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HomeMy WebLinkAboutMinutes 1993-06-23Mayor Roberta Cerri Teglia Council: Jack Drago Joseph A. Fernekes John R. Penna Robert Yee MINUTES City Council Municipal Services Building Community Room June 23, 1993 Va L, CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: PRESENTATIONS Proclamation - Parks and Recreation Month - July 1993 ..,~'o '~'7 . ~GENDA REVIEW Mayor Teglia Requested: Move Item No. 22 to be heard after the Consent Calendar. ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR Motion to approve Minutes of the Regular Meeting of 5/26/93. Motion to confirm expense claims of 6/23/93. ACTION TAKEN 7:40 p.m. Mayor Teglia presiding. Council Present: Council Absent: Drago, Fernekes, Penna, Ye, e, and Teglia. None. The Pledge was recited. PRESENTATIONS Mayor Teglia read the Proclamation aloud and presented it to Park & Recreation Commission Chairman Caporale. AGENDA REVIEW Interim City Manager Martel stated there were no changes to the Agenda. So ordered. ORAL COMMUNICATIONS No one chose to speak. COMMUNITY FORUM No one chose to speak. CONSENT CALENDAR Approved. Approved in the amount of $1,160,760.83. 6/23/93 Page 1 AGENDA A~!~ ~A~EN CONSENT CALENDAR Resolution of Intention to amend the Public Employ- ees Retirement System (PERS) contract, t°-ot'o A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BE- TWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYS- TEM AND THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO Resolution approving plans and specifications and advertise for construction bids for West Park 1, 2 and 3 Parks and Parkways Maintenance District Renova- tion. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AUTHORIZING THE WORK AND CALLING BIDS FOR THE WEST PARK 1, 2 AND 3 PARKS AND PARKWAYS MAINTE- NANCE DISTRICT RENOVATION Resolution establishing tax rate for financing the Municipal Services Building for Fiscal Year 1993-94. A RESOLUTION FIXING A SPECIAL PROPERTY TAX FOR FISCAL YEAR 1993-94 Motion to adopt an ordinance relating to the imposi- tion of a storm water charge. .5"~0 $ 7 AN ORDINANCE OF THE CITY COUNCIL OF SOUTH SAN FRANCISCO AMENDING CHAP- TER 14.04 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO THE IMPOSI- TION OF A STORM WATER CHARGE Resolution declaring the date of the General Munici- pal Election for 1993, and resolution requesting elec- tion services from the County Clerk. A RESOLUTION DECLARING THE DATE OF THE GENERAL MUNICIPAL ELECTION FOR 1993, ORDERING THE PUBLICATION OF A NOTICE OF ELECTION AS REQUIRED BY THE ELECTIONS CODE AND ESTABLISHING THE HOURS DURING WHICH THE POLLS SHALL BE OPEN CONSENT CALENDAR RESOLUTION NO. 67-93 Removed from the Consent Calendar for discussion by Mayor Teglia. Removed from the Consent Calendar for discussion by Councilman Yee. ORDINANCE NO. 1130-93 RESOLUTION NO. 68-93 6/23/93 Page 2 AGENDA AC~!~N TAKEN CONSENT CALENDAR I. Resolutions - Continued. A RESOLUTION REQUESTING COUNTY CLERK OF SAN MATEO COUNTY TO RENDER SPEC- IFIED ELECTION SERVICES Resolution approving plans and specifications and advertise for construction bids for West Park 1, 2 and 3 Parks and Parkways Maintenance District Renova- tion. .~'..~ z~- A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AUTHORIZING THE WORK AND CALLING BIDS FOR THE WEST PARK 1, 2 AND 3 PARKS AND PARKWAYS MAINTE- NANCE DISTRICT RENOVATION Resolution establishing tax rate for financing the Municipal Services Building for Fiscal Year 1993-94. A RESOLUTION FIXING A SPECIAL PROPERTY TAX FOR FISCAL YEAR 1993-94 ~5'~ 7 7 ADMINISTRATIVE BUSINESS Resolution authorizing a Cooperative Agreement with Caltrans for design and construction of El Camino Real Traffic Signal Improvements Project. .5-0 ~O CONSENT CALENDAR RESOLUTION NO. 69-93 M/S Fernekes/Penna - To approve the Consent Calendar with the exception of Items 4 and 5. Carried by unanimous voice vote. Mayor Teglia related: a communication had been received at the last meeting from Donna Flanagan; Director of Parks, Recreation & Community Ser- vices Nagel had presented a report in response to her concerns; had another letter this even- ing to be incorporated into the record as though she was at the meeting; staff was preparing additional information for Ms. Flanagan; public meetings were held with notification of the new assessments; people had agreed to bond it and do all the work at once, etc. M/S Penna/Drago - To adopt the Resolution. RESOLUTION NO. 70-93 Carried by unanimous voice vote. Councilman Yee questioned if the rate was correct and the decimal place was in the proper place. Director of Finance Margolis stated that it was correct and she needed to estimate the rate based on the assessed valuations to produce the right revenue. M/S Yee/Fernekes - To adopt the Resolution. RESOLUTION NO. 71-93 Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Director of Public Works Parini stated that the purpose of the item was to approve an agreement with Caltrans to design and construct over a million dollars of traffic signals along El Camino from 6/23/93 Page 3 AGENDA A~TION TAKEN ADMINISTRATIVE BUSINESS Resolution - Continued. A RESOLUTION AUTHORIZING A COOPERATIVE AGREEMENT WITH CALTRANS FOR THE EL CAMINO REAL TRAFFIC SIGNAL IMPROVEMENTS PROJECT Motion to direct staff on the Stormwater Management Plan fee structure. ,5~t9~ -7 ADMINISTRATIVE BUSINESS Millbrae to Daly City. He explained: the City was the lead agency; received a grant from the State for the traffic engineering analysis that showed that improvements could be made to avoid delays; based on the study they had received several different Federal and State grants for the design and construction of the improvements; this was to im- prove congestion and traffic flow and get the bene- fits of the air quality; Millbrae, San Bruno, Colma and Daly City were involved with Caltrans through- out the project; Caltrans was not eligible for the grants and needed a local sponsor to secure them, which this City had done; all costs would be charged against the grants without any City funds being involved, etc. Councilman Drago felt that El Camino Real was under utilized to relieve traffic on 101, and suggest- ed eliminating some of the left turns on El Camino in the five cities and even increase the speed limits. Mayor Teglia did not agree with the suggestion because she visited many shops on El Camino and needed the left turns. Discussion followed: what the signal timing was; purpose was to improve timing and controls; that there was not a cooperative agreement between the City and Caltrans - just a verbal agreement with S.S.F.; Councilman Yee was concerned that the City could be obligated because the verbal agreement was only with S.S.F.; whether staff time was being charged to the project; grants monies did not pay for staff time; Councilman Yee wanted staff to investi- gate the matter through MTC because of budgetary restrictions in this City; Interim City Manager to investigate. M/S Penna/Fernekes - To adopt the Resolution. RESOLUTION NO. 72-93 Carried by unanimous voice vote. Dir. of Public Works Parini stated the purpose of the meeting was to continue discussions on how to cope with mandated programs. He stated options were shown in the staff report for consideration for structuring fees rather than using the General 6/23/93 Page 4 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS ). Resolution - Continued. 6/23/93 Page 5 ADMINISTRATIVE BUSINESS Fund. He summarized the issues: methodology to use to charge; and what are we going to charge for. He stated that three options had been shown by category and by different kinds of land use: single family and duplex, and a different charge for multi-family, and a third charge for the rest; two categories - one for residential and another for the rest; a fiat rate for all. He stated that he realized the Council was interested in a way to charge on the basis of the land area, but staff had a problem for the upcoming fiscal year because they could not find the data base on the parcels for the calculated size of the parcel, so that was an option for the future but not this tax roll. He stated that the first level was to charge a fee to recover enough for the new activity called for in the mandated program, and second level would charge for the new thing, and the third would continue to charge for the set aside reserve for any new activity that might be needed on Colma Creek. He stated that staff recommended the first option with three different categories of land use. The following conversation ensued in response to Councilman Yee's questions: the $200,000 in level one would be spent on an additional source control inspector to spend time at the industrial sites, and an overall coordinator to manage the program in con- junction with staff time, plus equipment and trans- portation; the $200,000 was effort number one and was a new cost in addition to what the General Fund was already carrying; the equipment was for a com- puter operated program plus hardware; the $200,000 was in addition to the $250,000 for the Storm- Water Management Program that would come out of the General Fund for cleaning catch basins; the next level was $450,000; the only difference between level two and three was that you charge a fee to set aside a reserve for any major work along Colma Creek, but with level three you would not do that; that the City would be fulfilling the Federal mandate by choosing level one; the issue was in choosing a new fee rather than pay for it from the General Fund; the level of effort doesn't change between AGENDA ACTION TAKEN~[0 ADMINISTRATIVE BUSINESS ;}. Resolution - Continued. 10. Resolution authorizing continuation for 60 days of spending authority for City activities at levels equal to those included in the 1992-93 Operating Budget~../2o A RESOLUTION APPROVING INTERIM FUND- ING FOR FISCAL YEAR 1993-1994 FOR THE CITY OF SOUTH SAN FRANCISCO AND ADOPTING CORRESPONDING APPROPRIA- TIONS ADMINISTRATIVE BUSINESS level one and two - it was a question of where the funding comes from; how the City was going to clean surface water before it was disposed of in the bay; by keeping the catch basins free by having owners of parking lots sweep them and cleaning up debris before the winter rains flush them down; runoff from State and Federal highways and whether the City could assess them for part of the cost; that the cost of the program would come solely from people that own property rather than agencies; this was a charge rather than a tax and would apply to all properties; Councilman Drago was opposed to the charge or tax; that this charge would become a new enterprise fund for the program; the County had passed on the mandate so each component has to contribute to the pot; that the interpretation was made by the Water Quality Board in Oakland and no one had challenged the 100,000 population mandate; what would happen if the July 1st date was not met; using Measure A or Gas Tax Funds for this; this was a five year program; staff should come up with a square footage alternative for next year; going with Option No. 1 and directing staff to go with No. 4 next year; etc. M/S Fernekes/Penna - To go with Option No. 1 with a cap of $450,000. Carried by majority roll call vote, Councilman Drago voted no. Consensus of Council - To have staff look at Mea- sure A funds and square footage. Finance Director Margolis stated that while budget discussions were on-going spending authority was needed for the next sixty days. Mayor Teglia stated that the budget would probably not be adopted until the second meeting in August, and she wanted a budget session on 6/30/93. M/S Fernekes/Penna - To adopt the Resolution. RESOLUTION NO. 73-93 Councilman Drago stated that the levels should be equal to 1992-93, and he hoped staff would follow 6/23/93 Page 6 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 0. Resolution - Continued. 11. Resolution certifying the Final Environmental Impact Report, making the CEQA findings and Statement of Overriding Considerations in the adoption of the El Camino Corridor Redevelopment Plan. A CONCURRENT RESOLUTION OF THE CITY COUNCIL OF SOUTH SAN FRANCISCO AND THE SOUTH SAN FRANCISCO REDEVELOP- MENT AGENCY CERTIFYING REVIEW AND CONSIDERATION OF THE FINAL ENVIRON- MENTAL IMPACT REPORT, MAKING FIND- INGS REQUIRED BY THE CALIFORNIA ENVI- RONMENTAL QUALITY ACT AND STATING OVERRIDING CONSIDERATIONS ON THE AP- PROVAL AND ADOPTION OF THE EL CAMINO CORRIDOR REDEVELOPMENT PLAN Resolution adopting written findings in response to written comments submitted on the proposed El Camino Corridor Redevelopment Plan. ~'0 ~? ~/ A RESOLUTION ADOPTING WRITTEN FIND- INGS AND RESPONSES TO WRITTEN COM- MENTS OR OBJECTIONS RECEIVED IN CON- NECTION WITH CONSIDERATION OF THE EL CAMINO CORRIDOR REDEVELOPMENT PLAN IN ACCORDANCE WITH THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33363 13. Discussion and direction on Sewer Capital Improve- ment Program. ,fi" I ADMINISTRATIVE BUSINESS guidelines for travel. Carried by unanimous voice vote. Interim Director of Economic & Community Devel- opment Solomon gave the staff report. Mayor Teglia stated that the public hearing had been held, questions had been asked and answered, and asked if anyone wanted to speak further - no one chose to speak. M/S Fernekes/Yee - To adopt the Resolution. RESOLUTION NO. 74-93 Carried by majority roll call vote, Councilmen Drago and Penna did not participate and were con- sidered absent. Coordinator of Economic & Community Develop- ment McCue gave the staff report and noted that a letter had been received from the town of Colma (a copy is attached and made a permanent part of the minutes of this meeting). M/S Yee/Fernekes - To adopt the Resolution. RESOLUTION NO. 75-93 Carried by majority roll call vote, Councilmembers Drago and Penna did not participate in the discus- sion and were considered absent. Director of Public Works Parini stated that the Council would need to take action on the sewer charges in July for placement on the taxrolls, and tonight a preliminary draft of those charges had been prepared for discussion and direction on how the Council chooses to proceed. He stated that the draft charges were responsive to the sewer needs in capi- tal improvement. He spoke of: the fund balance being protected with $500,000 for contingencies; priority being given to health related issues; plant equipment replacement was moving forward; selling reclaimed water, after further filtering; sewer charges had not been raised since July of 1991. 6/23/93 Page 7 ??? TOWN OFCOLMA · !198 EICamino Real · Colma. California 94014 415-997-8300 · FAX 415-997-8308 R E C ~ I ¥ E P £ p, 1993 April 19, 1993 Ms. Maureen K. Morton, Senior Planner Planning Division City of South San Francisco 400 Grand Avenue P. O. Box 711 South San Francisco, CA 94083 RE: EL CAMINO CORRIDOR REDEVELOPMENT PROJECT DR. Dear Maureen' Thank you for forwarding a copy of the proposed final EIR for our use. We note that the response to our comment 9.1 on land use compatibility refers to Figure 4 in.the DEIR. Our comment was based a review of DEIR Figure 6 showing project build-out and an apparent intent to develop the parcel adjoining Colma's south boundary at your new 50 unit per acre density. Perhaps there is an inconsistency between Figures 4 and 6. With regard to our comment 9.4 on traffic, we remain concerned about the funding and scheduling of various traffic improvements relative to my major construction projects in the E1 Camino Corridor. Accordingly, we wish to be notified and given an opportunity to review future project proposals in the Redevelopment Project Area. Sincerely, Malcolm C. C~rpente City Planner) 6/23/93 Page 7a cc: Frances Liston, City Manager AGENDA ACTION TAKEN 223 ADMINISTRATIVE BUSINESS 3. Discussion - Continued. 14. Resolutions authorizing issuance of up to $905,000 in bonds for Willow Gardens, West Park 1 & 2, and West park 3 Assessment Districts and authorizing execution of related documents. A RESOLUTION AUTHORIZING ISSUANCE OF BONDS FOR THE WILLOW GARDENS, WEST PARK 1 & 2, AND WEST PARK 3 PARKS AND PARKWAYS ASSESSMENT DISTRICTS A RESOLUTION APPROVING BOND PURCHASE CONTRACT, OFFICIAL STATEMENT AND RE- LATED DOCUMENTS AND AUTHORIZING ACTIONS WITH RESPECT THERETO IN CON- NECTION WITH THE WILLOW GARDENS, WEST PARK 1 & 2, AND WEST PARK 3 PARKS AND PARKWAYS MAINTENANCE DISTRICTS LEGISLATIVE BUSINESS 15. Motion to waive reading and introduce ordinance adopting the Redevelopment Plan for the El Camino Corridor Redevelopment Project. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO ADOPTING THE REDEVELOPMENT PLAN FOR THE EL CAMINO CORRIDOR REDEVELOP- MENT PROJECT PURSUANT TO THE COMMU- NITY REDEVELOPMENT LAW OF THE STATE OF CALIFORNIA ADMINISTRATIVE BUSINESS Discussion followed: building to Code; a 10% increase; that it was not a straight 10% across the board; that the money for the loan for the Corpora- tion Yard had not yet been transferred; the General Fund would be paying back $215,000 every year; to scrutinize the activity of the department because every dollar sp6rtt came from the citizens; cuts from the State; to scrutinize all de- partments; health and safety factors were critical issues and were the major costs of the budget for the enterprise fund through on-going maintenance activi- ties and personnel; Council wanted actual figures rather than just a draft of the C.I.P.; staff would have to justify the 10% sewer increase; that the C.I.P. should have been presented earlier to Council for their input, etc. Heard later on the Agenda. LEGISLATIVE BUSINESS City Clerk Battaya read the title of the ordinance in its entirety. Coordinator of Economic & Community Develop- ment McCue gave the staff report. M/S Fernekes/Yee - To waive reading and introduce the ordinance. 6/23/93 Page 8 AGENDA ACTION TAKEN LEGISLATIVE BUSINESS 5. Motion - Continued. 16. Motion to approve Negative Declaration No.-745, and Motion to waive reading and introduce ordinance on ZA-92-80 .FO ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AMENDING CHAPTER 20.84 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO PARKING AND LOADING REQUIREMENTS FOR COMMERCIAL AND INDUSTRIAL PLANNED UNIT DEVELOPMENTS ECESS: RECALL TO ORDER: PUBLIC HEARINGS 17. Public Hearing - Appeal of the Planning Commission decision on Zoning Amendment ZA-93-82 to allow car washes in the planned Commercial Zone District - Applicant: Clean Machine; conduct Public Hearing; Motion to deny the appeal and uphold the Planning Commission decision. LEGISLATIVE BUSINESS Carried by majority roll call vote, Councilmembers Drago and Penna did not participate and were con- sidered absent. City Clerk Battaya read the title of the ordinance in its entirety. M/S Drago/Fernekes - To approve Negative Decla- ration No. 745. Carried by majority voice vote, Councilman Yee voted no. M/S Drago/Fernekes - To waive reading of the ordinance. Carried by unanimous voice vote. M/S Drago/Fernekes - To introduce the ordinance. Carried by majority voice vote, Councilman Yee voted no. Mayor Teglia declared a recess at 9:45 p.m. Mayor Teglia recalled the meeting to order at 9:57 p.m., all Council was present. PUBLIC HEARINGS Mayor Teglia opened the Public Hearing. Interim Director of Economic & Community Dev- elopment Solomon stated the appeal addresses two separate issues - consistency of the proposed use with the General Plan and what studies are necessary. He stated the Council was being asked to interpret the General Plan that self service car washes are allowed because the Plan is silent in that it doesn't say they are permitted or prohibited in the PC zones. He proceed- ed to describe the areas designated Planned Commer- cial in the General Plan, which included El Camino Corridor. However, the intent in the El Camino Corridor was to promote higher density. He stated the applicant had noted that gas stations were allowed, yet they were more of a necessary evil than a preferred use. He stated the Commission had agreed with staff that studies were needed in order to com- 6/23/93 Page 9 AGENDA ACTION TAKEN PUBLIC HEARINGS 7. Public Hearing - Continued. 6/23/93 Page 10 225. PUBLIC HEARINGS plete an environmental assessment of the proposed amendment's cumulative impacts and proceeded to describe the studies that they wanted the Council to uphold in order to process the appropriate amendments to the City Code. Mr. David Galli, 2717 Debbie Court, San Carlos, stated that along with Mr. Bob Waller, Applicant, they currently had two car washes in San Carlos and Belmont. He stated they had submitted the application on 2/4/93 and things were progressing as they went through the design review and then on 3/9/93 they received a letter from the Chief Planner stating their application was inconsistent with the General Plan. He stated they did not understand what happened because they had submitted an application and a land- scaping plan and were close to making a presentation to the Planning Commission to show the benefits and felt blind sided by the letter. He stated that, lacking expertise in these matters, they hired Mr. Ron Marblestone to speak for them and had photos to show that were not site specific. Mr. Ron Marblestone, Esq. stated the Clean Machine people were told that the application was incomplete because it did not have the internal studies. He refuted this contention because there is an appeal process to the governing body and there will be a final determination within 60 days and they had filed the appeal on 3/24/93 and it should be in the record. He stated that 60 days from 3/24/93 is 5/24/93 and now it was June which is past 60 days and the City is precluded from making them make the incidental stud- ies. He stated his client was willing to work with the City and recognized a need to approach the City if they could get past the General Plan issue they could re- solve the incidental study issue. He stated that the major argument with the General Plan was in respect to the language and staff felt the definition for the PC zone only envisions retail uses. He stated uses like gas stations, restaurants and motels are local uses and felt their use as a car wash was similar to a gas station - and the difference was mini- mal. He felt, if the City allowed gas stations, it could allow self service car washes and the City's ordinance recognizes ancillary uses for the gas stations. AGENDA A~TION TAKEN .-~UBLIC HEARINGS 7. Public Hearing - Continued. 6/23/93 Page 11 PUBLIC HEARINGS He stated that the second major point was discussing the logic of not allowing car washes in commercial zones - which, he felt, was illogical when every city on the peninsula allows them with use permits. He continued in detail with his argument on behalf of his Client: that most car washes were in commercial zones; others were non-conforming uses and were successfully operated; that the PC District was less restrictive than the C1 Zone; Mr. Solomon was not around when the General Plan was written and adopt- ed, however, Mr. Dell'Angela was. Mr. Lou Dell'Angela stated he was their on behalf of the owners to speak on the General Plan because he was involved with the General Plan and had been asked to speak on its intent as the former Community Development Director in 1983-84 when it was adopt- ed. He stated he and staff had prepared the General Plan without the benefit of consultants. He stated there was no question in his mind that the intent of the General Plan was to allow and even in- elude this use in both zones. He proceeded to refute Mr. Solomon's testimony on gas stations being a necessary evil. He spoke in detail: areas such as North Airport, Mission Road, Spruce Ave. and the downtown that are in a planned district disputes staff's finding; it was permissive wording and does not preclude this regional use; staff's point is that the General Plan wants to confine car washes in the M1 zone, which was not the intent; that the uses should be grouped as to volume; should look at Policy 53 and the description of light industrial uses, which makes reference to car painting - but there is no mention of car washes; car washes are light uses; auto repair and painting and body shops are not allowed in the planned industrial districts, but car washes are allowed along with auto sales; existing car washes are in commercial zones and two out of three are non-conforming uses; the car wash at Chest- nut and El Camino was attractive; staff felt the car wash on Spruce Ave. was an accessary use; felt the use was not in conflict with the General Plan; and thought studies were senseless for this use, etc. Mayor Teglia closed the Public Hearing. Discussion followed: that it was a coin metered car AGENDA ACTION TAKEN 227 ---~UBLIC HEARINGS 7. Public Hearing - Continued. 18. Public Hearing - Levy of proposed 1993/94 assess- ment for Willow Gardens Parks and Parkways Maintenance District; conduct Public Hearing; reso- approving Engineer's Report and levying assessments. A RESOLUTION APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND AS- SESSMENT, ORDERING LEVY OF ASSESS- MENT FOR FISCAL YEAR 1993-94 AND PRO- VIDING ANNUAL INSTALLMENT ASSESS- MENTS FOR THE CITY OF SOUTH SAN FRAN- CISCO WILLOW GARDENS PARKS AND PARK- PUBLIC HEARINGS wash; that the question before the Council was wheth- er they would allow the use; that the only coin operat- ed car wash was on Hillside and Linden and was an eyesore; that the requested studies had not been re- quired in Belmont or San Carlos; that the appeal was that the applicant be relieved of the burden of the environmental documents and the hearing not being held in 60 days was not a legal issue for a court to hear; that the cars go into the stalls and are rinsed off; that the issue tonight merely gives the applicant the opportunity to go through the process of filing an application and the use permit; if approved the appli- cant would have to apply for a zoning amendment and then apply for a use permit for a specific site; if Coun- cil upholds the Commission decision the applicant was precluded from applying for the rezoning because the use is not consistent with the General Plan. Discussion followed: Mayor Teglia was in favor of car washes with full service and amenities, but not in all areas; Council could amend the General Plan to allow the uses in designated areas only; high visual commercial activity; culling out coin operated car washes; that full service car washes could be allowed on Airport and a portion of Airport and Spruce; staff would come back with more information based on the information and direction generated tonight to identify areas Council might entertain car wash uses; that planned commer- cial areas do not allow car washes; staff to look at PC District - South Spruce, Oyster Point Marina, Westborough and other suitable areas. M/S Yee/Fernekes - To deny the appeal and uphold the Planning Commission decision. Carried by unanimous voice vote. Mayor Teglia opened the Public Hearing. Director of Parks, Recreation & Community Services Nagel stated that this was the final Public Hearing regarding the levy of the proposed 1993-94 assessment for this District and adoption of the resolution would approve the Engineer's Report, confirm the diagram and assessment and order levy of assessment for this District. He stated that a notice of the entire assessment would be mailed to every parcel owner. He stated that a protest letter had been received from 6/23/93 Page 12 ~ENDA ACTION TAKEN PUBLIC HEARINGS 8. Public Hearing - Continued. WAYS MAINTENANCE DISTRICT. 19. Public Hearing - Levy of proposed 1993/94 assess- ment for West Park 1 & 2 Parks and Parkways Maintenance District; conduct Public Hearing; reso- lution approving Engineer's Report and levying assessments. A RESOLUTION APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND AS- SESSMENT, ORDERING LEVY OF ASSESS- MENT FOR FISCAL YEAR 1993-94 AND PRO- VIDING ANNUAL INSTALLMENT ASSESS- MENTS FOR THE CITY OF SOUTH SAN FRAN- CISCO WEST PARK 1 AND 2 PARKS AND PARKWAYS MAINTENANCE DISTRICT 228 PUBLIC HEARINGS Mr. Richard P. Lyons. Mr. John Jacobs stated that he would have to pay $246.00 for each of his four units and questioned the total cost of these improvements. Director of Parks, Recreation & Community Services Nagel stated the total cost of the construction was $371,000. Director of Finance Margolis stated property owners could pay the entire $1,300.00 per unit and would not have another charge for eight years, unless there need- ed to be further improvements. She stated the total improvements for all three Districts was $905,000 and assessments will be used to pay the bonds off in eight years. She stated that if the property owners paid the assessments in thirty days there would not be further charges. Mayor Teglia closed the Public Hearing. M/S Penna/Fernekes - To adopt the Resolution. RESOLUTION NO. 76-93 Carried by unanimous voice vote. Mayor Teglia opened the Public Hearing. Director of Parks, Recreation & Community Services Nagel gave the staff report and stated that the unit cost would be $386.94 if paid by the property owner within 60 days. Mayor Teglia stated that a protest letter had been received from Donna A. Flanagan, dated 6/23/93 (a copy of the letter is attached and made a permanent part of the record of this meeting). Mayor Teglia closed the Public Hearing. M/S Penna/Drago - To adopt the Resolution. RESOLUTION NO. 77-93 Carried by unanimous voice vote. 6/23/93 Page 13 C 3657 Carter Drive South San Francisco, CA 94080 June 23, 1993 Department of Parks, Recreation, and Community Services 33 Arroyo Drive South San Francisco, CA 94083 Dear Mr. Nagel: Thank you for your time and response to the ten questions asked by me at the City Council meeting of June 9th, 1993. I appreciate your efforts, however, I do not find your responses to clearly define and answer in detail the questions I raised. My letter of July 24, 1991 expressed concerns of Westborough Homeowners as to quality, service, standards, performance, consistency and the control and expenditure of funds specifically to improve West Park. When I telephoned interim city manager, Patricia Martel, I requested copies of the budget for the last three years, minutes of the City Council meetings for the last three years because Ms. Martel stated to me that the City Council was the administrator of the common greens and West Park area, and copies of the agendas of City Council meetings for the past three years. I am very concerned over the possible mismanagement of funds and neglect of basic maintenance and service over the past years. Mayor Teglia expressed to me at the meeting of June 9 th that the special assessment would allow the city to take care of the West Park area because they did not have sufficient funds. In my telephone conversation of June 21st with Ms. Martel, she stated to me that property taxes did not contribute funds for the maintenance of West Park. Certainly you are aware that the prior statements are inaccurate since Exhibit A of your letter of June 14th, 1993 illustrates that sixteen cents of every tax dollar spent goes to the common greens. Hopefully Councilman Penna will learn the difference between common area and common greens as well as their location. Lot 5 of Braewood 1 and 2 as well as the mini parks and Carter Drive Park belong to the city, not me, as he stated at the June 9th meeting. Because of the erosion, breakage of border walls and stairway retaining walls, root damage, tree stumps not removed, and the lack of planting any replacement plants as well as the safety and liability issues pertaining to the benches and gazebo, I question how the funds you have been receiving have been spent. As of this date, I have not received the budget information and other items I have requested. .... In today's mail I did receive a copy of the bid proposal specifications to be opened on January 2, 1992. The copy I received is blank and I specifically asked to see the proposal of Environmental Care and Cagwin and Dorward. Mr. Stewart Leber of The Manor Association as well as 6/23/93 Page 13b - 2 - 231 Mr. Miguel Ordenana, myself, and very vocal homeowners who attend our association meetings have repeatedly complained about the poor quality of service and lack of response to our needs and concerns we have found throughout the years with Environmental Care. Upon questioning some of their workers, I found their job description to be that of mowing every two weeks at the most, trimming when they felt the hedges and shrubs needed it, no pruning or trimming of trees, or fertilizing. When I asked how often snail bait was distributed, I was informed,"Maybe twice a year." Other questions I asked could not be answered due to language difficulty and apparant lack of knowledge of particular plant names. It has been very apparent to me as well as other area homeowners who have attended city meetings as well as taken the time to telephone that West Park common greens are not and have not been properly maintained for years. Because of this documented lack of quality service and standards, the expense to replace our sadly neglected areas is greater now since no visual routine maintenance was performed in the first place. If routin~ maintenance had been performed according to the funds received, then it would be unnecessary for additional expenses that will be required such as replacing the Carter Park gazebo which is presently deteriorated beyond repair. Indeed, at an annual meeting of the Braewood Homeowners Association in 1991, Mr. Don Taylor presented the facts of necessary improvements that needed to be completed and we found him to be very honest and open about the work that needed to be done as well as the need for standards, supervision, and control. Mr. Taylor was very enthusiastic and we were hopeful that we would be able to work with Cagwin and Dorward. Why were they replaced? How many other bids were received besides Environmental Care? I would appreciate copies of all bids as well as the job description of grounds and supervisory employees. A copy of their evaluation forms is also requested. After all the phone calls by both Mr. Stewart Leber and Mr. Ordenana at my request as well as other homeowner association presidents and board of directors, I wonder why we have Environmental Care again. In my conversation with Ms. Martel, I also questioned the legality of the special assessment because of Proposition 13. Following the passage of Proposition 13, it was my understanding that increasing the property tax (ad valorem tax) was illegal. I do not believe that assessments to maintain the property qualify and the unnecessary additional capital outlay is a direct result of neglect, lack of prioritizing budget expenditures, and lack of routine care other than mowing. Mayor Teglia stated at the City Council meeting of June 9 th that the city basically had funds for mowing and nothing else. However, in your response to my question number 7, you mention fiscal year surplus for West Park 1, 2, and 3. I repeat my need for a copy of the budget to see how funds were spent. Because I question the legality of the West Park special assessment of $54.00 per property, I have requested from Ms. Martel a written opinion by both the county and state controllers and counsels as well as copies of the most recent civil codes in this matter. 6/23/93 Page 13c - 3- 232 Ms. Martel also informed me during our conversation that the City Council was prepared to act on the $54.00 assessment for West.Park this evening in spite of state and Supreme Court rulings on the matter that may affect its outcome. In spite of my attempt.to communicate by telephone, in writing, and by attending the public hearing of June 9th, 1993, I do question if the concerns about QUALITY OF SERVICE, BUDGET PRIORITIES, STANDARDS, REGULAR MAINTENANCE, and SUPERVISION have been cl'early presented. I had hoped for a more honest and open approach to my concerns and those of other Westborough homeowners and their association presidents. In fact, Mr. Leber informed me today that you had stated to him that nothing could be done to improve the service we receive unless we had a petition. I found this highly unusual and I hereby request a copy of the city complaint procedure. Furthermore, the copy of the bid proposal defines the mixture content of fertilizer and mentions snail bait with no reference to frequency, and fertilizing is broadened to the time element "when necessary." I find the definition of the term "inspector", but how often and what criteria are being used? Because of such openendedness, West Park and Braewood in particular have suffered for years ongoing neglect ..... and deterioration that will be unnecessarily expensive to correct. I would be most happy to work with you and the City Council to identify and correct the needs of our common greens, parks, and parkways. My sincere interest and that of other West Park residents is for an aesthetically-pleasing area. Very truly yours, Donna A. Flanagan, President Braewood 1 and 2 cc: City Council, Mayor Teglia/ The Manor Association West Park Association Presidents Braewood Board of Directors 6/23/93 Page 13d A~ENDA A~TION TAKEN r ~UBLIC HEARINGS Public Hearing - Levy of proposed 1993/94 assess- ment for West Park 3 Parks and Parkways Mainte- nance District; conduct Public Hearing; resolution approving Engineer's Report and levying assess- ments. A RESOLUTION APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND AS- SESSMENT, ORDERING LEVY OF ASSESS- MENT FOR FISCAL YEAR 1993-94 AND PROVIDING ANNUAL INSTALLMENT ASSESS- MENTS FOR THE CITY OF SOUTH SAN FRAN- CISCO WEST PARK 3 PARKS AND PARKWAYS MAINTENANCE DISTRICT ADMINISTRATIVE BUSINESS 14. Resolutions authorizing issuance of up to $905,000 in bonds for Willow Gardens, West Park 1 & 2, and West Park 3 Assessment Districts and authorizine execution of related documents. .~,..-.-3 2.~' S3 5q A RESOLUTION AUTHORIZING ISSUANCE OF BONDS FOR THE WILLOW GARDENS, WEST PARK 1 & 2, AND WEST PARK 3 PARKS AND PARKWAYS ASSESSMENT DISTRICTS A RESOLUTION APPROVING BOND PURCHASE CONTRACT, OFFICIAL STATEMENT AND RE- LATED DOCUMENTS AND AUTHORIZING ACTIONS WITH RESPECT THERETO IN CON- NECTION WITH THE WILLOW GARDENS, WEST PARK 1 & 2, AND WEST PARK 3 PARKS AND PARKWAYS MAINTENANCE DISTRICTS ITEMS FROM COUNCIL 21. Oral Committee Reports Appointment by Mayor of Parking Place Commis- sioners. ,0" / ~ I 233 PUBLIC HEARINGS Mayor Teglia opened the Public Hearing. Director of Parks, Recreation & Community Services Nagel gave the staff report and related that the assessment would be $60.00 per parcel. Mayor Teglia closed the Public Hearing. M/S Penna/Fernekes - To adopt the Resolution. RESOLUTION NO. 78-93 Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Finance Director Margolis stated that there were $2,400,000 in settlement funds and past fund balances and with the $905,000 bond sale to combine the three Districts' improvements they would have the bond sale at the end of July. M/S Penna/Drago - To adopt the two Resolutions. RESOLUTION NO. 79-93 RESOLUTION NO. 80-93 Carried by unanimous voice vote. ITEMS FROM COUNCIL Councilman Yee commented that the Public Hearing items were always at the end of the Agenda rather than heard earlier and questioned if Council wanted to schedule them earlier on the Agenda. City Attorney O'Toole stated the Council could set a certain time for Public Hearings, such as 8:00 p.m. Mayor Teglia introduced Ms. Barbara Ziegler as her candidate for Parking Place Commission. M/S Fernekes/Penna - To appoint Barbara Ziegler as a 6/23/93 Page 14 ~ENDA ACTIQN TAKEN tTEMS FROM COUNCIL ,2. Appointment - Continued. GOOD AND WELFARE CLOSED SESSION 23. Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotia- tions and litigation. RECALL TO ORDER: ADJOURNMENT Z34 ITEMS FROM COUNCIL Parking Place Commissioner. Carried by unanimous voice vote. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council adjourned to a Closed Session at 11:30 p.m. to discuss the City Manager recruitment pursuant to GC 54058. Mayor Teglia recalled the meeting to order at 12:22 a.m., all Council present. She stated that there had been a Motion by Councilman Fernekes/Seconded by Councilman Penna - To extend an offer of employment to Mr. Edward Wohlenberg to serve as the City Man- ager beginning 9/1/93 and directing the City Attorney to prepare an employment agreement and have it placed on the next Council Agenda. She stated that the Motion and Second carried by unanimous roll call vote. M/S Drago/Penna - To adjourn the meeting to Wednesday, 6/30,93, at 7:00 p.m., Municipal Services Building, Community Room, for a budget session and a Closed Session pursuant to GC 54058 for the City Manager contract, if accepted. Carried by unanimous voice vote. Time of adjournment was 12:23 a.m. RESPECTFULLY SUBMITTED, APPROVED. Barbara A. Battaya, City Clerk City of South San Francisco ~oberta Cerri e~glia, Mayor City of South San Francisco 11 entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- ons, 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. 6/23/93 Page 15