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HomeMy WebLinkAboutMinutes 2002-04-24MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING APRIL 24, 2002 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE CALL TO ORDER: 7:51 p.m. (Cassette Tape No. 1) ROLL CALL: Present: Councilmembers Green and Matsumoto, and Mayor Mullin Absent: Councilman Femekes and Mayor Pro Tem Gonzalez PLEDGE OF ALLEGIANCE: Led by Mayor Mullin INVOCATION: Reverend Don Wertz, Good News Chapel PRESENTATIONS Teen Poetry Contest 2002 - Assistant Library Director Cheryl Grantano informed Council that the contest is co-sponsored by the Cultural Arts Commission and Friends of the Library. She introduced Cultural Arts Commissioner Alicia Gonzalez, Friends of the Library President Diane Ingalls and Library employee Mary Torres. She announced the contest st na - rd winners: 1 Prize: Corinne Contreras; 2 Prize: Maya Curry; and 3 Prize: Gloria Escobar. Ms. Curry presented her poem "A Pitiless Fiend". · Proclamation: National Historic Preservation Week, May 12-18, 2002 - Mayor Mullin presented proclamation to Historic Preservation Commission Chairman Frank Vieira. Customer Service Award - Human Resource Director Bower displayed the award that was recently bestowed upon the City for its Next Level Customer Service Program by the International Personnel Management Association, Northern California Chapter, for Excellence in Innovation in Human Resources. AGENDA REVIEW City Manager Wilson requested the lottery drawing, being considered under Presentations, and the Closed Session be pulled from the Agenda. PRESENTATIONS - continued Project for Public Spaces - Senior Planner Mike Lappen provided a visual presentation on the program, its goals, and the workshops that were held. He explained that the planning group, Project for Public Spaces, was hired by the County of San Mateo, and the program is co-sponsored by SamTrans, SAMCEDA and several San Mateo County cities, to look at a sense of place in the downtown area. Mayor Mullin commented on the concept plan and expressed his desire to see the train station moved to a more accessible location. City Manager Wilson reported that construction of the new train station is to begin in four years, if there are no delays. Lottery drawing for First Time Home Buyer Program - Consultant Armando Sanchez Item pulled from the Agenda. PUBLIC COMMENTS Mr. Donald E. Mason, 10 Arlington Drive, stated his frustration regarding a rest home/business moving into his neighborhood without the residents being notified by the City. Mayor Mullin and City Attorney Mattas responded that group homes (six unrelated adults) are allowed by State law and are exempt from municipal law. Mayor Mullin directed City Attorney Mattas to respond to Mr. Mason in writing. Mr. Mason stated his indignation with the recent approval of the Orange Park Sculpture Garden and asked for an estimated cost of maintaining the sculptures. Mayor Mullin directed the Parks, Recreation and Maintenance Services Director to respond to Mr. Mason in writing. Mr. Mason voiced his concern that air pollution in the community is getting worse with each new development and is affecting the elderly and the children. Mr. Marc Santamaria, 528 Hanover Street, Daly City, Ms. Sunshine Vinco and Mr. Femando Arellano, presented an overview of Unity 2000, a youth group promoting non-violence. Mr. Arellano invited Council to a networking dinner to be held July 12, 2002 at the Buflingame Embassy Suites. He also asked Council to be a sponsor of their organization and for financial support in the amount of $2500. Mayor Mullin stated Council will review the request. Ms. Jackie Williams, 242 Longford Drive, questioned the funding source for the First Time Homebuyers Program. She asked if a meeting date has been scheduled for the school liaison committee. Mayor Mullin stated a tentative date has been scheduled for May 9, 2002, 2:00 p.m., and staff will notify Ms. Williams when it is confirmed. Ms. Williams requested the meeting be recorded. Ms. Williams requested information on who was present at the subcommittee meeting with representatives of the West Winston Manor Community Association (refer to April 10, 2002 minutes, Items from Council). She questioned the legalities of the meeting. Mayor Mullin requested the City Attorney respond to Ms. Williams' concerns. CONSENT CALENDAR 1. Motion to confirm expense claims of April 24, 2002 in the amount of $2,511,303.80 Motion to adopt Ordinance No. 1307-2002, amending Chapter 20.74.120 of the South San Francisco Municipal Code related to off-site parking requirements (city-wide) o Motion to accept Tennis Drive Reconstruction complete in accordance with plans and specifications REGULAR CITY COUNCIL MEETING APRIL 24, 2002 MINUTES PAGE 2 $/3 Resolution approving the preparation of the plans, specifications and cost estimates for a new central fire station and awarding a contract to Don Dommer Associates in an amount not to exceed $319,771 Item pulled from Consent Calendar, see below for discussion. o Resolution No. 27-2002, approving the Oak Farms final map and subdivision improvement agreement, authorizing the recordation of the map, the agreement, and the approved DCC&R's o Acknowledgement of proclamations issued: Fair Housing Month, April 11, 2002; Police Services Volunteer Appreciation Day, Police Reserve Officer Appreciation Day, Patricia Hernandez Raffaelli, April 19, 2002; and Michael Wyman (retiree First National Bank), April 19, 2002 Motion-Matsumoto/Second-Green: To approve the Consent Calendar, with the exception of Item No. 4. Approved by voice vote. Absent: Councilman Fernekes and Mayor Pro Tem Gonzalez. Consent Calendar Item No. 4: Mayor Mullin questioned the contract's "Term of Services", allowing a two-year timeframe to complete their work. Director Gibbs explained that this will allow the consultant time to make a final analysis of the site and the other facilities that will be incorporated. Motion-Matsumoto/Second-Green: To approve Resolution 28-2002, approving the preparation of the plans, specifications and cost estimates for a new Central Fire Station and awarding a contract to Don Dommer Associates in an amount not to exceed $319,771. Approved by voice vote. Absent: Councilman Fernekes and Mayor Pro Tem Gonzalez. ITEMS FROM COUNCIL · Community Forum · Subcommittee Reports Councilman Green acknowledged Administrative Professionals' Day and recognized City support staff for their efforts. Councilwoman Matsumoto reported that she attended the San Mateo County Council of Cities Legislative Committee meeting on April 13. She acknowledged the Peninsula Fire Buffs, a volunteer group, who brought coffee and donuts to South San Francisco firefighters who were recently fighting a fire in her neighborhood. Mayor Mullin reported that he attended Governor Davis' homeless summit in Sacramento, and a report will be generated as a result of the conference. He also attended a SEIU Local 760 rally for non-citizen airport screeners who are in jeopardy of losing their jobs. The union asked that the mayors of San Mateo County cities sign a letter in support of its effort to exempt SFO from the citizenship requirement during an interim period while the employees obtain their citizenship papers. It was agreed that the letter be reviewed by Council when written. REGULAR CITY COUNCIL MEETING APRIL 24, 2002 MINUTES PAGE 3 ADMINISTRATIVE BUS1NESS Resolution authorizing an increase in refuse collection rates effective July 1, 2002 and authorizing the second amendment to the Agreement for Collection and Disposal of Solid Waste Matter in the City of South San Francisco Finance Director Steele presented the staff report related to the increase in refuse collection rates. Councilman Green confirmed with staff that the rate increase is for one year and another review of the collection rates will be conducted next year. Mayor Mullin discussed with Mrs. Stephanie Uccelli-Menner of South San Francisco Scavengers, the performance of the call-in citywide clean-up program. Mayor Mullin stated his concern that participation in the program has dropped off and that the program should be publicized more aggressively. Mrs. Uccelli-Menner agreed to provide Council with data on household participation and stated a curb-side brochure is being printed in English, Spanish and Cantonese. Public Works Director Gibbs presented the staff report on the disposal of the solid waste matter. In response to Councilman Green, Director Gibbs explained the amortization of the used equipment retained by Tillo Products Co., and further explained that the waste matter at the site has been disposed of. Motion-Green/Second-Matsumoto: To approve Resolution No. 29-2002, authorizing an increase in refuse collection rates effective July 1, 2002 and authorizing the second amendment to the agreement for the collection and disposal of solid waste matter in the City of South San Francisco. Approved by voice vote. Absent: Councilman Fernekes and Mayor Pro Tem Gonzalez. (Recess: 9:02 p.m.-9:13 p.m.) PUBLIC HEARING o Resolution certifying Environmental Impact Report No. 01-006 for the Britannia East Grand Project, adopting a statement of overriding considerations and mitigation monitoring and reporting program related thereto Resolution approving General Plan Amendment GP-01-006 to delete the proposed East Grand Avenue Extension to Point San Bruno Boulevard Resolution approving PUD-01-006, UP-01-006, and DR-01-006 to allow development of a 26.9-acre office/research and development campus on a site located at the easterly terminus of East Grand Avenue in the P-1 Planned Industrial Zone District Motion to waive reading and introduce an ordinance approving a Development Agreement for the Britannia East Grand Project located at the easterly terminus of Grand Avenue REGULAR CITY COUNCIL MEETING APRIL 24, 2002 MINUTES PAGE 4 Staff report and visual presentation given by Principal Planner Susy Kalkin. During the presentation, Mayor Mullin stated his concern regarding the developer's obligation to build a childcare facility by the year 2007. He felt it was too generous of a timeline. In response to Mayor Mullin's question regarding the TDM program, Principal Planner Kalkin confirmed that the cumulative traffic and regional air quality impacts identified in the EIR as significant and unavoidable were also identified in the 1999 General Plan EIR, which Council adopted and approved a statement of overriding considerations. Mayor Mullin discussed with staff the concern raised in letters from the South San Francisco Scavenger Company and Mr. Gary Royce, attorney representing Haskins' property, regarding an additional obligation be placed on the Slough project for the shared remediation costs of Haskins' contaminated slough. In response to Mayor Mullin's question why the item was not under the purview of the Redevelopment Agency, City Attorney Mattas stated that the Downtown Central Redevelopment Plan does not designate the Redevelopment Agency as the land use authority, as specified in the Shearwater Redevelopment Project Area Plan. Public hearing opened. Mr. Bill Rogalla, applicant, Slough Estates, gave a presentation and visual overview of his company and the business parks Slough has developed. Mr. Tom Gilman and Ms. Susan Eschweiler, DES Architects of Redwood City, gave an animated video presentation of the proposed development, a review of the TDM plan and proposed materials for the buildings' facades. Mr. Tom Graf, GeoSyntec Consultants, consultant for Slough Estates on environmental issues, reviewed the site remediation efforts and the deed restriction that requires a soils and groundwater management plan. He stated the site is designed as a cap so that areas that contain lead will be covered by buildings or a minimum of three feet of landscaping. Mayor Mullin recollected hearing that the site has a subterranean structure cabled to the hillside and was used for the handling of volatile paint products. He stated that the structure, if it exists, may surface near the potential location of the parking structure or childcare facility. In response to Mayor Mullin's concerns regarding monitoring, Mr. Graf stated that the Department of Toxic Substances Control (DTSC) is the lead agency for the site and air monitoring will be managed by the contractor. In response to Councilwoman Matsumoto's concern regarding carcinogens being on site, Mr. Graf stated that significant traces of the basic petroleum hydrocarbons have been detected including xylene, which is not a carcinogen. REGULAR CITY COUNCIL MEETING APRIL 24, 2002 MINUTES PAGE 5 Councilman Green discussed with Mr. Graf the impact of toxins (airbome asbestos) in the area of the proposed childcare site as well as the on-site delicatessen. Mr. Graf gave a detailed explanation of the monitoring process during construction and the dust control measures that will confine the dust. Mr. Graf further explained that DTSC still needs to agree to the childcare location and must make an exception to the deed restriction. Mayor Mullin verified with Mr. Graf that DTSC uses a citation process that assures the general contractor and subcontractors are trained and certified for excavation work. Mayor Mullin further discussed with Mr. Graf the Bay front area that produced an elevated level of toxics. Mr. Graf stated the lead concentration levels were very low and is not at-risk for people who will be walking the Bay front. In response to Mayor Mullin, Mr. Richard Booth, Sequoia Solutions Consulting, TDM consultant for Slough Estates, stated that discussions have been held with the Peninsula Congestion Relief Alliance to expand the existing Utah Avenue/East Grand Avenue shuttle system. He stated that the expansion will be done incrementally as the buildings are built and the shuttles will take employees to the Glen Park BART station and eventually to the Tanforan BART station. He further stated that SamTrans receives a grant from the Air Quality Control District that subsidizes the BART shuttles. Councilwoman Matsumoto discussed with Mr. Booth the TDM program and Slough's decision to charge employees a parking garage fee in an effort to reduce the "drive alone" ratio. Mr. Booth informed Council that the Bay West Cove project will also have a parking garage fee. In reference to the 30% TDM target, Mr. Booth clarified that for every 1% below that mark, a $15,000 fine goes into TDM programs for three years and after that the fines go to the Alliance. Councilwoman Matsumoto stated her support for the design of the project, but expressed concern regarding the traffic and skepticism that the 30% TDM target will be reached. (Cassette Tape No. 2) In response to Councilman Green, Mr. Booth explained that the BART shuttle, operated by the Alliance, will be using the Tanforan station because it will accommodate shuttle buses and will have access to the SFO connection. He stated that the possibility of a ferry terminal at Oyster Point has also been considered as part of the shuttle system route. Mayor Mullin confirmed with Mr. Booth that the off-peak employee work schedules are factored into the TDM program, but is hard to quantify. Mr. Rogalla concluded the presentation. Mr. Gary Royce, Attomey at Law, 421 Grand Avenue, representing the Haskins' property and speaking with concem (letter presented to Council), stated that the slough area owned by Haskins is valuable land and that the contamination of that slough came from the Fuller O'Brien property. He stated that there is an equity issue and asked that a provision be included in the Slough development agreement addressing a financial obligation for the clean-up of the slough if an order comes down from the Regional Water Control Board. A lengthy discussion regarding the history of the issue ensued between Mayor Mullin and Mr. Royce. City Attorney Mattas clarified for Council that REGULAR CITY COUNCIL MEETING APRIL 24, 2002 MINUTES PAGE 6 Mr. Royce's issue is not a land use issue, but falls under federal law. He stated that the development agreement, that would need to be negotiated between the two parties, is the only vehicle where this type of commitment can be imposed as the City does not have the nexus requirement to impose the condition on Slough to improve the off-site property or contribute to it. Mr. Royce reiterated that there was an equity issue between Slough and Haskins property. Mr. Graf interjected his opinion that slough contaminants are a result of an outfall of stormwater from a very large area rather than the Fuller O'Brien site. In response to Councilwoman Matsumoto's question regarding who will be responsible for removing exotic vegetation, Mr. George Molnar, LSA Associates, stated the mitigation measure will apply to the owner of the property in perpetuity. Councilwoman Matsumoto confirmed with staff that bike path improvements will be made along the entire length of East Grand Avenue. She further discussed with staff her concern of the number of vehicle trips the development will generate and the ensuing gridlock. Mayor Mullin countered that the development, if not built here, will be built in a nearby community and South San Francisco will still have the traffic problems (pass-through traffic) without the benefits of the development. Public hearing closed. Motion-Green/Second-Mullin: To approve Resolution No. 30-2002, certifying an environmental impact report for the Britannia East Grand project, adopting a statement of overriding considerations for said project and approving a mitigation and monitoring program for said project. Approved by the following roll call vote: AYES: Councilman Green and Mayor Mullin. NOES: Councilwoman Matsumoto. ABSTA1N: None. ABSENT: Councilman Femekes and Mayor Pro Tern Gonzalez. Motion-Green/Second-Matsumoto: To approve Resolution No. 31-2002, approving General Plan Amendment GPo01-006 to delete the proposed East Grand Avenues Extension to Point San Bruno Boulevard. Approved by the following roll call vote: AYES: Councilmembers Green and Matsumoto, and Mayor Mullin. NOES: None. ABSTAIN: None. ABSENT: Councilman Femekes and Mayor Pro Tem Gonzalez. Motion-Matsumoto/Second-Green: To approve Resolution No. 32-2002, approving PUD-01-006, UP-01-006, and DR-01-006 to allow development of a 26.9 acre office/research and development campus on a site located at the easterly terminus of East Grand Avenue in the P-1 Planned Industrial Zone District, including a correction to Conditions of Approval, page 185 of staff report, as follows: c: Sewer Facility Impact Fee ...the applicant shall pay the Sewer Facilities fee i-f in effect at the time of building permit issuance. Approved by the following roll call vote: AYES: Councilmembers Green and Matsumoto, and Mayor Mullin. NOES: None. ABSTAIN: None. ABSENT: Councilman Femekes and Mayor Pro Tem Gonzalez. REGULAR CITY COUNCIL MEETING APRIL 24, 2002 MINUTES PAGE 7 Motion-Matsumoto/Second-Green: To waive reading and introduce an ordinance adopting a development agreement with Slough SSF for the Britannia East Grand Project. Approved by the following roll call vote: AYES: Councilmembers Green and Matsumoto, and Mayor Mullin. NOES: None. ABSTAIN: None. ABSENT: Councilman Fernekes and Mayor Pro Tern Gonzalez. CLOSED SESSION o Pursuant to Government Code Section 54956.9(a) Existing Litigation: Aetna Realty v. City of South San Francisco Item pulled from Agenda. ADJOURNMENT Motion-Green/Second-Matsumoto: To adjourn the meeting at 11:34 p.m. Approved by voice vote. Submitted by: Payne, City Clerk ~" City of South San Francisco Approved: 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 APRIL 24, 2002 MINUTES PAGE 8