HomeMy WebLinkAboutMinutes 1990-01-10Mayor Richard A. Haffey
Counci 1:
Jack Drag.
Gus Nicolopulos
John R. Penna
Roberta Cerri Teglia
MINUTES
City Council
Municipal Services Building
Community Room
January 10, 1990
NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the
State of California, that the City Council of the City of South San Francisco will hold a
Special Meeting on Wednesday, the lOth day of January 1990, at 6:00 p.m., in the Municipal
Services Building Community Room, 33 Arroyo Drive, South San Francisco, California.
Purpose of the meeting:
1. Interview of applicants for the Conference Center Board.
Barbara A. Battaya, City C~/erk
City of South San Francisco
Dated: January 4, 1990
AGENDA
ACTION TAKEN
~CALL TO ORDER: (Cassette No. 1)
6:06 p.m. Mayor Haffey presiding.
ROLL CALL:
Council present:
Council absent:
Drag., Nicolopulos,
Penna, Teglia, and
Halley.
None.
Interview of applicants for the
Conference Center Board.
s~oq
Council interviewed the following appli-
cants for the Conference Center Board:
David Connor, John D. Mensik, Joseph F.
Ercoli, Jim A. Raine, and Louis
Dell'Angela.
M/S Drago/Telgia - To adjourn the
meeting.
Carried by unanimous voice vote.
ADJOURNMENT:
Time of adjournment was 7:30 p.m.
, APPROV . . ! /
Barbara A. Battay RicHard A. ~affey, ~jj~,'~
~City of South San Francisco City of South San F~[~]cisco
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. 1/10/90
Page I
Mayor Richard A. Haffey
Counci 1:
Jack Dra§o
Gus Nicolopulos
John R. Penna
Roberta Cerri Teglia
MINUTES
City Council
Municipal Services Building
Community Room
January 10, 1990
AGENDA
CALL TO ORDER: (Cassette No. 1)
ROLL CALL:
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
i0 -000
ACTION TAKEN
7:37 p.m. Mayor Halley presiding.
Council present:
Council absent:
Drago, Nicolopulos,
Penna, Teglia, and
Haffey.
None.
The pledge was recited.
Reverend Robin Dummer, Grace Covenant
Church, gave the invocation.
PRESENTATION
Mayor Halley welcomed Mr. Uriarte, and
commented that Council would not respond
to the presentation in that these matters
were normally discussed in Closed
Session, and direction given to staff
on labor relations.
Mr. Uriarte, AFSCME, spoke of the denial
of the rights of some employees by the
City. He proceeded to relate the
following: 7/28/89, AFSCME Local i569
presented the City with a petition to
represent part-time employees working
less than 20 hours a week or hourly tem-
porary employees; 10/11/89, the City
responded to that petition and denied the
rights of those employees to organize;
11/14/89, the Union responded to the
City's response; 12/7/89, the Coordinator
of Labor Relations responded, "It has
been the City's position that temporary
or hourly employees are not eligible for
inclusion in AFSCME Unit A or in any
other bargaining unit. That the City
does not believe that it is required by
employer/employee relations ordinance to
grant recognition to temporary or hourly
employees nor do we believe that such
recognition is mandated under State Law
or applicable court cases."
1/10/90
Page i
AGENDA ACTION TAKEN
.... PRESENTATIONS
~" AGENDA REVIEW
ORAL COMMUNICATIONS
(Cassette No. 2)
COMMUNITY FORUM
PRESENTATIONS
He proceeded to cite the Government Code
on public employees, "shall have the
right to form, join and participate in
the activities of employee organizations
of their own choosing for the purpose of
representation on all matters of
employer/employee relations." He stated
that the City's employer/employee rela-
tions ordinance as referred to in Section
3.04 had a paragraph that somewhat dupli-
cated Government Code. He also cited the
Personnel Rules & Regulations definition
of public employees, and felt they were
covered under the Myers, Milias, Brown
Act.
He submitted, that the Council direct the
Coordinator of Labor Relations of the
City to process the petition and grant
these employees the right to be repre-
sented which they deserve and are
entitled to.
AGENDA REVIEW
City Manager Armas stated that he had
nothing to add or delete from the Agenda.
Mayor Haffey stated that Item No. 11
would be heard after the Consent Calendar.
ORAL COMMUNICATIONS
Mr. Bob Reppeto, Commission on Aging,
stated that the Commission was appointed
by the San Mateo County Board of
Supervisors, and provided services and
programs to seniors. He proceeded to
briefly describe the organization.
COMMUNITY FORUM
Councilman Penna stated that Orange
Avenue Library would be celebrating
National Book Week from 1/21/90 -
1/27/90, and on 1/25/90 there would be an
evening with Charles Johnson, author and
nominee for the PEN-Faulkner Award.
1/10/90
Page 2
A G E N D A A C T I 0 N T A K E N ,~_~ .~
COMMUNITY FORUM
CONSENT CALENDAR
Approval of the Minutes of the
Special Meeting of 12/13/89 at 6:00
p.m., Special Meeting of 12/13/89
at 7:15 p.m., and the Regular
Meeting of 12/13/89.
2. Approval of the Regular Bills of
1/10/90.
®
Resolution to approve plans and
specifications, authorize the work,
and call bids for the Adult Day
Care Center at Magnolia Center.
RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE
WORK AND CALLING BIDS FOR THE
INTERIOR WORK, SECOND FLOOR OF
MAGNOLIA CENTER
®
Resolution approving plans and
specifications, authorize the work,
and call bids for the Aircraft
Noise Insulation Project, Phase
v(a).
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE
WORK AND CALLING BIDS FOR AIRCRAFT
NOISE INSULATION PROJECT, PHASE
V(a)
Be
Resolution amending the list of
designated positions subject to
the City's Conflict of Interest
Code.
A RESOLUTION AMENDING THE LIST
OF DESIGNATED POSITIONS FOR THE
CITY OF SOUTH SAN FRANCISCO'S
CONFLICT OF INTEREST CODE
6. Resolution adopting Budget
Amendment No. 89-9 to appropriate
COMMUNITY FORUM
Councilmember Teglia requested a moment
of silence in observation of the death of
former Postmaster Virgil Ringue.
CONSENT CALENDAR
Removed from the Consent Calendar for
discussion by Councilman Nicolopulos.
Removed from the Consent Calendar for
discussion by Vice Mayor Drago.
RESOLUTION NO. 1-90
Removed from the Consent Calendar for
discussion by Councilmember Penna.
RESOLUTION NO. 2-90
Removed from the Consent Calendar for
discussion by Councilmembers Teglia and
Penna.
1/10/90
Page 3
AGENDA ACTION TAKEN
CONSENT CALENDAR
6. Resolution - Continued.
$13,500 for 1989-90 operating
expenses for the Conference Center.
A RESOLUTION APPROVING BUDGET
AMENDMENT 89-9 TO THE 1989-1990
OPERATING BUDGET
Approval of the Minutes of the
Special Meeting of 12/13/89 at 6:00
p.m., Special Meeting of 12/13/89
at 7:15 p.m., and the Regular
Meeting of 12/13/89.
2. Approval of the Regular Bills of
1/10/90. ~01~
CONSENT CALENDAR
M/S Teglia/Nicolopulos - To approve the
Consent Calendar with the exception of
Items 1, 2, 4 and 6.
Carried by unanimous voice vote.
Councilman Nicolopulos requested that the
Minutes of the regular meeting of
12/13/89 on page 23, second paragraph, be
corrected to read corroborate rather than
col 1 abo rate.
M/S Nicolopulos/Drago - To approve the
Minutes of the Special Meeting of
12/13/89, Special Meeting of 12/13/89,
and the Regular Meeting of 12/13/89 with
the reflected change.
Carried by unanimous voice vote.
Councilman Penna questioned which three
homes Mr. Elmore referred to in the minu-
tes. He also questioned page 22, second
to last paragraph, wherein Councilman
Nicolopulos referred to a relative being
Councilman Penna's tenant - whose rela-
tive.
Councilman Nicolopulos stated that it was
his relative, however, he had not made
that clear.
Vice Mayor Drago questioned a bill from
David M. Griffin for $4,500, which
appeared to have the same identification
of a prior bill for SB90 claims. He
stated that he thought the firm was
allowed 10% of the recovery with a max-
imum of $3,750, which had been the amount
of the previous warrant.
City Manager Armas explained the State
1/10/90
Page 4
A G E N D A A C T I O N T A K E N ,~.~
2. Approval - Continued.
®
Resolution approving plans and
specifications, authorize the work,
and call bids for the Aircraft
Noise Insulat.ion Project, Phase
V(a).
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE
Law change on reimbursement, and its for-
mula. He stated that the firm received
reimbursement only if the funds were
received from the State. He stated that
he would prepare a report on what had
been sent to the State, what had been
reimbursed, and the amounts paid to the
firm.
Councilman Penna expressed concern over
paying any of the warrants tonight, when
after the last meeting he had met with
staff and had made phone calls, and
still there was not information before
Council on how the City stands finan-
cially.
Councilman Nicolopulos stated that
Councilmember Penna's comments were well
taken, however, further information from
staff could be handled at another time
with further edification.
M/S Nicolopulos/Teglia - To approve the
Regular Bills of 1/10/90 with the excep-
tion of the David M. Griffin warrant of
$4,500.
Carried by majority voice vote,
Councilman Penna voted no.
City Clerk Battaya requested a clarifica-
tion: if voting on bills of the City was
the same as passing a resolution that
concerned money and required a 4/5 vote.
City Attorney Armento stated that Council
was not approving these bills by way of
adoption of a resolution, it was
approving warrants. She stated that what
the City Clerk was referring to was dif-
ferent kinds of resolutions requiring a
4/5 vote.
Councilman Penna requested a staff report
for public edification on which homes and
neighborhoods would be in the program.
City Engineer Wong stated that Phase V
would insulate 100 homes in Brentwood,
and that another ten homes in the Avalon
area would be done from funds left over
1/10/90
Page 5
AGENDA ACTION TAKEN
e
0
Resolution - Continued.
WORK AND CALLING BIDS FOR AIRCRAFT
NOISE INSULATION PROJECT, PHASE
v(a)
Resolution adopting Budget
Amendment No. 89-9 to appropriate
$13,500 for 1989-90 operating
expenses for the Conference Center.
A RESOLUTION APPROVING BUDGET
AMENDMENT 89-9 TO THE 1989-1990
OPERATING BUDGET
from Phase IV.
Discussion followed: on how the 100
homes were selected; CNEL levels and
noise footprints; homes were prioritized
by noise levels; that the City had insu-
lated over 200 homes; that the City was
now competing for Federal monies with
other cities; that there was no indica--
tion as to when Federal monies would be
released to cities for the program.
M/S Teglia/Nicolopulos - To adopt the
Resolution.
RESOLUTION NO. 3-90
Carried by unanimous voice vote.
Councilmember Teglia stated that she
wanted it understood that monies had to
be advanced to keep the process going,
but the funds were a loan and would be
repaid to the City.
City Manager Armas stated that the expen-
ditures would be paid via the use of
dollars arising from the approval of the
ballot measure.
Councilmember Penna stated that only one
lease had been mentioned in the election
campaign which did not have to paid for a
year, yet there was mention of a PG&E
sublease.
City Manager Armas stated that the vacant
land in front of the building was owned
by PG&E, and the proposal included a
sublease for parking purposes. He stated
that the established lease has one year
before payments are to be made to the
landlord.
M/S Teglia/Nicolopulos - To adopt the
Resolution.
RESOLUTION NO. 4-90
Carried by unanimous voice vote.
1/10/90
Page 6
AGENDA ACTION TAKEN
ITEMS FROM COUNCIL
11. Council appointments to the
Conference Center Board. ~HOq
RECESS:
RECALL TO ORDER:
Mayor Haffey stated that Item No. 11
would be heard next.
ITEMS FROM COUNCIL
Vice Mayor Drago recommended that the
Council only deal with selecting the two
Councilmembers, the two representatives
of hotels/motels, and the representative
to the restaurant for the Conference
Center Board.
Mayor Haffey stated that he would make
the Council appointments later this week.
Council proceeded to mark their ballots,
and the results were: 5 votes each for
David Connor and Jim A. Raine as the
representatives for hotels/motels, and 5
votes for Joseph F. Ercoli as the repre-
sentative for restaurants.
Mayor Halley stated that as soon as a
quorum was selected, a meeting would be
hel d.
Discussion followed: whether to again
advertise; set a time limit to allow
people to solicit applications; to adver-
tise for applications for the resident
position with specified language staff is
to develop; that the application cut-off
would be 2/7/90, and appoint the
remaining positions at the first meeting
in February.
M/S Nicolopulos/Teglia - To appoint David
Connor and Jim A. Raine as represen-
tatives for hotels/motels, and Joseph F.
Ercoli as the representative for
restaurants on the Conference Center
Board.
Carried by unanimous voice vote.
The Council adjourned to a recess at 8:40
p.m.
Mayor Haffey recalled the meeting to
order at 8:54 p.m., all Council present.
1/10/90
Page 7
AGENDA ACTION TAKEN
ADMINISTRATIVE BUSINESS
7.
Resolution declaring the intention
to issue bonds for the purpose of
providing financing for certain
public improvements involving the
Shearwater Project. (Cassette No. 3)
A RESOLUTION DECLARING INTENTION
TO ISSUE BONDS.FOR THE PURPOSE OF
PROVIDING FINANCING FOR CERTAIN
PUBLIC FACILITIES FOR COMMUNITY
FACILITIES DISTRICT NO. 1
(SHEARWATER)
ADMINISTRATION BUSINESS
City Manager Armas stated that the matter
before the Council was simply to indicate
that the Council may entertain the possi-
bility of authorizing the issuance of
such bonds. He stated that when the
Council and the Agency previously acted
on the Shearwater Project a number of
years ago, it enumerated a number of
public improvements that were required.
He stated that under State Law there is
available to various parties an oppor-
tunity to finance those improvements over
a period of time as opposed to paying for
them in one lump sum - which was per-
missive and not obligatory, etc.
He explained in detail the State and
Federal Laws under tax code regulations,
and stipulations on items eligible to be
financed in a tax exempt structure, and
those that were not.
He stated that because of its complexity,
staff would also envision retaining the
services of a financial adviser to eva-
luate and assist the City in the bond
issuance. He stated that the cost rests
with the Developer, and would be
reflected in the cost of the issuance of
the bonds.
Councilman Nicolopulos questioned who had
initiated this recommendation of an eco-
nomic optional proposal; why it was ini-
tiated; who benefits - the City or the
Developer; and what those benefits were.
City Manager Armas stated that Council
and the Agency, some six years ago, had
included and approved a provision in the
Owner Participation Agreement with the
Developer that said at a future date the
Council may entertain the issuance of
bonds for the various improvements. He
stated that the Project had been dormant
and was now reactivated, and the
Developer had approached the City about
the possibility of undertaking some
improvements.
1/10/90
Page 8
AGENDA ACTION TAKEN
ADMINISTRATIVE BUSINESS
7. Resolution - Continued.
ADMINISTRATION BUSINESS
Councilman Nicolopulos stated that the
City would be recruiting for a new
Director of Finance in the near future,
and questioned why that potential
position couldn't have these qualifi-
cations so the City would not have to
hire an expert on this bond issuance and
better utilize staff.
City Manager Armas stated that he didn't
think that City staff today or in the
future would have the full level of
either the knowledge or time to devote to
an undertaking of this magnitude.
Councilman Penna questioned why a
$2,000,000 figure was in the resolution
when the Council was only setting a
mechanism in place.
City Manager Armas stated that this was
governed by both State regulations and
the Federal Tax Code, and it was impor-
tant to be able to identify at this stage
some anticipated value for those bonds,
which could change after a consultant
analysis.
Councilman Penna questioned if there was
any requirement on the part of the City
for potential bond purchases - that we
try to protect our rating and see that
there is a security on those bonds due to
the fact that one involved party in the
Project did go through a foreclosure.
City Manager Armas stated that the land
was under ownership by a separate and
completely different company than the one
Councilman Penna was speaking of, and
that part of the task of the financial
advisor was to examine the financial
worth of whoever was involved, and the
capability of the land involved.
Discussion followed: resolution appears
to be a bond issuance; that it only
included a possibility of a bond issuan-
ce; that the staff report and the resolu-
1/10/90
Page 9
AGENDA ACTION TAKEN
...... ADMINISTRATIVE BUSINESS
7. Resolution - Continued.
0
Report on traffic on 600 and 700
blocks of Spruce Avenue, and ~0~0
rescind closure of School Street.
ADMINISTRATIVE BUSINESS
tion appear to say different things; that
if the City is not satisfied, there is no
bond issuance; that all of the material
will have to come back to the Council;
that it was not tax increment monies; why
there wasn't a financial advisor hired
six years ago, etc.
M/S Teglia/Penna - To adopt the
Resolution.
RESOLUTION NO. 5-90
Carried by unanimous voice vote.
City Engineer Wong recited background
information: resident concerns in 3/89
over accidents from speeding; staff
investigated and identified problems from
speeding and alignment of the street;
staff used records from 1979 complaints;
staff looked at closure of School St.;
concerns of residents about diverting
traffic to other streets; 9/21/88 meeting
with 50 residents to discuss options -
without a consensus being reached;
11/30/89 meeting staff offered an option
to narrow Spruce by using planter boxes
which the Spruce residents were not com-
fortable with; staff found defects that
needed improvement such as pavement
markers down the center line, and rumble
strips which were installed, and random
police enforcement; and suggested
installing planter boxes for $15,000.00.
Mr. Ed Ray, 415 Beech Ave., saw no reason
to spend $15,000 in planter boxes that
would not improve the street or relieve
the congestion. He stated that he did
not believe that School St. should be
closed, and felt that added police
enforcement would help.
Mr. John Prouty, 705 Hill, agreed with
the recommendation to not close off
School St., and felt the $15,000 would be
better spent for improvements such as
bumps.
Councilmember Teglia stated that the
1/10/90
Page 10
AGENDA ACTION TAKEN
ADMINISTRATIVE BUSINESS
8. Report - Continued.
ADMINISTRATIVE BUSINESS
Council in 1979 had tried to alleviate
the situation, and had not found a
solution.
M/S Teglia/Nicolopulos - To rescind the
closure of School Street.
Councilman Penna suggested a concrete
divider barrier being installed coming
down the hill or putting in bumps.
City Engineer Wong stated that the street
was not wide, and if the street was split
residents would have trouble getting into
their driveways. He stated that the
possibility with bumps was that a speeder
would lose control of his car.
Vice Mayor Drago suggested putting in
more and higher reflector bumps on
Spruce. He stated that no one had proven
to him that bumps were bad, and he had
not seen any court cases.
City Engineer Wong stated that bumps were
slick in the wet season, and a car could
slide.
Councilmember Teglia spoke of a recent
incident with a fire truck and a dip, and
the damage to private property, vehicles,
homes, and retaining walls.
City Clerk Battaya stated that in 1979
City Engineer Yee had put in the rumble
strips which over the years had been
allowed to wear down without repairs by
the City. She stated that the conjecture
of most of the Spruce residents at the
meeting was that if the City was not
going to install a stop sign mid-point,
why not put the bumps in. She stated
that there were residents in the audience
that had not gotten up to speak because
it was a foregone conclusion - again,
nothing is going to be done.
Carried by unanimous roll call vote.
1/10/90
Page 11
AGENDA
ADMINISTRATIVE BUSINESS
®
Resolution designating a reserve of
$150,000 of park in-lieu fees
toward a fundraising effort to
construct a swimmin§ pool adjacent
to Westborough Park Building.
A RESOLUTION CONCERNING FUNDING FOR
THE PROPOSED WESTBOROUGH SWIMMING
POOL
ACTION TAKEN
ADMINISTRATIVE BUSINESS
Director Of Parks, Recreation & Community
Services Jewell stated that this item was
a follow-up to the 12/13/89 Council
meetin§ on the use of park in-lieu fees
towards fundraisin§ efforts to construct
a swimming pool adjacent to the
Westborough Park Building.
He stated that some other issues raised
at the meeting, but not incorporated into
the resolution were: 1) suggestion to
look at a $1,000,000 per year show of
progress and good faith effort to raise
money by the Committee such that if that
$1,000,000 per year is not raised, that
the $150,000 reserve would revert back to
the park in-lieu program; 2) whether the
money raised by park in-lieu fees is
available to only that subdivision or
whether it could be attached to a program
outside of a given zone.
He reiterated from the prior meeting:
that the City is divided into four zones,
and the Westborough zone has some sub-
divisions being built and anticipated
having park in-lieu fees coming in during
this next year which would equal the
$150,000 being requested.
He explained that State Law stated that
the spirit of the park in-lieu program
should be that people coming into that
subdivision should benefit from facili-
ties constructed by those in-lieu fees.
He stated as an example, that if a small
neighborhood park were to be developed,
and at the other end of town a subdivi-
sion was coming in, certainly that would
not be an appropriate use of those funds.
He stated that his understanding of the
Law was that if you can establish a rela-
tionship between a project outside that
zone that would serve a community-wide
benefit, including the residents of the
new subdivision, then this would be a
consideration for expenditure of funds.
He stated that on 10/15/80 the Council
1/10/90
Page 12
AGENDA ACTION TAKEN
--- ADMINISTRATIVE BUSINESS
9. Resolution - Continued.
ADMINISTRATIVE BUSINESS
approved the establishment of the
referred to zones, and included in the
staff report was a comment that if in
time the Council wished to modify - it
was a discretion that they had.
He stated that the requested $150,000
would be predicated on the City actually
receiving those fees.
Mr. Peter Milo, Advisory Committee
Member, spoke on behalf of the Committee
efforts in fund raising for the pool
which he felt would be of benefit to a
majority of the population of the City,
as well as be welcomed by the City. He
stated that he would like to think that
the City of S.S.F., and this united com-
munity with all of its residents and
neighborhoods were working together
towards a common goal to create a better
living environment for future generations
to enjoy.
Ms. Carol Chin, Advisory Committee
Member, spoke of the City's Open Space
Element, Resolution No. 58-80, on a faci-
lity development goal to provide for
effective community participation in the
planning and financing of development
projects - which she felt this
Committee's goals paralleled.
Mr. Gary Baptista, Advisory Committee
Member, stated that he felt that the
resolution should be passed as written
without adding any additional restric-
tions that would hinder the Committee's
fundraising efforts.
Ms. Patty Shelly, 2435 Tipperary,
questioned if the three year term cited
in the resolution was correct.
Mayor Halley stated that 1/1/90 through
1/1/93 was a three year period.
Councilman Nicolopulos stated that he was
one of the two dissents on the last
issue, and repeated his comments on
1/10/90
Page 13
AGENDA ACTION TAKEN
ADMINISTRATIVE BUSINESS
9. Resolution - Continued.
ADMINISTRATIVE BUSINESS
Resolution No. 21-86: 1) City does not
have sufficient funds to construct such a
pool; 2) the only way the pool can
become a reality is through the acquisi-
tion of grants generated by the com-
munity; 3) City supports concept of
swimming pool for Westborough community;
4) City to provide resources to operate
the pool when built; 5) City to set aside
land al ready owned by the City and set
aside for park purposes.
He stated that proponents Ann Waters and
her Committee stated that they were aware
of these conditions, and agreed to accept
them. He stated that a 3-2 majority vote
of the Council accepted the Park &
Recreation Commission recommendation to
override staff.
He stated that he had been up front,
straight forward, candid, explicit, and
honest about Resolution No. 21-86. He
stated that his actions then were dic-
tated by his conscience, and his deep
humanitarian convictions, and tonight his
actions were also dictated by his
conscience and convictions.
He stated that raising the difficult sum
of $2,500,000 - $3,000,000 of 1986 money
was a monumental task today, which he had
tried to relay to everybody as a strong
basis for determining his action, coupled
along with today's realities of
sustaining the proposed pool. He stated
that the majority of Council had higher
expectations of implementing the pool
than he did presently. He stated, that
we differ on a very important point
tonight: they feel the task is monumen-
tal, but it is not insurmountable; and
he felt it was a monumental task, but he
felt it was insurmountable.
He stated that corporate and benevolent
interests today face tax law changes in
the economy, which does not favor the
benevolent giving today unless a fairy
godparent surfaces. He stated that 8 to
1/10/90
Page 14
AGENDA
ADMINISTRATIVE BUSINESS
9. Resolution - Continued.
ACTION TAKEN
ADMINISTRATIVE BUSINESS
10 years ago this wishful monumental task
may have been less insurmountable. He
felt that the present rising expectations
exceed capabilities. He stated that he
wished he could share the same optimism
of the majority of Council, but as things
stood tonight he was unable to.
M/S Penna/Teglia - To adopt the resolu-
tion with an added Whereas, "The
Committee will return at one of our
meetings in December of each year with an
amount of $1,000,000 raised towards the
swimming pool fund.
RESOLUTION NO. 6-90
Vice Mayor Drago expressed concern with
the time frame, because it was possible
that the money might not become available
for six months or even a year, and yet
the resolution was saying, as of January
lOth which he felt was restrictive. He
suggested three years from the date that
the City obtained the money from the
Developer. He was also concerned about
the interpretation of the resolution: 1)
only park in-lieu fees generated from
development in Westborough area shall be
so designated. He questioned if the spe-
cific development should be named in the
resolution, because this is the first one
that the Council knows about tonight.
Mayor Halley reiterated Vice Mayor
Drago's requests: 1) clock begins
running after the $150,000 is received
from the Developer; 2) that the specific
development be named in the resolution.
Councilmember Teglia agreed with naming
the specified development, however, with
respect to the $150,000 being committed -
that wouldn't be expended until such a
time as there were funds to actually
construct, so that could be done right
now. She stated that she would change
the date from 1/1 to 2/1 to give them the
full benefit of time and include that in
the Motion.
1/10/90
Page 15
A G E N D A A C T I 0 N T A K E N ~-~'::;~
ADMINISTRATIVE BUSINESS
9. Resolution - Continued.
ADMINISTRATIVE BUSINESS
Vice Mayor Dra§o stated that the way he
read the Quimby Act -- was that interest
only can be used from in-lieu fees for
any project of parks in the City, but for
Mr. Jewell to say that this money can be
used in its entirety - how could he guar-
anty that future residents of that area
will use whatever you put in any other
area of the City based on its location.
City Attorney Armento stated that the
Quimby Act provides that the money can be
used only for the purpose of development
or rehabilitating park and recreation
facilities to serve the subdivision, and
will benefit the inhabitants of that sub-
division.
She stated that if the Council can make a
determination or a finding that the
expenditure of such funds will con-
ceivably benefit the inhabitants of a
subdivision, then they can use those funds
outside of the particular area in which
it was generated. She continued, such
was considered to be the case when there
was some preliminary discussion of using
those funds in conjunction with the
expansion of Orange Memorial Park because
it is a community-wide facility, and
generally interpreted that that park is
used by residents throughout the City.
She stated that Vice Mayor Drago was
correct on the provision dealing with
interest, but that is separate from the
provisions that talk about using the
funds to benefit the inhabitants of the
subdivision.
Vice Mayor Drago stated that it was
possible that Westborough does not con-
sider Orange Park to be their park.
He stated that he wanted the money set
aside for three years without $1,000,000
proof being submitted each year.
Councilman Penna stated that without
proof of the $1,000,000 yearly, it was
1/10/90
Page 16
AGENDA
ACTION TAKEN
ADMINISTRATIVE BUSINESS
9. Resolution - Continued.
PUBLIC HEARINGS
10.
Public Hearing - ZA-89-56, Negative
Declaration No. 668 - Zoning ~o~c~
Amendment and environmental deter-
mination of same to add provisions
to the C-1 Zone District to require
use permits for expansion of tenant
spaces to 15,000 square feet or
larger.
Conduct Public Hearing; Motion to
approve Negative Declaration No.
668; Motion to waive reading and
introduce an ordinance.
AN ORDINANCE AMENDING SECTION
20.22.030 OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE TO
REGULATE TENANT SPACES 15,000
SQUARE FEET OR LARGER IN RETAIL
COMMERCIAL C-1 DISTRICTS
ADMINISTRATIVE BUSINESS
possible that something may not be done
for three years and the pool not built,
and the reason for the Motion was to
expedite the solicitation of funds by the
Committee.
Carried by majority roll call vote,
Councilman Nicolopulos voted no.
City Attorney Armento stated that a con-
dition would be added, rather than a
whereas, to the resolution. She
questioned if the date of 2/1 was
included in the Motion, as well as
including the name of the particular
project.
Mayor Halley stated that the specific
name had not been included.
PUBLIC HEARINGS
Director of Planning Smith stated that
this item went back some three years with
the Planning Commission on trying to
restrict large regional uses and keep
them out of shopping centers, and contin-
ued to read the staff report (a copy is
on file in the Clerk's Office).
Mayor Haffey opened the Public Hearing
and incorporated the staff report into
the proceedings.
He invited those wishing to speak for or
against the Zoning Amendment to step to
the dais - no one did, and he closed the
Public Hearing.
Councilman Nicolopulos questioned what
this change achieved, and what was it a
solution for.
Director of Planning Smith stated that if
a use was being replaced by another
retail use, there is no way it could be
regulated. She stated that this amend-
ment allowed the Planing Commission to
look at it in the form of a use permit
for enlargement.
1/10/90
Page 17
AGENDA
PUBLIC HEARINGS
10. Public Hearing - Continued.
ACTION TAKEN
PUBLIC HEARINGS
Councilman Penna stated that only two
areas were involved, Brentwood and
Sunshine Gardens, and if a use came into
a shopping center in a C-1 Zone and had
to be modified it would need a use per-
mit.
Director of Planning Smith responded,
only if it were going to enlarge a
shopping center as a whole.
Councilman Penna stated that if a
building had 20,000 sq. ft. of retail
space and assuming it had the necessary
parking and is a full utilization, then
there is no impact. He continued, so why
bring in another ordinance when it has no
impact on parking or traffic.
He stated that he viewed this ordinance
as an anti-business ordinance to
discourage businesses coming into the
community.
Councilmember Teglia stated that she did
not feel she was anti-business, and had
bent over backwards for businesses in the
past. She stated that she wanted busi-
nesses in the City that were compatible
and an asset to this community.
Councilman Penna stated that the City
already had quality type businesses that
can locate in this community without a
use permit in a C-1 zone. He expressed
concern over buildings being vacant
because of restricted uses, and felt it
was unfair to the City and the community.
Councilwoman Teglia stated that the rent
structures had doubled and tripled -
which was a separate issue as to why
there were vacant buildings.
Vice Mayor Drago questioned where the
15,000 sq. ft. figure came from and won-
dered if it was not too restrictive.
Director of Planning Smith stated that it
came from the Planning Commission.
1/10/90
Page 18
AGENDA ACTION TAKEN
PUBLIC HEARINGS
10. Public Hearing - Continued.
--' ITEMS FROM COUNCIL
11. Council appointments to the
Conference Center Board.
GOOD AND WELFARE
PUBLIC HEARINGS
Mayor Haffey questioned if this decision
wasn't a reaction to Pak'N'Save in the
Westborough area.
Director of Planing Smith stated that it
was, and that building was 80,000 sq. ft.
Councilman Penna stated that he could not
see any difference in this ordinance from
what was already on the books, and if
there was a major remodeling of a
building the owner would have to come
before the City anyway.
Vice Mayor Drago questioned why minutes
were not attached to the staff report
from the Public Hearing held by the
Planning Commission.
Mayor Halley stated that the item would
be held over until minutes were received
from the Planning Commission.
ITEMS FROM COUNCIL
Council heard this item after the Consent
Calendar.
Councilmember Teglia requested an agenda
item for the next meeting: request from
San Mateo County Supervisor Eshoo for a
$500.00 contribution to the annual
Women's Hall of Fame Dinner that will
benefit the Center for Women.
Councilman Penna stated that he understood
that the consultant had been fired from
the Westborough/Gellert study, and
questioned what the City was doing to
recover the money; and whether there was
a suit for non-performance of contract.
City Manager Armas stated that this item
was not on the agenda, and could not be
discussed for long because of the Brown
Act.
GOOD AND WELFARE
No one chose to speak.
1/10/90
Page 19
AGENDA
ACTION TAKEN
CLOSED SESSION
12.
Closed session for the purpose of
discussion of personnel matters,
labor relations, property nego-
tiations and litigation.
RECALL TO ORDER:
ADJOURNMENT:
CLOSED SESSION
Council adjourned to a Closed Session at
10:05 p.m. to discuss the items noticed.
Mayor Haffey recalled the meeting to
order at 10:38 p.m., all Council present,
and no action was taken.
M/S Nicolopulos/Penna - To adjourn the
meeting to Wednesday, 1/24/90, at 6:00
p.m., at the Municipal Services Building,
Community Room, 33 Arroyo Drive, for the
purpose of a study session to discuss the
Capital Improvement Project.
Carried by unanimous voice vote.
Time of adjournment was 10:39 p.m
RESPECTFULLY SUBMITTED,
ar ara . Battaya, City C~rk
City of South San Francisco
APPROVED.
The entries of this Council meeting show the action taken by the City Council to dispose
of an item. Oral communications, arguments, and comments are recorded on tape. The tape
and documents related to the items are on file in the Office of the City Clerk and are
available for inspection, review and copying.
1/10/90
Page 20