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MINUTES
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
REGULAR MEETING
MUNICIPAL SERVICES BUILDING
COMMUNITY ROOM
33 ARROYO DRIVE
WEDNESDAY, APRIL 28, 2010
CALL TO ORDER:
ROLL CALL:
7:01 P.M.
Present: Councilmen Garbarino and
Gonzalez and Councilwoman
Matsumoto, Vice Mayor Mullin,
and Mayor Addiego.
Absent: None.
PLEDGE OF ALLEGIANCE: Led by Seana O'Shaughnessy of Rebuilding Together
Peninsula
PRESENTATION
Senior Mobility Initiative Corinne Goodrich -Strategic Development Manager for
SamTrans.
Corinne Goodrich presented a Senior Mobility Action Plan PowerPoint Presentation. The
PowerPoint demonstrated current and projected concentrations of seniors in San Mateo
County. Ms. Goodrich explained SamTrans was coordinating and developing services with
MTC's new Freedom Program. She further described services such as the Senior Mobility
Guide, Vehicle Sharing Programs and the Volunteer Driver Program.
• Mosquito and Vector Control and West Nile Virus Awareness Week Proclamation
presented to South San Francisco Representative to the Mosquito Abatement
District, Ray Honan
President of the San Mateo County Mosquito Abatement District Ray Honan appeared and
advised Council of the District's efforts to abate mosquitoes in the County.
Council then presented a Proclamation recognizing the threats posed by West Nile Virus
and proclaiming April 26th through 30th as West Nile and Vector Control Awareness
Week in the City.
Certificates of Recognition presented to Police and Fire Lion's Club Award
Recipients: Fire Captain Paule Medeiros and Police Officer John Stankewicz.
Fire Captain Paule Medeiros and Police Officer John Stankewicz were recognized for the
awards bestowed upon them by the Lion's Club. Captain Medeiros' award was bestowed
for securing grant monies for the Department. Officer Stankewicz had organized an active
shooter training and was recognized for this achievement.
AGENDA REVIEW
City Manager Nagel advised items 3 and 5 were removed from the agenda.
PUBLIC COMMENTS
ITEMS FROM COUNCIL
• Announcements.
• Committee Reports.
Councilmembers reported on attendance at community meetings and events, including a
HEART Meeting, a League of California Cities Policy Committee Meeting, and a
presentation of Council's Certificate of Recognition to Harry Cullen in honor of his 90tH
birthday. Council congratulated Chief White and Fire Department staff for a partnership it
had formed with PARCA benefitting children with special needs. Specific items for further
action and/or consideration were set forth as follows:
Vice Mayor Mullin requested that Council consider adopting a Resolution in support of
H.R. 5061 The -San Francisco Bay Improvement Act of 2010 at a future meeting. The
legislation sponsored by Congresswoman Speier would bring funding to the region for the
purpose of cleaning up, restoring and protecting the Bay and its wetlands.
CONSENT CALENDAR
Motion to approve the minutes of March 24, 2010.
2. Resolution 36-2010 approving an agreement sponsoring the operation of the South
San Francisco Farmers' Market by Pacific Coast Farmers' Market Association
(PCFMA).
3. Resolution approving application for grant funds for the Urban Greening Grant
Program for the Transit Village Greenway.
Item not heard.
4. Resolution 37-2010 approving Amendment No. 5 to the Employment Agreement
between the City of South San Francisco and Barry M. Nagel for service as City
Manager and Executive Director of the Redevelopment Agency.
5. Resolution approving application for grant funds from the Safe Drinking Water,
REGULAR CITY COUNCIL MEETING APRIL 28, 2010
MINUTES - 2 -
Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of
2006.
Item not heard.
Motion- Councilman Garbarino/Second- Councilman Gonzalez: to approve Consent
Calendar Items Nos. 1 and 4. Unanimously approved by voice vote.
Item No. 2: Mayor Addiego questioned whether the proposed rent increase for the BART
location was the sole reason the Farmer's Market was proposed to be moved back to
Orange Memorial Park.
Assistant to the City Manager Kennedy advised that although rent was a factor in the
recommendation, the Orange Park location had changed since the Market was last held
there in 2007. The Park had been renovated to include many new features and access to the
Park was now also supported by Centennial Way. In addition, patrons wanted the market
back at the park.
Mayor Addiego advised he liked the BART venue and thought parking was ample at the
location. He expressed disappointment in PCFMA's ability to promote a premier iocation.
Motion- Councilman Garbarino/Second- Councilwoman Matsumoto: to approve
Resolution No. 36-2010. Approved according to the following voice vote: AYES:
Councilmembers Garbarino, Gonzalez and Matsumoto and Vice Mayor Mullin; NOES:
Mayor Addiego; ABSTAIN: None; ABSENT: None.
PUBLIC HEARING
.6. Resolution No. 38-2010 approving the FY 2010-2011 One Year Action Plan for the
Community Development Block Grant program.
Public Hearing opened: 7:53 p.m.
Community Development Coordinator Adams presented the staff report recommending the
CDBG allocations for 2010/2011. Council then invited public comments.
Diane Papan from John's Closet thanked Council for its past support and encouraged its
continued support. John's Closet operates in a classroom in Daly City and provides
clothing for school aged children.
Anne Marquart of Project Sentinel thanked Council for its past support for fair housing
services and requested its continued support of such programs.
Maryam Bimji of Safe Harbor thanked Council for its continued support of its programs to
help people stay of the streets.
Yvonne Frazier the Executive Director of the Service League thanked Council for
consideration of its request for a jointly funded case manager.
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Carol Torno of the Center for Independence of the Disabled explained Council's support of
its programs would assist the aging baby boomers population.
Seana O'Shaughnessy of Rebuilding Together thanked Council for its support and provided
a report on the past Saturday's National Rebuilding day, which had been very successful in
South San Francisco
Councilmen Garbarino and Gonzalez expressed interest in seeing certain Veterans'
Programs for CDBG consideration in the next fiscal year.
Public hearing closed: 8:11 p.m.
Motion- Councilman Garbarino/Second- Vice Mayor P~Iullin: to approve Resolution No.
38-2010. Unanimously approved by voice vote.
7. Zoning Ordinance Update Citywide P07-0136: ZA07-0007 & ND07-0004 Public
hearing on the City-wide Comprehensive Zoning Ordinance Update, Zoning Map and
Mitigated Negative Declaration. A Resolution making findings and adopting the
Initial Study and Negative Declaration for the South San Francisco Zoning Ordinance
and Map Update An Ordinance making findings, repealing Title 20 of the South San
Francisco Municipal Code, except for Chapter 20.25, and adopting the South San
Francisco Zoning Ordinance and Map Update.
Public Hearing opened: 8:14 p.m.
Senior Planner Beaudin delivered the staff report presenting the Citywide Zoning Update
proposal. He explained staff and the Planning Commission had evaluated and proposed
updated zoning regulations to fashion broader land use regulations. A combination of goals
guided the update and multiple stakeholder interviews were conducted. Joint City Council
and Planning Commission meetings had also been conducted on the subject and the
Planning Division website solicited input from zoning code users. Senior Planner Beaudin
them provided a PowerPoint Presentation highlighting the key points of the proposal.
He advised the proposal made zoning consistent with General Plan Land Use Regulations,
improved definitions and articulated rules of measurement. The proposal further provided
for additional flexibility in the review process and brought the code consistent with current
state law. Landscape and design standards were updated. The Planning Commission had
unanimously approved the proposal at its March 13t" meeting. Staff had received
comments from the public raising concerns regarding medical marijuana zoning and plans
for the Lindenville area. Additional concerns had been raised regarding freight forwarding
use in the east of 101 Area generally and provisions relating to mobile vendor services.
Recess: 8:45 p.m.
Meeting resumed: 8:50 p.m.
Attorney Scot Candell representing Island of Health thanked Council for considering
permitting a medical marijuana collective in the zoning proposal. His biggest concern with
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the proposal was its limitation to 1 collective and the proposed patient maximum. He noted
patients share the cost of operating the facility and this presented a problem as overhead
costs were fixed.
Danny D. addressed the counterpoint that patients can grow medical marijuana for
themselves. He stated Island of Health's position that the medicine is not easy for patients
to grow and is a labor intensive undertaking. In addition, many patients were physically
incapable of growing the medicine due to weakened conditions.
Pat Murphy, the owner of property at 179 South Utah Street spoke in opposition to the
proposal's provision for a medical marijuana facility in the City. She cited the risk of
crime and deterioration of property values as reasons for disallowing such facilities in the
area.
Attorney David Owen of San Francisco spoke in favor of provisions permitting medical
marijuana collectives and encouraged Council to consider expanding the scope of the
ordinance. He noted that clear, clean and consistent rules would prevent problems with
medical marijuana facilities.
Resident Michael Allen requested that Council consider including a provision in the
ordinance that would clean up the school zone issue as related to wireless antenna towers.
Land Use Attorney Alice Barkley advised she was representing several East of 101
property owners that had requested certain ideas to be implemented as amendments to the
zoning ordinance related to the use permit process. She noted that while the City's vision
was admirable, economic times were difficult.
Melissa Brant off Bated with Centrix Builders and Lindenville Property Owners
encouraged Council to effect positive changes to the zoning code as had been conveyed to
staff and the Planning Commission.
Kelly Pepper advised she had been working with East of 101 property owners for the past
few months. She advised of concerns she had relating to certain definitions, including that
related to a "planning parcel." She also requested changes to the section relating to
abandonment.
Marshall Hyclorn expressed the opinion that the proposal was harmful to small business
and requested that Council permit modified industrial uses as conforming unti12024.
Jack Nickel stated that the City was facing a 13% unemployment rate and opined the
proposal would increase this statistic due to its impact on small businesses. He encouraged
council to reconsider the portions of the proposal relating to industrial zoning.
Andrew Lapkin requested that Council consider changing the proposal to allow industrial
uses in the East of 101 Area to remain as conforming uses until 2024. He stated that if this
wasn't accomplished it would be akin to forced condemnation on his building.
Sid Berenstein advised he owned property located at 501 South Airport Blvd. He
explained the zoning changes would mean his property was now zoned for commercial,
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retail or a hotel use. He believed these uses were not currently feasible and urged Council
to reconsider this designation or consider a moratorium for the area.
Commercial Realtor Mark Melbye stated Council was upzoning in the
East of 101 Area, and opined the current market would not support the changes. He
requested that Council hold off on a decision and study the East of 101 Area more closely
before making a decision.
Bill Hill representing the ownership of Matagrano Inc. located at 440 Forbes Blvd.
explained the business was family owned and operated since 1972 and employed 200
people. The business was successful and expanding and held the promise of 15-20% more
jobs. The business would like to stay in South San Francisco but faced being zoned out
under the proposal.
Jeff Markowitz appeared on behalf of Mr. Berkscnheider from HCP. His statement
discouraged action by Council to modify or roll back the proposed prohibitions on freight
forwarding. The proposed state of the art research and development facilities in the area
would support the commercial, retail and other designated uses for the area.
Joe Cassidy of the Lindenville area encouraged Council to work with the business owners
in this area to keep their businesses operating.
Geraldine O' Connor of Genentech's Local Government Affairs Division expressed
concerns over the restrictions on mobile vendors and asked that Council reconsider the
position recommended on this issue.
Public Hearing closed: 9:54 p.m.
Councilman Gonzalez stated he would like mere time to consider the record on the subject,
including comments made during the evening as well as e-mails received and the materials
presented by staff. He did not believe he would yet be able to vote on the proposal.
Councilman Garbarino noted that he also was not ready to vote on the issue. He stated he
had concerns regarding permitting a medical marijuana facility in the City, but was open to
the possibility. He believed the 150 patient cap made sense. Further he would like to
support Ms. O' Connor's requests relating to mobile vendors, but would like to see business
license requirements built into the ordinance. With regard to the East of 101 Area, he saw
many issues, but he did not want to just carte blanche move away from the proposed vision
for the area. He asked staff the potential outcome if alternative uses were proposed in the
area.
Senior Planner Beaudin responded that present freight forwarding could continue, but a
warehouse use could not be converted to a freight forwarding use under the proposal.
Vice Mayor Mullin commended staff and the Planning Commission for the many hours
spent dealing with the issues and creating the proposal. He also requested to hold off on
voting to permit Council additional time to meet with stakeholders. He further questioned
the abandonment period for nonconforming uses and noted the 3 year time limit in the
proposal. He questioned the time limits applied in other cities.
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Senior Planner Beaudin advised 6 months was the average and 2 years was the highest he
had otherwise come across in San Mateo County. Accordingly, the 3 year time period was
generous.
Vice Mayor Mullin next asked staff for clarification of revisions related to residential
zoning and design issues. He noted Council had participated in study sessions concerning
monster homes, residential parking, residential set back issues and height restrictions.
Senior Planner Beaudin advised that no changes had been made to single family home
parking regulations. Some parking modifications were being proposed in the Downtown
District.
Vice Mayor Mullin stated he would like to further scrutinize the issues of mobile vendor
services, and freeway commercial zoning in the South Airport Corridor.
Councilwoman Matsumoto stated she visited the Harborside Health Clinic and was
impressed with the quality of the building and level of security it offered. She stated she
was open to considering permitting such a facility in the City, as long as it was properly
regulated and limited. She further expressed interest in the proposed landscaping and
design standards and thought it would be beneficial for Council to study these in more
detail.
Mayor Addiego expressed interest in revisiting the residential zoning regulations and
requested that staff consider touring the City with Councilmembers to consider these
issues. He reminded Council and staff of conversations related to the notion that tandem
parking didn't work. Mayor Addiego further addressed concerns related to industrial uses
in the East of 101 Area and noted the importance of pushing forward with Council's vision
while keeping certain businesses within the City.
Council agreed to continue the hearing to March 25, 2010 to permit time to consider
various issues that arose during the course of the evening.
8. Resolution No. 39-2010 establishing a sewer capacity charge increase for Fiscal Year
(FY) 2010-2011, and amending the master fee schedule to include the sewer capacity
charge.
Public Hearing opened: 11:02 p.m.
Director of Public Works White presented the staff report recommending establishment of
a sewer capacity increase for Fiscal Year 2010-2011 and amendment of the Master Fee
Schedule to reflect the change. He explained that changes over the past 10 years and the
need to meet certain state requirements were driving the recommendation.
Resident Michael Allen, a plumber, questioned whether a homeowner desiring to add
fixture units would be subject to this change.
Director White so confirmed.
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Motion- Councilman Garbarino/Second- Councilwoman Gonzalez: to approve
Resolution No. 39-2010. Unanimously approved by voice vote.
COMMUNITY FORUM
Mayor Addiego requested the meeting be adjourned in honor of Lois Severi's son Mark
Severi.
ADJOURNMENT
Being no further business, Mayor Addiego adjourned the meeting at 11:21 p.m. in honor of
Mark Severi.
Submitt by. /.~ /~--- Approved: _
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~ i art i- on, Cit lerk Mark N. Addiego, Mayor
City of South an Francisc City of South San Francisco
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