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HomeMy WebLinkAboutMinutes 1993-03-24Mayor Roberta Cerri Teglia Council: Jack Drago Joseph A. Fernekes John R. Penna Robert Yee MINUTES City Council Municipal Services Building Community Room March 24, 1993 094 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS roclamation - Mediation Week March 21-27, 1993 AGENDA REVIEW ORAL COMMUNICATIONS AC!IQN TAKEN 7:30 p.m. Mayor Teglia presiding. Council Present: Council Absent: Drago, Fernekes, Penna, Yee, and Teglia. None. The Pledge was recited. Rev. Idzerda, St. Paul's Methodist Church, gave the invocation. PRESENTATIONS Councilman Penna read the Proclamation aloud and presented it to Mr. and Mrs. Pedro Gonzales. AGENDA REVIEW Interim City Manager Martel stated that there were no changes to the Agenda. ORAL COMMUNICATIONS Mr. Aurelio Gonzales, 3540 Callan Blvd., Ste. 205, stated that he worked for Century 21 and spoke of the predicament of the builders of three buildings that are not marketable, and sit idle at Baden and Second, Grand and Acacia and four homes on Grand and Laurel. He stated that these had just been built and had cost a lot of money with $500,000 invested - and had been sitting idle for seven months. He stated that buyers did not want to buy two homes on one lot which caused the builders to suffer seri- ous financial drain if this should continue. He asked the Council to allow the lots to be split as town houses which would not add to the density, but would upgrade the neighborhood with a change in zoning and a splitting of R-2 lots. 3/24/93 Page 1 AGENDA ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR 1. Motion to approve Minutes of the Regular Meeting of 3/10/93. Motion to confirm expense claims of 3/24/93. ,5'-tY / 3 Motion to adopt ordinance modifying provisions of the transient occupancy tax relating to the definition of transients and payment schedules. 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 Motion to accept the East Grand Avenue Median Railing Project as complete in accordance with the plans and specifications. Motion to accept the Orange Memorial Park Pool- HVAC System Replacement Project as complete in accordance with the plans and specifications. `rio Resolution approving an agreement with San Fran- cisco Water Department regarding Oyster Point Inter- change Funding. ,5-// A RESOLUTION AUTHORIZING AND DIRECT- ING THE CITY MANAGER TO EXECUTE A COST SHARING AGREEMENT FOR RE- ARRANGEMENT OF SAN FRANCISCO WATER DEPARTMENT WATER LINE FACILITIES _ACI!Q_N TAKEN 095 ORAL COMMUNICATIONS He spoke in depth: the City would gain revenue ~by allowing 5,000 sq. ft. lot splits; that left as is the homes would be rented with a resultant neighbor- hood decay; the Planning Commission had turned down their request for lot splits; on the pain and suffering of the builders; on the Council approving the request. Interim City Manager Martel stated that staff would come back to Council with a report on the request. COMMUNITY FORUM No one chose to speak. CONSENT CALENDAR Approved. Approved in the amount of $1,372,190.40. Removed from the Consent Calendar for discussion by Councilman Yee. Approved. Approved. RESOLUTION NO. 30-93 3/24/93 Page 2 ~ENDA ~!~ TAKEN CONSENT CALENDAR Motion to adopt ordinance modifying provisions of the transient occupancy tax relating to the definition . of transients and payment schedules. 5'/~, 7 5377 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 096 CONSENT CALENDAR M/S Fernekes/Drago - To approve the Consent Calendar with the exception of Item No. 3. Carried by unanimous voice vote. Director of Finance Margolis stated that the ordi- nance made two changes in the transit occupancy tax: to change the definition of transit where only people that stay in the room over 30 days are ex- empted and removes the exemption from the Air- lines contracting out the rooms; requires the tax to be paid monthly to the City. Councilman Yee stated that the Councilmembers had received a letter from Mr. Raines, and wanted to make sure that staff responded to the concerns in the letter. Director of Finance Margolis stated that Mr. Raines specifically asked that the ordinance not be imple- mented until around the first of the year because of the airline contract with the hotels. However, this contract was undertaken after the time we notified the hotel owners, and had knowingly gone into the contract being aware the City was going to change the T.O.T. Mayor Teglia stated that early on before the Con- ference Center was concerned there was an agree- ment when the City was ready to move on the T.O.T., and we held off because we felt it was unfair to penalize the hotels; and they were not to enter into any other contracts because ultimately we would have the Center. Director of Finance Margolis stated that approxi- mately two years ago the Council agreed in concept to make the change and we reviewed it with the hotel owners, and they said it would cause a finan- cial conflict because of contracts many had with the airlines. She continued, so we agreed to let the contract run until the Center opened which would offer more business. Discussion followed: the argument was made that if the change was made, current businesses would move to other cities, however, no other city makes this exception so it is not providing a competitive disadvantage, etc. 3/24/93 Page 3 AGENDA _ACIIQN TAKEN - 097 ADMINISTRATIVE BUSINESS 7. Discussion and direction on sale and use of municipal property. ,5'2~ 7 7 MIS Yee/Fernekes - To adopt the Ordinance. ORDINANCE NO. 1126-93 Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Director of Finance stated that this was being brought forward based on discussions last year when the Council spoke on whether there were resources that the City had that could be put to better use. She stated that if the Council wanted to proceed on the disposition of some of the properties, then there was need for budget authorization for the expenses. She stated that staff had reviewed all of the 112 City owned properties, and had found six properties that had limited use and a potential for sale and make alternative use of the three properties we are cur- rently leasing. She proceeded to go through and describe each of the nine parcels in depth. Discussion followed: whether any of the tidelots could be filled; that was something to be negotiated with BCDC for the fingers land; there had been talk about making the area into a marina to maintain the same or more water area; disturbing the environ- merit outweighed the benefits; the City did not own the loch; this was the property that was turned down by the County for a jail; that this was a natural habitat, and BCDC had jurisdiction 100' in; the GSA site was six acres and was being held for the Shearwater development to give the City leverage in the financing for disposition or retail; property on So. Canal and Spruce is 1/2 acre in size and is south of the canal; that parcel was the exten- sion of the lineal park; property on San Mateo Ave. near Lowrie Ave. is 1/4 acre in size; that parcel is part of the Colma Creek right-of-way and the City should ask the County how much of the parcel they need, and declare the rest surplus; the property at the end of Telford Ave., near Diamond is used for access to the water tank by Calif. Water Co., is used for access to the water tank by Calif. Water Co., Councilman Drago wanted sell this property to Calif. Water Co. and use the money to buy surplus school property; the GSA property would double in value in three years; staff should look at how much 3/24/93 Page 4 AGENDA ACTION TAKEN 098 ADMINISTRATIVE BUSINESS z. Discussion- Continued. LEGISLATIVE BUSINESS o Motion to adopt ordinance on water efficient land- scaping and irrigation; and resolution adopting related guidelines. ,.~9~ AN ORDINANCE AMENDING SECTION 20.73.030 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO WATER EF- FICIENT LANDSCAPING ADMINISTRATIVE BUSINESS of the fingers property was developable; the City assumes liability for the Telford property; City land could not be taken by adverse condemna- tion if Calif. Water Co. wanted the property; the property between Colma Creek and So. Pacific railroad tracks, near San Mateo and Produce Ave. is a small triangle with a small building used by Public Works; City owned parcels occupied by private businesses on a monthly lease; regardless of disposi- tion the leases had to be updated and formalized; Councilman Penna wanted to see a complete list of the 112 City owned properties; whether there were other City owned properties not on the list, such as a strip up on Hickey; selling the Brentwood parking lot to the owners of the area or selling it to the Parking District and metering the lot; that this item should be scheduled for a study session; City Attorney should investigate any deed restrictions on the Brentwood parking lot; Councilman Yee report- ed that ten years ago an assessment district was formed for the Brentwood lot, and wanted docu- mentation from staff on the status; why the Foxridge and Camaritas lots were not on the list of City owned properties; use the fingers property for future WQCP expansion; staff would follow this up with an extensive list and Council would cull out the developable and marketable sites at a study session on 4/21/93; using part of the fingers property for the new Corporation Yard rather than the existing plant site on So. Spruce, and perhaps that should be culled out for the Subcommittee to look at; that site had been looked at for the Corporation Yard and had been abandoned because of egress and access problems in going from one part of town to the other; that the fingers property was being used for storage, etc. LEGISLATIVE BUSINESS Chief Planner Solomon stated that the staff report responds to comments by Mr. Mowat, and proceed- ed to cite the individual concerns. Councilman Yee stated that he took exception to the deletion of the Landscape Architect's signature. Consensus of Council - To require a Landscape Architect to sign the document. 3/24/93 Page 5 AGENDA ACTION TAKEN I,EGISLATIVE BUSINESS 8. Motion to adopt ordinance - Continued. A RESOLUTION ADOPTING WATER EFFICIENT LANDSCAPING AND IRRIGATION GUIDELINES ITEMS FROM COUNCIL 9. Oral Committee Reports. , 059 LEGISLATIVE BUSINESS MIS Penna/Fernekes - To adopt the Ordinance with the amendments. ORDINANCE NO. 1127-93 Carried by unanimous voice vote. M/S Penna/Fernekes - To adopt the Resolution. RESOLUTION NO. 31-93 Carried by unanimous voice vote. ITEMS FROM COUNCIL Councilman Yee questioned if Council had recieved the CSM annual report. Interim City Manager Mattel stated that the report would be in the Friday packet. Councilman Yee stated that he wanted Executive Director Goodrich to come forward and explain the progress and results of last year's efforts. Mayor Teglia suggested inviting her to the next meeting. Councilman Penna reported that he and Councilman Fernekes had met with the Chamber regarding ex- tension of the existing smoking ordinance to make the City 100% smoke free. He stated that he want- ed to debate the issue at a future Chamber meeting. He stated that they had also discussed BART and TSM, and the members had been very cooperative. Mayor Teglia stated that she had met with a couple of their officers and they had offered a cooperative spirit which she had found refreshing. Councilman Fernekes stated that he had attended a legislative committee meeting on Saturday, and wanted comments on a paper he presented to Coun- cil. Councilman Drago stated that he wanted a BART discussion agendized at the next meeting because when reading the papers about the BART Directors stopping the construction of the garage for the 3/24/93 Page 6 AQENDA A~I!Q~ TAKEN ITEMS FROM COUNCIL 9. Oral Committee Reports GOOD AND WELFARE CLOSED SESSION _ 10. Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotia- tions and litigation. ,- 100 ITEMS FROM COUNCIL Colma Station, it had made him nervous over their credibility in honoring their commitments. He wanted a Council discussion to effect some sort of strategy, because if they fail to put that garage in Colma, then he was at the point of saying stop the project. City Attorney O'Toole stated that if that was an issue we take up it was going to be part of our negotiating strategy with BART, and was not some- thing to be done in public. Councilman Drago stated that he felt that the public should be aware that what was happening in Colma could affect our City. Mayor Teglia suggested there be an initial discussion in Closed session, and then come out and have a public discussion. City Attorney O'Toole suggested that Councilman Drago met with him and tell him all of his concerns, and he would advise him on whether they could be addressed in Closed Session or in public. Councilman Drago stated that Samtrans was being open on what they intend to do with the $200 mil- lion if that agreement with Colma is not honored, etc. Councilman Penna related that Colma had been very successful in having BART underground the system due to the fact that they were disturbing cemetery grounds. He stated that our station would be across from Holy Cross Cemetery, and we should take the same tack - that it would be disturbing graves in our GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council adjourned to a Closed Session at 9:05 p.m. to discuss litigation pursuant to GC 54956.9(a) Antaran vs. City of S.S.F. 3/24/93 Page 7 AGENDA RECALL TO ORDER ADJOURNMENT RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk ~7 City of South San Francisco ACTION TAKEN Mayor Teglia recalled the meeting to order at 9:50 p.m., all Council was present, no action was taken. M/S Penna/Fernekes - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 9:51 p.m. APPROVED. Roberta Cerri Teglia, tl~ay~ 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. 3/24/93 Page 8