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HomeMy WebLinkAboutMinutes 2021-02-24 @7:00S�VTN Sqn MINUTES REGULAR MEETING F C1 U O CITY COUNCIL c91IFOR��P CITY OF SOUTH SAN FRANCISCO WEDNESDAY, February 24, 2021 7:00 p.m. Teleconference via Zoom City Council conducted this meeting in accordance with California Governor Newsom's Executive Orders N-29-20 and N-63-20 and COVID-19 pandemic protocols. CALL TO ORDER Mayor Addiego called the meeting to order at 7:00 p.m. Meeting recessed: 7: 01 p.m. Meeting resumed: 7:27 p. m. ROLL CALL Present: Councilmembers Coleman, Flores and Nicolas, Vice Mayor Nagales, and Mayor Addiego AGENDA REVIEW No Changes ANNOUNCEMENTS FROM STAFF City Clerk Govea Acosta announced beginning March 10th, the City Clerk's Office would provide translation services for City Council meetings in Spanish, Tagalog, and Mandarin. Members of the public should contact the City Clerk's Office 72 hours before a meeting to receive the services. Also, beginning March 10th, members of the public can use eComment to submit public comments online. The platform will automatically upload the public comments to the City's website and available for public viewing. She reminded the community that the current recruitment for the Boards and Commissions would be closed on March 5th, and applications could be submitted online. Mayor Addiego thanked City Clerk Govea Acosta for continuing efforts to make the process accessible to the public. City Manager Futrell thanked the community for pulling together in getting the City into the red tier and encouraged everyone to support local businesses. PRESENTATIONS 1. Presentation of a proclamation recognizing March as Women's History Month. (Mark Addiego, Mayor) Councilmember Nicolas read into the record a proclamation recognizing March as Women's History Month. Councilmember Flores thanked Councilmember Nicolas for bringing the item forward and stated that the school district would also be bringing a similar resolution forward recognizing women in March. Vice Mayor Nagales thanked Councilmember Nicolas for bringing the item forward and recognized all women that have made tremendous progress for everyone. Councilmember Coleman stated it was important that we recognize the contributions that women have had in our society. 2. Presentation on San Mateo County Strong Fund Restaurant, Brewery, and Winery Relief Grant Program (Rosanne Foust, President and CEO, San Mateo County Economic Development Association (SAMCEDA). Councilmember Flores introduced Rosanne Foust, President, and CEO of the San Mateo County Economic Development Association. Ms. Foust thanked the Council for having her and provided background information on the grant program. The program offers a grant of up to $10,000 for restaurants, breweries, and wineries that have suffered from the economic impacts of COVID-19. The application portal timeframe would be from Monday, February 22th — to Monday, March 8th at noon. Additional information and frequently asked questions about the program can be found on the website: www.smcstrmigy.or . Application assistance was available by telephone or email in the following languages: English, Spanish, Chinese, and Tagalog. She provided an overview of the application evaluation process and the types of businesses that did not qualify. REMOTE PUBLIC COMMENTS 3. Members of the public were encouraged to submit public comments in writing in advance of the meeting via GoogleDocs by S: 00 p.m. on the day of the meeting. The following individuals submitted public comments via email. The comments were read into the record by Assistant City Clerk Avila, disseminated to the City Council, and uploaded to the website: • Cynthia Marcopulos, community member • Dennis Rudoni, community member • Denton Murphy, community member • Jonathan New, community member • Katie DeLeuw, community member • Matt Janiga, community member The following individuals provided public comment: • Hon. Coralin Feierbach COUNCIL COMMENTS/REQUESTS Councilmember Flores requested the meeting be adjourned in memory of longtime South San Francisco resident Kenneth Romano. He is survived by his wife Karen Romano, daughter Angelique Presidente, son-in-law Jesus Pena and grandchildren. REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2021 MINUTES PAGE 2 Councilmember Nicolas provided clarification about the Got Wheels! Program offered through the Peninsula Family Service. CONSENT CALENDAR The City Clerk duly read the Consent Calendar, after which Council voted and engaged in discussion of specific item as follows: Item 4 and 12 was pulled by Councilmember Flores for further discussion. 5. Report regarding a motion to accept the construction improvements of Advanced Chemical Transport Inc. for the Oyster Point Marina Fuel Tank and Fueling Station Removal Project (pf2001) as complete in accordance with plans and specifications (Total Construction Cost $242,204.60). (Dave Bockhaus, Deputy Director of Public Works) 6. A report regarding Resolution No. 41-2021 authorizing the City Manager to execute the First Amendment to the Consulting Services Agreement between the City of South San Francisco and Construction Testing Services, Inc. of San Francisco, for Special Inspection and Material Testing for the Civic Campus Phase 1: Police Operations & 911 Dispatch Center in an amount not to exceed $30,023.85. (Jacob Gilchrist, Director of Capital Projects) 7. Report regarding Resolution No. 42-2021 authorizing the acceptance of donations, grants, and stipends from various funders totaling $16,190, and an in-kind donation from See's Candies valued at $34,209, for Fiscal Year 2020-21 to support Parks and Recreation Department programs and events. (Greg Mediati, Deputy Director of Parks and Recreation) 8. Report regarding Resolution No. 43-2021 approving a Budget Amendment 21.040 appropriating $150,000 in the City of South San Francisco's General Plan Fund for pre -payment of Housing Element Update services; and approving Budget Amendment 21.041 appropriating $150,000 in the City of South San Francisco's Park -in -lieu Fee for pre -payment of BART Right-of-way Master Planning (PK2103) consistent with the reimbursable Local Early Action Planning Grants (LEAP) Program. (Tony Rozzi, Chief Planner) 9. Report regarding Resolution No. 44-2021 authorizing the filing of a grant application for the State of California Division of Boating and Waterways Boat Launching Facilities Grant program in an amount not to exceed $884,000. (Greg Mediati, Deputy Director of Parks & Recreation) 10. Report regarding adoption of Resolution No. 45-2021 accepting $250,000 from Fairfield Residential as prepayment for the Industrial Area Community Facilities District. (Christina Fernandez, Assistant to the City Manager and Sky Woodruff, City Attorney) 11. Staff report regarding Resolution No. 46-2021 approving the filing of a grant application in a total amount not to exceed $6,000,000 for State of California Statewide Park Development and Community Revitalization Program grant funds for park construction at the Community Civic Campus in Fiscal Year 2022-2023. (Jacob Gilchrist, Capital Project Director) Motion — Vice Mayor Nagales/Second – Councilmember Nicolas: To approve Consent Calendar items 5-11 by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2021 MINUTES PAGE 3 CONSENT CALENDAR – Agenda Item No. 4 and No. 12 Item No. 4: Mayor Addiego requested a separate motion to approve the meeting minutes since Councilmember Flores was appointed to the City Council January 2021. 4. Motion to approve the Minutes for the meetings of December 1, 2020, January 13, 2021, January 20, 2021, January 22, 2021, January 26, 2021, and January 27, 2021. (Rosa Govea Acosta, City Clerk) Motion — Councilmember Nicolas/Second – Vice Mayor Nagales: To approve Consent Calendar Item 4, by roll call vote: AYES: Councilmembers Coleman, Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: Councilmember Flores. Item No. 12: Councilmember Flores inquired to what phase the repairs were in and whether the emergency resolution covered the remaining trails or covered all five that were currently being repaired. Assistant City Manager Ranals indicated that they were still in Phase One and had done mitigation for corrosion control. Parks Manager Richardson provided an overview of Phase One and the status of the trails. 12. Report regarding Resolution No. 47-2021 determining the continued existence of an emergency and the need to continue emergency repairs in response to the Sign Hill Diamond Fire. (Greg Mediati, Deputy Director of Parks and Recreation) Motion — Councilmember Flores/Second – Councilmember Nicolas: To approve Consent Calendar Item 12, by roll call vote: AYES: Councilmembers Coleman, Flores, Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. Councilmember Nicolas thanked Parks and Recreation staff and volunteers who planted seeds across Sign Hill in areas affected by the Diamond Fire. PUBLIC HEARING Public Hearing opened: 08:18 p.m. 13. Report regarding an update on the SSF PUC Housing Partners project and a resolution accepting the dedication of approximately 15,464 square feet of Kaiser Foundation Health Plan Inc. owned property located on El Camino Real (APN 010-292-210) to the City of South San Francisco for a public purpose. (Nell Selander, Economic and Community Development Deputy Director) 13a. Resolution No. 48-2021 accepting the dedication of approximately 15,464 square feet of Kaiser Foundation Health Plan, Inc. owned property, located at 1200 El Camino Real (APN 010-292-210), to the City of South San Francisco for a public purpose. Economic and Community Development Deputy Director Selander provided background information on the project. On December 11, 2019, the Council approved the entitlements for a mixed-use development on a vacant 5.9 -acre site, known generally as the "PUC Site". Council also approved a Purchase and Sale Agreement (PSA), which includes the sale price of $5.5 million for disposition of the property and a Development Agreement (DA). The development partner and buyer, SSF PUC Housing Partners were selected by Council. REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2021 MINUTES PAGE 4 She stated that the City was required as part of the DA and PSA for the PUC project to gain access to land needed for off-site improvements and Oak Avenue Phase 1. The acquisition of the Kaiser Foundation Health Plan Inc. ("Kaiser") parcel, the subject of the associated resolution, was a key component in the Oak Avenue Phase 1 improvements. Over the past two years, City staff has been working with Kaiser to facilitate this land donation. The effects of COVID-19 had slowed the development of market -rate and commercial development. Almost all the developers that the City has agreements with have invoked their force majeure delay in the past year. For most developers this has required an extension to the close of escrow. SSF PUC Housing partners are requesting a similar extension, which can be approved administratively per the DA/PSA. She noted that the conveyance of the property cannot extend beyond December 31, 2022 due to the recently amended State Surplus Land Act (SLA). If the property was not conveyed by this deadline, the property would then be subject to the Surplus Land Act, requiring the City to terminate the agreement with the developer, adopt a resolution declaring the property as surplus land, and then offering it for sale first to affordable housing providers, other government agencies, and parks and conservation organizations. Mayor Addiego inquired about the length of the delay. Economic and Community Development Deputy Director Selander indicated the City must sell the property no later than December 31, 2022. Economic and Community Development Deputy Director Selander introduced Eric Tao and Brian Baker from L37, Andrew Kawahara and James Suh from KASA, Brad Wiblin and Sarah White from Bridge Housing, and Josh Roden from Brookfield. Mr. Tao provided an overview of the work that had been completed and assured the Council they were committed to the project. Vice Mayor Nagales inquired about the units set aside for individuals with developmental disabilities. Mr. Wiblin provided an overview of the Housing Choices and stated they were committed to 10% of units for families. Councilmember Nicolas expressed her excitement for the project and thanked the development team and staff. Councilmember Flores requested clarification on how the overall market affected the development and improvements to the pedestrian and bicycle circulation. Mr. Tao provided clarification on how the market conditions were creating a delay for the project. Economic and Community Development Deputy Director Selander provided an overview of the improvements for pedestrians and bicyclists. Councilmember Coleman requested information on the Child Care Center. Economic and Community Development Deputy Director Selander stated she would send the information to Council. Public Hearing closed: 08:49 p.m. REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2021 MINUTES PAGE 5 Motion — Councilmember Nicolas/Second – Vice Mayor Nagales: To approve Resolution No. 48- 2021 accepting the dedication of approximately 15,464 square feet of Kaiser Foundation Health Plan, Inc. owned property, located at 1200 El Camino Real (APN 010-292-210), to the City of South San Francisco for a public purpose by roll call vote: AYES: Councilmembers Coleman, Flores, Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. ADMINISTRATIVE BUSINESS 14. Report to discuss options to allow moderate density housing in residential districts that currently only allow single family dwellings. (Lisa Costa Sanders, Project Administrator and Billy Gross, Senior Planner) Project Administrator Sanders provided background information on the General Plan and introduced Eric Yurkovich, Principal from Rami + Associates to report out on the Missing Middle Housing. Many state and local governments are analyzing options related to housing provision and affordability, including new zoning regulations to allow moderate -density units in areas that previously only allowed single-family units. The intent is that over time, the residential neighborhoods in these communities will have a mix of single-family homes and multi-plexes as properties are developed. Single family homes are still permitted with the new zoning regulations, but they are no longer the only option available. With appropriate design guidelines, multi-plex buildings can be designed to take the form of a single-family home in space and character but contain multiple smaller units compared to a traditional single-family residence. In South San Francisco's typical low-density residential zoning districts, single-family dwellings are allowed a maximum floor area ratio of 0.5. On a 5,000 square foot lot, this floor area ratio would allow 2,500 square feet of built area, which would accommodate an approximately 2,300 square foot unit and a one -car garage. If allowed, a duplex could be developed with two 1,050 square foot residential units and a two -car garage, and a triplex with three 630 square foot units, and a three -car garage. If moderate -density housing were allowed in single- family neighborhoods, South San Francisco's current parking regulations would need to be updated, as parking standards for multi-plex buildings typically require one off-street space per unit, where South San Francisco currently requires two-four off-street parking spaces per residence in low- density zoning districts (depending on the number of bedrooms and house size). Jurisdictions that have adopted modifications to single-family zoning to allow multi-plex buildings found support from activists, including affordable housing and tenants' advocates, environmental organizations, and for-profit and nonprofit housing developers. Opponents to these modifications typically express concern with property rights, degradation of traditional single-family neighborhoods, increased parking and traffic impacts, and increased demand for services throughout the community. Councilmember Nicolas inquired about the extra cost and time to include the additional work for the General Plan Update. Project Administrator Sanders estimated the cost to be an additional $100,000 and would extend the process an additional four months. Vice Mayor Nagales inquired whether the City would have control over the design and inquired about a State Density Bonus component. Senior Planner Gross stated the City could require design guidelines and would need to research further the State Density Bonus use. REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2021 MINUTES PAGE 6 The following individuals submitted public comments via email. The comments were read into the record by Assistant City Clerk Avila, disseminated to the City Council, and uploaded to the website: Ethan Mizzi, community member Laura Fanella, community member Cathy Rosaia, community member The following individuals provided public comment: • Alex Melendrez, Housing Leadership Council of San Mateo County • Kelsey Banes, Peninsula for Everyone • Mike Dunham, Peninsula for Everyone • David Crabbe, Sierra Club • Raayan Mohtashemi, Peninsula for Everyone • Matt Janiga, community member • Jordan Grimes, housing advocate • Darryl Yip, community member • John Baker, community member Vice Mayor Nagales acknowledged all the public comments and the need to explore all possibilities to increase affordable housing. He was in favor of having the additional conversation with the community. Councilmember Nicolas stated that in the information -gathering phase of the General Plan, the three main problems were housing, parking, and traffic. Allowing multi -unit housing in areas that are not accessible to public transit would contribute to the parking problems. She inquired about parking requirements. Senior Planner Gross stated that the parking requirements would need to be explored, and typically it was one parking space per unit. Councilmember Nicolas stated she had read the book mentioned in the public comment, and she did not believe this was a racial issue. She would not support moving forward with the additional work. Councilmember Coleman provided some history on exclusionary housing and acknowledged the reality of racism in the City's housing policy. He encouraged the Council to explore various approaches that can be taken into different neighborhoods and cleared up any misconceptions that this would be tearing up the single-family homes. He was in favor of exploring the issue and getting more community input. Councilmember Flores thanked staff for bringing this to where it is today and was in favor of getting more input on this topic from stakeholders. Councilmember Coleman inquired whether the study could be done independently of the General Plan Update. Senior Planner Gross provided an overview of the challenges with having the study independent of the General Plan update. Councilmember Nicolas reiterated that the cost of $100,000 did not sit well with her given the uncertainly of the current times and stated that the City could amend the General Plan in the future. REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2021 MINUTES PAGE 7 Mayor Addiego inquired to what occurred to property values in areas that are up zoned. Economic and Community Development Director Greenwood stated the property values would increase. Mayor Addiego expressed his concerns with up zoning and gave an example of South Central Los Angeles. He feared it would disrupt the community and did not support moving the item forward. Motion — Vice Mayor Nagales/Second – Councilmember Coleman: To approve additional analysis on the issue, by roll call vote: AYES: Councilmembers Coleman, Flores, Vice Mayor Nagales; NAYS: Councilmember Nicolas and Mayor Addiego; ABSENT: None; ABSTAIN: None. Meeting recessed: 10: 07 p. m. Meeting resumed: 10:17 p.m. 15. Report regarding Ordinance No. 1618-2021 requiring large grocery and drug stores in South San Francisco to pay employees an additional five dollars ($5.00) per hour in "hazard pay" during the coronavirus (COVID-19) pandemic (Alex Greenwood, Director of Economic & Community Development, and Sky Woodruff, City Attorney) City Attorney Woodruff presented the report regarding an ordinance requiring large grocery and drug stores in South San Francisco to pay employees an additional five dollars ($5.00) per hour in "hazard pay" during the coronavirus (COVID-19) pandemic. He provided an update on other California cities that have since adopted similar ordinances, including San Leandro, West Hollywood, and Coachella. In addition, Irvine and San Jose have both introduced non -urgency ordinances that were awaiting a second reading. Based on Council's direction during the February 10, 2021 meeting, staff revised the proposed ordinance to increase pay to $5 per hour. The stores subject to the ordinance were lowered from 15,000 square feet to 10,000 square feet or larger. The proposed ordinance now applied to drug stores, as well as grocery stores, and the definition of a grocery store has been modified to include not only stores that primarily sell household foodstuffs but also very large stores (85,000 square feet or larger) that dedicate at least 10% of space to food sales. He stated that the proposed ordinance was an urgency ordinance and would take effect immediately (the day following the Council's adoption). It would apply retroactively to any work on or after February 11, 2021, the date the ordinance would have taken effect. In addition, the proposed ordinance was drafted as an urgency measure, reflecting Council's direction to take action on this matter quickly. A regular ordinance was also included for Council introduction if the Council decided to adopt an ordinance. The non -urgency version would provide as a backup if a court determined that there was not a sufficient basis to support the urgency ordinance. Additionally, should the vote threshold for an urgency ordinance not be met, the non -urgency ordinance is available for introduction and first reading. Councilmember Nicolas inquired on the next court date was for the pending lawsuit for Long Beach and whether all cities that had passed similar ordinances had been sued. City Attorney Woodruff stated the hearing occurred yesterday, but the court had not issued a ruling. He noted that all cities that had passed similar ordinances had cases filed against them. REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2021 MINUTES PAGE 8 Councilmember Flores inquired when a ruling from the court could be expected and whether the ordinance had a sunset clause. City Attorney Woodruff expected a ruling by next week and stated the ordinance did have a sunset clause. Vice Mayor Nagales inquired about the process of adopting the urgency ordinance. City Attorney Woodruff provided an overview of the process of adopting the urgency vs. non -urgent ordinance. Councilmember Coleman inquired whether the urgency ordinance could be heard on March 10th and favored adopting the urgency ordinance tonight. City Attorney Woodruff stated the urgency ordinance could be brought back at the March 10th meeting. Mayor Addiego expressed his concerns with the square footage requirement and inquired whether that could be removed, along with the Franchisee definition. City Attorney Woodruff stated that it would be possible to remove the requirements. Mayor Addiego inquired on the process that employers would need to take to pay the retroactive pay and was in favor of a 90 -day provision. City Attorney Woodruff provided an overview of the process. Councilmember Nicolas requested clarification on the motion to be presented and suggested paid time off for vaccination purposes be included in the ordinance. City Attorney Woodruff provided an overview of the mayor's changes and believed most stores provided paid time off for their employees to get vaccinated; however, they could add the language to the ordinance if Council agreed. The following individuals submitted public comments via email. The comments were read into the record by Assistant City Clerk Avila, disseminated to the City Council, and uploaded to the website: • Cathy Rosaia, community member The following individuals provided public comment: • Juile Lind, San Mateo County Central Labor Council • Leon Wong, UFCW5 • Richard Hedges, union member • John Gomez, UFCW5 • Erin Chazer, community member Councilmember Flores stated he agreed with the mayor's changes but would like to keep the ordinance at 120 days. He was in favor of adding the provision on the vaccination language proposed by Councilmember Nicolas. City Attorney Woodruff provided an overview of the changes and proposed language for the ordinance. Motion Councilmember Coleman/Second — Councilmember Flores: To approve Ordinance No. 1618-2021 requiring large grocery and drug stores in South San Francisco to pay employees an additional five dollars ($5.00) per hour in "hazard pay" during the coronavirus (COVID-19) pandemic with modifications, by roll call vote: AYES: Councilmembers Coleman, Flores, Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2021 MINUTES PAGE 9 ITEMS FROM COUNCIL — COMMITTEE REPORTS AND ANNOUNCEMENTS Councilmember Nicolas requested the meeting be adjourned in memory of Antonio Gonzalez and requested the City assist with PPE for stores in Old Town. She also attended a Redistricting webinar and provided an update on when the census data would become available. City Manager Futrell stated he would make contact with the stores and mentioned the City Clerk was working on the Redistricting process. Councilmember Flores thanked the San Mateo County Office of Community Affairs for continuing to include the City in their mobile mask distribution. He also highlighted the "Living in Virtual Times" online art exhibit presented by the Cultural Art Commission. Vice Mayor Nagales shared the City would be participating in a pilot program called DAHLIA sponsored by the County of San Mateo. The program assists residents in finding affordable housing. He acknowledged the Parks and Recreation department for receiving various awards. Councilmember Coleman would like to explore hazard pay for other workers and provided an update on upcoming legislation he would like the Council to support. Mayor Addiego requested a consensus from the Council to push the closed session items to March 10th. The Council agreed. CLOSED SESSION 16. Conference with Labor Negotiators Agency designated representatives: Leah Lockhart, Human Resources Director, Donna Williamson, Liebert Cassidy Whitmore Employee organization: AFSCME, Local 829; Confidential Unit - Teamsters Local 856; Mid -management Unit - Teamsters Local 856; and International Union of Operating Engineers, Local 39 Item not heard 17. Closed Session: Conference with Legal Counsel - Anticipated Litigation (Pursuant to Government Code section 54956.9(d)(4))Initiation of Litigation: Three potential cases (Sky Woodruff, City Attorney and Jacob Gilchrist, Director of Capital Projects) Item not heard ADJOURNMENT Being no further business, Mayor Addiego adjourned the meeting in memory Kenneth Romano and Antonio Gonzalez at 11:20 p.m. Respectfully submitted by: Cind vila Assistant City Clerk Approved by: Lj Mark Addiego Mayor Approved by the City Council: 01y / REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2021 MINUTES PAGE 10