Loading...
HomeMy WebLinkAboutMinutes 1993-03-10 Mayor Roberta Cerri Teglia Council: Jack Drago Joseph A. Fernekes -John R. Penna Robert Yee MINUTES City Council Municipal Services Building Community Room March 10, 1993 qb 080 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: ,GENDA REVIEW interim City Manager Mattel Requested: - Add Item 4a. Request for $100,000 for a satellite parking lot for the Conference Center. ~No ~t ACI!QN I&KE_N 7:30 p.m. Mayor Teglia presiding. Council Present: Council Absent: Drago, Fernekes, Penna, Ye.e, and Teglia. None. Girl Scout Troops 3, 903, 800, 292, and Cub Pack 1750 presented the colors, and the Pledge was recit- ed. Rev. Englund, Hillside Church of God, gave the invocation. AGENDA REVIEW She stated that pursuant to GC 54954.b(2) she would like to add an item relating to a loan request for the Conference Center Authority. She stated that the Conference Center Authority convened a special meeting today, and adopted a resolution requesting a loan from the City Council. She stated that this item came up subsequent to the posting of the Council agenda and the need to take action was urgent so that construction can begin on the Conference Center parking lot prior to the scheduled opening. She continued, in order to accommodate this being added to the agenda it must be approved by a 4/5 vote of the Council. She asked that it be placed following the Consent Calendar. City Clerk Battaya asked clarification from the City Attorney on whether there should be one or two Motion to declare the emergency, and add it to the agenda. City Attorney O'Toolo stat~l that tho Council ne, lxl- ed a motion that included the declaration of urgency as cited by the Interim City Manager, and it would take a 4/5 vote of the Council. He stated that if 3/10/93 Page 1 _AQENDA AC_TIQN IAKEN 081 --~GENDA REVIEW ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR Motion to approve Minutes of the Special Meeting of 2/17/93, and the Regular Meeting of 2/24/93. Motion to confirm expense claims of 3/10/93. ~"o t 3 o Resolution amending the Parking District Operating Budget to provide $25,000 for a parking study...q'/2d5 A RESOLUTION APPROVING BUDGET AMENDMENT 930 TO THE 1992-1993 OPERAT- ING BUDGET AND AMENDING THE SOUTH SAN FRANCISCO PARKING DISTRICT OPER- ATING BUDGET TO PROVIDE $25,000 FOR A PARKING STUDY Resolution accepting dedication of a 10 foot wide easement for sanitary sewers at 975 El Camino Real, First National Bank of Daly City. .5'o ~o A RESOLUTION ACCEPTING DEDICATION OF A SANITARY SEWER EASEMENT - FIRST NA- TIONAL BANK OF DALY CITY, PM-92-290 AGENDA REVIEW they make the motion to add it to the agenda after the Consent Calendar - included in that motion are the findings related by the City Manager. M/S Yee/Fernekes - To approve the urgency declaration, and add it to the agenda the Conference Center item set forth by the Interim City Manager. Carried by unanimous voice vote. ORAL COMMUNICATIONS No one chose to speak. COMMUNITY FORUM No one chose to speak. CONSENT CALENDAR Approved. Approved in the amoum of $1,439,634.49. Removed from the Consent Calendar for discussion by Councilman Penna. RESOLUTION NO. 2703 M/S Penna/Drago - To approve the Consent Calen- dar with the exception of Item No. 3. Carried by unanimous voice vote. 3/10/93 Page 2 CONSENT CALENDAR 3. Resolution amending the Parking District Operating Budget to provide $25,000 for a parking study..5'1,7.o A RESOLUTION APPROVING BUDGET AMENDMENT 93-9 TO THE 1992-1993 OPERAT- ING BUDGET AND AMENDING THE SOUTH SAN FRANCISCO PARKING DISTRICT OPER- ATING BUDGET TO PROVIDE $25,000 FOR A PARKING STUDY _ACI!Q_N TAK~ 082 CONSENT CALENDAR Finance Director Margolis explained the request for a parking study: the Parking District had been accumulating funds for about four years with the intent of extending parking in the downtown; there was sufficient funds to go ahead and construct some- thing or purchase property; the Commission feels it needs more information on parking demands and proper location; the possibility of a City Hall park- ing facility had been put on hold by Council, etc. Councilman Penna stated that prior minutes from the Commission had made reference to prior studies being made, and he felt the following should first be addressed: the bonds had been retired many years ago that established the assessment district, and the question should be answered of whether or not the Parking District actually exists or not, and what is its main purpose; can that purpose be incorporated to the City Council or the Planning Commission. He stated that the property owners in the 400 block of Grand Ave. had put their property up as collateral in order to secure the bonds and were responsible for the repayment of the bonds. He continued, they could have been taxed if there was not sufficient revenue, and even though they were promised park- ing lots for many years - there still are not parking lots on the 400 block of Grand Ave. which was creating a real problem for their employees. He stated that there had been a request at last night's Commission meeting to turn an employee lot into a customer lot, and it had been turned down. He stated that he had asked staff to come up with statis- tics on the on-street parking available in the 300 block of Grand Ave., and proceeded to speak in detail on the report. He stated that the employee lots were curtailing the development of the downtown area by insufficient parking for customers through bombardment from local interests for employee parking in close proximity to theft businesses. He also spoke of the all day parking lots that were not being utilized because they are further away from these businesses. 3/10/93 Page 3 AG_ENDA ACTION _TAg~N 08 CONSENT CALENDAR 3. Resolution- Continued. 3/10/93 Page 4 CONSENT CALENDAR He spoke of parking concepts used by Burlingame, Hillsdale, San Mateo, Millbrae, and San Bruno that had requirements wherein employees park far away, leaving spaces open for cusWmers to park. He felt the City should transfer all employee lots, such as 5, 12, 8, 10, and 3 inw customer lots. He started that lots 6 and 7 on the corner of Miller .and Maple are rarely used, and he felt that the City did not need a study to determine this because it was a practicality. He stated that he wanted the two questions ad- dressed: should the Parking District continue to exist; should it be incorporated into the City Council and allow the Planning Commission to come up with a set of criteria that would allow for parking in the downtown commercial district. Councilman Yee stated that the issue tonight was whether the Council wanted to issue $25,000 for a parking study. He questioned whether the $25,000 was based on a proposal because he was not sure what the figure was for. Finance Director Margolis stated that it was an estimate of the cost, and staff was asking the Coun- cil to budget the amount, and later staff would issue a request for proposals, etc. Councilman Yee stated that he wanted staff to get a proposal, have Council see if they liked the scope of work, and determine how much they wanted to spend on the study. He commented that Councilman Penna's question on the District was not on the agenda tonight. Councilman Drago stated that he agreed that this was too general and wanted to see specifically what the City would be spending because two or three studies had already been made. He stated that $25,000 was a lot of money, and questioned what they were trying to accomplish. Councilman Femekes stated that he was in concur- fence with Councilmen Yee and Drago, and includ- ing Councilman Penna's concerns about the District which he believed should come forward with differ- ent options on whether the purpose had been met and what the goals and needs were for the future. He stated that he would not vote on this tonight AGE___ND__A ACTION TAKEN '084 ~ C~ONSENT CALENDAR Resolution - Continued. 4a. Request for $100,000 for a satellite parking lot for the Conference Center. ~,0 z/ CONSENT CALENDAR because he did not know what the study was going to be, and this should be fled into the other options of the District. Mayor Teglia stated that at this time she was op- posed to going out for any study, regardless of what it shows. She stated that on the other question, she had heard Commissioners ask why the District was still in existence, so maybe it was a good time to reexamine the District. She stated that it had been created for the financing aspects that had been taken care of, and what they are doing now is really land use planning - which other agencies may be better able to handle, etc. Discussion followed: Interim City Manager would agendize the item with a report of the activities of the Commission and the funds available for the various purposes and alternative means to accom- plish those activities as discussed tonight; staff would come back at the first meeting in April; Councilman Yee felt there should first be a meeting with the Commission for a joint discussion on whether to disband the District, and the information report from staff could come to Council at any time without being on the agenda; staff could schedule a joint study session with the Commission in April, and staff would provide the report for discussion at that time; staff was directed to schedule a joint meeting, and Mayor Teglia would hold off appoint- ment to fill the Commission vacancy. MIS Penna/Fernekes - To table the resolution ap- propriating $25,000 for a parking study. Carried by unanimous voice vote. Conference Center Executive Director Carl stated that the Authority had met in a special meeting today to discuss funding of the satellite parking lot. She related background information: there is a use permit for the Conference Center, as well as parking facilities, and the use permit is shared by the Con- ference Center, the Radisson and the Ramada Inn for the purpose of parking; one of the require- ments of the use permit is that a satellite parking lot be provided by the two hotels and the parking lot is located across the street, diagonal to the Center between the Travel Lodge and the Grovsenor Hotel; 3/10/93 Page 5 AOENDA AC_T!Q__N TAKEN .. 085 ~ mONSENT CALENDAR ~a. Request - Continued. 3/10/93 Page 6 CONSENT CALENDAR bids were received for $300,000; there is an agree- ment between all parties for the satellite lot as re- quired by the use permit; as a result of the financial situation of the Bankruptcy Court for the Ramada Inn, there is a required cap on the parking lot con- struction costs of $200,000; considering the overage in the bid, and to enable us to move ahead and complete the lot in time for the Conference Center opening this request was being made of the Council for a loan of $100,000; a charge basis would be established for the parking lot to repay the loan to the City for a period of five years. M/S Drago/Penna - To approve the $100,000 loan to the Conference Center for the satellite lot in excess of the $200,000 figure. City Attorney O'Toole stated that the $200,000 was shared by the hotels because the Bankruptcy Court had put the cap on construction costs for the lot. He stated that the original estimate had gone out based on an engineered set of plans. He stated that this was not a City project but the hotels, land umil last week they did not have an engineered set of plans, so the estimate went out on a typical set of docu- ments that the cities use. Councilman Yee questioned if the person was still around who had made that estimate because a park- ing lot was not a complicated structure to estimate costs and then be off $100,000. Mayor Teglia stated that she wanted information on why this particular bid estimate was so very low in view of the times. Councilman Drago stated that the Authority had limited options because of the Bankruptcy Court cap, and they thought this would be the most pm- dent way to go today because of the Center's open- ing in a month, etc. Councilman Yee stated that it was unfortunate that the estimate error had been made. Councilman Penna stated that if it was not done now it would be disruptive for the Center's operations. He stated that he also wanted to know if the $300,000 was the low bid, because he felt the AGENDA ACTION TAKEN ' 08~ --t~ONSENT CALENDAR ~a. Request - Continued. ADMINISTRATIVE BUSINESS o Resolution amending the Downtown Commercial Program Guidelines for seismic retrofiring of URM buildings. .-q~ A RESOLUTION AMENDING THE DOWNTOWN COMMERCIAL PROGRAM GUIDELINES CONSENT CALENDAR amount was a very good low bid for the work being done. Carried by unanimous roll call vote. Conference Center Executive Director Carl gave the time table for the Center's opening: her office staff had moved in a week ago; 3/31/93 would be a reception for businesses; 4/23/93 would be a gala black tie fund raiser for the S.S.F. youth sports organization with a reception, dinner, and dancing for $45.00; 4/24/93 would be a dedication with ribbon cutting at 12:00, and from 1:00 - 3:00 p.m. a public tour, open house with entertainment free of charge. ADMINISTRATIVE BUSINESS Councilman Penna stepped down from the podium at 8:20 p.m. due to a conflict of interest, and did not take part in the discussion or vote on the item. Director of Economic & Community Development Costello explained that the City, for the last five years, has had programs funded by CDBG funds for the improvement of facades in the downtown area. She stated that there had been a number of projects in the last year and the primary purpose of the CDBG funds is to improve the exterior of buildings through the downtown program. She stated that there were also URM buildings where the owners are putting substantial amounts of their own money into retrofitting of those buildings, and the Committee was recommending that those funds be considered part of the owners matching contribution for CDBG funding under this program. She stated that this would require, for purposes of clarity, an amendment to the existing guidelines in which the Citizens Review Committee is in support, and want the authority to determine the amount of matching funds that will be considered. Discussion followed: that currently the matching funds are only being used for facades; that facades had to have seismic upgrading; that the change would make sure that the authority exists with the Committee; staff was saying that all of the money 3/10/93 Page 7 --~DMINISTRATIVE BUSINESS Resolution - Continued. 3/10/93 Page 8 ADMINISTRATIVE BUSINESS used, regardless of whether for a facade, could be used as matching funds; the grant cap is $50,000 per owner, etc. Mr. Alan Askar spoke of the terrible burden put on URM building owners by having to involuntarily retrofit their buildings. He stated that the money being spent for retrofitting was for the good and safety of the community, and he urged the Council to adopt the resolution because it would support the building owners. Mayor Teglia stated that she felt opposed to broad- ening the guidelines because this was set up for a general purpose, and there were limited funds which this change would limit further. She stated that the street was looking good for their efforts, and she would not like to impede that progress, however, retrofitting was one thing, and this is another and felt the guidelines were broad enough to include that. Discussion followed: that it was not clear that the funds were for a facade; who would determine if the initial work is necessary for the retrofitting; the URM buildings had been identified as part of the program and the work that is needed; the Committee was hesitant to spend money where they have not identified seismic problems; Councilman Yee felt that if the seismic work related to the facade there should not be any question on that issue; facades had nothing to do with retrofitting, and they were only talking about matching work; that only $100,000 in funds remained for this year; that there would be $90,000 funding for the new year; that two $50,000 projects could wipe out the funds; Mayor Teglia suggested setting the cap at $25,000; Councilman Drago did not see a problem with matching funds if a person was going to put out $50,000; that the funds should be guarded for the small property owners that the City wanted to entice into the pro- gram, etC. M/$ Yee/Fernekes - To adopt the Resolution and add a $25,000 cap to offset matching grants. RESOLUTION NO. 28-93 Carried by unanimous voice vote. ~-~DMINISTRAT1VE BUSINESS Resolution authorizing an agreement with Hilton Farnkopf & Hobson to conduct a review of the Scav- enger Company's 1993-95 rate request and appropri- ating the required funds, and review of the rate struc- ture. ~9.~. 7 ADMINISTRATIVE BUSINESS M/S Penna/Yee - To table the item, Carried by unanimous voice vote. A RESOLUTION AUTHORIZING AND DIRECT- ING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO PROVIDE RATE REVIEW SERVICES FOR THE SOUTH SAN FRANCISCO COMPANY AND APPROVING BUDGET AMENDMENT 93-10 TO THE 1992-1993 OPER- ATING BUDGET LEGISLATIVE BUSINESS Motion to adopt ordinance on water efficient landscaping and irrigation; and resolution adopting related guidelines. ~-~ ~"~ AN ORDINANCE AMENDING SECTION 20.73.030 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO WATER EF- FICIENT LANDSCAPING A RESOLUTION ADOPTING WATER EFFICIENT LANDSCAPING AND IRRIGATION GUIDELINES Motion to waive reading and introduce an ordinance modifying provisions of the transient occupancy tax relating to the definition of transients and payment schedules. .5'3 7 7 AN ORDINANCE OF THE CITY COUNCIL OF SOUTH SAN FRANCISCO AMENDING POR- TIONS OF CHAPTER 4.20 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAX PUBLIC HEARINGS ~. Public Hearing - Abandonment of public utility ease- ment at 221 Indio Drive; Conduct Public Hearing; Resolution ordering the vacation of easement. 5'~ ~ LEGISLATIVE BUSINESS MIS Penna/Yee - To continue the item to next meet- ing pending a meeting of the Subcommittee. Carried by unanimous voice vote. City Clerk Battaya read the title of the ordinance in its entirety. Director of Finance Margolis explained: this would clarify definitions; and change the collection sched- ule to a monthly basis; this was timed to relate to the Conference Center opening; and would go into effect July 1st. M/S Fernekes/Yee - To waive reading and intro- duce the ordinance. Carried by unanimous voice vote. PUBLIC HEARINGS Mayor Teglia opened the Public Hearing. City Engineer Von Dohren stated that the easement had not been used since 1946, however the question 3/10/93 Page 9 A~ENDA _ACI!QN TAKEN 089 ,-UUBLIC HEARINGS Public Hearing - Continued. A RESOLUTION ORDERING THE VACATION AND ABANDONMENT OF A 10 FOOT PUBLIC UTILITY EASEMENT LOCATED ACROSS THE PROPERTY LOCATED AT 221 INDIO DRIVE, SOUTH SAN FRANCISCO, CALIFORNIA RECESS: RECALL TO ORDER: ITEMS FROM COUNCIL 10. Oral Committee Reports. 11. Discussion of East of 101 Study. Discussion of a letter from Mr. Mowat on providing pro bono landscape design services. ~D'~ c/ PUBLIC HEARINGS had arose on abandoning the easement for the whole street and staff was in the process of contacting individual property owners. Mr. Peter Griffin, PG&E stated that he had not seen the maps and wanted to spend a moment doing so before Council action. Council adjourned to a recess at 8:50 p.m. Mayor Teglia recalled the meeting to order at 9:02 p.m., all Council was present. Mr. Griffin stated that the City Engineer had shown him letters of approval from PG&E, and he did not have a problem with the item. Mayor Teglia closed the Public Hearing. MIS Yee/Fernekes - To adopt the Resolution. RESOLUTION NO. 29-93 Carried by unanimous voice vote. ITEMS FROM COUNCIL Mayor Teglia reported: a job offer for Director of the San Mateo County Visitors & Convention Bu- reau had been made but had not yet been accepted; as Roundtable representative she presented Council with the Airport application for a variance to noise standards for review and comment; Subcommittee met and stepped up the time table for East of 101 and the BART Corridor study to have all of the work completed by October and felt it was important for Council to either endorse that or cite any prob- lems because these two projects were important. Consensus of Council - To adopt the suggested timetable. Council did not discuss this item. Mayor Teglia stated that Council was in receipt of a letter dated 11/9/92 and asked Mr. Mowat to elabo- rate on his proposal. 3/10/93 Page 10 AGENDA _ACIIQ_N TAKEN 090 ITEMS FROM COUNCIL 2. Discussion- Continued. 13. Discussion of smoking prohibition. 3/10/93 Page 11 ITEMS FROM COUNCIL Mr. Mowat related: there was an area along El Camino which was a slope area with a S.F. Water Co. easement and commercial development that had been left untreated for a number of years; in light of the opportunities presented by the El Camino/BART Corridor development, this was a real opportunity for this to be a gateway to the City; his firm would offer, free of charge, a study of the area to look at the possibilities of a gateway entrance with a pleasing slope that would be a document for anyone who would develop that area; he would meet with and work with any and all City staff and Council on the study. Mayor Teglia stated that there was a Council Sub- committee on entrances to the City that would meet at 1:30 p.m. on Friday, and she invited Mr. Mowat to attend the meeting at City Hall. Mr. Mowat stated that he would be happy to attend the meeting, and would bring a similar study that had been done for Union City. Councilman Yee stated his appreciation of Mr. Mowat's offer, but questioned if he had spoken to staff on whether the City owns the right-of-way. Mr. Mowat stated that he had not until their was concurrence from Council on his proposal - but now he would report back. Councilman Penna stated that after bringing this up at the last meeting he had spoken to many people in the community who had expressed theft interest on this subject - for or against. He stated that he real- ized that it was a sensitive issue, and he would approach it in a sensitive way. He spoke at length on: the Surgeon General's and the EPA's reports on the effects of secondary smoke on non-smokers; strengthening the City's smoking ordinance; his research indicates that there is no constitutional right to smoke - contrary to what smokers had told him; this could be legislated by the Council for the health and safety of the commu- nity; Council could address the economic effects of an ordinance of this type; he wanted no smoking in any public building owned by the City, and in those buildings rented to the public a person would have ---a:rEMS FROM COUNCIL 3. Discussion- Continued. 14. Discussion of employee hiring freeze. ITEMS FROM COUNCIL to step outside to smoke; he compared a smoke filled room with an asbestos filled room; he and Councilman Femekes will bring it up at a Chamber meeting to get support from businesses; will meet with restaurant and bar owners to discuss the ban on smoking; his research indicated that in cities with a 100% ban on smoking the bar activity has increased rather than decreased because people affected by cigarette smoke will not go into a smoke filled bar or restaurant; his preliminary research indicated that sales tax had increased; the trend is for non- smoking by Federal and State legislators; he would like to see a 100% ban on smoking in S.S.F. to let people know we are a clean City. Councilman Drago stated that the agenda was only for City facilities. Councilman Penna agreed, but questioned if the Council was willing to ban smoking tonight. City Attorney O'Toole stated that if that was the consensus, staff would draft an ordinance for anotho er meeting. Councilman Drago stated that he had a problem with this but would wait until it was agendized. Mrs. Diana Byers, McDonalds' owner, stated that McDonalds had conducted a test to try to gain in- sight as to how their business would be affected if they banned smoking. She stated she was here tonight to relate that 100 of her customers were in support of a ban on smoking at McDonalds, which was primarily a childrens' place, and the smokers would be happy to step outside to smoke. She stated that as of May 1st, the two McDonalds in $.S.F. will be non-smoking environments. Concurrence of Council - Subcommittee would meet with the Chamber of Commerce, hotels, restaurants and bar owners and come back to Council. Councilman Drago stated that it did not make sense to him when the City was facing a potential $3 million deficit to continue hiring employees, and he felt a freeze at this time would protect those people who are working now and could step into one of the open positions in a lay-off. 3/10/93 Page 12 ITEMS FROM COUNCIL 4. Discussion- Continued. GOOD AND WELFARE CLOSED SESSION 15. Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotiations and litigation. RECALL TO ORDER: 14. Discussion of employee hiring freeze. ITEMS FROM COUNCIL Mayor Teglia stated that she had asked staff to compose a memo on the informal freeze in effect for this entire year and some positions we are looking to fill for specific reasons, which she wanted consid- ered. Interim City Manager Mattel stated that in the absence of that memo Council could proceed gener- ally, discuss the establishment of a hiring freeze, positions to fill, and how she should implement their decision. Councilman Drago stated that anyone can justify why a position should be filled and we are still spending money recruiting and going out with job specs - which is money wasted and we are not pro- tecting employees facing layoffs. He stated that there were two positions that are vacant due to absences and questioned if the memo meant that the two jobs could not be removed. Mayor Teglia stated that this was something to be discussed in Closed Session and then Council would come out and make a decision. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council adjourned to a Closed Session at 9:23 p.m. to discuss personnel matters pursuant to GC 54958 involving the Community Development Director position. Mayor Teglia recalled the meeting to order at 10:10 p.m., all Council present, no action was taken. MIS Penna/Femekes - For a hiring freeze on open positiom, with the exception of certain selected ones being left to the discretion of the City Manager. Carried by unanimous voice vote. M/S Penna/Fernekes - To adjourn the meeting. Carried by unanimous voice vote. 3/10/93 Page 13 . S~DJOURNMENT: Time of adjournment was 10:10 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk City of South San Francisco APPROVED. --R6b~rta Cerri Teglia, Mayor 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 communica- tions, 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. 3/10/93 Page 14