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