HomeMy WebLinkAboutMinutes 2011-01-12 (2)~~o~~x SAN_~9 MINUTE S
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CITY COUNCIL
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REGULAR MEETING
MUNICIPAL SERVICES BiJILDING
COMMUNITY ROOM
33 ARROYO DRIVE
WEDNESDAY, JANUARY 12, 2011
CALL TO ORDER: TIME: 7:05 P.M.
ROLL CALL: PRESENT: Councilmembers Addiego
Gonzalez and Matsumoto, Vice Mayor
Garbarino and Mayor Mullin.
ABSENT: None.
PLEDGE OF ALLEGIANCE: Led by Mayor Mullin.
PUBLIC COMMENTS
Zach Herrera and Diana Merito members of the South San Francisco High School Band
appeared to invite Council and the Public to various of the 13and's upcoming fundraising
events, including an awake-a-thou in February, a March 19t" Golf Tournament and a March
26t" Flea Market and eWaste event. The Band was seeking to raise funds for a trip to
Washington DC as it had been nominated by Congresswoman Speier to participate in the
Independence Day Parade.
ITEMS FROM COUNCIL
• Announcements.
• Committee Reports.
Councilmembers reported on attendance at community meetings and events, including the
installation of the Honorable Roberto Bernardo to the San Mateo County Harbor
Commission, a SamTrans meeting, a TA Meeting, a HOPE Meeting and a Water
Conservation Meeting. Announcements were made regarding; the CPTF eWaste event that
would take place on January 21St and 22°d at the Main Fire Station. Specific items for
further action and/or consideration were set forth as follows:
Councilwoman Matsumoto requested that the meeting be adjourne;d in honor of Katherine
Battaglia, the mother of the Honorable City Treasurer Dick Battaglia.
Vice Mayor Garbarino requested that the meeting be adjourned in honor of longtime
resident, and former Library Commissioner, William Boldenweck.
Councilman Gonzalez advised parents of school children enrolled in the South San
Francisco Unified School District to contact the School District to learn more about
meetings with acting Superintendent Adolfo Milar at their children's school(s).
Councilman Addiego expressed concern over the recent homicides in the City. He read
quotes that Mayor Mullin had provided to the press and echoed the Mayor's sentiments.
"This is a sad day for South San Francisco... [W]e pray for the victims and our thoughts
are with the victims' families as they endure this tragedy... [F]ull resources will be brought
to bear...[W]e will step up police presence in this particular neighborhood, which has
experienced gang activity in recent years, and our police department will continue its full
participation in the county-wide gang task force...[T]he cycle- of violence must be stopped
and it will take the efforts of an entire community to do so. The city will continue to reach
out and engage families in this neighborhood to develop solutions to this violence."
Councilman Addiego emphasized that a lot of work was ahead of the City and Community
in terms of breaking the cycle of violence.
Mayor Mullin provided an update to residents relating to th.e homicides and community
engagement related to the incident. He emphasized the City's commitment to full
engagement of the neighborhood and the importance of a dialogue regarding prevention.
He invited Chief of Police Massoni to address the public.
Chief Massoni stated the triple homicide was unprecedented in Sc-uth San Francisco. He
advised the Police were tracking down leads but needed the community's help. He
explained an anonymous tip line had been established at 650-829-3700. To date, the line
had only received 4 calls. He further advised that a good majority of the City's officers
were presently assigned to the area and to tracking down leads and information relating to
the incident.
Councilman Gonzalez relayed the portion of the chief s message pertaining to the tip line
in Spanish.
CONSENT CALENDAR
1. Motion to approve the minutes of November 17, 2010, :December 6, 2010, December
8, 2010.
2. Motion to approve expense claims of January 12, 2011.
3. Motion to accept the Gateway Boulevard Street Improvements Project as complete in
accordance with the plans and specifications.
4. Resolution No. 1-2011 authorizing the City Manager to execute an agreement with
Dell Marketing, L.P., of Round Rock, Texas (Dell) to purchase storage area network
(SAN) disk drives.
REGULAR CITY COUNCIL MEETING JANUARY 12, 2011
MINUTES - 2 -
5. Resolution No. 2-2011 approving the purchase of a tactical command vehicle to
augment the Police Department's authorized vehicle fleet and amend the Police
Department's 2010/11 Operating Budget by $50,000 from drug seizure funds for the
cost of the vehicle.
6. Resolution No. 3-2011 in support of the City's application for CCAG's 5th Cycle
Transit Oriented Development (TOD) Housing Incentive Program.
7. Resolution No. 4-2011 accepting a grant amendment in the amount of $50,000 from
the Bay area Suburban Area Security Initiative (SUASI) to purchase Urban Search
and Rescue (USAR) training site tools and equipment; amending the Fire Department
2010/2011 Operating Budget, and authorizing the City Manager to sign a
Memorandum of Understanding.
Motion- Councilman Addiego/Second- Councilman Gonzalez: to approved the consent
calendar. Unanimously approved by voice vote.
PUBLIC HEARING
8. Waive reading and introduce an Ordinance adding Chapter 20.410 to the South San
Francisco Municipal Code to establish Medical Marijuana Regulations in accordance
with SSFMC Chapter 20.550.
Public Hearing opened: 7:40 p.m.
Chief Planner Kalkin presented the staff report. She remir-ded Council that in October
2009 it adopted a moratorium on the issuance of use permits and building permits for
medical marijuana facilities within City limits. This moratorium was issued in part to
allow staff to study the issue as part of a comprehensive zoning update. In approving an
extension of the moratorium, the City Council directed staff to explore options to allow a
limited number of medical marijuana facilities, and impose stricter regulations than existed
in the City's 2006 medical marijuana ordinance.
At various hearings on the zoning update in the spring of 2010, Council requested to await
the outcome of California State Proposition 19 before making any final determinations
regarding local regulation of marijuana. The proposition had since failed state-wide, and
was opposed by 56.3 percent of voters in South San Francisco. In the meantime, Council
repealed the City's former zoning ordinance and adopted an entirely new zoning ordinance,
which did not include any medical marijuana regulations. Because the City's moratorium
was set to expire prior to the November 2010 election, Council extended the moratorium
such that it would remain in effect and not expire until Octobc;r 2011.
Of the 21 jurisdictions within San Mateo County, three (3) allow medical marijuana
facilities, three (3) ban facilities, five (5) have adopted temporary moratoriums and 10 have
no regulations.
REGULAR CITY COUNCIL MEETING JANUARY ] 2, 2011
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Chief Planner Kalkin then reminded Council of the terms included in the present draft of
the ordinance including the prohibition of onsite cultivation, the permission of only one (1)
facility within City limits and the limit of 150 patients permitted to use that facility. Staff
recently inquired with the County and learned that 342 medical marijuana use cards had
been issued County-wide and 13 of those were issued in South San Francisco. However,
staff and various members of the audience pointed out that number was not necessarily
representative of patients in possession of authorized prescriptiions.
Chief Planner Kalkin explained Council also faced a determination with respect to the
selection process for the facility. For example, would the e~:isting use permit process be
employed based on the first complete application submitted or would a competitive
selection process or lottery system be established.
Mayor Mullin then invited members of the public desiring to address Council.
Pat Murphy, the owner of property on Utah Street recalled that at meetings last year
Council intended to look at the outcome of Prop 19. She asked council to consider that
56.3% of South San Francisco voters opposed the legalization of marijuana. She also
stated that California cities that had permitted medical marijuana facilities experienced
increases in crime related to the facilities. She also alluded to an apparent conflict of
interest in statements that cultivation would be regulated ar~d not permitted at the same
time.
Land use attorney Laura Blair commented on her experience permitting medical marijuana
facilities in the City of Oakland. She explained workable solutions exist and thanked
Council for grappling with the issue.
Vietnam Veteran William Middleton explained his medical marijuana prescription has
helped with various medical pain and discomfort he experiences. Because of his
prescription he is able to eat, sleep and live a healthier life style. The marijuana medication
is also easier on his liver than other medications.
Danny Dorman with Island of Health explained the group's application had been approved
by the Planning Commission in October of 2009. The group was still committed to
servicing the hundreds of South San Francisco patients that Dive and work in the city. He
requested that Council allow the Island of Health exclusive: negotiating rights under the
terms of a new conditional use permit. He provided Council with a letter from Karl
Hansen of Poletti Realty.
Carlos Mazola supported the ordinance and the Island of Health's application. He
explained his experience serving as Chief of Staff of the entity that wrote Oakland's
medical marijuana ordinance. He explained the positive impacts of medical marijuana and
its preferability over synthetic medications.
Richard Comstock explained the benefits of his medical rr~arijuana treatment and urged
Council to permit the Island of Health to move forward with its plans.
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Attorney Scott Candell thanked Council for putting the item back on its calendar quickly.
He explained his personal experience with the positive benefits of medical marijuana and
urged Council to consider the Island of Health's application.
Yvonne, a resident of South San Francisco, advised she had been a medical marijuana
patient for over 22 years. She does not carry a card, because her prescription is sufficient.
She urged Council not to limit the rights of patients seeking holistic health alternatives.
Public Hearing Closed: 8:19 p.m.
Councilwoman Matsumoto disclosed she had met with sever°al members of the Island of
Health prior to the meeting. She made several points of clarification including that
Proposition 19 did not address the use of medical marijuana, but the legalization of
marijuana generally. She questioned whether Council had the option to rescind the use if
ultimately permitted. She also questioned the rationale behind the proposed patient limit of
150. She further noted that upon installation of terms and conditions, she recommended
mandating surveillance cameras around the entire facility and parking lot.
Associate City Attorney Grossman advised the ordinance could be rescinded, but an
operating facility could remain as a nonconforming use.
Chief Planner Kalkin explained the 150 patient limit had been recommended as a cautious
approach to addressing the need in South San Francisco. Because exact South San
Francisco patient numbers were unavailable, it was recommended to start small and go up
as necessary. She opined it would be more difficult to adjust t:he numbers downward.
Vice Mayor Garbarino disclosed he had met with members of the Island of Health prior to
the meeting. He expressed his desire to permit only one facility within the City. He
echoed Councilwoman Matsumoto's preference for security cameras around the facility.
He questioned whether the City could grant a permit subject to annual review.
Associate City Attorney Grossman advised that a conditional use permit could be revoked
assuming findings justifying revocation had been made.
Councilman Gonzalez stated his difficulty with the Compassionate Use Act due to the
devastating effects of marijuana on families and communities. He noted that many medical
professionals continually warn about the devastating affect of marijuana on teens and
pointed out the drug was still illegal for recreational use. He sympathized with persons
truly in need of medical marijuana. He expressed concern, however, that there was no way
to test if a person was driving under the influence of marijuana.
Councilman Addiego expressed support for medical marijuana, as many prescription drugs
impair human functions. He expressed reluctance to sign on to the concept of permitting
only one (1) facility within City limits.
Mayor Mullin disclosed that he had talked with representatives ofd the Island of Health on
the phone. He questioned whether a Court decision on the issue could undercut the City's
determination one way or another.
REGULAR CITY COUNCIL MEETING JANUARY 12, 2011
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Associate City Attorney Grossman explained that it was a matter of evolving law with
respect to the permission of facilities, outright bans, etc.
Mayor Mullin then requested more information from staff regarding the facility in the City
of San Mateo.
Associate Planner Billy Gross explained the San Mateo facility had been approved in mid-
2010. So far, an inspection of the facility had been completed and building and fire code
issues were being resolved.
Mayor Mullin questioned the recommended selection process if Council determined to
permit one (1) facility within City limits. He noted that Island of Health had previously
submitted an application.
Chief Planner Kalkin noted the proposal was for a selection committee to review the
applications and use permit process.
Councilwoman Matsumoto stated support for the competitive process. Councilmembers
agreed and Councilman Addiego stated the addition of a competitive process might affect
his determination on the issue. Accordingly, Council continued the item and directed staff
to come up with language in the ordinance that would establish. a competitive process for
selection of the successful use permit applicant.
Recess: 9:08 p.m.
Meeting resumed: 9:19 p.m.
9. Waive reading and adopt an Ordinance Repealing Chapters 15.06, 15.08, 15.12,
15.16, and 15.20 of the South San Francisco Municipal Code; and adopting Chapters
15.06 (Uniform Administrative Code), 15.08 (California Building Code), 15.12
(California Plumbing Code), 15.16 (California Mechanical Code), 15.20 (California
Electrical Code), 15.22 (California Green Building Standards Code), and 15.26
(California Energy Code) of the South San Francisco Municipal Code in order to
adopt by reference and amend provisions of the 2010 Edition of the California
Building Standards Code, Title 24, California Code o f Regulations; and set public
hearing on the record for adoption. Motion to continue to the regular meeting of
February 9, 2011.
Motion- Councilwoman Matsumoto/Second- Councilman Gonzalez: to continue the
public hearing to the regular meeting of Wednesday, February 9, 2011. Unanimously
approved by voice vote.
10. Waive reading and adopt an Ordinance repealing Chapter 15.24 of the South San
Francisco Municipal Code; and adopting Chapter 15.24 (Fire Code) of the South San
Francisco Municipal Code in order to adopt by reference and amend provisions of the
2010 Edition of the California Fire Code; and set public hearing on the record for
adoption. Motion to continue to the regular meeting of lebruary 9, 2011.
REGULAR CITY COUNCIL MEETING JANUARY 12, 2011
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Motion- Councilman Gonzalez/Second- Councilwoman T/Iatsumoto: to continue the
public hearing to the regular meeting of Wednesday, Febniary 9, 2011. Unanimously
approved by voice vote.
ADMINISTRATIVE BUSINESS
11. Motion accepting the Community-Wide Greenhouse Gas Emissions Inventory as
recommended by the Planning Commission.
Assistant to the City Manager Kennedy appeared on behalf of the Sustainable South San
Francisco Division. She explained that in an effort to comply with AB 32 and SB 375 and
help reduce green house gas emissions, staff was authorized to hire a consultant to perform
a Community-wide Greenhouse Gas Emissions Inventory. The PMC firm completed the
inventory, which was an essential step to development of a Climate Action Plan. She then
introduced Mr. McCormack of PMC who presented the resull:s of the inventory to Council
for acceptance.
Mr. McCormack began his presentation by explaining that i=unding for the program was
secured through a Department of Energy Grant in the amount of $323, 642.00. He ran
through the major aspects of the study, including an accounting of greenhouse gas
emissions within the community and projections through 2020. He explained that being an
early adopter of a Climate Action Plan would yield good positioning for future funding.
He noted that if the community continued to operate with business as usual, emissions at
about 13.8% could be expected by 2020. Mr. McCormack next provided a graphical
representation of state emission reduction goals- 18.5% would likely be the goal. The
Climate Action Plan could be built around this goal and strategies could be developed
accordingly.
Councilwoman Matsumoto questioned and suggested various programs that might be
implemented as part of the climate action program.
Assistant to the City Manager Kennedy advised the progr~un would actually suggest a
robust list of specific programs and projects, including a ;pedestrian plan for lowering
emissions.
Councilman Gonzalez recommended moving quickly to inform the community of the
programs. He noted many residents were not up to speed on the climate change issue and it
would be important to educate and inform them.
Mayor Mullin applauded the comprehensive program. He commented that land use
decisions represent a surprisingly significant percentage of potential reductions. He
observed that when smart growth is done right the benefits are realized community-wide,
and not necessarily only within city limits.
Mr. McCormack responded that land use is a very important component of improving
connectivity within the community. Land use concepts will be included in a proposal to
the strategic growth council. He noted a sustainable community strategy should look at the
nexus between land use, transportation and housing for smartc;r and more efficient growth.
REGULAR CITY COUNCIL MEETING JANUARY 12, 2011
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Motion- Councilwoman Matsumoto/Second- Councilman Gonzalez: to accept the
Community-wide Greenhouse Gas Emissions Inventory as recommended by the Planning
Commission. Unanimously approved by voice vote.
12. Resolution No. 5-2011 Approving the Annual Impact Fee and Sewer Capacity Charge
Report.
Director of Finance Steele presented the staff report advising that State law authorizes the
City to collect impact fees and sewer capacity charges from new development to fund
public facilities required as a result of the new development. The California Government
Code requires the City to review the status of collected impact fees and sewer capacity
charges on an annual basis. The report provided information related to the status of the
City's impact fee funds and the sewer capacity charges fund for the fiscal year ending June
30, 2010. He noted that due to the economic downturn, new development was not
occurring at the same historical rate thereby delaying the funding from these revenues.
Director Steele's Report noted that the Childcare Impact fee was at $3,308,618; Oyster
point interchange Impact Fee: $92,684; Traffic Impact Fee: $8,815,319; Sewer Impact Fee:
$79,534; and Sewer Capacity Charges: $277,340.
In response to a question from Councilwoman Matsumoto regarding the timeline for
completing projects for which fees were assessed, City Attorney Mattas noted state law
requires such fees to be returned to developers within a time frame of about five (5) years.
Motion- Councilwoman Matsumoto/Second- Vice Mayor Garbarino: to approve
Resolution No. 5-2011. Unanimously approved by voice vote.
13. Resolution No. 6-2011 authorizing an increase in the I-enalty for parking violations
within the City of South San Francisco to cover an additional State fee increase from
the Budget Act of 2010 (SB 857).
Chief of Police Massoni presented the staff report noting that the recently adopted state
budget calls for an additional $3.00 from the revenue cities generate by issuance of parking
citations. The Chief had been before Council late in 2011) recommending a concomitant
increase of $3 in all parking fines. At that time Council directed staff to research whether
any other city in San Mateo County had increased parking fines accordingly and to
research the feasibility of raising specific fines such as red zone violations to a higher level
to assist in recouping some of the state take away. Staff's research indicated several San
Mateo County cities had increased their fines or were in the process of doing so due to the
$3.00 state take away. In addition, the City Attorney's Office researched the feasibility of
raising specific fines by a higher amount and noted the City could do so with respect to red
zone violations within a specific multiple of the County range.
Mayor Mullin noted that even with the proposed parking fine increase, South San
Francisco's fines would remain at the middle tier County-wide.
Mayor Addiego supported increasing the red zone fee to $50.
Council agreed with this recommendation.
REGULAR CITY COUNCIL MEETING JANUARY 12, 2011
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Motion- Councilman Gonzalez/Second- Councilwoman lvlatsumoto: to authorize an
increase in the penalty for parking violations within the City of South San Francisco to
cover an additional State fee increase from the Budget Act of 2010 and to raise the fee for
parking in a red zone to $50. Unanimously approved by voice vote.
COMMUNITY FORUM
None.
ADJOURNMENT
Being no further business, Mayor Mullin adjourned the meeting at 10:04 p.m. in honor of
Katherine Battaglia and William Boldenweck.
Submitted by:
Krist Mart i, City Clerk
City of South San Francisco
A~,p ed:
/_
Kevin Mul in, Mayor
City of South San Francisco
REGULAR CITY COUNCIL MEETING JANUARY 12, 2011
MINUTES -9-