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HomeMy WebLinkAboutMinutes 1991-09-11 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: AGENDA REVIEW ORAL COMMUNICATIONS COMMUNITY FORUM MINUTES City Council Municipal Services Building Community Room September 11, 1991 ACTION TAKEN 7:40 p.m. Mayor Drago presiding. Council present: Council absent: Haffey, Nicolopulos, Penna, Teglia, and Drago. None. The Pledge was recited. Rev. Blake, Aldersgate United Methodist Church, gave the invocation. AGENDA REVIEW City Manager Armas stated that there were no changes to the Agenda. ORAL COMMUNICATIONS Mr. Pedro Gonzales, 804 Olive Ave., invited everyone to attend the festivi- ties at City Hall on 9/16/91 followed by a dinner at the Grovsner in celebration of Mexican Independence. He thanked Council and staff in advance for the fee waiver, as well as for the City services. Mr. F. J. De Larios, 355 Erica Dr., pointed out the accomplishments of Eagle Scout Craig Mano in planting and cleaning up the entrance of the City in Buri Buri. He proceeded to cite the historical background of Rancho Buri Buri, and the personal history of Jose Antonio Sanchez and his family in reference to their provisional grant for Rancho Buri Buri. COMMUNITY FORUM Mayor Drago introduced the new Assistant City Attorney Richard Chiozza. City Attorney O'Toole invited Council to attend a get acquainted session on Thursday from 4:00 - 6:00 p.m. for the new attorney. 9/11/91 Page I AGENDA ACTION TAKEN .... CONSENT CALENDAR 0 Motion to approve the Minutes of Special Meeting of 8/14/91, and Regular Meeting of 8/14/91. Motion to confirm expense claims of 9/11/91. 0 Motion to waive fees for the Italian-American Games to be held on 9/21-22 and 9/28-29/91. 0 o Motion to waive fees for the ~oll Mexican Independence Day celebra- tion scheduled for 9/15/91 at City Hall. Motion to accept the Shaw Road ~o Intertie Project as complete in accordance with the plans and spe- cifications. 0 Motion to reject all bids for the Orange Park Restroom Facilities, and readvertise for bids. Resolution approving plans, speci- fications, and calling bids for Water Quality Control Plant Reli- ability Improvements. 0 A RESOLUTION APPROVING PLANS, AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR THE IMPROVEMENTS TO THE WATER QUALITY CONTROL PLANT Motion to accept the sludge ~0)~ thickener construction project as > complete in accordance with the plans and specifications. Resolution authorizing an agreement between the City and Genentech, ~)a Inc. for the construction of off- ~ site improvements. A RESOLUTION AUTHORIZING AND DIRECTING CITY MANAGER TO EXECUTE AGREEMENT BETWEEN GENENTECH, INC. CONSENT CALENDAR Approved. Approved in the amount of $3,087,846.34. So ordered. So ordered. So ordered. Removed from the Consent Calendar for discussion by Councilwoman Teglia. RESOLUTION NO. 111-91 Approved. RESOLUTION NO. 112-91 9/11/91 Page 2 AGENDA ACTION TAKEN .... CONSENT CALENDAR 9. Resolution - Continued. 10. AND THE CITY FOR THE CONSTRUCTION OF OFF-SITE PUBLIC IMPROVEMENTS Resolution authorizing the City ~0~0 Manager to sign a quitclaim deed to a portion of a sanitary sewer easement traversing property owned by Macy's California, Inc. A RESOLUTION AUTHORIZING AND DIRECTING CITY MANAGER TO EXECUTE QUITCLAIM DEED BETWEEN MACY'S CALIFORNIA, INC. AND THE CITY FOR A PORTION OF A SANITARY SEWER EASEMENT 11. Resolution approving a represen- tative to the San Mateo County Community Development Committee. A RESOLUTION DESIGNATING A MEMBER OF THE PLANNING COMMISSION AS THE CITY'S REPRESENTATIVE TO THE SAN MATEO COUNTY COMMUNITY DEVELOPMENT COMMITTEE 12. Resolution for annual installment assessments, and to authorize the issuance of bonds for West Park 1 & 2, and West Park 3 Maintenance District improvements. A RESOLUTION PROVIDING FOR ANNUAL INSTALLMENT ASSESSMENTS AND AUTHOR- IZING ISSUANCE OF BONDS FOR THE WEST PARK 1, 2 AND 3 PARKS AND PARKWAYS ASSESSMENTS DISTRICTS 13. Resolution to authorize application for LSLA Grant to purchase special interest library materials for the Library. A RESOLUTION AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION FOR LIBRARY SERVICES AND CONSTRUCTION ACT FUNDS CONSENT CALENDAR RESOLUTION NO. 113-91 Removed from the Consent Calendar for discussion by Vice Mayor Nicolopulos. RESOLUTION NO. 114-91 RESOLUTION NO. 115-91 9/11/91 Page 3 AGENDA ACTION TAKEN e 11. Motion to reject all bids for the ~0~o Orange Park Restroom Facilities, and readvertise for bids. Resolution approving a represen- tative to the San Mateo County Community Development Committee. A RESOLUTION DESIGNATING A MEMBER OF THE PLANNING COMMISSION AS THE CITY'S REPRESENTATIVE TO THE SAN MATEO COUNTY COMMUNITY DEVELOPMENT COMMITTEE A RESOLUTION DESIGNATING A MEMBER OF THE CITY COUNCIL AS THE CITY'S REPRESENTATIVE TO THE SAN MATEO COUNTY COMMUNITY DEVELOPMENT COMMITTEE M/S Haffey/Teglia - To approve the Consent Calendar with the exception of Items No. 6 and 11. Carried by unanimous voice vote. Councilwoman Teglia explained that the Subcommittee had discovered that the facility was metal and would not fit in with the other improvements and wanted to go for the wood structure. Vice Mayor Nicolopulos questioned why it was taken off the agenda - which he felt was mundane and unnecessary. M/S Teglia/Haffey - To reject all bids for the Orange Park Restroom Facilities and readvertise for bids. Carried by unanimous voice vote. Vice Mayor Nicolopulos stated that through a conversation with the City Manager he had confirmed that the repre- sentative could be other than a Planning Commissioner. He stated that he wanted the resolution amended to read that a Councilmember would be the represen- tative. City Manager Armas stated that if the Council wanted to appoint a Councilmember that was fine, but not both a Councilmember and a Planning Commissioner. Councilmember Penna stated that he would serve as the representative, because he felt that a Councilmember would be a better representative in that it dealt with housing programs. M/S Teglia/Haffey - To adopt the Resolution appointing a Councilmember as the representative. He stated that he had made a call to see if he had a conflict in being the representative and a realtor, and the comment was that he did not have a conflict. 9/11/gl Page 4 A G E N D A A C T I 0 N T A K E N {~ ~i~~',!'l,.,~'~' "- 11. Resolution - Continued. ADMINISTRATIVE BUSINESS 14. Schumacher Dance Co. request for funding, and resolution approving budget amendment for $3,000.00~ A RESOLUTION APPROVING BUDGET AMENDMENT 92-6 TO THE 1991-1992 OPERATING BUDGET RESOLUTION NO. 116-91 Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Assistant City Manager Martel presented the staff report detailing the Schumacher Dance Co. request. Councilman Haffey found it interesting that this item was not under the Consent Calendar along with the next item, however, this item did not have a staff recommendation. He wondered if staff felt this was consistent with prior Council policy. Assistant City Manager Martel stated that conversations in past months with certain Councilmembers wherein Dolly Schumacher had been advised that it was Council's policy to provide funding for community organizations such as this. Councilman Haffey stated that the Schumacher Dance Co. was primarily a private business, and he wondered about consistency when he saw the clear staff recommendation on Item No. 16. City Manager Armas stated that the staff report reflected that the matter, Item No. 15, had been discussed with a Council Subcommittee, yet on this item that was not the case. Councilman Haffey stated he was inclined to support this, but did not want to make a precedence and open a door for people to come forward. He stated that the Council policy had been to give $25.00 per person for parochial purposes or money to non-profit organizations. Councilwoman Teglia related: there was a Subcommittee long before Desert Storm; there was a thought that the Russian trip might be cancelled; these people came forward putting this program together; that it was going to be an exchange with 9/11/91 Page 5 AGENDA ACTION TAKEN ~ADMINISTRATIVE BUSINESS 14. Schumacher - Continued. ADMINISTRATIVE BUSINESS a Russian school's dance troupe; the Mayor had asked she and Councilman Penna to work with this group to see how the City could help because they would be repre- senting this community in Russia; meetings were held; rooms were made available for fund raisers; Council had hosted the Soviets to lunch; there was an indication that they would need funds, and the recommendation from the Subcommittee was to fund one scholarship - the amount it would cost to send one of our students to the Soviet Union was $2,000.00, etc. Vice Mayor Nicolopulos felt that Council should sit down and look at a policy and not make a precedent. He suggested offering $25.00 per student pursuant to policy, and questioned how many were involved. Ms. Dolly Schumacher stated that there were 20 people involved with the Schumacher Co. in going to the Soviet Union, and that there were 15 dancers and staff from Russia staying here. She stated that the School was a business, but the Company was not - it was classified non-profit status through the Rotary Club of Millbrae and that was how they could seek funding. She felt that what they had done was unique in having these people here in a cultural exchange. She stated that there were 35 in total involved, but others were involved as hosting families. Councilman Haffey stated that he could support $25.00 per person, and being con- sistent with the policy - $850.00 in total. Councilwoman Teglia stated she wanted to go with the Subcommittee recommendation of $2,000.00 to fund one scholarship. Mayor Drago questioned what the Company's shortfall was. 9/11/91 Page 6 -'-ADMINISTRATIVE BUSINESS 14. Schumacher - Continued. Chamber of Commerce request for funds to produce an updated City,~ map, and resolution approving budget amendment for $7,430.60. A RESOLUTION APPROVING BUDGET AMENDMENT 92-6 TO THE 1991-1992 OPERATING BUDGET ADMINISTRATIVE BUSINESS Ms. Schumacher stated that it was $8,000.00, and a woman was trying to set up a fund raiser at Stanford. She stated that $2,100 was the cost per student to go to Russian. Councilman Haffey questioned if Millbrae had contributed yet, and how many S.S.F. residents were in the troup. Ms. Schumacher stated Millbrae had not yet contributed, and that there were 8-10 people from S.S.F. M/S Haffey/Nicolopulos - To adopt the Resolution approving $1,000, and Councilman Haffey would talk to other cities Councils to encourage their contributions. RESOLUTION NO. 117-91 Carried by unanimous voice vote. Assistant City Manager Martel stated that the recommendation was to adopt the reso- lution approving the production costs of a new City map by the Chamber of Commerce. Councilwoman Teglia felt this was a legi- timate type of service and did not want advertising included, and she also wanted the same slick quality paper used as the prior maps. Assistant City Manager Martel stated that the sample was recycled coded paper rather than the slick glossy paper which cost $200.00 more. Vice Mayor Nicolopulos stated that the Subcommittee had recommended that the same paper stock be used as before, and questioned why staff was substituting recycled paper. M/S Haffey/Teglia - To adopt the Resolution with the additional $200.00 to produce the slick glossy paper map. 9/11/91 Page 7 AGENDA ACTION TAKEN ~ADMINISTRATIVE BUSINESS .15. Chamber - Continued. 16. Resolution authorizing agreement with the Redevelopment Agency to create a joint powers authority to serve as a vehicle for issuing /~o~ bonds for conference center ~ construction. A RESOLUTION APPROVING JOINT EXERCISE OF POWERS AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO AND AUTHORIZING EXECUTION THEREOF ADMINISTRATIVE BUSINESS RESOLUTION NO. 118-91 Carried by majority roll call vote, Mayor Drago voted no. Councilman Penna suggested that his com- ments made in the Redevelopment meeting be added to the record of this meeting rather than spending time being redundant. (A copy of the Redevelopment Agency minutes for 9/11/91 are attached and a permanent part of the record of this meeting.) M/S Haffey/Teglia - To adopt the Resolution. RESOLUTION NO. 119-91 Vice Mayor Nicolopulos wanted to know what the total price of this project would be over a twenty year period. He stated that he felt it would cost $27,000,000 over a twenty year period in taxpayer encumberances. Discussion followed: that the income had to be compared with the outgo over the twenty years; Vice Mayor Nicolopulos felt that it was a fallacy of Council to give too much weight to assumptions; Mayor Drago felt there were two very important things - construction and financing costs~ Vice Mayor Nicolopulos felt the project should not have been taken on without a market feasibility study to determine the proper location, and a budget because the budget had begun at $3,000,000 to accommodate 1,500 and the City was lucky to get 700-800; he was concerned that the building was down to water level; City Manager stated that assumptions would have to be made to come up with the twenty year projection; Councilwoman Teglia wants other side of picture, the anticipated revenue and the regular T.O.T. over twenty years, as well as, any other spin off benefits. 9/11/91 Page 8 Chairman Jack Drago Boardmembers: Richard A. Haffey Gus Nicolopulos John R. Penna ~Roberta Cerri Teglia AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: AGENDA REVIEW CONSENT CALENDAR 1. Motion to approve the Minutes of the Regular Meeting of 8/14/91'. Motion to confirm expense claims of 9/11/91. 2. Motion to confirm expense claims of 9/11/91. MINUTES Redevelopment Agency Municipal Services Building Community Room September 11, 1991 ACTION TAKEN 7:25 p.m. Chairman Drago presiding. Boardmembers present: Boardmembers absent: AGENDA REVIEW Haffey, Nicolopulos, enna, and Drago. Teglia. Executive Director Armas stated that there were no changes to the Agenda. CONSENT CALENDAR Approved. Removed from the Consent Calendar for discussion by Boardmember Penna. M/S Haffey/Penna - To approve the Consent Calendar with the exception of Item 2. Carried by unanimous voice vote. Boardmember Penna questioned the claim of Kaysten Marsten & Assoc. for $14,300 for Price Club services. Executive Director Armas stated that in the past both Bodies had approved the retaining of this firm to evaluate pro- perty proposals and develop counter pro- posals in the vicinity of Airport Blvd. and Belle Air Road. He stated that the primary tenant was looking at other pro- perty, but had incurred this during the preparation. Boardmember Penna expressed concern that the City had not seen anything for the expenditure of $14,300.00. 9/11/91 Page i (Page 8A) AGENDA ACTION TAKEN Motion - Continued. ADMINISTRATIVE BUSINESS o Resolution authorizing agreement with the City to create a joint powers authority to serve as a vehicle for issuing bonds for con- ference center construction. A RESOLUTION APPROVING JOINT EXERCISE OF POWERS AGREEMENT WITH THE CITY OF SOUTH SAN FRANCISCO AND AUTHORIZING EXECUTION THEREOF Executive Director Armas stated that $25,000-30,000 had been authorized for the whole thing and the final stage had not been reached. He stated that the Agency should be careful of what was said in open session because of the financial ramifications, etc. Boardmember Haffey questioned when the Agency could expect to see a project or an end result from this firm. Executive Director Armas stated that it would probably be in January. Boardmember Penna stated that 1,430 hours was represented, but he had not seen any of the work. Boardmember Haffey questioned if this particular Boardmember would see anything on this because of a conflict, but the balance of the Board would. Executive Director Armas stated that he would embellish the work in writing for the Boardmembers. M/S Haffey/Nicolopulos - To confirm the expense claims of 9/11/91 in the amount of $16,068.50. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Finance Director Margolis stated that this was an agreement with the City to create a joint powers authority to serve as a vehicle for the conference center financing which had to rely solely on special T.O.T., and the bond holders would never have a call on the General Fund. She explained the recommendation from the financial advisor to form the JPA to issue bonds, and the City has an agreement and will pay the special T.O.T. as required to meet the debt ser- vices. She stated that staff would come back in future meetings with more details on the issuance of bonds. Boardmember Haffey pointed out that the 9/11/91 Page 2 (Page 8B) A G E N D A A C T I 0 N T A K E N ~i.i~' '~II~ ~ADMINISTRATIVE BUSINESS 3. Resolution - Continued. Boardmember Teglia Arrived: ADMINISTRATIVE BUSINESS City would need this vehicle for financing regardless of where the con- ference center is located or what it will look like. Director of Finance Margolis stated that this only sets up the Agency that has the authority to issue bonds. Boardmember Teglia arrived at the meeting at 7:18 p.m. Boardmember Haffey stated that this was a vote only for a conference center, wherever it is located, and he felt the last sentence in the staff report gave a lot of latitude in the future in reference to financing of other things, and proceeded to compliment staff. Boardmember Penna questioned what the collateral was for the bonds. Director of Finance Margolis responded that there was none per se, and it was the agreement that had the obligation to pay future tax proceeds and rely on main- taining that agreement between the City and the JPA for the use of the facility. She stated that the security was a piece of paper saying we will pay you out of the special tax for debt service as pri- mary payment -- like lease financing, and it does not create outstanding debt for future proceeds from use of buildings, and does not create outstanding debt for individual members of the JPA. Executive Director Armas stated that at such time as authorization was given, the owners of those bonds can look at only one thing to pay them for their invest- ment and that one thing is the hotel tax associated with the $2.50 T.O.T. - that is the only thing to which they can lay claim. Boardmember Penna questioned how this affected bonding by the Agency for any other project. 9/11/91 Page 3 (Page 8C) AGENDA ACTION TAKEN __ADMINISTRATIVE BUSINESS 3. Resolution - Continued. ADMINISTRATIVE BUSINESS Finance Director Margolis stated that it in no way created an obligation for outstanding debt for the Agency, and that under JPA laws the responsibility of cre- dit for the JPA does not have any affect on the individual members. Boardmember Penna commented that the JPA needed to repay the bond through the funds it receives through the T.O.T. and it receives from the hotels and the pro- ceeds from the conference center. Executive Director Armas stated no, it was just from the hotel tax - the supple- mental hotel tax - not the 8% T.O.T. Boardmember Penna surmised that the hotel tax would be somewhere over a million dollars on an annual basis. Director of Finance Margolis responded yes with the debt service being a smaller portion. Boardmember Penna commented that there would also be the expenses to run the facility, and questioned what would hap- pen if the City could not pay the expenses. Executive Director Armas stated that the creation of this entity had nothing to do with that question - the entity was simply a vehicle to allow the bonds to be sold. He stated that when the bonds are sold they will advise the prospective investors that there was only one claim, which was the supplemental hotel tax. Boardmember Penna commented that never the less the City had the operation of the entire facility which not only had to do with the repayment of the bonds, but had to do with the lease payments on the property, plus parking lots to be leased and the total liability. Executive Director Armas stated that the g/ll/91 Page 4 (Page 8D) AGENDA _ ~ADMINISTRATIVE BUSINESS 3. Resolution - Continued. ACTION TAKEN ADMINISTRATIVE BUSINESS JPA the Agency was dealing with tonight was not addressing those aspects. Boardmember Penna stated that he understood there were two issues here tonight, one was the JPA that would address the bonds, however, the money that was going into the JPA was money from the hotels - $2.50, and that money was also being used to operate the facility whether or not you have the JPA. Finance Director Margolis stated that the agreement would make the debt service payment a primary obligation of the tax payment, so the tax payment must go first for the debt service payment. Boardmember Penna stated that you are saying the bonds will be guaranteed, that the first amount off the top goes towards paying them off, but you are not pro- tecting the City in terms of any opera- tional costs if there is a shortfall, then the General Fund would still have to make up the shortfall. Director of Finance Margolis stated that a bond issue is a contract saying you will do it, and they were trying to pro- tect the General Fund. Boardmember Penna stated that you have a full operation which the JPA is trying to secure and was just one part of it, and you still have a full operation that operates the center - which means all the expenses for salaries and operations including lease payments for the land, payments for the building and the bonds. He stated that the only thing this agreement was saying is that there will De a joint powers agreement with guaranteed payment of the bonds before anything else gets paid. He again expressed concern over who would pay when there was a shortfall for the center and the T.O.T., which is the $2.50 tax, is not enough and the proceeds that come in from the operations is not enough to pay for all the costs. 9/11/91 Page 5 (Page SE) AGENDA ACTION TAKEN ~--ADMINISTRATIVE BUSINESS . 3. Resolution - Continued. ADMINISTRATIVE BUSINESS Executive Director Armas stated that the Council was presented a financial analysis in January which projected three things: the debt service, the lease for the various facilities, and operational expenses. He stated that balanced against that was the revenue that was coming in - both the income associated with the hotel tax together with income from the operating facility. He stated that the analysis if carried out pre- sented a positive situation, with income exceeding expenses. He stated that the condition was not being altered here, and the Council on a split vote had recognized that the analysis showed that it continued to be positive. He stated that the key question to come ultimately would be dealt with in October, and that was will we award the contract given the bid you receive, and thereby authorize the bonds which will influence what the final numbers will be because the bids will indicate whether they are attractive or not; and the condition of the market will indicate if the City was getting good rates or not. Boardmember Penna felt that the Executive Director was skirting the issue because the question was - how do you pick up and pay for all the costs in that box called conference center. He stated that the Executive Director was saying that pro- jected revenues were based on a skimpy type of market analysis that was never proven to be true. He stated that his main question was, what happens if we end up not having enough revenue coming in to pay for all costs that are in the box called conference center -- who picks it up. Executive Director Armas reiterated his earlier remarks on the financial analysis. Boardmember Penna remembered that the City had signed a contract saying it 9/11/91 Page 6 (Page 8F) A G E N D A A C T I 0 N T A K E N ~![~i ~']?!~'[~ __ADMINISTRATIVE BUSINESS 3. Resolution - Continued. GOOD AND WELFARE CLOSED SESSION Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotiations and litigation. ADMINISTRATIVE BUSINESS would be the underwriter, and if there wasn't enough money coming in to pay for the total cost of this conference center, then the City was the underwriter. Finance Director Margolis stated she could not see any instance wherein the City could not repay the bonds, and the City was obligating itself with the debt service. Vice Chairman Nicolopulos stated that he also felt that Boardmember Penna's question had not been addressed, and felt that this was all predicated on assump- tions. Boardmember Haffey stated that the action this evening was to adopt the resolution that created a JPA for the conference center, and all five Boardmembers had agreed that they wanted the center. M/S Haffey/Teglia - To adopt the Resolution. RESOLUTION NO 4-91 'i'/~i~' ~ i Carried by majority roll call vote, Boardmembers Penna and Nicolopulos voted no. GOOD AND WELFARE No one chose to speak. CLOSED SESSION The Agency chose not to hold a Closed Session. M/S Haffey/Teglia - To adjourn the meeting. Carried by unanimous voice vote. 9/11/91 Page 7 (Page 8G) AGENDA ACTION TAKEN ADJOURNMENT RESPECTFULLY SUBMITTED, Barbara A. Battaya, Clerk/// Redevelopment Agency City of South San Francisco Time of adjournment was 7:35 p.m. APPROVED. Jack Drago, Chairman Redevelopment Agency City of South San Francisco The entries of this Agency meeting show the action taken by the Redevelopment Agency 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. 9/11/91 Page 8 (Page 8H) AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 16. Resolution - Continued. 17. Motion to accept the report and O&~ authorize a letter to the City/ ~ County Assoc. of Governments regarding the Congestion Management Plan. LEGISLATIVE BUSINESS 18. Motion to waive reading and intro- duce an ordinance amending the PEAS contract. AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM PUBLIC HEARINGS 19. ~oS° Public Hearing - Abandonment of a portion of the intersection at Point San Bruno Blvd. and Grandview Drive; Conduct Public Hearing; Resolution ordering abandonment. A RESOLUTION ORDERING THE VACATION OF A PORTION OF THE INTERSECTION AT POINT SAN BRUNO BOULEVARD AND GRANDVIEW DRIVE ADMINISTRATIVE BUSINESS Carried by majority roll call vote, Councilmembers Nicolopulos and Penna voted no. Chief Planner presented his staff report. M/S Haffey/Penna - To accept the report and authorize a comment letter being sent. Carried by unanimous voice vote. LEGISLATIVE BUSINESS City Manager Armas stated that this ordi- nance formalizes the procedure for the contractual obligation with the Police Assn. to deal with survivors. Councilman Haffey stated that if the Council did not act on this it would be in violation of the MOU. M/S Haffey/Penna - To waive reading of the ordinance. Carried by unanimous voice vote. M/S Haffey/Teglia - To introduce the ordinance. Vice Mayor Nicolopulos questioned if this would affect him in his retirement. City Manager Armas stated that it would only affect future retirees. Carried by unanimous voice vote. PUBLIC HEARINGS Mayor Drago opened the Public Hearing. Director of Public Works Parini stated that this was straight forward and was being done at the request of Genentech. He stated that he and the City Attorney would make a small clarification to the resolution to make it clear that only the 9/11/91 Page 9 AGENDA ACTION TAKEN -PUBLIC HEARINGS 119. Public Hearing - Continued. 20. Public Hearing - Appeal of Planning Commission denial of 7/18/91 for a variance to allow a front yard less than the required 15 feet and a driveway apron less than the required 20 feet for a two-story addition to a single family home at 653 Ash Avenue; Conduct Public Hearing; Motion to deny the appeal and uphold the decision of the Planning Commission based on the findings. PUBLIC HEARINGS street right-of-way is being vacated, but everyone still reserves the right to have all their underground facilities within the area and continue to keep them there. Mayor Drago invited those wishing to speak for or against the item to step to the dais - no one did, and he closed the Public Hearing. M/S Penna/Haffey - To adopt the Resolution. RESOLUTION NO. 120-91 Carried by unanimous voice vote. Mayor Drago opened the Public Hearing. Chief Planner Solomon explained the background material that had led to the appeal of the denial of the variance, and spoke of a letter from adjacent neighbor John and Janice Bianca asking that the appeal not be upheld. Gary Royce, Esq., stated that he had been retained this morning at 9:00 a.m. to represent the Jennings. He stated that Mr. and Mrs. Jennings will occupy the premises and their children are already attending All Souls. He stated that Mrs. Jennings has multiple schlerosis and needed handicap access to the home which passed the Design Review Board, and therefore felt there would not be a problem with the Planning Commission because they were not asking for special priviliges. He spoke in depth of the findings of approval for the variance that he had developed that he felt staff should pur- sue and present to Council (a copy is attached and a permanent part of the record of this meeting). He spoke of other properties on the street having less than mandated setbacks and driveway aprons in the present Code, and his client was only asking to realign his 9/11/91 Page 10 FINDINGS OF APPROVAL V-91-315 A. Because of special circumstances applicable to the property, the strict application of the Zoning Ordinance would deprive the property of privileges enjoyed by other property in the vicinity, under identical zoning classification; B. The topography of the subject lot is such that the strict enforcement of the Zoning Ordinance would result in excessive excavation and alteration of the hill in a manner inconsistent with Land Use Policy #1, which states that "Development of hillside sites should follow existing contours to the greatest extent possible. Grading should be kept to a minimum". Granting the requested variance would preserve the steep slope in its natural state consistent with City land use policy; C. That such a variance would not constitute a special privilege granted to the recipient inconsistent with limitations upon other properties in the vicinity and zone in which property is located; D. The strict enforcement of the Zoning ordinance wou]~ ~ resulL in a s~aa~r~d h~,~l~tnu lin~ ~nconsistent with the ex~tin~ · design of th~ n~ghbo~he~d; E. The granting of the variances will allow for a structural design which gives consideration to the stability of the site as discussed in the soils reports submitted with the application; F. The granting of the variances will minimize the impact of the project on the district in which the property is situated; and G. The granting of the variance will not be injurious to the health or safety of individuals or property within the district in which the property is situated. 9/11/91 Pa§e lOa AGENDA PUBLIC HEARINGS 20. Public Hearing - Continued. ACTION TAKEN PUBLIC HEARINGS home with the other homes on the block, etc. He stated that from an esthetic viewpoint moving this property back as dictated by the setbacks was not appropriate in this area because if you walk down the street there are all different setbacks in evi- dence of 10 to 13'. He stated that the Planning Commission had presented a petition signed by several of the neighbors and the infor- mation he had been able to obtain led him to believe that the petition circulated by Mr. Bianca and the gentleman that sub- mitted the letter this evening against the appeal had misinformation. He stated that Mr. Bianca was motivated to elimi- nate the encroachment of his property and minimize the intrusion into his property, and was not considering the ramifications without the variance. He stated that he had a signed and notarized declaration of Karen F. Henderson that stated that she had signed the petition based on misinformation (a copy of the declaration is attached and a permanent part of the record of this meeting). He stated that a Mr. Sherman was also in attendance and had signed the petition based on inaccurate infor- mation, and had they known the facts - they would not have done so. He stated that every house along Ash in that area has a setback that is far less than what we propose, and he submitted that denies his client the use of his property. He proceeded to go through each of his seven suggested findings for Council consideration. He stated that the findings had been discussed with the neighborhood, and they agreed that the proposal was fair and equitable. Councilman Haffey commented that if this 9/11/91 Page 11 1 2 APPEAL OF VINCENT M. JENNINGSt 4 VARIANCE REQUEST NO. V-91-315 IN THE MATTER PENDING BEFORE THE HONORABLE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DECLARATION OF KAREN F. HENDERSON 5 6 I, KAREN F. HENDERSON, declare under penalty of perjury as 7 follows: 8 I have personal knowledge of all facts hereinafter stated and 9 if called as a witness in these proceedings could competently testify 10 thereto. 11 I am the owner of the improved real property located at 643 12 Ash Avenue, South San Francisco, California, this parcel being near 13 the property owned by VINCENT M. JENNINGS located at 653 Ash Avenue, 14 South San Francisco, California. 15 I previously executed a Petition which had been circulated by 26 27 28 16 JOHN and JANICE BIANCO which was in opposition to the variance 17 request. I was advised, and I am informed and believe and thereon 18 allege that the other signatories to this Petition were advised, that 19 Mr. Jennings was proposing to relocate the home which is situated on 20 his property closer to the street than other homes situated in the 21 area. I signed the Petition believing that it would not be 22 compatible with the neighborhood to have homes which are not an equal 23 distance from the street and did believe, and still do believe, that 24 it would be reasonable to have the homes along that area of Ash 25 Avenue to be in alignment. I support a solution in this matter which will allow for alignment of the homes along Ash Avenue. MODENA & ROYCE AT1ORN[¥S Al 421 GRAND AVE., SUll[ A SOUTH SAN FRANCISCO (415) 569-3953 1 9/11/91 Page 11a i Respectfully submitted this 2 South San Francisco, California. //~day of September, 1991 at 3 4 5 6 7 STATE OF CALIFORNIA ) ) 8 County of San Mateo ) SS. 9 10 On September // , 1991 before me, the undersigned, a 11 Notary Public in and for said State, personally appeared KAREN F. 12 HENDERSON personally known to me (or proved to me on the basis of 13 satisfactory evidence) to be the person whose name is subscribed to 14 the within instrument and acknowledged to me that she executed the 15 same. 16 WITNESS my hand and official seal. 17. ~.-...-..---------~x-~-----~- ~ ' ~ OFFICIAL SEAL 18 ~ /~~ SANDRA BARNES ~ {~_~;~??.J Notary Public-Ca!ilornia :, ~~'// SAN MATEO COUNTY 19 , ~ My Comm. Exp. Nov. 16, 1993 20 Notary Public in and for said County and State 21 22 23 24 25 26 27 28 MODENA · ROYCE ATIORNEYS AT LAW 421 GRAND AVE., SUITE A SOUIH SAN FR~.NCISCO (415) 589-3913 2 9/11/91 Page 11b AGENDA PUBLIC HEARINGS 20. Public Hearing - Continued. ACTION TAKEN PUBLIC HEARINGS was allowed, that it would be consistent with the adjoining properties, and knowing that why would we not allow it. Chief Planner Solomon referred back to Planning's basic findings wherein you could build a house of standard size with the slope did not deny that, and the fact that it is substandard did not deny that. Councilman Haffey stated that the property is unique, as well as, the others with similar front line setbacks because of the slope. Chief Planner Solomon stated that it was not unique because the properties in the neighborhood generally have a slope, and they were built before the requirements for the street widening that had taken place and took some of the yards. Councilman Haffey stated that if Council should allow this to occur it would be consistent with the neighborhood. City Manager Armas stated that if a modi- fication was allowed to a structure then any subsequent property owner would encounter the same difficulty. Councilman Haffey felt it was unlikely that homes were going to be torn down in that neighborhood. Mrs. Donelly, 659 Ash Avenue, stated that the original houses were flat ranch type houses, yet when they built her house they said they had to build two story houses and then built the street. Discussion followed: that Codes change every three years and while the homes were conforming when built, they are not now; if the Council was inclined to grant the variance they should so indicate and direct staff to come back at a future meeting for confirmation of appropriate 9/11/91 Page 12 AGENDA PUBLIC HEARINGS 20. Public Hearing - Continued. ACTION TAKEN PUBLIC HEARINGS findings; Gary Royce, Esq. would work with staff to effect a solution, etc. Mayor Drago closed the Public Haring. Councilwoman Teglia questioned if Council recognized there were not going to be major wholesale changes in that neigh- borhood, and that this was not something that should be denied. She questioned how the City could do this legally. Councilman Haffey stated that a variance required findings and seven had been pro- vided by Attorney Royce. He felt that D, "The strict enforcement of the Zoning Ordinance would result in a staggered building line inconsistent with the existing design of the neighborhood," made a great deal of sense and was a strong finding. City Attorney O'Toole stated that Councilman Haffey was correct, there were certain findings to be made formally, and staff was suggesting that Council make the findings tonight and approve the variance; and have staff bring back formal findings to reflect the evidence supplied to the Council. Councilwoman Teglia suggested that Attorney Royce's findings be submitted to staff and that some or all come back as formal findings after being modified for the Council to act upon. Councilman Haffey questioned if staff could see any future problems in reference to this site. Chief Planner Solomon responded that no building use had been identified in regard to this particular site, and the City could expect a similar variance from the lot next door. Councilman Haffey commented that someone 9/11/91 Page 13 AGENDA PUBLIC HEARINGS 20. Public Hearing - Continued. ITEMS FROM COUNCIL GOOD AND WELFARE ACTION TAKEN PUBLIC HEARINGS else could come up with the same request that would be consistent with the neighborhood. Gary Royce, Esq. stated that he agreed with Councilman Haffey that no one wanted a staggered building line in that neigh- borhood, and he could substantiate the fact tha the petition was circulated with inaccurate information. Discussion followed: that Mr. Jennings current address was San Francisco; that Mr. Jennings had looked at 60-70 houses before selecting the Ash house; that cutting into the slope would cost an additional $15,000; that the City Hall paper work and engineering work thus far had cost Mr. Jennings over $14,000 when he had been told it would cost $4,000-5,000; that was not considered relevant to the issue according to Councilman Haffey; Vice Mayor Nicolopulos was appalled at the process a person had to go through for a variance; Mayor Drago felt that Vice Mayor Nicolopulos was off the subject and ruled him out of order, etc. M/S Haffey/Teglia - To uphold the appeal and reverse the Planning Commission deci- sion to deny Variance 91-315 based on the findings drafted by the staff and based on Council's direction this evening. Carried by unanimous voice vote. ITEMS FROM COUNCIL Mayor Drago gave the City Clerk letters for the files - a complaint letter from Frederick Volking, dated 8/20/91, about Western Cable TV; a response from the President of Western Cable TV, and soon there would be a response from him. GOOD AND WELFARE No one chose to speak. 9/11/91 Page 14 AGENDA ACTION TAKEN "CLOSED SESSION 21. Closed session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. 22. Motion to adjourn the meeting to Wednesday, 9/18/91, City Council Chambers, City Hall, at 7:00 p.m. to consider: 1) E1Camino Corridor Alternative Bart Site Studies; 2) Terrabay Development Phasing; 3) Noise Insulation Program; 4) Planning Commission Work Program 1991-92~ 5) and a Closed Session persuant to Government Code. ADJOURNMENT CLOSED SESSION Council chose not to hold a Closed Session. M/S Haffey/Teglia - To adjdourn the meeting to Wednesday, 9/18/91, City Council Chambers, City Hall, at 7:00 p.m. to discuss th~ items stated on the Agenda. Carried by unanimous voice vote. Time of adjournment was 9:57 p.m. RESPECTFULLY SUBMITTED, City of South San Francisco APPROVED.~ _,//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. 9/11/91 Page 15