HomeMy WebLinkAboutMinutes 1992-04-08Mayor John R. Penna
Council:
Jack Drago
Joseph A. Fernekes
Gus Nicolopulos
loberta Cerri Teglia
MINUTES
City Council
001
Municipal Services Building
Community Room
April 8, 1992
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 8th day of April 1992, at 6:00 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.
City of South San Francisco
Dated: April 3, 1992
AGENDA
:ALL TO ORDER: (Cassette No. 1)
ROLL CALL:
Closed Session for the purpose
of the discussion of personnel
matters, labor relations,
property negotiations and
litigation.
RECALL TO ORDER:
ADJOURNMENT:
ACTION TAKEN
6:15 p.m. Mayor Penna presiding.
Council present:
Council Absent:
Drago, Fernekes,
and Penna.
Nicolopulos, and
Teglia.
City Clerk Battaya stated that Councilman
Nicolopulos was ill and unable to attend
the meeting.
Council adjourned to a Closed Session at
6:16 p.m., to discuss labor relations
pursuant to GC 54957.6 in reference to
1) AFSCME, Local 1569; and 2) City Clerk.
Mayor Penna recalled the meeting to order
at 7:23 p.m., all Council was present,
no action was taken, and direction was
given.
M/S Fernekes/Drago - To adjourn the
meeting.
Carried by unanimous voice vote.
Time of adjournment was 7:24 p.m.
4/8/92
Page I
ACTION TAKEN' 002
AGENDA
~ESPECTFULLY SUBMITTED,
Barbara A. Battaya, City~Clerk
City of South San Francisco
~PPROVED. ~'~
~~~ue~t' May°r
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.
4/8/92
Page 2
Mayor John R. Penna
Council:
Jack Drago
Joseph A. Fernekes
Gus Nicolopulos
oberta. Cerri Teglia
AGENDA
CALL TO ORDER: (Cassette No. 1)
ROLL CALL:
PLEDGE OF ALLEGIANCE
INVOCATION:
PRESENTATIONS
roclamation - National Library Week,
April 5-11, 1992
Proclamation - California Earthquake
Preparedness Month
April 1992
AGENDA REVIEW
ORAL COMMUNICATIONS
MINUTES
City Council
Municipal Services Building
Community Room
April 8, 1992
ACTION TAKEN
7:46 p.m. Mayor Penna presiding.
Council present:
Council absent:
Drago, Fernekes,
Teglia, and Penna.
Nicolopulos.
City Clerk Battaya stated that Councilman
Nicolopulos was ill and unable to attend
the meeting.
The Pledge was recited.
Rev. Barrie Blake, Aldersgate United
Methodist Church, gave the invocation.
PRESENTATIONS
Vice Mayor Teglia read the Proclamation
aloud and presented it to Library Board-
member Kee.
Councilman Drago read the Proclamation
aloud and presented it to Fire Chief
Start and Deputy Fire Marshal Parenti.
AGENDA REVIEW
City Manager Armas stated that there were
no changes to the Agenda.
ORAL COMMUNICATIONS
Mayor Penna stated that he was changing
the practice of how an individual iden-
tified himself before speaking at the
podium on any issue. He stated that
there was an incident at the last Council
meeting where an individual who spoke in
favor of Measure D was called and told
that a member of their family was being
held at gun point and demanded money. He
stated that in checking this out by the
police it turned out to be a hoax,
however, no one should have to suffer that
type of mental anguish because they get
4/8/92
Page I
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ACTION TAKEN
AGENDA
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ORAL COMMUNICATIONS
up and speak at the podium on any issue
they are particularly concerned about.
He stated that from now on, for pre-
cautionary measures, an individual would
fill out a speaker card for the Clerk's
minutes, hand it to the Clerk, and he
would call that person up by first name
only.
City Manager Armas chose to correct the
impression left by the Mayor: he had
learned of this situation Monday; had
talked to the police; the incident
described apparently happened in 4 or 5
cities on the Peninsula; there have been
some incidents of random selections of
individuals names and telephone numbers
calling and offering similar threats,
such that one of the police agencies in
the lower part of the County was able to
identify a potential suspect and was
doing something about it; so while he
understood the fear and apprehension
described, it appeared to have been a pat-
tern that was occurring in a number of
San Mateo County jurisdictions.
Mayor Penna'stated that because of this a
number of cities were taking pre-
cautionary procedures in identifying
speakers.
Mr. Lou Dell'Angela spoke of the impor-
tance of Council receiving all infor-
mation from staff and the public without
an individual being afraid of reprisals
by stating their opinions, and par-
ticularly so in reference to Measure D.
He read a letter into the record from the
Planning Commission dated 1/1/92 (the
letter is attached and a permanent part
of the record of this meeting).
He questioned: why the Manager felt so
strongly about issuing this directive;
why this communication from the Planning
Commission had been watered down; and
what the Council had done to reverse this
policy. He stated that the Planning
4/8/92
Page 2
January 1, 1992
0O5
Honorable Mayor Penna and Council Members:
At the October 3, Planning Commission study session a recent policy directive
by the City Manager was reviewed. It requires the Planning Director to take
the following actions; "when Staff strongly disagrees with the Commission's
position, Staff shall reserve the right to make its own recommendation to the
Council rather than supporting that of the Planning Commission" (refer to
item #IV of the planning report, dated October 3. STAFF
RECOMMENDATIONS TO COU~,1CIL.- A RELATED TOPIC).
After considerable discussion, the Planning Commission concluded
unanimously that this change in policy damages the integrity of the
Commission and undermines it's role as the citizen advisory body to the
Council on land use/policy issues.
The consensus of the commission is that recommendations made to Council
oa land use/policy decisions should be by the appointed citizens of our
community. 'We strongly urge the Council to support the Planning
Commission on this matter and deny this recent policy position.
Sincerely,
, / ,- / /, ' ~
e:z ,:/'{:.~ _. ~ - ,/ kX~'--
cc lesus Armas ~ ~
4/8/92
Pa~e 2a
AGENDA ACTION TAKEN 006
'-'3RAL COMMUNICATIONS
ORAL COMMUNICATIONS
Commission dealt with very important
issues and was non-political which was a
separation that should be protected, and
this policy could be tampering with the
impartiality that exists between staff
and the Planning Commission.
He expressed concern over staff recommen-
dations that did not agree with the
Manager's not being used in the staff
reports. He stated that the atmosphere
should be open in City Hall - where
department heads were not stifled or
penalized, and the Council should look at
the practices of disseminating infor-
mation from the Manager's Office.
He stated that while he was Planning
Director a staff report showed both the
Planning Commission and the department
head recommendation, so that Council knew
staff's position. He stated that this
policy indicated an additional control by
the Manager and told staff not to be
aggressive if they disagree.
He stated that the Planning Commission
dealt with important issues like the con-
ference center, and some people wanted it
to move swiftly, and he credited the
Commission with standing up and asking
questions.
He reiterated his questions and asked
that they be answered, and felt that
department heads should be able to speak
their minds to the Council without being
penalized or fired.
He stated that the changes recommended in
Measure D were going to help, but it is
not going to solve the entire problem. He
stated that at present City Hall favors
the big guy, the special interest, and
that hurts the little guy because the
practices should be fair.
Mayor Penna stated that oral com-
munications was a time for the public to
4/8/92
Page 3
AGENDA
--RAL COMMUNICATIONS
ACTION TAKEN'
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ORAL COMMUNICATIONS
speak to the Council, it is not a time to
debate staff members. He stated that Mr.
Dell'Angela's comments had been noted,
and staff will respond to those questions
to Council.
Councilman Drago stated that he had not
seen the directive from the City Manager
on the policy change, nor had he seen the
directive after receiving the letter from
the Planning Commission.
Vice Mayor Teglia remembered discussions
the Council had with the Manager and
thought the directive was born out of
those discussions.
Councilman Drago stated that he remem-
bered that after receiving the letter he
had brought it up in closed session with
concern about the way it was worded in
that the Planning Commission was not
being given their due. He stated that
what had happened since then, the City
Manager was to meet with the Planning
Commission to explain that perhaps it was
worded more strongly than it should have
been or it was their interpretation; and
he had not given the Planning Commission
letter to anyone if that was what was
being alluded to.
Vice Mayor Teglia stated that she remem-
bered that Councilman Drago felt strongly
that when staff presented recommendations
to the Commission and the Commission
chose to take action in opposition to the
staff recommendation, and would overrule
the staff and take a different position
that Councilman Drago felt it was impor-
tant for the Council to know that. She
continued, staff should not be in the
position of strictly dropping their
recommendations and taking on a new role
as advocates for the Commission, rather
to present independent opinions to
Council, as well as what had been pre-
sented to the Commission.
4/8/92
Page 4
AGENDA ACTION TAKEN 008
'--~AL COMMUNICATIONS
ORAL COMMUNICATIONS
Councilman Drago stated that he felt that
information should come forward to
Council on both the staff and Commission
recommendations, as well as what had been
presented to the Commission. He stated
that he had also requested that minutes
of the meeting be included in the Council
packet for review so he could review the
majority and minority side arguments,
and split votes, but did not see what
that had to do with this.
City Manager Armas stated that the word
directive was gaining greater signifi-
cance than anyone intended that word to
have. He stated that a couple of years
ago there were discussion at the staff
level and this had been subsequently
passed on to the Commission. He stated
that he expected any advisory body to be
in sink and in tune with everybody
because on occasions there will be strong
differences of opinion, and there should
be an opportunity for the staff to not
simply echo that to the Council, but pre-
sent staff's perspective along with the
Commission's. He stated that since then
there had been some changes in the
Planning Div., and it came to his atten-
tion that this kind of opportunity was
not known to the staff and staff made a
point of conveying that to the
Commission.
He stated that he did not issue a
directive, just an expression of allowing
the staff to present that information,
and should that arise the Council would
have the benefit of the Commission's
views and the basis of its determination,
and the benefit of staff's perspective
for Council to make decisions. He stated
that that was the intent, but felt it was
misinterpreted.
He stated that just last week he had
attended a Planning Commission meeting
and it was interesting to hear many of the
Commissioners apologize for this letter,
4/8/92
Page 5
AGENDA ACTION TAKEN 009
~")RAL COMMUNICATIONS
ORAL COMMUNICATIONS
and they had a healthy dialogue to handle
this like presenting alternatives to
coming back to the Commission when there
ix strong disagreement. He stated that
staff would look at those because they are
valid suggestions, and there was no
effort to railroad a point of view or
silence people the Council had appointed
to Commissions that were very capable
people.
He refutted the suggestion of clamps on
the information going to Council. He
stated that there were times that a
department head will recommend something
he would not recommend to the Council -
he felt that was expected in a city
manager form of government, because he
was held accountable and if information
was withheld his evaluation would reflect
that in what was presented to Council.
Vice Mayor Teglia refutted the charge
that City Hall was for the big guy, and
felt it one looked at tonight's agenda
and the agreement for soundproofing
homes, they would see it was for the
little guy and the big guy was not happy.
She stated that the letter did not come
to the Council with the regular Friday
packet, but came through the mail to our
homes and it was not when it was signed,
but was sent later for political pur-
poses. She stated that assumptions could
be made and said to be true, and if
someone could convince the public, it
benefits their position at the moment.
She stated that she did not believe that
the voters were stupid or children, and
had the ability to sift information and
make judgments.
Discussion followed: it was believed
that the Chairman of the Commission had
sent the letter; the letter said the
Commission acted on this in October, but
the letter was dated in January; that the
full Commission signed the letter; that a
4/8/92
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A 6 E N D A A C T '1' 0 N TA K E N 010
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COMMUNITY FORUM
ORAL COMMUNICATIONS
month ago the Council had asked for a
joint session with the Planning
Commission, and a letter had been
received saying the Commission did not
want to meet with the Council and the
reason was very vague, etc.
Mrs. Diane Smith read her communication
in reference to Vice Mayor Teglia's vic-
tory party into the record and asked that
it be incorporated into the minutes (a
copy is attached and a permanent part of
the record of this meeting).
She stated that she understood that for a
period of time the Radisson Inn used the
Conference Center property which is
leased by the City for storage of some
surplus hotel furnishings. She posed
the following questions for a response at
the next Council meeting: how long was
space occupied by the Radisson Inn; by
whose permission; for how much of that
time did S.S.F. charge rent; how much
rent was charged; when did the City
receive these revenues; the Radisson Inn
for a time utilized the parking area of
the Conference Center property and had
the same questions; was the same oppor-
tunity for storage made available to
other hotels participating in the Center
venture; was S.S.F. paid for the use of
the building for a public sale and auc-
tion.
Mayor Penna directed the Manager to
respond to the questions through a report
to Council.
Vice Mayor Teglia announced that the
outstanding bill to the Radisson, which
had been discussed innumerable times -
had been paid, for the benefit of those
people who kept track of those kinds of
dealings.
COMMUNITY FORUM
No one chose to speak.
4/8/92
Page 7
City Council Meeting - April 8, ].992 - 0ral Communications
I would like to bring to the attention of Council and citizens of South
San Francisco, some added information on the subject of Councilwoman
Teglia's Election Victory Party at the Radisson Hotel in November 1991.
I am not asking Councilwoman Teglia to comment, as she has already stated
to Mayor Penna that she has said all she intends to say when she stated
she had a party, it cost $250 and she owes the Radisson $250, or did
as late as February 26, 1992. She further advised us that the FPPC
does not say she has to pay a bill, they only say she has to report
she owes one!
011
I have here a Catering Brochure from the Radisson and have costed out
a gathering similar to what has been described to me. For the sake
of argument, I will start with !00 people from Ms. Teglia's gathering
and can revise downward if necessary, but I would hope that she had
that many well-wishers she wished to thank for supporting her.
"Well" drinks are $3.00 each, so if each person had 2 drinks, that comes
to $600.00, for starters. Then there is:
$!80.09 for four small fruit trays @ $45.00 each. (As this took place
in two of their three Peninsula Rooms, I will assume there was a good
size crowd. I am relying on the recollections of some who were present.
Although Radisson's published ordering formula stipulates that you must
order a minimum of 5 dozen of any plate of l dozen hors d'oeuvres, I
will assume that Ms. Teglia's friends at Radisson waived this requirement.
I will estimate that she had only 2 trays of l dozen each:
*$2].00 Zucchini @ $10.50 ea.
*$21.00 Mushrooms @ $10.50 ea.
*$21.00 Meatballs @ $10.50 ea.
*$23.90 Buffalo chicken wings @ $11.95 ea.
*$23.90 Teriyaki chicken wings @ $].1.95 ea.
*$43.00 Crab stuffed mushroom caps @ $21.50 ea.
*$34.50 Chicken fingers @ $$17.25 ea. $130.00 raw vegetable dip
$260.00 4 trays Guacamole & chips
*$30.00 Cold canapes @ $15.00 ea.
23~e total for the aforementioned is $1388.30. Gratuity @ 15% (which
Radisson says is mandatory on catering) is $208.24. State Tax @ 8.25%
is $114.51 for a GRAND TOTAL of $1711.05.
* starred items equal 19Z hors d'oeuvres-not quite ~0 per person!!!
If you feel that 100 is a high figure for attendance, it would be:
$1530.00 for 90 people
$1360.00 for 80
$1275.00 for 75
$1190.46 for 70 people.
In fact, the only way you can come away from the Radisson for $250.00
is to take 67 people and yourself, have one "well" drink (no "call"
brands!). 68 X $3.00 = $204.00 +$30.60 (15% gratuity) + $16.83 state
tax which totals $251.43. One drink and "TBE PARTY'S OVER"!
Incidentally, Radisson's terms, stated in their brochure, for a catered
party are 50Z PAID AT THE TIME OF RESERVATION and the other 50Z TO BE
PAID 48 BOURS IN ADVANCE OF TBE AC2N3AL PARTY. As of February 26, 1992
Ms. Teglia had not been asked to pay her bill from November 1991.
4/8/92
Page 7a
Page two - 0ral Communications April 8, 1992
I did not allow for charge for the rooms occupied by the event as no
prices are listed.
I bring this to your attention tonight to contrast the Radisson's published
prices for catering with Councilwoman Teglia's $250 Victory Party at
that hotel. I believe it challenges the credibility of that reported
cost.
I ask that the City Clerk incorporate the foregoing in the Minutes of
the Meeting. Thank you.
Diane Smith
4/8/92
Page 7b
AGENDA ACTION TAKEN 013
~ONSENT CALENDAR
Motion to approve Minutes of the
Adjourned Regular Meeting of
3/4/92; Special Meeting of 3/11/92;
Regular Meeting of 3/11/92;
Adjourned Regular Meeting of
3/18/92; and Regular Meeting of
3/25/92.
2. Motion to confirm expense claims~o/~
of 4/8/92.
e
Resolution approving plans and
specifications, and calling bids
for the Airport Boulevard Street
Light Improvements.
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE
WORK AND CALLING BIDS FOR THE
AIRPORT BOULEVARD STREET LIGHT
IMPROVEMENTS
Resolution of award of contract
to KWL Construction in the amount
of $34,000 as the lowest respon-
sible bidder for the Orange Park~_j~0
Restroom Facility.
A RESOLUTION OF AWARD OF CONTRACT
FOR THE ORANGE PARK RESTROOM
FACILITY
ADMINISTRATIVE BUSINESS
Be
Resolution approving budget recom-
mendation for the Metropolitan
Hotel in the Downtown Commercial~ju
Rehabilitation Program.
A RESOLUTION APPROVING RECOMMEN-
DATION-FOR THE DOWNTOWN COMMERCIAL
REHABILITATION PROGRAM
CONSENT CALENDAR
Approved.
Approved in the amount of $1,392,090.82.
RESOLUTION NO. 28-92
RESOLUTION NO. 29-92
M/S Fernekes/Teglia - To approve the
Consent Calendar.
Carried by unanimous voice vote.
ADMINISTRATIVE BUSINESS
Councilman Penna stepped down from the
podium after stating that there could be
a possible conflict of interest.
Director of Economic & Community
Development Costello stated that this was
a recommendation from the Downtown
Citizens Review Committee for funding the
facade improvements for the Metropolitan
4/8/92
Page 8
AGENDA ACTION TAKEN.. 014
'iDMINISTRATIVE BUSINESS
5. Resolution - Continued.
Mayor Penna Returned to the Podium:
e
Resolution authorizing an agreement
with A. J. Moore Assoc. to evaluate
cost estimates for various proposed
BART track alignments in S.S.F.,
and selects Scope of Work Option B,
and appropriates $27,500. ~O~
A RESOLUTION AUTHORIZING EXECUTION
OF AGREEMENT FOR ENGINEERING
CONSULTANT SERVICES FOR THE
PROPOSED BART-SFO EXTENSION
ADMINISTRATIVE BUSINESS
Hotel, which was a high priority for the
Committee. She stated that there had
been delays while the owners of the
building completed the necessary seismic
safety studies that were now completed,
and described the funding in detail.
M/S Fernekes/Drago - To adopt the
Resolution.
RESOLUTION NO. 30-92
Carried by majority voice vote,
Mayor Penna abstained by virtue of
leaving the podium during the discussion
and vote.
Mayor Penna returned to the podium.
Director of Economic & Community
Development Costello stated that the
scope of work being recommended had a
cost of $27,500 to check the numbers dev-
eloped on the BART Extension, and the
cost of other alternatives for the
City to discuss with representatives of
MTC and Samtrans to address the costs
and alternatives; revenue generating
ideas, etc.
Mr. Lou Dell'Angela expressed concern
over the City spending $50,000 for this
and the next item on the cost elements
for the alignment when the City was
facing a budget deficit. He stated that
there were a lot of people in City Hall
who could look at the EIR and do a lot
of this work. He felt that S.S.F. hires
more consultants than other cities per
capita, and he questioned why this was
true.
He stated that for $28,000 the consultant
is going to price out the subway system
and find out if its going to cost $29 or
$49 million. He stated that in the City
of Colma there is a report that says
there is 1.+ miles of route alignment
that goes to the cemetery, and according
to the report the subway through Colma is
4/8/92
Page 9
AGENDA ACTION TAKEN 015
.... iDMINISTRATIVE BUSINESS
~6. Resolution - Continued.
ADMINISTRATIVE BUSINESS
going to cost $3,000,000 over and above
what a cut slope would provide. He
continued, when we come to S.S.F. between
Chestnut and Mission Road we have 1.25
miles of roadway, and if it costs three
million to subway one mile in Colma why
does it cost $39 million to subway 1.25
miles in S.S.F. He felt the City should
go to Colma and find out the cost per
mile that the consultant has already pro-
jected, and translate it back into
S.S.F.'s land because the subway costs
are comparable.
He stated that the proposal was to build
BART to the Airport from Colma, there was
going to be enough money, and was an
economically sound project. He con-
tinued, now we are being beat back and
forth on the numbers game when the basic
considerations on what alignment was
selected were cost, environmental
effects, and community issues. He stated
that he felt the money was better spent
on the EIR, and consideration of impor-
tant noise vibrations and sound through
an environmental response document that
addresses all issues. He stated that
if the Council did not have the staff on
hand to do a decent job they should get a
traffic consultant to see if the traffic
conclusions are correct, as well as a
noise engineer to see the impacts on E1
Camino and Mission Road. He felt that if
anyone should pay for these two con-
sultants it should be the property
owners.
He stated that on the land use revenue,
projects could not be developed because
the City did not know what the environ-
mental uses were going to be, and they
could not be prejudged to be compatible
with the neighborhood. He stated that he
did not feel that the City should put out
any money that the adjoining cities of
San Bruno and Colma were not prepared to
do, and should not supplement money that
was supposed to be allocated from Measure
K that was approved in 1987.
4/8/92
Page 10
AGENDA ACTION TAKEN. 016
-'~DMINISTRATIVE BUSINESS
.6. Resolution - Continued.
ADMINISTRATIVE BUSINESS
He stated that it was important for the
City to get moving on a response to the
EIR documents so they are ready by May.
He noted that it included a cut slope,
and if that did not compromise the City
it should be looked at so we don't end
up with a station at Chestnut that is
a nightmare.
He stated that even though he had seen a
copy of the report those individuals
affected by the BART route had not, and
felt they should be provided a summary
document and notice of meetings.
He stated that the money for these two
consultants could be spent in better
ways.
Director of Economic & Community Develop-
ment Costello agreed that the EIR was the
key focus at staff level and they were
looking at that, and preparing a response
for the next meeting, and having it fina-
lized by May.
She stated that the reason staff brought
this choice to Council for A. J. Moore
was that when the Colma cemeteries were
looking at $14-17 million to go through
the cemeteries, and it was through the
work of these consultants that the cost
was reduced to $3,000,000. She stated
that staff had the report from Colma and
it was site specific; and knew that Colma's
cost would be lesser that S.S.F., and
realized the tight time frame.
City Manager Armas related: that it
was a three thronged approach - the
EIR and staff comments; ability to
influence the costs offered and revenue
could be introduced; dealing with the
revenue so S.S.F.'s preferred alternative
was the one that the Policy Committee can
endorse; two scenarios were being eva-
luated in the EIR - a trench through the
length of the City, including a subway in
the EIR; the new alternative to make at
4/8/92
Page 11
AGENDA ACTION TAKEN
DMINISTRATIVE BUSINESS
6. Resolution - Continued.
ADMINISTRATIVE BUSINESS
grade the roadway between the City bor-
derline of Colma all the way to Chestnut
that had devastating effects; and how to
deal with those three areas.
Councilman Drago stated that this was the
last level the City could fight, and this
had come up because Colma had hired these
consultants and their cost estimates
were 1/5 of BART's - which could be true
for us. He stated that San Bruno was
barraging Congressman Lantos to stop the
funding for BART, and we are meeting with
Congressman Lantos to increase the fun-
ding. He stated that the Subcommittee
would be meeting with individual Policy
Boardmembers on the revenue proposal, and
would meet with Senator Kopp,
Assemblywoman Speier, Congressman Lantos,
San Bruno, and Colma to try to get up
federal funding from the 75% to 80%.
He stated that he did not believe you
could stop BART, and he did not believe
he would like to stop BART, but by the
time we see it this County's traffic
problems would be a nightmare. He stated
that they were working to develop some
realistic numbers and would not be using
BART's numbers, and would be going in
with A. J. Moore's numbers which would be
better received than our staff's numbers.
He stated that this was very important
because once it went past the Policy
Board and on to MTC and the other agen-
cies there was no longer a one on one
basis to show them this could work, and
he was in support of this expenditures
but not necessarily on the next one.
He stated that a call had been received
from Treasurer Island Trailer Court about
their concern over displacement of 30-50
mobile homes, and they had a problem with
whether it was going to be the old Market
site or the SP site. He felt that this
concern should be brought into the report
as another part of the arsenal of impacts
to this City.
4/8/92
Page 12
AGENDA
..... ~DMINISTRATIVE BUSINESS
6. Resolution - Continued.
ACTION TAKEN
018
ADMINISTRATIVE BUSINESS
Mayor Penna stated that part of the
trailer court is on the 40 route and
the City needed to know that even if they
only use the SP property, whether they
will use the 40 route for storage,
egress, ingress or whatever.
Director of Economic & Community Develop-
ment Costello related correct future BART
meeting dates: Tues. 4/28/92 3:00 p.m.
was an agency hearing for agencies; Wed.
4/29/92 7:00 p.m. at Taylor School in
Millbrae; Thurs. 4/30/92 7:00 S.S.F.
Municipal Services Building.
Councilman Fernekes questioned if there
would be notification of the meetings to
the public.
Director of Economic & Community Develop-
ment Costello stated that she thought
that was a good idea, and had asked BART
staff to notify the San Mateo Times of
the correct meeting dates since there had
been contrary dates in the various docu-
ments.
Vice Mayor Teglia stated that she heart-
ily endorsed Councilman Drago's com-
ments, but felt it was not in the
Council's hands to make this decision;
and we have to use whatever we have got
to influence those decisions made not by
this City. She felt that to not spend
this money would be penny wise and dollar
foolish for a very long time for this
community. She stated that she supported
Item #7 also because the fact was that
this City had told BART that they were
willing to talk to them about sharing
some of the revenue in potential economic
development that will take place, and
this had perked their interest.
M/S Fernekes/Drago - To adopt the
Resolution.
RESOLUTION NO. 31-92
Carried by unanimous voice vote.
4/8/92
Page 13
AGENDA ACTION TAKEN
...... DMINISTRATIVE BUSINESS
e
Resolution authorizing an agreement
with KRM Inc. for economic analysis
of the proposed BART-SFO Extension
in S.S.F., and to appropriate
$22,000 for this purpose. 50~
A RESOLUTION AUTHORIZING EXECUTION
OF AGREEMENT FOR ECONOMIC CONSUL-
TANT SERVICES FOR THE PROPOSED
BART-SFO EXTENSION
ADMINISTRATIVE BUSINESS
Director of Economic & Community Develop-
ment Costello stated that this subject
was raised at a study session, and this
was being brought back as a possible
proposal. She stated that the City had
agreed at a policy meeting to work with
the Subcommittee and our Transportation
Subcommittee to look at some ways of
generating revenue to offset some of the
costs, and this contract was to give us
some information so if there were
agreements, we would understand what the
cost implications were going to be. She
proceeded to describe the work to be done
for information to generate revenue and
cost implications.
Mr. Dell'Angela reiterated his earlier
remarks on their being a better use for
this money, and suggested creating a
technical advisory pool where the staff
and City Manager can draw on that pool
to get advice on traffic and noise for
specific situations without a full blown
economic study.
Vice Mayor Teglia stated that she didn't
have a problem with getting the infor-
mation Mr. Dell'Angela sought from a
pool, however, she understood that this
was to show the BART Policy Board that
there was a tremendous potential in that
corridor. She stated that with that, if
we can get BART to put it underground in
that area, it would continue their
interest in sharing revenue.
Mr. Dell'Angela pointed out that the City
did not have expertise to deal with cer-
tain aspects of the environmental report
in reference to noise vibration and traf-
fic. He stated that the report said the
traffic was going to be manageable, which
he did not believe was true, etc.
Vice Mayor Teglia stated that BART was
discounting the environmental effects as
much as it could legally, and were fran-
tic about the costs and whether there was
4/8/92
Page 14
A G E N DA A CT I O N TAK E N 0~0
DMINISTRATIVE BUSINESS
7. Resolution - Continued.
RECESS:
RECALL TO ORDER:
ADMINISTRATIVE BUSINESS
e
Resolution approving an addendum
to the Airport Noise Agreement with
San Francisco International _4~
Airport.
A RESOLUTION APPROVING FIRST AMEND-
MENT TO AGREEMENT FOR AIRCRAFT
NOISE MITIGATION
ADMINISTRATIVE BUSINESS
funding. She continued, which they did
not think they had, and were pairing back
in every imaginable way they could. She
stated that the City was trying to tell
them we want to work with them and show
them a way where if they don't impact
S.S.F. so severely we can generate some
revenue that could have some long term
potential, etc.
Discussion followed: that procedural
rights would continue to be preserved;
that time was of the essence; proposed
meeting schedule; that the Policy
Committee is going to decide its pre-
ferred alternative on May 11th, and
comments were due May 4th; how the con-
sultants were going to come up with all
the information needed for the City to
base its argument on the preferred
alignment in six days; how the $22,000
consultant fee was divided up; staff's
involvement in developing information;
whether we can get Supervisor Nolan's
attention, etc.
M/S Teglia/Fernekes - To adopt the
Resolution.
RESOLUTION NO. 32-92
Carried by unanimous voice vote.
Mayor Penna called a recess at 9:25 p.m.
Mayor Penna called the meeting to order
at 9:35 p.m., all Council was present.
ADMINISTRATIVE BUSINESS
City Attorney O'Toole stated that this
was an amendment to the agreement origi-
nally signed in August 1991, and was a
product of the meeting between the
Airport and City staff and Subcommittee
Members Penna and Teglia. He stated
that the amendment allows an additional
15 months to accomplish all of the
planning and environmental work required
4/8/92
Page 15
AGENDA ACTION TAKEN 021
)MINISTRATIVE BUSINESS
Resolution - Continued.
ADMINISTRATIVE BUSINESS
in the underlying document, and also pro-
vides a $500,000.00 reimbursement for the
work. He stated that there were three
prerequisites for the recovery of funds:
1) to apply for federal grants to recoup
the costs; 2) City submit appropriate
requests to the Airport for reimbur-
sement; 3) and no noise sensitive land
uses be permitted during the review and
study period.
Mr. Doug Thomas stated that he was from
the Kohl Company which was one of the
properties that would be adversely
affected by this. He stated that he was
opposed to the agreement last summer,
was opposed to this amendment, and did
not believe that this amendment is good
for the future of the City. He stated
that, as an example, his property was in
the Downtown Redevelopment District and
tonight there had been talk of approving
tax increment funds for a downtown hotel
and his firm contributed to such funds.
He stated that his firm pays $140,000
per year in property taxes that goes into
the program to remodel that hotel and
other improvements in the downtown. He
stated that if the agreement goes into
effect it will take away all the economic
use of his property, and hamper the
City's ability for additional tax incre-
ments to make other improvements through-
out the town that benefit the entire
community. He felt that the Council
should consider all impacts before
adopting the agreement.
John Briscoe, Esq. stated that he repre-
sented the Kohl Company and spoke of the
opportunities perceived through their
development that the agreement with the
Airport and tonight's amendment and
urgency ordinance would make increasingly
difficult to do. He stated that he
believed there were legal problems with
the agreement which he had enumerated in
a letter to Council today. He stated
that one of those was that there was a
4/8/92
Page 16
AGENDA
~ADMINISTRATIVE BUSINESS
ACTION TAKEN
022
ADMINISTRATIVE BUSINESS
serious consideration on whether the City
had to comply with the Calif.
Environmental Quality Act before going
into such actions with S.F. International
Airport, and whether the City was
contracting away its police power descre-
tion.
He stated that they had received a copy
of the amendment on Friday afternoon, and
pointed out to the City Manager that
there was one other change in the effec-
tive date, wherein it was only in effect
when and if you adopt the urgency ordi-
nance. He stated that the S.F. version
appears to take effect immediately, and
raises the question of whether the
agreement takes effect tonight upon adop-
tion of the urgency ordinance or makes it
fully effective after the 24 months which
is staff's recommendation.
He urged the Council not to enter into
the agreement and they would work with
the City cooperatively, and he hoped that
the property owner did not find himself
without a recourse but to go to court.
He stated that the agreement contemplates
15 years of no residential development
east of the freeway, and again urged the
Council not to adopt the amendment.
Vice Mayor Teglia stated that this was not
a request from the Airport but the City,
because the Council is aware that a
number of citizens are interested in this
going forward and there are a number of
entities in the area east of the freeway
that do not want this to go forward. She
continued, so the City was taking suffi-
cient time to do the work before a confron-
tation took place. She stated that the
City was not adopting a 15 year mora-
torium, and there was an opportunity for
property owners to come forward and lay
out their best cases without this getting
in the way because we would then have the
answers. She stated that the $500,000
4/8/92
Page 17
AGENDA ACTION TAKEN 023
ADMINISTRATIVE BUSINESS
8. Resolution - Continued.
ADMINISTRATIVE BUSINESS
was a cap for the purpose of this
agreement, and the City not having to pay
for the work. She stated that there was
a suggestion to contact the FAA because
there was money available from time to
time to do this, but at this time she did
not know. She stated that Mr. Turpin
asked her to contact the FAA, and the
result was that the FAA was researching
the matter to see if the work was
justified.
Councilman Drago stated that he had tried
to get the minutes of the Airport meeting
and realized it had been done in execu-
tive session, and was bothered that it
was eight months since the agreement had
been signed when he thought we would be
off and running with the money; and now
the Airport was off the hook for over two
years.
City Attorney O'Toole stated that what
was being said was that after we did the
original study which staff had antici-
pated was a negative declaration and was
sure that whatever we did stood up in
Court and was beneficial to the City,
and that was why the additional time.
Discussion followed: that 3 alternatives
were presented to Council; what the 12-18
months preparation entailed, and allows
the work to be performed for $500,000
with reimbursement, and does not
lock the City in to any course of action;
what had been done for the last seven
months on the work; staff had approached
the problem in two parts - the impacts to
the housing element, and retained a
housing consultant to look at the land
use components on the east side, and made
a determination to present the alter-
natives to the Council; an analysis had
been done and determined it was not
sufficient, and another step should be
taken in land use analysis before going
ahead; that the Kohl Company could take
an adversarial position; the Airport
4/8/92
Page 18
AGENDA ACTION TAKEN 024
~DMINISTRATIVE BUSINESS
8. Resolution - Continued.
ADMINISTRATIVE BUSINESS
would still be on the hook for the
matching 20% of FAA funds; what triggers
the amendment to release the flow of
money is that point where the Council
adopts the General Plan, which will
satisfy one of the prerequisits to
release the $500,000; conditions in the
amendment; the agreement provides addi-
tional funds if the City receives grant
money above the allotted funds and the
Director of the Airport has that discre-
tion to go above the $1,000,000; that
this had nothing to do with the current
insulation program, etc.
Mayor Penna stated that every member of
Council has been sensitive to the plight
of people east and some west of E1Camino
who undergo the noise pollution problems
from jets flying over their homes, and
the Council has tried to put together
programs to allevite those problems from.
an Airport that he felt was not really
that cooperative. He stated that the
Airport was really a quasi operation even
though it is a government, has a tremen-
dous bank account, and wields a lot of
power.
He stated that he had a problem with the
first agreement, and had a problem with
this amendment. He stated that it was
the Airport vs. the local cities on noise
pollution they create, and had to do with
the Airport wanting to control land uses
in this and other cities to their own
betterment.
He stated that there was a critical time
period that the City was now involved with
or rather the Airport was because they
are going through a major expansion which
will increase flights and their impacts
on S.S.F. and other cities in the
surrounding area. He stated that by
accepting funds to place a moratorium
east of the freeway was cowtowing to the
Airport when the residents did not need
the Airport to insulate their homes and
4/8/92
Page 19
AGENDA ACTION TAKEN
-- 025
/'ADMINISTRATIVE BUSINESS
8. Resolution - Continued.
ADMINISTRATIVE BUSINESS
could pay the 20% themselves along with
the 80% from the FAA. He stated that
with the residents paying the $2,000,
they would not have to give the Airport
an easement, and could sue over noise
impacts.
He stated that he felt that the Airport
had been very cheap in offering money for
the insulation program in comparison to
funds provided cities by other Airports.
He stated that he had attended the
Airport meeting with the Vice Mayor and
staff and had walked away unimpressed.
He stated that they were willing to give
the $500,000 that they would take away
from the $10,000,000, and now the City
must place a moratorium on the property
east of the freeway for 17 years and the
people would be waiting another two years
to get that money. He referred to the
agreement in depth on its conditions, and
stated that if the City did not certify
and adopt the EIR report they don't have
to give us the money.
City Attorney O'Toole stated that that was
correct, but by certification it meant
that you certify a document, but does not
require the City to make a decision one
way or the other on the land use
modifications.
Discussion followed: that the action was
not to modify the General Plan, but was
consideration of an amendment to an
agreement to do the required environmen-
tal and planning work necessary to con-
sider amendments to the General Plan; the
housing element was currently being up-
dated; State law was constantly changing
on general plans and housing elements;
cities were required to review their
general plans every five years to see to
its adequacy; City would receive, hope-
fully in a couple of months, cer-
tification from the State with our
compliance with the State's General Plan,
4/8/92
Page 20
AGENDA
ADMINISTRATIVE BUSINESS
8. Resolution - Continued.
ACTION TAKEN
026
ADMINISTRATIVE BUSINESS
and it was thought that would remain
through the five year cycle; City has
never had a certified housing element;
that the City was looking at the east
side for land use issues only which are
noise sensitive, while the housing ele-
ment was looking at the whole City; the
$500,000 reimbursement was for actual
costs expended; if the costs were only
$100,000 then the remainder stayed with
the $10,000,000 fund; agreement was for a
period of 15 months; under State law a
moratorium could be for as long as two
years; not putting in noise sensitive
projects was connected solely to the
reimbursement; the studies would be ren-
dered useless if noise sensitive uses
were allowed in the area; Mayor Penna
felt that commercial uses in that area
were mute for the next five years, and
residential uses if allowed would provide
needed revenue to the City in property
taxes and adopting this would handcuff
the City; if the Council chose to fund
this from some other source there would
never be a need for a reimbursement; that
the Airport funds were in escrow, but the
City did not have written verification;
the financial and legal ramifications if
the City allowed noise sensitive land
uses in that area, etc.
Mayor Penna stated that he would like to
see the item continued until Councilman
Nicolopulos returned which would give him
more time to go over the document in the
30 day period.
Vice Mayor Teglia stated that Mayor Penna
had sat in on the negotiations committee
and had not voiced concerns, because if
he had this would never have come forward
to the Council. She stated that this
would give the City information on miti-
gation measures on the Airport, and if
the City or cities went to Court against
the Airport it could stop any future funds
for insulation because there had already
been suits for residential components
4/8/92
Page 21
AGENDA ACTION TAKEN'
--~DMINISTRATIVE BUSINESS
8. Resolution - Continued.
ADMINISTRATIVE BUSINESS
under the flight path where housing had
never existed before.
She stated that the City had gone to the
Airport for these funds for environmen-
tal documents, and even without that it
was a given that this would increase the
residential components in that area. She
stated that it was possible to work with
the other cities for additional mitiga-
tion measures and increased Airport
funding.
Mayor Penna stated that it was to the
Airport's benefit to give the 20% because
of the easements they received from the
property owner to guarantee they would
not sue.
City Manager Armas suggested that if the
item was to be continued that it only be
to the next meeting.
Discussion followed: that the ordinance
would not be adopted this evening because
there were not 4 votes for passage, and
staff should be directed to go through
the regular review process before the
Planning Commission; that this would set
back the environmental process for 30
days; that this would provide the funds
for the environmental work to be done;
that the agreement had been done by the
Airport's land use attorneys and the City
Attorney; Council could vote on the
agreement tonight, but if the interim
ordinance never goes into effect, then
this agreement is not in effect; if the
City waits too long the Airport is not
bound by the agreement; the normal
planning review for an ordinance would
take 90 days, and would take a simple
majority vote of Council; that only 500
homes had been insulated when there were
some 8,000 that needed to be done.
M/S Teglia/Fernekes - To adopt the
Resolution.
4/8/92
Page 22
AGENDA ACTION TAKEN 028
ADMINISTRATIVE BUSINESS
8. Resolution - Continued.
Motion to authorize a letter to
C/CAG objecting to the expansion
of the CMP Roadway Network to
include the intersections of E1
Camino Real/Westborough-Chestnut
and E1Camino Real/Hickey, and the
roadway segment of Westborough-
Sharp Park from E1Camino Real
Hwy. 1.
to
ADMINISTRATIVE BUSINESS
RESOLUTION NO. 33-92
Carried by majority voice vote, Mayor
Penna voted no.
Chief Planner Solomon stated that the
letter objected to the expansion of the
CMP Roadway Network to include the inter-
sections of E1Camino Real/Westborugh-
Chestnut and E1Camino Real/Hickey, and
the roadway segment of Westborough-Sharp
Park from E1Camino Real to Hwy 1.
City Manager Armas stated that C/CAG will
consider this, however, it had not been
reviewed by the Council Subcommittee.
Chief Planner Solomon stated that Hickey
and E1Camino Real did not meet the traf-
fic criteria approved last year, and the
funding is based on adequacy of the
Congestion Management Plan and there are
not additional funds.
City Manager Armas stated that
Proposition 111 funds, approved by the
voters, had that to the extent if you have
deficiencies in this network and you
don't address them, you could potentially
have at risk supplemental gas tax
dollars. He stated that the
Administrative Committee is going to
recommend to C/CAG that the Sharp Park
Road Extension not be included because it
doesn't meet the underlying criteria that
C/CAG Board of Directors approved last
year. He stated that where the City was
susceptible to its getting adopted
because of the level being severe of ser-
vice was the intersection of Westborough/
Chestnut and E1Camino Real.
M/S Drago/Teglia - To authorize a letter
to C/CAG objecting to the expansion of
the CMP Roadway Network, etc.
Carried by unanimous voice vote.
4/8/92
Page 23
A G E N D A ACTION T~A K E N 029
~UBLIC HEARINGS
.0.
Public Hearing - 1992-93 Community
Development Block Grant Program;
Conduct Public Hearing; approve
funding guidelines for public S~%~
service activities.
PUBLIC H~ARINGS
Mayor Penna opened the Public Hearing.
Director of Economic & Community Develop-
ment Costello stated that this was the
first of two public hearings on CDBG
entitlement of $538,000 for 1992-93 which
was an increase of $21,000 from the prior
year. She stated that there was a total
of $7,535 available from the prior
year's program income which made a total
of $545,535 available for the 1992-93
program year.
She stated that the public hearings were
to allow organizations seeking CDBG funds
to make a presentation on their proposed
projects, and for the Council to approve
the funding guidelines.
The following organizations presented
their requests for funding: Friends to
Parents; Shelter Network; Center for
Independence of the Disabled; Second
Harvest Food Bank; Project Reach; Legal
Aid; Family Service Agency; Project
Sentinel; La Raza Centro Legal; Project
Read; Human Investment Project; and
Neighborhood Services Center
Mayor Penna closed the Public Hearing.
Discussion followed: staff should
investigate which of the public service
agencies were eligible for redevelopment
set-aside funds; agendize for next
meeting of Redevelopment Agency; Council
Subcommittee should talk to School
District about their 75% rent increase to
public service agencies; new programs;
qualifying as rehabs; looking at set-
aside funds for Shelter Network, Shared
Housing, and possibly Sentinel; duplica-
tion of services; County mandated
programs; etc.
M/S Fernekes/Drago - To approve the
funding guidelines.
Carried by majority voice vote, Vice
Mayor Teglia voted no.
4/8/92
Page 24
AGENDA ACTION TAKEN 030
--UBLIC HEARINGS
_1.
Public Hearing - Consideration of
possible interim ordinance prohi-
biting noise sensitive land use in
the land use to the east of U.S
101; 1) Conduct Public Hearing;
approve interim zoning ordinance as
an urgency measure.
AN INTERIM URGENCY ORDINANCE OF THE
CITY OF SOUTH SAN FRANCISCO ESTA-
BLISHING A ZONING AND BUILDING
MORATORIUM; PROHIBITING NOISE
SENSITIVE LAND USES IN THE AREAS TO
THE EAST OF US HIGHWAY 101 WHICH
MAY BE IN CONFLICT WITH THE
PREPARATION OF A CONTEMPLATED AREA
PLAN AND IS TO BE EFFECTIVE
IMMEDIATELY PURSUANT TO CALIFORNIA
GOVERNMENT CODE
PUBLIC HEARINGS
City Clerk Battaya read the title of the
urgency ordinance in its entirety.
Vice Mayor Teglia asked that during con-
sideration of the previous item there had
been an indication that there were not
four votes for this item, and perhaps it
could be cut short to allow the speakers
to go home due to the hour.
Mayor Penna stated that he would vote
against this item, and opened the Public
Hearing. He stated that there were let-
ters from the Bay Area Council, San Mateo
County Legal Aid Society, and Washburn,
Briscoe & McCarthy, Attys. opposing the
ordinance.
Councilman Drago pointed out that there
was a another alternative that he liked,
to take no action until an application
was made.
Mr. Donald Wolfe, Building Industry
Assn., stated that the Council should do
something about needed housing for young
first time home buyers for the expanding
job market and the influx of people
coming into the area, and urged the
Council to not adopt this ordinance that
would restrict the availability of homes
in that area.
Vice Mayor Teglia asked the speaker if he
had considered a ballot measure to ask
this community if they wanted an increase
in residential density in an area tradi-
tionally not used for housing.
Mayor Penna felt it was a unfair that a
Councilmember blamed Mr. Wolfe when this
is a major industrial area with a lot of
jobs, and we pride ourselves with the
housing that goes along with the
industry; and when you create a density
of jobs the housing density should go
along with it, otherwise you jeopardize
the job base.
4/8/92
Page 25
AGENDA ACTION TAKEN
~UBLIC HEARINGS
11. Motion - Continued.
PUBLIC HEARINGS
John Briscoe, Esq. again spoke of his
letter, and stated that the proposal was
legally flawed, and the Council should
instead choose Alternate 2. He stated
that if you take the logic of staff's
recommendation, i~ is that the urgency is
created by the fact that a development
application comes in and then you can
take up the question. He felt that some-
one filing an application was hardly an
urgency, an urgency was created by a
problem with the sewer facilities or
drought. He stated that the Council
should not adopt the urgency ordinance
until a development application was
received because this was not an urgency.
Mr. Doug Thomas, Kohl Co., stated that he
had heard people tonight seeking redeve-
lopment money to improve hotels, and
money for the homeless, and yet 700,000
people would move here and it will be
worse. He stated that he had heard
important, interesting things about the
Airport and the need to insulate homes in
the community. He stated that the
Airport creates noise and is legally
obligated to pay for insulation of homes
- and should pay, but not at the expense
or threat to the City. He stated that
your rights as Councilmembers to make
decisions should not happen by a deal
with the Airport.
He stated that the Airport creates
problems, and should fix the problems.
He stated that during the next two years
the Airport was going to try to get their
own expansion project approved in this
County, and this will create a need for a
minimum of 6,850 homes and turn the
freeways into gridlock. He stated that
during that period of time, the Airport
was dangling $500,000 in front of the
City for noise insulation, and questioned
if the Council believed that they are
not trying to influence you on other fac-
tors, and would reimburse you if you
don't do what the Airport wants.
4/8/92
Page 26
AGENDA ACTION TAKEN 032
- ~UBLIC HEARINGS
11. Motion - Continued.
PUBLIC HEARINGS
He stated that he was opposed to the
agreement and the moratorium, and as a
neighbor wanted to work with the Council,
and felt that going with housing east of
101 would financially benefit the City
by providing low and moderate income
units. He stated that more companies
would move in and create more jobs and
necessitate more housing. He stated that
there were other alternatives to solve
the problems with the Airport and also
bring added benefits to the City, and
offered his help.
He stated that the project envisioned out
there was not just Serra, but the
Shearwater project, to build jointly on
the 75 acres, and the City would need a
general plan amendment for the density
required. He stated that the Shearwater
project had been approved in 1985,
wherein housing was deemed to be a com-
patible land use by the Council.
He stated that he envisioned a plan of
somewhere between 4,000-6,000 units,
hopefully with some offices, restaurants,
marina, and parks, but nothing was speci-
fic but something between 3 and 4
stories; and high rises would depend on
the community. He stated that he was
aware that Shearwater contemplated
approximately 300 units, and Kohl was
contemplating 37.5 units per acre for the
project or 900 units, and this would
require a general plan amendment.
Mayor Penna closed the Public Hearing.
Motion by Vice Mayor Teglia - To direct
staff to prepare a zoning ordinance that
is Alternative #1 on page 2 of the staff
report.
Mayor Penna stated that the Motion died
for lack of a second.
Second to Vice Mayor Teglia's Motion by
Councilman Fernekes.
4/8/92
Page 27
AGENDA ACTION TAKEN
033
~UBLIC HEARINGS
11. Motion - Continued.
PUBLIC HEARINGS
Discussion followed: if the urgency
ordinance had been adopted it would only
have lasted for 45 days, and beyond that
would require a second hearing next
month; an interim ordinance took a 4/5
vote and took effect immediately, and
another 4/5 vote to continue that for a
longer period; Alternative i was not an
urgency ordinance, and would go out of
effect at a certain amount of time; 45-60
days before it came to Council after the
Planning Commission review, and would be
introduced and later adopted at a sub-
sequent meeting, and could be challenged
by referendum; any sunset clause could be
put in the ordinance; staff would present
something to the Commission that had an
18 month sunset clause; Council could
always remove a moratorium by ordinance
by a simple majority vote; Mayor Penna
again voiced his opposition to this
action; Councilman Drago wanted to keep
open the option for the City to receive
the $10,000,000 in five years which could
be an advantage to those people affected
by the noise, because if there was a con-
sortium of developers that could come in
and match the Airport's money or do
better than them in the quickest time, he
would support that; Vice Mayor Teglia
stressed the need to get the environmen-
tal work done before any developer came
in with an application because the deve-
lopers had known about this for a long
time; she was sure this community was not
in favor of massive development; Mayor
Penna did not feel that a developer would
want to come into the City with these
actions being taken, and he was bothered
by the millions of dollars being jeopar-
dized in revenue; Councilman Fernekes
felt the opportunity was here for a deve-
loper to come to the City and present a
project, and the this process had to be
gone through; the zoning for Kohl and
Shearwater properties was planned commer-
cial; with the Kohl property, residential
is allowed with a use permit, and is not
an entitled use where a case would have
4/8/92
Page 28
AGENDA ACTION TAKEN 034
PUBLIC HEARINGS
11. Motion - Continued.
Vice Mayor Teglia Left the Meeting:
12.
Public Hearing - Proposed scavenger
rate increase for the South San
Francisco Scavenger Company;
Conduct Public Hearing; Adopt ~%~
resolution.
A RESOLUTION REVISING SCAVENGER
RATES AND CHARGES
ITEMS FROM COUNCIL
13. Oral Committee reports.
PUBLIC HEARINGS
to be made for it; the 30 units per acre
was not what was proposed this evening,
and would require a general plan amend-
ment; that the Airport had always lived
up to their agreements, etc.
Carried by majority roll call vote, Mayor
Penna voted no.
Vice Mayor Teglia left the podium at
12:55 p.m. and did not return to the
meeting.
Mayor Penna opened the Public Hearing.
City Manager Armas spoke of the Board of
Supervisors approving a BFI rate increase
pertaining to Ox Mountain, and also
approving a $1.00 surcharge to fund the
cost of conforming to AB 939 in terms of
the preparation of solid waste management
plans by the cities and County.
He stated that staff had reviewed the
request and is generally satisfied that a
4.6% increase is justified.
Ms. Eloise Kee stated that she believed
the company did important work beneficial
to everyone, but had a complaint she had
communicated to the company of replacing
lids on the garbage cans after they were
emptied. She stated that she had had to
replace several lids and it could become
expensive.
Mayor closed the Public Hearing, and
noted that the residential increase
amounted to 35~.
M/S Fernekes/Drago - To adopt the
Resolution.
RESOLUTION NO. 34-92
Carried by unanimous voice vote.
ITEMS FROM COUNCIL
Council chose not to give reports.
4/8/92
Page 29
AGENDA ACTION TAKEN 035
'--~TEMS FROM COUNCIL
L4. Appointment to the Parking Place
Commission.
ITEMS FROM COUNCIL
Mayor Penna stated that he had inter-
viewed all of the candidates, and felt
the City needed someone to represent the
merchants on the street and proceeded to
appoint David Sciandri to the Parking
Place Commission.
Concurrence of Council - To appoint David
Sciandri to the Parking Place Commission.
He directed staff to prepare a commending
resolution for Gloria Maltoni for her
service to the City on the Parking Place
Commission.
Mayor Penna read a letter aloud from Ms.
Iris Dorau, spokesperson for the resi-
dents of Avalon Pines, in reference to
concerns regarding the plan that was
adopted for the implementation of the
Aircraft Noise Insulation Program, and
most notably with the selection process.
Discussion followed: that the City was
not dealing with decimal levels but CNEL
levels; that when an emergency exists
the City should look at it case by case;
that the residents should be aware of the
1981 footprint map; to advise the
southside of Westborough on the selection
process.
City Manager Armas stated that 10 appli-
cations had been received for the
Conference Authority by the deadline of
3/27/92, and questioned if the Council
wanted to include two applications
received late.
Councilman Drago suggested putting
another ad in the paper and accepting
applications up to the morning of the
interviews.
City Manager Armas questioned if the
Council wanted to interview Mr. Hughes
and Mr. Ercoli since they were currently
serving on the Conference Center Board.
4/8/92
Page 30
AGENDA ACTION TAKEN 036
'" TEMS FROM COUNCIL
GOOD AND WELFARE
CLOSED SESSION
15.
Closed Session for the purpose of
discussion of personnel matters,
labor relations, property nego-
tiations and litigation.
16.
Motion to adjourn the meeting to
Wednesday, 4/15/92, 6:00 p.m.,
City Council Conference Room, City
Hall, 400 Grand Ave., for the
interview of applicants for the
Conference Center Authority; and
Emergency Preparedness.
ITEMS FROM COUNCIL
Mayor penna stated that they would not
be interviewed.
GOOD AND WELFARE
No one chose to speak.
CLOSED SESSION
Council chose not to hold a Closed
Session.
M/S Drago/Fernekes - To adjourn the
Meeting to Wednesday, 4/15/92, 6:00 p.m.,
City Council Conference Room, City Hall,
400 Grand for the interview of appli-
cants for the Conference Center
Authority; and Emergency Preparedness.
Carried by unanimous voice vote.
Time of adjournment was 1:17 a.m.
RESPECTFULLY SUBMITTED,
Barbara A. Battaya, Cit~Cler
City of South San Francisco
APPROVED.
n ayor
City DF South .~an 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.
4/8/92
Page 31