HomeMy WebLinkAboutMinutes 1991-08-14 Mayor Jack Drago
Council:
Richard A. Haffey
Gus Nicolopulos
John R. Penna
~--Roberta Cerri Teglia
MINUTES
City Council
Municipal Services Building
Community Room
August 14, 1991
0 017
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 14th day of August 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 the discussion of personnel matters,
labor relations, property negotiations and litigation.
Dated:
August 8, 1991
Barbara A. Battaya, City Clerk
City of South San Francisco
AGENDA
CALL TO ORDER: (Cassette No. 1)
ROLL CALL:
ACTION TAKEN
6:52 p.m. Mayor Drago presiding.
Council present:
Council Absent:
Haffey, Nicolopulos,
Penna, Teglia, and
Drago.
None.
Closed Session for the purpose of
the discussion of personnel
matters, labor relations, property
negotiations and litigation.
RECALL TO ORDER:
Council adjourned to a Closed Session at
6:55 p.m., and Mayor Drago announced that
pursuant to Government Code Section
54956.8 the Council would discuss pro-
perty negotiations: Levitz Furniture -
900 Dubuque, S.S.F. - APN 015-021-020
Calvin Gagolin, Corporate Property
Investors, Owners; and Little Hunan
Restaurant - 1165 Airport Blvd., S.S.F. -
APN 012-094-230 Joseph D. & Linda F.
Daniel, Owners. Councilman Penna stated
that he had a personnel matter that also
needed to be discussed.
Mayor Drago recalled the meeting to order
at 7:23 p.m., all Council present, no
action was taken.
M/S Haffey/Teglia - To adjourn the
meeting.
8/14/91
Page I
AGENDA
ACTION TAKEN
Carried by unanimous voice vote.
~DJOURNMENT:
Time of adjournment was 7:24 p.m.
RESPECTFULLY SUBMITTED,
Barbara A. Battaya, City Cl~fk
City of South San Francisco
~PPROV~D~/
~ackDrago,/Ma~r
j/City of South San 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.
8/14/91
Page 2
Mayor Jack Drago
Council:
Richard A. Haffey
Gus Nicolopulos
John R. Penna
loberta Cerri Teglia
AGENDA
CALL TO ORDER: (Cassette No. 1)
MOLL CALL:
PLEDGE OF ALLEGIANCE
INVOCATION:
PRESENTATIONS
Resolution Commending Helen Gookin ~o~l
Community Beautification Awards
AGENDA REVIEW
City Manager Requested:
- That Item No. 16 be heard after
Item No. 17.
Mayor Drago Requested:
- That Item No. 15 be heard after
- the Consent Calendar.
)RAL COMMUNICATIONS
MINUTES
City Council
Municipal Services Building
Community Room
August 14, 1991
ACTION TAKEN
7:32 p.m. Mayor Drago presiding.
Council present:
Council absent:
Haffey, Nicolopulos,
venna, Teglia, and
Drago.
None.
The Pledge was recited.
Rev. Dzerda, St. Paul's United Methodist
Church, gave the invocation.
PRESENTATIONS
Mayor Drago read the Resolution aloud and
presented it to Ms. Gookin for her work
as a Historic Preservation Commissioner.
Ms. Gookin expressed her appreciation for
having been allowed the opportunity to be
a part of the Historic Preservation
Commission since its creation.
Beautification Committee Members Margaret
Caldow and Barbara De Mattei presented
the following awards: Residential -
Robert Canziani, 625 Pine; Multi Dwelling
- Westborough Royale; Planning for
Drought Years - Walter and Mary Mazzei,
533 Eucalyptus; Commercial - Hampton
Shell; Committee's Choice - Edward and
Laura De Silva, 525 Parkway.
AGENDA REVIEW
So ordered.
So ordered.
ORAL COMMUNICATIONS
Park & Recreation Commission Chairman
8/14/91
Page I
AGENDA ACTION TAKEN
--ORAL COMMUNICATIONS
~oob
COMMUNITY FORUM
CONSENT CALENDAR
1. Motion to approve the Minutes of
Special Meeting of 7/24/91, and
Regular Meeting of 7/24/91.
2. Motion to confirm expense claims
of 8/14/91.
3. Motion to cancel the meeting of
8/28/91.
e
Resolution awarding construction
contract for Emergency Generator
Pump Station No. 5 to Legaspi
Allied Engineering Corp. in the
amount of $33,500 as the lowest
responsible bidder.
A RESOLUTION OF AWARD OF CONTRACT
FOR EMERGENCY GENERATOR PUMP
STATION NO. 5
Resolution authorizing an agreement
with CH2M Hill for construction
management services for the Water
Quality Control Plant Electrical
Facilities Construction Management.
A RESOLUTION AUTHORIZING AND
DIRECTING CITY MANAGER TO EXECUTE
AGREEMENT BETWEEN CH2M HILL AND THE
CITY FOR THE WATER QUALITY CONTROL
PLANT ELECTRICAL FACILITIES
Resolution awarding the construc-
tion contract for the Water Quality
Control Plant Electrical Improve-
ments to Kingston Construction
in the amount of $124,817 as the
ORAL COMMUNICATIONS
Dimminger announced that there would be a
re-dedication ceremony for Buri Buri Park
on Saturday, 8/24/91, at 10:00 a.m.
COMMUNITY FORUM
No one chose to speak.
CONSENT CALENDAR
Approved.
Approved in the amount of $2,190,273.99.
So ordered.
RESOLUTION NO. 99-91
RESOLUTION NO. 100-91
Removed from the Consent Calendar for
discussion by Councilman Nicolopulos.
8/14/91
Page 2
--CONSENT CALENDAR
6. Resolution - Continued.
lowest responsible bidder.
A RESOLUTION OF AWARD OF CONTRACT
FOR THE WATER QUALITY CONTROL PLANT
ELECTRICAL FACILITIES
Resolution approving agreement with
Cal Trans for the Oyster Point
Interchange Design Cooperative
Agreement.
A RESOLUTION AUTHORIZING AND
DIRECTING THE CITY MANAGER TO
EXECUTE A COOPERATIVE AGREEMENT
BETWEEN THE STATE OF CALIFORNIA AND
THE CITY OF SOUTH SAN FRANCISCO FOR
THE OYSTER POINT INTERCHANGE DESIGN
IMPROVEMENTS
e
Motion to accept the Grand Avenue
Pole Painting as complete in accor-
dance with the plans and specifica-
tions.
Resolution of Intention to amend
the Public Employee Retirement
System contract.
RESOLUTION OF INTENTION TO APPROVE
AN AMENDMENT TO CONTRACT BETWEEN
THE BOARD OF ADMINISTRATION OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE CITY COUNCIL OF THE CITY OF
SOUTH SAN FRANCISCO
10.
Motion to authorize the transmittal
of a letter to SamTrans Board of
Directors indicating that
installing advertising panels in
bus shelters is not acceptable in
South San Francisco.
11.
Resolution amending the Joint
Powers Agreement with City/County
Association of Government, and
a resolution authorizing a budget
CONSENT CALENDAR
RESOLUTION NO. 101-91
Approved.
RESOLUTION NO. 102-91
Removed from the Consent Calendar for
discussion by Councilwoman Teglia.
8/14/91
Page 3
AGENDA ACTION TAKEN
--CONSENT CALENDAR
11. Resolution - Continued.
amendment.
A RESOLUTION AUTHORIZING AMENDMENT
NO. i TO THE JOINT POWERS AGREEMENT
ESTABLISHING THE CITY/COUNTY
ASSOCIATION OF GOVERNMENTS TO
ADJUSTMENT OF POPULATION FIGURES
A RESOLUTION APPROVING BUDGET
AMENDMENT 92-3 TO THE 1991-1992
OPERATING BUDGET
e
Resolution awarding the construc-
tion contract for the Water Quality
Control Plant Electrical Improve-
ments to Kingston Construction
in the amount of $124,817 as the
lowest responsible bidder.
A RESOLUTION OF AWARD OF CONTRACT
FOR THE WATER QUALITY CONTROL PLANT
ELECTRICAL FACILITIES
10.
Motion to authorize the transmittal
of a letter to SamTrans Board of xOb
Directors indicating that
installing advertising panels in
bus shelters is not acceptable in
South San Francisco.
CONSENT CALENDAR
RESOLUTION NO. 103-91
RESOLUTION NO. 104-91
M/S Haffey/Teglia - To approve the
Consent Calendar with the exception of
Items No. 6 and 10.
Carried by unanimous voice vote.
Vice Mayor Nicolopulos stated that he was
pleased with the outcome, but had noted
the discrepancy of the estimate to the
bid.
Director of Public Works Parini stated
that the design engineer had reevaluated
the staff estimate - which was on the
high side, however, the side work would
be done faster than anticipated which
affected the costs.
M/S Nicolopulos/Teglia - To adopt the
Resolution.
RESOLUTION NO. 105-91
Carried by unanimous voice vote.
Councilwoman Teglia stated that she sup-
ported the recommendation, but she remem-
bered that when the benches were first
put in the Council had not wanted adver-
tising. She suggested that the letter
include - no advertising on benches.
M/S Teglia/Haffey - To amend the letter
to include benches.
8/14/91
Page 4
AGENDA ACTION TAKEN 02023
--10. Motion - Continued.
ADMINISTRATIVE BUSINESS
Resolution approving agreement with
San Francisco International Airport
regarding the Noise Insulation
Program.
A RESOLUTION AUTHORIZING AND
DIRECTING THE CITY MANAGER TO
EXECUTE AN AGREEMENT BETWEEN THE
CITY AND COUNTY OF SAN FRANCISCO
AND THE CITY OF SOUTH SAN FRANCISCO
FOR AIRCRAFT NOISE MITIGATION
Vice Mayor Nicolopulos stated that adver-
tising had payola in it, and questioned
if this was a case of blight or was
detrimental to the community.
Director of Economic & Community
Development Costello stated that there
was some financial benefit in advertising
in bus shelters, however, this would
cause serious concerns over visual
clutter, etc. She stated that no other
cities had bought into the proposal, and
that SamTrans was trying to reduce their
maintenance costs and was looking for
feedback.
Carried by unanimous voice vote.
M/S Teglia/Haffey - To send the letter to
SamTrans Board of Directors.
Carried by unanimous voice vote.
ADMINISTRATIVE BUSINESS
City Manager Armas spoke of earlier
discussion and debate of the merits of
SB226 dealing with housing and noise
impacts associated with housing proximity
to airports. He continued, as a result
of that discussion the Council had ini-
tially supported the legislation, and had
subsequently revised its position to a
neutral one. He related that the Mayor
had directed the inter-governmental com-
mittee, Councilmembers Teglia and Haffey
to have discussions with the Airport to
address noise insulation programs, as
well as, the question of housing. He
stated that staff and the committee had
met with the Airport Director and his
staff and the agreement before Council
was the end result of those meetings.
He stated that the agreement began a pro-
cess - it does not conclude a process,
and does not commit the Council to a
final end product as it simply initiated
an activity. He recited what is started:
a review of the General Plan; zoning
regulations, and other land use policies
8/14/91
Page 5
AGENDA ACTION TAKEN
.- .... ADMINISTRATIVE BUSINESS
15. Resolution - Continued.
ADMINISTRATIVE BUSINESS
to enable a review and consideration of
whether this City should prohibit housing
and other noise sensitive uses from being
developed on the east side of Highway
101.
He stated that as part of the process
there would be: an environmental review,
a review of the housing element; and a
review of other policies the Council
has adopted to determine whether that is
an appropriate course of action;
followed by public hearings before the
Planning Commission and the Council
before any action could be taken with
respect to the General Plan.
He stated that if the Council chose to
approve the agreement there was no action
that would prohibit housing from taking
place, if however, in the end the Council
decided it was appropriate to prohibit
those types of uses on the east side of
the Bayshore, then the Airport would be
committed to contributing a million
dollar per year amount for a period of
ten years to be used by the City to
assist residents in retrofitting existing
homes, etc. He then spoke at length of
the FAA funding program.
He stated that correspondence had been
received from PIBC, Legal Aide, and a law
firm representing the KOHL Co.
suggesting the Council not act on the
agreement. He stated that letters were
also received from the President of the
Avalon Brentwood Homeowners Assn., as
well as, from 20 plus residents and 114
phone calls from people in the Avalon/
Brentwood area indicating support for
adoption of the agreement.
Vice Mayor Nicolopulos stated that he did
not understand how whatever decision
Council made on the agreement would not
be a determining factor. He stated that
the agreement was explicit which the com-
mittee had come up with; the Airport had
8/14/91
Page 6
AGENDA ACTION TAKEN
"ADMINISTRATIVE BUSINESS
15. Resolution - Continued.
ADMINISTRATIVE BUSINESS
taken a position, now it was up to the
Council to take a position with the
recommendation of the subcommittee.
Mayor Drago stated that the Manager had
related that the action the Council took
now was not binding - it was to set in
process what had to be done.
Vice Mayor Nicolopulos disagreed, and
stated that he felt it was binding.
City Manager Armas read aloud page 9 of
the agreement, "Upon execution of this
agreement S.S.F. shall be obligated to
initiate process and consider in good
faith the action set forth below. The
action set forth below describes a process
whereby the City in exercise of its
lawful governmental authority after due
consideration of all the information that
it receives taken into account and con-
sider whether or not to amend their
General Plan."
Mayor Drago stated that he had requests
to read letters into the record, and
questioned the City Attorney as to
whether or not this was necessary.
City Attorney O'Toole stated that the
record will reflect, through the City
Clerk, that those letters were submitted
and will become an actual part of the
packet, so it was not necessary to reread
them into the record.
Mayor Drago stated that this would be
true of the opposition letters from Mr.
Fred S. Farquar of Landspring, the Legal
Aide Society, and PIBC, as well as let-
ters in support of the agreement.
Councilman Penna stated that the City
Manager had mentioned that there were two
periods of time when funds were not
received from the FAA and that the last
period of time was 1989-1990.
8/14/91
Page 7
AGENDA ACTION TAKEN
'1DMINISTRATIVE BUSINESS
15. Resolution - Continued.
ADMINISTRATIVE BUSINESS
City Manager Armas stated that the City
did not receive any money in 1984-1985,
nor in 1989-1990. He stated that ini-
tially this City had been the lone entity
competing for FAA dollars, and over time
other cities had applied for monies
coupled with reduction of FAA monies
because of the money going to other
cities.
Discussion followed: that there was a
delay in the receipt of FAA funds as com-
pared to when the insulation work takes
place; when the City executes an
agreement with the FAA the City needed to
demonstrate the matching fund capability
from the Airport; the FAA considered an
expenditure taking as long as 24 months
to have been satisfactory; that the 1988
funds were not expended until 1990, etc.
Mr. Jim Swinfard, 120 Sherwood Way,
encouraged the Council to approve the
agreement. He stated that he firmly
believed that a City's primary respon-
sibility was to those citizens who pre-
sently reside in and pay taxes in that
City. He spoke of conditions in the
impacted area where residents were forced
to endure painful intrusions into their
daily and nightly existence for an inde-
finite period of time without retro-
fitting done to their property. He spoke
of a resident going into debt for $10,000
for retrofitting that would not be reim-
bursed and that the people could ill
afford the expenditure.
He asked the Council to establish a more
defined policy regarding when particular
neighborhoods were going to be retro-
fitted, so the residents could make
important financial decisions.
Mrs. Elaine Busalacchi, 38 Escanyo Dr.,
stated that conversations could not be
held in her home because of the overhead
aircraft noise that occurred sometimes
every 3-15 minutes made it impossible.
8/14/91
Page 8
---ADMINISTRATIVE BUSINESS
15. Resolution - Continued.
ADMINISTRATIVE BUSINESS
She stated that she and her husband could
not afford to retrofit their home or
buy another.
Mr. Jim Lallas, 739 Grand Ave., stated
that he had lived in a house in Buri
Buri, and was convinced it was lined up
with Runway 27 - the Gap. He felt that
the noise had improved tremendously over
a twenty year period because of high
bypass low noise engines, larger
aircraft, and most important, the change
in flight patterns.
He had thought that putting housing with
the Shearwater Project was out - a moot
issue, and encouraged the Council to
accept the money and can the housing
east of 101 because it was an industrial
area. He felt that the Airport had
become a good neighbor and was important
to the area.
Mrs. Antoinette Fraschieri, 478 Avalon
Dr., strongly urged the Council to accept
the agreement and continue the retro-
fitting program to alleviate noise in
residences.
Mr. A1Seubert, 224 Northwood, spoke of
the comfort level after his home was
insulated, and he encouraged the Council
to approve the agreement.
Mrs. Margaret Pettigrew, 408 Briarwood,
spoke of having to endure noise levels in
her home that rattled dishes and windows
and made it impossible to hear the tele-
vision. She urged adoption of the
agreement for the betterment of S.S.F.
and its present residents.
Mr. Joseph Stamatis, 269 Avalon Dr.,
stated that when the jets came overhead
conversation out of doors was impossible
and that indoors conversation was dif-
ficult. He stated that when the shore-
line departure route was put in noise
problems were allevated some from
flights turning out over the Bay before
8/14/91
Page 9
AGENDA ACTION TAKEN
.-~-ADMINISTRATIVE BUSINESS
15. Resolution - Continued.
ADMINISTRATIVE BUSINESS
flying over the City.
He stated that the insulation program had
alleviated some noise, but only a few of
the homes in the area had this advantage,
and he believed all the homes should have
that same advantage. He encouraged the
Council to not allow housing east of 101
under the Shoreline Departure Route.
He stated that since then some homes had
been double paned to add insulation under
the noise abatement program thanks to
efforts of some of the Council to alle-
viate the noise.
He stated that he was in favor of
entering into the agreement to not allow
housing east of 101Bayshore, otherwise
he felt that if homes were built there
would be pressure put back on the Airport
to have the planes return to their origi-
nal departure. He stated that Runway 28
left and 28 right point directly at his
home.
He stated that historically some of the
Council were pro-development people and
people who did not live in their City,
rather than for their constituents who
voted them into office. He urged the
Council to vote the adoption of the
agreement and accept the $10,000,000 and
think of the benefits to the residents.
Mr. Paul Weise, 222 Brentwood, stated
that his home was right under the flight
plan and when his family watched a TV
mystery they missed the solution because
of the airplane noise - which was very
frustrating.
He stated that it appeared that the issue
involved giving the future rights of some
people to live under a flight path to
endure current residents hardships or to
ameliorate the conditions of people
already living under the flight path. He
felt the Council should take care of the
present residents.
San Mateo County Supervisor Schumacher
8/14/91
Page 10
AGENDA ACTION TAKEN
!'--ADMINISTRATIVE BUSINESS
15. Resolution - Continued.
ADMINISTRATIVE BUSINESS
stated that the County had just concluded
an agreement for Country Club for
$644,000 from the FAA, and $170,000 from
the Airport for retrofitting homes which
would be completed in the fall of 1992.
He stated that the agreement before
Council concerned him because of the pro-
cess and Mr. Turpen's remarks in the
newspaper that if the City did not
approve the agreement they would not get
the money. He stated that he was con-
cerned over Millbrae and Daly City who
also had residents needing the retro-
fitting and yet they were not being
offered the $10,000,000. He spoke in
detail of political pressure from the
Airport to oppose the Kopp Bill, and now
pressure to have the City approve a
change to the General Plan in advance.
He stated that the Manager had said that
you go ahead with the agreement but you
will have public input - but what was
proposed was to make a decision before
the General Plan amendment. He felt the
Airport was spending money to buy an
amendment, and he was concerned where
that would leave the people in Millbrae,
San Bruno, and Daly City.
Councilwoman Teglia stated that the
Council was not interested in hurting its
neighboring cities, but the funds from
the Airport were coming from a source
separate from the on-going funds.
Mayor Drago stated that Mr. Turpen had
not initiated this - that after the
Council Hearing on the Kopp Bill where
the owners could not sue the Airport, he
had selected a subcommittee to meet with
the Airport to find out what they were
willing to do. He spoke of subsequent
Subcommittee meetings with Mr. Turpen.
He stated that it was a result of the
Senator's Bill that the City was in
danger of losing the funds, so rather
than go through it yearly to seek grants
- this was how it came about.
8/14/91
Page 11
AGENDA ACTION TAKEN
--~DMINISTRATIVE BUSINESS
15. Resolution - Continued.
ADMINISTRATIVE BUSINESS
Supervisor Schumacher questioned if the
Airport had indicated that the City was
in danger of losing the funds.
Mayor Drago replied in the affirmative.
He stated that he did not feel the
Council was penalizing any of the other
cities, and if they were willing to
change their General Plan - he would
encourage it.
Councilwoman Teglia stated that in the
past the Airport only had to match what
the City was getting from the FAA, and
this particular agreement calls for
money being paid to this City irrespec-
tive of the FAA. She stated that since
the inception of the program in 1983-84,
there had been $1,000,000 in total from
the Airport in matching funds. She
stated that this agreement did not
guaranty a General Plan Amendment,
because if after the public hearings the
Council decides it is not warranted -
there are no penalties.
Mayor Drago stated that his record shows
that he has never been a supporter of
housing east of the Bayshore, and the
only thing that had been approved was 300
units in the Shearwater.
Supervisor Schumacher stated that if jobs
were created without housing it would
cause more transportation problems and
congestion.
Councilman Haffey stated that the Council
was elected to represent the people who
live here, who voted them into office,
and this was not a difficult issue and
was nothing to cause a long debate. He
stated that the Mayor had never supported
housing east of the freeway - he himself
had actually considered it east of the
Bayshore before this. He complimented
the subcommittee on the agreement, and
also felt that it was more important to
consider the Southwood, Francisco Terrace
residents than it was to consider the
8/14/91
Page 12
^GE,D^ ^CT O, T^KE,
--ADMINISTRATIVE BUSINESS
15. Resolution - Continued.
ADMINISTRATIVE BUSINESS
Kohl Corp. who want to develop homes
east of the freeway.
He stated that he was not running for
reelection or looking for votes, but felt
the audience should push the candidates
for Council on where they stand - what is
important, the developer or the people
who live in the neighborhood because that
had been his legacy on the Council.
Councilman Penna stated that his in-laws
lived in one of the noise impacted areas,
and spoke at length of graduating noise
levels over the years from the jets
flying over head.
He spoke of a flyer from the Avalon/
Brentwood Homeowners Assn. in reference
to the agreement which would pay for
noise insulation without cost to the
homeowner. He stated that was not true,
and referred to a engineering map which
prioritized homes that would be included
in the program. He stated that the sta-
tement would be correct if it said that
each selected home would be taken care of
- not all of the homes, as the flyer
indicated, are selected.
He spoke in detail of homes being
included in the retrofitting program with
a 70 CNEL, then 69 CNEL noise levels, and
so forth. He stated that it covered
Brentwood up to Briarwood to Greenwood -
Ravenwood, Sherwood, Wildwood and
Hazelwood are not included because there
are not enough funds, etc.
He continued in detail of the areas not
included: upper part of Avalon;
Westborough, Buri Buri; Winston Manor
because they fall below the 68 CNEL
priorities.
He spoke of an map he had received from
the Engineering Dept. that showed that
chances for the Winston Manor area being
done were nil, yet Daly City would be
seeking grants for Serra Manor which
8/14/91
Page 13
AGENDA ACTION TAKEN
--ADMINISTRATIVE BUSINESS
15. Resolution - Continued.
ADMINISTRATIVE BUSINESS
was across the street.
He cited in detail the homes needing
retrofitting, and stated that the total
number was in the area of 6,000 with an
average cost of $11,500.00. He felt that
there was a need for $80,000,000 rather
than the $10,000,000 in the agreement.
Councilwoman Teglia refutted the
Councilman's statements: that the
agreement with the FAA called for homes
of 65 CNEL or greater being retrofitted;
that all of Brentwood, Avalon Park,
Francisco Terrace, A, B, C, and Park
Haven on this side of the Golf Course was
totally included - every single owner
occupied home in those areas. She stated
that Councilman Penna was correct - there
was little money. She stated that the
agreement says take the money and the
City was required to apply for FAA grants
for matching funds over the ten year
period on an annual basis, and the City
needed to get an agreement from the FAA
for the ten year period, etc.
Councilman Penna stated that the problem
was that the Airport had offered pie in
the sky, and although the agreement had
merit as a starting base for nego-
tiations, etc.
He spoke in detail on greater aircraft
noise from increased internation flights
on Runway 28 heading west and heavy
domestic flights for which S.F.I.A. would
be the hub. He stated that this would be
decided in the master plan for the
Airport, and he felt there would be an
attempt to change the map because with
quieter aircraft they could remove areas
to be retrofitted.
He stated that the Airport was an impor-
tant neighbor to S.S.F. because of their
employment of people in the area. He
stated that the master plan showed a
budget of $1.7 million, and he felt they
8/14/91
Page 14
AGENDA ACTION TAKEN
--ADMINISTRATIVE BUSINESS
15. Resolution - Continued.
ADMINISTRATIVE BUSINESS
could increase the funds in the agreement
to $80,000,000, etc.
He stated that the Airport had said that
if the City supported the Kopp Bill they
were going to withdraw their funds -
which he felt was obscene. He stated
that the Airport was looking for aviation
easements, so that anyone retrofitting
their homes, using the matching funds,
could not sue the Airport. He stated
that the City had two choices: it could
use redevelopment funds - which the FAA
would allow; or the City could pay the
20% matching funds.
He stated that he would like to move that
the Council bring this aback to the
Airport Committee for the purpose of
starting a negotiation process with the
Airport talking about the fair share of
what they owe us. He felt that
$10,000,000 was pennies, and he was not
going to sell the City out for pennies.
He stated that in L.A. the Airport was
taking care of the noise problems by
matching the Federal funds 100%. He
stated that when contracts were signed
rapidly often the fine print was over
looked, and he saw a sell out that was to
the benefit of the Airport.
He stated that he had heard tonight that
there were no votes for housing east of
the freeway - not true. He stated that
the Zoning Map in the area of Bayshore is
zoned planned commercial and residential
with 30 units to the acre, and the
Council identified residential in
Shearwater and the Kohl development, etc.
He stated that if the City was going to
bring in businesses - they must provide
housing, otherwise it impacts traffic.
He stated that his other objection was in
having another government agency in our
pocket - which means that when the
Airport expands and develops housing, the
8/14/91
Page 15
AGENDA ACTION TAKEN
--ADMINISTRATIVE BUSINESS
15. Resolution - Continued.
Councilman Haffey Left the Podium:
ADMINISTRATIVE BUSINESS
City can only approve housing if the
Airport does. He stated that the flyer
says that after due process it will not
allow housing east of 101 - which was
partially true. He stated that the
agreement the Council was being asked to
accept calls for a process where the City
goes through the General Plan and removes
the right for any of the redevelopment
areas to establish housing for fifteen
years - even though the agreement is only
for ten years. He continued, which means
that any Council in the future that
wishes to change that - they can, but
they must pay back the money. He stated
that the Airport was not putting up
$10,000,000, instead it is $7,500,000 and
the rest is interest.
Mayor Drago reiterated that he had never
supported housing east of 101, and there
had not been applications before the City
for housing other than Shearwater.
Councilman Haffey left the podium at 8:50
p.m
He stated that it was not unusual to cut
a deal with another government agency,
and the City had one with the County
for the jail and was willing to give up
a $1,000,000 property to keep a jail
out of the neighborhoods which unfor-
tunately was not accepted.
City Manager Armas suggested that there
might be some merit in completing a
larger segment of a neighborhood as the
programs progressed before moving on, and
those choices would be submitted to the
Council.
Discussion followed: that there was a
written agreement with the FAA; that the
residents were entitled to know when
their homes would be retrofitted; that
there had been a 5-0 vote for the sub-
committee to meet with the Airport;
that the City intended to go for rented
dwellings after the owner single occu-
pancy homes were completed; subcommittee
8/14/91
Page 16
AGENDA ACTION TAKEN
ADMINISTRATIVE BUSINESS
15. Resolution - Continued.
ADMINISTRATIVE BUSINESS
Mr. Doug Thomas, Kohl Company, refutted
the benefits of the agreement to the
City: that this agreement was without
cost to the City; the Airport operated
under a variance, and is required to pro-
vide noise insulation funds because of
the problems they have brought on; the
need for housing in the Airport expansion
plans; that the funding from the Airport
had not changed since 1986; that the
homeowner had to give up his right to sue
the Airport in order to take part in the
program; that Dallas Fort Worth Airport
offered 25% whether you wanted to insu-
late or not which cost five thousand vs.
the two thousand cost here; Dallas will
also appraise your home and if you can't
get that price, they will buy it from
you; do all the homes get insulated; is
it done quickly; the map currently used
would be changed when the Airport master
plan was finalized and homes in areas on
the old map would no longer be eligible
for funding; that if his company could
build high density housing affordable at
Serra Point in the redevelopment area,
the City would derive benefits, and ease
the housing shortage; that the City was
losing businesses to other areas in the
because of a lack of affordable housing;
that Shearwater and Kohl developments
were not underneath the flight path
according to the new map; that there were
other alternatives to banning housing;
etc.
Mr. Jake Jones stated that he was for
this program even when Mrs. Teglia and
her friends advocated homes in the
Shearwater, and cautioned people against
getting carried away by the fairy god-
mother who is doing things for us. He
stated that Mr. Turpen had admitted that
Louisville Kentucky got $200,000,000, and
he felt that everyone's house should be
retrofitted that is affected by the
noise. He stated that'he knew it was
election time, and he wanted to not
give someone a homesteading seat on
the Council for a fourth term.
8/14/91
Page 17
AGENDA ACTION TAKEN
--ADMINISTRATIVE BUSINESS
15. Resolution - Continued.
Councilman Haffey Return to the Podium:
ADMINISTRATIVE BUSINESS
Mr. Lou Turpen, Director of S.F.I.A.,
stated that the Airport had taken a posi-
tion to mitigate noise, and that one way
to do that is to not introduce incom-
patible land uses. He stated that the
Shoreline Departure Route was the only
one that did not fly over homes. He
stated that he did not believe that homes
should be built in toxic areas or under
the Shoreline Departure Route.
He stated that the 1980 map was being
used because it allowed the largest or
maximum number of homes to be insulated
using Federal and Airport funds. He
stated that this City had under 6,000
impacted homes, and the State standards
do not require the Airport to insulate
homes in single event noise areas, and
that further to that the area east of the
Bayshore was under the flight plan. He
stated that in the mid-1980s debate
over 65 CNEL did affect the Shearwater
Project, and that the return of pre-
vailing summer westerly winds forced
airplanes to go straight out through the
Gap or use the Shoreline.
Councilwoman Teglia commented that the
funds were for homes built before 1980 -
not for new homes.
Councilman Haffey returned to the podium
at 9:15 p.m.
Mr. Turpen stated that Foster City was
lobbying the Airport for noise mitigation
when housing had been opposed in Foster
City because of flight patterns. He
stated that the Airport had obtained a
variance to operate from the State to
mitigate noise in the community that had
gone from $200,000 to $500,000. He
stated that the Airport had $300,000 in
the budget for all cities - but, the
$10,000,000 had nothing to do with those
funds.
Vice Mayor Nicolopulos stated that he had
8/14/91
Page 18
AGENDA ACTION TAKEN
F 'ADMINISTRATIVE BUSINESS
15. Resolution - Continued.
(Cassette No. 2)
RECESS:
RECALL TO ORDER:
12.
BART Study Team presentation~ 5°~
regarding status of environmental
studies and analysis of alter-
natives.
ADMINISTRATIVE BUSINESS
heard allegation and assumptions from Mr.
Turpen that had not been corroborated.
He complimented Councilwoman Teglia for
getting S.S.F. as the first City to get
these funds, as well as her negotiations,
however, he did not feel she had been
tough on this agreement.
He stated that Mr. Price had said in
reference to Shearwater, that he could
make more money with a commercial deve-
lopment when the City wanted the residen-
tial component. He complimented Mayor
Drago for being tough and getting
$15,000,000 for the Overcrossing, but he
felt that if the City approved this
agreement it was giving up control.
M/S Haffey/Teglia - To adopt the
Resolution.
RESOLUTION NO. 106-91
Carried by majority roll call vote,
Councilmen Nicolopulos and Penna voted
no,
Mayor Drago declared a recess at 10:40
p.m.
Mayor Drago recalled the meeting to order
at 10:55 p.m., all Council present.
Mr. Goldberg described the following:
alignment of tracks; the Colma, Chestnut
and Tanforan stations; external alignment
to the Airport; inclusion of Alternate 5
and 6; vertical alignment in each; pro-
ject schedule; preparation of capital
cost estimates; investigation of all
impacts; public hearings will be held and
alternatives will be selected in 1992;
there would be an open house in October
on the alternatives, etc.
Councilman Haffey stated that he was glad
to see that the subway option was still
being considered.
Councilwoman Teglia stated that there
8/14/91
Page 19
AGENDA ACTION TAKEN
~DMINISTRATIVE BUSINESS
12. BART - Continued.
13.
14.
Resolution authorizing a reward
the amount of $5,000 for infor-
mation leading to the arrest and
prosecution for the person(s)
responsible for the death of
Celestino Diaz-Guzman.
A RESOLUTION AUTHORIZING A REWARD
FOR INFORMATION AND APPREHENSION OF
RESPONSIBLE PERSONS IN THE
CELESTINO DIAZ-GUZMAN HOMICIDE CASE
Resolution approving agreement
between the City and International
Assn. of Firefighters Local 1507,
Unit B; and Resolution approving
budget amendment.
A RESOLUTION ACCEPTING AND
APPROVING AN AGREEMENT BETWEEN THE
CITY OF SOUTH SAN FRANCISCO AND THE
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS LOCAL 1507, UNIT B,
FOR THE PERIOD JULY 1, 1991 THROUGH
JUNE 30, 1994
A RESOLUTION APPROVING BUDGET
AMENDMENT 92-4 TO THE 1991-1992
OPERATING BUDGET
ADMINISTRATIVE BUSINESS
were two alternatives for S.S.F., but she
did not like the idea of a trench running
adjacent to a major park and
neighborhoods.
Mr. Goldberg stated that the cut would be
retained and would be kept close to
grade. He stated that the decision
making would take place after the public
hearings and the City could provide imput
to the Policy Committee, etc.
Police Captain Raffaelli related the
4/13/91 shooting of the local resident
and this attempt to find information to
assist in the apprehension of the guilty
party.
M/S Haffey/Penna - To adopt the
Resolution.
RESOLUTION NO. 107-91
Carried by unanimous voice vote.
Coordinator of Labor Relations Tolmacheff
stated that the City and the Union had
reached agreement on a new three-year MOU
after a number of negotiation sessions,
and recommended the Council adopt the
resolution.
Mayor Drago stated that a no vote would
appear that he was against the MOU,
however he supported the resolution but
had a problem with a three year contract
across the board when the economy was not
stable. He spoke of statistics he had
compiled on the market for fire fighters,
cost of living or CPI factors, and that
his figures were higher than the cost
being used tonight - which the Council
had ignored. He stated that in the vote
taken in Closed Session on the MOU, three
Councilmembers voted for it and he had
been the lone dissenter. He stated that
8/14/91
Page 20
A G E N D A A C T I 0 N T A K E N ~,~i!~.L. ?i~
ADMINISTRATIVE BUSINESS
14. Resolutions - Continued.
ADMINISTRATIVE BUSINESS
in tonight's staff report the numbers
were different than voted on in the
Closed Session, and proceeded to cite the
differences. He stated that the numbers
bothered him, because he would rather see
the actual increases out front.
He stated that during the negotiations the
budget deficit and the consumer price
index had not entered the picture as to
where the dollars would come from. He
stated that he was going to oppose all
future increases unless the economic
cloud disappears.
City Manager Armas stated that the terms
in the staff report provide for adjust-
ments every six months, yet although it
appeared to be a disparity - analyzing
the dollar allocation was consistent.
Councilman Haffey stated that the Council
had given direction to staff in Closed
Session to put together the MOU and put
it on the table in negotiations for a
three year contract with a medical cap -
which staff did.
Councilman Penna spoke of the importance
of good salaries for police and fire em-
ployees, and felt if there was a short
fall it should be in the conference
center.
Mayor Drago stated that Councilman Penna
had not voted for the budget, and had
said make cuts in services to handle the
ueficit.
He stated that he was not sure the fire-
men wanted a three year contract, and was
bothered by the City committing funds for
three years when they did not know if
they had the funds.
Councilwoman Teglia stated that she sup-
ported multi-year contracts, and did not
feel that the contract was exorbitant.
M/S Haffey/Teglia - To adopt the two
resolutions.
8/14/91
Page 21
AGENDA ACTION TAKEN
....... ADMINISTRATIVE BUSINESS
14. Resolution - Continued.
PUBLIC HEARINGS ~qo~
17. Public Hearing - Appeal of Planning
Commission decision of 7/18/91 re:
UP-91-888 and Negative Declaration
No. 716 to allow a public con-
ference center at 255 Airport
Boulevard; Conduct Public
Hearing; Motion to uphold the
decision based on the findings and
subject to the conditions of appro-
val in the staff report.
ADMINISTRATIVE BUSINESS
RESOLUTION NO. 108-91
RESOLUTION NO. 109-91
Vice Mayor Nicolopulos stated that he
agreed with the Mayor that these were
austere times and that multi-year
contracts were not good. He stated that
a study of 50 cities showed that 29 were
in the red and had to cut services or
raise taxes. He stated that he was
against doing either for two years, and
wanted to minimize withdrawals and maxi-
mum deposits.
Mr. Steve Pieraldi, President Local 1507
Fire Fighters, stated that a three year
contract was not all things, but was fair
and equitable. He stated that this was
the first time a contract was received by
the firefighters before July I and he
complimented the City.
Carried by unanimous voice vote.
PUBLIC HEARINGS
Mayor Drago opened the Public Hearing.
Chief Planner Solomon presented the staff
report and encouraged the Council to
uphold the decision of the Planning
Commission and deny the appeal.
Mr. Lou Dell'Angela stated that he had
expressed concern in 1989 over the con-
ference site not being the best location,
and the City should study other sites
before making any commitment for
leasing. He continued, the City had
entered into the agreement which in his
professional opinion had drawbacks.
He cited his concerns over the conference
center: plans were incomplete; insuf-
ficient parking on the site; negative
declaration was not justified based on
the information in the staff report; lack
of a parking management plan, and if one
is not received the City should hold up
8/14/91
Page 22
AGENDA ACTION TAKEN
PUBLIC HEARINGS
17. Public Hearing - Continued.
PUBLIC HEARINGS
the certificate of occupancy; that the
amount of surplus parking available at
the two adjacent hotels was not known;
there was not sufficient space for over-
flow parking at the Travel Lodge or in
the PG&E lot; lack of a comprehensive
financial analysis study; lack of a
parking and market study which were cru-
cial elements; lack of an agreement with
the Radisson and the Travel Lodge to
record covenents on the property to pre-
serve parking for the center, yet the
zoning ordinance says they are require-
ments; concerns raised by the consultant
firm confirmed the inadequacy of parking
on the site, etc.
He stated that the staff report appeared
to have different rules for different
people, and felt that if it was not a
City project the Planning Commission
would have thrown it out.
He stated that this had started origi-
nally as a City project and then a func-
tional market, and then the Radisson
and the Holiday Inn joined - he
questioned why the City was marketing for
the two hotels. He stated that this was
a City project and if the City wanted to
they could turn it over to private hands
- which he suggested, rather than showing
favoritism to certain hotels.
He felt that a 1,200 capacity conference
center was not what the market needed,
and felt that the planning should be
based on solid information before a deci-
sion was made by the Council. He stated
that the hotels were suffering from a
lack of occupancy because of the over
building of hotel rooms, and the con-
ference center was not going to help the
economic climate. He stated that the
City could save the money now and build
the center in a different location.
He requested the Council do the
following: 1) reject site and take legal
steps to get out of the $300,000 per
8/14/91
Page 23
A G E N D A A C T I 0 N T A K E N ~<,~i~_. ~
PUBLIC HEARINGS
17. Public Hearing - Continued.
Councilman Haffey Left the Podium:
PUBLIC HEARINGS
month lease; 2) create a task force of
community leaders; 3) draft documents to
shift the financial burden to the private
sector if Measure C funds don't cover the
private management operation.
Conference Center Director Carl stated
that the Board and staff had worked dili-
gently to respond to Planning Commission
concerns and they realized that the
project must be carefully managed.
Mr. Jim White, Holiday Inn, strongly
urged the Council to uphold the decision
of the Planning Commission.
Mayor Drago asked that a letter from
Comfort Suites be made a part of the
packet, and closed the Public Hearing.
Councilman Haffey left the podium at
12:25 a.m.
Vice Mayor Nicolopulos stated that he was
not against the conference center, but he
agreed that a market feasibility study
and a budget should have been done to get
the best possible deal for the center.
He stated that he would oppose this item.
Councilman Penna stated that he agreed
with Mr. Dell'Angela, and pointed out
the fact that the site had sunk to water
level and would flood. He stated that an
agreement with the Holiday Inn and the
Radisson to reserve parking spaces was
unreasonable because they didn't have
enough spaces for rent-a-car and their
patrons. He felt that if it was to be a
joint effort with private industry, then
they should take the risk and relieve the
City of its obligation.
He stated that the Board meeting minutes
do not address overruns and the cost of
the project, and the tapes are garbled.
He stated that he was also concerned
because he could not get a copy of the
Board minutes without writing memos.
8/14/91
Page 24
AGENDA ACTTON TAKEN
--PUBLIC HEARINGS
17. Public Hearing - Continued.
Councilman Haffey Returned to the Podium:
16. Resolution approving plans and
specifications and calling bids
for the South San Francisco
Conference Center.
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE
WORK AND CALLING BIDS FOR THE
CONSTRUCTION OF THE CONFERENCE
CENTER
ITEMS FROM COUNCIL
PUBLIC HEARINGS
He felt that the City should drop the
lease, set up a task force to look for
another site that would support parking,
and uphold the appeal.
Discussion followed: whether private
ownership had been investigated; how to
lock in parking at the hotels; through a
certificate of occupancy; City would be
putting $5 million into the building and
did not have a means of guaranty; con-
dition 5 stipulates those conditions that
must be in place to tie it to the bid
award; parking spaces at the Radisson,
Holiday Inn, and the Travel Lodge.
Councilman Haffey returned to the podium
at 12:53 a.m.
M/S Teglia/Haffey - To deny the appeal,
uphold the decision of the Planning
Commission; modify Condition No. 5 "That
agreements referenced be approved by the
Chief Planner prior to award of bid."
Carried by majority roll call vote,
Councilmembers Penna and Nicolopulos
voted no.
Conference Center Director Carl presented
the staff report.
M/S Haffey/Teglia - to adopt the
Resolution.
RESOLUTION NO. 110-91
Carried by majority roll call vote,
Councilmembers Nicolopulos and Penna
voted no.
ITEMS FROM COUNCIL
Mayor Drago asked that Mr. West's matter
be taken care of from an earlier meeting.
Councilwoman Teglia stated that the
grounds of the Post Office on Linden are
blighted.
8/14/91
Page 25
A G E N D A A C T I O N T A K E N ~'~'<. ~.~
---~OOD AND WELFARE
CLOSED SESSION
18.
Closed session for the purpose
of discussion of personnel matters,
labor relations, property nego-
tiations and litigation.
GOOD AND WELFARE
No one chose to speak.
CLOSED SESSION
Council chose not to hold a Closed
Session.
ADJOURNMENT
M/S Teglia/Penna - To adjourn the
meeting.
Carried by unanimous voice vote.
Time of adjournment was 1:10 a.m.
RESPECTFULLY SUBMITTED,
Barbara A. Battaya,
_City of South San Francisco
APPROVED. ~
/~ity of South Sang'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.
8/14/91
Page 26