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HomeMy WebLinkAboutMinutes 1994-02-23Mayor Joseph A. Fernekes Counc : Jack Drago John R. Penna Roberta Cerri Teglia Robert Yee MINUTES City Council Municipal Services Building Community Room February 23, 1994 164 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO FEBRUARY 23, 1994 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 23rd day of February 1994, at 6:30 p.m., in the Municipal Services Building Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotia- tions and litigation. City Clerk City of South San Francisco Dated: February 17, 1994 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) ouncilwoman Teglia Arrived: ACTION TAKEN 6:31 p.m. Mayor Fernekes presiding. Council Present: Drago, Yee and Femekes. Council Absent: Penna and Teglia. City Clerk Battaya stated that, due to the death of Councilman Penna's father, he was not in attendance at the meeting. Councilwoman Teglia arrived at the meeting at 6:40 p.m. 2/23/94 Page 1 AGENDA ACIIQN TAKEN Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotia- tions and litigation. RECALL TO ORDER: ADJOURNMENT: Council adjourned to a Closed Session at 6:32 p.m.to discuss litigation pursuant to GC 54956.9(a), City of South San Francisco vs. Crown Sterling Suites, personnel matters pursuant to GC 54957, discussion on replacement of City Attorney, labor negotiations pursuant to GC 54957.6, firefighters. Mayor Fernekes recalled the meeting to order at 7:40 p.m., all Council was present, no action was taken. M/S Teglia/Yee - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:40 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, Cit r-"ity of South San Francisco APPROVED. los~_ h A. ~Fernekes, Maly. o~ Cit~ 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. 2/23/94 Page 2 Mayor Joseph A. Fernekes Council: Jack Drago John R. Penna ~Roberta Cerri Teglia Robert Yee MINUTES City Council Municipal Services Building Community Room February 23, 1994 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: '--RESENTATIONS ~resentation - American Heart Month February 1994 Presentation - Project 90 Drug and Alcohol Rehabilitation (Six Bed Facilities) ACTION TAKEN 7:42 p.m. Mayor Fernekes presiding. Council Present: Drago, Teglia, Yee and Fernekes. Council Absent: Penna. City Clerk Battaya stated that Councilman Perma was not in attendance due to the death of his father. The Pledge was recited. Mayor Fernekes asked for a moment of silence and prayer for the death of John Penna, Sr. PRESENTATIONS Councilwoman Teglia read the Proclamation aloud and presented it to Deborah Byrne. Councilwoman Teglia stated she would step down from the podium in that people would be allowed to speak after the presentation and because she lived in the area and was precluded from taking part in the discussion. She stated she had asked the Police Chief to look into the concerns of the residents and wanted the Mayor to incorporate subsequent remarks into the meeting. Mr. Jim Stansbury, Executive Director Project 90, stated the organization has been operating for twenty one years in San Mateo County as a social model program and had twenty locations. He stated that most of their facilities are in the City of San Mateo, are funded by the County, are available for all of the County and that was why they were branching out to other cities. He stated their operation started in Sept. 1992 in S.S.F., although they have had four clean and sober houses since 1989. He stated they would close the Lewis house and reopen at the new facility on Baden 2/23/94 Page 1 ~ENDA Presentation - Project 90 Drug and Alcohol Rehabilitation ;ix Bed Facilities) - Continued. ACTION TAKEN 167' when it was completed. He proceeded to describe their operations: the third stage of recovery is 30+ days; there were satellite houses for further recovery; people were in the program by choice; all of the facilities were staffed and each had a house manager; they were licensed for alcohol recovery by the State with State and County inspections; the normal program stay is 90 days, which can be extended another 90 days. Police Chief Raffaelli related his investigation of the neighborhood over the past few years: more teenag- ers in the area, due to the apartments; problems started with minor disturbances by teenagers; in the five hundred block there is a gang that has sprung up with 25 members, with only a few over 18; half of the group are in apartments and single residences in the area; there is an increase in graffiti and there was a shooting two years ago; recently there are minor fights occurring and the major ones are with other gangs in Cypress Park; there were congrega- tions on the corners and night socializing, which caused disturbances in the area; walking police beats had been increased; more meetings with parents, which had worked in other parts of town; Project 90 has been in the area for a number of years without the police being called for disturbances. Assistant City Manager Martel related background information on residents' concerns on Project 90: two facilities being located on one parcel with two separate addresses; allegations that some of the work completed on the dwelling at 536 2nd Lane was done without permits and staff was directed to inves- tigate and determine if there were any violations for having two residential facilities on one site; after investigation, she determined that State Law prohib- Red residential care facilities requiring Community Care Licensing, e.g., adult residential care facilities from being within 300 feet of one another, but that did not apply to residential treatment facilities for substance abuse; only the treatment facility requires licensing, half-way houses do not require licensing for six beds or less and are not subejct to local jurisdiction; both structures were constructed with the benefit of permits; there had been an illegal unit at 536 2nd Lane that was demolished; recordation shows that they are separate single family dwelling units; she could not find any violations from these uses; etc. 2/23/94 Page 2 AGENDA ACI!QN TAKEN 16Fj, Presentation - Project 90 Drug and Alcohol Rehabilitation ~ix Bed Facilities) - Continued. City Attorney O'Toole stated he had reviewed the Assistant Manager's report this afternoon. He stated that the City's jurisdiction in regulating residential care facilities is somewhat limited and we are re- stricted or prohibited from placing restrictions. He stated there were some areas where we may have jurisdiction, such as parking, landscaping and open space, however, he had not seen the proposal. Discussion followed: the report said no visitors, other than on Sunday afternoons for three hours, and lights out by 10:30 p.m.; each individual has to be employed. Mr. Joseph Stancy, 547 Baden Ave., questioned: why there would be extended stays longer than 90 days; if they are in there for 90 days and mess up then are they allowed an extended 90 days; why the plans were not available in the Building Division; etc. He had talked to the State and they would send him a set of records, they were just notified and a meet- ing was taking place; Assistant City Attorney told him he had not seen the staff report; police told them they had a bad problem with parking. He had gone over to 37 Lewis, there were four cars in the driveway and no one could get out of the garage. He cited concerns: he had a house he could not rent because of this use in the neighborhood; why induce this use in a neighborhood that was already bad; this use could produce 14 cars; what is the neighbor- hood's recourse if something happens; they are losing their property values; in talking to the State Dept. of Drug and Alcohol, he found there was not an application for 536 Baden Avenue and no license; why is the Lewis site being closed. Mrs. Janet Stancy cited her concerns: there was an over population of elderly and children in the area; there were illegal aliens; houses were congested with people that escalated the parking problems; gangs and drug problems; vandalism; she had witnessed a shooting; afraid because of the lack of security in the neighborhood, even though they have a security system; the number of bars and pawn shops in the area are unsavory; why are they putting these people within one-half block of bars; there is a need for 2/23/94 Page 3 AGENDA Presentation - Project 90 Drag and Alcohol Rehabilitation ;ix Bed Facilities) - Continued. ACTION TAKEN more police in the area; it was said clean and sober houses do not need a license - who is responsible for their actions. Ms. Evelyn Martin, 534 Commercial Ave., stated she owned the house opposite 536 2nd Lane, the garages face one another and, if she came home late at night, she hoped they were in bed. She stated that Commercial Avenue was going downhill and this house will devaluate the property. She cited her concerns: being robbed four times; the fence had graffiti painted out so many times it was just brown spots; widows had built small houses on the alley for income and now it would be diffi- cult to find tenants because of the half-way house; a 15 year old boy being knifed; the cost of these programs; City has no control, yet they use the police and fire that we pay for - she did not feel this was fair; how could she get them to move their cars if they block her driveway; the upper windows of the half-way house face her kitchen, so she will have to keep her blinds closed and give up sunlight; the neighborhood is dirty, garbage is left uncovered and there is an infestation of rats; etc. Ms. Sophia Gonzales stated she lived across the street from the half-way house and was happy they have it, but why have it in a residential area when we already have problems with gangs of kids, rats and graffiti. Ms. Magro stated her parents own the property next to the property discussed and the tenants had already told them they are moving out. She questioned who was going to pay the rent because her parents lived on a fixed income as did the other elderly people in the area. She stated she lives on Commercial and walks to her parents property daily to dean it and is constantly harassed by kids throwing tomatoes at her, which the police consider only as a nuisance. She stated she lived in the area since 1961 and it was a good neighborhood, other than for the last few years. Mr. Jim Stansbury responded to Council questions: that the norm in parking for a half-way house was one to two vehicles; one out of five people have ears; they are entitled to have a ear with a valid license and insurance; no one can get an extension if 2/23/94 Page 4 ~ENDA ACTION TAKEN Presentation - Project 90 Drag and Alcohol Rehabilitation ~gix Bed Facilities) - Continued. ~ECESS: they drink or use drugs; over 50% of the people do not make it in 3 or 4 days; the guys who extend are guys who staff has evaluated as needing addi- tional help before putting them back on the street; criteria for buying the houses are those that can accommodate six or less beds with sufficient bath- rooms; there was a daily inspection of their facili- ties; 27 Lewis has an extension on the back with other occupancy and they have had trouble with the vehicles in the back; there are a couple of facilities that have less than six beds and one in San Mateo with twelve beds; people in the program are not necessarily employed and, for the 30 to 60 days, are not employed or allowed to job search for 60 days; those in the sober house have the means to pay the rent; of the two units on the site, one is a sober house; the individuals could move from one house to the other, however, it would be unlikely, unless they needed a place to stay and go to the sober house to be monitored; they owned the facilities; he hoped the neighbors would base their opinions on results rather than on perceptions because they do dean up their property, remove graffiti and become good neighbors. Discussion followed: on the different types of resi- dential facilities; adult care homes which fall under the Health & Safety Code and the City has authority to approve. Mr. Stancy spoke of clean up men at the site taunt- ing his dog and being loud and noisy and stated he was going to make sure they did not park in the three spaces in front of his house. Mr. Steve Lass related: he had stayed in the Lewis house under Project 90 and felt they had saved his life; was concerned about Mr. Stancy's comments and felt they were not valid because the people running Project 90 were qualified to help people like himself turn their lives around; it sounded like Mr. Stancy wanted to stand outside his house with a shotgun; property values were not going to go down because Project 90 people take care of their proper- ty; people were not there to make a problem, they were cleaning up the property and staying clean and sober; he urged the neighbors to give the people a chance. Council adjourned to a recess at 8:35 p.m. 2/23/94 Page 5 ~ENDA ACIIQ_N TAKEN - 171 RECALL TO ORDER: REPORT OF THE CITY MANAGER AGENDA REVIEW City Manager Wohlenberg Requested: - Remove Items No. 6 and 8. Mayor Femekes recalled the meeting to order at 8:40 p.m., all Council was present. Councilwoman Teglia related: Park & Recreation had been charged with assisting neighborhoods in oldtown to address social problems, appearances and cleanliness; a lot of the problems came from absentee landlords who did not screen their tenants; Park & Recreation should do another out-reach effort in this neighborhood. AGENDA REVIEW Director of Public Works Parini gave the following report at the City Manager's request: work had been done to prevent silt from entering the bay; an inspection had been done and the Board was satis- fied; staff had received a written order and will respond; this is an active program that staff will continue to monitor and keep in place. Councilman Yee requested a copy of the order. City Manager Wohlenberg stated this coming week ended his six months of service, which has been an exciting time in his life, and that he had moved into the community two weeks ago and put end to com- muting. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR Motion to approve Minutes of the Special Meeting of 2/2/94, Adjourned Regular Meeting of 2/2/94, Spe- cial Meeting of 2/9/94 and Regular Meeting of 2/9/94. 2. Motion to confirm expense claims of 2/23/94. ORAL COMMUNICATIONS No one chose to speak. COMMUNITY FORUM No one chose to speak. CONSENT CALENDAR Approved. Approved in the amount of $1,529,555.56. 2/23/94 Page 6 A~ENDA _ACIIQN TAKEN ..__CONSENT CALENDAR 3. Resolution awarding a three month extension of con- tract for maintenance of the Stonegate Ridge and Willow Gardens Parks and Parkways Maintenance Districts to R.M.T. Landscape Contractors, Inc. in the amount of $7,800.00. .5' ~3 A RESOLUTION EXTENDING STONEGATE RIDGE AND WILLOW GARDENS COMMON GREENS MAINTENANCE CONTRACT FOR THREE (3) MONTHS Resolution awarding a three month extension of con- tract for maintenance of the West Park 1, 2 & 3 Parks and Parkways Maintenance Districts to Envi- ronmental Care, Inc. in the amount of $42,916.00. A RESOLUTION EXTENDING WEST PARK 1, 2 & 3 COMMON GREENS MAINTENANCE CON- TRACT FOR THREE (3) MONTHS Resolution awarding a three month extension of con- tract for maintenance of specific Street and Parkway Landscape Areas to Environmental Care, Inc. in the amount of $30,743.00. ~O ~ A RESOLUTION EXTENDING STREET AND PARKWAY LANDSCAPE MAINTENANCE CON- TRACT FOR THREE (3) MONTHS Resolution allocating $200,000 of 1993-94 HOME funding to complete seismic retrofitting and accessi- bility requirements for the Metropolitan Hotel and authorizing resultant construction contracts. A RESOLUTION AUTHORIZING APPROVAL OF USE OF SAN MATEO COUNTY HOME CON- SORTIUM FUNDS FOR SEISMIC RETROFI'YrING OF THE METROPOLITAN HOTEL Motion to adopt an ordinance amending the Municipal Code to allow automotive and equipment cleaning (car washes) in the P-C Zone District subject to ap- proval of a Use Permit and Sections of the Code - GP-93-49, ZA-93-85. AN ORDINANCE ADDING SECTION 20.24.030(C) TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO CAR WASH- ES IN THE PLANNED COMMERCIAL ZONE CONSENT CALENDAR RESOLUTION NO. 21-94 RESOLUTION NO. 22-94 RESOLUTION NO. 23-94 Removed from the Agenda under Agenda Review by City Manager Wohlenberg. Removed from the Consent Calendar for discussion by Councilwoman Teglia. 2/23/94 Page 7 A~NDA CONSENT CALENDAR r. Motion - Continued. DISTRICT AND ADDING SECTIONS 20.74.060 AND 20.74.0700) RESPECTIVELY TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF SPE- CIAL REQUIREMENTS AND PARKING REGU- LATIONS Resolution supporting a proposed San Mateo County policy of "Zero Tolerance for Gun Possession." A RESOLUTION SUPPORTING A PROPOSED SAN MATEO COUNTY POLICY OF "ZERO TOL- ERANCE FOR GUN POSSESSION" Motion to adopt an ordinance amending the Municipal Code to allow automotive and equipment cleaning (car washes) in the P-C Zone District subject to ap- proval of a Use Permit and Sections of the Code - GP-93-49, ZA-93-85. _~',O ~ q AN ORDINANCE ADDING SECTION 20.24.030(C) TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO CAR WASH- ES IN THE PLANNED COMMERCIAL ZONE DISTRICT AND ADDING SECTIONS 20.74.060 AND 20.74.0700) RESPECTIVELY TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF SPE- CIAL REQUIREMENTS AND PARKING REGU- LATIONS ADMINISTRATIVE BUSINESS Resolution of award of contract to Ned Pepper, Inc. in the amount of $539,948 as the lowest responsible bidder for the Oyster Point Interchange removal of contaminated soil. .5-'// A RESOLUTION OF AWARD OF CONTRACT FOR THE REMOVAL OF CONTAMINATED SOIL - OYSTER POINT INTERCHANGE AC_TIQN TAKEN 173 CONSENT CALENDAR Removed from the Agenda under Agenda Review by City Manager Wohlenberg. M/S Teglia/Drago - To approve the Consent Calen- dar, with the exception of Items No. 6, 7 and 8. Carried by unanimous voice vote. Councilwoman Teglia stated she needed a definition of the P-C Zone and what the boundaries are. City Attorney O'Toole stated the restriction was in the General Plan. Acting Director of Economic & Community Devel- opment Solomon stated the boundary was limited to So. Spruce Ave. M/S Teglia/Drago - To adopt the Ordinance. ORDINANCE NO. 1139-94 Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Director of Public Works Parini related: further information had been handed out tonight; there were adequate funds available for the project and it was important to move forward and award the contract. Councilman Yee questioned the original budget for the project, in that this contract was for $539,948 for contaminated soil clean-up. 2/23/94 Page 8 AQENDA A~!!Q~ TAKEN _ ADMINISTRATIVE BUSINESS ~. Resolution - Continued. 10. Motion to approve the Conference Center Authority Fiscal Year 1992-93 Audited Financial Statement and Report and Fiscal Year 1993-94 Mid-Year Budget Report and Booking Report. ~O ~j 174 ADMINISTRATIVE BUSINESS Director of Public Works Parini stated $360,000 was anticipated, for a grand total of $1.6 million, and the documents show a set aside of $2 million for the clean-up of soils in the budget. He stated they were not finished in the freeway areas and expect more hot spots of oils and gas, however, they need- ed to haul the contaminated stockpile and get rid of it. He responded to Councilman Yee, that use there probably would be another contract for removal of contaminated soil. Councilman Yee stated the financial report received tonight did not do him much good because the bot- tom line is you are going to have $35 million and will spend it. He suggested having a different col- unto showing the Council what was originally allo- cated, how much was spent so far and the antic- ipated future expenditures, to get a better picture. MIS Drago/Teglia - To adopt the Resolution. RESOLUTION NO. 24-94 Carried by unanimous voice vote. Conference Center Executive Director Carl present- ed the Authority's Fiscal Year 1992-93 Audited Financial Statement and Report and Fiscal Year 1993-94 Mid-Year Budget Report and Booking Report: Auditors found the operations and cash flow ending 6/30/93 was in conformity with the accounting principles; they reflect the net income; there was a fund balance of $301,000 ending 6/30/93; projected revenues and expenditures; Measure C funds and the operating revenues are on target; expenditures should be less because they came in under budget on the furniture acquisition and the debt service was restructured; they now have a fair amount of operating history; because this was an enterprise fund they must live within the revenues to cover expenditures; definite and tenta- tive bookings. Consensus of Council - On a job well done by the Executive Director of the Conference Center. MIS Teglia/Yee - to approve tho Conference Center Authority Fiscal Year 1992-93 Audited Financial Statement and Report and Fiscal Year 1993-94 Mid- 2/23/94 Page 9 A~ENDA ACIIQN TAKEN - 175 ADMINISTRATIVE BUSINESS 0. Motion - Continued. 11. Motion to support the San Mateo County ordinance establishing regulations regarding further institutional development in the Country Club area and oppose the inclusion in that ordinance of provisions ~$' / "/~ grandfathering uses not currently existing. 12. Motion to oppose any development in the Country Club Park area not consistent with the City prezoning designations for the area. _~' I q ADMINISTRATIVE BUSINESS Year Budget Report and Booking Report. Carried by unanimous voice vote. City Manager Wohlenberg spoke of staff attending meetings, interacting with residents and Country Club Park people in reference to Items No. 11 and 12. Assistant City Manager Martel gave background information: 1/12/94 the San Mateo Planning Com- mission considered an ordinance amending zoning regulations for unincorporated Country Club Park, which specifically include measures that would control the density, size and height of institutional uses in the Country Club Park area - such as churches, schools and community centers; a number of residents have been vocal and active on the issue and had raised their concerns on the proliferation in Country Club Park with the Planning Commission; an interim ordinance had been prepared by County planning staff, at the direction of the Board of Su- pervisors, to temporarily prohibit institutional facilities; the Board did not act on the ordinance but concurred that Country Club Park exceeds its fair share in providing institutional facilities within a residential neighborhood; on the number of existing institutional uses in existence; the unincorporated area consisted of 50 acres surrounded by the City and institutional uses cover 109[ of the land use; the density of the use concerns the residents and not the types of use, which was articulated to the Coun- cil on 1/9/94; the zoning regulations presented to the Planning Commission would not have any effect on the existing institutions acting under a use permit, but would affect future applications; two insti- tutional applications may be affected by the pro- posed ordinance, one for a church at 241 Alta Vista, because approval would have exceeded the density of five permits, and the other at 205 Country Club Drive, to expand the church facility into a neighbor- ing residential parcel; the Mayor forwarded a letter to the County Planning Commission and the Board expressing strong opposition to the approval of any additional applications for institutional use permits, and an endorsement of the proposed zoning amend- ments, based on the concerns of the residents; the Planning Commission conducted a site survey on 2/7/94 which Councilman Drago participated in; 2/23/94 Page 10 AQENDA _ ADMINISTRATIVE BUSINESS 2/23/94 Page 11 _ACTIQ_N TAKEN - 176 ADMINISTRATIVE BUSINESS extensive deliberations were held during the Plan- ning Commission meeting on 2/29/94 on the pro- posed ordinance and the two applications; the Planning Commission amended the ordinance to include a grandfather clause, which would exempt the proposed church at 241 Alta Vista and any other use permit application submitted on or before 2/1/94; the amendment would allow the church expansion by limiting floor area to a maximum of 12,000 sq. ft. on each parcel used for church activi- ties; the language changes in the ordinance substan- tionally alter the intent, which is to limit the number of institutions able to go into the area; County staff indicated an inordinate number of uses in the area; etc. City Attorney O'Toole related that the Council should keep in mind that it is the County that has approval authority, the City prezoned that area rural estates and this is a restatement of that policy, that nothing inconsistent with that zoning should be allowed. Discussion followed: whether the prezoning of the area allows institutional use; no, it does not. Mr. Joseph Stamatis, 269 Avalon Dr., stated the changes open the door for all of the five institutions to be grandfathered in, acquire additional property and build another 12,000 sq. ft. building on each parcel, even though a use permit would be required - which has not been a problem in the County. He urged the Council to support Item No. 11 and 12. Janet Fogarty, Esq. stated she was representing the members of the church who had an application before the ordinance was heard and is substantially complete. She stated the final piece of the applica- tion was for a sewer hookup which would be pre- sented tomorrow. She proceeded to rebut what she considered was misstated: S.S.F. allows churches with a use per- mit; the five institutions include three existing churches, a permit for a convent and a residential care facility which have been approved; the rights of the brethren who own the land should be respected, because the application was almost complete when they took action; Public Law 103-141 was the Reli- AGENDA _ ADMINISTRATIVE BUSINESS 1. and 12. Motions - Continued. 2/23/94 Page 12 ACT!QN TAKEN ADMINISTRATIVE BUSINESS gious Freedom Restoration Act of 1993, signed into Federal law November 16, 1993 that speaks to tests of compelling interest and the least restrictions available; the Planning Commission had considered the two tests; the second test is not met if the church is frozen out; objections could be handled in the use permit process through conditions on the number of cars, noise the people in the area can hear, control- ling design and ingress and egress that are less restrictive; whether the Mayor was in violation of the Brown Act in speaking at the Commission meet- ing when it had not been on a Council agenda. She stated concern: Council taking action on a public forum before taking time to look at the appli- cation for a sewer hookup was prejudicial to the application; on staff proposing this be opposed gave her a question of due process; for the Council to hear testimony from the church members; for the Council to not oppose the grandfather clause in the correspondence with the Board, which she felt would prejudice the rights of these folks when they come to the City for a sewer hookup. She gave the Council a packet with a letter in a more formal legal format, a copy of an article from the San Mateo Times, "Clinton Signs Law Protect- ing Religious Practices", and letters from church members in Oakland. Councilwoman Teglia stated that the City was deal- ing with an ordinance of the County and dealing with a historic position of this City, recorded in black and white in prezoning of rural estates, which is the most restrictive; prezoning was done in antici- pation of future annexation. She stated that the Council has been in opposition of all institutional uses in this area and perhaps there are five too many, because they are getting testimony from their neighborhoods that there is a cumulative impact, which no one is taking into account. She stated that she did not want to end up in a semi- legal hearing on an application, because that is not what we are doing here. City Attorney O'Toole agreed, stated that the Coun- ty has the jurisdiction and he advised the Council to steer clear of approval or denial, because A~ENDA ADMINISTRATIVE BUSINESS 2/23/94 Page 13 ACTION TAKEN ADMINISTRATIVE BUSINESS nothing is before the Council in the way of an appli- cation for a sewer hookup. He stated the Council had historically allowed sewer hookups in the past which were consistent with the County's and City's zoning. Discussion followed: the amendment clearly talks about the application filed on or before 2/1/94; whether the Council did or did not support the amendment was a question; the application was submitted in Nov. 1993, with the exception of the sewer hookup; there was still a debate on whether this will be the fifth project or not, because the ordi- nance was not specific; the residential care facility has had a sewer permit for 32 years and it has never been built; Attorney Fogarty asked the Council to withhold judgment on the sewer hookup; Council- man Yee felt the speaker should not speak about the application; concern that the church could buy an- other property and build out 12,000 sq. ft.; Council- woman Teglia's understanding was that those uses were approved by use permit and could, in fact, be expanded another 12,000 sq. ft. under this ordinance by acquiring another parcel - even though no new uses would be coming into the area; the uses are inconsistent with the City's prezoning of the area and the expansions would become non-conform- ing uses that could not expand; the Council had taken the same stand in opposition to the day care center on Alida because of the prezoning. Mr. Glenn Brothers, 249 Alta Vista Dr., stated that their application is mentioned in the staff report and, therefore, wanted his testimony heard on the sewer application. City Attorney O'Toole stated, when the application is submitted to the County and comes before the County, then it will be appropriate for the Council to make a stand. Mr. Milton Grendley, 249 Alta Vista Dr., urged the Council to not protest the grandfathering in clause. Mr. Joe Stamatis, 269 Avalon Dr., stated that his understanding from the County planning staff was that the expansion allows all of the other facilities to expand as well. ~ENDA AcIIQN TAKEN : _~DMINISTRATIVE BUSINESS 1. and 12. Motions - Continued. Consideration of proposed modifications to the City's Aircraft Noise Insulation Program to allow individual, advance insulation of homes, with possible reimburse- ment later. .~,2.~ t~ ADMINISTRATIVE BUSINESS Councilman Drago questioned: how did the City ever get involved in the conditions set down by the County on this particular development; at what point does the City step in, because, even though it is unincorporated, anything in there has an effect on our residents; would the City get involved on public safety issues; would there be a full fledged EIR. City Attorney O'Toole replied: the City would receive notice of the hearing, the ability to review the interim documents and make comments on the impacts on the surrounding environment; there may be an EIR if the impacts were identified. Discussion followed: the County had ignored the City's prezoning of Country Club Park; each of the uses have caused a degradation of the area and perhaps a phase out the residential, because there is something wrong with the process in this respect. City Attorney O'Toole summed up the Council discussion, they are opposed to any use inconsistent with the prezoning for the area. MIS Drago/Teglia - To remain consistent with the prezoning and oppose any inconsistent uses. Councilwoman Teglia stated they would not be here quibbling about four or five use permits approved or not approved if they headed our requests to recog- nize the pre. zoning. She stated that her other con- cern were the seeds of wide expansion if any one wants it. Councilman Yee stated his only concern is that yes, he supports it, but the timing is bad when you take a position after the use permit application process. Mayor Fernekes stated he agreed with Council- members Drago and Teglia and believes the pre- zoning is correct. Carried by majority voice vote, Councilman Yee voted no. Assistant City Manager Martel stated this item pur- sued establishing a reimbursement policy to allow eligible residents, who are noise impacted from overhead aircraft, to have insulation work 2/23/94 Page 14 A~ENDA ADMINISTRATIVE BUSINESS 3. Consideration - Continued. 2/23/94 Page 15 _ACIIQ_N TAKEN 180 ADMINISTRATIVE BUSINESS completed prior to the program coming into their neighborhood, with reimbursement at such time as the phased program reached their neighborhood. She stated that the FAA would not allow the use of funds to pay for the insulation prior to the program entering their neighborhood or pay any part to an individual after the fact. She stated, if the residents are willing to deposit funds in the amount of the insulation cost, it might be possible for us to include that particular home in the insulation program for whatever phase they were currently in and hold the funds in trust for the date the phase reaches their neighborhood. She spoke in detail of problems with residents pre- paying the insulation funds. She stated that staff had not put the program togeth- er nor determined how many people were interested, but awaited Council direction. Councilman Drago stated he had requested this item be agendized because of many questions he had received from the community, such as, what can be done for long term residents who have put up with this for forty years; can people living in the impact- ed areas who cannot get the insulation for 3 or 4 years put up their own money for insulation with a reimbursement when the program hits their area. Councilwoman Teglia stated there was another type of resident, one who had insulated his home without knowledge of the insulation program. Discussion followed: once the $10 million pool was available, it was a matter of one to five years maxi- mum to get every one done, so it might be better to have these people wait until the program gets to their neighborhood; if the prepayment was allowed, it would not go unnoticed in a neighborhood and there would be repercussions; Councilwoman Teglia felt those wishing reimbursement should wait until the entire program is finished; Councilman Yee agreed, noted that the Council had approved the hiring of more people for the program and suggested a status report could be sent out to the affected neighborhoods to let them know what is happening on a six month basis; why isn't staff moving on A~ENDA ACI!QN TAKEN 181 ADMINISTRATIVE BUSINESS 5. Consideration of proposed modifications to the City's Aircraft Noise Program - Continued. 14. Motion to authorize preparation of a zoning text amendment modifying regulations regarding the aban- donment of nonconforming uses. ,~'O~ c] ITEMS FROM COUNCIL Oral Committee Reports. ADMINISTRATIVE BUSINESS hiring the project manager; staff had advertised and interviewed and the two top candidates declined the job; suggestion to hire a recruiting firm; there should be a Council Subcommittee established, with meetings once a month to keep the program moving; staff was advertising for an associate engineer and maybe the job should be bigger because it was for 1,400 homes a year; Councilman Yee suggested hiring a consultant firm to oversee the project and get the subcommittee involved; why not hire a con- tractor and have staff be the overseer. Mayor Fernekes appointed Councilwoman Teglia and himself to the Subcommittee. Acting Director of Economic & Community Devel- opment Solomon related the staff report: suggested changes might alleviate problems with the reuse of older nonconforming commercial properties; ex- ploring the extension of abandonment period to one year and a second year may be granted upon ap- proval of a permit from the Commission; include an automatic sunset provision in the ordinance; etc. Discussion followed: why not just have the Com- mission extend to one year and, when the economic times are over, go back to six months; leave it at six months and allow the Commission to extend it and establish hardship extensions up to two years; this is only for nonconforming uses - not noncon- forming structures; if there is a rezone and a use becomes nonconforming and the use is out for six months, the use cannot go back in; nonconforming structures are liberal, but they cannot be expanded; the distinction between nonconforming uses and nonconforming structures was not discussed at the Planning Commission meeting; the message at the last joint Council/Planning Commission meeting was to try to achieve maximum flexibility; City Manager spoke on Airport expansion, the air cargo handling businesses and stated retailing is not where the economy is going. ITEMS FROM COUNCIL Mayor Fernekes stated a meeting will be scheduled in early March for an evaluation of the City Man- ager, because he did mention he had been with the City for six months. 2/23/94 Page 16 ITEMS FROM COUNCIL 5. Oral Committee Reports - Continued. GOOD AND WELFARE CLOSED SESSION 16. Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotia- tions and litigation. aDJOURNMENT: 182 ITEMS FROM COUNCIL Councilman Drago requested Brentwood Park in-lieu fees be agendized the second meeting in March. Councilman Yee stated that Multi City Transporta- tion System Management will end June 30th, be- cause the funding will end and, between now and June, will hear from businesses on transportation issues. Councilman Yee stated a report would be forthcoming. GOOD AND WELFARE No one chose to speak. CLOSED SESSION The Council chose not to hold a Closed Session. M/S Teglia/Yee - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 10:55 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya; City Cler~ City of South San Francisco APPROVED. JoSeph A. Fernek~yor C~y 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. 2/23/94 Page 17