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HomeMy WebLinkAboutMinutes 1999-12-08 MINUTES CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO SPECIAL MEETING December 8,1999 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE 1. Call to Order: 5:18 p.m. 2. Roll Call: Present: (Cassette Tape No. 1) Councilmembers Datzman, Mullin and Penna, Mayor Pro Tem Fernekes and Mayor Matsumoto Absent: None. 3. Oral Communication: None. 4. Council Photo Session All members of the Council were present for a group photo. Adjournment Motion-Mullin/Second-Penna To adjourn the City Council meeting at 5:23 p.m. Unanimously approved by voice vote. Respectfully Submitted: , Deputy City Clerk City of South San Francisco Approved: yor City oflgouth San Francisco MINUTES CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO SPECIAL MEETING December 8,1999 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE 1. Call to Order: 5:30 p.m. 2. Roll Call: Present: o Councilmembers Datzman, Mullin and Penna, Mayor Pro Tem Femekes and Mayor Matsumoto Absent: None. Oral Communications: None. Interview Applicant for Conference Center Authority Director Bower introduced Mr. Fil da Cunha to the Council. The applicant was interviewed and responded to questions from each Councilmember. Mr. Fil da Cunha was asked to remain in the Atrium area as the Council would be making a decision this evening. Discussion and Appointment to the Conference Center Authority After a brief discussion, Council voted by ballot with the following results: Fil da Cunha and Laurie Masetti* were appointed to fill the vacant seats on the Conference Center Authority. Both terms end on March 27, 2002. * Laurie Masetti had been interviewed by the Council on November 17, 1999. Motion-Penna/Second-Datzman: To appoint Fil da Cunha and Laurie Masetti to the Conference Center Authority. Approved by voice vote. Closed Session a) b) Pursuant to Government Code Section 54957, Evaluation of City Attorney Pursuant to Government Code Section 54957.9 Existing Litigation - San Bruno Mountain Watch vs. City of South San Francisco Entered into Closed Session at 5:45 p.m. Reconvened into Open Session at 6:55 p.m. Mayor Matsumoto announced that direction was given and no action was taken. Adjournment Motion-Femekes/Second-Mullin: To adjourn the City Council meeting at 6:55 p.m. Unanimously approved by voice vote. Respectfully Submitted: ~Eihda Patrick, Deputy City Clerk City of South San Francisco Approved; CALL TO ORDER: ROLL CALL: PLEDGE OF ALLIGENCE: INVOCATION: AGENDA REVIEW: MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING December 8, 1999 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE 11:50 p.m. Councilmember Penna introduced former Mayor Pat Ahern. Present: Councilmembers James Datzman, John Penna, Eugene Mullin, Mayor Pro Tem Joseph Fernekes and Mayor Karyl Matsumoto Absent: None. Led by Mayor Matsumoto (refer to Redevelopment Minutes) Reverend Francisco Baltadano, Mission Espiritu Santo was given during the Redevelopment Agency meeting (refer to Redevelopment Minutes) No changes. ORAL COMMUNICATIONS Don Mason, 10 Arlington Drive, questioned how much of the tax payers money was spent by staff on the Costco project. He also requested information as to how pollutants are being stopped from going into the bay. City Engineer Kianpour responded with an explanation of the pollutant drainage filter system. Mr. Mason requested for a copy of the Air Quality Report. Dan Shattuc, 111 Belmont Avenue, read an article regarding oil spills, handed an article on the wetlands to be viewed by Council and requested to be on the City Council Agenda mailing list. Del Schembari, 321 Alta Mesa Drive, spoke in regards to information on hook ramps. He felt the public was not getting information from the Public Works Department to prepare for public hearings. Mayor Matsumoto offered to meet with him at a future date. Fred Etzel, Four Embarcadero Center, San Francisco, asked if item #12 was open to public comment. Mayor Matsumoto responded that yes, it was open to public comment. Sophie Mason, 10 Arlington Drive, questioned a comment that was made at the last meeting regarding salaries of Costco employees. She recommended that Council read the editorials in the Independent newspaper of December 4 and 7. Jackie Williams, 242 Longford Drive, spoke regarding the school board meeting that she attended. Her main concern was Serra Vista School being listed as surplus property. She requested Council's help in obtaining a copy of the tax bill to see if the taxes are being waived. PUBLIC HEARING Resolution Approving Findings and Statement of Overriding Considerations Related to Terrabay Phase II, The Woods; and Motion to Waive Reading and Introduce an Ordinance Approving the Restated Development Agreement for Terrabay Phase II, The Woods; Motion to Waive Reading and Introduce an Ordinance Amending Chapter 20.63 Related to Terrabay Phase II, The Woods Specific Plan Public Hearing opened Staff Report presented by City Attorney Mattas Jack Meyers, Meyers Development Company, 525 Market Street, San Francisco requested support for the project and felt that this would enable them to produce a positive project for the community. William Nack, 1153 Chess Drive, Foster City, stated his support in favor of the project. He commented that Meyers Development does quality work and has committed to use high skilled labor on the project. David Schooley, P.O. Box 59, Brisbane, speaking against the project, stated that San Bruno Mountain Watch would fight to protect every rare and endangered specie and native american habitat area on San Bruno Mountain. They are currently awaiting the right decisions, agreements and permits from Meyers Development and Sunchase. He handed out the current San Bruno Mountain Watch newsletter. Gary Saunders, 1519 Rollins Road, Buflingame, speaking in favor of the project, stated he has been involved with the issues of San Bruno Mountain for over thirty-two years and he is pleased with the new developer. Dan Shattuc, 111 Belmont Drive, South San Francisco, speaking against the project, stated that this document is very significant to the community, the city and to the developer. He has not been successful in obtaining a copy of the Terrabay Phase II Woods Development Agreement and Zoning Amendments. One of his main concerns is the water shed on the mountain. He feels that Phase II should not be allowed until the toxic waste/disposal site has been removed. Councilmember Penna questioned Mr. Shattuc regarding the toxic waste/disposal site and requested a staff report regarding the toxic waste/disposal site on San Bruno Mountain. REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 8, 1999 PAGE 2 Public Hearing closed Motion-Mullin/Second- Penna: To approve Resolution No. 150-99 adopting findings regarding significant and potentially significant impacts, a statement of overriding considerations, and a mitigation monitoring plan for Phase II Woods and Commons of the Terrabay Development. Approved by the following roll call vote: AYES: Councilmembers Datzman, Mullin and Penna, Mayor Pro Tem Fernekes. NOES: Mayor Matsumoto. ABSTAIN: None. ABSENT: None. 10. Adoption of Uniform Code Ordinances: Ordinance No. 1254-99 amending Chapter 15.06 of the SSFMC to adopt the Uniform Administrative Code 1997 Edition and to repeal the Uniform Administrative Code, 1994 Edition. Ordinance No. 1255-99 amending Chapter 15.08 of the SSFMC, to adopt the California Building Code Standards, 1998 Edition, and to repeal the Uniform Building Code and Uniform Building Code Standards, 1994 Edition. Resolution No. 151-99 finding and determining the need for changes or modifications to the California Building Code 1998 Edition and Uniform Building Code Standards, 1997 Edition. Ordinance No. 1256-99 amending Chapter 15.10 of the SSFMC to adopt the Uniform Housing Code, 1997 Edition, and to repeal the Uniform Housing Code, 1994 Edition. Ordinance No. 1257-99 amending Chapter 15.12 of the SSFMC to adopt the California Plumbing Code, 1998 Edition, and to repeal the Uniform Plumbing Code, 1994 Edition. Resolution No. 152-99 finding and determining the need for changes or modifications to the California Plumbing Code, 1998 Edition. Ordinance No. 1258-99 amending Chapter 15.16 of the SSFMC to adopt the California Mechanical Code, 1998 Edition and to repeal the Uniform Mechanical Code, 1994 Edition. Ordinance No. 1259-99 adding Chapter 15.18 to the SSFMC and adopting the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, and to repeal the Uniform Code for the Abatement of Dangerous Buildings,~1994 Edition. Ordinance No. 1260-99 amending Chapter 15.20 of the SSFMC to adopt the California Electrical Code, 1998 Edition and to repeal the National Electrical Code, 1993 Edition. Resolution No. 153-99 finding and determining the need for changes or modifications to the California Electrical Code, 1998 Edition. REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 8, 1999 PAGE 3 Ordinance No. 1261-99 amending Chapter 15.24 of the SSFMC to adopt the California Fire Code, Volume 1, 1998 Edition, including state mandated amendments, appendices I- A through VI-I to the California Fire Code, Volume 1, 1998 Edition, and the Uniform Fire Code, Volume 2, 1997 Edition. Resolution No. 154-99 finding and determining the need for changes or modifications to the Uniform Fire Code, 1997 Edition. Staff Report presented by City Manager Wilson. Public Hearing opened Public Hearing closed Motion-PennaJSecond-Mullin: To adopt the Ordinances and Resolutions related to the Uniform Codes. Unanimously approved by voice vote. 11. Discussion: Report from Public Works Director Regarding Oyster Point Grade Separation Funding. Report on Oyster Point Grade Funding presented by Public Works Director Gibbs. Public Works Director Gibbs explained how staff made a presentation to the San Mateo County Transit Authority and requested matching funds for the fly over, hook ramp and letter of credit. The City was granted $19.9 million matching funds for the fly over which is to be built and completed in the fall of 2001, $30.8 million matching funds for the hook ramps which is to be built and completed in the fall of 2002, and $10.75 million for a letter of credit. The remaining $9.34 million is utility costs which will be contributed by the utility companies. City Manager Wilson explained that the letter of credit was a loan. He hopes that by the time the project is ready to begin, the City would have developer fees so the level borrowed would be reduced. The Transit Authority wants the loan repaid by 2007-2008. Councilmember Datzman complimented staff on obtaining such a large sum of money for the City. 12. Resolution Consideration of Results of Signature Verification for the Referendum Against a Resolution Passed by the City Council Adopting Portions of South San Francisco General Plan Update GP-99-61 a) Accept Potential Certificate of Sufficiency b) Potential Submission of Referendum to Voters at March 7, 2000 Election Staff Report presented by City Attorney Mattas. City Attorney informed Council that a sub committee is needed to compose a ballot argument. REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 8, 1999 PAGE 4 Fred Etzel, 4 Embarcadero Center, San Francisco, representing Shell Oil at 110 Hickey Boulevard, speaking against the General Plan Update, urged Council to repeal the resolution and take another look at the site. He felt there were other opportunities that have not been explored. Carol Simas, 110 Hickey Boulevard, speaking against the General Plan Update, commented on Wal Mart actions by the Redevelopment Agency. She did not feel that Wal Mart and Costco were separate issues. She suggested that the Council repeal that portion of the General Plan Update that is referred to in the referendum. (Cassette Tape No. 3) David Franklin, 4 Embarcadero Center, San Francisco, representing Costco, speaking in favor of the General Plan Update. He stated that Costco is the major landowner in the corridor owning more than twenty areas. He then compared the previous General Plan to the new General Plan Update. He explained that the EIR that was prepared for the project showed that the impact from apartment units would be of greater impact than that of Costco and the economic study showed that a low rent density residential would not be viable. On behalf of Costco, he urged the Council to reject the referendum. Councilmember Eugene Mullin stated he was in favor of a ballot measure on March 7, 2000 election. Councilmember John Penna concurred with Councilman Mullin to have the voters decide. He also stated that there is a difference between the Costco and the Wal Mart projects. City Attorney Mattas stated that under the election code that if the voters were to reject the proposed changes the City is prohibited for one year for considering the same type of land use. Mayor Matsumoto also agrees that the voters should decide on the issue. Motion-Penna/Second-Datzman: To approve Resolution No. 155-99, consideration of results of signature verification for the referendum against a resolution passed by the City Council adopting portions of South San Francisco General Plan Update-99-61 a) Accept potential Certificate of Sufficiency b) Potential submission of referendum to voters at March 7, 2000 election Unanimously approved by voice vote. ABSTAIN: Mayor Pro Tem Fernekes City Attorney Mattas, said that the Resolution that was adopted provided for a process for both initial and rebuttal arguments and because of the time frame, it would be appropriate for a Council sub committee to be created to work toward preparing the draft Council argument in support of the Council's actions. Councilmember Mullin and Mayor Matsumoto have volunteered to draw up the arguments. REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 8, 1999 PAGE 5 CONSENT CALENDAR Motion to Approve Minutes of the November 10 Regular Meeting and November 17, 1999 (two) Special Meetings Motion to Confirm Expense Claims of December 8, 1999 in the Amount of $6,778,605.70 Motion to Cancel the Regular Meeting of December 22, 1999, and Schedule a Special Meeting for December 15, 1999 Ordinance No. 1253-99 Amending SSFMC Chapter 11.40 Related to Trucks Parking in Violation of the Public Right Away and Resolution No. 156-99 Establishing a Bail Fee (Penalty) for Violations of Municipal Code Section 11.40.225 Resolution No. 157-99 Approving the Parking Place Commission Recommendation to Expand Parking District No. 1 o Motion to Accept the Escanyo Drive Sanitary Sewer Replacement Project as Complete in Accordance with the Plans, Specifications, and Contract Documents Resolution No. 158-99 Awarding a Contract to Rajappan & Meyer to Prepare Plans and Specifications for the Chestnut Avenue New Right Turn Lane in an Amount Not to Exceed $39,670 o Resolution No. 159-99 Authorizing Acceptance of a Peninsula Community Foundation Grant in the Amount of $10,000 to Fund a South San Francisco Community Partnership Project Motion - Penna/Second -Datzman: To approve the Consent Calendar as presented. Unanimously approved by voice vote. COMMUNITY FORUM Councilman Mullin requested that when items are posted on the South San Francisco website, it include meetings with times, locations and a general summary of the items to be discussed. COUNCIL SUBCOMMITTEE Councilman Datzman informed Ms. Jackie Williams of the Schoolboards concerns regarding school zoning designations. Councilman Mullin stated, he attended the Airport Roundtable and was selected to be the Vice- Chairman. He also met with then Mayor Datzman, Congressman Lantos, State Senator Speier, San Mateo County Supervisor Griffin, and representatives from all the northern cities of San Mateo County to discuss the location of the new homeless shelter. The ideal location would be the GSA building on San Mateo Avenue in South San Francisco. The committee is working to REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 8, 1999 PAGE 6 bring the costs down, but will continue to look at other sites. The plan is to have the shelter open in November of 2000. GOOD AND WELFARE Dan Shattuc, 111 Belmont Avenue, distributed information to Council regarding MTBE. He mentioned that people could do nice things for the community, if they really wanted to. He brought up the fact that the minutes are too brief and not exclusive to the information that is presented. He also felt that the Council should be receptive of the people that are coming before them because they have a lot of knowledge that they or their staff do not have. He went on to explain the damage caused by the 1989 earthquake and if needed he can produce photographs. Mayor Matsumoto informed Mr. Shattuc that the City Council and Redevelopment Agency tapes are available for listening. ADOURNMENT Motion-Penna/Second-Mullin: To adjourn the meeting at 1:23 a.m. Unanimously approved by voice vote. Respectfully Submitted: Deputy City Clerk City of South San Francisco Approyed: , ~ Kary~ haat~amoto, Mayor City of South San Francisco REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 8, 1999 PAGE 7