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HomeMy WebLinkAboutMinutes 2009-06-18~zx S _ MINUTE S ~° ~ SPECIAL MEETING o CITY COUNCIL c'~LIFOR~~~ OF THE CI i Y OF SOUTH SAl~,T FRANCISCO P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 CI T Y HALL CONFERENCE ROOM X1,00 GRAND AVENUE, T13iJRSDAY, JI1NE 18, ?009 6:00 P.M. Purpose of the meeting: 1. Call_ to Order 6:10 P.NI. 2. Roll Call. Present: Councilrrien Garbarino, Gonzalez and Mullin, ~Jice T'Iayor Addiego, and Mayor Matsumoto. Absent: None. 3. Public Comments -comments are limited to items on the Special fleeting Agenda. None. 4. CLOSED SESSIOiv: CONFEREiJCE WITH LABOR NEGOTIATORS (Pursuant to Government Code § 54957.6) Agency designated reprE;sentative: Kathy Mount Employee organizations: AFSCME, Local 1569, AFL-CIO Confidential Unit, Teamsters Local 856 International Association of Firefighters, Local 1507 Mid-management Unit International Union of Operating Engineers, Local 39 South San Francisco Police Association Public Safety Managers Executive Management Unit. TIME IN: 6:11 P.M. TIME OUT: 6:40 P.M. Report out of Closed Session: Direction given. No reportable action taken. 11. Resolutions approving (1) Revisions to Amended and Restated Oyster Point Marina Ferry Terminal Lease and .License Agreement with the San Mateo County Harbor District and the Bay Area `Hater Emergency Transportation Authority, and (2) the Three Party Agreement Regarding Distribution and Use of San Mateo County Measure A Funds for Terminal and Service. City Manager Barry Nagel noted a supplement was provided to Council revising the Staff Report. City Attorney Steve Mattas noted changes to the Agreement were summarized in the Staff Report and supplemental one (1) page handout. The Attorney's office had no problems with the changes requested by the Department of Boating and Waterways (DBW). A critical element to the agreement is the San Francisco Bay Area Water Emergency Transportation Authority (WETA) payment would go directly to pay down the debt of San Mateo County Harbor District which would benefit the long term interest of all involved. The agreements also reflected the reimbursement for the dredging improvements previously agreed to by the Harbor District. The Three Party Funding Agreement would regulate and guide the payment and use of the $15,000,000 in Measure A funds for the ferry terminal. The Third Party Agreement set forth the specific obligations of the City, WE7CA and the Transportation Authority (TA). The Three Party Funding Agreement had been approved by both WETA and the TA. Staff recommended Council adopt the resolutions approving (1) the revised Amended and Restated Oyster point Marina Ferry 'Germinal Ground Lease and License with the San Francisco Bay Water Emergency Transportation Authority and the San Mateo County Harbor District, (2) execution of a Memorandum of Lea:>e, and (3) the Three Party Funding Agreement related to the use of Measure A funds for ferry service. Mayor Matsumoto questioned the specific meaning of the language "Take reasonable actions (which do not include any requireme;nt for the City to provide additional funding) to confirm that WETA will operate scheduled ferry service in South San Francisco for a minimum of five (5) years." She further questioned how this would be enforceable. Attorney Mattas stated WETA would not be able to make an arbitrary funding decision and would have to take reasonable action with a strong basis to stop funding within the first five (5) years. The City actions would be to try to enforce the requirements set forth in the Three Party Agreement. If there was a loss of funding, there was still a clause requiring WETA to maintain the channels and ferry terminal structure in South San Francisco for the term of the lease for its use in first responder .and emergency situations. Mayor Matsumoto questioned if funding would be included in the business plan. She wanted to make sure it was understood funding; was to be included in the business plan. Attorney Mattas stated Staff would make sure WETA was aware of this request and deferred to the City Manager to see if there was any further information available. SPECIAL CITY COUNCIL MEETING JiJNE 18, 2009 MINUTES PAGE 3 220-070, 014-184-010, and 014-184-020. William Mitchell, President of the WT Mitchell Group, representing the property owners of the Longs/Safeway/Bally Shopping Center was present. He stated the redevelopment plan for the Brentwood Center had been in the works since January 2008. He requested Council exempt any project started over a year ago in an e-ffort to prevent potential hardships that may arise as a result of the moratorium but stated his clients intended compliance with any Council decision. Councilman Mullin questioned how the proposed moratorium met the threshold to protect and preserve the public peace, health and welfare. Assistant Manager Van Duyn stated that all elements of the plan 1) remain consistent with each other 2) would be able to provide services to meet the projected need of growth projections and 3) you meet your projected growth objectives. The overall health and welfare of the community lies in how well the planning goals and objectives were met. A planning future was usually a twenty-year horizon and if development was allowed to run inconsistent with the planning, the twenty-year goal would become more distant. Another item needed to be considered would be the availability of other desirable opportunity sites to meet the planning needs. It is important for the development done on a desirable site to remain consistent with the general plan amendment. Councilman Gonzalez stated approximately one year ago, Council had taken a trip around the City to visualize the plan for South San Francisco. The area owned by Mr. Mitchell's clients had been a candidate for modernization f'or some time. He further stated that he would be in favor of the moratorium as the City had to start working towards its twenty year realization somewhere. Councilman Garbarino concurred. Vice Mayor Addiego stated he was looking at things differently and thinking back to lost opportunities. He expressed his opinion that the property being represented by Mr. Mitchell was on a downhill slide in the 1 g80's and felt that, for the record, it was currently a "pit." The Vice Mayor felt the property should be looked at for development along the lines of what the City of San Bruno had done with Noor Avenue all the way through the 380. He noted his frustration with the loss of opportunities and stated he would like to see a first rate commercial project. Furthermore, he felt it was not right to change things this late in the game and therefore was not in favor of the moratorium. Mayor Matsumoto stated she had met with Mr. Mitchell approximately two years ago and could not support the presented project at that time because she wanted something higher density and it seemed as if the plan presented to hc;r was more representative of a strip-mall. She reported that she had not seen any new plans since. She encouraged Mr. Mitchell to continue to work with the City on meeting its objectives and while she was in support of the project concept, she would be supporting the moratorium. Councilman Mullin reported he had also with Mr. Mitchell and noted his intention was not to discourage private investment but fF;lt the property was such a critical piece in the General Plan Amendment, the City wanted to get it right. Therefore, he would support the moratorium. He requested Mr. Mitchell to stay engaged with the City. SPECIAL CITY COUNCIL MEETING JiJNE 18, 2009 MINUTES PAGE 5 5. Council interviews for the Housing Authority Tenant Commissioner Position were cancelled as applicant Eloise Heden was unable to attend. Mayor Matsumoto questioned what the protocol was as far as rescheduling was considered. Manager Nagel responded in the past Council had consistently chosen not to reschedule interviews and instead held appointments over until the next recruitment. Council decided to remain consistent and not reschedule the interview. 6. Council interviewed applicants for the vacancy on the Planning Commission as followed: Pradeep Gupta, Karen Holland, Din-Lii Lin and Susie MacFarland. 7. Council interviewed applicants for the vacancies on the Library Board as followed: Karen Holland, Teresa Avelar, Betty Battaglia, and Francisca `Cisca" Hansen. 8. Discussion and appointment of applicant to the Housing Authority Tenant Commissioner Position. Not heard as applicant was unable to attend the interview. 9. Discussion and appointment of applicants to the Planning Commission. After discussion, Council voted by ballot which yielded the following results: Pradeep Gupta was appointed to fill the seat vacated by Stacy Oborne. Motion -Councilman Garbarino/Second -Vice Mayor Addiego: to appoint Pradeep Gupta to a partial term on the Planning Commission to expire December 31, 2012. Unanimously approved by voice vote. 10. Discussion and appointment of applicants to the Library Board. After discussion, Council voted lby ballot which yielded the following results: Betty Battaglia and Francisca "Cisca" Hansen reappointed to the Library Board. Motion -Councilman Garbarino/Second -Vice Mayor Addiego: to reappoint Betty Battaglia and Francisca Hansen to the Library Board for full terms expiring June 30, 2012. Unanimously approved by voice vote. MEETING RECESSED: 8:43 P.M. MEETING RESUMED: 8:48 P. M. SPECIAL CITY COUNCIL MEETING JUNE 18, 2009 MINUTES PAGE 2 Manager Nagel stated the issue had been conveyed to WETA several times that a full business plan was expected, including funding sources. Vice Mayor Addiego questioned if the entire schedule would be pushed off if there was some issue with the documents. Manager Nagel responded no, the schedule would not be affected. Motion -Councilman Gonzalez/Second -Councilman Garbarino: to approve Resolution No. 52- 2009. Unanimously approved by voice vote. Motion -Vice Mayor Addiego/Second -Councilman Gonzalez: to approve Resolution No. 52(a)-2009. Unanimously approved by voice vote. City Manager Nagel stated Staff would like to attend to Closed Session Item No. 13 prior to Item No. 12. 13. CLOSED SESSION: Conference with Legal Counsel - Anticipated Litigation (Pursuant to Government Code Section 54956.9(b).) Significant Exposure to Litigation One Case TIME IN: 8:57 TIME OUT: 9:15 Report out of Closed Session: The City Council voted 5-0 authorizing the City Manager to sign the Memorandum of Understanding by and between the City of South San Francisco and AMB Fund III Spruce, LLC. regarding the property at 245 South Spruce Avenue. 12. An Urgency Ordinance of ~:he City of South San Francisco making findings and establishing a development moratorium in a portion of the South El Camino Real Corridor in order to prevent uses inconsistent with the pending El Camino Real General Plan Amendment, the Chestnut/El Camino Real Specific Plan and the Zoning Ordinance update. Assistant City Manager Marty Van ]Duyn presented Staff Report. Report stated Staff had prepared and urgency ordinance in order to facilitate the implementation of a general plan, specific plan and zoning ordinance update for a specified area in the El Camino Real corridor (Moratorium area). If adopted, the urgency ordinance would establish a temporary moratorium on discretionary approvals within the Moratorium area. Government Code section 65858 allows the City to immediately adopt a 45-day moratorium prohibiting any uses that maybe in conflict with a contemplated general plan, specific plan or zoning proposal that the legislative body, planning commission or planning df~partment is considering in order to protect and preserve the public peace, health, and welfare by prohibiting any uses. The parcels recommended for exclusion from the moratorium include the following: APN #'s 014-220-020, 014-220-060, 014- SPECIAL CITY COUNCIL MEETING JUNE 18, 2009 MINUTES PAGE 4 Councilman Garbarino stated while he understood the Vice Mayor's point, he did not feel this was a missed opportunity just yet. He also encouraged Mr. Mitchell to continue to work with the City in meeting its objectives. Mr. Mitchell stated his party intended to remain in communication with the City and had hoped to have some input in the process. However, he noted the project had to be commercially viable and with the way the plan was written now, if passed today he felt it was not. Motion -Councilman Garbarino/Second -Councilman Gonzalez: to waive read Ordinance No. 1409-2009. Unanimously approved lby voice vote Motion -Councilman Gonzalez/Second -Councilman Mullin: to introduce and adopt Ordinance No. 1409-2009 as presented and modified. The motion was approved by the following roll call vote: AYES: Councilmen Garbarino„ Gonzalez and Mullin, Mayor Matsumoto. NOES: Vice Mayor Addiego. ABSTAIN: None. ABSENT: None. 14. Adjournment of Special City Council Meeting. Being of no further business, Mayor Matsumoto adjourned the meeting at 9:40 P.M. Submitted by: ~. Anna M. Hernandez, Deputy City Clerk City of South San Francisco Approved: ~~~ ~~ Karyl Matsumoto, Mayor City of South San Francisco SPECIAL CITY COUNCIL MEETING MINUTES JiJNE 18, 2009 PAGE 6