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HomeMy WebLinkAboutMinutes 1985-01-16Mayor Richard A. Haffey Vice Mayor Roberta Cerri Teglia Council: Mark N. Addiego Emanuele N. Damonte Gus Nicolopulos MINUTES City Council City Council Conference Room City Hall January 16, 1985 22 AGENDA ADJOURNED REGULAR MEETING CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE: AGENDA REVIEW City Manager B!rkelo requested that the following items be added: Adoption of four Resolutions for multiple housing mortgage revenue bonds inducement. A RESOLUTION AUTHORIZING THE ISSUANCE OF BONDS FOR THE PURPOSE OF PROVIDING FINANCING FOR MULTIFAMILY RENTAL HOUSING DEVELOPMENT (ROTARY PLAZA ANNEX, INC. PROJECT) A RESOLUTION AUTHORIZING THE ISSUANCE OF BONDS FOR THE PURPOSE OF PROVIDING FINANCING FOR MULTIF~IILY RENTAL HOUSING DEVELOPMENT A RESOLUTION AUTHORIZING THE ISSUANCE OF BONDS FOR THE PURPOSE OF PROVIDING FINANCING FOR MULTIFAMILY RENTAL HOUSING DEVELOPMENT (MAGNOLIA CENTER PROJECT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AUTHORIZING THE ISSUANCE OF BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION AND CONSTRUCTION OF MULTI-FAMILY RENTAL HOUSING FACILITIES BY SAN MATEO DEVELOPMENT CORP., A CALIFORNIA CORPORATION AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO ACTION TAKEN ADJOURNED REGULAR MEETING 5:05 p.m. Mayor Haffey presiding. Council present: Council absent: Nicolopulos, Teglla, Damonte and Haffey, Addiego. The pledge of allegiance was recited, AGENDA REVIEW City Manager Birkelo stated that Council did receive copies of several additional resolutions for possible consideration of mortgage revenue bond inducement resolutions that went out on Monday. Deputy City Manager Lewis stated that three resolutions were included in the packets and distributed on Friday~ addi- tionally on Monday we distributed a second resolution for three more projects for Council review. He continued, if the Council would like to consider those three additional projects it should be added to the agenda. City Manager Birkelo stated that it was necessary to hold a Closed Session tonight for labor relations. Mayor Haffey stated that the agenda had grown, more than anticipated, when the Council had mentioned at the last meeting that it was looking forward to the meeting ending at 6:30 p.m. City Manager Birkelo stated that aside from the resolutions on the bond financing, which we mentioned at the last meeting, Staff wanted to take care of several of those items which are hang over items from previous Council meetings. He stated that Staff was looking for direction rather than Council action. 1/16/85 Page 1 AGENDA AGENDA REVIEW City Manager Birkelo requested - Cont. ACTION TAKEN AGENDA REVIEW Councilman Damonte expressed concern over the items added to the agenda. Deputy City Manager Lewis stated that he had submitted a fairly detailed staff report on Friday that summarized the mortgage revenue bonds. He stated that before Council tonight for consideration were four resolutions which are multifa- mily housing revenue bond inducement resolutions. He continued, two of the projects are non-profit senior citizen housing projects and the other two reso- lutions cover full profit projects. He stated that multifamily mortgage revenue bonds are very similar to industrial revenue bonds, in that the City does not have any direct financial liability or responsibility. He spoke of the advantage of the use of tax exempt reve- nue bonds for multifamily housing: it lowers the cost of borrowing money for the developer and therefore theoretically lowers the rent; the Federal requirement is that 20% of the housing project be set aside for low and moderate income people; that the units must be kept as rental units for a minimum of ten years. He stated that he had passed out a memo from the Planning Department tonight which discusses the history of Carter Park I and II and III which is the fourth resolution before Council for action. Councilman Nicolopulos stated that he did not care to take action on items given to Council at the last minute by Staff when there was no opportunity to review the documents before hand. He stated that he would listen to the item but would not make a decision. Deputy City Manager Lewis stated that the information about Carter Park was handed out tonight for information purposes. He stated that Carter Park I and II had been previously reviewed by Planning but without current approval. He stated that if Carter Park I and II was to proceed it would have to start over again. He con- 1/16/85 Page 2 AGENDA ACTION TAKEN AGENDA REVIEW City Manager Birkelo requested - Cont. AGENDA REVIEW tinued, Carter Park II was being proposed as a multifamily project in a single family zone which was a concern to Staff because of its inappropriateness and Council may not wish to consider Carter Park III's inclusion in the multifamily housing projects. Mayor Haffey stated that Councilman Nicolopulos had a good point in not wanting to receive things at the last minute and Council had expressed displeasure on that on a number of occa- sions. He stated that this application was different because it came in late from the people who have Carter Park I; II and III, otherwise it would have been submitted with the other three resolu- tions in Friday's packet. He questioned the implications of Council not taking action on the items. Deputy City Manager Lewis stated that there were no direct implications at this time if no action was taken on any of these items. He stated that Congress is giving consideration to the elimination of the use of tax exempt financing for multifamily housing projects but it does not appear at this time to be taking place between now and the next meeting. Ken Jones, Esq., Jones, Hall, Hill & White, stated that there was no offlcal deadline, but there was a rumor that mem- bers of Congress were going to introduce legislation on that subject and that will contain a deadline for projects to allow them to be financed by this method. He stated that as long an an inducement resolution was adopted prior to January 22nd, however he did not present this as a fact - it is a rumor which has triggered the presentation of this type of action by Councils throughout the country; but the only function that it serves at this time would be to quality the project for the financing at the time the City and the developer involved might want to do it. He stated that it does not constitute a commitment, but it does 1/16/85 Page 3 AGENDA ACTION TAKEN AGENDA REVIEW City Manager Birkelo requested - Cont. AGENDA REVIEW represent a qualification to do it if you want to do it later. He stated that the element of time here was to be prepared in case legislation was enacted. Vice Mayor Teglia suggested that the last resolution that was delivered tonight be separated and Council should deal with the three resolutions received previously. Mayor Haffey stated that he that he would hate to see Carter Park I and II jeopardized. Councilman Damonte stated that the Council was trying to meet a deadllne~ but there is no commitment on the part of the City, no acceptance of projects was involved. He suggested going through each bearing in mind that the Council was not committed to any project including Carter Park III because there are many steps in between before there was accep- tance of any of the projects. Mayor Haffey stated that he would not disagree, however the only problem he had with Carter Park III is that it is in conflict with the General Plan. He questioned if the City committed to these bonds for Carter Park III would it preju- dice the Council in any way to the upzoning of that property or the General Plan Amendment to the project that was going to be submitted that is i ncon- si stent wi th the General Plan. Deputy City Manager Lewis stated that he would say no to that. City Attorney Rogers stated no, but if the Council knew the history of the pro- ject, it goes back ten years, everything this City has done with the project Mr. Callan used for an issue to say he has the right to build further units. Mayor Haffey questioned if the Council would jeopardize the General Plan or be f~rced to go along with it if the resolu- tion was approved. 1/16/85 Page 4 AGENDA ACTION TAKEN AGENDA REVIEW City Manager Birkel o requested - Cont. AGENDA REVIEW City Attorney Rogers stated no, not with this resolution. Councilman Damonte stated that was why he had asked the question because the Council did not want to be bound to an agreement that doesn't exist. Vice Mayor Teglia stated that she only had a problem with III because the Council is talking about a high density project and that the area was zoned She requested that the items be con- sidered separately so she could vote no on Carter Park III. City Manager Bi rkelo stated that resolu- ti on 4 grouped Callan Park I, II and !! and that a fifth resolution would be written for Callan Park III and that 4 would be only for Callan Park I and Mayor Haffey stated that what he was hearing was that Councilman Nicolopulos wants to vote only on what was presented in the Friday packet and on nothing pre- sented this evening. Councilman Nicolopulos stated that in view of what was heard this evening he would not jeopardize the projects since the City was not seriously involved. M/S Damonte/Teglia - To adopt the Resolution on Rotary Plaza Annex, In¢.~ for financing for mul ti fami ly rental housing development. RESOLUTION NO. 11-85 Carried by unanimous voice vote. M/S Oamonte/Teglia - To adopt the Resolution on Mission Glen Investment Group for financing for multifam~ly ren- tal housing development. RESOLUTION NO. 12-85 Carried by unanimous voice vote. 1/16/85 Page 5 AGENDA ACTION TAKEN 2~ AGENDA REVIEW City Manager Birkelo requested - Cont. Councilman Addiego arrived. AGENDA REVIEW M/S Damonte/Teglia - To adopt the Resolution for Magnolia Center for financing for mul ti fami ly rental housing development. RESOLUTION NO. 13-85 Carried by unanimous voice vote. M/S Damonte/Nicolopulos - To adopt a rewritten Resolution covering Carter Park I and II for financing for multifamily rental housing development. RESOLUTION NO. 14-85 Carried by unanimous voice vote. M/S Damonte/Nicolopulos - To adopt hy title only a Resolution for Carter Park III for financing for mul ti family rental housing development. RESOLUTION 15-85 Councilman Damonte stated that the motion made was with the full understanding that this did not jeopardize the General Plan or in any way show any acceptance by the City Council of the project. Vice Mayor Teglia stated that when this item went to the Planning Commission that body was not to consider this as any kind of a direction from the Council. Carried by unanimous voice vote. Vice Mayor Teglia stated that she wanted to change her vote on the Resolution for Carter III to no. Mayor Haffey stated that the Vice Mayor's vote should be changed to no. Carried by majority voice vote, Teglia voted no. Councilman Addiego arrived at 5:27 p.m, Councilman Damonte stated that one of the gentlemen in attendance at tonight's meeting had parked in the Vice Mayor's 1/16/85 Page 6 AGENDA ACTION TAKEN AGENDA REVIEW Consideration of amendments to the Harbor District Joint Powers Agreement, AGENDA REVIEW parking space and that when this was pointed out to the gentlemen, he stated that the parking space was not marked. He requested Staff to have the Council parking spaces so marked. City Manager Birkelo stated that he had placed a brief memo before Council this evening with a recommendation as to a direction that he believed the Council would want to consider on this item. He stated that there was a meeting of the Advisory Board on Monday and that Councilman Nicolopulos was in attendance at the meeting as a member and had some comments for Council. He spoke of the list of 14 possible amendments to the JPA of the City/Harbor District which former Mayor Addiego had given a report to Council on the recommendations last June Which the representative did not accept, He stated that Monday's meeting was the first one held since last June. He stated that it was agreed, at that time~ to set a schedule of all the proposals the Harbor District made and concentrate on the items that had merits from the City representative's standpoint: 1) That the Marina Advisory Board be reconstituted into a four member liaison committee to facilitate communications between the two bodies (because in any event action has to be a concurrence by the two bodies and that this type of board would better facilitate com- munications and not raise all the questions as to what the legal respon- sibilities of that group were). Discussion followed: that presently it was a five member board with two repre- sentatives from each board and a member from the public; eliminating the public member; authorize Staff to discuss with the District provisions of the Joint Powers Agreement now that the City and the Board will split the profits 50-~0; the fact that the Board put $3,000,000 into the project other than what they originally agreed to in the JPA raised question~ of w~ether the Cit~ would give some preferential recovery ot excess con- 1/16/85 Page 7 AGENDA AGENDA REVIEW Consideration of amendments to the Harbor District Joint Powers Agreement - Continued. ACTION TAKEN AGENDA REVIEW tributions before going to the 50-50 split; that the possibility of preferen- tial recovery had never been acted upon by the City; etc. City Manager Birkelo stated that Item 2) was to allow staff to work out a proposal on a profit sharing arrangement; and 3) to get the Council to approve the waiver of building and sewer fees for those two buildings in the amount of $2,173.53 in that the City is the owner of the land and that the cooperative attitude has been to waive the fees. He stated that the two buildings were the Harbor Master's office and the maintenance building, both of which were owned by the District. Councilman Damonte stated that he could see the fees being waived on buildings used by the public,however all other buildings that the people are paying rent to occupy should not be waived. Mayor Haffey agreed that when there was private development there that they should pay the fees, but when the Harbor District is constructing its buildings for the operation of its public harbor and use for both the administration and maintenance buildings - was similar to the City erecting a new corporation yard and charging itself sewer fees. Vice Mayor Teglia questioned if the three recommendations were for motion and passage this evening. City Manager Birkelo stated that he was asking for approval to go ahead with documents to bring back to Council for action. Discussion followed: on keeping the public member; that the Harbor District would like to eliminate the public mem- ber; that the public member can llve anywhere within San Mateo County; that the public member lived in South San Francisco and was in accord with the City; relation between the District and 1/16/85 Page 8 AGENDA ACTION TAKEN AGENDA REVIEW 2. Consideration of amendments to the Harbor District Joint Powers Agreement - Continued. Motion to set a Public Hearing date for 2/13/85 for the San Bruno Mountain Habitat Conservation an~ Site Specific Amendment. 4. Citizen Contact Training. AGENDA REVIEW the City over a period of years; the pur- pose of the Advisory Board and whether it could be done away with or to restruc- ture the Board; that the matter should be agendized for two meetings from now; abandon the Board and have Staff from each Agency meet and make recommendations to their bodies; that another represen- tative from Council should be named to the Board in that Councilman Addiego did not choose to be a representative. M/S Nicolopulos/Addego - To accept the three recommendations. Carried by unanimous voice vote, Teglia and Damonte voted no. M/S Nicolopulos/Damonte - To set 2/13/85 as a public hearing for the San Bruno Mountain Habitat Conservation Plan. Carried by unanimous voice vote. Police Chief Datzman stated that there was money in the budget to provide for citizen contact training which was a followup of the long term planning docu- ment where there had been discussion of phasing it over a three year period. He stated that the vendor, California Planners, the City Manager and himself had looked into the document and were seeking POST approval for training. He stated that he would be coming back to Council after the City Attorney has looked at the formalized contract and at this time it was just an informational item. City Manager Birkelo stated that the Council at budget time had expressed an !nterest in a possible broader application ~n the City which this does not precludej and the contractor prefers to do a pilot with the Police group and at which time there would be an assessment with the Council. Police Chief Datzman stated that he had checked out the individual ¥it~.gther . agencies where he has done tra~n~n§ and had received good feedback. 1/16185 Page 9 AGENDA A C T I O N T AK E N ~'~ ~AGENDA REVIEW 4. Citizen Contact Training - Continued. Consideration of participation in Countywide Narcotics Task Force. AGENDA REVIEW Mayor Haffey questioned whether the Chief would be video taping and/or provide an opportunity for the Council to attend. Police Chief Datzman stated that the training would be limited to line level personnel and getting POST funding for it if it was at all possible. He stated that he would like to video tape an entire session and then look at it at Council's convenience to see if it was applicable to other City departments. Police Chief Datzman stated that the Sheriff had already gone to the Board of Supervisors, several cities were taking the Countywide Narcotics Task Force under submission, and that there were problems within the joint powers agreement that the District Attorney and the various City Attorneys were working out. He con- tinued, when the agreement was worked out he would like to have this City par- ticipate. He stated that he would like the Council to take a look at the four alternatives listed: 1) Do not par- ticipate; 2) Participate by supplying a person to the County Narcotics Task Force without any budget increase; 3) Increse the annual police budget by $50;651 and pay a contributing share to the County Task Force without contributing a person to the Task Force; 4) Increase the annual police budget by $50,651, supply an investigator to the unit, create an action Police Office II position and hire an additional police officer to be phased out through attrition when the assignment is terminated. He stated that some cities were looking at February 1 or March 1, but he did not believe either was practical for additional monies in this budget by assigning an existing person. He stated that the joint powers agreement talked about at least 14 cities being necessary to proceed and those cities that did not participate would not receive the service. Vice Mayor Teglia stated.t~at she saw nothing about the possibility for cities to renegotiate the $50,000. 1/16/85 Page 10 AGENDA ACTION TAKEN AGENDA REVIEW Consideration of pariticipation in Countywide Narcotics Task Force - Continued. Consideration of proposed Bingo Ordinance. Conslderation of proposed Cardroom AGENDA REVIEW Police Chief Datzman stated that the budget for the Task Force $1.3 million of which the County ws picking up 60% and that cities would pick up 40%, spread around according to the area. He stated that he was looking towards being an active member of the Task Force instead of paying cash which would allow the City the knowledge of what the Task Force was doing and where. Police Chief Datzman stated that the draft Bingo Ordinance had been reviewed for over a year in terms of looking at several areas that Staff felt would be beneficial in terms of presentation of the Ordinance and would pose no problem for the com- munity concern: 1) the $50.00 annual fee; 2) Being silent in terms of the days of the week that the Ordinance allows those organizations currently playing two nights a week to continue playing two nights. Discussion followed on individuals wishing to increase the number of night~ to offer bingo; that there was a gentle- men's agreement not to exceed two nights a week; pending litigation in other cities in trying to restrict the number of days a week bingo games may be held, etc. Police Chief Datzman stated that the last change was that instead of requiring the organizations to turn in books to the City, the books would be kept on the pre- mises but would be available for inspec- tion. He stated that meetings had been held with the affected parties and that they would be receiving the draft ordi- nance before it was scheduled for intro- duction by the Council. Police Chief Datzman stated that there had been meetings with attorneys of the cardroom owners and that all part(e~ understood that this Ordinance will allow them to continue to operate in the fashion they have been operating under with a few slight modifications: application process; 2) their employees 1/16/85 Page 11 AGENDA ACTION TAKEN AGENDA REVIEW 7. Consideration of proposed Cardroom Ordinance - Continued. ITEMS FROM COUNCIL I I AGENDA REVIEW wearing badges. He stated that the first reading of the Ordinance would be in the near future. He stated that the Ordinance was in compliance with State Law to the effect that cardrooms could not expand or relocate, which would require a public vote and which would be in violation of the general plan if there was either expansion or relocation. ITEMS FROM COUNCIL Mayor Haffey stated that he had met with Mr. John Callan, Michael Callan's son, who was taking over his father's opera- tions in the City. He stated that Mr, Callan wanted to talk to him about a number of projects such as Carter Park I, II, III. He stated that he had referred him to the Planning Department and the General Plan stating that it would not be proper for him to speak to Mr. Callan about those projects. He stated that he had met with Mr. Zwissler, Western TV Cable, who stated that the company was considering a number of philanthropic projects and stated that on 2/1/85 there would be a 2.78% rate increase on Western TV Cable total billings. He stated that he had referred him to Mark Lewis' office, as he handles all of the franchises for the City. He questioned what had happened to the Pacific International Business Center in that there had not been a meeting for some time so he could not report to the Council. He stated that he had learned today that there would be a meeting next week, after which he would come back and report to the full Council. Councilman Damonte stated that an indivi- dual had signed up for two or three com- missions and when the Council received the voting ballots the individual only appeared on one commission slate. He questioned who was responsible for making the ballot sheets - was it the City Clerk or the City Manager's Office. 1/16/85 Page 12 AGENDA ACTION TAKEN ITEMS FROM COUNCIL GOOD AND WELFARE CLOSED SESSION RECALL TO ORDER: ITEMS FROM COUNCIL City Clerk Battaya stated that the City Manager's Office had made up the ballot sheets. Councilman Damonte stated that another individual had signed up for one com- mission and the name was put on four dif- ferent commission ballot sheets. Vice Mayor Teglia stated that during the interviews the Mayor had asked each applicant if the individual would be interested in any other commissions and that she had taken meticulous notes and supplied the list to the City Manager's Office. GOOD AND WELFARE Mr. Lawrence Pera, 758 Baden Avenue; stated that he wanted a measure to restore Magnolia School for senior citizens put on the ballot on the next coming election of the City Council. He stated that people were concerned with the parking, however, there was plenty of parking on the site including adjacent parking. He stated that if this was done then a bond measure could be passed to restore the building, add a cafeteria and auditorium that all the citizens could be proud of. City Clerk Battaya stated that the nomi- nation period for the 11-5-85 election began on 7-15-85 and if Mr. Pera would visit her office she would give him the necessary information to circulate an initiative for that election. CLOSED SESSION Council adjourned to a Closed Session at 6:10 p.m., for the purpose of the discussion of noticed items. Mayor Haffey recalled the meeting to order at 6:41 p.m., all Council present, no action taken. M/S Damonte/Addiego - To adjourn the meeting. 1/16/85 Page 13 AGENDA ADJOURNMENT RESPECTFULLY SUBMITTED: Barbara A. Battaya, Ci t)~'C1 erk City of South San Francisco ACTION TAKEN Carried by unanimous voice vote. Time of adjournment was 6:42 p.m. APPROVED: Richard A. Haffey, City of South San F) 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 Off~ce of the City Clerk and are available for inspection, review and copying. 1/16/85 Page 14