Loading...
HomeMy WebLinkAboutMinutes 1999-11-17 MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO SPECIAL MEETING NOVEMBER 17, 1999 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE 1. Call to Order 5:37 p.m. 2. Roll Call Present: Councilmembers Femekes, Mullin and Penna*, Mayor Pro Tem Matsumoto* and Mayor Datzman Absent: None *Councilman Penna and Mayor Pro Tem Matsumoto arrived at 5:45 p.m. o Oral Communications None Interview Applicants for Conference Center Authority Human Resources Director Bower reminded Council that there are six applicants and two seats open for the Conference Center Authority. She also informed Council that applicant Mr. Fil da Cunha is out of town on vacation. Council interviewed applicants in the following order: Ms. Laurie Masetti (5:38 p.m.) - Ms. Masetti stated she was concerned that her interview was being conducted without Councilman Penna and Mayor Pro Tem Matsumoto being present. Mayor Datzman responded that they will be given the opportunity to listen to the audio tape as a decision on the appointments will not be made this evening. (Councilman Penna and Mayor Pro Tem Matsumoto arrived at 5:45 p.m.) · Mr. Emmanuel L. Garcia (5:57 p.m.) · Mr. Ray Green (6:12 p.m.) · Mr. Emanuele (Midge) Damonte (6:21 p.m.) · Mr. Christopher A. Campbell (6:31 p.m.) Discussion and Appointment to Conference Center Authority With a consensus from Council, Mayor Datzman requested Mr. da Cunha's interview be scheduled for a December meeting and appointments will be made thereafter. 6. Adjournment Motion-Mullin/Second-Fernekes: To adjourn the meeting at 6:43 p.m. Unanimously approved by voice vote. Respectfully Submitted: Approved: Sylvia M. t Clerk City of South San Francisco es L. Datzm{fn,~Ma~6~ of South Sah-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. SPECIAL CITY COUNCIL MEETING NOVEMBER 17, 1999 MINUTES PAGE 2 MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO SPECIAL MEETING NOVEMBER 17, 1999 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE CALL TO ORDER: 7:37 p.m. (Cassette Tape No. 1) ROLL CALL: Present: Councilmembers Femekes, Mullin and Penna, Mayor Pro Tem Matsumoto and Mayor Datzman Absent: None PLEDGE OF ALLEGIANCE: Led by Mayor Datzman PRESENTATIONS Overview of Y2K Preparedness - Presented by Public Education Specialist Susan Kennedy Public Education Specialist Kennedy updated Council on the progress that City staff has made in preparation for New Year's Eve. She described what additional measures the City is considering to implement, which key employees will be standing by in case of an emergency and activation of the EOC, if necessary. A tentative meeting of emergency personnel is scheduled for December 28, if weather conditions determine it necessary. She also reviewed what information and public outreach is being conducted. AGENDA REVIEW No changes. ORAL COMMUNICATIONS Ms. Wai Ling Eng, owner of the three South San Francisco McDonald Restaurants, invited Council to attend breakfast at McDonalds' 587 E1 Camino Real restaurant on Thanksgiving morning. This is the third annual breakfast that is provided to less-fortunate families through local non-profit agencies. Mr. Alan Beers, 226 E1 Campo Drive, suggested that the blue speaker cards include the word "home" address or omit the section entirely. He felt that more people would come to the meetings to speak if they did not have to give their address, and that many speakers give a local address, but live elsewhere. Mr. Herb Kalotkin, 222 Mosswood Drive, speaking on behalf of the Schumacher School of Dance, informed Council that the Municipal Services Building banquet room has been reserved for a fundraiser in December. The school is trying to raise $30,000 to send thirty girls to Prague in April, 2000 for a world competition. He asked that the rental fee for the social hall be waived. He introduced three dance school students who will be making the trip: Cathleen Kalotkin, Rebecca Giusti, and Jessica Kalotkin. They asked that Council consider their request and whatever financial help they receive is appreciated. Ms. Jackie Williams, 242 Longford Avenue, questioned a School Board agenda item regarding the school zone policy and asked why this is being discussed when a Council/School Board liaison meeting is pending. She also requested that minutes be taken at the subcommittee meetings and asked that the City Attorney respond to her concerns. Mayor Datzman stated that her comments have been noted by the City Attorney. City Manager Wilson suggested Ms. Williams direct her questions to the School Board. COMMUNITY FORUM Mayor Pro Tem Matsumoto stated that Mayor Datzman, Councilman Penna and she attended the dedication ceremony of a kinetic sculpture piece created by artist Jerome Kirk, located at the Coulter Pharmaceutical campus. She stated that this is the first corporate business to participate in the public art program. Mayor Datzman announced that the Marie Peterson Room was dedicated on November 12. He recognized Mr. Dag Alholm for suggesting the tribute to the late Mrs. Peterson. COUNCIL SUBCOMMITTEE REPORTS Councilman Mullin updated Council on the recent County Homeless Task Force meeting and that one potential site for use during Winter 2000 is located on San Mateo Avenue. He also reported that the Airport/Community Roundtable subcommittee met on Monday, November 15, and it was disclosed that more than 2000 flights go through the gap unnecessarily each year. He reviewed discussions that have been taking place with Washington DC for continued funding for the aircraft noise insulation program, that he met with Airport Director John Martin and Deputy Director John Costas to discuss the results of a survey conducted in South San Francisco and a plan to further alleviate aircraft noise over North San Mateo County. CONSENT CALENDAR 1. Resolution No. 147-99, Allocating $150,000 of Community Development Block Grant Funds for the Rehabilitation of 339-341 Commercial Avenue o Resolution No. 148-99, Approving the FY 2000-2001 Transportation Development Act, Article 3 Funding, Approval of Projects and Authorizing Submittal of Claims to C/CAG Bikeways and Pedestrian Advisory Committee Motion-Fernekes/Second-Mullin: To approve the Consent Calendar as presented. Unanimously approved by voice vote. SPECIAL CITY COUNCIL MEETING NOVEMBER 17, 1999 MINUTES PAGE 2 PUBLIC HEARINGS o Costco Wholesale - Appeal of Planning Commission Decision to Not Adopt a Resolution, Including a Statement of Overriding Considerations, Certifying an Environmental Impact Report (EIR-98-084) Costco Wholesale - Appeal of Planning Commission Decision to Deny a Use Permit (UP-98-084) and Type C Sign Permit (SC-98-084) for a Proposed 147,000_+ Square Foot Costco Wholesale Facility with Associated 16-Pump Gasoline Station on a Vacant 15+ Acre Site at 1556 E1 Camino Real (Former Site of Macy's Distribution Center) (Item Nos. 3 and 4 Staff Reports were presented as one item.) Councilman Femekes stepped down from his seat stating a conflict of interest as a consultant for Olympian, a supplier of gasoline to Costco Wholesale. Staff report and visual presentation was made by Chief Planner Sparks with the recommendation that Council approve EIR 98-084, including a statement of overriding considerations, and a mitigation monitor reporting program; and to approve UP-98-084 and SC-98-084, based on the findings and subject to the conditions of approval. Consultant Jerry Haag, EIR consultant and principal author of the EIR, stated that the environmental issues can be reduced to a level of acceptance with the exception of traffic and air quality. He stated questions and concerns from the last Planning Commission's meeting have been responded to and are included in the staff report. He found the EIR to be adequate and recommended Council's approval. Mr. Keith Myer, Rajappan & Meyer, consultant traffic engineer, stated he has made an extensive engineering study, the analysis included two analysis periods for the year 2000 and 2010 and included 23 intersections. He reviewed what new vehicle trips would be added during various times of the day and summarized the level of service at several intersections. He reviewed intersections with "F" ratings and pre-existing conditions, and areas that have fair share impacts. Mr. Don Volante, air pollution meteorologist, addressed the nature of the regional air quality impact, the analysis discussed in the EIR and how it was calculated. He stated that the amount of emissions is not related to location, but that any project this size will have a similar impact. Mr. Jack Frank, Director of Real Estate for Costco Retail, made a visual presentation and stated he has been working with staff on this project for two years. He stated that the current San Bruno store does not allow for expansion. He reviewed the proposed design of the building, landscaping, the proximity of the gas station from the street, and on-site traffic flow. He also showed several slides of other Costco's in California and how they are designed to fit in with the community. (Recess: 8:50 - 9:03) SPECIAL CITY COUNCIL MEETING MINUTES NOVEMBER 17, 1999 PAGE 3 Speakers: l) Mr. Stanley J. Scovill, 838 Newman Drive, speaking in support of the project, addressed the traffic issue and how traffic branches out along E1 Camino. He stated his concerns including his objection to the petitions that were being circulated, that high density housing will not bring revenue to the City, and that a Clay Avenue crossing can alleviate the traffic problems for Longford Drive. 2) Mr. Wilbur Newall, 13 Duval Drive, submitted a letter to Council objecting to the proposed Costco project. 3) Ms. JoAnn D'Angelo, 60 Calvert Avenue, speaking against the project, asked how this project began without the community's knowledge and stated her objection to having to appear before Council again. She felt the residents are not being listened to especially after one thousand signatures were submitted to Council opposing the project. She felt there were numerous issues that Costco failed to address in their presentation, including the possibility of expanding the South Airport store, and the three gas truck deliveries a day. Ms. D'Angelo resented Council for not listening to their constituents, she disputed the traffic study, and felt that E1 Camino will become a box store row. She urged Council to vote against Costco. 4) Mrs. Sophie Mason, 10 Arlington Drive, speaking against the project, addressed the traffic problems that will impact E1 Camino and the additional traffic the new housing development will bring. She stated her objection to the new service station, and speakers who work for Costco, but live elsewhere. Mrs. Mason cautioned Council that the South Airport Boulevard store will close within two years if the E1 Camino store is built. She also presented a newspaper article from the Chronicle about Costco having problems with relocating its Martinez store to Concord. 5) Ms. Irene Delaporte, 2553 Adams Court, speaking against the project, was appalled that an employee at the San Bruno store was confident the proposed Costco store would be approved because he knew the Mayor of South San Francisco. 6) Mr. Joe D'Angelo, 310 Evergreen Drive, speaking against the project, stated his support for the Planning Commission's vision for a neighborhood friendly/retail center that would showcase the area. He also stated his objection to Costco appealing the Planning Commission's decision to the City Council. 7) Ms. Karen West, 1300 E1 Camino Real, #16, Millbrae, speaking in support of the project, stated she works for Costco, and the petition circulators were misinforming people about what they were signing. She felt competition would be good for gasoline prices and that Costco will be good for South San Francisco. 8) Mr. Saro Shahijanian, 123 Linden Avenue, speaking against the project, stated that Costco comes into a community and closes down businesses. He urged Council to deny the project, to protect quality of life and air quality, and to protect smaller SPECIAL CITY COUNCIL MEETING NOVEMBER 17, 1999 MINUTES PAGE 4 businesses. He doubted that the City will gain additional revenue when businesses will have to close down. He stated that a Texaco gas station in Santa Rosa lost half its business when Costco opened up its gas station. 9) Mr. Alan Beers, 226 E1 Campo Drive, speaking in support of the project, stated that Costco approval will assure services will continue to be provided in the community. He stated there is misinformation circulating about the petition drive and who instigated it. Competition will be good for the colmnunity and businesses won't be eliminated. 10) Ms. Doris Gelini, 700 Newman Drive, speaking in support of the project, objected to the petition drive and that the circulators were misinforming people. She felt the revenue will help run the City. 11) Mr. Fred Etzel, 4 Embarcadero Center, #510, San Francisco, speaking against the project, felt Costco showed contempt for the Planning Commission when it made its perfunctory presentation. The project is not the best product for the City, it is not a collaborative, and the project was rushed. He suggested that Council not act on the application due to the referendum petitions being submitted to the City Clerk. (Cassette Tape No. 2) 12) Mr. Rick Myers, 1700 E1 Camino Real, speaking in support of the project, stated that the issue is turning into working class people versus people with money. He stated that the Xtra Oil people do not contribute to the community and are against competition. 13) Mr. Don Mason, 10 Arlington Drive, speaking against the project, stated his support for the Planning Commission's decision. He felt that the Costco representatives were arrogant towards the Planning Commission, and that he would walk his neighborhood to obtain signatures, if necessary. He urged Council to listen to the residents that live near the proposed Costco site and uphold the denial. 14) Mr. Bill Johnson, 219 E1 Campo Drive, speaking against the project, asked Council if they received his eight page letter and Councilman Mullin replied yes. He stated the stormwater impacts and air quality measures have not been addressed sufficiently in the EIR. He reviewed each of the benefits of the project and felt they were a sham. He questioned the project's economic impacts and doubted that South San Francisco will continue to have two Costcos. 15) Ms. Karen Hobin, 43 Bradford Drive, speaking against the project, emphasized that she is a mother, resident and citizen of this community and opposed the project and its benefits. She reviewed each of the impacts it will have on the community, e.g., air quality, traffic congestion, gas truck deliveries, etc. She felt the City should diversity its investments and not just count on Costco for revenue. She urged Council to deny the project. SPECIAL CITY COUNCIL MEETING NOVEMBER 17, 1999 MINUTES PAGE 5 16) Mr. Charles Peeler, 226 Alta Loma Drive, speaking against the project, agreed with previous speakers and did not believe there were any benefits to having a Costco. He stated that the South Airport Boulevard store and Winston Manor Shopping Center will close within a year or two. He felt the City will lose revenue from the businesses that will have to close down and therefore will not equate any gain in revenue from the new Costco store. He further addressed the pollution that will be caused by the new store and that will end up in the Bay. He felt that since the store restricts its membership, it will only be a benefit to a few people. He suggested the South Airport Boulevard store be expanded instead. 17) Mr. Mark Beers, 226 E1 Campo Drive, speaking in support of the project, felt that special interest groups have stirred up the community and does not know anyone who is a member of the South San Franciscans for Responsible Growth. He stated that the Simas family added 50 cents to the $2.00 for each signature collected and that the circulators were misinforming the public. He felt the project is well designed and supported the benefits of the it, especially bringing cheaper gas and competition. 18) Ms. Jackie Williams, 242 Longford Drive, speaking against the project, stated that Longford Drive will be impacted by the traffic and did not support the consultant's analysis. 19) Mr. David Franklin, Berg and Parker, 4 Embarcadero Center, #1400, San Francisco, representing Costco, addressed Mr. Etzel's remarks regarding the Council holding this hearing, and referred to Elections Code Section 9237, which does not prevent Council from taking action tonight. An election to decide the use of the property will not include details of the Costco project. 20) Mrs. Helen Headlee, 115 Duval Drive, speaking against the project, stated she has a vested interest in the City and is concerned about the quality of life she currently sustains from auto pollution along Hickey Boulevard. Since the Colma BART station opened, traffic has already increased in her area. 21) Mr. Tony Khorozian, 116 Aptos Way, speaking in support of the project, stated that he was approached by a petition circulator who stated it was in support of a Costco store. Costco has not hurt competition at the San Bruno Towne Center and that gas competition will be good for this community. The Simas family has failed to acknowledge that their business pollutes the air and he questioned where they are tonight. Costco will save people money. 22) Jacqueline Jacobberger, 2231 Delvin Way, stated that people who were misinformed and want to remove their name from the petition can mail a statement to the City Clerk asking that their name be removed. Public hearing closed. (Recess: 10:13 p.m.- 10:25 p.m.) Mayor Datzman opened discussion for Council questions. SPECIAL CITY COUNCIL MEETING NOVEMBER 17, 1999 MINUTES PAGE 6 Councilman Mullin asked for clarification on the comments made by attorneys Mr. Etzel and Mr. Franklin regarding Council taking action on the Costco project. City Attorney Mattas responded that San Mateo County has started the signature validation process and once the signatures are verified Council has three options: 1) if the requisite number of signatures is not obtained then there is no further action by City Council; 2) if there are the requisite number of signatures then Council can repeal the section of the general plan, or 3) elect to put the matter on the March primary election. He further explained Council's options and stated that the situation before Council has not been decided by a court; both attorneys referred to Election Code Section 9237, and the case cited (Midway Orchards case) is not the same circumstance as this issue. He explained that more than 30 days have lapsed since Council took action on the General Plan and the petitions have not yet been verified. He believes Council can take action since the court has not acted on this type of matter previously. He further advised Council to reflect the possibility of the referendum, incorporate that in their decision, and make any approval conditional upon resolution of the referendum issue. He further explained the process and options that Council may need to consider once the petitions have been validated or invalidated. There are issues that need to be decided and a pre-election challenge may be filed. He advised that Council consider approving the application tonight but suspend the effectiveness of that approval until the referendum issue is resolved. Councilman Mullin asked if there was anything unusual about the Costco application process. City Manager Wilson stated that two years ago Lincoln Properties bought the property from Federated Stores to build high density housing at the site, which Council reviewed at a public meeting. Shortly thereafter, Lincoln Properties sold to Costco. He agreed that the process has been long, but it is not unusual for a large project. Councilman Penna asked staff for an explanation regarding Mr. Johnson's comment that mechanisms to prevent pollutants entering the Bay are not being adequately addressed in the EIR. City Engineer Kianpour stated the City has a water pollution elimination system plan that protects pollutants from entering stormdrains during and after construction, and the plan exceeds what County recommends. Councilman Penna asked if the City's water supply can be affected by fuel tanks (MTBE) and City Engineer Kianpour stated that fuel tanks are designed for seismic activity and the Department of Health Services also certify and inspect them. Councilman Penna noted that the 25 acre land area was previously zoned residential, and asked at what density. City Planner Sparks stated it was multiple family, 50 units per acre, that could be built out at 1000- 1250 units. Councilman Penna asked what the parking requirement would be and Senior Planner Kalkin stated that a transit oriented parking standard has not yet been established, but a reduced standard would be necessary. The normal ratio would be 2 th parking spaces per unit and City Planner Sparks stated it would be 2500-3000 parking spaces. Councilman Penna stated that this is a no-win situation, and he must consider what is best for the community. He discussed some of the issues that he must consider, including employment, the petition referendum, traffic, pollutants, and other development if Costco isn't built. He felt a residential development would be worse than Costco. Mayor Pro Tem Matsumoto asked staff to respond to the comment that the South Airport store will close if the E1 Camino Costco is built. City Manager Wilson stated that there SPECIAL CITY COUNCIL MEETING NOVEMBER 17, 1999 MINUTES PAGE 7 is a twenty year lease with Costco, two-seven year extensions and a minimum rent payment of $400,000. If they vacate the building it reverts back to the City. Costco must continue to pay the $400,000 a year as a penalty. Costco has no intention of vacating their South Airport Boulevard store. Mayor Pro Tem Matsumoto asked if a retail center can be supported economically in that area of E1 Camino and Economic and Community Development Director Van Duyn addressed revenue generation and stated that Costco will bring $600,000-$700,000 in sale tax benefits to the City in its first year of operation, there will be a $1.1 million benefit by year ten, and $1.3 million benefit by year fifteen. It is hard to compare this to any other type of commercial business. Home Depot generates $300,000-$400,000 a year. Mayor Pro Tem Matsumoto asked what type of revenue would come from a housing development and Director Van Duyn stated it would just be property tax. Regarding Home Depot, Councilman Penna asked if staff knew what the traffic count was, and Director Van Duyn deferred the question to a traffic engineer. Director Van Duyn stated that the construction materials Home Depot handles are a lot bulkier than what Costco will handle and that makes it difficult to maneuver around a parking lot. Mayor Pro Tem Matsumoto discussed with Director Van Duyn a comparison of air quality and traffic impacts between a residential development and a commercial development, which Director Van Duyn stated was not analyzed. Mayor Datzman stated that Council has been receiving environmental documents since April which prolonged the application process. He asked the status of the pathway between E1 Camino Real and Mission Road and staff stated the pathway will be maintained. Mayor Datzman reviewed several of his concerns, including a service station near the Costco store wanting to sell alcohol just because Costco will be selling alcohol. He felt the group called South San Franciscans for Responsible Growth should have its address on its flyers. He asked if anyone knew the address. Ms. Karen Hobin, 43 Bradford Drive, stated that her address could be used, as she supports the group and is willing to be their representative. She felt it was fortunate that someone with money was able to finance it. Ms. Hobin was not able to give the address of the organization. Mayor Datzman stated the cartoon being circulated was disturbing and more of the same material will be circulated during the election which will color people's judgement. Councilman Mullin questioned whether the Costco site was going to impact Old Mission Road and staff stated no. He asked if there would be three gas deliveries a day and staff stated that Costco expects 2.5-3 deliveries per day. Councilman Mullin questioned whether a WalMart could fit into the adjacent site and staff responded that it would be a tight squeeze. In response to Councilman Mullin's question about alleviating traffic through West Winston Manor by opening up Clay Avenue, City Engineer Kianpour stated it has been looked at, but will need the neighborhood's approval. Councilman Mullin discussed comments made by speakers and the flyer being distributed that suggested a sales tax rebate, and staff indicated a rebate did not exist. He stated he visited Santa Rosa and Windsor to look at their Costco and WalMart stores, and found the sites to be congested, but not the adjacent streets. He also looked at surrounding gas stations and did not find any lack of competition. SPECIAL CITY COUNCIL MEETING NOVEMBER 17, 1999 MINUTES PAGE 8 In response to Councilman Penna's question about a tax rebate discussion, City Manager Wilson stated no document has been drafted and Council approval would be necessary. Councilman Penna stated his support for the project, that the South Airport Boulevard site will not close because it caters to a different market, the sales tax will help the City for years to come, and that E1 Camino Real can handle the traffic from Costco and the new residential developments. Mayor Pro Tem Matsumoto asked that larger trees be considered for the site, and Director Van Duyn stated 10% more trees will be added and a percentage of that will be larger specimens. Mayor Datzman responded to the comment made by a speaker that Costco employees know the Mayor of South San Francisco. Although the comment is accurate he could not find out who was saying it. He asked if the gas station will be staffed and Mr. Jack Frank responded that it is a non-attended station, but employees are nearby for traffic control purposes. He verified with staff that the Hickey Boulevard traffic improvements will not go into effect until Summer 2000. Mayor Datzman stated his support for the project and that the traffic issues can be mitigated. He acknowledged the Planning Commission's work, but the appeal process is permitted. He also stated that he is not yet convinced that a Costco gas station has put any service stations out of business. Councilman Mullin asked that the statement "living wage employment" be explained and Mr. Frank stated it is the employees compensation package. Mr. Frank commented that Costco has a very low turnover. Councilman Mullin asked if the Promenade development is disclosing the Costco project and Senior Planner Kalkin stated BART is being disclosed and flyers about the proposed Costco is also available in the sales office. In response to Councilman Mullin's question regarding MTBE, City Engineer Kianpour explained that MTBE has the potential of leaking from underground gasoline tanks into ground water, and it has contaminated water supplies from recreational motor boats. Clean-up efforts are not well defined and difficult to implement. Councilman Mullin pointed out an error on page 8 of Exhibit A, section entitled "Alternative 3: Retail Commercial Development, paragraph 1, which should read "...Compared to the proposed project, the Multi Family Residential Retail Commercial Development Alternative would result in the following types of impacts..." Councilman Mullin stated he supports transit oriented development and that it makes sense in a closer proximity to the BART station. He stated his support for the Costco project, its location and site layout, and that it is aesthetically pleasing in comparison to other big box stores. He acknowledged the Planning Commission effort and the Design Review Board's work. Mayor Pro Tem Matsumoto stated that she shares the concerns that speakers have discussed, and that she is not completely satisfied with the project. She found Costco representatives to be arrogant in their approach, but the South San Franciscans for Responsible Growth lack integrity. She stated her support for the project and that her decision is based on the benefits of the project that outweigh the unavoidable impacts. SPECIAL CITY COUNCIL MEETING NOVEMBER 17, 1999 MINUTES PAGE 9 Mayor Datzman reflected on several other developments in the City that concerned neighborhoods, but the problems did not surface. He felt the issue that started the Costco controversy was the gas station. He stated that Council had to make difficult decisions several years ago when employees were laid off and cutbacks were made. He stated his support for Costco, the money it will bring to the City and that the project is well thought out. Councilman Mullin stated he is prepared to introduce a conditional approval and City Attorney Mattas confirmed that he has prepared the necessary language. Motion-Mullin/Second-Penna: To approve Resolution No. 149-99, certifying Environmental Impact Report EIR-98-084, including the change in wording to "Alternative 3: Retail Commercial Development", Page 8 of staff report. On the question: Councilman Penna asked if the two public hearing items had been opened and City Attorney Mattas stated they were both opened and closed. Motion continued: Approved by the following roll call vote: AYES: Councilmen Mullin and Penna, Mayor Pro Tem Matsumoto and Mayor Datzman. NOES: None. ABSTAIN: Councilman Fernekes. ABSENT: None. Motion-Mullin/Second-Penna: Motion to consider and adopt the proposed findings of approval for UP-98-084 and SC-98-084 as contained in the staff report, and to include additional finding Al5 as follows: The effectiveness of this conditional use permit shall be temporarily suspended and no building permits in reliance thereon shall be issued until any one of the following occurs: 1) The City Clerk certifies that the referendum petition submitted on behalf of South San Franciscans for Responsible Growth do not include signatures equating at least 10% of the voters of city of South San Francisco according to the County election officials last official report of registration of the Secretary of State all as set forth in the Elections Code Section 9237; 2) A court of competent jurisdiction determines the petitions referenced above are invalid or that a portion of said referendum petitions are invalid thereby resulting in submission of less than the required number of petition signatures pursuant to elections Code Section 9237; or 3) The voters of South San Francisco ratify the City Council's approval of the challenged portions of South San Francisco City Council Resolution No. 136-99, as identified in the referendum petition submitted on behalf of South San Franciscans for Responsible Growth. In the event that the City Council repeals the challenged portions of City Council Resolution No. 136-99, or the voters approve the referendum thereby resulting in the repeal of the challenge portion of City Council Resolution No. 136-99, this conditional use permit shall be automatically repealed. SPECIAL CITY COUNCIL MEETING NOVEMBER 17, 1999 MINUTES PAGE 10 On the question: Director Van Duyn stated that a modification to Conditions of Approval A7, is as follows: "Plans shall reflect no less than 30% 24" box tree specimens and no less than 10% 36" box tree specimens." Motion Continued: Approved by the following roll call vote: AYES: Councilmen Mullin and Penna, Mayor Pro Tem Matsumoto and Mayor Datzman. NOES: None. ABSTAIN: Councilman Femekes. ABSENT: None. (Recess: 12:10 a.m. - 12:20 a.m.) Councilman Fernekes returned to his seat. LEGISLATIVE BUSINESS Waive Reading and Introduce an Urgency Ordinance of the City Council of the City of South San Francisco Amending Chapter 6.36 of the SSFMC Regarding Regulation of Card Rooms Staff report presented by Police Sergeant Mike Massoni. Councilman Penna asked how many card rooms are in the city and Sergeant Massoni stated one. Motion-Penna/Second-Fernekes: Motion to waive reading and adopt Urgency Ordinance No. 1252-99, of the City Council of the City of South San Francisco amending Chapter 6.36 of the Municipal Code regarding regulation of card rooms. On the question: Councilman Mullin asked where the current card room is located and staff indicated that Welte's is located on Grand Avenue, it has two tables, and is a legal non-conforming use. Motion continued: Unanimously approved by voice vote. o Motion to Waive Reading and Introduce an Ordinance Amending SSFMC Chapter 11.40 Related to Trucks Parking in Violation of the Public Right of Way Staff report presented by Sergeant Massoni. Motion-Penna/Second-Fernekes: To waive reading and introduce an ordinance of the City Council of the City of South San Francisco Amending Chapter 11.40 of the South San Francisco Municipal Code regarding parking, loading, and unloading. On the question: Councilman Mullin discussed with staff the purpose of the proposed ordinance and how truck drivers disregard tickets because freight forwarders pay the fines. Staff further explained that there is a cueing lane on Utah Avenue that will allow sufficient room for trucks. Motion continued: Unanimously approved by voice vote. ITEMS FROM COUNCIl. Mayor Datzman reminded there is no regular meeting on Wednesday, November 23, and that the Council installation will take place on December 2 at the Conference Center. SPECIAL CITY COUNCIL MEETING NOVEMBER 17, 1999 MINUTES PAGE 11 GOOD AND WELFARE Ms. Jackie Williams, 242 Longford Drive, asked to correct her previous comment made under Oral Communication's that the School Board does not record its meetings. What she meant to say was the School Board does not televise its meetings. CLOSED SESSION 7. Pursuant to Government Code Section 54957.9, Existing Litigation - San Bruno Mountain Watch vs. City of South San Francisco Convened into Closed Session: 12:30 a.m. Reconvened into Open Session: 12:45 a.m., all Councilmembers present City Attorney Mattas announced direction given/no action taken. ADJOURNMENT Motion-Mullin/Second-Matsumoto: To adjourn the meeting at 12:46 a.m. Unanimously approved by voice vote. Respectfully Submitted: City of South San Francisco Approved: J an~C it?/o fL~ oDu~Z ~n2~ r a~' src o 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. SPECIAL CITY COUNCIL MEETING NOVEMBER 17, 1999 MINUTES PAGE 12