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HomeMy WebLinkAboutMinutes 2006-03-22 MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING WEDNESDAY, MARCH 22, 2006 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE CALL TO ORDER: 8:50 p.m. (Cassette Tape No.1) ROLL CALL: Present: Councilmembers Addiego, Gonzalez and Matsumoto, Vice Mayor Garbarino and Mayor F ernekes Absent: None PLEDGE OF ALLEGIANCE: Led by Mayor Fernekes INVOCATION: Pastor John Cantley, Grace Covenant Church Mayor Fernekes announced that high school students participating in this year's Youth Government Day program were in attendance. Councilmembers and department heads introduced their respective counterparts. Mayor Fernekes announced that the meeting was being adjourned in memory of Ed Zaro, Robert Honan and Steve Van Zant. PRESENTATIONS . Proclamation - National Library Week, April 2-8, 2006; Mayor Fernekes presented proclamation to Library Board President Lando Baldocchi . Proclamation - National Public Health Week, April 3-9, 2006; Councilman Gonzalez presented the proclamation to Ms. Cristina U gaitafa, Community Program Specialist, San Mateo County Health Department . Proclamation - Mediation Week, March 19-25, 2006; Councilman Addiego presented the proclamation to Ms. Janie Perez, representing Peninsula Conflict Resolution Center . Certificate of Recognition: Pamela J. Selli - Councilwoman Matsumoto presented the certificate to Ms. Selli in recognition of her dedicated service with the PT A. . Certificate of Recognition: Elizabeth Luaulu - Vice Mayor Garbarino presented the certificate to Ms. Luaulu in recognition of her dedicated service with the PT A. AGENDA REVIEW City Manager Nagel requested Agenda Item No.5 be considered after Public Comments. PUBLIC COMMENTS Ms. Connie Heinze, resident, stated her dog was recently attached by a pit bull. She stated that the pit bull was euphemized and the owner is unknown. She suggested a requirement that aggressive dogs be spade or neutered and have a microchip implanted. Mayor Fernekes asked that staff look into the suggestion and report back to Council and Ms. Heinze. Mr. Ray Green, resident, announced the Italian American Citizens' Club is offering free bocce lessons at Orange Memorial Park during the month of April. PUBLIC HEARING 5. Consideration of an ordinance of the City of South San Francisco amending SSFMC Code Chapter 20.65 restricting the locations of and requiring security for the cultivation of medical marijuana (Case No. P06-0017) Public hearing opened. (Due to technical difficulties the staff report presentation was stopped momentarily.) CONSENT CALENDAR 1. Motion to approve the minutes of March 8, 2006 2. Motion to confirm expense claims of March 22, 2006 in the amount of$I,510,811.91 3. Resolution No. 15-2006, authorizing the acceptance of$17,000 in grant funding from the Atkinson Foundation and the Peninsula Community Foundation to support Project Read Services and amending the Library Department's 200512006 operating budget 4. Resolution authorizing the execution oflease/purchase financing agreements for the acquisition of a paramedic ambulance and street sweeper through the Association of Bay Area Governments Leasing Program Councilman Gonzalez requested Item No. 4 be removed from the Consent Calendar. Motion-Garbarino/Second-Addiego: To approve the Consent Calendar, with the exception ofItem No.4. Unanimously approved by voice vote. Item No.4: Finance Director Steele discussed with Councilmembers Gonzalez and Addiego the terms of the lease, the acquiring of the equipment, and the cost savings of the lease/option process. Motion-Addiego/Second-Gonzalez: To approve Resolution 16-2006, authorizing the execution and delivery oflease/option agreement, an escrow agreement, and authorizing certain actions in connection with the acquisition of an ALS ambulance and street sweeper, including the declaration ofthe Council's intent to issue tax-exempt obligations to be used to reimburse the City for expenditures prior to the issuance of such tax-exempt obligations. Unanimously approved by voice vote. REGULAR CITY COUNCIL MEETING MINUTES MARCH 22, 2006 PAGE 2 ITEMS FROM COUNCIL . Announcements . Committee Reports Councilmembers reported on attendance at community and regional events, announced upcoming events and fundraisers. Councilman Addiego reported attending a meeting of the artists who rent studios at Orange Memorial Park. He reminded Council that former Councilman Jack Drago was interested in having this area of the park improved. He suggested a Council subcommittee be appointed to look into the matter. Councilman Gonzalez reported that projects for the new Measure A need to be submitted by June 2006. He asked that neighbors of the recently renovated Gardiner Park report any instances of vandalism at the park. He further reported on inspecting the Fairfield Development and saw items that are not in compliance with what was approved, and that he attended a flood control meeting. Councilwoman Matsumoto reported on the CDBG subcommittee meeting (Matsumoto/ Garbarino) to review allocations for 2006/07. Vice Mayor Garbarino reported on the Fairfield Development subcommittee meeting (Garbarino/Fernekes) and that information is forthcoming from the City Attorney, thereafter a report with recommendations will be brought to Council. Councilwoman Matsumoto suggested the artists studio matter be directed to the Cultural Arts Commission and Parks & Recreation Commission concurrently for recommendations to Council. PUBLIC HEARING continued Item No.5 - continued Staff report and visual presentation given by Police Sergeant Normandy. Speakers: the following speakers spoke against adoption ofthe ordinance or with concern. . Ms. Angela Crisp, resident . Mr. Torn Gregor, resident and business owner . Ms. Carolyn Rozzi, resident . Pastor Tate Crisp, resident . Ms. Chauntel L. Gregor, resident . Pastor Robert E. Foerster, resident . Mr. Rick Gomez, resident . Ms. Carla Garcia, resident . Mr. Johnny Heurta, resident REGULAR CITY COUNCIL MEETING MINUTES MARCH 22, 2006 PAGE 3 Public hearing closed. Councilman Addiego questioned the extension of the moratorium and Assistant City Attorney Spoerl stated it is at its twilight and can no longer be extended nor can another moratorium be proposed unless it is different. Councilman Addiego requested the voter results of Prop 215 for South San Francisco from the City Clerk. (Cassette Tape No.2) Councilmembers spoke in support of the ordinance and discussed with staff the ramifications if the ordinance is not adopted versus the protection it will provide if adopted. Chief Raffaelli addressed why the Police Department initiated the ordinance, how it has been carefully researched to add restrictions and still be consistent with state law. Assistant City Attorney Spoerl and City Attorney Mattas responded to questions and suggestions to lower restrictions, such as the number of patients per caregiver, or putting a measure on the ballot. They cautioned Council that an overly restrictive ordinance would invite challenge that the City might lose, but staff will continue to monitor case law. City Attorney Mattas further cautioned Council to not place a cap on the number of caregivers as it is based on the number of qualified patients in the community. Motion-Matsumoto/Second-Addiego: To waive reading and introduce an ordinance amending the SSFMC to add Chapter 20.65 restricting the locations of and requiring security for the cultivation of medical marijuana, and that the City Attorney's office will continue to monitor development of case law and report back to Council any changes that might allow further restrictions. Unanimously approved by the following roll call vote: A YES: Councilmembers Addiego, Gonzalez and Matsumoto, Vice Mayor Garbarino and Mayor Femekes. NOES: None. ABSTAIN: None. ABSENT: None. (Recess: 11: 15 pm - 11 :27 pm) 6. Consideration ofPUDM05-0002, modification of Specific Plan No.2 - Fairway Plaza (California Golf Course Development Study), to allow a minor variation in allowable building size, and design review of a proposed 2,000 s.f. addition to Building B in the Fairway Plaza Shopping Center, 925-955 EI Camino Real; Owner: Dick Lee Corp.; Applicant: Bank of America (Case No. P05-0160) Public hearing opened. Staff report presented by Chief Planner Sparks. Councilwoman Matsumoto discussed with staff the minimum requirement of landscaping for the site and possibly having it increased, which staff reported is currently exceeded. Mr. John Lucchesi, project architect, stated the number of trees is being increased from three to seven. REGULAR CITY COUNCIL MEETING MINUTES MARCH 22, 2006 PAGE 4 Motion-GonzalezlSecond-Addiego: To approve Resolution No. 17-2006, approving use permit modification UPM06-0001 and design review application DR06-0016 in association with a proposed 2000 square foot addition to building "B" of the Fairway Plaza Shopping Center located in the P-C-L Planned Commercial Zone District in accordance with State Planning Law and SSFMC Chapters 20.81, 20.85 and 20.91. Unanimously approved by voice vote. Motion-Addiego/Second-Matsumoto: To waive reading and introduce an ordinance approving a modification of Fairway Plaza Specific Plan No.2 to allow for greater allowable building sizes. Unanimously approved by voice vote. ADMINISTRATIVE BUSINESS 7. Status report on Wet Weather Program and resolution authorizing agreement with Harris & Associates for the Wet Weather Program Phase II design services in the amount of $708,000 Staff report presented by Public Works Director White. (Status report not presented.) Motion-Garbarino/Second-Gonzalez: To approve Resolution No. 18-2006, awarding an agreement for Wet Weather Program Phase II Design Services to Harris and Associates of Concord in the amount of $708,000. Unanimously approved by voice vote. COUNCIL COMMUNITY FORUM Councilwoman Matsumoto questioned the City award of bid and change order process with regard to Pinnacle Design as architect, construction manager and subcontractor for the Fire Station 61 project, and how this may be perceived. City Manager Nagel explained the multiple prime contract approach that was used for this project, where all the various components of the project are bid out and that this process does allow the construction manager to bid on the subcontracts. ADJOURNMENT Being no further business, Mayor Fernekes adjourned the meeting at 11 :52 p.m. in memory of Ed Zaro, Robert Honan and Steve Van Zant. ~~bmittedbY:, ." l~ /:4tvu;( ;/) , ,/ U~ SylJia M. Payne, City CIeri! City of South San Francisco REGULAR CITY COUNCIL MEETING MINUTES MARCH 22, 2006 PAGE 5