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CITY COUl~CIL
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REGULAR MEE7,ING
MUNICIPAL SERVICES BUILDING
COMMUNITY ROOM
33 ARROYO DRIVE
WEDNESDAY, MAY 12, 2010
CALL TO ORDER TIME: 7:06 P.M.
ROLL CALL: PRESENT: Councilmembers Garbarino, Gonzalez,
Matsumoto, Vice Mayor Mullin and
Mayor Addiego.
ABSENT: None.
PLEDGE OF ALLEGIANCE: Led by South San Francisco School Board President
Liza Normandy.
AGENDA REVIEW
No Change.
PUBLIC COMMENTS
Liza Normandy gave a brief history of Asian Pacific Heritage Month. and invited the
community to attend the Asian Pacific Heritage Month celebration taking place on Sunday,
May 23 at the Municipal Services Building 33 Arroyo Drive. For more information please
call (650)794-1910.
Pastor Robert Forester of New Life Church addressed Council to request the Church no
longer be charged for the annual fire inspection. In recent years, the cost of the inspection
has gone from nothing to $325. The Church is a small and non profit. Outreach provided
by the church through its many ministries included the Operation Christmas Shoebox, in
which low income children are provided with shoeboxes filled with basic hygiene items,
school supplies and an age appropriate toy. If fees continue to be charged, programs such
as this would be endangered. Pastor Forester respectfully requested Council to look at
what small churches provide to the community and to consider his request.
Mayor Addiego stated he believed there were certain exemptions that could be applied to
non profits and perhaps there could be a report to address the issues at a later date. He
requested Chief White speak with Mr. Forester.
Before moving on to Items from Council as usual, Mayor Addiego requested Chief
Massoni address the community about the recent tragedies that had occurred in the City.
Chief Massoni reported on the recent drive by shooting incidents that had occurred within
the past few weeks. He noted the police department was working many leads
and requested people to come forward with any information. A $25,000 reward was
available for information leading to an arrest and conviction of the responsible parties. The
Police Department would be conducting outreach within the next couple of weeks to relay
fears and insure this does not happen again. He opined the community must come together
to bring the violence to an end, adding that we do not want South San Francisco to become
like ocher cities that have this happen on a weekly basis.
Councilman Garbarino requested the meeting be adjourned in memory of Jose Manuel
Lopez, the young man who lost his life during last weeks shooting.
Councilman Gonzalez requested to address the Latin community and family of Mr. Lopez
in Spanish. He gave thanks to Chief Massoni for his support and vigilance within the
neighborhoods. The Councilman also expressed gratitude for the Hermanos Program, who
held a car wash attended by hundreds of youth and collected over $9000 for the benefit of
the Lopez family. Councilman Gonzalez explained how the Hermanos Program was made
up of members who may have, at one point, lived a negative lifestyle but have since
changed their ways.
Mayor Addiego offered the Lopez family his condolences and gave a brief eulogy of Jose
Manuel Lopez, who turned 15 in January and was laid to rest at Holy Cross. He also
wanted to assure the community and citizens that incidents such as these would not be
tolerated and stressed that we would take care of our own and support our youth and that it
was time to recommit to what was important to our community.
ITEMS FROM COUNCIL
• Announcements.
• Committee Reports.
Councilman Garbarino reported on his attendance of the badge ceremony for the newly
sworn Police Officers and the Town Hall meeting on health care reform hosted by
Congresswoman Jackie Speier. He also attended, along with the Mayor, the
Biotech conference in Chicago, IL. While there he made a potential fruitful connection
with a woman from the German state of Hesse who stated she was looking for space for
Asian pharmaceutical companies on the west coast. The Councilman informed her about
Takeda Pharmacies, located in South San Francisco because according to them, their
representatives can fly straight here from Japan with no connections. He put her in touch
with Assistant City Manager Van Duyn in hopes of making a connection.
Councilwoman Matsumoto began her report by noting that in addition to it being Asian
American History month, it was also Women's Health Month and Older Americans'
Month. The Councilwoman reported on her attendance of the Transit Authority and
SamTrans meetings where the quarterly reports showed a job growth in small business.
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MINUTES - 2 -
However, it was still grim budget news that would have a negative effect on the City in
ways of service cuts and bus lines. She also met with school district Superintended Dr.
Cohen to discuss putting a boiler plate proposal together for the purpose of addressing
multiple grant applications. She announced the return of the Farmers' Market back at
Orange Memorial Park, every Saturday through October 30, 9:00 a.m. to 1:00 p.m. and the
upcoming fundraiser, Jazz by the Bay on Friday, Apri121. Money raised would benefit the
City's outreach programs such as its senior and backpack programs. Jazz Trio would be
performing, free valet parking provided and there would be an opportunity to view the
Centennial Towers.
Councilman Gonzalez reported his attendance of the May 6 WETA meeting where the new
vessel received was discussed. There would be a tour and free rides given at Jack London
Square in Oakland on Monday, May 17. Other business included the approval of the award
for the ferry terminal, float and gangway construction was also awarded with work to begin
in a couple of months and service beginning at the end. of next year. The Councilman also
reported on the new Mills Peninsula Hospital opening was approximately six (6) months
away. Progress could be seen by going to www.www.mills-penisiula.or~.
Vice Mayor Mullin reported on a discussion he had with the residents of Greenridge
Housing located along the El Camino Real, north of the BART transit building. The
meeting was at the request of Kevin Pollenti on the topic of civic engagement. He
was impressed with the high school students in attendance who shared excellent ideas
about after school programs, engaging non-English speaking people, and combating graffiti
by perhaps partnering with the Cultural Arts Commission to encourage public art displays.
He also met with the County Charter Review to discuss possible changes in the charter that
would ultimately be voted on by residents. Currently South San Francisco was split
between the 1st and 5th districts. He was hoping that after the Census and redistricting
data was available, the City would be made whole within once district as the current split
could have a marginalizing effect on the City if there were a switch to district elections. He
also felt that public financing for County elections and City campaign financing should be
looked at as well. The Conference Center Authority approved an RFP for a market
analysis of future development and expansion options as the last report was done in 2002.
There was also a demonstration of the Conference center and a discussion. on ways to better
link hotels and the center with downtown. The Vice Mayor attended the Employee
Recognition luncheon and was a judge at the Malloy Chili cook off. Lastly, he attended a
County budget forum where it was learned of the $100 million structural deficit. The
County planned on decreasing the gap with a balanced approach of program reductions,
labor savings and hopefully new revenues. He noted the difficult time for all government
and perhaps it could drive the discussion on combining services and sharing operations
between Counties and Cities.
Mayor Addiego reported on an upcoming forum on Home foreclosures co hosted by
Congresswoman Speier, Assemblyman Hill and Supervisor Tissier. The forum would take
place on Saturday, May 15, 10:00 a.m. at the Parkway Heights Middle School. He noted
though the bay area's numbers have been smaller, there are still many people facing
foreclosures and numbers maybe slightly higher in South San Francisco.
The Mayor mentioned a community member had commented on the lack of an adequate
bus shelter outside of the Magnolia Senior Center and asked Councilwoman Matsumoto
if communities typically got involved with this issue.
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MINUTES - 3 -
Councilwoman Matsumoto stated it was a SamTrans obligation and she would take the
issue to them for consideration.
Mayor Addiego spoke about the Biotechnology Conference in Chicago, specifically a
contact he made with a teacher from Carlmont High School in Belmont, which has a
biotech component in their science curriculum. Her attendance at the conference
was completely underwritten by the National Institute of Health. She stated she
had emailed teachers in the South San Francisco Unified School District but got no
response. He wanted to encourage participation from the district in items such as this and
would like to pursue this contact with the Vice Mayor. Lastly, Councilwoman Holober
from Millbrae wanted to pass along information about the International Whaling
Comr~lission being on the cusp of removing the moratorium on commercial whaling. There
will be a rally/protest at the Pacifica Pier Sunday, May 23 at 10:00 a.m. A flyer with
details was available with the Clerk.
• Resolution in support of H R 5061 • The San Francisco Bay Improvement Act.
Before reporting on the House resolution, he was reminded about a resident asking about
getting a bus stop at southbound direction of Greenridge. There was already a northbound
stop, but it was quite a distance to access a southbound bus on either side of El Camino
Real.
The Vice Mayor then spoke about the resolution in support of the San Francisco Bay
Improvement Act of 2010, H.R. 5061 authored by Congresswoman Jackie Speier. The
legislation would directly benefit local concerns and projects. Potential funding for
projects facilitating Bay restoration, wetlands restoration and various clean up initiatives
could be $100 million a year for 10 years.
Motion -Vice Mayor Mullin/Second -Councilman Gonzalez: to approve Resolution No.
40-2010. Unanimously approved by voice vote.
CONSENT CALENDAR
1. Motion to approve the minutes of April 14, 2010 and Apri121, 2010.
2. Motion to accept the Main Library Improvements Project as complete in accordance
with the plans and specifications.
3. Resolution authorizing the acceptance of $6,550 in donations and grant funding to
support the Library's Summer Reading Club and Reader Leader Programs and
amending the Library Department's 2009/2010 Operating Budget.
4. Resolution awarding the construction contract to Gamma Builders, Inc. for the Solar
System for Annex Building Project in an amount not to exceed $272,300.
Resolution approving application for grant funds from the Safe Drinking Water,
Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of
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MINUTES - 4 -
2006.
6. Resolution authorizing acceptance of a grant in the amount of $98,681 from the
Federal Emergency Management Agency to Purchase Hydraulic Power Unit,
Cutter/Spreader (Jaws of Life), Stabilization Kit and Air Bag System and amending
the Fire Department FY 2009-10 Operating Budget.
Council woman Matsumoto requested discussion on Consent Calendar item No. 4.
Mayor Addiego questioned if expense claims would be available at next regular council
meeting.
City Manager Nagel stated they would be available at the next Council meeting.
Motion -Councilman Garbarino/Second -Councilman Gonzalez to approve Consent
Calendar items 1 through 3, 5 and 6. Unanimously approved by voice vote.
Item No. 4: Councilwoman Matsumoto was in support of the resolution but just wanted to
make sure there would be asecurity/monitoring mechanism put in place to reduce the risk
of theft of the solar panels. Her concern stems from a recent theft reported in Pacifica.
City Engineer Ray Razavi introduced the CEO of Sunburst, David Julius to discuss the
Councilwoman's concerns.
Mr. Julius stated there would be a standard lockbox on site for materials to be stored during
construction and materials would not be brought to the site until needed. Theft should not
be a matter if things are locked and stored correctly. Once panels were installed, there
were different mechanisms that could be looked at to reduce the risk of theft.
Councilman Gonzalez suggested perhaps using rivets to secure the panels rather than
screws.
Mayor Addiego felt the downtown location would act as a deterrent but also wanted to
make sure there was security in place.
Councilman Garbarino noted security maybe as simple as improved lighting.
Engineer Razavi agreed that security was an important issue and a plan would be
coordinated with the department, builder and the police department to address the issue.
Motion -Councilwoman Matsumoto/Second -Councilman Garbarino: to approve
Resolution No. 41-2010. Unanimously approved by voice vote.
LEGISLATIVE BUSINESS
7. Waive reading and introduce an Ordinance Updating Chapter 6.48 of the South San
Francisco Municipal Code, related to Special Event Permits.
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MINUTES - 5 -
Chief Massoni presented the report and noted the ordinance was to update the already
existing ordinance to clean up issues, bring it up to date and in essence level the playing
field for all the venues which hold special events. The ordinance takes into consideration
any large event rather than just dances and requires notification on type of event,
location, attendance numbers and other event parameters. If after review it is determined
that other departments, such as the Planning Department would be involved, the
department would forward the application accordingly for the addition of conditions as
necessary.
Councilman Gonzalez asked if this ordinance would: effect commercial and/or residential
events, regulate start and end times and address parking concerns.
Chief Massoni responded the ordinance would effect commercial establishments, set end
times for 1:30 a.m. and would take all items into consideration upon review. It would also
limits types of ticket sales to address attendance capacities and parking issues.
Vice Mayor Mullin asked how the community would be notified and stated he would
support additional outreach as public notices in the paper typically get overlooked.
Chief Massoni noted the Clerk's office publishes newly adopted Ordinances in the South
San Francisco Times and posts in the office. He added the Police Department
could conduct additional outreach informing community and venue owners.
Mayor Addiego added the idea of a community forum with the businesses that could be
affected maybe an avenue to explore. He asked if there was any feedback from businesses
this evening and received no response. He wanted to make sure of the effects and that
exemptions were included. In regards to the classification of a facility; he questioned who
determined a service area of the restaurant versus a hall area and whether or not this had
been communicated with venue owners.
Chief Massoni cited the Basque Cultural Center facilities as example of what would
traditionally be considered a restaurant area versus a banquet room. The restaurant area
would be exempt but the banquet rooms would apply.
Councilman Garbarino asked where the responsibility would lie; with the venue, or the
person who books the event.
Chief Massoni explained the venue gives the renter a form, which is in turn provided to the
Police Department. Permitting would not be required. for items such as a funeral, as they
cannot apply for it in the 30 advance that was required by the ordinance. Sergeant Joanie
Lee has communicated the changes to some of a good majority of those impacted, but not
all.
City Manager Nagel suggested staff to conduct outreach before Council approved the
ordinance.
Mayor Addiego suggested Chamber of Commerce assistance. Just a thought
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MINUTES - 6 -
Chief Massoni stated Sgt. Lee could contact the Chamber. The venues that may not be
members of the Chamber could be contacted by the Police Department.
Vice Mayor Mullin asked how the language of the new ordinance had been developed.
Was there a boiler plate version or was it created by City?
Chief Massoni explained it was largely similar to the existing ordinance with some
language added by Meyer Nave.
City Attorney Mattas noted the language was based mainly on the experience and input
from the Police Department and all the other City departments.
Councilman Gonzalez agreed with the idea of holding a community forum before bringing
the ordinance back for approval.
Motion -Vice Mayor Mullin/Second -Councilwoman Matsumoto: to waive reading and
introduce an Ordinance Updating Chapter 6.48 of the South San Francisco Municipal
Code, related to Special Event Permits. Unanimously approved by voice vote.
8. Waive reading and introduce an Ordinance amending Chapter 6.78 of the South San
Francisco Municipal Code regarding the Digital Infrastructure and Video Competition
Act of 2006 (DIVCA).
Director of Information and Technology Doug Hollis reported the original Ordinance was
passed last April and since has been reviewed by City staff, Comcast and Astound. The
changes made were outlined in the staff report presented to Council at this time.
Motion: Councilman Gonzalez /Second -Vice Mayor Mullin: to waive read and introduce
an Ordinance amending Chapter 6.78 of the South San Francisco Municipal Code
regarding the Digital Infrastructure and Video Competition Act of 2006 (DIVCA).
Unanimously approved by voice vote.
PUBLIC HEARING
9. LEE, ALFRED TR ET AL -Applicant LEE, ALFRED TR ET AL -Owner 465
GRAND AVE APN - 012305050 P08-0065: SA08-0001, UP08-0010, DR08-0031
& AHA08-0001 Tentative Subdivision Map, Use Permit and Design Review
applications to establish amixed-use condominium project comprised of six
residential dwellings, a 5,442 square foot ground floor commercial unit, common area
and a residential parking garage, with an Affordable Housing Agreement ensuring
twenty percent of the dwellings are restricted to lower income households, at 465
Grand Avenue, in the Downtown Commercial (D-C-L) Zone District in accordance
with SSFMC Title 19 and Chapters 20.26, 20.81 & 20.85.
Public Hearing Opened 8:12 p.m.
Senior Planner Steve Carlson reported the development had been in the works for some
time. Revisions to bring the development into compliance with the affordable housing
agreement have been made. The development entailed a 24,927 square foot mixed use
REGULAR CITY COUNCIL MEETING MAY 12, 2010
MINUTES - ~ -
building comprised of a ground floor commercial unit, six two-story dwellings on the
second and third floors, with 2 units restricted for affordable housing. The owners intend to
incorporate a cool roof, energy efficient heating and cooling units and appliances, and
finishes of sustainable materials. The project has been favorably reviewed by the Design
Review Board ("DRB") the Historic Preservation Commission, and the Downtown Parking
Place Commission.
Planner Carlson noted the applicant, Antonio Brandi, would like to give a presentation and
was available to answer questions from Council.
Mr. Brandi noted the project had been in development for six (6) years and the owner
was ready and willing to take the necessary steps to bring it to completion. He continued
that the design of the building was not happenstance but a result of the numerous reviews.
Specific features of the design pointed out included: a parking site located next to the
site, elevator to second level units, commercial space, separate entrances to commercial
space, a residential character to the upper levels to set it apart from commercial area in
order to lessen the look of living in a commercial building, and a flat roof intended solar
panels.
Councilwoman Matsumoto applauded the concept but had a number of concerns including:
the owner's commitment to incorporate green items, the blank wall next to the parking
being a target for graffiti, and greenery/landscaping of the parking lot. She requested to see
pictures of the types of materials used for the exterior, details of the iron balconies, and
more attention to the windows as she found them to be very plain. She also requested to
see the Covenants, Conditions and Restrictions ("CC&R's") if the units were to be
condominiums. She took issue with the lack of landscaping and requested more than a
single tree and would like a better picture of what would be done on the lane. Lastly, she
requested a picture up front, similar as to what was provided with the Lowe's
development, and felt the diagrams provided were insufficient.
Mayor Addiego wanted to congratulate the owner for bringing the project forward. He
noted his excitement about the fact that it was private dollars making such an investment.
He liked the building and felt it was a good direction for downtown.
Councilman Garbarino agreed with the Mayor and envisioned this type of development on
Grand as well. However, he also agreed with Councilwoman Matsumoto
in that the development was devoid of any landscape, noting only one plant. He questioned
if the refuse bin was boxed off. He wondered if there could be a negotiation to bring the
owner of parking lot into the project.
Mr. Brandi noted the owner was fully committed to using green technology and sustainable
materials. He also stated the parking lot belonged to the neighboring building but agreed
that reaching out to lot owner would be a good idea. The building was constructed of
concrete, not plywood and plaster. Regarding the landscaping, land space was the main
issue. He agreed to take all of Council's concerns under consideration and address them
accordingly.
Vice Mayor Mullin questioned what approaches could be taken to combat graffiti. He also
questioned the impact on 3rd Lane and asked the differential. He requested a better
REGULAR CITY COUNCIL MEETING MAY 12, 2010
MINUTES - 8 -
representation of the back of the project but liked where the project was going.
Mr. Brandi noted a specific type of the used at BART stations that prevent graffiti
from adhering to the surface. The differential from the street to the alley was 9.5 feet.
Real elevation was represented on the elevations sheet (A4).
Councilman Gonzalez would like to see a picture of the parking lot and would like to have
it use the same colors of parking lot that is being built further down on Miller. While he
liked the design, he concurred with Councilwoman Matsumoto on some of the details
namely, the front in which there is no distinguishing the business, the lack of landscaping
and wall coverage. He added the owner of the adjacent lot may or may not have thoughts
of building but if they did build the windows could be covered. He worried about residents
hanging clothes out and taking care of the planters.
Councilwoman noted similar concerns as to why she requested to see the CC&R's.
Vice Mayor Mullin was concerned about the placement of satellite dishes as he considered
the eyesores that would diminish the look of the buildings and referred to Archstone as an
example.
Mr. Brandi referred to Exhibit B, which stated common areas could not be utilized for
personal matter.
It was questioned how involved Council could get with the CC&R's.
Attorney Mattas stated if Council desired it could make stipulations for the CC&R's.
Council requested staff to comeback for further consideration with the details requested
and told the owner to not be discouraged as it was a nice concept.
Attorney Mattas advised Council could close the Public Hearing and have the item brought
back as a presentation or keep it open.
Council agreed to close the Public Hearing and have it brought back the first meeting of
June as a presentation.
Public Hearing closed 8:30 p.m.
ADMINISTRATIVE BUSINESS
10. Determinate whether Council Members will continue to receive the option of Partial
Discretionary Benefit Option ("DBO") Benefits.
Human Resources Director Kathy Mount requested clarification as if Council wished
continue receiving the Partial DBO or switch to an all or nothing status in which they
would receive the allotted $550 in lieu of benefits.
Mayor Addiego asked what Council currently did and if he would be able to continue with
his current practice of using the dental portion without receiving the remaining DBO.
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MINUTES - 9 -
Director Mount stated that would not be a problem. Currently Council received
partial DBO whereas all other employees receive either the $550 cash in lieu or benefits,
the all or nothing option.
Vice Mayor Mullin felt Council should sync up with the rest of the City workforce and
opted for the all or nothing option.
Councilman Gonzalez requested clarification as to whether or not he would be able to
continue to utilize the vision and dental coverage and receive the remaining DBO.
Cit Manager Nagel noted it seemed the majority of Council wanted the all or nothing
option. This scenario would not allow Councilman Gonzalez to continue with his current
arrangement.
Council gave direction to provide them with the same benefit provided to all other
employees. This was referred to as "elect either coverage under City's medical, dental and
vision insurance or elect Defined Benefit Option $550 cash payment in lieu of any medical,
dental or vision coverage."
CLOSED SESSION
11. Pursuant to California Government Code Section 54957 Public Employee
Performance Evaluation Position: City Attorney.
Mayor Addiego asked Council if they would agree to put off the Closed Session until
the Study session of May 19.
City Manager Nagel suggested perhaps putting it of until the Study Session scheduled for
May 24, as the agenda for the May 19 session was already lengthy.
Mayor Addiego and Council agreed.
COMMUNITY FORUM
None.
ADJOURNMENT
Being no further business, Mayor Addiego adjourned the meeting at 9:01 in honor of Jose
Manuel Lopez.
Submitted by:
Anna M. Brown, Deputy City Clerk
City of South San Francisco
Appr ved:
e~~
Mark .Addiego, Mayor
City of South San Francisco
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MAY 11,, LULU