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Minutes 1989-06-28
Mayor Roberta Cerri Teglia Counci 1: Mark N. Addiego Jack Drago Richard A. Halley Gus Nicolopulos MINUTES City Council Municipal Services Building Community Room June 28, 1989 0006 AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS Judith Clegg on Noise Ordinance AGENDA REVIEW ORAL COMMUNICATIONS COMMUNITY FORUM ACTION TAKEN 7:38 p.m. Mayor Teglia presiding. Council present: Council absent: Addiego, Dra9o, Haffey, Nicolopulos, and Teglia. None. The Pledge was recited. Rev. Merton Johnson, Our Redeemers Lutheran Church, gave the invocation. PRESENTATIONS Ms. Clegg recited the history of noise elements in her neighborhood during the last five months that had led to the request for a draft noise ordinance. City Manager Annas stated that the pro- posed budget for next year would include development of a noise element that would assess the noise conditions in the com- munity; establish a frame work and a basis to assess the ambient noise levels; and Ms. Clegg would be kept apprised of the progress; and that the process should take six to nine months. Discussion followed: enforcement of violations; equipment needed to monitor noise levels, etc. AGENDA REVIEW City Manager Annas stated that he had nothing to add or delete from the Agenda. ORAL COMMUNICATIONS No one chose to speak. COMMUNITY FORUM No one chose to speak. 6/28/89 Page I AGENDA ACTION TAKEN 0007 CONSENT CALENDAR 1. Approval of the Minutes of the Regular Meeting of 5/24/89, Adjourned Regular Meeting of 5/31/89, Adjourned Regular Meeting of 6/7/89. 2. Approval of the Regular Bills of ~/0 6/28/89. Resolution authorizing the reclassification of a Librarian II to a Librarian III, and Resolution approving Budget Amendment 0-10. A RESOLUTION AMENDING THE SOUTH SAN FRANCISCO EMPLOYEE CLASSIFICATION PLAN FOR THE POSITION OF LIBRARIAN II (CHILDREN'S SERVICES) A RESOLUTION APPROVING AMENDMENT 0-10 TO THE 1988-89 OPERATING BUDGET Resolution approving Budget Amendment 0-11 to reflect an increase in the interfund transfer between the Gas Tax Fund and the General Fund. A RESOLUTION APPROVING AMENDMENT 0-11 TO THE 1988-89 OPERATING BUDGET 5. Motion to adopt ordinance on curb- side recycling. AN ORDINANCE ADDING CHAPTER 8.28 TO TITLE 8 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE ESTABLISHING A PROGRAM FOR THE COLLECTION OF RECYCLABLES Motion to set 7/12/89 as a date to consider the Planning Commission recommendation to approve Tentative Subdivision Map SA-89-105 for Avalon Heights located at Constitution Way and Taylor Drive. CONSENT CALENDAR Approved. Approved in the amount of $1,077,984.90. Removed from the Consent Calendar for discussion by Councilman Nicolopulos. Removed from the Consent Calendar for Discussion by Councilman Nicolopulos. Removed from the Consent Calendar f'or discussion by Mayor Teglia. So ordered. 6/28/89 Page 2 AGE.DA ACT O, TAKE, 0008 CONSENT CALENDAR 7. Motion to appoint a Uniform Building Code Board of Appeals with five members. Resolution authorizing execution of Joint Facility Use Agreement between the City and the S.S.F. Unified School District. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE S.S.F. UNIFIED SCHOOL DISTRICT FOR JOINT USE OF FACILITIES Motion to waive fees for the S.S.F;o41 Chamber of Commerce Gourmet Deli event to be held at the M.S.B. Social Hall on 9/12/89. 10. Motion to authorize the Sister CitYo~ Committee to use the Magnolia Center on the evening of 7/10 and 7/21/89. 11. Motion to waive fees for the Downtown Merchants Arts and Wine Festival scheduled for 8/19/89 and 8/20/89. 12. Resolution approving plans and specifications, and call for bids for the 1989-90 Street Resurfacing Program. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR THE 1989-90 STREET RESURFACING PROGRAM 13. Resolution authorizing an agreement o6~ with San Mateo County Transpor- tation Authority for distribution of Measure A Funds for local transportation purposes. A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR DISTRIBUTION OF SAN MATEO COUNTY MEASURE A FUNDS FOR LOCAL TRANSPORTATION PURPOSES CONSENT CALENDAR So ordered. RESOLUTION NO. 81-89 So orde red. So ordered. So ordered. Removed from the Consent Calendar for discussion by Councilman Nicolopulos. RESOLUTION NO. 82-89 6/28/89 Page 3 AGENDA ACTION TAKEN CONSENT CALENDAR 14. Resolution authorizing execution of an agreement for site investiga- /o{~ tion of City property located between Belle Air Road and North Access Road. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR SITE INVESTIGATION OF CITY PROPERTY LOCATED BETWEEN BELLE AIR ROAD AND NORTH ACCESS ROAD ® Resolution authorizing the reclassification of a Librarian II to a Librarian III, and Resolution approving Budget Amendment 0-10. A RESOLUTION AMENDING THE SOUTH SAN FRANCISCO EMPLOYEE CLASSIFICATION PLAN FOR THE POSITION OF LIBRARIAN II (CHILDREN'S SERVICES) A RESOLUTION APPROVING AMENDMENT 0-10 TO THE 1988-89 OPERATING BUDGET ® Resolution approving Budget >fO~° Amendment 0-11 to reflect an increase in the interfund transfer between the Gas Tax Fund and the General Fund. CONSENT CALENDAR RESOLUTION NO. 83-89 M/S Addiego/Haffey - To approve the Consent Calendar with the exception of Items No. 3, 4, 5 and 12. Carried by unanimous voice vote. Councilman Drago stated that he was not receptive to mid year reclassifications and in Closed Session direction had been given to the City Manager to handle these items in the budget session. Mayor Teglia stated that the reclassifi- cations studies would continue, but they would be heard by the Council during budget sessions. M/S Nicolopulos/Haffey - To adopt the Resolution on reclassification. RESOLUTION NO. 84-89 Carried by unanimous voice vote. M/S Nicolopulos/Haffey - To adopt the Resolution approving the budget amendment. RESOLUTION NO. 85-89 Carried by unanimous voice vote. Councilman Nicolopulos questioned the parameters for the money to be appor- tioned, and whether transportation would be included. City Manager Armas stated that the use of 6/28/89 Page 4 AGENDA ACTION TAKEN 0010 4. Resolution - Continued. 12. A RESOLUTION APPROVING AMENDMENT 0-11 TO THE 1988-89 OPERATING BUDGET Motion to adopt ordinance on curb- side recycling. AN ORDINANCE ADDING CHAPTER 8.28 TO TITLE 8 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE ESTABLISHING A PROGRAM FOR THE COLLECTION OF RECYCLABLES approving plans and Resolution specifications, and call for bids for the 1989-90 Street Resurfacing Program. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR THE 1989-90 STREET RESURFACING PROGRAM Gas Tax Funds was limited and fell under the Capital Improvement Budget. Councilman Nicolopulos directed staff to investigate the use of gas tax monies for transportation, and report back to Council. M/S Nicolopulos/Haffey - To adopt the Resolution. RESOLUTION NO. 86-89 Carried by unanimous voice vote. Mr. John Lykak, 1213 Baywood, questioned ii: this was going to be mandatory. City Manager Armas stated that later on the Agenda was Item No. 18 that had an agreement that would make it mandatory. Vice Mayor Haffey stated that the land- fills available for use were filling up, and this would minimize the garbage to be dumped. Mr. Lykak stated that he saved his recyclable matter for his grandchildren to turn in for money. He stated that he was retired and on a fixed income which did not escalate as did the garbage rates. M/S Addiego/Haffey - To adopt the Ordinance. ORDINANCE NO. 1055-89 Carried by unanimous voice vote. Councilman Nicolopulos expressed concern that 3rd Lane was not included, between Linden and Cypress, when it was greatly in need of repair. Mayor Teglia requested a report on prioritizing of streets, and suggested looking at Baden Ave. as well. Vice Mayor Haffey stated that if Council 6/28/89 Page 5 A G E N D A A C T I O N T A K E N (~l 12. Resolution - Continued. ADMINISTRATIVE BUSINESS 15. Report from the Planning Commission in relation to the request from the Country Club Park Committee to ~14 oppose the care facility at 201 ~ Alta Vista Drive; Resolution in support of the opposition of the facility - Continued from the 6/14/89 meeting. A RESOLUTION OPPOSING THE PROPOSED FIFTEEN (15) BEDROOM CARE FACILITY AT 201 ALTA VISTA DRIVE (SAN MATEO COUNTY USE PERMIT UP-89-5) had special interests in particular streets, then a study session should be held. M/S Haffey/Nicolopulos - To adopt the Resolution. RESOLUTION NO. 87-89 Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Councilman Drago stated that he was not concerned with the facility or its need, but with the County consistently injecting their will upon properties that fell under this City's sphere of influence without consulting with the City and addressing its concerns. He stated that Senate Bill 1225/Boatwright dealt with this issue, and showed that this City was not unique in having problems with the County. He stated that the Bill requires the County to notify the City when there was an intention to amend the General Plan or Zoning ordinance to allow development within a City's sphere of influence, at least 45 days prior to the date set for the proposed action. He stated that he could not support it in its present form, because the sewer con- nection permit for the problem would not be valid for the proposed facility - which he did not feel would hold true. He stated that he was concerned about the proposed care facility not conforming with the City's prezoning for the Country Club area. He stated that he would sup- port a generic resolution to the County stating that the City was vehemently opposed to any proposed development to those areas falling under the City' sphere of influence without meeting and conferring with the City. He suggested an option to change the prezoning from rural estates to allow this use. 6/28/89 Page 6 AGENDA ACTION TAKEN 0012 ADMINISTRATIVE BUSINESS 15. Report - Continued. ADMINISTRATIVE BUSINESS M/S Drago/Nicolopulos - To send a resolu- tion or letter to the County stating Council is vehemently opposed to any pro- posed development to those areas falling under the sphere of influence without first meeting and conferring with this City. Vice Mayor Haffey proposed dropping the section of the resolution that dealt with the sewer permit, and he would make that motion after action was taken on the motion on the floor. Mayor Teglia suggested that the language of the letter include that if the nature of the use permit changed the permit would fail, and there would be a new application before the City or County. Councilman Drago agreed, but also wanted the County to consider the City's rural estates prezoning. Councilman Addiego stated that he could support Councilman Drago's language, if there was no prejudice against this application. Mr. Gerald W. Curo, 210 Alta Vista Dr., spoke of the intrusion of this use in Country Club as a business use. He stated that his elderly wife was blind and could not raise her arms, and if he went out he needed a nurse to watch his wife - so he was understanding of the el de rl y. Mr. John Butler, 237 Country Club, stated that he was opposed to the 15 bedroom unit because it did not fit the zoning of Country Club. He stated that this was a business and did not belong in that zone. Mayor Teglia stated that this was not in the City's jurisdiction and fell under County zoning, and this was only being discussed to determine what form of com- 6/28/89 Page 7 A G E N D A A C T I O N T AK E N ~{~.~ ADMINISTRATIVE BUSINESS 15. Report - Continued. ADMINISTRATIVE BUSINESS munication the Council should send to the County to make them aware of the pre- zoning. She stated that whether it was viewed as compatible, and if the use is allowed - to give the City some guaran- tees that it would not turn into something else down the road. Mr. Ronald Brown, 217 Country Club Dr., stated that the residents were asking for Council support to help preserve the area, and to prevent the establishment of any more additional uses which do not conform with the rural estates prezoning. Mr. William Berlanga, 210 Alta Vista Dr., stated that the Council should inquire if this type of use would require additional fire services. Mrs. Sandra Coruccini, 223 Country Club Dr., stated that this was a very success- ful business, and if it was approved other property owners would come forward with other proposals. She stated that if the applicant chose to make two six bed facilities which would not be as offen- sive to the area, and the residents would not be as disturbed by the proposed over shadowing structure. Ms. Elaine Bill, 297 Alta Vista Dr., questioned why the area was not annexed when she had followed up with LAFCO, the City Manager and others in the early 1980s. She had also contacted a Councilmember, and a member of the Board of Supervisors two years ago to achieve the same end. Mayor Teglia stated that she remembered a conversation with Mrs. Bill at Ponderosa, wherein she had said she was not interested in annexation. Councilman Addiego stated that he had a conversation with Mrs. Bill when he was Mayor in reference to the area wanting annexation, and he had requested the 6/28/89 Page 8 AGENDA ACTION TAKEN 0014 ADMINISTRATIVE BUSINESS 15. Report - Continued. ADMINISTRATIVE BUSINESS Planning Director to follow through. He stated that Mrs. Bill. had said that she was misunderstood on wanting the annexa- tion, and he questioned her credibility - which he felt was zero. He suggested that Mrs. Bill take her seat and do the neighborhood best. Mrs. Bill stated that she had talked to LAFCO and Mr. Halley, and had questioned the cost of annexation, what was required, land who would pay for it. She stated that the answer was, that comes later, so she had reiterated the same requests - talk to the neighborhood first, and then have a meeting. Mayor Teglia stated that long ago the Council had abandoned annexation when the Morga Act was operable, had not solved the cost issues, and had dropped it because the Council was told that the neighborhood did not wish to be annexed. Mrs. Bill stated that the City had stopped because the County and the City could not agree on a tax transfer base, or on the cost of the improvements. Vice Mayor Haffey stated that his conver- sation with Mrs. Bill was very much as she described, and he had met with the County Supervisor, and the discussion was that there was a difference of opinion with the County Dept. of Public Services and the City as to exactly what the County would pay for. He stated that the County was interested in using some if its Gas Tax Funds for improving the road system in that area, but was not interested in making any of the improve- ments wither to the sanitary sewer system or to the storm drainage system. He con- tinued, that would have to come from some kind of assessment district that would be set with the residents of Country Club Park. He stated that if the residents wanted to be annexed, they should clearly state so, then the City begins the nego- 6/28/89 Page 9 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 15. Report - Continued. ADMINISTRATIVE BUSINESS tiations, and wraps it up. He stated that he was supportive of the Country Club area, and did believe that this par- ticular application was an erosion of the rural estates zone, and felt the Council should take a position. Mrs. Bill stated that Rotary Plaza had come into the area and the zoning was changed to R-3. She continued, this use is a R-3, not an R-E. She stated that by virtue of the fact that the City or County had to have a public hearing to have one of these homes that had more than six people - meant that there was always an impact. She stated that this was an institutional building, of which there were too many that already impacted the area - such as the burned out Nancy Nutting building. Mayor Teglia directed the City Manager to research what it would take to put a clear question before the people of that area, as to whether or not they wi shed the City to pursue annexation, and then do whatever negotiations that needed to take place. City Manager Armas stated that Council had already given direction on that, and the Planning staff was trying to identify a date, time, and location to meet with the residents on the various public improvements that would be needed to develop estimates. Mr. Lou Dell'Angela stated that he was representing the Country Club Park Committee, and he had passed out infor- mation on residential care facilities to prove that S.S.F. was doing more than its fair share in terms of providing facili- ties for the elderly in terms of care, etc. He stated that he was part of staff's efforts in the early 1980s to effect an R-E zone for Country Club Park, and what 6/28/89 Page 10 AGENDA ACTION TAKEN ........ ADMINISTRATIVE BUSINESS 15. Report - Continued. ADMINISTRATIVE BUSINESS came out of it was a philosophy and a feeling that this area needed to be pro- tected; certain uses should be put in this area, other uses should not be put in the area. He stated that one of the uses that was later translated in the form of the zoning document was that no group care facility shall be located in Country Club Park. He stated that there was no dispute that this particular facility is a group care facility, and his contention to the Council as a professional and the con- tention of the neighborhood,was that if you have an ordinance on the books which is a valid policy document for the City - it should be honored. He stated that as long as that document existed this Council had to support it. He stated that the County was thrusting uses into the area which were not con- sistent with the City's plan, and the Council should use the sewer connection as a leverage to enforce the City's poli- cies in this particular issue. He stated that the issue tonight was not whether or not senior facilities ought to be allowed as they were indeed allowed already, but not in a R-E zone which was in violation of City ordinances. He urged the Council to adopt the resolu- tion and protect the integrity of the City's zoning ordinance and the work done in Country Club for many years, and send a strong message to San Mateo County to say that the Council's plan counts, and the County should pay attention to what this City thinks about their planning. Discussion followed: that the Council had on numerous occasions defended its residents before the County; that the County designation for Country Club was R-l, S-16; that the County's designation of Country Club Park was very vague, and could allow any of these uses in any single family area, etc. 6/28/89 Page 11 AGENDA ACTION TAKEN 0017 ADMINISTRATIVE BUSINESS 15. Report - Continued. (Cassette No. 2) ADMINISTRATIVE BUSINESS Mr. Bob Vasquez stated that there were no two jurisdictions that had the same stan- dards, so Mr. Dell'Angela's contention was mute. He stated that this particular application was submitted to the City in line with the legislation Councilman Drago had mentioned. He stated that his client would be asking the Board of Supervisors to specifically condition this application to a senior residential facility under the defini- tions of the State, and would further require under that condition that his client put a deed restriction to run with the land so that if this changes to any other use the client was in violation of the use permit and automatically voided. He stated that this was no more of a com- mercial operation than a home occupation that is allowed in any home in this City, and in most cities throughout the State. He stated that the business nature of this was a desk, a chair, a phone, and some files to manage the affairs of the 15 frail elderly, and to interrelate with State Agencies. He spoke in detail of the construction of the facility. He felt that as a jurisdictional matter the Council abstain, however, he would prefer that the Council support this care facility. Mr. Harold Bexton, Architect, stated that the whole idea of the care facility was to allow the frail elderly to stay in their community, and presented a site plan of the building. Mr. Nobis refutted comments expressed at the last meeting, as an operator of homes for the elderly, and questioned why the elderly should be denied living in a country atmosphere. Councilman Nicolopulos related an experience before a Judge, wherein the 6/28/89 Page 12 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 15. Report - Continued. ADMINISTRATIVE BUSINESS Judge had told him that his testimony was irrelevant and immaterial - which was the case tonight. He stated that only two issues were to be addressed: the facility does not conform to the City's prezoning for the area; the current sewer connection permit for the property would not be valid for the proposed facility. Councilman Nicolopulos withdrew his Second to the Motion. Councilman Drago thought that his Motion would convey a 5-0 vote to the County, wherein the draft resolution would convey a 3-2 vote. Motion died for lack of a Second. M/S Haffey/Nicolopulos - To adopt a Resolution opposing the proposed 15 bedroom care facility at 201 Alta Vista Drive. Councilman Addiego apologized for his harsh statement to Mrs. Bill in front of her neighbors. He stated that this had been a very sensitive issue for himself, because he could not play politics with this issue. He stated that he had seen these homes in operation, one in a neigh- borhood he had lived in and another he had vi sited today. He stated that they were compatible residential uses, and people deserved that type of a living situation. Motion and Second failed by majority roll call vote: Councilmembers Addiego, Drago and Mayor Teglia voted no; Councilmembers Nicolopulos and Halley voted yes. M/S Haffey/Nicolopulos - To adopt the Resolution striking the fourth whereas, and in the third whereas, strike the word "ca re." RESOLUTION NO. 88-89 6/28/89 Page 13 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 15. Report - Continued. RECESS: RECALL TO ORDER: ° 16. Report on closure of School Street in relation to traffic problems on 600-700 block of Spruce Avenue. (Cassette No. 3) ADMINISTRATIVE BUSINESS Mayor Teglia wanted a restriction set out in a letter, that if the County approves this, that it does not become some other type of facility. Carried by majority roll call vote, Councilman Addiego voted no. Mayor Teglia declared a recess at 9:20 p.m. Mayor Teglia recalled the meeting to order at 9:40 p.m., all Council present. Acting Deputy City Manager/City Engineer Wong stated that engineering had done a traffic analysis and had reviewed all of the impacts of closing School St., and felt that if there was a closure then 50% of the traffic would go down Linden as opposed to Spruce. He stated that the remaining 50% of traffic that would have used that linkage between Hillside and Olive would migrate towards Spruce either by way of Franklin and Hemlock or by way of Armour and Olive. He stated that the right-of-way on School St. was in the ownership of S.F. Water Co. and a private ownership, the Market on Hillside. He suggested an alternative of closing School St. at Olive which would increase Olive's traffic by 100%, and would have to be a permanent closure. Discussion followed: permission was needed to close School St.; the antici- pated impacts elsewhere; that Linden Ave. was better equipped to handle the addi- tional traffic; that the street could not be temporarily closed, etc. Mrs. Barbara Battaya, 665 Spruce Ave., stated that City files of thirty years ago stated that the street was ill- conceived, yet it was approved by the Engineering Department. She stated that 6/28/89 Page 14 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 16. Report - Continued. ADMINISTRATIVE BUSINESS in 1979 bumps had been put on Spruce, yet the Engineering Dept. had not built them back up because of complaints. She stated that she had lived there for 13 years without hearing complaints, because the residents knew that the bumps made the motorists slow down for fear of dama§e to their tires. She expressed concern that the staff report recommended that nothing be done. Mayor Teglia explained that frequently staff reports recommended action that the Council ignore - and went off on a dif- ferent tack. Ms. Ann Allio, 704 Spruce Ave., recited a 30 year history of living on the divided portion of Spruce with the speeding motorists. She suggested: stop signs at the top going the other way; stop signs at the bottom before going up the hill. Councilman Nicolopulos questioned: para- meters that control and determine where stop signs should go when there are not cross streets; what authority said that a stop sign was illegal mid block. Acting Deputy City Manager/City Engineer Wong stated that it was based on: volumes of traffic; types of accidents; engineer recommendations on stop signs; Caltrans warrants; and City direction. Mr. Steve Sowa, 664 Spruce Ave., stated that School St. was not a legal street, and questioned why the City Attorney couldn't investigate the closure. Mr. Richard Cox, 656 Spruce Ave., stated that he had seen the traffic situation grow steadily worse in his 29 years as a resident, and with the development on San Bruno Mountain it would not get better. He stated that he was deeply disturbed with the staff report, which he con- sidered both superficial and erroneous. 6/28/89 Page 15 AGENDA ACTION TAKEN C 021 ADMINISTRATIVE BUSINESS 16. Report - Continued. ADMINISTRATIVE BUSINESS He felt there were solutions to the problem, and the suggestion that the Council drop it and it would go away - was ridiculous. He urged the Council to help the residents solve the problem. Mr. Joe Valcazar, 721 Spruce, stated that with knowledge that there is a develop- ment on South Slope that would further impact traffic, he was concerned that a child could be injured coming or going to one of the two schools on Spruce Avenue. Mr. Mark Isuei, 677 Spruce Ave., stated that there were motorcycles using Spruce and turning corners on Hemlock and Olive which a closure would not change. He stated that he was considering putting in soundproof windows in his home because of noise from traffic driving over the bumps on Spruce between 11:30 p.m. and 1:00 a.m. Mayor Teglia stated that there was con- tention amongst Council about bumps, and damage to private property from vehicles out of control. Councilman Nicolopulos again asked what the criteria was for mid block stop signs. Acting Deputy City Manager/City Engineer Wong stated that there was none, however, the Council could direct that they be installed. Discussion followed: that the mid block stop sign be installed; closure of the street at Olive and School; Motion by Councilman Nicolopulos - To install a stop sign mid block on Spruce. Motion died for lack of a Second. Mayor Teglia directed staff to see who owns School, negotiate to close the street, and get on with it. 6/28/89 Page 16 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 16. Report - Continued. ITEMS FROM COUNCIL 21. Report from Council Subcommittee on enhancement of business opportunities. ADMINISTRATIVE BUSINESS City Manager Armas stated that if it was closed at Olive there would not be owners to contact, and School Street would be open from Hillside to Olive. Vice Mayor Halley directed that S.F. Water and the School District be alerted to the closure plans. M/S Haffey/Drago - To close School St. at O1 i ve. City Attorney Armento asked that it be clarified that it was Spruce and Olive - not School and Olive. Mayor Teglia commented that the clarifi- cation was because the City controlled Spruce. Carried by unanimous voice vote. Mayor Teglia stated that Item 21 would be heard next. ITEMS FROM COUNCIL Mayor Teglia stated that about two months ago City Hall was approached by represen- tatives of the hotel industry with a concept that the Council thought deserved exploration. She stated that she and Councilman Addiego examined the proposal as a Subcommittee, and were going to make a recommendation to the full City Council. She related the following: a few years back, the City had 1,100 hotel rooms in the City; today there were 2,100 hotel rooms; our hotels get the spill over from functions in other cities; the occupancy rate was 69% - which represented $1,500,000 into the General Fund, etc. She stated that the proposal brought to the City was to examine a commercial building on the hotel strip that had become vacant, and with proper rehabili- 6/28/89 Page 17 AGENDA ACTION TAKEN ©023 ITEMS FROM COUNCIL 21. Report - Continued. ITEMS FROM COUNCIL tation and renovation might lend itself to a conference center to house 1,500 people at any one time. She stated that the hotels had been precluded from bidding on large conferences because of the lack of a convention center. She further related the proposal: that the hotels tax themselves by being allowed to institute a $2.50 surcharge on each room rented in S.S.F.; that those funds be diverted into a revenue stream to not only lease but to renovate, to furnish, to maintain, to market, and to operate this conference center; that the City was the levying agency for a tax of that sort; that the Council has to place this issue on the ballot before this community - even though this tax would most likely not apply to any resident in S.S.F.; there would have to be a 66 2/3 approval of the electorate to allow the hotel industry to tax themselves. She stated that the Subcommittee requested that at the 7/12/89 meeting action be taken to place a measure on the November 1989 election to consider this proposal. Councilman Addiego related the following: that the hotel operator immediately adja- cent to the old site of Berkey Photo was approached by an agent for the property; the hotel operator looked at the site, and developed the initial idea of the potential for a conference center at this location; he went to the other major hotel operators in S.S.F. and solidified the support and found enthusiasm, and then approached the City. Mayor Teglia spoke in detail of San MateD County efforts to effect a conference center in the fairgrounds, and stated that this City's efforts for this propo- sal would not be deleterious to the County's efforts. She stated that the City could not put 6/28/89 Page 18 AGENDA ACTION TAKEN ITEMS FROM COUNCIL 21. Report - Continued. 17. Resolution approving the 1989-90 Operating Budget. A RESOLUTION APPROVING THE FY 1989-90 OPERATING BUDGET FOR THE CITY OF SOUTH SAN FRANCISCO AND ADOPTING CORRESPONDING APPROPRIATIONS ITEMS FROM COUNCIL taxpayers funds into this campaign and the hotel people knew that, and were willing to assure that. Mr. Dave Conner, Co-Chairman for Campaign/Radisson, spoke wi th encourage- ment on.the proposal and its value in increasing the occupancy rate for the benefit of the City and the hotels. Mr. Jim Rea, Co-Chairman/Grovsner, spoke of the support his firm gave to various community activities, and spoke of the benefits of the ballot measure for the City and to maintain the hotels position in the market, etc. He described the following in great detail: the revenue and tax income it would produce for the City; the existing facility is on Airport Blvd; the space in the building would accommodate a con- ference center of about 35,000 sq. ft.; that it would not have a negative impact on the community, etc. The following representatives from hotels introduced themselves and offered encouragement: Holiday Inn, Comfort Suites, Travel Lodge, Grovsner. Consensus of Council - To place the item on the next Agenda for action on a ballot measure for the November 7th election. City Manager Armas related the following: that it was essentially conservative; that it maintained service levels; a Council study session had been held; it addressed financial issues that had been put on the back burner; that sales and property taxes represented 66% of the revenues; a 4% growth in sales tax; a 8% growth in property tax; Subcommittee recommendations were included, as well as direction by Council from the study sessions. Mayor Teglia requested the following be 6/28/89 Page 19 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 17. Resolution - Continued. ADMINISTRATIVE BUSINESS included: that the Design Review Board hold night meetings; payment with the Italian American Citizens Club for moving the bocci ball court. Councilman Addiego questioned who would control the content of the newsletter by the Chamber of Commerce. Mayor Teglia stated that City Hall would. Councilman Addiego stated that he was not sure that the Chamber newsletter was a proper thing for the City to be involved in, and perhaps the Chamber might charge for the newsletter and get the needed revenue el sewhere. Mayor Teglia stated that the newsletter would cover both Planning Commission and City Council activities for the benefit of the members of the Chamber, and to try it for a year without charge. Councilman Drago stated that the overall format was excellent, however he was con- cerned over the meeting and travel requests which in three departments was over $20,000. He stated that he wanted periodical reports from the departments on the benefits derived from the con- ferences. He further stated: that he did not agree with the personnel increases; was happy to see a detailed breakdown on the Non-Departmental Budget; was happy to see a limited use of outside consultants. M/S Haffey/Nicolopulos - To adopt the Resolution. RESOLUTION NO. 89-89 Councilman Nicolopulos complimented the City Manager on the prudent and conser- vative budget, however, he would have liked to have had more discussion on the budget by the full Council before it was adopted. 6/28/89 Page 20 AGENDA ACTION TAKEN ~' .... ADMINISTRATIVE BUSINESS 17. Resolution - Continued. 18. Resolution authorizing execution ofx.~' an agreement with S.S.F. Scavenger Company establishing a residential curbside program. A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH SOUTH SAN FRANCISCO SCAVENGER COMPANY ESTABLISHING A RESIDENTIAL CURBSIDE RECYCLING PROGRAM PUBLIC HEARINGS 19. Public Hearing - To consider ~)q distribution of the Special District Augmentation Fund for 1988-89, and the percentages to be distributed from the Special ADMINISTRATIVE BUSINESS Carried by unanimous voice vote. City Manager Armas spoke in detail of the San Mateo County Solid Waste Program, and the near capacity of the dump sites on Ox Mountain and in Colma. He outlined the recycling pickup procedure, and the resultant costs per household. Councilman Addiego stated that this program offered the widest recycling of plastics, pet bottles, metal cans, and used motor oils. He suggested inviting representatives from the Scaven§er Co. to make a presentation at a future meeting on the new service. Councilman Drago questioned if exemptions from the program would be allowed for hardship cases. Mr. Allan Millner, 3R Recycling, stated that a weekly service would be available, but he encouraged that the cans be picked up when they are full, once a month. City Manager Armas stated that hardship cases could be looked at on an annual basis. Councilman Addiego stated that all resi- dents pay for park and recreation facili- ties, as well as police and fire services. M/S Haffey/Addiego - To adopt the Resolution. RESOLUTION 90-89 Carried by unanimous voice vote. PUBLIC HEARINGS Director of Finance Marx stated that the City receives a set amount of money from the County to distribute among the Districts which this action would do. 6/28/89 Page 21 AGENDA ACTION TAKEN PUBLIC HEARINGS 19. Public Hearing - Continued. District Augmentation Fund for 1989 -90. Conduct Public Hearing; Resolution distributing funds. A RESOLUTION DETERMINING SPECIAL DISTRICT AUGMENTATION FUND DISTRIBUTION, IN ACCORDANCE WITH SECTION 98.6 OF THE REVENUE AND TAXATION CODE REDEVELOPMENT MEETING RECONVENED: REDEVELOPMENT AGENDA ITEM: PUBLIC HEARING e Joint Public Hearing - To consider proposed Redevelopment Plan for the Downtown/Central Redevelopment Project - Continued from the 6/14/89 meeting after the hearing was closed. Review written responses to the written objections for adequacy; Resolution making certain findings regarding the EIR; Resolution on low and moderate income housing; A RESOLUTION MAKING CERTAIN FINDINGS REGARDING THE ENVIRON- MENTAL IMPACTS OF THE PROPOSED REDEVELOPMENT PLAN FOR THE DOWNTOWN/CENTRAL REDEVELOPMENT PROJECT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A REPORTING AND MONITORING PROGRAM FOR MITIGATION MEASURES INCLUDED IN THE FINAL ENVIRONMENTAL IMPACT REPORT A RESOLUTION FINDING THAT THE USE PUBLIC HEARINGS Mayor Teglia opened the Public Hearing and invited those wishing to speak for or against the distribution to step to the dais - no one chose to speak, and she closed the Public Hearing. M/S Haffey/Drago - To adopt the Resolution. RESOLUTION NO. 91-89 Carried by majority voice vote, Councilman Addiego voted no. Chairwoman Teglia reconvened the Redevelopment Agency meeting at 11:07 p.m., all Boardmembers were present. REDEVELOPMENT AGENDA ITEM PUBLIC HEARING Assistant Executive Director/Secretary/ Director of Planning Smith stated that oral testimony from the last meeting had been answered, and that six written objections and also been answered. Chairwoman/Mayor Teglia stated that a letter had been received in today's mail from Olympian Oil Co. which should be included in the record of the proceedings (a copy is attached and a permanent part of the record of this meeting. Assistant Executive Director/Secretary/ Director of Planning Smith spoke in detail of the attachments, and the miti- gation monitoring program. Mr. Lou Dell'Angela stated that he repre- sented Olympian Oil Co. cited the following submitted questions that had not been answered by staff: 1) will the Agency impose deed restrictions; will the Agency delete No. Canal Overcrossing Project, because it was not justified and placed a cloud over the fueling depot; wants a determination on the three pro- 6/28/89 Page 22 MECEtVED ~ '8~ JII28 ti!1:32 , )LYMPIAN OIL COMPANY 0I', ;~ = . · .~0 MICHELE COURT · SOUTH SAN FRANCISCO, CALIFORNIA 04080-62o7{;1T¥ CL[r& 1415) 873-8200 · (800)682-6100 · TELEX 171513 ,~. ~iI~N {:'~A~{C,{SC0 George N. Chammas Senior Vice President Finance June 27,1989 South San Francisco City Council P.O. Box 711 South San Francisco, CA. 94083 RE: Proposed Redevelopment Plan for the Downtown/Central Redevelopment Project Dear Mayor Teglia and City Council Members: Olympian Oil Company is of the opinion that the staff responses to comments made in our June !2. 1989 letter to you on the above Redevelopment 'Plan and Project are both inadequate and unacceptable. In our letter we raised specific concerns about the proposed North Canal Street Overcrossing project and about new building and land use restrictions which this new Redevelopment Project would impose on properties we own in the Project area. The responses which we received on the North Canal Street Overcrossing project were inflexible and serf-serving while the responses made to our building restrictions quesUons were both vague and non-committal. When questions were raised by your traffic consultant on another roadway project proposed in the Redevelopment Plan, the point San Bruno Boulevard to East Grand Avenue Connecti.on, staff deleted this project from the latest draft of the Redevelopment Plan. We are now asking that you do the same thing with the North Canal Street project since the feasibility and desirability of this project is now in serious question. It is our position that the Project ErR has already analyzed the feasibility of this project in sufficient detail to tell you that the project is not only not needed but it would create more problems in the surrounding area than it would solve. It is a waste of City money to do another feasibility study which will conclude the same thing as the Redevelopment Project EIR. What your consultants and/or staff fail to realize is that the listing of the North Canal Street Overcrossing Project in the Redevelopment Plan establishes an economic cloud over our long- established fueling use at 35 South Linden Avenue since this project is proposed to p. ass through and destroy our entire business at this location. We cannot allow this project o rOposal, which is not necessary, to severely diminish the value of our property. We ~vill be rced to take action, if necessary, to protect our Company's interests in this regard. 6/28/89 Page 22a Page Two South San Francisco City Council June 27, 1989 C0 9 Regarding the respons~ to our building restriction questions, your staff and/or consultants could only re.spondthat at present there is no intention on the part of the city to substantially alter the zomng ordinance or procedures...". These are hardly the assurances which we asked for in our letter. Further, your staff states that "neither the City nor the Redevelopment Agency has the authority to impose deed restrictions or covenants on a property without some activity or involvement on an owner's part...". What does this response mean? Does the term "some activity or involvement" mean filing for a building permit? This needs to be clarified. In conclusion, I would respectfully request that pursuant to Section 406 of the Redevelopment P. lan, the R.edevelopment Agency determine that the following properties within the Proje~ Area meet me reqmrements ot this Plan, and the owners of such properties shall be permittea to remain as owners of such conforming properties without a participation agreement with the Agency:. 1. 35 South Linden Avenue 2. 100 Baden Avenue 3. SE Corner of East Grand Avenue & Gateway Blvd. Olympian Oil Company would further ask that a Certificate of Conformance to this effect be issuedby the Agency at the earliest possible date. Your consideration of our position on the above would be appre~ted. Sincerely, OLYMPIAN OIL COMPANY C ammas Sr. V~ce President - Finance GNC/j'h 6/28/89 Page 22b AGENDA ACTION TAKEN REDEVELOPMENT AGENDA ITEM PUBLIC HEARING 3. Joint Public Hearing - Continued. OF TAXES ALLOCATED FROM THE DOWNTOWN/CENTRAL REDEVELOPMENT PROJECT FOR THE PURPOSE OF IMPROVING AND INCREASING THE COMMUNITY'S SUPPLY OF LOW AND MODERATE INCOME HOUSING OUTSIDE THE PROJECT AREA WILL BE OF BENEFIT TO THE PROJECT CITY COUNCIL ITEM 20. Joint Public Hearing - To consider proposed Redevelopment Plan for the Downtown/Central Redevelopment Project - Continued from the 6/14/89 meeting after the hearing was closed. Review written responses to the written objections for adequacy; Resolution making certain findings regarding the EIR; Resolution on the use of taxes; Resolution ruling on written and oral objections: Motion to waive reading and intro- duce an ordinance approving the Redevelopment P1 an. A RESOLUTION MAKING CERTAIN FINDINGS REGARDING THE ENVIRON- MENTAL IMPACTS OF THE PROPOSED REDEVELOPMENT PLAN FOR THE DOWNTOWN/CENTRAL REDEVELOPMENT PROJECT ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND ADOPTING A REPORTING AND MONITORING PROGRAM FOR MITIGATION MEASURES INCLUDED IN THE FINAL ENVIRONMENTAL IMPACT REPORT A RESOLUTION FINDING THAT THE USE OF TAXES ALLOCATED FROM THE DOWNTOWN/CENTRAL REDEVELOPMENT PROJECT FOR THE PURPOSE OF IMPROVING AND INCREASING THE REDEVELOPMENT AGENDA ITEM PUBLIC HEARING perties owned by Olympian Oil as con- forming properties. Assistant Executive Director/Secretary/ Director of Planning Smith responded: 1) meaning of some activity or involvement - no answer; 2) No. Canal has been part of the General Plan and is desirable to the City; exact route is not drawn, so how can it wipe out 35 So. Linden. CITY COUNCIL ITEM Mr. Dell'Angela stated that he was not getting specific answers to specific questions, which was frustrating fore his clients. Agency Counsel/City Attorney Armento responded: it means the City cannot uni- laterally act to impose any deed restrictions; and for it to impose some deed restrictions, the property owner would have to be involved in some sort of discussion and negotiation with the City; the letter asked - does this mean a building permit, and if Mr. Dell'Angela was talking about applying to the City for something that is a ministerial action in which the City has no options, then the answer would be no, that there would be deed restrictions attached to something that was a ministerial action; but if they came forward and wanted something that was a discretionary action on the City where there could be some negotiations, and give and take, then it is very possible that the outcome of that there would be a deed restriction involved. Mr. Dell'Angela asked to be kept advised on meeting on the subject so he could respond. Mr. Dee West stated that he had yet to see a map that anyone could read, and 6/28/89 Page 23 AGENDA CITY COUNCIL ITEM 20. Joint Public Hearing - Continued. COMMUNITY'S SUPPLY OF LOW AND MODERATE INCOME HOUSING OUTSIDE THE PROJECT AREA WILL BE OF BENEFIT TO THE PROJECT A RESOLUTION RULING ON WRITTEN AND ORAL OBJECTIONS AND ADOPTING WRITTEN FINDINGS IN RESPONSE TO WRITTEN OBJECTIONS RECEIVED FROM AFFECTED PROPERTY OWNERS AND TAXING ENTITIES AND OVERRULING OBJECTIONS TO THE PROPOSED REDEVELOPMENT PLAN FOR THE DOWNTOWN/CENTRAL REDEVELOPMENT PROJECT AN ORDINANCE APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE DOWNTOWN/CENTRAL REDEVELOPMENT PROJECT REDEVELOPMENT AGENCY ACTION ^cT o, 'r^xE C©21 CITY COUNCIL ITEM questioned why there were 550 acres in the project with only 1,300 dwelling units. Mr. Michael Friedenthal stated concern that the single occupancy hotels and residences would be purchased by private developers, and the residents would be evicted. He questioned if the Agency would establish low income housing to replace the single occupancy hotels. Assistant Executive Director/Secretary/ Director of Planning Smith stated that no power of eminent domain would be used in respect to residential property, and the City will be spending 20% of funds to create housing for low and moderate income housing. Mr. Friedenthal, 739 Airport Blvd., cited the problems of first and last month rents that could make these people home- less. Councilman Addiego stated that Assemblywoman Speier had drafted legisla- tion that dealt with first and last month rents, that might remedy the situation. Councilman Nicolopulos stated that the purpose of redevelopment was to enhance life styles. Clerk/City Clerk Battaya read the title of the ordinance in its entirety. REDEVELOPMENT AGENCY ACTION M/S Haffey/Nicolopulos - To adopt the Resolution making certain findings. RESOLUTION NO. 10-89 Carried by unanimous voice vote. M/S Addiego/Haffey - To adopt the Resolution. 6/28/89 Page 24 AGENDA ACTION TAKEN REDEVELOPMENT AGENCY ACTION 3. Joint Public Hearing - Continued. CITY COUNCIL ACTION 20. Joint Public Hearing - Continued. REDEVELOPMENT AGENCY ADJOURNMENT ADJOURNMENT: ITEMS FROM COUNCIL 21. Report from Council Subcommittee on enhancement of business opportun- ities for hospitality industry. 22. Appointment to the Planning Commission. REDEVELOPMENT AGENCY ACTION RESOLUTION NO. 11-89 Carried by unanimous voice vote. CITY COUNCIL ACTION M/S Haffey/Nicolopulos - To adopt the Resolution making certain findings. RESOLUTION NO. 92-89 Carried by unanimous voice vote. M/S Drago/Haffey - To adopt the Resolution on low and moderate income housing. RESOLUTION NO. 93-89 M/S Addiego/Haffey - To adopt the Resolution ruling on written and oral objections. RESOLUTION NO. 94-89 Carried by unanimous voice vote. M/S Haffey/Nicolopulos - To waive reading and introduce the ordinance. Carried by unanimous voice vote. M/S Haffey/Nicolopulos - To adjourn the Redevelopment meeting. Carried by unanimous voice vote. Time of adjournment was 11:35 p.m. ITEMS FROM COUNCIL Heard after Item No. 16. Council cast a written ballot to select a Planning Commissioner, and unanimously chose Michael N. DeZordo. 6/28/89 Page 25 AGENDA ACT ZON TAKEN GOOD AND WELFARE CLOSED SESSION 23. Closed session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. ADJOURNMENT GOOD AND WELFARE No one chose to speak. CLOSED SESSION The Council chose not to hold a Closed Session. Time of adjournment was 11:38 p.m. RESPECTFULLY SUBMITTED, ~Barbara A. Battaya, City~qerk City of South San Francisco ~o..Der~;a~ berrl leglla, m~a~or City of South San Fran~sco 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. 6/28/89 Page 26