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HomeMy WebLinkAboutMinutes 1991-02-27 Mayor Jack Drago Council: Richard A. Haffey Gus Nicolopulos John R. Penna ?-'-Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room February 27, 1991 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 27th day of February 1991, at 6:45 p.m., in the Municipal Services Building Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Closed Session for the purpose of discussion of personnel matters, labor relations, property negotiations and litigation. ~a~ra A. Battaya, Ci~ City of South San Francisco Dated: February 21, 1991 AGENDA 'CALL TO ORDER: (Cassette No. 1) ROLL CALL: Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotiations and litigation. Councilwoman Teglia Arrived: RECALL TO ORDER: ~DJOURNMENT: ACTION TAKEN 6:50 p.m. Mayor Drago presiding. Council present: Haffey, Nicolopulos, Penna, and Drago. Council absent: Teglia. Council adjourned to a Closed Session at 6:50 p.m. to discuss the items noticed. Councilwoman Teglia arrived at 6:56 p.m. Mayor Drago recalled the meeting to order at 7:23 p.m., all Council present, no action taken. M/S Haffey/Teglia - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:23 p.m 2/27/91 Page i AGENDA ACTION TAKEN RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Cler~/ City of South San Francisco __y of South SaWn Francisco 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. 2/27/91 Page 2 Mayor Jack Drago Council: Richard A. Haffey Gus Nicolopulos John R. Penna :'~Roberta Cerri Teglia AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE INVOCATION: PRESENTATIONS Proclamation - Clint Takeshita Proclamation - Arbor Day AGENDA REVIEW ORAL COMMUNICATIONS COMMUNITY FORUM MINUTES City Council Municipal Services Building Community Room February 27, 1991 ACTION TAKEN 7:30 p.m. Mayor Drago presiding. Council present: Council absent: Haffey, Nicolopulos, Penna, Teglia, and Drago. None. The colors were presented by Cub Scout Pack 281 and the pledge recited. Rev. Joseph Landi, St. Veronica's Church, gave the invocation. PRESENTATIONS Mayor Drago read the commending Proclamation aloud and presented it to Mr. Takeshita. San Mateo County Bd. of Supervisor Mary Griffin also presented a Proclamation to Mr. Takeshita, and stated that it was in recognition of his many achievements. Mayor Drago presented the Proclamation to Beautification Committee members Barbara Reed and A1Seubert. AGENDA REVIEW City Manager Armas stated that there were no modifications to the agenda. ORAL COMMUNICATIONS Mr. David Kulka, 432 Mariposa Dr., stated that he was a representative of the Soccer League and invited everyone to attend the tournament on March 16 and 17th. He stated that teams were coming to the area to compete from as far away as Canada. COMMUNITY FORUM No one chose to speak. 2/27/91 Page 1 AGENDA A C T I 0 N T A K E N 0~!~1~)8 "'-' CONSENT CALENDAR 1. Motion to approve the Minutes of the Regular Meeting of 1/23/91, and Special Meeting of 2/13/91. 2. Motion to confirm expense claims of 2/27/91. e Motion to waive fees for the use of the Municipal Services Building ~ Atrium and Community Room by the SO South San Francisco Boy Scout Troop 292 function on 3/9/91. Resolution authorizing a contract for construction management ser- vices for Conference Center Pre- Construction Phase. A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE CONFERENCE CENTER PRE-CONSTRUCTION PHASE Be Resolution providing supplemental appropriation of $245,400 to the operating budget; and Resolution appropriating $90,000 to the capi- tal improvement budget. A RESOLUTION APPROVING BUDGET AMENDMENT 90-12 TO THE 1990-1991 OPERATING BUDGET A RESOLUTION APPROVING BUDGET AMENDMENT 90-4 TO THE 1990-1991 CAPITAL IMPROVEMENT BUDGET Resolution authorizing a contract for construction management ser- vices for Conference Center Pre- Construction Phase, CONSENT CALENDAR Approved. Approved in the amount of $1,219,368.34. So ordered. Removed from the Consent Calendar for discussion by Councilman Nicolopulos. Removed from the Consent Calendar for discussion by Councilman Nicolopulos. M/S Haffey/Teglia - To approve the Consent Calendar with the exception of Items 4 and 5. Carried by unanimous voice vote. Vice Mayor Nicolopulos stated that he was not against the conference center con- cept, but felt this foundation was weak and wobbly, and was being built only on 2/27/91 Page 2 AGENDA ACTION TAKEN Be Resolution - Continued. A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE CONFERENCE CENTER PRE-CONSTRUCTION PHASE Resolution providing supplemental appropriation of $245,400 to the operating budget; and Resolution appropriating $90,000 to the capi- tal improvement budget. A RESOLUTION APPROVING BUDGET AMENDMENT 90-12 TO THE 1990-1991 OPERATING BUDGET A RESOLUTION APPROVING BUDGET AMENDMENT 90-4 TO THE 1990-1991 CAPITAL IMPROVEMENT BUDGET assumptions. He stated that he wanted to cut bait and build a good foundation. Councilman Penna stated that a $4 million price tag had been approved - yet, this was for $5 million and questioned when the additional amount had been approved. City Manager Armas stated that the figures were consistent with the approved figures from the 1/23/91 meeting. Discussion followed: why the respon- sibility was being split between the .architectural firm and the engineering firm; that it was to bring staff, the engineering firm, and the architectural firm's expertise levels together; fees for the two firms, etc. Mayor Drago requested that any future conference center items will not be put on the Consent Calendar. M/S Haffey/Teglia - To adopt the Resolution. RESOLUTION NO. 14-91 Carried by majority voice vote, Councilmembers Nicolopulos and Penna voted no. Vice Mayor Nicolopulos stated that he did not have a problem with this item, but would like to see equity and uniformity in the City which would ensure less disgruntled employees. Mayor Drago stated that Council had authorized a raise for the City Clerk and City Treasurer which this budget amend- ment would cover, as well as the County booking fees. He stated that there were contingencies for changed circumstances over which no one has control. Vice Mayor Nicolopulos stated that he was concerned over spending which robbed Peter to pay Paul, such as taking funds from the health reserve fund. 2/27/91 Page 3 AGENDA ACTION TAKEN 5. Resolutions - Continued. ADMINISTRATIVE BUSINESS 6. Resolution amendment pertaining to City Clerk compensation. A RESOLUTION SETTING A SALARY FOR THE CITY CLERK Mayor Drago stated that $80,000 was for Finance as a result of the City picking up $400,000, and there were funds for retirement and vacation pay-off. Councilman Halley appreciated this being pulled from the agenda so he could complement staff for keeping the budget current through these adjustments showing a track record of expenditures. M/S Haffey/Teglia - To adopt the Resolutions. RESOLUTION NO. 15-91 RESOLUTION NO. 16-91 Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS City Manager Armas stated that last year the Council had approved a compensation plan for the City Clerk that made reference that that position would receive a certain salary level, and in addition would receive the same level of benefits as the department heads of the City. He continued, the City Clerk had requested the opportunity to convert some of her vacation hours to cash and had pointed out that that had been granted in previous years. He stated that he had approved it in the previous year, and in the current year the Executive Management had not received that benefit so he had put it on the agenda. He stated that the Clerk says she is unable to fully utilize the hours she accumulates yearly because of the commitments of the office. He felt that this should be done consistent to other bargaining units. Discussion followed: Vice Mayor Nicolopulos wanted Council to evaluate a plan with an equitable process to all units during the coming budget year; Councilman Penna felt that the Clerk is an elected rather than executive manage- 2/27/91 Page 4 AGENDA ACTION TAKEN 07!2! ADMINISTRATIVE BUSINESS 6. Resolution - Continued. ADMINISTRATIVE BUSINESS ment which were hired positions,; she had been placed in that unit purely for the compensation package; he felt that in the case of an elected position, an exception should be made because there were occa- sions when she could not take vacation because of the duties of her office; Councilman Haffey was willing to make the exception with the understanding that the Clerk not have the benefits of Executive Management because Executive Management does not have that exception; Mayor Drago felt the Council should deal differently with elected positions as opposed to employees per se, and he supported it; he stated that there had been a compromise from 120 hours and the Manager had said 80 hours, and other units get 40; Councilman Haffey stated that his posi- tion was based on fairness and Council did not have this right even though they could grant it to themselves. M/S Penna/Nicolopulos - To amend the resolution to compensate the Clerk for vacation time. RESOLUTION NO. 17-91 City Clerk Battaya questioned if the Council was adopting a resolution by title only. City Manager Armas stated that if he understood the intent of the Motion, it was to adopt a resolution that allows to convert up to 80 hours per year, and the resolution would be prepared. Councilwoman Teglia stated that she looked forward to extend this benefit to Executive Management. Mayor Drago stated that he would go on record to oppose it. City Clerk Battaya stated that the Executive Management had been evaluated yearly by the City Manager, and could receive increases of up to 15% in addi- tion to a general increase. 2/27/91 Page 5 AGENDA ACTION TAKEN --ADMINISTRATIVE BUSINESS 6. Resolution - Continued. Motion to adopt the ordinance on 7o public officials bond coverage ~% requirements. ~! AN ORDINANCE AMENDING SECTIONS 2.20.010, 2.20.020, AND 2.20.030 RELATING TO BONDS OF PUBLIC OFFICES 0 Request of the Westborough $9 Community Swimming Pool Fundraising and Advisory Committee for Council to extend their commitment to pro- vide $150,000 of park in-lieu fees for the Westborough Swimming Pool ADMINISTRATIVE BUSINESS Councilman Haffey stated that the Clerk was evaluated every four years by the electorate and she did get a pay increase that Executive Management did not get, and cautioned her in being overly ambitious with regards to her comments. Councilwoman Teglia spoke of the Council tying the two elected positions to Executive Management because of there having the highest benefits, and the fact that the elected officials had received two 4% increases. She stated that in the past the two elected positions had been forgotten, but today they came yearly to the Council for increases. Mayor Drago stated that the Council sets the maximum raise for Executive Management and there were steps below that for the group to be put into, and there were not 15% raises. City Clerk Battaya apologized for her misunderstanding of the process. Carried by majority roll call vote, Councilman Haffey voted no. City Manager Armas stated that because there had been a dissenting vote at the last meeting and Councilwoman Teglia had been absent, this item had not been put on the Consent Calendar. M/S Penna/Haffey - to adopt the Ordinance. ORDINANCE NO. 1095-91 Carried by majority roll call vote, Vice Mayor Nicolopulos voted no. Director of Parks, Recreation & Community Services Jewell explained: history behind this item and to date there was not validation of $1,000,000 being raised which consistent with the reso- lution adopted last year would result in 2/27/91 Page 6 AGENDA ACTION TAKEN --ADMINISTRATIVE BUSINESS 8. Request - Continued. Project to 2/1/93. A RESOLUTION CONCERNING FUNDING FOR THE PROPOSED WESTBOROUGH SWIMMING POOL ADMINISTRATIVE BUSINESS no longer designating the $150,000; and there was a request from the Committee for a time extension, etc. Mrs. Ann Waters, Chairperson, stated that the Committee had over $15,000 in the treasury in a CD and money in a savings account. Councilwoman Teglia questioned what would happen to the money raised in the event the Committee can not meet the committed amount. Mrs. Waters stated that her understanding was that they would continue to raise the needed funds because there was no set deadline, other than for the park in-lieu funds. She stated that they anticipated raising the funds during the three year period, however, with the tight money and mid-east crises, plus the reorgan- ization of the Committee they were still trying but now had a workable number of people. Councilwoman Teglia stated that was a different understanding - she thought the Committee was going to attempt to raise $1,000,000 each year and if not, this was going to be abandoned. She stated that the $150,000 for park in-lieu fees was something else. Councilman Haffey stated that he remem- bered discussions on this item and the condition had been a compromise - some kind of performance check, and now the deadline had passed and the Council needed to discuss how it was going to proceed. He stated that he would look to the resolution passed last January wherein four members of Council voted for it with one dissenting vote and Item 4 says, "By 2/1/93 if three million dollars is not raised to construct a swimming pool, the designated funds will revert 2/27/91 Page 7 AGENDA ACTION TAKEN --ADMINISTRATIVE BUSINESS 8. Request - Continued. ADMINISTRATIVE BUSINESS back to the general park in-lieu fee fund." He suggested another resolution to extend the time which would give them the time they need. Discussion followed: that the money was going into the City's coffers, and the extension was an attempt to satisfy the community's needs; the park in-lieu fees were for a specific development that had not yet been developed; use the resolu- tion in the packet and eliminate number 3, etc. Mayor Drago related: that he believed that even with dedicated efforts, the money would not be raised; inflation was running faster than the money in the bank; that he would support an extension for two years but would like a commitment to look at another way to go, i.e., Mello Roos financing which could be used for capital improvements. He stated that this was similar to an assessment district, but the users pay the tax. He stated that the City could establish a district, then figure what the bond amount would be and the indebtedness to each property owner. He continued, try to get a 2/3 vote for the swimming pool, and he believed they could realize a pool in three years. He stated that he and Councilman Haffey would be happy to sit in at a meeting to help them. Mrs. Waters stated that former City Manager Lewis had done some research on Mello Roos funds, however, the Committee had not had the opportunity to sell the people on the idea. Councilwoman Teglia would like a report back to the Council on an outreach to the community and a feasibility study. She cited her concerns on the on-going maintenance for a new pool, and making it pay for itself. She stated that she had given a scenario to the Council this 2/27/91 Page 8 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 8. Request - Continued. Resolution authorizing execution of agreement with EQE Engineering Inc. for an engineering analysis of two City and 17 privately owned URM buildings; Resolution appropriating the necessary funds for completion of the engineering analysis for all 19 buildings; and Resolution for a budget amendment. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH EQE ENGINEERING FOR SERVICES TO PERFORM ENGINEERING ANALYSIS OF UNREIN- FORCED MASONRY BUILDING A RESOLUTION APPROVING BUDGET AMENDMENT 90-13 TO THE 1990-1991 OPERATING BUDGET A RESOLUTION APPROVING BUDGET AMENDMENT 90-5 TO THE CAPITAL IMPROVEMENT BUDGET ADMINISTRATIVE BUSINESS evening on the deficit for two pools and then three pools. She stated that this had never been turned over to staff for an analysis. Mrs. Waters stated that she did have a staff report showing the feasability of the third pool. She stated that the Committee did not look upon the pool as a sport, but for hydrotherapy, as well as physical therapy to meet the community needs. M/S Haffey/Penna - To adopt a Resolution by title only like the one in the packet but with the elimination of Section 3. RESOLUTION NO. 18-91 Vice Mayor Nicolopulos stated that he had been the minority vote a year ago because he believed the corporate benevolence was less than optimistic, and would again vote no. Carried by majority roll call vote, Vice Mayor Nicolopulos voted no. Councilman Penna stated that he managed two properties mentioned in the ordi- nance, and he would step down from the podium and would not take part in the discussion or the vote. Director of Economic & Community Development Costello gave the history of this item and the public involvement in the selection process. She stated that if Council approved this tonight all of the owners would again be notified of the cost to participate with EQE or the other firms that bid, and staff would give them 30 days to make a decision to participate at the City cost, etc. Mr. Alan Askar stated that he had been invited by the Building Department to participate in the Committee work that had interviewed the five prospective bid- ders. He stated that Council had thought 2/27/91 Page 9 AGENDA --'ADMINISTRATIVE BUSINESS 9. Resolutions - Continued. ACTION TAKEN ADMINISTRATIVE BUSINESS there might be some cost savings achieved by doing public and private buildings together. He was sorry to relate that there were no savings offered by the com- panies interviewed with the exception of one that was very high to begin with and a reduction would not be a savings. He expressed appreciation for being allowed to participate on the panel, but was disappointed that the property owners were not given the opportunity to offer input into the drafting of the joint agreement or the RFP. He stated that the owners have difficulty in signing an agreement that they were bound to using the City's engineering firm. He stated that there were no technical specifica- tions outlined in the RFP as it was left to the engineering firm for the retro- fitting and the cost factors. He stated that he had suggested before that the City should offer a bi-level proposal rather than full retrofitting, and he had gone away thinking the RFP would be changed. He stated that during the interviews he had asked one of the firm's engineers what he favored in retrofitting, and he had said full retrofitting. He spoke in detail of the amount of retrofitting needed to respond to life saving quality as a safety option for people rather than buildings; and as a result could not recommend EQE for the award of contract for other than City buildings; the bid- ders should have come up with innovative retrofitting to lesson the cost factor to the property owners. He felt that more consistent contact with the owners and staff was needed. Discussion followed: number of meetings held by the Committee; one preliminary meeting and one with the engineers; that Council had spent a lot of time trying to be responsive to the property owners; that the Committee had made the decision 2/27/91 Page 10 AGENDA ACTION TAKEN ..... ~ADMINISTRATIVE BUSINESS 9. Resolutions - Continued. ADMINISTRATIVE BUSINESS for this recommendation; that this selec- tion does not preempt a property owner from using another firm; that the lack of specifications was at the request of the property owners; that a unanimous vote on the recommendation was only for the City's property; retrofitting costs; without specifics the cost could be double, etc. Mr. Lou Dell'Angela stated that he was a consultant representing the owners of the Metro Hotel who were undecided on using EQE for the engineering. He spoke at length: had looked at the RFP and the response from the con- sultants, and had also found RJM superior to EQE Engineering; RFP required a separate analysis for each building; required a project estimate of what was to be done on each building; EQE proposal discussed testing of masonry walls and whether the testing would meet the requirements of the UBC; that more testing would be required later on with the retrofitting; whether the contractor would be the administrator rather than the City; whether the property owner is bound by the firm's decisions; that the property owner must be in control; whether the process had been an objective one; that EQE had been involved with the City through Mr. Baca's Office in advance of the selection process; a line of objectivity being used, etc. Mayor Drago stated that he had been the swing vote in not adopting the original ordinance, and this ordinance had been written to accommodate the property owners which had set the process back. Councilman Haffey stated that the item before the Council was to engage an engi- neering firm that property owners may or may not take advantage of - and if not happy, they can go out and get their own firm. 2/27/91 Page 11 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 9. Resolution - Continued. ADMINISTRATIVE BUSINESS Mayor Drago stated that what bothered him was that the proposal was supposed to gather the input from the owners - other- wise it was an exercise in futility. Ms. Lupe Gavidia, 223 Grand Ave., stated that the property owners did not think this firm should be selected, however, they were not being listened to. She stated that she was aware that the taxpayers were going to pay for the ana- lysis of City Hall, however, no one was going to pay for the property owners ana- lyses. She stated that she had owned the property for 23 years, and if she had to pay for this she would be going out of business. She stated that she could not afford to pay the analysis of $10,000. Discussion followed: that it was a man- date of the State of California; staff to investigate if there are funds available to help Ms. Gavidia; that the property was commercial/residential; that Mrs. Gavidia had a bid of $300,000 to retrofit her building, and did not feel that was reasonable; that Grand Ave. could become a ghost town through enforcement of this program; that the State calls for the identification of URM buildings and left to local discretion the rest; that the Council had called for a two tier program, and called for an analysis; the process used for URM identification; that a historical designation could be made on the URM buildings; the deaths and destruction from the recent earthquake, etc. Mr. Hamburger, EQE Engineering Inc., addressed the cost of services, and stated that the property owners had the oppor- tunity to see the five bids. He stated that the average cost for an evaluation would be $10,000-12,000. He stated that his proposal had included multiple levels of upgrading and the basic proposal was life safety. 2/27/91 Page 12 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 9. Resolution - Continued. RECESS: RECALL TO ORDER: (PENNA RETURNED TO PODIUM) LEGISLATIVE BUSINESS 10. Motion to waive reading and intro- duce an ordinance prohibiting smoking in facilities attended by minors. AN ORDINANCE AMENDING SECTION 8.50.030 TO PROHIBIT SMOKING IN FACILITIES ATTENDED BY MINORS ADMINISTRATIVE BUSINESS Discussion followed: that the property owners may want to interview and select their own contractor; that rejecting the firm would set the City back; it appeared that the concerns had been addressed; EQE had not previously contracted with the City; that the City would set up criteria of guidelines based on the standards of the ordinance after a contractor was hired; magnitude of cost in retrofitting be lessened; that owners that can docu- ment economical hardship should make an appointment with staff to see if funding was available, etc. M/S Haffey/Teglia - To adopt the three Resolutions. RESOLUTION NO. 19-91 RESOLUTION NO. 20-91 RESOLUTION NO. 21-91 Carried by majority voice vote, Vice Mayor Nicolopulos voted no. Council adjourned to a recess at 10:00 p.m. Mayor Drago recalled the meeting to order at 10:12 p.m., all Council present. LEGISLATIVE BUSINESS City Clerk Battaya read the title of the ordinance in its entirety. Acting City Attorney Haile stated that Council had requested this ordinance some months ago and it had been prepared by the prior Attorney. He suggested making it more specific by adding the word prin- ciply in front of the word facility in the title, and putting it in the body on the second line - in which minors prin- ciply are present. Discussion followed: that this addressed 2/27/91 Page 13 AGENDA ACTION TAKEN LEGISLATIVE BUSINESS 10. Motion - Continued. PUBLIC HEARINGS 11. Public Hearing - ZA-90-62, Negative Declaration No. 705, defining whenzo~ automotive rental uses are accessory to hotels; Conduct Public Hearing; Motion to approve Neg. Dec. 705; Motion to waive reading and introduce the ordinance. AN ORDINANCE AMENDING SECTION 20.11.010 AND SECTION 20.11.070 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO REGULATE AUTOMOTIVE RENTAL IN HOTELS LEGISLATIVE BUSINESS private schools, play areas and the like; that this tightened up the existing ordi- nance; would relate to any facility that is not run by public schools or the Federal government, and private schools, boys and girls clubs, nurseries, and schools that are privately operated; how many other cities had this ordinance in place; the ordinance gave protection to children; who did not have control over the effects of secondary smoke, etc. M/S Haffey/Teglia - To waive reading and introduce the ordinance. Carried by unanimous voice vote. PUBLIC HEARINGS City Clerk Battaya read the title of the ordinance in its entirety. Mayor Drago opened the Public Hearing. Chief Planner Solomon presented the staff report that responded to Council concerns: possible need for a cap on the maximum number of cars allowed in hotels for rental agencies; and establishing a basis for analyzing parking demands in the use permit process. He stated that after meeting with several hotel opera- tors, staff had learned that a minimum of 10 cars was felt to be necessary to allow a major car rental agencies to operate out of a hotel, and 25 cars was the mini- mum required for an independent operator. He stated that the Council had a letter from the Vice President of the Grovsner Properties and staff felt the substantive issue seemed to be to allow the agencies to rent to persons in addition to the hotel guests. Councilwoman Teglia questioned why the wordage "at any time" was not added after "that no more than 10 vehicles will be stored at a hotel sited." 2/27/91 Page 14 PUBLIC HEARINGS 11. Public Hearing - Continued. PUBLIC HEARINGS Vice Mayor Nicolopulos stated that he would agree to everything but the 10 car limitation because he felt that was restrictive. He stated that he felt that the complaint had come from a lot of cars parked at the hotel which did not allow guest parking spaces. He believed that the hotel owners would not jeopar- dize their business for car rental agen- cies, and felt that number of cars should be left to the hotel owners option. Councilman Penna questioned where the 10 car figure came from because he remem- bered six cars being mentioned. Chief Planner Solomon stated that the figure six had been suggested by a speaker at the hearing, and staff had developed the figure 10 after conferring with the hotel owners. Mr. Bob Bledsof, Holiday Inn, stated that this was an amenity offered to the guests through the rental agency being on site, and it made the hotels have a competitive edge in the market with the other hotels. He believed that the incident that had led to this complaint was a fluke which he had indicated by letter to Councilwoman Teglia, and he was against the staff recommendation and wanted the status quo. Councilwoman Teglia stated that the letter had only made reference to one day, however, the problem had existed for a long period of time. Mr. Jim White, Grovsner Properties, stated that the allocation of the spaces had been done through the use permit process, and he felt that the management of the space was their problem and suggested that a limit on the number of parking spaces was not in the best interests of the City. Mayor Drago closed the Public Hearing. 2/27/91 Page 15 AGENDA ACTION TAKEN PUBLIC HEARINGS i11. Public Hearing - Continued. (Cassette No. 2) 12. Public Hearing - Urgency Ordinance temporarily limiting the issuance of some building permits and discretionary approvals within the E1Camino Corridor Study, ZA-91-65, Neg. Dec. No. 711; Conduct Public Hearing; approve Neg. Dec. No. 711; Motion to waive reading and adopt the ordinance that becomes effec- tive upon adoption by a 4/5 vote. URGENCY ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO DECLARING AS AN INTERIM ZONING MEASURE THE PROHI- BITION ON ALL SUBDIVISION TENTATIVE MAP APPROVALS, USE PERMITS, BUILD- ING PERMITS AND OTHER DEVELOPMENT APPROVALS, WITH CERTAIN EXCEPTIONS, WITHIN THE DESIGNATED AREA REFERRED TO AS THE EL CAMINO CORRIDOR: AND DECLARING URGENCY THEREOF PUBLIC HEARINGS Discussion followed: that the parking spaces issued under a hotel's use permit did not necessarily include car rental agency use; Vice Mayor Nicolopulos reiterated - taking the number 10 of the ordinance; present spaces were based on the number of hotel rooms; the use permit process should look at these on a case by case basis; Mayor Drago stated this had come up because he had been to the hotel and could not get in because the rental cars took up 25 spaces; that the limit of 10 spaces was a recommendation in the staff report, but was not in the ordinance. M/S Teglia/Haffey - To approve Negative Declaration No. 705, and waive reading and introduce the ordinance. Amended Motion/Second Teglia/Haffey - To add language to the ordinance that ade- quate parking would be determined by a parking demand study; to approve Negative Declaration No. 705; waive reading and introduce the ordinance. Carried by unanimous roll call vote. City Clerk Battaya read the title of the ordinance in its entirety. Mayor Drago opened the Public Hearing. Director of Economic & Community Development Costello explained that the E1Camino corridor study area went bet- ween Chestnut and the northern City boun- daries between E1Camino and Mission Road and a small area to the north of Hickey Blvd. as well. She related that Council had requested this report at a study session because of concerns over the number of transportation changes being proposed for the area, such as the BART Station, Hickey Blvd. Extension, and there was some interest in some residen- tial development in some of the land zoned commercial. She related the 2/27/91 Page 16 AGENDA ACTION TAKEN PUBLIC HEARINGS . 12. Public Hearing - Continued. PUBLIC HEARINGS following: that Council wanted to take a look at whether the existing General Plan and Zoning were adequate to address those changing circumstances and issues. She continued in detail: a report had been brought forward; direction given for an aerial plan; staff should move ahead on development of the area; staff directed to prepare an urgency ordinance temporarily limiting development in the E1Camino Corridor while the aerial plan was being prepared; State Law allowed limitation on new developments that may conflict with the General Plan; mailing and publication of public hearing notices for an urgency ordinance; if approved the ordinance would be in effect for 45 days; it would come forward again on 4/10/91 for an extension for a maximum of an additional 22 months; concern over major new land uses and changes in the vacant land being considered for redevelopment and not with existing developments; ordi- nance would allow improvements and alterations to existing structures and expansions of existing buildings with land uses they are currently located on and does not restrict the existing deve- lopment sites, but focuses on a limita- tion on new uses going into the area, etc. She stated that the City had received letters from several owners who are con- cerned about this ordinance, i.e., people who established the Assessment District in 1989 for the area; Kaiser Hospital; there had been a response letter from the City Attorney; letters from the appli- cants from a quick lube facility, and from the developer of the proposed 96 unit condo at 1400 E1Camino Real, the Garden Mart. Discussion followed: that the 45 day arbitration option had come from State Law; discretionary approval was an option in the staff report that could be brought back as an urgency ordinance, etc. 2/27/91 Page 17 AGENDA PUBLIC HEARINGS 12. Public Hearing - Continued. ACTION TAKEN PUBLIC HEARINGS Mr. Anthony Gatem, Kaiser Medical Center, stated that Kaiser had been a part of the community since 1948 providing health care. He spoke of long and short term building programs Kaiser had to handle the significant growth to the year 2000, and the need to seek approvals this year for additional medical offices in 1994. He stated that the use of the land along E1Camino Real was very important to Kaiser because of its close proximity to the medical center. He stated that they supported and applauded the Council's efforts in possibly planning for future land use such as the BART Station that will have a major impact on the area. He requested that the Council consider reducing the length of time for the moratorium from May 1992 to Sept. 1991, in that he felt that the additional time was not needed to finish the analysis of the optimal corridor land use. He stated that the additional nine months would adversely affect Kaiser's planning and the needed approval process, and would adversely affect their ability to decongest their present site and provide care to their members in 1994 and 1995. Mr. Bob Vasquez, Real Estate Planning Co., stated that he represented a property owner who owned a small triangle of land above the corridor. He stated that this moratorium would objectively stop his client from filing a use permit when originally the land had not been part of the corridor, and would not meaningfully interact with land use plans in the bulk of the corridor. He stated that he had a petition signed by 200 neighbors of the site in favor of the small scale development at that corner, and urged that those areas that lay north and westerly of E1Camino Real be deleted from the corridor area. 2/27/91 Page 18 AGENDA ~PUBLIC HEARINGS 12. Public Hearing - Continued. ACTION TAKEN PUBLIC HEARINGS Mr. Lou Dell'Angela, 460 Gardenside, related the following as a Consultant: that it was a good idea to study alter- nate BART sites; felt the urgency ordi- nance was too restrictive and took in too large an area, and was unnecessary; the City had an environmental review process to control new development; there was nothing to justify this ordinance; ordi- nance is looking at land use, but no one is talking about what makes this a threat; that because of the BART Station and the Hickey Extension the focus is around Macy's, and he felt a developer should pay for a market and traffic study rather than the City; BART will start in 1995 - so market study is premature; suggested that a land use study could be done in-house, etc. Mr. Russell Pape stated that he was responsible for the E1Camino Real Assessment, which included Macy's/McLellan's/Garden Mart/Broadmore Lumber as property owners. He stated that their counsel had written a letter to the City Manager containing his legal opinion on this ordinance, when the City had known of the District and the deve- lopment goals since 1984. He stated that the zoning should apply when the assessment district was approved. He stated that if BART moved north it could take some of the land from their proper- ties in that they will need a net of 8 acres for the Chestnut Station. Mr. Berg, Callan Partnership for the Garden Mart, stated that they had an application before the City for a condo project that had a cost to them of $10,000 a month in debt service, and a moratorium would make them face financial hardships. He felt: that the City should look at these applications on a case by case basis; that action should be taken on pending applications within one year or there could be legal action on the moratorium; if the moratorium is adopted 2/27/91 Page 19 AGENDA 'PUBLIC HEARINGS 12. Public Hearing - Continued. 13. Public Hearing - To consider appeal of Planned Unit Development PUD-90- 20, to allow the removal of car- ACTION TAKEN PUBLIC HEARINGS the property owners should get relief from the $100,000 they put into the Assessment District; City does not need a moratorium; BART, at its own expense has already done studies on mixed residential and commercial uses near a station; felt his application should be exempt. Mr. Mark Robson, Santa Clara Development, stated that he had submitted an applica- tion on 9/7/90 and then there had been a study session and now this moratorium. He felt that a moratorium was not needed in that the City could handle this in the use permit process. He felt that the BART Station and the Hickey Extension would enhance residential uses, and will generate tax to the City. He also felt that by connecting Hickey Blvd. with Mission road it would create new commer- cial corners and a need for residential uses, He stated that he had already paid a lot of money, and felt this was consistent with the General Plan and he should be allowed to continue the application process. Mr. Antonio Cuneo stated that he owned property on Mission Road and if the Council was going to do the study, then do it in six months so property owners that wanted to sell or develop their land were not put on hold for an unreasonable time. Mayor Drago closed the Public Hearing. Consensus of Council - To call off the moratorium; put discussion off to another date; and the applications would be looked at on a case by case basis because the controls were there through the per- mit process. Mayor Drago reopened the Public Hearing. Chief Planner Solomon recommended 2/27/91 Page 20 AGENDA A C T I O N TA K E N ~L~-~'~· · PUBLIC HEARINGS :13. Public Hearing - Continued. ports at an existing 80 unit multi- family residential development at 350-418 "C" Street; Public Hearing opened and continued on 1/23/91; Motion to deny the Appeal of PUD-90-20, the temporary removal of up to all of the 80 required car-~o~ ports. 14. Public Hearing - ZA-90-64 to establish design and siting cri- teria for flag poles; Conduct PUBLIC HEARINGS various options: 1) deny the appeal; 2) modify condition of approval #1 to delete the requirement for a structural engi- neering report; 3) allow permanent and complete removal of all the carports. Diane Finkelstein, Attorney for the Housing Authority, stated that because the Housing Authority is funded and regu- lated by the federal government through the Dept. of Housing and Urban Dev. the Authority has no ability on its own to comply with the conditions of approval set out by the Planning Commission. She stated that the Authority continues to believe the carports are in an unsafe condition and must be removed. She urged the Council to approve Option 2 in the staff report. Mayor Drago closed the Public Hearing. Discussion followed: when the Housing Authority was first aware of the unsafe condition; that there was provision for routine maintenance, but on large repairs funds had to be sought from HUD; concern over the quality of life of the tenants when funds were not readily available for major repairs; that the authority had tried to get a demolition permit from the City, and had applied for funds from HUD; that the carports had dry rot and that did not require a structural engineer, etc. M/S Teglia/Nicolopulos - To approve Option No. 2 in the staff report, "to modify the condition of approval #1 to delete the requirement for a structural engineering report. Carried by majority voice vote, Councilman Haffey voted no. Mayor Drago continued the item to the 3/13/91 meeting. 2/27/91 Page 21 AGENDA ACTION TAKEN PUBLIC HEARINGS PUBLIC HEARINGS 14. Public Hearing - Continued. Public Hearing; waive reading and introduce ordinance; request to continue the item to 3/13/91. AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO TO ADD SECTION 20.76.155 TO TITLE 20 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE REGARDING FLAG POLE STANDARDS ITEMS FROM COUNCIL Request by Councilwoman Teglia to 15. discuss submittal of claim to State for reimbursement of costs associated with implementation of Senate Bill No. 2557. ITEMS FROM COUNCIL Councilwoman Teglia requested that staff keep track of the costs paid on booking fees that were State mandated. She asked for an agenda item for the City to be the lead agency in dealing with an attorney to sue on property tax. GOOD AND WELFARE GOOD AND WELFARE CLOSED SESSION CLOSED SESSION 16. Closed session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. Council chose not to hold a Closed Session. M/S Haffey/Penna - To adjourn the meeting. Carried by unanimous voice vote. ADJOURNMENT Time of adjournment was 12:27 a.m. RESPECTFULLY SUBMITTED, APPROVED. ~ Barbara A. Battaya, City C1 · Cit~ Cl(~/~ ~k Drag City of South San Francisco /// //City of South San Francisco The entries of this Council meeting show thereat'ac ion 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. 2/27/91 Page 22