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HomeMy WebLinkAboutMinutes 2004-07-14 (2) M1NUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING WEDNESDAY, JULY 14, 2004 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE CALL TO ORDER: ROLL CALL: PLEDGE OF ALLEGIANCE: INVOCATION: 7:39 p.m. Present: Absent: (Cassette Tape No. 1) Councilmembers Femekes, Garbarino and Gonzalez Vice Mayor Green and Mayor Matsumoto None Led by Parks & Recreation Commissioner Prudencia Nelson Pastor John Cantley, Grace Covenant Church PRESENTATIONS Proclamation - Recreation and Parks Month, July 2004 - Councilman Garbarino read and presented proclamation to Parks & Recreation Commission Chair Salvador Rodriquez Mayor Matsumoto announced the 90th birthday celebration for resident Laura Baldesseroni and a certificate of recognition will be presented to her at a later date. Colma Creek Channelization Project Update (San Mateo County Flood Control District) - Director of Public Works Terry White gave a visual presentation and explained that the current phase of construction, between South Spruce Avenue to San Mateo Avenue, is being done by Northwest Construction at a cost of $12 million and is due to be completed in October, 2004. The second phase of the project, from South Linden Avenue to San Mateo Avenue, will commence in 2005. Mayor Matsumoto announced that the meeting will adjourn in memory of Carlo Giusti and to those who have lost their lives in the war against terrorism. AGENDA REVIEW No changes*. * At the conclusion of the City Council Special Meeting, Council agreed to add Agenda Item No. 22, Resolution approving an agreement with Barry Nagel to serve as City Manager. PUBLIC COMMENTS Ms. Prudencia Nelson, resident, suggested a "no left turn on red light" sign be installed at the Hickey Boulevard/E1 Camino Real intersection, citing a pedestrian safety issue. City Manager Wilson recommended the matter be referred to the Traffic Safety Committee. (Site map distributed to Council.) ITEMS FROM COUNCIL Announcements Committee Reports Councilmembers reported on attendance at community events, announced upcoming events and fundraisers, and acknowledged members of the community for their contributions. Councilman Femekes stated the Day in the Park subcommittee (Fernekes/Matsumoto) met and that funds are in place and plans are progressing positively for the September 18th event. Councilman Garbarino stated he attended the San Mateo County Emergency Services Council meeting and that the new communication system that has been in the works for the past two years has funding problems, but should be on-line next year. Councilman Gonzalez provided information on the current status of the state budget and reported that the Water Transit Authority and Water Transit Advocates are scheduling five additional free ferry rides in the near future. CONSENT CALENDAR 1. Motion to approve the minutes of June 23, 2004 2. Motion to confirm expense claims of July 14, 2004 in the amount of $10,709,234.82 o Resolution No. 58-2004, approving an employer pickup pre-tax payroll deduction plan for service credit purchases (Contribution Code 14) Resolution No. 59-2004, approving agreement with the County of San Mateo for communication services o Motion to accept the 2003-04 Street Slurry Seal Project as complete in accordance with plans and specifications o Resolution No. 60-2004, authorizing acceptance of a grant from the Woodland Foundation to support Project Read programming in the amount of $10,000 and a grant from the Atkinson Foundation to support Library Children's Services in the amount of $7,500 Resolution No. 61-2004, awarding a construction contract for the San Mateo Avenue Stormwater Lift Station Project REGULAR CITY COUNCIL MEETING JULY 14, 2004 M1NUTES PAGE 2 o Resolution No. 62-2004, authorizing a consultant services agreement with SAFGI, Inc., for the Wet Weather Program and Oyster Point Grade Separation o Resolution No. 63-2004, awarding an emergency repair contract to Pacific Liners for repairs on E1 Camino Real in the amount of $12,800 10. Resolution No. 64-2004, awarding a purchase contract to Northwest Construction Inc., for sewer line replacement for Colma Creek in the amount of $26,200 from the Sewer Enterprise Fund 11. Resolution No. 65-2004, authorizing the purchase of sculpture "Pair of Tall Cranes" for the intersection of Junipero Serra and Hickey Boulevards in the amount of $4,000 12. Resolution No. 66-2004, supporting the application to the Metropolitan Commission for a Transportation for Livable Communities Capital Grant for construction of a segment of the SSF BART linear park 13. Acknowledgement of proclamations issued: retiree Richard Harmon, July 1, 2004, and Leonard Lee, July 8, 2004 Motion-Fernekes/Second-Garbarino: To approve the Consent Calendar, as presented. Unanimously approved by voice vote. PUBLIC HEARING Consideration of resolution adopting a report of stormwater management services fees for FY 2004-05 and approving stormwater management service charges for FY 2004-05 Public hearing opened. Staff report presented by Environmental Compliance Coordinator Honan. Public hearing closed. Councilmembers questioned the progress of the program and Coordinator Honan explained the proposed monitoring program that will provide more accurate information. Coordinator Honan reported that fees have been at the same rate since 1995, but may increase in two years due to the costs associated with the monitoring program. Motion-Green/Second-Gonzalez: To approve Resolution No. 67-2004, authorizing a report of stormwater management services fees for fiscal year 2004-2005 pursuant to South San Francisco Municipal Code Section 14.04.110 and motion to approve the Finance Director's report. Unanimously approved by voice vote. 14. Consideration of resolution approving a 25% increase for sewer rates effective FY 2004- 05 and increases of up to 9% annually through 2008-09, amending the Master Fee Schedule to include the rates, and adopting a Report of Annual Sewer Rentals or Charges for 2004-05 REGULAR CITY COUNCIL MEETING JULY 14, 2004 MINUTES PAGE 3 15. Public hearing opened. Staff report and visual presentation given by Assistant Finance Director David Woo. Mr. Stanley Radtke, resident, speaking against the proposal, stated that the capacity constraint on the treatment plant should be taken from the plant's operating budget. He urged that the matter be put to a vote. Mr. Stephen Giuliani, resident, speaking against the proposal, stated that the increase was excessive, that the public was not given enough information, and questioned the process being utilized to increase the rate. City Attorney Mattas provided information on the Proposition 218 process, approved by the voters in 1996, and explained that the law provides greater public notification to property owners of rate increases and a process for protesting. Public hearing closed. Council discussed with staffthe treatment plant's enterprise fund, the cease and desist order from the State Water Quality Control Board, and noted that all cities are facing this issue. Consultant and former Public Works Director John Gibbs responded to questions regarding the health and safety issues at the treatment plant, fines that are imposed for overflows, and stated that the City is addressing the problems early, whereas other communities are not. Mayor Matsumoto read a letter from the Environmental Advocates agency that wrote in favor of the rate increase. City Clerk Payne reported 54 protests were received. City Attorney Mattas stated the 54 protests are less than majority. Motion-Femekes/Second-Gonzalez: To approve Resolution No 67-2004, approving a 25% increase for sewer rates effective fiscal year 2004-2005, and increases of up to 9% annually through 2008-09, amending the master fee schedule to include the rates, and adopting a report of annual sewer rentals or charges for 2004-2005 pursuant to Chapter 14.12 of the South San Francisco Municipal Code. Unanimously approved by voice vote. (Recess: 8:54 p.m. - 9:07 p.m.) Consideration of appeal of Planning Commission decision to approve a Planned Unit Development at 440 Commercial Avenue and Tentative Parcel Map and an Affordable Housing Agreement; Owner: City of South San Francisco Redevelopment Agency; Applicant: Peninsula Habitat for Humanity; P04-0034, PCA04-0001, PUD04-0001, PM04-0001 & AHA04-0001 Staff report presented by Chief Planner Sparks. Mr. George Knight, Peninsula Habitat for Humanity (PHfH), presented an overview of the program to help needy families, projects that were built in other local communities, REGULAR CITY COUNCIL MEETING MINUTES JULY 14, 2004 PAGE 4 and the design of the current project. He stated that the conditions of approval address neighborhood concerns and that the design fits well with the neighborhood as it is today. He urged Council to deny the appeal. Mr. Frank Greco, appellant, submitted information to Council summarizing the neighborhood concerns. The neighborhood would like to see a compromise regarding the size of the project. He asked that it be reduced from four units to three and some assurances regarding the parking, day/hours for construction, and incorporating tandem carports rather than garages. Mr. Greco asked that a meeting be held with PHfH so that the compromises can be discussed. Ms. Jessica Stanfill, representing the office of Assemblyman Gene Mullin, read a prepared statement from the Assemblyman endorsing the project and urging Council to approve the project. Mr. John Lemke stated support for the project and discussed the PHfH projects he has worked since he retired. Ms. Karen Stanfill, resident, speaking in favor of the project, addressed today's housing issues and stated that this project will provide much needed affordable housing for teachers so that they can live and work locally. Ms. Mary Boughton, executive director for PHfH, discussed the application process for buying a PHfH home and that a "housing interest list" of 170 people has already started for this project. She stated that there is an amazing need for housing in South San Francisco. Ms. Dorothy Robbins, representing the North San Mateo County League of Women Voters, stated that the League endorses affordable housing and supports the City's efforts. Mr. Rick Gomez, resident, speaking with concern, informed Council that the parking shortage in the area is more evident at night. He urged Council to listen to the residents. (Photographs illustrating parking problems at night were submitted to Council.) Ms. Caitlyn Waller, representing Bay Bio-Science, speaking in favor of the project, stated that the project will address a work-force housing shortage and thanked the City for its commitment for improving the affordable housing crisis. Ms. Teresa Carey, resident, speaking against the project, discussed her personal hardships and urged Council to listen to the neighborhood rather than outside voices. She stated that the issue at hand is the number of dwellings being proposed and the impact it will have on her neighborhood. Public hearing closed. Councilmembers discussed with staff the local regulations governing construction that is regulated by the noise ordinance. REGULAR CITY COUNCIL MEETING MINUTES JULY 14, 2004 PAGE 5 Mr. Greco reiterated the neighborhood's request to have the number of units be reduced and to provide an opportunity for the neighborhood to sit down and talk with PHfH representatives about the proposed compromises. Council further discussed with staff the construction management plan, funding for the project, parking regulations, the CC&R's, the ramifications of reducing the numbers of units, property entitlements, and the use of temporary greenspots in the City. (Cassette Tape No. 2) In response to Council's question regarding the feasibility of reducing the number of units to three, Mr. Knight stated that PHfl-I was not in the position to negotiate the funding process. Assistant City Manager Van Duyn explained that the funding difference would have to be made up by the Redevelopment Agency, but other funding sources that are committed to the project would also need to be confirmed by PHfH. He estimated the gap funding would be an additional $200,000. Mayor Matsumoto requested Council be provided with a list of greenspots, their current status and to have the information posted on the City's website. Councilmembers agreed that they were not ready to take action on the application until the funding information is presented. Mayor Matsumoto informed the applicant and appellant that the public hearing is closed, but if they have information to provide to Council it can be sent through the City Manager's office. Motion-Femekes/Second-Garbarino: To continue consideration of appeal of Planning Commission decision to approve a planned unit development at 440 Commercial Avenue to August 11, 2004. Unanimously approved by voice vote. (Recess: 10:52 p.m.- 11:07 p.m.) 16. Consideration of resolution approving 16-unit planned unit development at Hillside Boulevard and Stonegate Drive, including Mitigated Negative Declaration, Tentative Subdivision Map, Design Review, and Affordable Housing Agreement; Owner: Hillside Land LLC; Applicant: Paul E. Davis; PUD01-012, SA01-012, DR01-012, AHA & ND01-012 Public hearing opened. Staff report presented by Chief Planner Sparks. Mr. Dave Garland, representing Hillside Land LLC, spoke briefly about the project description and introduced project architect, Mr. Paul Davis. Mr. Davis provided a visual presentation of the project, the elevations, site and floors plans. He stated that the term "flex space" referred to open undesignated areas. Public hearing closed. REGULAR CITY COUNCIL MEETING JULY 14, 2004 M1NUTES PAGE 6 Mayor Matsumoto disclosed that she had met with the applicant, Mr. Hansen, to discuss the project. She stated concern with the one-way lane going through the project and Mr. Davis stated that there was sufficient room to modify it to a two-way lane. Mayor Matsumoto commented that the full baths in B and C units would make the lower floor attractive to second units and that she'd rather see half-baths. Councilman Gonzalez stated his concerns included possible storm drainage issues at a future time and maintenance of landscaped areas. Mr. Davis stated the developer will be responsible for storm drainage problems and the landscaping will be maintained by the homeowners' association dues, and regulated by the CC&Rs. Motion-Gonzalez/Second-Femekes: To approve Resolution No. 69-2004, approving a mitigated negative declaration, planned unit development, tentative subdivision map and affordable housing agreement for the property located at the intersection of Hillside Avenue and Stonegate Drive as submitted by Hillside Land LLC for Stonegate Estates, including design review, and to include a condition of approval that the bathrooms in B and C units be half-baths as opposed to a full bath. Unanimously approved by voice vote. ADMINISTRATIVE BUSINESS 17. Resolution approving the South San Francisco Conference Center FY 2004-05 operating budget Staff report presented by Conference Center Director O'Toole. No discussion. Motion-Gonzalez/Second-Femekes: Resolution No. 70-2004, approving the Conference Center Fiscal Year 2004-2005 budget. Unanimously approved by voice vote. 18. Resolution of necessity and authorizing the filing of eminent domain proceedings for the acquisition of certain land for the Wet Weather Program Phase I (Assessor Parcel Numbers: 015-112-480; 015-112-580; 015-112-660 & 015-112-670) Staff report presented by City Attorney Mattas. Mr. John Porter, speaking with concern, stated that negotiations are proceeding, but the notice was not served until July 7, and requested a 30-day postponement. Mayor Matsumoto discussed with City Attorney Mattas and former Public Works Director John Gibbs the impact of a delay if the resolution was not approved. They stated their recommendation to proceed with approval of the resolution and City Attorney Mattas stated that the notice was properly served. Mr. Jeff Porter reiterated his father's request and stated his frustration with the process. He stated that he wanted to negotiate on equal footing without the threat of eminent domain. REGULAR CITY COUNCIL MEET1NG JULY 14, 2004 M1NUTES PAGE 7 Mr. Gibbs reported to Council that it was his understanding that the documents were in place for the Porters to sign if the pump station was approved (Agenda Item No. 7). Mr. Porter responded that he would now like a guarantee that the pump station will be built. Mr. Gibbs reiterated his recommendation that the resolution be approved. Motion-Fernekes/Second-Garbarino: To approve Resolution No. 71-2004, determining that the public interest and necessity require the acquisition of certain land and directing the filing of eminent domain proceedings. Unanimously approved by voice vote. (Recess: 12:01 a.m.- 12:29 a.m.) When Council reconvened, City Attorney Mattas requested that the City Council consider adding an item to the Regular meeting to consider approval of an agreement with Barry Nagel to serve as City Manager. He explained that the need for the item to be considered arose after the agenda was published and that the City Manager Subcommittee had completed preparing its recommendation on Tuesday of this week. He further stated that to facilitate the appropriate transition the matter necessitated immediate action. Motion-Gonzalez/Second-Garbarino: To add the resolution approving an employment agreement with Barry Nagel to the agenda. Unanimously approved by voice vote. 19. A resolution approving an employment agreement with Barry Nagel for the position of City Manager and Executive Director of the Redevelopment Agency of the City of South San Francisco City Attorney Matted presented the staff report. No discussion. Motion-Fernekes/Second-Green: To approve Resolution No. 72-2004, approving an employment agreement with Barry Nagel for the position of City Manager and Executive Director of the Redevelopment Agency of the City of South San Francisco. Unanimously approved by voice vote. COUNCIL COMMUNITY FORUM ADJOURNMENT Being no further business, Mayor Matsumoto adjourned the meeting at 12:30 in memory of Carlo Giusti and to those who have sacrificed their lives in the war against terrorism. Submitted by: City of South San Francisco atsumoto, Mayor City of South San Francisco REGULAR CITY COUNCIL MEETING JULY 14, 2004 MINUTES PAGE 8