo resented Council for not listening to
their constituents, she disputed the traffic study, and felt that E1 Camino will become
a box store row. She urged Council to vote against Costco.
4)
Mrs. Sophie Mason, 10 Arlington Drive, speaking against the project, addressed the
traffic problems that will impact E1 Camino and the additional traffic the new
housing development will bring. She stated her objection to the new service station,
and speakers who work for Costco, but live elsewhere. Mrs. Mason cautioned
Council that the South Airport Boulevard store will close within two years if the E1
Camino store is built. She also presented a newspaper article from the Chronicle
about Costco having problems with relocating its Martinez store to Concord.
5)
Ms. Irene Delaporte, 2553 Adams Court, speaking against the project, was appalled
that an employee at the San Bruno store was confident the proposed Costco store
would be approved because he knew the Mayor of South San Francisco.
6)
Mr. Joe D'Angelo, 310 Evergreen Drive, speaking against the project, stated his
support for the Planning Commission's vision for a neighborhood friendly/retail
center that would showcase the area. He also stated his objection to Costco
appealing the Planning Commission's decision to the City Council.
7)
Ms. Karen West, 1300 E1 Camino Real, #16, Millbrae, speaking in support of the
project, stated she works for Costco, and the petition circulators were misinforming
people about what they were signing. She felt competition would be good for
gasoline prices and that Costco will be good for South San Francisco.
8)
Mr. Saro Shahijanian, 123 Linden Avenue, speaking against the project, stated that
Costco comes into a community and closes down businesses. He urged Council to
deny the project, to protect quality of life and air quality, and to protect smaller
SPECIAL CITY COUNCIL MEETING NOVEMBER 17, 1999
MINUTES PAGE 4
businesses. He doubted that the City will gain additional revenue when businesses
will have to close down. He stated that a Texaco gas station in Santa Rosa lost half
its business when Costco opened up its gas station.
9)
Mr. Alan Beers, 226 E1 Campo Drive, speaking in support of the project, stated that
Costco approval will assure services will continue to be provided in the community.
He stated there is misinformation circulating about the petition drive and who
instigated it. Competition will be good for the colmnunity and businesses won't be
eliminated.
10)
Ms. Doris Gelini, 700 Newman Drive, speaking in support of the project, objected to
the petition drive and that the circulators were misinforming people. She felt the
revenue will help run the City.
11)
Mr. Fred Etzel, 4 Embarcadero Center, #510, San Francisco, speaking against the
project, felt Costco showed contempt for the Planning Commission when it made its
perfunctory presentation. The project is not the best product for the City, it is not a
collaborative, and the project was rushed. He suggested that Council not act on the
application due to the referendum petitions being submitted to the City Clerk.
(Cassette Tape No. 2)
12) Mr. Rick Myers, 1700 E1 Camino Real, speaking in support of the project, stated that
the issue is turning into working class people versus people with money. He stated
that the Xtra Oil people do not contribute to the community and are against
competition.
13) Mr. Don Mason, 10 Arlington Drive, speaking against the project, stated his support
for the Planning Commission's decision. He felt that the Costco representatives were
arrogant towards the Planning Commission, and that he would walk his
neighborhood to obtain signatures, if necessary. He urged Council to listen to the
residents that live near the proposed Costco site and uphold the denial.
14) Mr. Bill Johnson, 219 E1 Campo Drive, speaking against the project, asked Council if
they received his eight page letter and Councilman Mullin replied yes. He stated the
stormwater impacts and air quality measures have not been addressed sufficiently in
the EIR. He reviewed each of the benefits of the project and felt they were a sham.
He questioned the project's economic impacts and doubted that South San Francisco
will continue to have two Costcos.
15)
Ms. Karen Hobin, 43 Bradford Drive, speaking against the project, emphasized that
she is a mother, resident and citizen of this community and opposed the project and
its benefits. She reviewed each of the impacts it will have on the community, e.g.,
air quality, traffic congestion, gas truck deliveries, etc. She felt the City should
diversity its investments and not just count on Costco for revenue. She urged
Council to deny the project.
SPECIAL CITY COUNCIL MEETING NOVEMBER 17, 1999
MINUTES PAGE 5
16)
Mr. Charles Peeler, 226 Alta Loma Drive, speaking against the project, agreed with
previous speakers and did not believe there were any benefits to having a Costco. He
stated that the South Airport Boulevard store and Winston Manor Shopping Center
will close within a year or two. He felt the City will lose revenue from the
businesses that will have to close down and therefore will not equate any gain in
revenue from the new Costco store. He further addressed the pollution that will be
caused by the new store and that will end up in the Bay. He felt that since the store
restricts its membership, it will only be a benefit to a few people. He suggested the
South Airport Boulevard store be expanded instead.
17) Mr. Mark Beers, 226 E1 Campo Drive, speaking in support of the project, felt that
special interest groups have stirred up the community and does not know anyone
who is a member of the South San Franciscans for Responsible Growth. He stated
that the Simas family added 50 cents to the $2.00 for each signature collected and
that the circulators were misinforming the public. He felt the project is well designed
and supported the benefits of the it, especially bringing cheaper gas and competition.
18) Ms. Jackie Williams, 242 Longford Drive, speaking against the project, stated that
Longford Drive will be impacted by the traffic and did not support the consultant's
analysis.
19) Mr. David Franklin, Berg and Parker, 4 Embarcadero Center, #1400, San Francisco,
representing Costco, addressed Mr. Etzel's remarks regarding the Council holding
this hearing, and referred to Elections Code Section 9237, which does not prevent
Council from taking action tonight. An election to decide the use of the property will
not include details of the Costco project.
20)
Mrs. Helen Headlee, 115 Duval Drive, speaking against the project, stated she has a
vested interest in the City and is concerned about the quality of life she currently
sustains from auto pollution along Hickey Boulevard. Since the Colma BART
station opened, traffic has already increased in her area.
21)
Mr. Tony Khorozian, 116 Aptos Way, speaking in support of the project, stated that
he was approached by a petition circulator who stated it was in support of a Costco
store. Costco has not hurt competition at the San Bruno Towne Center and that gas
competition will be good for this community. The Simas family has failed to
acknowledge that their business pollutes the air and he questioned where they are
tonight. Costco will save people money.
22) Jacqueline Jacobberger, 2231 Delvin Way, stated that people who were misinformed
and want to remove their name from the petition can mail a statement to the City
Clerk asking that their name be removed.
Public hearing closed.
(Recess: 10:13 p.m.- 10:25 p.m.)
Mayor Datzman opened discussion for Council questions.
SPECIAL CITY COUNCIL MEETING NOVEMBER 17, 1999
MINUTES PAGE 6
Councilman Mullin asked for clarification on the comments made by attorneys Mr. Etzel
and Mr. Franklin regarding Council taking action on the Costco project. City Attorney
Mattas responded that San Mateo County has started the signature validation process and
once the signatures are verified Council has three options: 1) if the requisite number of
signatures is not obtained then there is no further action by City Council; 2) if there are
the requisite number of signatures then Council can repeal the section of the general
plan, or 3) elect to put the matter on the March primary election. He further explained
Council's options and stated that the situation before Council has not been decided by a
court; both attorneys referred to Election Code Section 9237, and the case cited (Midway
Orchards case) is not the same circumstance as this issue. He explained that more than
30 days have lapsed since Council took action on the General Plan and the petitions have
not yet been verified. He believes Council can take action since the court has not acted
on this type of matter previously. He further advised Council to reflect the possibility of
the referendum, incorporate that in their decision, and make any approval conditional
upon resolution of the referendum issue. He further explained the process and options
that Council may need to consider once the petitions have been validated or invalidated.
There are issues that need to be decided and a pre-election challenge may be filed. He
advised that Council consider approving the application tonight but suspend the
effectiveness of that approval until the referendum issue is resolved.
Councilman Mullin asked if there was anything unusual about the Costco application
process. City Manager Wilson stated that two years ago Lincoln Properties bought the
property from Federated Stores to build high density housing at the site, which Council
reviewed at a public meeting. Shortly thereafter, Lincoln Properties sold to Costco. He
agreed that the process has been long, but it is not unusual for a large project.
Councilman Penna asked staff for an explanation regarding Mr. Johnson's comment that
mechanisms to prevent pollutants entering the Bay are not being adequately addressed in
the EIR. City Engineer Kianpour stated the City has a water pollution elimination
system plan that protects pollutants from entering stormdrains during and after
construction, and the plan exceeds what County recommends. Councilman Penna asked
if the City's water supply can be affected by fuel tanks (MTBE) and City Engineer
Kianpour stated that fuel tanks are designed for seismic activity and the Department of
Health Services also certify and inspect them. Councilman Penna noted that the 25 acre
land area was previously zoned residential, and asked at what density. City Planner
Sparks stated it was multiple family, 50 units per acre, that could be built out at 1000-
1250 units. Councilman Penna asked what the parking requirement would be and Senior
Planner Kalkin stated that a transit oriented parking standard has not yet been
established, but a reduced standard would be necessary. The normal ratio would be 2 th
parking spaces per unit and City Planner Sparks stated it would be 2500-3000 parking
spaces. Councilman Penna stated that this is a no-win situation, and he must consider
what is best for the community. He discussed some of the issues that he must consider,
including employment, the petition referendum, traffic, pollutants, and other
development if Costco isn't built. He felt a residential development would be worse than
Costco.
Mayor Pro Tem Matsumoto asked staff to respond to the comment that the South Airport
store will close if the E1 Camino Costco is built. City Manager Wilson stated that there
SPECIAL CITY COUNCIL MEETING NOVEMBER 17, 1999
MINUTES PAGE 7
is a twenty year lease with Costco, two-seven year extensions and a minimum rent
payment of $400,000. If they vacate the building it reverts back to the City. Costco
must continue to pay the $400,000 a year as a penalty. Costco has no intention of
vacating their South Airport Boulevard store. Mayor Pro Tem Matsumoto asked if a
retail center can be supported economically in that area of E1 Camino and Economic and
Community Development Director Van Duyn addressed revenue generation and stated
that Costco will bring $600,000-$700,000 in sale tax benefits to the City in its first year
of operation, there will be a $1.1 million benefit by year ten, and $1.3 million benefit by
year fifteen. It is hard to compare this to any other type of commercial business. Home
Depot generates $300,000-$400,000 a year. Mayor Pro Tem Matsumoto asked what
type of revenue would come from a housing development and Director Van Duyn stated
it would just be property tax.
Regarding Home Depot, Councilman Penna asked if staff knew what the traffic count
was, and Director Van Duyn deferred the question to a traffic engineer. Director Van
Duyn stated that the construction materials Home Depot handles are a lot bulkier than
what Costco will handle and that makes it difficult to maneuver around a parking lot.
Mayor Pro Tem Matsumoto discussed with Director Van Duyn a comparison of air
quality and traffic impacts between a residential development and a commercial
development, which Director Van Duyn stated was not analyzed.
Mayor Datzman stated that Council has been receiving environmental documents since
April which prolonged the application process. He asked the status of the pathway
between E1 Camino Real and Mission Road and staff stated the pathway will be
maintained. Mayor Datzman reviewed several of his concerns, including a service
station near the Costco store wanting to sell alcohol just because Costco will be selling
alcohol. He felt the group called South San Franciscans for Responsible Growth should
have its address on its flyers. He asked if anyone knew the address. Ms. Karen Hobin,
43 Bradford Drive, stated that her address could be used, as she supports the group and is
willing to be their representative. She felt it was fortunate that someone with money was
able to finance it. Ms. Hobin was not able to give the address of the organization. Mayor
Datzman stated the cartoon being circulated was disturbing and more of the same
material will be circulated during the election which will color people's judgement.
Councilman Mullin questioned whether the Costco site was going to impact Old Mission
Road and staff stated no. He asked if there would be three gas deliveries a day and staff
stated that Costco expects 2.5-3 deliveries per day. Councilman Mullin questioned
whether a WalMart could fit into the adjacent site and staff responded that it would be a
tight squeeze. In response to Councilman Mullin's question about alleviating traffic
through West Winston Manor by opening up Clay Avenue, City Engineer Kianpour
stated it has been looked at, but will need the neighborhood's approval. Councilman
Mullin discussed comments made by speakers and the flyer being distributed that
suggested a sales tax rebate, and staff indicated a rebate did not exist. He stated he
visited Santa Rosa and Windsor to look at their Costco and WalMart stores, and found
the sites to be congested, but not the adjacent streets. He also looked at surrounding gas
stations and did not find any lack of competition.
SPECIAL CITY COUNCIL MEETING NOVEMBER 17, 1999
MINUTES PAGE 8
In response to Councilman Penna's question about a tax rebate discussion, City Manager
Wilson stated no document has been drafted and Council approval would be necessary.
Councilman Penna stated his support for the project, that the South Airport Boulevard
site will not close because it caters to a different market, the sales tax will help the City
for years to come, and that E1 Camino Real can handle the traffic from Costco and the
new residential developments.
Mayor Pro Tem Matsumoto asked that larger trees be considered for the site, and
Director Van Duyn stated 10% more trees will be added and a percentage of that will be
larger specimens.
Mayor Datzman responded to the comment made by a speaker that Costco employees
know the Mayor of South San Francisco. Although the comment is accurate he could
not find out who was saying it. He asked if the gas station will be staffed and Mr. Jack
Frank responded that it is a non-attended station, but employees are nearby for traffic
control purposes. He verified with staff that the Hickey Boulevard traffic improvements
will not go into effect until Summer 2000. Mayor Datzman stated his support for the
project and that the traffic issues can be mitigated. He acknowledged the Planning
Commission's work, but the appeal process is permitted. He also stated that he is not yet
convinced that a Costco gas station has put any service stations out of business.
Councilman Mullin asked that the statement "living wage employment" be explained
and Mr. Frank stated it is the employees compensation package. Mr. Frank commented
that Costco has a very low turnover. Councilman Mullin asked if the Promenade
development is disclosing the Costco project and Senior Planner Kalkin stated BART is
being disclosed and flyers about the proposed Costco is also available in the sales office.
In response to Councilman Mullin's question regarding MTBE, City Engineer Kianpour
explained that MTBE has the potential of leaking from underground gasoline tanks into
ground water, and it has contaminated water supplies from recreational motor boats.
Clean-up efforts are not well defined and difficult to implement.
Councilman Mullin pointed out an error on page 8 of Exhibit A, section entitled
"Alternative 3: Retail Commercial Development, paragraph 1, which should read
"...Compared to the proposed project, the Multi Family Residential Retail Commercial
Development Alternative would result in the following types of impacts..."
Councilman Mullin stated he supports transit oriented development and that it makes
sense in a closer proximity to the BART station. He stated his support for the Costco
project, its location and site layout, and that it is aesthetically pleasing in comparison to
other big box stores. He acknowledged the Planning Commission effort and the Design
Review Board's work.
Mayor Pro Tem Matsumoto stated that she shares the concerns that speakers have
discussed, and that she is not completely satisfied with the project. She found Costco
representatives to be arrogant in their approach, but the South San Franciscans for
Responsible Growth lack integrity. She stated her support for the project and that her
decision is based on the benefits of the project that outweigh the unavoidable impacts.
SPECIAL CITY COUNCIL MEETING NOVEMBER 17, 1999
MINUTES PAGE 9
Mayor Datzman reflected on several other developments in the City that concerned
neighborhoods, but the problems did not surface. He felt the issue that started the Costco
controversy was the gas station. He stated that Council had to make difficult decisions
several years ago when employees were laid off and cutbacks were made. He stated his
support for Costco, the money it will bring to the City and that the project is well thought
out.
Councilman Mullin stated he is prepared to introduce a conditional approval and City
Attorney Mattas confirmed that he has prepared the necessary language.
Motion-Mullin/Second-Penna: To approve Resolution No. 149-99, certifying
Environmental Impact Report EIR-98-084, including the change in wording to
"Alternative 3: Retail Commercial Development", Page 8 of staff report. On the
question: Councilman Penna asked if the two public hearing items had been opened and
City Attorney Mattas stated they were both opened and closed. Motion continued:
Approved by the following roll call vote: AYES: Councilmen Mullin and Penna, Mayor
Pro Tem Matsumoto and Mayor Datzman. NOES: None. ABSTAIN: Councilman
Fernekes. ABSENT: None.
Motion-Mullin/Second-Penna: Motion to consider and adopt the proposed findings of
approval for UP-98-084 and SC-98-084 as contained in the staff report, and to include
additional finding Al5 as follows:
The effectiveness of this conditional use permit shall be temporarily suspended and no
building permits in reliance thereon shall be issued until any one of the following occurs:
1) The City Clerk certifies that the referendum petition submitted on behalf of South San
Franciscans for Responsible Growth do not include signatures equating at least 10% of
the voters of city of South San Francisco according to the County election officials last
official report of registration of the Secretary of State all as set forth in the Elections
Code Section 9237;
2) A court of competent jurisdiction determines the petitions referenced above are invalid
or that a portion of said referendum petitions are invalid thereby resulting in submission
of less than the required number of petition signatures pursuant to elections Code Section
9237; or
3) The voters of South San Francisco ratify the City Council's approval of the challenged
portions of South San Francisco City Council Resolution No. 136-99, as identified in the
referendum petition submitted on behalf of South San Franciscans for Responsible
Growth.
In the event that the City Council repeals the challenged portions of City Council
Resolution No. 136-99, or the voters approve the referendum thereby resulting in the
repeal of the challenge portion of City Council Resolution No. 136-99, this conditional
use permit shall be automatically repealed.
SPECIAL CITY COUNCIL MEETING NOVEMBER 17, 1999
MINUTES PAGE 10
On the question: Director Van Duyn stated that a modification to Conditions of
Approval A7, is as follows: "Plans shall reflect no less than 30% 24" box tree specimens
and no less than 10% 36" box tree specimens."
Motion Continued: Approved by the following roll call vote: AYES: Councilmen
Mullin and Penna, Mayor Pro Tem Matsumoto and Mayor Datzman. NOES: None.
ABSTAIN: Councilman Femekes. ABSENT: None.
(Recess: 12:10 a.m. - 12:20 a.m.)
Councilman Fernekes returned to his seat.
LEGISLATIVE BUSINESS
Waive Reading and Introduce an Urgency Ordinance of the City Council of the City of
South San Francisco Amending Chapter 6.36 of the SSFMC Regarding Regulation of
Card Rooms
Staff report presented by Police Sergeant Mike Massoni.
Councilman Penna asked how many card rooms are in the city and Sergeant Massoni
stated one.
Motion-Penna/Second-Fernekes: Motion to waive reading and adopt Urgency Ordinance
No. 1252-99, of the City Council of the City of South San Francisco amending Chapter
6.36 of the Municipal Code regarding regulation of card rooms. On the question:
Councilman Mullin asked where the current card room is located and staff indicated that
Welte's is located on Grand Avenue, it has two tables, and is a legal non-conforming use.
Motion continued: Unanimously approved by voice vote.
o
Motion to Waive Reading and Introduce an Ordinance Amending SSFMC Chapter 11.40
Related to Trucks Parking in Violation of the Public Right of Way
Staff report presented by Sergeant Massoni.
Motion-Penna/Second-Fernekes: To waive reading and introduce an ordinance of the
City Council of the City of South San Francisco Amending Chapter 11.40 of the South
San Francisco Municipal Code regarding parking, loading, and unloading. On the
question: Councilman Mullin discussed with staff the purpose of the proposed ordinance
and how truck drivers disregard tickets because freight forwarders pay the fines. Staff
further explained that there is a cueing lane on Utah Avenue that will allow sufficient
room for trucks. Motion continued: Unanimously approved by voice vote.
ITEMS FROM COUNCIl.
Mayor Datzman reminded there is no regular meeting on Wednesday, November 23, and that the
Council installation will take place on December 2 at the Conference Center.
SPECIAL CITY COUNCIL MEETING NOVEMBER 17, 1999
MINUTES PAGE 11
GOOD AND WELFARE
Ms. Jackie Williams, 242 Longford Drive, asked to correct her previous comment made under
Oral Communication's that the School Board does not record its meetings. What she meant to
say was the School Board does not televise its meetings.
CLOSED SESSION
7. Pursuant to Government Code Section 54957.9, Existing Litigation - San Bruno
Mountain Watch vs. City of South San Francisco
Convened into Closed Session: 12:30 a.m.
Reconvened into Open Session: 12:45 a.m., all Councilmembers present
City Attorney Mattas announced direction given/no action taken.
ADJOURNMENT
Motion-Mullin/Second-Matsumoto: To adjourn the meeting at 12:46 a.m. Unanimously
approved by voice vote.
Respectfully Submitted:
City of South San Francisco
Approved:
J an~C it?/o fL~ oDu~Z ~n2~ r a~' src o
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.
SPECIAL CITY COUNCIL MEETING NOVEMBER 17, 1999
MINUTES PAGE 12