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HomeMy WebLinkAboutMinutes 1999-05-12 MINUTES REDEVELOPMENT AGENCY/CITY COUNCIL CITY OF SOUTH SAN FRANCISCO SPECIAL JOINT MEETING May 12, 1999 Municipal Services Building Community Room CALL TO ORDER: 6:00 p.m. ROLL CALL Present: Councilmembers Femekes, Mullin and Penna, Mayor Pro Tem Matsumoto and Mayor Datzman. Absent: None ORAL COMMUNICATION: None CLOSED SESSION Pursuant to Government Code Section 54956.8, Real Property Negotiations Related to (1) 1600 E1 Camino Real - Negotiating Parties: South San Francisco Redevelopment Agency and Costco; and (2) City of South San Francisco/San Mateo County Harbor District property located at southeast comer of Gull Road and Oyster Point Boulevard (proposed Hilton Hotel site) - Negotiating Parties: City of South San Francisco and Corporex Entered into Closed Session at 6:02 p.m. Reconvened into Open Session at 7:01 p.m. Mayor Datzman announced that no action was taken. ADJOURNMENT Motion-Mullin/Second-Femekes: To adjourn the Redevelopment Agency/City Council Special meeting at 7:01 p.m. Unanimously approved by voice vote. Respectfully Submitted: Approved: Payne, City Clerk uth San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communications, arguments, and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. CALL TO ORDER: ROLL CALL: Present: Absent: PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING May 12, 1999 Municipal Services Building Community Room 7:40 p.m. Councilmembers Fernekes, Mullin and Penna, Mayor Pro Tern Matsumoto and Mayor Datzman. None Reverend Gary Smith, First Baptist Church of South San Francisco · Proclamation Designating May 9-15, 1999 as Preservation Week Mayor Datzman presented proclamation to Historic Preservation Commission Chairman William Zemke. Proclamation Designating May 16-22, 1999 as Public Works Week Mayor Datzman presented proclamation to Capital Projects Coordinator Ken Metcalf. · Proclamation Designating May 16-22, 1999 as Emergency Medical Services (EMS) Week Mayor Datzman presented proclamation to EMS Coordinator Rick Root. · Proclamations Designating May 1999 as Water Awareness Month Mayor Datzman presented proclamations to California Water Service employee, Rick Hobert, and Westborough Water District Board President Colonel Elmore. · Winners of the Teenage Poetry Contest Library Director Valerie Sommer announced that Ms. Tracy Katz, E1 Camino High School, and Ms. Evita Rapadas, Mercy High School Burlingame were winners of the Teenage Poetry Contest. Cultural Arts Commission Chair Joy-Ann Wendler announced that Messrs. Walter Perry and Joel Morianos were winners of the Cultural Arts Commission's April 23, 1999, Annual Art Show. BART Monthly Update - Jaymie Steen, BART-Community Liaison for South San Francisco, gave a construction update, mentioning that Mission Road will be closed over the May 14- 17, 1999 weekend, and that community outreach has included meetings with Treasure Island Trailer Court residents, Chamber of Commerce members, Mission Road merchants. Information is posted on TCI Channel 3 Community Bulletin Board, and at the West Orange Library, an Information Fair was held at the Daly City BART Station, and Safety Presentations were made at local schools. In response to Councilman Penna, Ms. Steen stated that the South San Francisco BART Station will be fully operational in December, 2001, and full Federal funding is expected. (Cassette Tape No. 2) AGENDA REVIEW: No changes ORAL COMMUNICATIONS Ms. Jan Pont, 111 Belmont Avenue, asked Council to consider permitting a community wide garage sale. Mayor Pro Tem Matsumoto reported that San Mateo has a one-day community garage sale, which is well received. Mayor Datzman asked staff to obtain information about San Mateo's garage sale and to contact Ms. Pont regarding her request. COMMUNITY FORUM Councilman Mullin stated he attended the successful Senior Health and Fitness Fair at the Municipal Services Building on April 30, 1999; and on May 1, 1999 he attended a fashion show at Dominic's Restaurant at Oyster Point, and the Kids Club at the Salvation Army site. He reported that the Board of Supervisors held its first meeting outside of Redwood City on Tuesday, May 4, 1999, at South San Francisco High School Auditorium, and this year's Youth in Government participants held a mock City Council meeting in record time, on Wednesday, April 28, 1999. Mayor Pro Tem Matsumoto announced that she is now a graduate of the Citizens Police Academy class and encouraged others to enroll in the Fall class. Mayor Datzman attended and reported on the May 1, 1999 Alta Loma Park groundbreaking ceremony and congratulated staff for coordinating the event. He also attended Project Read's annual celebration and awards dinner on Friday, May 7, 1999, and commented on the positive service this program offers to the community. Mayor Datzman also recognized the contributions REGULAR CITY COUNCIL MEETING MINUTES MAY 12, 1999 PAGE 2 made by Councilman Mullin, John Herron, and Steve Simondi with regard to the Youth In Government Day program which makes it a successful event. COUNCIL SUBCOMMITTEE REPORTS Councilman Mullin reported on the following: · on April 29, 1999 he attended the Airport Land Use Committee meeting and discussed the San Carlos Airport's safety expansion, and proposed hotels in San Bruno and Half Moon Bay; · on May 4, 1999 he attended the Airport Community Roundtable Legislative Subcommittee, which spoke with the director of NOYSE (National Organization to Ensure a Sound Controlled Environment). He will obtain membership information for the City to consider. This organization lobby's Congress for money to improve areas near airports, and a number of communities on the Peninsula have joined; · on May 5, 1999 he attended the Airport Community Roundtable and he shared his concerns regarding the A3 reconfiguration proposal resurfacing; · on May 13, 1999 the Airport Community Roundtable Noise Complaint Subcommittee will be meeting at South San Francisco City Hall; and · announced his appointment to the Airport Community Roundtable Restructuring Subcommittee, which is looking at many issues regarding the Roundtable, including communities hiring independent counsel for advice and consultation. Councilman Fernekes asked staff to schedule a Cable TV Subcommittee meeting (subcommittee members Fernekes and Datzman), and City Manager Wilson advised that a draft agreement from TCI was received. Councilman Fernekes also announced that South San Francisco Day in the Park is September 18, 1999 and organizers will be meeting in the next two weeks. Mayor Datzman announced that he and Councilman Penna will form a new Council subcommittee to draft a policy concerning requests for dedicating streets, parks, etc., in honor of an individual. CONSENT CALENDAR 1. Motion to Confirm Expense Claims of May 12, 1999 in the amount of $1,903,637.47. Motion to Approve the Minutes of the January 28, 1999 Special Meeting, and April 28, 1999 Regular Meeting o Resolution Nos. 56-99 and 57-99, Directing the Preparation of an Annual Report, Approving the Preliminary Annual Report and Setting a Public Heating for June 9, 1999 for West Park 1 and 2 Parks and Parkways Maintenance District Resolution Nos. 58-99 and 59-99, Directing the Preparation of an Annual Report, Approving the Preliminary Annual Report and Setting a Public Heating for June 9, 1999 REGULAR CITY COUNCIL MEETING MINUTES MAY 12, 1999 PAGE 3 o o for Willow Gardens Parks and Parkways Maintenance District Resolution Nos. 60-99 and 61-99, Directing the Preparation of an Annual Report, Approving the Preliminary Annual Report and Setting a Public Hearing for June 9, 1999 for West Park 3 Parks and Parkways Maintenance District Resolution No. 62-99, Awarding Contract for Demolition of Parks Corporation Yard at Orange Memorial Park and Construction of New Parking Lot in the Amount of $243,000 Motion to Adopt Ordinance No. 1240-99, Repealing Title 8, SSFMC Chapter 8.24 in the Entirety, Adding Title 8, SSFMC Chapter 8.54 Entitled Community Preservation Ordinance Motion to Adopt Ordinance No. 1241-99, Amending SSFMC Section 11.40.210 Regarding Parking Commercial Vehicles in Residential Districts, to Comply with the Provisions of California Vehicle Code Section 22507.5 Motion to Adopt Ordinance No. 1242-99, Amending SSFMC Section 8.48.090, Abatement of Abandoned Vehicles as Public Nuisances, to Comply with the Provisions of the California Vehicle Code Section 22661 10. Resolution No. 63-99, Awarding a Contract to Golden Pacific Construction, Inc., for the Escanyo Drive Sanitary Sewer Replacement in the Amount of $30,705 11. Motion to Accept Grant Offer from the Federal Aviation Administration and Direct the Funds to be Applied to the Capital Improvement Program for Phase XIX C of the Aircraft Noise Insulation Program Motion-Penna/Second-Fernekes: To approve the Consent Calendar as submitted. Unanimously approved by voice vote. PUBLIC HEARING 12. Resolution Approving Terrabay Phase II and III Compliance with the San Bruno Mountain Area Habitat Conservation Plan (continued from the April 28, 1999 City Council meeting) Councilman Penna announced that he would be abstaining from this item in accordance with FPPC rulings and stepped down from his seat. Mayor Datzman reminded those in attendance that public testimony should be focused on the San Bruno Mountain Habitat Conservation Plan and a five minute time limitation was being imposed on speakers. Public hearing opened. REGULAR CITY COUNCIL MEETING MINUTES MAY 12, 1999 PAGE 4 Chief Planner Jim Hamish presented the staff report and mentioned that a supplemental staff report was distributed to Council for their review. Mayor Datzman announced that San Bruno Mountain Watch will give a 15 minute slide presentation after a brief recess. (Recess: 8:40 p.m. - 8:50 p.m.) Mr. David Schooley, Brisbane, narrated a slide presentation of San Bruno Mountain, past and present, which he depicted as our secret wild backyard, and which should be protected. Ms. Charlene Moore, 901 Hillside Boulevard, speaking against the project, asked Council if they had read the books that she had recommended and stated that Council had the power to change San Bruno Mountain from being further developed. She also reiterated her concern that she will no longer have access to the mountain. Mr. John Mascio, 912 Linden Avenue, speaking in favor of the project, stated that Paradise Valley and Brisbane were wetland and habitat areas that were developed and inhabited by the people who are speaking against the habitat conservation plan. He asked that the plan be approved. Mr. Philip Batcholder, 2915A Wheeler Street, Berkeley, speaking against the project, commented on the loss of wetlands and habitat areas in the state and the failure of habitat conservation plans, due to inadequate funding. He stated that Thomas Reid and Associates participated in the environmental review of San Bruno Mountain that has assured his firm many years of work, and is a conflict of interest. He felt many areas were not satisfactorily addressed in the plan and assertions do not add up. Ms. Jacklyn Jehl, 434 Hemlock Avenue, speaking against the project, stated she was still waiting to see a scaled model of Terrabay, and felt the citizens of South San Francisco should be listened to. She also questioned why $1 million was accepted prior to development of Phase II and III. Mr. Del Schembari, 321 Alta Mesa Drive, speaking against the project, stated his concern with the timing of the development, and the dust will effect the habitat. Ms. Karen Latham, 68 Humboldt Road, Brisbane, speaking against the project, felt the HCP has not worked and there is no compelling evidence that it will work. Ms. Cindy Marcopulos, 106 Sutton Avenue, speaking against the project, stated that development on San Bruno Mountain is preventing residents from enjoying its open space, residents will have to travel elsewhere to enjoy the outdoors, and there is a need for natural respites. REGULAR CITY COUNCIL MEETING MINUTES MAY 12, 1999 PAGE 5 Ms. Patricia Hernandez, 391 Ponderosa Road, speaking against the project, asked that the shellmounds be saved and felt their destruction effects the culture and history of the Ohlone Indians. Public heating closed. Councilman Mullin discussed with Tom Reid, of Thomas Reid and Associates, comments made by the speakers regarding the alleged failures of HCPs, lack of scientific review and alleged conflict of interest. Mr. Reid addressed what the City is currently reviewing, what was reviewed in 1982 and the allegations made by the speakers. He stated the HCP is a reasonable plan and has been successful in its implementation. The proposed project is in compliance. Mr. Roman Gankin coordinator for the Habitat Conservation Plan, stated he has been involved with San Bruno Mountain since 1957. He explained that once the deer, antelope, elk, cattle, and other grazing animals left San Bruno Mountain, the grasslands became brush, and the eco system changed. He stated that the developers have met the issues of compliance. Mr. Gankin also addressed the funding issue, and informed the Council that if the number of dwelling units is decreased in a development the CC&R' s fees must be increased to support the HCP. City Manager Wilson, member of the San Bruno Mountain JPA, responded to the conflict of interest statement by explaining a RFP was circulated. Thomas Reid and Associates was selected from a competitive forum, and he was recently reselected as project manager by the JPA after a review of his work. Mr. Gankin further explained his background with San Mateo County, and how he obtained his position as coordinator for the HCP. In response to Councilman Femekes, Mr. Gankin explained the correlation of the funding source for the HCP with the commercial development and housing density. He stated that the town of Brisbane had the same issue (funds for the HCP augmented through the CC&R's) and the CC&R's fees were increased when the number of housing units were reduced. In response to Mayor Datzman, Mr. Gankin stated that the size of the County Park that will remain untouched is 2700 acres, after all dedications have been made. Mayor Pro Tem Matsumoto asked that since there has been an exacerbation of gorse and other brush type plants on San Bruno Mountain, and if there was no HCP, would there be anything to protect the endangered species and animals. Mr. Reid responded that the benefit of the HCP is to provide a larger dedication of private land to the public for protection, a source of perpetual funding for management of those lands (independent of government allocations), and developmental control. REGULAR CITY COUNCIL MEETING MINUTES MAY 12, 1999 PAGE 6 In response to Mayor Pro Tem Matsumoto's question regarding alternative sources for funding an HCP, Mr. Reid explained the HCP implementation agreement with the developer, and the method of augmenting income to the HCP through the CC&R's, if necessary, which Brisbane did with the Northeast Ridge project in 1989. Funding has been requested from other sources, along with in-kind services, but the base for funding is the development. Mayor Datzman asked for clarification on dust control measures, and staff indicated that mitigation measures are in place for Phase II and III, there was an enforcement problem with Phase I, which will be corrected. A mitigation monitor will be responsible to assure that measures are complied with, and an archaeologist will be monitoring the archaeological sites. Staff also indicated that the complete implementation of Phase I is not done yet, they have not been unsuccessful because there is a lot more work to do. Mayor Datzman summarized the concerns that were discussed and felt they were satisfactorily addressed. He also requested a follow-up to the previous request made by a resident that the shellmound be developed into a cultural center. Councilman Mullin asked staff for clarification on a statement regarding a $1 million payment made to the City from the Terrabay Developers. Ms. Jehl was asked to return to the podium and clarify her statements. She stated that the $1 million was for trees and there was a $700,000 payment made for childcare. After a discussion with Ms. Jehl, her remarks were clarified to pertain to redevelopment funds used for the Airport Boulevard Tree Beautification Project and a childcare center originally planned for Terrabay Phase I, that is now housed at Spruce School. Councilman Mullin explained why Spruce School became the location for the day care center and Councilman Fernekes clarified the many benefits that the Terrabay Development has brought for the betterment of the community. Motion-Mullin/Second-Fernekes: Resolution No. 64-99, approving Terrabay Project Phases II and III - Habitat Conservation Plan Compliance Factual Recitals and Findings. Unanimously approved by roll call vote. ABSTAIN: Councilman Penna. ADMINISTRATIVE BUSINESS 13. Terrabay Phase II (continued from the April 14, and April 28, 1999 City Council meetings) a) b) c) Resolution Approving a Statement of Overriding Considerations and Mitigation Monitoring Program; Resolution Approving an Amended Terrabay Specific Plan, Vesting Tentative Map, and Precise Plan for Phase II; Motion to Waive Reading and Introduce an Ordinance Amending Chapter 20.63 Related to the Terrabay Specific Plan District; REGULAR CITY COUNCIL MEETING MINUTES MAY 12, 1999 PAGE 7 d) Motion to Waive Reading and Introduce an Ordinance Approving the Amended and Restated Development Agreement Staff report presented by Chief Planner Hamish. There was a discussion whether or not to schedule Phase III on May 26th, and a consensus to schedule it was given after staff indicated that Planning Commission minutes would be available. Councilman Mullin discussed with staff the vested rights the developer has with developing the land. He reviewed his visits to the San Bruno Mountain site to be developed, the many faxes and phone calls he received, and issues surrounding the development including the Ohlone Shellmound and the 1981 election. He stated his support for the "Woods" development portion of the project, but felt the "Point" portion was not a good fit and he could not support it. Mayor Datzman discussed with staff the absence of a full model of the development, which was not fulfilled, and the fiscal analysis. Staff stated that the conclusion remains the same, that Phase II does not stand alone and relies on the commercial development of Phase III. Ms Debbie Kern, consultant with Keyser Marsten, further discussed the fiscal analysis and the impact of eliminating 90 units from the "Point". She concluded that even if there is a loss of property and sales tax, the cost of providing services remains the same. Mayor Datzman also verified if access will be available for South San Francisco residents and staff confirmed there will be access, but the County is determining where. Mr. Breen was given permission to address the Council and stated that the model will take six weeks and $30,000 to make. He also stated that the "Point" portion of the development has been withdrawn and asked for an additional six months to submit a new proposal and will put together a model. City Attorney Mattas stated the two portions of the development can be separated for Council to take action. Mayor Datzman stated he could not support development of the "Point" site, and did not feel six months would change his opinion with a new proposal. Councilman Femekes stated that he could not support the "Point", but stated his support for the "Woods". Mayor Pro Tem Matsumoto stated she could not support any development in Phase II, and that housing could be found elsewhere. She stated her appreciation to those who wrote and e-mailed constructive comments. Mayor Datzman concluded that Council concurred that a six month window to submit a new proposal for the "Point" would not be considered. City Attorney Mattas directed Council through the motions modifying the language for Council approval. REGULAR CITY COUNCIL MEETING MINUTES MAY 12, 1999 PAGE 8 Motion-Mullin/Second-Fernekes: To approve Resolution No 65-99, approving a Statement of Overriding Considerations and Mitigation Monitoring Program, with any mitigation measures that apply to the "Point" be omitted. Approved by the following roll call vote: AYES: Councilmembers Fernekes and Mullin, and Mayor Datzman. NOES: Mayor Pro Tem Matsumoto. ABSTAIN: Councilman Penna. Motion-Femekes/Second-Mullin: To approve Resolution No. 66-99, approving an Amended Terrabay Specific Plan, Vesting Tentative Map and Precise Plan for Phase II with modifications to Conditions B.3, B.4, and B. 18, omit references to the "Point" in the Specific Plan, modify Vesting Tentative Map to omit reference to the "Point", and amend CC&R's to assure full funding for the HCP obligations. Approved by the following roll call vote: AYES: Councilmembers Fernekes and Mullin, and Mayor Datzman. NOES: Mayor Pro Tem Matsumoto. ABSTAIN: Councilman Penna. Motion-Mullin/Second-Fernekes: To waive reading of the ordinance in its entirety amending Municipal Code Chapter 20.63 (Terrabay Specific Plan District) for Phase II of the Terrabay Development, with the modification to the fifth paragraph "Whereas... development of a total of 251 135 single detached units;". Unanimously approved by voice vote. ABSTAIN: Councilman Penna. Motion-Fernekes/Second-Mullin: To introduce the ordinance amending Municipal Code Chapter 20.63 (Terrabay Specific Plan District) for Phase II of the Terrabay Development, with the modification to the fifth paragraph "Whereas... development of a total of 251 135 single detached units;". Approved by the following roll call vote: AYES: Councilmembers Femekes and Mullin, and Mayor Datzman. NOES: Mayor Pro Tem Matsumoto. ABSTAIN: Councilman Penna. Motion-Femekes/Second-Mullin: To waive reading of the ordinance in its entirety approving the Amended and Restated Development Agreement. Unanimously approved by voice vote. ABSTAIN: Councilman Penna. Motion-Mullin/Second-Fernekes: To introduce an ordinance approving the Amended and Restated Development Agreement. Approved by the following roll call vote:" AYES: Councilmembers Fernekes and Mullin, and Mayor Datzman. NOES: Mayor Pro Tem Matsumoto. ABSTAIN: Councilman Penna. (Recess: 10:50- 11:05 p.m.) Councilman Penna returned to his seat. 14. Motion to Adopt an Ordinance Amending SSFMC Chapter 20.59 Related to the Oyster Point Marina Specific Plan Zoning District City Attorney Mattas stated the item was placed under Administrative Business on the agenda because of the divided vote. REGULAR CITY COUNCIL MEETING MINUTES MAY 12, 1999 PAGE 9 Motion-Mullin/Second-Fernekes: To adopt Ordinance No. 1243-99, approving amendment to Chapter 20.59 of the South San Francisco Municipal Code related to the Development Standards for property in the Oyster Point Marina Specific Plan District. Approved by the following roll call vote: AYES: Councilmembers Fernekes and Mullin, and Mayor Datzman. NOES: Councilman Penna and Mayor Pro Tem Matsumoto. 15. Motion to Accept Parking Lot #14, 432 Baden Avenue, as Complete in Accordance with Plans and Specifications Councilman Penna announced that he would abstain from participating in this Agenda item in accordance with FPPC regulations, and stepped down from his seat. Staff report presented by City Engineer Kianpour. Staff responded to Council questions regarding change orders and cost overruns. Motion-Mullin/Second-Matsumoto: To accept Parking Lot #14, 432 Baden Avenue as complete in accordance with plans and specifications. Unanimously approved by voice vote. ABSTAIN: Councilman Penna. Councilman Penna returned to his seat. LEGISLATIVE BUSINESS 16. Motion to Waive Reading and Introduce an Ordinance Amending the Appointment Procedures for Boards and Commissions Staff report presented by City Attorney Mattas. Historic Preservation Commission Subcommittee members Fernekes and Mullin discussed their meeting with Commissioners Feudale and Zemke. It was suggested that one member of the Commission remain on the Commission to guide new commission members. Councilman Mullin asked for this item to be continued. Council discussed continuity of the Commission, emeritus stature, a smooth transition when new Commissioners are appointed, bringing younger people on the Commission, commissioners that have historical architectural background, knowledge of South San Francisco, and Historical Society representation. It was agreed to continue this item until the next Council meeting. ITEMS FROM COUNCIL Mayor Pro Tem Matsumoto asked that the Westborough Swimming Pool item be postponed from the May 19, 1999 Study Session. There was a consensus from the Council that the item be postponed. Staff stated a new date will be scheduled that will accommodate Council. REGULAR CITY COUNCIL MEETING MINUTES MAY 12, 1999 PAGE 10 In response to Councilman Mullin's concern regarding home auto repair, staff indicated that the new Preservation Ordinance will address this issue. GOOD AND WELFARE: None ADJOURNMENT Motion-PennaYSecond-Fernekes: by voice vote. To adjourn the meeting at 11:20 p.m. Unanimously approved Respectfully Submitted: Approved: Sylvia//912/P.ayne, City Clerk City of--South San Francisco J s L~DDatz~mman, ~ J~y ~f ~outh Sa~co The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communications, arguments, and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. REGULAR CITY COUNCIL MEETING MINUTES MAY 12, 1999 PAGE 11