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HomeMy WebLinkAboutMinutes 1990-04-18Mayor Richard A. Haffey Counci 1: Jack Drago Gus Nicolopulos John R. Penna Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room April 18, 1990 AGENDA ADJOURNED REGULAR MEETING CALL TO ORDER: (Cassette No. 1) ROLL CALL: Joint Meeting with the Historic ~°°& Preservation Commission to discuss the designation process and work program. ACTION TAKEN ADJOURNED REGULAR MEETING 7:00 p.m, Mayor Haffey presidingJ Council present: Council absent: Drago, Nicolopulos, and Haffey. Penna, and Teglia~ Historic Preservation Commissioners pre- sent: Feudale, Gookin, Harks, Mullin, and Arndt. Historic Preservation Commissioners absent: None. Mayor Haffey stated that the purpose of the joint meeting was to discuss the designation process and work program that the Commission had been working on for the last number of months, and proceeded to commend the Commission for their efforts, Director of Economic & Community Development Costello stated that the Commission had been working since October 1989 on a response to the joint meeting in SeptJ 1989 in an attempt to take a look at the ordinance and designations to make it a cooperative process wi th outreach programs. She stated that Council approval was needed to move ahead and schedule ordi- nance revisions and incorporate the outreach and education efforts into the budget, and work program for the Commission for the next fiscal yearJ She described the changes made by the Commission: to ask for owner consent in the designation process; to allow for a window for reconsideration of a previous designation; clarification of criteria, i.e., fifty years for designation; a 60 day stay on demolition permits; educa- 4/18/90 Page 1 AGENDA ACTION TAKEN 1, Joint Meeting - Continued; tion and outreach efforts through a one to one contact, and neighborhood meetings; that video would cost $2,000 and walking tours $1,200; making historic designation processes attractive to owners; elimina- tion of the fee; information on existing programs that could be of assistance to historic properties, i;e., CDBG programs and some of the historic building codes; look at grants for architectural services and construction; a budget item of $20,000-30,000 a year for properties not eligible for CDBG or rental rehab funds, etc. Historic Preservation Commission Chairman Arndt spoke of the original ordinance being an involuntary one, and people did come forward for their property to be recognized as a resource of the City while others opposed the designation to the Council. He stated that this was now becoming a voluntary ordinance streamlined to the character and way this City seems to operate, and it was important to have something there to create a situation where people come forward and volunteer; He stated that this provided a protection for the homes on the list, and it would take a long period of time to educate those people unwilling to have their homes designated through videos and putting in place attractive and inventive exterior maintenance programs. Commissioner Mullin thanked staff members Maureen Morton and Elaine Costello for their competent assistance on the draft ordinance and staff report, Mayor Haffey complimented the Commission on this major movement from the existing involuntary ordinance to a voluntary situation, and the methods of encourage- ment to property owners. He stated that the Council could probably buy into the $1,200 for the video and the $2,000 for the walking tour immediately, 4/18/90 Page 2 AGENDA ACTION TAKEN 1~ Joint Meeting - Continued, but the other considerations in the amount of $30,000 would have to wait for the budget process with the use of CDBG funds. Councilmember Nicolopulos also compli- mented the Commission report. Vice Mayor Drago concurred with the Commission staff report and recommen- dations, and did not feel that the $2,000 and $1,200 amounts were a hindrance at all to making the program work, Mayor Haffey stated that if the City wanted to make this a voluntary program, the Council needed to be prepared to act on policy decisions in a timely fashion, i.e., use of CDBG funds and rental rehab funds, because Council knew that the funds were limited in nature, Chairman Arndt stated that the incentives were the toughest to put together because the Commission was also sensitive to the budget, and knew that it could take four or five years before the funds were used after designation and therefore would benefit those who volunteer early~ He spoke of the Mills Act: that it pro- vides the situation where the County Assessor will reassess the home pre Prop~ 13; the old home owners are paying less tax than the Mills Act would afford them because of the pre Prop~ 13 - which most of the homes were; a positive factor was that if someone were to sell their home, this might be a better incentive than other funds because they can pass on this lack of having to pay the current Prop 13 taxes; they can actually carry over the pre Prop. 13 taxes with the Mills Act; that the Act was a tax based on the whole County, and S,S~F. was ahead of the other communities in the County and the County would not fee the tax loss until this program was taken up by the other com- munities, etc. Councilmember Nicolopulos questioned if 4/18/90 Page 3 1. Joint Meeting - Continued~ the meeting had been well noticed in that he did not see any concerned citizens in attendance, Director of Economic & Community Development Costello stated that notices had been sent to all interested parties requesting notice~ Mayor Haffey noted that once the ordi- nance revisions were scheduled, there would be public hearings, and invited anyone in the audience to speak. Mr. Jim Lallas, 739 Grand Ave~, stated that he had attended many Commission meetings and was delighted that the City was going to a voluntary method of designation~ He cited his problems with the ordinance: upset with being on anyone's list that he didn't want to be on; his house was a turn of the century house and he had not done anything out of character since his ownership of the pro- perty; he did not like his property being on the designated list; did not like the 60 day moratorium on demolition which he would have to disclose to a potential buyer; wanted to see the designation removed from his property; felt that the majority of the houses on the designated list were not historic - merely old; was more concerned about preservation of neighborhoods; concerned about the Sam Volonti house being torn down and condos built; felt Council should not focus on the preservation of historic designa- tions, but on neighborhoods; agreed that a building change must fit into the character of a neighborhood; suggested a moratorium on demolitions, and a strengthening of design review pending approval of the use of the land after a building was demolished; concerned about buying property on the historic list, etc. Commissioner Gookin stated that the Commission was also concerned about the character of neighborhoods being pro- tected as a whole. 4/18/90 Page 4 1. Joint Meeting - Continued~ Councilmember Penna arrived: 2. Housing Element, Mayor Haffey stated that historic preser- vation was one aspect of preserving neighborhoods, with which the Council had always taken a strong stance. He stated that the Council would be discussing the housing element tonight, after the joint meeting concluded, and it did have some interesting aspects on the preservation of neighborhoods. Discussion followed: that the tools to preserve neighborhoods were design review, historic designation, and a 60 day moratorium gave the Council a chance to wait and look at the situationJ Councilmember Penna arrived at 7:35 pJmJ Mayor Haffey stated that this was a request for the Council to review background regarding the housing element, and to provide direction to the staff. Director of Planning Smith stated that this City was revising its housing ele- ment this year like every other municipa- lity in the bay area, because the State requires that 1/5 of the State bring its housing element up to date every year so that in five years they would all be up to date. She spoke in detail of the items con- tained in the housing element: 1) projected housing needs numbers as determined by ABAG; 2) use of the 20% redevelopment set aside funds; 3) new State requirements involving the homeless (a copy of. the staff report is on per- manent file in the Clerk's Office)~ She described four programs for the City to put money into: financial assistance for physical improvements for existing boarding rooms or single room occupancies which was similar to what had been done with the Sundial the year before; land acquisition for rental projects, as had been done on the Magnolia Plaza site; offering assistance through subsidy or buy-down of units in new for profit deve- 4/18/90 Page 5 AGENDA ACTION TAKEN 2. Housing Element- Continued, lopments inside or outside the project; operating assistance to non-profit housing agencies, such as the Human Investment Project for its shared housing program, etc. She stated that homelessness was a con- cern of the legislature and must be addressed in a revision of the City's Housing Element~ Discussion followed: ABAG's criteria for low and moderate income housing needs; definition of low and moderate income; that ABAG was strictly an advi- sory agency without any authority that compiles statistics; that the City should only do which stays within the parameters of the law, and one more; that Atherton, Portola Valley, Hillsborough and Woodside were not addressing the low and moderate income situation; the Vice Mayor would rather get the homeless jobs than homes; Councilman Penna concerned about the homeless in this community having some sort of housing and shelter provided families; that shelters could be provided under a conditional use permit; land acquisition for rental property; guaran- tees on affordable levels in the law; Councilman Nicolopulos felt that ABAG was important because it had been selected as part of a joint powers agreement with MTC and Bay Area Quality, and this was saying that every City must match jobs with housing and indirectly controlled money coming to the City; ABAG was trying to curb transportation gridlock by minimizing use of the automo- bile, and in a year from now if each City had not fulfilled its obligation, it would be closed off from money, etc. Mayor Haffey was intrigued by staff's estimate of 260 acres of vacant land in the City capable of being developed for housing. He stated that it was the first time he had seen Guy F~ Atkinson p~rop- erty, bordered by Railroad and No. Canal, ever mentioned for residential develop- ment. He questioned if it had come up 4/18/90 Page 6 AGENDA ACTI'O, TAKEN 2J Housing Element - ContinuedJ because of a potential application; Assistant Planner Kalkin stated that the Guy FJ Atkinson property was a likely candidate for rezoning, in that it was surrounded by residential uses. She stated that Planning had received ten- tative inquiries for housing, but not from Guy F. Atkinson. Mayor Haffey suggested that if this was considered he wanted it considered for a low density situation because it was bor- dered by Mayfair Village which was a single family home situation; Orange Park, was open space; and then there was Railroad Avenue, zoned R-2 and R-3, that was a sensitive rundown area. He stated that on page 6 and the four options, he looked forward to No; 2 and 3 for emphasis for moderate income housing, and items No. 1 and 4 as expenditures towards low income housing. He felt that the first priority in this City should be moderate income housingJ Councilman Penna questioned the R-2 zoning designation on the McClellan pro- perty which was within the City's sphere of interest, Mayor Haffey stated that the City might want to reconsider that R-2 designation, because the lower the density of an area that is bordered by an existing R-2 neighborhood should be consistent with another R-1 neighborhood; Councilmember Penna remembered reading a report that stated that the Planning Commission would be reviewing all commer- cial, industrial and residential develop- ments, add-ons -- anything that comes through. He stated that up until now if someone complies with the Zoning and Uniform Building Codes and went through the Design Review Board, basically the person can go in and get their permit to do the work. He stated that this would be adding a new bureaucratic level 4/18/90 Page 7 AGENDA ACTION TAKEN Housing Element - Continued; wherein even if it was a kitchen addition to a home - the person was going to have to go back into the Planning Commission and get it reviewed, and could be dinged on it even if they are complying with all the Codes; He stated that he was curious as to why this was being considered at this time. Director of Planning Smith stated that there was concern at the Planning Commission level on single family addi- tion sizes, and if that policy was adopted by the Commission it would require a change to the Zoning Ordinance, which would require Council action. Mayor Haffey stated that in the redeve- lopment project area the City must replace existing low income units, on a one for one basis and hoped that the City concentrated on the low income housing in the downtown area to bolster and improve the housing stock perhaps through density bo n u se s. Director of Planning Smith stated that one of the things that the Council/Agency must consider in the next two years was the State requirement for the Housing Element to include plans to retai~ low income rental units which may be ~ubject to termination of federal mortgage and/or rent subsidies by 12/31/92J She stated that there were three such subsidized units: Fairway Apts, 94 units; Skyline View Gardens, 160 units; and Rotary Plaza, Inc. Gardens, 181 units. She stated that the City could use the 20% set aside funds for subsidy of one of those sets of units if current subsidies were removed. Mayor Haffey stated that as a last resort the Council could consider intervention, but only after the City could not get Federal assistance or some other kind of subsidy to maintain those units. Discussion followed: that Magnolia 4/18/90 Page 8 Housing Element - Continued~ 3J Noise Element. ~ogq Senior Center did not have the problem of having the subsidy terminated; financial assistance provided to a developer to construct subsidized housing had a speci- fic term, and the city had not used land use powers when the three sets of units were approved; problems a few years ago with units on Alida owned by Mr. Hogan, etc. Director of Planning Smith stated that the Noise Element had been adopted in 1975 and now required updating due to changes in noise exposure, and that some of the policies were out of date~ AssocJ City Planner Cordes stated that aircraft operations are the major sources of noise within the City, and the document defined policies involving working with the Airport and local bodies to resolve issues while maintaining a strong position on ensuring continued funding for noise insulation programs, etc. He stated that staff wanted guidance on whether a home owner doing a simple addi- tion should be required to incorporate noise mitigation measures into the pro- ject, and if so would require an ordi- nance change~ He stated that miscellaneous noise sour- ces would be dealt with in a separate ordinance in the summer with the police as the enforcement body, and would anticipate an outlay of cash for specific equi pmen t. Discussion followed: projections for airport noise show that as there were conversions to Stage 3 aircraft, the 65 contours actually shrink in the years ahead; that the areas eligible for funding are not defined by the maps con- tained in the City's noise element, but defined by a study through the FAA; that the ALUC Plan was being revised; the Vice Mayor questioned the value of requiring room additions to have noise insulation 4/18/90 Page 9 AGE"DA ACTZ ON TAKEN 3. Noise Element- Continued; (Cassette No, 2) protection; that it was unreasonable to require a whole house be insulated with a room addition; if the Council was uncom- fortable with noise insulation for a room addition, it could have staff suggest to the home owner that he look at insula- tion; that Title 21 did not put a requirement on an individual home owner; he also felt the Council was opposed to a Bill by Senator Kopp, and it was dif- ficult for him to oppose Kopp when the Council was not even following the stan- dards that the City was asking Council to follow; questioned if the noise element could be built in now on all new construction - interior noise level would not exceed 45 CNELS; that the City could not enforce restrictions unless they were put in an ordinance. Consensus of Council - To build the noise element in now, and on all new construc- tion the interior noise levels would not exceed 45 CNELS; Mayor Haffey stated that he was looking forward to the ordinance addressing noises from loud parties and the like which will give the police the enfor- cement tool needed to address residents concerns. Discussion followed: the Vice Mayor felt that insulation should not be required for a room addition when the rest of the house was not insulated; the Mayor felt that the requirement was not essential for a minor addition, and was a burden to the homeowner; he felt it should be a requirement with a brand new home; the City Attorney wanted clarification on someone taking a one story house and making a second story by adding two bedrooms and a bath; the Mayor related that he had done exactly that and, 1) the primary question was how much impact does it have saving that amount of noise, and 2) it is not that much of an addition with the number of windows; Councilmember Penna also did not feel it should be required on an addition, etc. 4/18/90 Page 10 AGENDA ACTION TAKEN CLOSED SESSION 4~ 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 8:45 p.m. to discuss the items noticed Mayor Haffey recalled the meeting to order at 9:06 p.m.,all Council present, no action was taken. M/S Penna/Drago - To adjourn the meetingJ Carried by unanimous voice voteJ Time of adjournment was 9:06 p.mJ RESPECTFULLY SUBMITTED, arbara A. Battaya, City C~rk City of South San Francisco RiChardS. ~af City of South San .ncisco 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. 4/18/90 Page 11