HomeMy WebLinkAboutMinutes 2019-09-25 @7:00MINUTES
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CITY COUNCIL
H� CITY OF SOUTH SAN FRANCISCO
U O
REGULAR MEETING
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MUNICIPAL SERVICES BUILDING
COUNCIL CHAMBERS
33 ARROYO DRIVE
SOUTH SAN FRANCISCO, CA
WEDNESDAY, SEPTEMBER 25, 2019
7:00 p.m.
CALL TO ORDER 7:06 p.m.
ROLL CALL Present: Councilmembers Addiego, Nagales and Nicolas, Vice
Mayor Garbarino, and Mayor Matsumoto.
PLEDGE OF ALLEGIANCE
Mayor Matsumoto and South San Francisco students led the Pledge of Allegiance.
AGENDA REVIEW
City Manager Futrell recommended moving Administrative Business Items No. 15 and 18 up on the
agenda in deference to the members of the public in attendance. The Council agreed.
PRESENTATIONS
Presentation of a proclamation recognizing Fire Prevention Week in the City of South San
Francisco. (Karyl Matsumoto, Mayor)
Mayor Matsumoto read into the record a proclamation recognizing Fire Prevention Week in the
City of South San Francisco. Fire Marshall Lustenberger received the proclamation on behalf of
Fire Personnel and thanked Council for the recognition.
2. Presentation of Fire Prevention Week Poster Contest Winners. (Karyl Matsumoto, Mayor)
Fire Marshall Lustenberger presented awards to the 2019 Fire Prevention Week Poster Contest
winners as follows:
All Souls School
Cheryl Ouyang — 2nd grade
Austin Yee — 2nd grade
Buri Buri Elementary School
Alina Lawas — 1St grade
Jeremiah Soto — 2nd grade
Hillside Christian Academy
Isaiah Perez — 1St grade
Nathaniel Torreliza — 3rd grade
Martin Elementary School
Zafira Ali — 3rd grade
Lilliana Chanelo — 3rd grade
Monte Verde Elementary School
Aliyah Arabieh — 5th grade
St. Veronica's Elementary School
Aubrey Estrada — 2nd grade
Nicole Pruett — Yd grade
Sunshine Gardens Elementary School
Brian Anthony K Gloria — 4th grade
Raelene Nadonzo — 4th grade
ANNOUNCEMENTS FROM STAFF
City Manager Futrell announced the South San Francisco Police Department as the winner of the
"Battle of the Badges" Red Cross Blood Drive. He thanked staff and the community for their
participation.
Mayor Matsumoto invited the community to attend the Concert in the Park event on Saturday,
September 28, 2019 at Orange Memorial Park. More information can be found on the City's
website at www.ssfnet
COUNCIL COMMENTS/REQUESTS
Councilmember Nicolas thanked staff for their work in organizing the General Plan Community
meetings, Citywide Clean Up Day and the Coastal Cleanup Day event.
Councilmember Nagales attended the Fiestas Patrias and the Disaster Preparedness Day. He
requested that staff address the trash can overflowing on Mission Road in front of the 7 -Eleven.
PUBLIC COMMENTS
None
ADMINISTRATIVE BUSINESS
15. Report regarding the General Plan Update progress (Lisa Costa Sanders, Project Administrator)
Project Administrator Costa Sanders thanked Council and the community for attending the event.
She provided an overview of the General Plan and indicated that the General Plan is the local
government's long-term blueprint for the community's vision of future growth. Each city is
REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2019
MINUTES PAGE 2
required by California law to have a General Plan to guide its future land use decisions. South San
Francisco's last comprehensive General Plan update occurred in 1999.
The City Council initiated South San Francisco's General Plan update process by forming a General
Plan Community Advisory Committee (GP CAC) and selecting Raimi + Associates consultant team
to guide the effort. The update process includes a comprehensive General Plan update, Zoning Code
update, Climate Action Plan update and preparation of an Environmental Impact Report. The
process will include substantial community engagement and meetings with the GP CAC, Planning
Commission, and City Council.
The City Council kicked off the General Plan update process with a joint meeting held with the
Planning Commission on April 29, 2019.
The following is a summary of progress made to -date on the General Plan update:
The Community Advisory Committee has conducted five meetings to review information and
provide feedback and direction to staff and the consultant team.
The consultant team conducted over 20 stakeholder interviews. This included individual and small
group interviews with: Council members; housing advocates and providers; child care and health
care providers; school district representative; commercial brokers; religious leaders; labor union;
life sciences association; Chamber of Commerce; YMCA; mothers club; and San Bruno Mountain
watch.
A pop-up event occurred at the Mayor's State of the City Address and another is scheduled for the
September 28, 2019 Concert in the Park. These are additional opportunities to meet with residents
to inform them of the process and gather input in more convenient and informal settings.
Staff and the consultant team also conducted nine (9) sub -area (neighborhood) meetings to inform
the public of the General Plan update process and gather information on what should be preserved
in the community and their vision for the future of the city in the next 20 years. The meetings were
advertised with a city-wide postcard mailing and multiple social media and email announcements.
The meetings were well attended and community members provided information that will help
shape the vision and guiding principles for the General Plan.
The consultant team has completed existing conditions reports which provides a baseline analysis of
the City including: demographic and socio-economic conditions; transportation; parks and public
services; natural and historical resources; hazards and noise; land use; neighborhood analysis; and
climate change. The existing conditions reports are being reviewed by staff and will be finalized by
the consultant for publication this Fall.
Staff and Raimi + Associates are planning the following next steps to remain on schedule with the
General Plan Update timeline:
The Community Advisory Committee will continue to meet monthly to guide the update process
including hosting community forums on informational topics. The first forum is scheduled for
October 30, 2019 to discuss Emerging Trends in Transportation. This meeting will be announced
for community attendance. The second forum will be held in January and will discuss Housing
Affordability and Gentrification.
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MINUTES PAGE 3
A Community Workshop will be held in early December to report back on information gathering
and feedback received from the community. This meeting will help shape the General Plan vision
and guiding principles.
The City Council will discuss the vision, guiding principles, and issues at a meeting in January. This
will include a discussion on the sub -areas and areas of change and stability.
Councilmember Nagales inquired about the community's concerns. Mr. Yurcavich indicated that
the common concern was related to housing and parking throughout the City.
Councilmember Addiego attended the General Plan Community meeting in the Sunshine Gardens
neighborhood and shared resident concerns. He encouraged community members to participate and
provide input to the future of this city.
Councilmember Nicolas suggested that staff consider places of worship and senior centers as
additional outreach centers.
18. Report regarding an ordinance amending Title 8, Chapter 8.50 and Title 20, Chapter 20.420
and adding Title 6, Chapter 6.47 of the South San Francisco Municipal Code pertaining to
the sale of tobacco, flavored tobacco, and electronic smoking devices. (Christina Fernandez,
Assistant to the City Manager)
Assistant to the City Manager Fernandez presented the report and provided an overview of
ordinance. She indicated that municipal code amendments were done with the purpose of limiting
youth access to flavored tobacco and e -cigarettes.
Title 8, Chapter 8.50 Use of Electronic Smoking Devices - Restricted
Amendments to Chapter 8.50 of the South San Francisco Municipal Code revises the definition of
Electronic Smoking Device to be consistent with Section 20.420.002 which prohibits Significant
Tobacco Retailers. The amendment also specifies the exclusion of medical inhalers prescribed by a
licensed doctor. Another modification deletes the definition of "Retail Tobacco Stores" so as to
avoid confusion with the definition of "significant tobacco retailer" under the Zoning Code. Further,
one other proposed change would clarify that smoking is permitted in hookah bars and smoking
lounges as defined in the City's Zoning Code, and deletes the reference to "Retail Tobacco Stores"
as the latter would not be permitted within the City based on the prohibition against significant
tobacco retailers.
The changes made to Chapter 8.50 are for internal consistency purposes only, and the regulations
under that chapter remain unchanged.
Title 6, Chapter 6.47 - Sales of Flavored Tobacco Products, Pharmacy Sales of Tobacco Products,
and Sales of Electronic Smoking Devices Prohibited.
The addition of Title 6, Chapter 6.47 of the Municipal Code is modeled after Chapter 4.9 of the San
Mateo County Code. This proposed chapter would specifically regulate flavored tobacco product
and e -cigarettes. The proposed chapter defines flavored tobacco and outlines the prohibition of sales
of flavored tobacco products, electronic smoking devices, and tobacco products by a pharmacy.
Chapter 6.47 only pertains to flavored tobacco and e -cigarettes; traditional combustible tobacco
remains under the purview of Chapter 6.46.
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Chapter 6.47 prohibits the sale of flavored tobacco and e -cigarettes by any retailer with the
exception of "adult only retailers". Adult only retailers are defined as "any retailer or business that
allow entry only by adults (aged 21 and older) onto the entire premises of the business or retailer, or
that require minors to be accompanied by a parent, guardian, or another adult in order to enter the
entire premises of the business or the retailer." This definition specifically does not include any
retailer or business that only prohibits minors from entering certain sections, divisions, or a part of
the premises that are marked or otherwise restricted as "adult only". Likewise, Chapter 6.47 would
prohibit the sale of tobacco products by a pharmacy and existing tobacco retailer permits may not
be renewed by a pharmacy that may have previously obtained such permits.
In addition, Chapter 6.47 defines flavored tobacco as containing a "characterizing flavor" which is
distinguishable taste or aroma, or both. These flavors include but are not limited to, fruit, chocolate,
vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb or spice.
Staff notes that as currently drafted, this inclusion of mint, menthol, and wintergreen under Chapter
6.47 is broader than the scope of federal regulations, since federal law prohibits the manufacture of
flavored cigarettes, but excludes menthol cigarettes from the prohibitions.
Chapter 6.47 further exempts pre-existing significant tobacco retailers (lawfully existing prior to the
ban on significant tobacco retailers was enacted by the City) and hookah bars/smoking lounges
from the prohibition of flavored tobacco and e -cigarettes if they qualify as an adult -only retailer.
Hookah bars and smoking lounges are defined by Chapter 20.620 of the Zoning Code that serve
flavored tobacco or other products for on-site smoking.
The proposed Chapter 6.47 further permits County personnel to enforce the requirements of that
chapter, and also reserves authority for the City to enforce any violations thereto.
Zoning Code- Title 20, Chapter 20.420 Significant Tobacco Retailers Prohibited
The definition of "tobacco products" has been amended to include flavored tobacco and electronic
cigarette devices. This revision brings vape shops and flavored tobacco retailers within the
definition of "significant tobacco retailers." Unless exempted under Chapter 6.47, significant
tobacco retailers are not a permitted use and prohibited in all zones citywide. The proposed
revisions to Chapter 20.420 would have the effect of prohibiting vape shops but provides the ability
for the City to exempt the two existing vape shops.
The Planning Commission held a duly noticed public hearing on September 5, 2019, to consider the
proposed revisions to the Zoning Code. Staff presented the revision of Chapter 20.420 of the
Municipal Code to include vape shops in the definition of significant tobacco retailers, with an
exemption for the two existing significant tobacco retailers.
As discussed previously, the proposed ordinance amendments would still permit the City of South
San Francisco to enforce all provisions in the Municipal Code or Zoning Code with any
enforcement remedies available by law and/or the City's Municipal Code. Remedies include civil
enforcement through a restraining order, a preliminary or permanent injunction or by any other
means authorized by law. Additionally, the County of San Mateo's Health System Chief, or his or
her designee, may enforce the provisions outlined in Chapter 6.47.
The County of San Mateo enforces its ordinance by relying on the Health System Chief to enforce
Chapter 4.99 by suspending a tobacco retailer's permit and/or imposing administrative fines
following enumerated procedures and amounts. Administrative fines range from $100 for the first
violation and range up to $500 for a third and subsequent violations. Each day that tobacco products
are offered for sale without a permit constitutes a separate violation.
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PUBLIC COMMENTS
Asia Gopo, owner of the Vaping Buddha, expressed her support of the proposed ordinance and
thanked the Council for supporting local small businesses. She indicated that the Vaping Buddha is
an adult only retailer established in 2013.
Rachel Mesia addressed the Council to express her support of a full ban including adult only
retailers due to health risks and addiction.
Smitha Gundavavhala, Youth Leadership Institute with the County of San Mateo, shared her
experience in working with youth and indicated her concern with tobacco addiction among youth
consumers. She expressed her support of a full ban of tobacco products including adult only
retailers.
Randy Uang, Breathe California, commended Council for moving forward in banning tobacco
products due to the increase of tobacco addiction in youth consumers. He encouraged Council to
keep the ordinance as strong as possible and include mint, menthol and flavored tobacco.
Evelyn Fung, resident and Health Educator, addressed Council to thank them for moving forward
with the regulation of tobacco products to address the epidemic of youth consumption.
Shannon Nguyen addressed the Council and expressed her concern with adult only retailer age
verification process and shared her experience in purchasing the product throughout the City.
Maria Gonzalez addressed the Council to express her concern with flavored tobacco and vaping
products. She attended a meeting at South San Francisco High School where administrators
indicated that students are vaping in classrooms and bathrooms. She supports the proposed
ordinance and thanked Council for their actions.
Teofilo Sison addressed the Council to express his concern with traffic safety at the intersection of
Junipero Serra and Arroyo Drive. He requested staff to evaluate the intersection for a possible
solution. Public Works Director Kim informed Council and the community that the location has
been assessed and is in the process of being reviewed for future modifications.
Craig Wingate, Public Health Educator of San Mateo County's Tobacco Prevention Program,
commended Council for addressing the current issue of youth consumption. He expressed his
support of the proposed ordinance.
Roberto Vargas, resident of South San Francisco, addressed the City Council to thank them for their
efforts and encouraged a ban of all tobacco products including adult only retailers.
Mayor Matsumoto expressed her support of banning all tobacco products including adult only
retailers due to the health consequences.
Councilmember Addiego thanked Councilmember Nagales for his determination to address youth
access. He expressed his concern with banning adult only retailers in South San Francisco and
stated that a full ban on tobacco products would not have a full impact on users due to the
availability of tobacco products in neighboring cities.
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City Attorney Woodruff indicated that the violations described during public comment can be
reported to the Police Department followed by a report to the County of San Mateo. Police Chief
Azzopardi indicated that ABC grant money can be used for tobacco sales age enforcement.
Vice Mayor Garbarino expressed his concern with banning adult only retailers and stated that the
two existing adult only retailers are excluded from the proposed ordinance.
Councilmember Nicolas expressed her concern with youth users and her support of existing adult
only retailers. She indicated that the community should be aware of the health consequences for
consuming tobacco products. She supports the proposed ordinance.
Councilmember Nagales expressed his support of banning e -flavored tobacco and vaping products.
He provided statistics of the current health impacts due to consumer use and inquired about
subdividing units for retail and adult vaping stores. Assistant to the City Manager Fernandez
indicated that the proposed ordinance prohibits subdivision of properties.
City Attorney Woodruff provided an overview of the proposed ordinance pertaining to subdivision
of properties and indicated that the ordinance would go into effect January 1, 2020.
Councilmember Nagales inquired about outreach to consumers announcing the changes beginning
January 1, 2020. Assistant to the City Manager Fernandez indicated that the ordinance does not
mandate retailers to outreach, however, staff will outreach to local businesses.
Motion — Councilmember Addiego/ Second —Councilmember Nicolas: To introduce an ordinance
amending Title 8, Chapter 8.50 and Title 20, Chapter 20.420 and adding Title 6, Chapter 6.47 of the
South San Francisco Municipal Code pertaining to the sale of tobacco, flavored tobacco, and
electronic smoking devices, and waive further reading. Approved by the following roll call vote:
AYES: Councilmember Addiego, Councilmember Nagales, Councilmember Nicolas, and Vice
Mayor Garbarino; NAYS: Mayor Matsumoto; ABSTAIN: None; ABSENT: None.
CONSENT CALENDAR
The City Clerk duly read the Consent Calendar, after which Council voted and engaged in
discussion of specific items as follows: Mayor Matsumoto pulled Item No 4 and No. 11. Vice
Mayor Garbarino pulled item No. 12.
3. Motion to approve the Minutes for the meetings of August 14, 2019, August 27, 2019 and
August 28, 2019.
4. Motion confirming payment registers for September 25, 2019. (Janet Salisbury, Director of
Finance)
5. Report regarding Resolution No. 119-2019 approving a Second Modification to Regulatory
Agreement and Declaration of Restrictive Covenants, and Second Modification of Deed of
Trust and Assignment of Rents for the 1999 Willow Gardens Neighborhood Rehabilitation
Project. (Deanna Talavera, Management Analyst II)
6. Report regarding Resolution No. 120-2019 authorizing the acceptance of $25,000 in grant
funding from the California State Library to support Project Read's family literacy services
REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2019
MINUTES PAGE 7
through the Families for Literacy (FFL) program and, approving Budget Amendment
20.017. (Valerie Sommer, Library Director)
7. Report regarding Resolution No. 121-2019 determining the continued existence of an
emergency and the need to continue emergency repairs for the Hillside (Terrabay) Field
Light Replacement Project. (Sharon Ranals, Assistant City Manager/Parks and Recreation
Director)
8. Report regarding Resolution No. 122-2019 authorizing the acceptance of $35,000 in grant
funding from the Woodlawn Foundation to support Project Read's Learning Wheels family
literacy program and, approving Budget Amendment 20.016. (Valerie Sommer, Library
Director)
9. Report regarding Resolution No. 123-2019 authorizing the acceptance of $10,000 in grant
funding from the Silicon Valley Community Foundation (SVCF) to support the South San
Francisco Public Library's literacy services' Census 2020 project and approving Budget
Amendment 20.018. (Valerie Sommer, Library Director)
10. Report regarding Resolution No. 124-2019 accepting $90,000 from the State of California,
Office of Traffic Safety for the "Selective Traffic Enforcement Program" to be used for
personnel overtime, training and equipment expenses and amend the Police Department's
Operating Budget for Fiscal Year 2019-20 by approving Budget Amendment 20.015. (Jeff
Azzopardi, Police Chief)
11. Report regarding adoption of Ordinance No. 1586-2019 adding Chapter 2.81 to the South
San Francisco Municipal Code establishing a Traffic Safety Commission (Sarah Henricks,
Management Analyst II)
12. Report regarding adoption of Ordinance No. 1587-2019 adding Chapter 8.71 of the South
San Francisco Municipal Code relating to a citywide minimum wage. (Christina Fernandez,
Assistant to the City Manager)
Item #4: Mayor Matsumoto inquired about the City Clerk's transcription services cost and the
printing cost of outreach postcards. City Clerk Acosta indicated that these services were required
due to a temporary work restriction. Communications Director Arroyo expressed the importance of
printing postcards and mailing to residents for community engagement. Councilmember Nagales
suggested a sign in sheet for future meetings to inquire how residents were informed of meetings.
Communications Director Arroyo will add the question to the residential satisfaction survey.
Item #11: Mayor Matsumoto requested clarification on the composition of the Traffic Safety
Commission and Parking Place Commission. Management Analyst Henricks provided clarification
on the proposed committee composition and their respective roles.
Item #12: Vice Mayor Garbarino requested clarification on the proposed ordinance and the possible
impact to Special Needs students. Assistant to the City Manager Fernandez provided clarification of
the proposed ordinance and indicated that the ordinance did not differentiate minors or students
with disabilities.
Motion — Vice Mayor Garbarino /Second — Councilmember Nicolas: To approve Consent Items
3 — 12. Unanimously approved by roll call vote.
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PUBLIC HEARING
13. Report regarding holding a public hearing on the Program Year 2018-19 Consolidated
Annual Performance and Evaluation Report for the Community Development Block Grant
Program and adopting Resolution No. 125-2019 approving the Program Year 2018-1919
Consolidated Annual Performance and Evaluation Report (CAPER) and authorizing its
submittal to the U.S. Department of Housing and Urban Development (Kris Romasanta,
Community Development Coordinator)
Councilmember Nagales recused himself from the meeting at 8:56p. m. due to a conflict of interest.
Community Development Coordinator, Kris Romasanta, provided an overview of the Community
Development Block Grant (CDBG) report. She indicated that the U.S. Department of Housing and
Urban Development (HUD) requires jurisdictions that receive CDBG funds to submit a year-end
CAPER. The CAPER describes how the City of South San Francisco (City) utilized its CDBG
funds to address the City's housing and community development needs. It further compares the
City's accomplishments to the goals the City set in the Fiscal Year (FY) 2018-19 Annual Action
Plan (AAP). The CAPER outlines the activities that were funded, the people that were served, and
provides a comprehensive accounting of all CDBG funds allocated, expended, and/or
reprogrammed during FY 2018-19.
Pursuant to the CDBG regulations, the City must provide a 15 -day public comment period and hold
a public hearing on the CAPER, prior to submitting it to HUD. A public notice relating to the
availability of the draft CAPER was advertised in the San Mateo County Times and posted on the
City's Facebook page and website on September 10, 2019. The report was made available at the
City's Economic & Community Development Department offices, the City's public libraries, and
on the City's website. Any comments received during the comment period or at the public hearing
will be incorporated into the CAPER.
In FY 2018-19, the City spent $523,441 in CDBG funding and $12,000 in HOME administrative
funding received from the San Mateo County HOME Consortium. The City used these CDBG
funds to support a number of programs including public services, home repair programs, and public
improvements. There were five hundred and four (504) individuals served through the City's public
service programs, which provided clothing, foster youth services, rape trauma services, and other
public services. Two hundred and twelve people (212) either experiencing homelessness or at risk
of homelessness were served through housing and homeless services providers. Sixteen (16)
persons received comprehensive fair housing services, including case investigations, consultations,
and referrals through the City's fair housing program. Twenty-seven (27) households were served
through the City's housing rehabilitation programs through organizations like Rebuilding Together
Peninsula, El Concilio of San Mateo County, and Center for Independence of Individuals with
Disabilities. Additionally, CDBG funds went toward the ADA Curb Replacement project,
upgrading 40 curbs in areas of need.
Public hearing opened: 9:04 p.m.
Public hearing closed: 9:05 p.m.
Mayor Matsumoto inquired about CDBG funding for individual basic skill courses to help members
obtain better paying jobs. Community Development Coordinator Romasanta indicated that
depending on the qualifications CDBG can fund these programs.
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Councilmember Nicolas inquired about the due date of the annual report and suggested marketing
City sponsored housing. Community Development Coordinator Romasanta stated that the report is
due 90 days after the action is taken, program year is equal to fiscal year. Staff created brochures to
distribute at upcoming community meetings.
Motion — Councilmember Nicolas/Second — Vice Mayor Garbarino: To adopt Resolution No. 125-
2019 approving the Program Year 2018-1919 Consolidated Annual Performance and Evaluation
Report (CAPER) and authorizing its submittal to the U.S. Department of Housing and Urban
Development. Approved by the following roll call vote: AYES: Councilmember Addiego,
Councilmember Nicolas, Vice Mayor Garbarino and Mayor Matsumoto; NAYS: None; ABSTAIN:
None, ABSENT: Councilmember Nagales.
Councilmember Nagales re joined the meeting at 9:15 p.m.
14. Report recommending adoption of resolution approving a Relocation Agreement and Sign
Permit to allow an existing double-faced, static billboard to be converted to a double-faced,
digital billboard located at 150 Airport Boulevard, and determining that the 2015 IS/MND
continues to serve as the applicable environmental review document pursuant to CEQA, and
introduction and waiver of further reading of an ordinance approving a Development
Agreement for the installation of the billboard. (Billy Gross, Senior Planner)
Public hearing opened: 9:14 p.m.
Public hearing closed: 9:25 p.m.
Economic and Community Development Director Greenwood presented the report and indicated
that in general, existing policies prohibit new billboards to be installed within the City to protect
residential zones and several other areas where there is a concern of establishing visual barriers.
However, through a relocation agreement process, the City has remained open to allowing
billboards in select commercial/industrial areas if certain design and land use concerns are
addressed, and if there is an exchange that removes billboards from unwanted areas, including
residential districts.
In 2015, the City Council approved a General Plan Amendment and Zoning Ordinance Text
Amendment to allow a limited number of digital billboards along U.S. Highway 101 (US 101) to
provide an additional source of revenue for the City, promote economic development and expand
the communication of community services. Under current regulations, a maximum of three digital
billboards could be located on the west and east sides of US 101 south of Sister Cities Blvd and
north of the City's southern boundary (Section 20.360.006(Q)).
As discussed above, digital billboards are subject to relocation agreements under Section
20.360.002 of the Municipal Code. Section 20.360.002 further requires installation of a digital
billboard to meet a "2:1 removal -to -construction ratio." That is, the installation of the digital
billboard will result in a reduction of at least two billboard faces in the City. If a billboard applicant
does not have sufficient existing billboard faces to remove within the City, the billboard applicant
may request the City enter into a development agreement that will set forth the terms and conditions
under which the billboard installation will be permitted to operate.
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The terms and conditions of the development agreement may include, but are not limited to, fee
payments, charges, mutually agreed -to contributions by the applicant, and other terms promoting
public health, safety, and welfare in -lieu of the applicant satisfying the 2:1 removal -to -construction
ratio in order to install the digital billboard. Development agreements are approved by the City
Council and subject to the provisions findings of Chapter 19.60 of the Municipal Code.
Two digital billboard projects have been approved by the City: the first at 101 Terminal Court (by
Clear Channel, constructed in 2016), and the second at 180 S Airport Blvd (by Outfront Media,
constructed in Summer of 2019). The Action Signs Billboard Project that is before the City Council
currently seeks a relocation agreement, sign permit, and a development agreement for the
installation of a digital billboard.
Action Signs, Inc. (Action Signs) has submitted an application to convert their existing static
billboard at 150 Airport into a digital billboard, which would be the third digital billboard currently
allowed by the Zoning Ordinance.
In January 2017, the City approved a new seven -story residential project with a total of 157 multi-
family residential units at 150, 178 and 190 Airport Blvd. One of the key provisions of the Purchase
and Sale Agreement with 150 Airport SSF LLC was the relocation of Action Signs existing
billboard. In June 2017, the City approved a relocation agreement with Action Signs allowing them
to relocate the sign on the site, and to increase the overall height of the sign to 114 feet above grade,
to allow for the construction of the approved residential development and the continued visibility of
the static billboard sign to traffic on U.S. Highway 101. (See Attachment 1 to this staff report for
the full June 14, 2017 City Council staff report related to these previous entitlements, with
elevations showing the sign in context with the residential project.)
The Action Signs project would consist of a new, double-faced V-shaped outdoor advertising sign
with digital message center displays of 14 feet in height and 48 feet in width; the sign would be the
same size as the Outfront Media signage approved in 2018. The design proposes minimal frame
around the signs. Light sensors would be installed to measure ambient light levels and to adjust
light intensity of the sign to respond to any change in ambient light conditions. Lighting levels on
the digital billboard would not exceed 0.3 foot candles over ambient levels, as measured using a
foot candle meter at a pre-set distance (250 feet for the proposed 14 foot x 48 foot face size). The
brightness of the LED display is subject to adjustment based on ambient conditions, so the display
may be brighter in the daytime than at night.
The California Department of Transportation ("Caltrans") is involved in the control of off -premise
signage displays along state highways through enforcement of the California Outdoor Advertising
Act. Caltrans is also responsible, through an agreement with the Federal Highway Administration,
for controlling off -premise signage along interstate highways. Some freeways are classified as
"landscaped freeways", and off -premise signage is not allowed along landscaped freeways except
when approved as part of relocation agreements (Government Code §5412). All of US 101 within
the City's boundaries is classified as landscaped freeway.
The applicant and the City have negotiated a Development Agreement ("DA") to clarify and
obligate Project features and mitigation measures, including annual fees, community service
message display time, and City branding. The Project site is designated Downtown Transit Core
within the General Plan and is also located within the Downtown Transit Core Zoning District,
which provides zoning for development to support the Caltrain station. Subject to approval of the
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Development Agreement and Relocation Agreement, the project would remain consistent with the
intent and purpose of the General Plan and comply with the Zoning Ordinance standards related to
signage.
The proposed Action Signs digital billboard project will provide an additional source of revenue for
the City, promote economic development and expand the communication of community services
along the US 101 corridor, in keeping with the General Plan.
Based on the information included in the public record, it is recommended that the City Council
make the required findings and adopt the attached resolution to approve the project, including the
Relocation Agreement and Sign Permit, and determine that the 2015 IS/MND is the appropriate
environmental document and approve the project entitlements for the Action Signs project.
Councilmember Nicolas inquired about the parameters of displays. Economic and Community
Development Director Greenwood indicated that federal and state guidelines set restrictions of
advertisement displays.
Mr. Morroca of Action Signs indicated that they follow federal guidelines and do not promote
alcohol or cigarette advertisements. All materials displayed are controlled by a computer device and
carefully screened. He indicated that Action Sign would be willing to review the City's proposed
guidelines.
Mayor Matsumoto stated her desire to propose guidelines. City Attorney Woodruff indicated that
the City is unable to provide guidelines for a private advertisement vendor however, the City can
request that advertisement comply with State and Federal guidelines.
Councilmember Addiego expressed his concern with the billboards current placement and the
proposed digital display. He indicated that if no further agreement can be reached, the applicant is
required to remove the sign within 90 days, suggested reducing the term.
Councilmember Nagales expressed his concern with the proposed placement and indicated that he is
not in support of the project.
Mayor Matsumoto expressed her concern and disapproval of the proposed billboard placement and
suggested that staff continue to explore and research options for Council's review.
Vice Mayor Garbarino also expressed his concern with the current placement and the proposed
replacement.
Action Signs staff expressed their desire to work with staff to address Council's concerns and make
necessary adjustments.
Economic and Community Development Director Greenwood indicated that Council's concerns
were heard and addressed in prior meetings; the approved height was required so that the sign could
be seen with the proposed development; no increase to the size of the sign only difference is digital.
City Attorney Woodruff suggested that Council continue the item to a date uncertain to allow staff
to continue to explore options. Mayor Matsumoto requested that future renderings not have a
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MINUTES PAGE 12
platform or ladder to improve look. Councilmember Addiego requested that staff include north and
south views from 101 freeway.
14a. Resolution approving a Relocation Agreement and Sign Permit to allow for the conversion
of an existing 114 foot tall, double faced, static billboard to a double faced, digital billboard
on property located at 150 Airport, and determining that the 2015 IS/MND continues to
serve as the applicable environmental review document pursuant to CEQA.
Item continued to date uncertain
14b. Ordinance approving a Development Agreement to allow for the conversion of an existing
114 foot tall, double faced, static billboard to a double faced, digital billboard on property
located at 150 Airport.
Item continued to date uncertain
Motion — Councilmember Addiego /Second — Councilmember Nagales: To continue this item to a
date uncertain. Unanimously approved by roll call vote.
ADMINISTRATIVE BUSINESS
16. Report regarding a Resolution No. 126-2019 adopting a revised Fee Schedule regarding
increasing the fine and penalties for double parking pursuant to Vehicle Code Section
42001. (Master Sergeant Danny Gil)
Master Sergeant Gil presented the report and indicated that the City of South San Francisco
currently assesses a fine of $43 for double parking violations. The South San Francisco Police
Department's parking enforcement officers have observed repeated double parking violations, and
the current penalty amounts have proven ineffective to deter double parking violations.
Double parking violations in the City endanger the safety, health and welfare of residents, students,
bicyclists and pedestrians. Double parking violations also disrupt the normal flow of traffic and
unnecessarily delay motorists.
The Police Department receives repeated complaints regarding double parking throughout the City.
Double parking issues are particularly most problematic and dangerous in the business districts,
such as the downtown area; semi -trucks double parked in the industrial area, and parents double
parked to drop off their kids in front of elementary schools.
State law authorizes local authorities to adopt traffic rules and regulations by ordinance or
resolution, unless the Vehicle Code already establishes a violation or fine, penalty, assessment, or
fee for violation of the same or similar conduct (Veh. Code § 21100(o)(1)).
A double parking violation adopted pursuant to the Vehicle Code is punished by a maximum fine of
$100 for a first infraction, $200 for a second infraction occurring within one year of a prior
conviction, and $250 for a third or subsequent infraction occurring within one year of a previous
conviction. (Veh. Code § 42001(a)).
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MINUTES PAGE 13
Councilmember Nagales expressed his support of the proposed enforcement and inquired about
outreach to business owners. Master Sergeant Gil stated that outreach has been done and business
owners were advised to propose alternative times of delivery.
Councilmember Addiego expressed his concern with the citation amount of $100 for first
enforcement and inquired enforcement timeline. Police Chief Azzopardi indicated that the
resolution will go into effect 30 days after approval.
Motion — Councilmember Nagales /Second — Councilmember Nicolas: To approve Resolution No.
126-2019 adopting a revised Fee Schedule regarding increasing the fine and penalties for double
parking pursuant to Vehicle Code Section 42001. Unanimously approved by roll call vote.
17. Report Regarding Resolution No. 127-2019 approving a Professional Services Agreement
with Liebert Cassidy Whitmore in an Amount Not to Exceed $100,000 for Labor Relations
Consulting Services, and authorizing the City Manager to execute the agreement. (Leah
Lockhart, Human Resources Director)
Human Resources Director Lockhart presented the report and indicated that the City's full-time and
permanent part-time workforce is organized into seven (7) represented bargaining units, and the
City maintains collective bargaining agreements with each group regarding wages, hours and other
terms and conditions of employment. On July 1, 2020 the agreements with four of the City's
bargaining units will expire. Therefore, staff recommends beginning negotiations for a successor
agreement with each group no later than November, 2019 in order to ensure timely completion. In
previous years, the City has either hired a third -party consultant to serve as the City's chief
negotiator during bargaining, or the Human Resources Director has served in this role. In light of
concurrent strategic priorities underway in the Human Resources Department and current staff
capacity, and staff proposes utilizing a combination of consultants and internal staff to conduct and
support the labor negotiations process.
Staff issued a Request for Proposals (RFP) for labor relations consulting services, which includes
serving as chief negotiator as assigned, advising on bargaining strategy and technical matters related
to labor and employment law, assisting with development of proposal language, and performing
necessary research in support of negotiations. The consultant would serve as the chief negotiator for
three of the four groups, and the Human Resources Director would lead negotiations with the fourth
group. In addition, each table will have a member of the human resources staff to assist with
recording notes, tracking progress of proposals and counter -proposals, and providing input on the
operational impacts of proposals where appropriate.
Liebert Cassidy Whitmore was identified as the top candidate. Liebert Cassidy Whitmore
specializes in public sector labor and employment law, and the firm's Labor Relations Practice
Group focuses specifically on negotiating labor agreements for public agencies across all classes of
employees. Donna Williamson, who will serve as the City's chief negotiator, has extensive
experience negotiating on behalf of cities, counties, and school districts, and other public agencies
across Northern California. Notably, Ms. Williamson's experience includes negotiations with the
same unions that represent City of South San Francisco employees, and she has a proven track
record of maintaining professional and successful working relationships with union negotiators.
Liebert Cassidy Whitmore also provides a strong team of associates specializing in various aspects
of labor and employment law, including benefits, compensation, Fair Labor Standards Act
("FLSA"), Ca1PERS retirement, and protected leaves of absence, which will provide a substantial
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MINUTES PAGE 14
resource for the City for legal research on these matters as they pertain to negotiating labor
agreements.
Motion — Vice Mayor Garbarino/Second — Councilmember Nicolas: To approve Resolution No.
127-2019 approving a Professional Services Agreement with Liebert Cassidy Whitmore in an
Amount Not to Exceed $100,000 for Labor Relations Consulting Services, and authorizing the City
Manager to execute the agreement.. Unanimously approved by roll call vote.
ITEMS FROM COUNCIL — COMMITTEE REPORTS AND ANNOUNCEMENTS
None
CLOSED SESSION
19. Public Employee Performance Evaluation
Title: City Attorney
Time entered Closed Session: 10:13 p.m.
Open Session resumed: 10:30 p.m.
Report out of Closed Session by Mayor Matsumoto: Direction given. No reportable action.
ADJOURNMENT
Being no further business Mayor Matsumoto adjourned the meeting at 10:31 p.m.
Submitted by:
JR7-olesa4CGovea, Acosta, CMC, CPMC
City Clerk
Approved by:
4�
Way Matsu to
Mayor—
Approved by the City Council. / J3 1-,9011 /All
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MINUTES PAGE 15