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HomeMy WebLinkAboutMinutes 1999-12-15 MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO SPECIAL MEETING DECEMBER 15, 1999 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE 1. Call to Order 6:46 p.m. 2. Roll Call Present: o Councilmembers Datzman, Mullin and Penna, Mayor Pro Tem Fernekes and Mayor Matsumoto Absent: None Oral Communications None Waive Reading and Adopt an Interim Ordinance Prohibiting Amendments to the Bay West Cove Specific Plan and Approval of Precise Plans or Conditional Use Permits for Planning Areas 1, 2 and 3 of the Bay West Cove (Shearwater) Specific Plan Staff report presented by Economic and Community Development Director Van Duyn in which staff is proposing a forty-five day moratorium to provide City Council time to review different land use options for the Bay West Cove site, and requiring a 4/5 vote by Council for approval. City Attorney Mattas provided Council with procedural guidelines regarding the 45-day moratorium, and extension provisions. Ms. Judy Davidoff, Attorney with Baker and McKenzie, 2 Embarcadero Center, San Francisco, representing Wal-Mart stores, requested Council not to take action on the interim ordinance, cited specific reasons why they should not, and referenced her comments from a letter submitted previously to Council. She stated that the consultants found that the Wal-Mart Precise Plan would have a negligible impact on the downtown. Ms. Davidoff questioned the changing of rules in the 11th hour, the purported inconsistency of the General Plan Update with the General Plan, and Council violating its own rules. Mr. Daniel L. Cardozo, Attorney with Adams, Broadwell, Joseph & Cardozo, 651 Gateway Boulevard, representing United Food & Commercial Workers Union Local 101, submitted a hand-out of General Plan pages 2-i and 2-29. He referenced his remarks from a letter submitted previously to Council and responded to comments made by Ms. Davidoff. He discussed reasons why the Wal-Mart Precise Plan should be denied, and stated his support for the interim ordinance. Councilmembers agreed that the rational and statements made at its December 8 Redevelopment Agency meeting still apply and need not be repeated. City Attorney Mattas requested that a minor modification be made in the first recital (first paragraph) of the proposed ordinance, as follows, "....including ensuring that regional commercial uses in the East of 101 area..." He also responded to the comment made by Ms. Davidoff that Wal-Mart will not impact the downtown area, and noted for the record that both the Sedway and ERA reports show that there is a definite impact on the downtown area. He further clarified that the ordinance applies to all proposed uses in the undeveloped areas of the Bay West Cove Specific Plan Area and is not focused on one particular user. Motion-Mullin/Second-Fernekes: To waive reading and adopt an Ordinance Adopting a Moratorium Prohibiting Approval of Specific Plan Amendments, Precise Plans and Conditional Use Permits for Planning Areas 1, 2, and 3 of the Bay West Cove (Shearwater) Specific Plan Area, including the correction to the first recital as corrected previously. On the question: Councilman Datzman asked that the City Attorney clarify the specific uses that are impacted by the adoption of the interim ordinance. City Attorney Mattas stated that hotel and other permissible commercial uses in areas 1, 2 and 3 apply to this moratorium. Councilman Datzman asked that the motion be split. Councilman Mullin withdrew his motion and Mayor Pro Tem Fernekes withdrew his second to the motion. Motion-Mullin/Second-Fernekes: To waive reading of an Ordinance Adopting a Moratorium Prohibiting Approval of Specific Plan Amendments, Precise Plans and Conditional Use Permits for Planning Areas 1, 2, and 3 of the Bay West Cove (Shearwater) Specific Plan Area, including the correction in the first recital. Unanimously approved by roll call vote. Motion-Mullin/Second-Fernekes: Motion to adopt an Ordinance Adopting a Moratorium Prohibiting Approval of Specific Plan Amendments, Precise Plans and Conditional Use Permits for Planning Areas 1, 2, and 3 of the Bay West Cove (Shearwater) Specific Plan Area, including the correction in the first recital. Approved by the following roll call vote: AYES: Councilmen Mullin and Penna, Mayor Pro Tem Fernekes and Mayor Matsumoto. NOES: Councilman Datzman. 5. Adjournment Motion-Penna/Second-Fernekes: approved by voice vote. Respectfully Submitted: Sylv~ M. Payne, City Clerk '~' City of South San Francisco To adjourn the meeting at 7:06 p.m. Unanimously App~ved: , ~ · ~ar~moto, Mayor City of ~outh 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. SPECIAL CITY COUNCIL MEETING DECEMBER 15, 1999 MINUTES PAGE 2 MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO SPECIAL MEETING DECEMBER 15, 1999 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE CALL TO ORDER: 7:39 p.m. (Cassette Tape No. 1) ROLL CALL: Present: Councilmembers Datzman, Mullin and Penna, Mayor Pro Tem Fernekes and Mayor Matsumoto. Absent: None PLEDGE OF ALLEGIANCE: Led by Mayor Matsumoto PRESENTATIONS · Proclamation to Former Parking Place Commissioner Barbara E. Ziegler - presented by Councilman Penna. BART Monthly Update - Ms. Jaymie Steen reported on the current status of construction along the BART route and that the South San Francisco BART station contract was awarded to Tutor Saliba Slattery. Work is anticipated to start at the end of December. The Colma Creek by-pass channel work will begin in Spring 2000 and rail installation work will begin in January, 2000. A kick-off for the South San Francisco station is scheduled for Spring 2000, the exact date has not yet been determined. In response to Councilman Penna's question, Ms. Steen explained that the cement culverts being placed along Mission Road are part of the Colma Creek Improvement Project and will only be installed at the northern part of the creek in South San Francisco. AGENDA REVIEW No changes. ORAL COMMUNICATIONS Mr. Jihad Sheikh-Hassan, P.O. Box 4065, Burlingame, and Mr. Paul Davies, 55 W 5th Avenue, #3D, San Mateo, requested Council's approval to obtain a taxicab permit to operate in South San Francisco. Mr. Hassan stated he is allowed to drop off passengers to a location in South San Francisco, but is not allowed to pick-up customers. City Manager Wilson stated that the matter will be reviewed and a report will be prepared for Council. Mr. Nick Paterson, resident of South San Francisco, explained an incident that occurred at his home when a neighbor entered without permission. Mayor Matsumoto directed staff to investigate the matter and prepare a report for Council's information. Mr. David Valkenaar thanked Council for its support during his tenure as Manager for the Aircraft Noise Insulation Program. He informed Council that he is on a one-year tandem bicycle tour around the world with his wife. Mr. John Mascio, 912 Linden Avenue, voiced his opinion about the terrible condition of the railroad tracks at South Linden and Railroad Avenues. Ms. Jackie Williams, 242 Longford Drive, reiterated her concern regarding the Serra Vista School site and questioned whether the property is designated surplus or surplus for lease. She asked that the City Attorney find out if the School District is still paying property taxes. She voiced her frustration with obtaining information and the difficulty she has had following up on issues. Councilman Datzman responded that the City is waiting for a letter from Dr. Rigg before the School Liaison Subcommittee (Datzman/Fernekes) meets again, the subcommittee will then report to Council. Mr. Collin Post, 1136 Sunnyside Drive, described the process for placing culverts in the ground as part of the Colma Creek Improvement Project for Councilman Penna's benefit. He also voiced his opinion concerning Wal-Mart and felt the people should vote on the issue. COMMUNITY FORUM Councilman Mullin reported that the Emergency Homeless Shelter Task Force is meeting on December 17 and is continuing to explore site options in the North San Mateo County area. Councilman Penna reported that he will be attending the San Mateo County Convention and Visitors Bureau meeting on December 16. COUNCIL SUBCOMMITTEE REPORTS Councilman Datzman reported that he attended an Alliance (Peninsula Congestion Relief Alliance) meeting today, formerly known as MITSMA and ITSMA. Alliance is comprised of fifteen North and South County agencies. Mayor Pro Tem Fernekes reported on the recent meeting of the Cable/Fibre Optics Subcommittee (Fernekes/Datzman) that discussed RCN Telecom Services, the current cable station line-up, and televising Planning Commission meetings as part of local programming. Staff will be working with AT&T to look at alternatives to the current 10-hour per week community programming schedule. ADMINISTRATIVE BUSINESS 1. Motion to Adopt an Ordinance Amending Municipal Code Chapter 20.63 (Terrabay Specific Plan District) for the Phase II Woods Development of the Terrabay Project) (No staff report presented.) SPECIAL CITY COUNCIL MEETING DECEMBER 15, 1999 MINUTES PAGE 2 Motion-Fernekes/Second-Penna: To adopt Ordinance No. 1263-99 adopting an Amended Development Agreement for Phase II (Woods Property) of the Terrabay Development. Approved by the following roll call vote: AYES: Councilmembers Datzman, Mullin and Penna, and Mayor Pro Tem Fernekes. NOES: Mayor Matsumoto. 2. Motion to Adopt an Ordinance Adopting a Restated and Amended Development Agreement for Phase II of the Terrabay Development (No staff report presented.) Mr. John Mascio, 912 Linden Avenue, reminded Council that it should be listening to residents of South San Francisco and not outside advocacy groups. He stated his support for the Terrabay development. Motion-Mullin/Second-Fernekes: To adopt Ordinance No. 1264-99, amending Municipal Code Chapter 20.63 (Terrabay Specific Plan District) for the Phase II Woods Development of the Terrabay Project. o Resolution Authorizing the Execution of an Exclusive Negotiating Rights Agreement Between the City of South San Francisco, the Redevelopment Agency and Robert and Kathleen Giorgi for the Exchange of Property Located on the 200 Block of Baden Avenue Staff report presented by Redevelopment Project Manager Beyer. Councilman Mullin verified, and staff confirmed, that this action is only to explore the feasibility of the proposal. Councilman Penna supported the direction Council was taking and that this action allows property owners to accumulate land to expand their business. He suggested consideration of a comprehensive policy regarding this type of process for the Redevelopment Agency to adopt. Motion-Fernekes/Second-Penna: To approve Resolution No. 161-99, authorizing the execution of an exclusive negotiating rights agreement between the City of South San Francisco, the Redevelopment Agency and Robert and Kathleen Giorgi for the exchange of property. Unanimously approved by voice vote. ITEMS FROM COUNCIL Approval of Ballot Argument Related to Referendum Against Adoption of Portions of Resolution 136-99 Related to the South San Francisco General Plan Provisions for the El Camino Corridor Area. City Attorney Mattas explained the process for submitting the ballot argument by the deadline date of December 20. He advised Council that the subcommittee (Matsumoto/ Mullin) will need direction to finalize the ballot argument and to sign it on behalf of Council. SPECIAL CITY COUNCIL MEETING DECEMBER 15, 1999 MINUTES PAGE 3 Mr. Fred Etzel, Attorney, 4 Embarcadero Center, San Francisco, requested a copy of the draft argument prepared by the subcommittee in order to follow along with the discussion. Mayor Matsumoto stated that the draft is not completed due to time constraints. Councilman Mullin, Mayor Matsumoto and City Attorney Mattas discussed the time elements and the subcommittee agreed to meet on Friday, December 17. In response to Councilman Datzman's question, City Attorney Mattas advised Council that the motion is to provide authority to the subcommittee to prepare, sign and submit the ballot argument in support of Council's action on the General Plan. Mrs. Sophie Mason, 10 Arlington Drive, stated she wanted to obtain a copy of the draft argument before it is submitted. Mayor Matsumoto stated that she was unsure when it would be available. City Attorney Mattas advised that arguments are submitted in an argument/ rebuttal format followed by a ten day review period. Motion-Datzman/Second-Penna: To provide authority to the Council subcommittee to go forward with the preparation of the ballot argument on behalf of Council. Approved by voice vote. ABSTAIN: Mayor Pro Tern Fernekes. (Items from Council - continued) Councilman Datzman reported that he received two e-mails concerning ArtRise and submitted them to the City Manager for the Council subcommittee (Matsumoto/Fernekes) to respond. He and Councilman Mullin complimented Director Gibbs and the Department of Public Works on the department's 13 page activities' status report that Council recently received. Mayor Matsumoto announced the San Mateo County City Selection Committee meeting will be held December 16 and reviewed various positions that need to be filled. Councilman Mullin volunteered to be the representative to ABAG if the alternate or any other representative was not interested. It was agreed to support Burlingame Councilwoman Mary Janney for the SamTrans Central District. Council was split between Daly City Councilman Mike Guingona and Pacifica Councilwoman Maxine Gonzalez for the SamTrans Northern District seat. Mayor Matsumoto stated she would make the deciding vote at the meeting. It was agreed to support San Mateo Councilman John Lee and Brisbane Councilman Lee Panza for the San Mateo County Transportation Authority. Mayor Matsumoto appointed Mayor Pro Tem Fernekes and Councilman Mullin to an ad-hoc Council subcommittee for the purpose of formulating a community survey related to capital improvement projects. The Council discussed with staff the January 6, 2000 community meeting, 7:00 p.m., at the Westborough Recreation Center for the purpose of updating the community on upcoming issues, to answer questions, and get feed back from residents. City Manager Wilson stated that this will be a noticed meeting, but Councilmembers are not required to attend. GOOD AND WELFARE None. SPECIAL CITY COUNCIL MEETING DECEMBER 15, 1999 MINUTES PAGE 4 CLOSED SESSION 5. (Recess: 8:51 p.m.-9:15 p.m.) Pursuant to Government Code Section 54956.9, City of South San Francisco vs. Union Pacific Railroad Company Convened into Closed Session: 9:15 p.m. Reconvened into Open Session: 10:10 p.m. All Councilmembers present. City Attorney Mattas announced, on behalf of Council, direction given/no action taken. ADJOURNMENT Mayor Matsumoto announced that Council wished to take this opportunity to remember Mrs. Rose Barsi, who passed away on December 11, 1999, a wonderful woman who was active in the community and touched many of our lives. Motion-Penna/Second-Femekes: To adjourn the meeting in memory of Rose Barsi at 10:13 p.m. Unanimously approved by voice vote. Respectfully Submitted: Sylvi~,/M. Payne, City Clerk City 6f South San Francisco Approved:, ~moto, Mayo. r 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 DECEMBER 15, 1999 MINUTES PAGE 5