HomeMy WebLinkAboutMinutes 1994-07-27Mayor Joseph A. Fernekes
Council:
Jack Drago
John R. Penna
Roberta Cerri Teglia
Robert Yee
~P_ECIAL MEETING
CITY COUNCIL
OF THE
CITY OF SOUTH SAN FRANCISCO
JULY 27, 1994
MINUTES
City Council
Municipal Services Building
Community Room
July 27, 1994
O46
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 27th day of July
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, pursuant to GC 54957.6, labor relations regarding AFSCME with its designated representatives -
City Manager, Assistant City Manager and Director of Personnel, and, pursuant to GC 54956.8, to give
instructions to the City's Negotiator regarding negotiations with Jesus Armas concerning the sale of property
located at 368 Conmur Street, S.S.F. - instructions to Negotiator will concern: price, terms of payment and/or
both; and, pursuant to GC 54957.6, to confer with Labor Negotiator, City Negotiator, City Manager and Indepen-
dent Counsel and Interim City Attorney regarding the position of City Attorney.
Dated: July 19, 1994
AGENDA
CALL TO ORDER: (Cassette No. 1)
ROLL CALL:
Closed Session, pursuant to GC 54957.6, labor rela-
tions regarding AFSCME with its designated
representatives - City Manager, Assistant City Man-
ager and Director of Personnel, and, pursuant to
GC 54956.8, to give instructions to the City's Nego-
Clerk
City of South San Francisco
AC!IQN TAKEN
6:36 p.m. Mayor Fernekes presiding.
Council Present:
Council Absent:
Drago, Penna, Teglia, Yee and
Fernekes.
None
Council adjourned to a Closed Session at 6:36 p.m.
to discuss the items listed on the Agenda.
7/27/94
Page I
AGENDA
ACTION TAKEN
047
_ 1. Closed Session - Continued.
tiator regarding negotiations with Jesus Armas con-
cerning the sale of property located at 368 Conmur
Street, S.S.F. - instructions to Negotiator will con-
cern: price, terms of payment and/or both; and,
pursuant to GC 54957.6, to confer with Labor Nego-
tiator, City Negotiator, City Manager and Indepen-
dent Counsel and Interim City Attorney regarding the
position of City Attorney.
RECALL TO ORDER:
ADJOURNMENT:
Mayor Fernekes recalled the meeting to order at
7:21 p.m., all Council was present and no action
was taken.
M/S Yee/Drago - To adjourn the meeting.
Carried by unanimous voice vote.
Time of adjournment was 7:22 p.m.
RESPECTFULLY SUBMITI~ED,
Barbara A. Battaya, City
City of South San Francisco
APPROVED.
J.o.~/eVh;5 F.ernekes, _~Mayor
C~ 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.
7/27/94
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
July 27, 1994
SPECIAL MEETING
CITY COUNCIL
OF THE
CITY OF SOUTH SAN FRANCISCO
JULY 27, 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 27th day of August
1994, at 7:10 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco,
California.
Purpose of the meeting:
1. Presentation of Transit Options by Peninsula 2000.
Dated: July 18, 1994
City Clerk
City of South San Francisco
CALL TO ORDER:
ROLL CALL:
AGENDA
(Cassette No. 1)
1. Presentation of Transit Options by Peninsula 2000.
ACTION TAKEN
7:25 p.m. Mayor Fernekes presiding.
Council Present:
Council Absent:
Drago, Penna, Teglia, Yee and
Fernekes.
None.
Ms. Pat Burke, 1700 El Camino Real, explained that
Dan McNamara is President of the Transit Riders
Group and has been active in transit, as well as
being an engineer. She stated that Jim Wheeler is
also an engineer and was one of the first SamTrans
Board Members.
Mr. Jim Wheeler stated he was not on the SamTrans
Board but was one of the people who put SamTrans
7/27/94
Page 1
AGENDA ACTION TAKEN
Presentation - Continued.
7/27/94
Page 2
049
together twenty two years ago. He stated he was a
transit advocate, was not anti BART but was anti
BART going from Colma to the Airport. He stated
he was on the Board of Peninsula 2000, Chairman
of the San Mateo Citizens Advisory but was here as
a mass transit advocate.
He related: he had tried to get bart to use CalTrain
for San Mateo County for 25 years; Peninsula
Councils have to get behind SamTrans as to where
we want to spend the transit money; SamTrans staff
has admitted that SamTrans will have to shut down
some bus lines in order to pay for BART to SFO
and this financial drain of operating this BART
extension will probably also effect SamTrans fund-
ing of CalTrain; funds spent on BART were a loss
when we can get CalTrain and increase efficiency of
the trains; the Council will be helpful in the grade
crossing problems; he felt a train station should be
put on Airport Blvd., because of its proximity to the
Bayshore; there would not be a need for a parking
structure, because of the acreage there; it was im-
portant that CalTrain not be extended to downtown
S.F., because they would compete with BART; it
was critical for BART to have a good connection to
CalTrain and get the passengers; only 8,100 people
are using the BART to get to San Francisco; rider-
ship is $123.00 when it used to be $6.00 and
$10.00; Washington Legislators fighting for BART
funding; the BART extension is not fully funded;
etc.
Mr. Dan McNamara stated that there has been train
service on the Peninsula for 100 years and the Air-
port does want to connect with CalTrain. He stated
BART is going to cut through this City and it will
be elevated but, if it is underground, that is fine.
However, you won't gain anything because the
CalTrain services is only 15 minutes.
Mr. John Ward, 792 Wellborough Place,
Burlingame, asked that this be agendized again with
a balanced presentation.
Councilwoman Teglia stated people had come for-
ward to ask for this. She stated this City was on
record as silent on BART, then there was a ballot
measure, original BART price tag was $23 million
and now they are talking about $40 million.
Mr. Ward commended Council for being progres-
AGENDA ACTION TAKEN
ADJOURNMENT:
050
sive, noted there was a lot of information put out
tonight, lots of questions and looked forward to the
proper format to give representation.
Councilwoman Teglia suggested inviting BART and
SamTrans people for a further discussion, perhaps
one half hour before a regular meeting.
M/S Drago/Yee - To adjourn the meeting.
Carried by unanimous voice vote.
Time of adjournment was 8:00 p.m.
RESPECTFULLY SUBMITTED,
APPROVED.
Barbara A. Battaya, City Clerk
City of South San Francisco
Jose/~-~'A.I ?crakes[ Ma~
Cit~of So~ ~th San Francisco
he entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica-
Lions, 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.
7/27/94
Page 3
Mayor Joseph A. Fernekes
Council:
Jack Drago
John R. Penna
Roberta Cerri Teglia
Robert Yee
MINUTES
City Council
Municipal Services Building
Community Room
July 27, 1994
051
CALL TO ORDER:
ROLL CALL:
AGENDA
(Cassette No. 1)
PLEDGE OF ALLEGIANCE:
PRESENTATIONS
Proclamation - Bonnie Ng Lee, S.S.F. Unified School
District Board Trustee 5t9 c~ 7'
AGENDA REVIEW
Mayor Fernekes Requested:
- Move Item 15 and 16 after the Consent Calendar.
REPORT OF THE CITY MANAGER
Summary of Monthly Goals and Objectives Report - July
1994 .ff'2.30
ORAL COMMUNICATIONS
ACTION TAKEN
8:16 p.m. Mayor Fernekes presiding.
Council Present:
Council Absent:
Drago, Penna, Teglia, Yee and
Fernekes.
None.
The Pledge was recited.
PRESENTATIONS
Mayor Fernekes read the Proclamation aloud and
presented it to Ms. Lee.
Ms. Lee thanked the Council and presented a cam-
paign check to Ann Waters for the Westborough
Swimming Pool Fund Raising.
AGENDA REVIEW
City Manager Wohlenberg stated there were no
changes to the Agenda.
So ordered.
REPORT OF THE CITY MANAGER
City Manager Wohlenberg stated he left the report
on his desk.
Police Chief Raffaelli stated one of our officers was
shot last night while on foot patrol. He stated that
the prognosis is good, no vitals organs were hit but
he does have a bruise on his lung.
ORAL COMMUNICATIONS
No one chose to speak.
7/27/94
Page 1
AGENDA ACTION TAKEN
05:
COMMUNITY FORUM
CONSENT CALENDAR
Motion to approve Minutes of the Regular Meeting of
5/25/94, Adjourned Regular Meeting of 6/1/94 and
Special Meeting of 6/6/94.
COMMUNITY FORUM
Councilwoman Teglia reported on: the C/CAG
meeting she attended, there was much discussion on
the revamping of the C/CAG organization and a
Committee was formed; she volunteered Councilman
Drago to serve on the Committee; Ad Hoc Commit-
tee having to do with the airport and insulation for
all cities of homes; Visitor & Convention meeting
she attended with Sandra Carl on the performance
criteria and a report will be forthcoming.
Councilman Penna reported: a property owner on
Olive Ave. has a duplex and wants to add a master
bedroom and bath; if it exceeds 1,600 sq. ft. he
needs another car space; Planning staff told him he
needed two car spaces, because it falls into a non-
conforming use; problems with parking and set-
backs; this is stopping all construction, yet he knows
a Subcommittee exists to streamline the permit
process; he felt the Codes are not fulfilling the
intent; getting a lack of upkeep on property; etc.
Vice Mayor Yee stated he and Councilman Drago
serve on the Subcommittee, plus members of the
Planning Commission, but he felt it should not have
Planning Commissioners on it because of the prob-
lems in setting meeting dates.
Councilman Drago and Mayor Fernekes agreed.
Mayor Fernekes requested an update from staff on
the realignment of the Colma Creek Extension,
because of the concerns of the trailer court of BART
cutting through their property.
CONSENT CALENDAR
Approved.
Motion to confirm expense claims of 7/27/94.
Resolution approving agreement between the Colma
Fire Protection District and the City of S.S.F. for fire
prevention services.
A RESOLUTION APPROVING AN AGREEMENT
FOR FIRE PREVENTION SERVICES BETWEEN
Approved in the amount of $2,897,220.47.
Removed from the Consent Calendar for discussion
by Councilwoman Teglia.
7/27/94
Page 2
AGENDA ACTION TAKEN
CONSENT CALENDAR
Resolution - Continued.
COLMA FIRE PROTECTION DISTRICT AND
THE CITY OF SOUTH SAN FRANCISCO
o
Resolution authorizing the execution of two parcel
maps relating to the sale of specified surplus school
properties located at the Alta Loma and Avalon
School sites.
A RESOLUTION DIRECTING THE CITY MAN-
AGER TO PREPARE AND EXECUTE A PARCEL
MAP RELATING TO THE ALTA LOMA SCHOOL
SITE
A RESOLUTION DIRECTING THE CITY MAN-
AGER TO PREPARE AND EXECUTE A PARCEL
MAP RELATING TO THE AVALON SCHOOL
SITE
5. Motion to adopt ordinance for the purposes
historic preservation.
AN ORDINANCE ADDING SECTION 2.58.171 TO
THE SOUTH SAN FRANCISCO MUNICIPAL
CODE REQUIRING A PUBLIC HEARING PRIOR
TO DISPOSING OF MATERIALS ACCEPTED BY
THE CITY FOR THE PURPOSES OF HISTORIC
PRESERVATION
Motion to adopt ordinance adding and deleting certain
positions to and from the Competitive and Non-Com-
petitive Service. ~o~9 ~9
AN ORDINANCE OF THE SOUTH SAN FRAN-
CISCO CITY COUNCIL AMENDING CHAPTER
3.12 OF THE MUNICIPAL CODE BY ADDING
AND DELETING CERTAIN POSITIONS TO AND
FROM THE COMPETITIVE AND NON-COMPET-
ITIVE SERVICE
Resolution authorizing the installation of a two-way
stop sign at the intersection of Ferndale and Miller
Avenues. .b'~t9 ~
A RESOLUTION AMENDING RESOLUTION NO.
3812, AS AMENDED, WHICH ESTABLISHES
CERTAIN TRAFFIC REGULATIONS IN ACCOR-
DANCE WITH CHAPTER 11.16 OF THE SOUTH
CONSENT CALENDAR
Removed from the Consent Calendar for discussion
by Councilwoman Teglia.
ORDINANCE NO. 1146-94
ORDINANCE NO. 1147-94
RESOLUTION NO. 98-94
7/27/94
Page 3
AGENDA ACTION TAKEN
054
CONSENT CALENDAR
I. Resolution - Continued.
SAN FRANCISCO MUNICIPAL CODE
8. Resolution approving amendments to the City's Exec-
utive Management Compensation Program adding, at
no City cost, dependent care and non-reimbursed
medical provisions, f' '~ O O
A RESOLUTION AMENDING THE EXECUTIVE
MANAGEMENT COMPENSATION PROGRAM
Resolution approving agreement between the Colma
Fire Protection District and the City of S.S.F. for fire
prevention services. .~'-D q ~
A RESOLUTION APPROVING AN AGREEMENT
FOR FIRE PREVENTION SERVICES BETWEEN
COLMA FIRE PROTECTION DISTRICT AND
THE CITY OF SOUTH SAN FRANCISCO
(Cassette No. 2)
o
Resolution authorizing the execution of two parcel
maps relating to the sale of specified surplus school
properties located at the Alta Loma and Avalon
School sites.
A RESOLUTION DIRECTING THE CITY MAN-
AGER TO PREPARE AND EXECUTE A PARCEL
MAP RELATING TO THE ALTA LOMA SCHOOL,
SITE 5 / t91
A RESOLUTION DIRECTING THE CITY MAN-
AGER TO PREPARE AND EXECUTE A PARCEL
MAP RELATING TO THE AVALON SCHOOL
SITE
CONSENT CALENDAR
RESOLUTION NO. 99-94
M/S Penna/Teglia - To approve the Consent Calen-
dar with the exception of Items No. 3 and 4.
Carried by unanimous voice vote.
Councilwoman Teglia expressed concern that, even
though this was generating revenue, this was a year
of cutting back and questioned if this would require
more staff.
Fire Chief Stark stated he could do it with existing
resources by working with the Fire Marshal and
Deputy Fire Marshal and that it was a one year con-
tract.
M/S Teglia/Penna - To adopt the Resolution.
RESOLUTION NO. 100-94
Carried by unanimous voice vote.
Councilwoman Teglia stated she wanted to see a
map of what the Council was buying.
City Engineer Von Dohren stated it was parcel A
and a little piece in the configuration of parcel B
but it was not the lots below.
Councilwoman Teglia stated there was a dispute
over trees and questioned who has responsibility
of the trees.
Discussion followed: staff spent weeks and months
to work out the boundary lines, which are agreeable
to both sides; the new lot line has an area where
there is a grove of trees adjacent to an existing
ballfield; the trees were between the two proper-
7/27/94
Page 4
AGENDA ACTION TAKEN
CONSENT CALENDAR
[. Resolutions - Continued.
(Cassette No. 2)
7/27/94
Page 5
CONSENT CALENDAR
ties, will be used as a buffer and maintained by the
School District; there were three lots that were
divided to create the two parcels between Parcels
A and B and there are trees there; Councilman
Penna felt it would be better if Lot 5 is on Parcel B
for access and it raises question of access to
Parcel B in back; Vice Mayor Yee had the same
concern, because, if it was not developed, it could
be a bottleneck; combine the School properties into
one; no one wants to develop Parcel B by itself;
Councilwoman Teglia did not understand rational on
the shape of Parcel B; it was to grant themselves an
easement across it; Councilman Penna felt Parcel B
should include 5, 6, 7 & 8; Councilman Drago felt
5 & 6 were a natural for Parcel B; Councilwoman
Teglia wanted the line between 6 & 7 to reflect
elevation and felt we should go back to the School
District indicating concurrence on Parcel A and
raise questions on Parcel B; the parcel maps are a
requirement of escrow before it can close; the item
goes to the Planning Commission on 8/4/94, then
back to Council, escrow will close and the District
will get their money; if the property is developed the
City can put conditions to maintain the trees; wanted
heavy fines if the trees are removed; etc.
M/S Teglia/Penna - To adopt a Resolution authoriz-
ing the Manager to execute the parcel map specify-
ing school surplus property located at the Alta Loma
and Avalon School sites and considering the discus-
sion that has just taken place and the other
information pending.
Vice Mayor Yee stated he would vote no on the
resolution unless there is a new map, because he
could not accept Parcel B. He stated this was a
simple process, there needed to be a change in the
boundary of Parcel B, which includes 5, 6, 7 & 8,
and then have the Subcommittee deal with it.
Motion and Second were withdrawn.
MIS Teglia/Penna - To authorize the City Manager
to execute the parcel map, which includes Parcel B
and at least Parcel A - which includes Lot 5 and
maybe 6 and a configuration of Parcel B, and by
Resolution with the approval of the Subcommittee.
RESOLUTION NO. 101-94
AGENDA ACTION TAKEN
CONSENT CALENDAR
Resolution - Continued.
ITEMS FROM COUNCIL
15. Reappointments of Oscar Galeno and John Marvier to
the Library Board by the Mayor with the concurrence..,
of Council. o'~t9 2.
16. Appointment of Carol Lefcourt to the City Liaison
position on the Peninsula Library System. ~DZ.,-~
DMINISTRATIVE BUSINESS
Further consideration of information and options for
policies limiting institutional uses in the
Avalon/Brentwood areas (continued from 5/25/94.)
CONSENT CALENDAR
Carried by unanimous voice vote.
M/S Teglia/Penna - To adopt a Resolution by title
only dealing with the parcel map for the Avalon
School.
RESOLUTION NO. 102-94
Carried by unanimous voice vote.
ITEMS FROM COUNCIL
M/S Penna/Drago - To reappoint Oscar Galeno and
John Marvier to the Library Board.
Carried by unanimous voice vote.
M/S Penna/Teglia - To appoint Carol Lefcourt to
the City Liaison position on the Peninsula Library
System.
Carried by unanimous voice vote.
ADMINISTRATIVE BUSINESS
Chief Planner Solomon related that the Planning
Commission, at the Council's request, had prepared
the land use study of the subject area. He stated the
interest was in whether there was a need to change
City Codes to address institutional uses and staff
feels there is not a need - except possibly for design
controls to integrate the existing uses into the resi-
dential fabric.
He stated the study quantifies that the area has 335
acres, or is one half square mile, and it is zoned
residential, with about 1,300 single family lots. He
proceeded to relate: there are a significant number
of institutional uses, made more noticeable by their
clustering in the Country Club neighborhood; the 11
uses occupy only about 7% of the study area, are
generally on 3/4 of an acre lots and the institutional
uses have a significant effect on the neighborhood;
the principle potential impact of these uses is to
traffic and the neighborhood scale; he felt the traffic
could have a meaningful impact if the number of
institutions increased significantly; a greater im-
pact is the visual impact on the scale, architecture
and extent of their parking areas; he thought it
7/27/94
Page 6
~ENDA ACTION TAKEN
ADMINISTRATIVE BUSINESS
Further Consideration - Continued.
7/27/94
Page 7
057
ADMINISTRATIVE BUSINESS
unlikely there would be many more such uses in the
study area; the uses appear to be attracted to the
larger, Country Club neighborhood lots, while the
remainder of the study area has small lots; the
County has recently limited the number of such uses
permitted within the County island; S.S.F.'s General
Plan prohibits any more religious institutions
immediately adjacent to the Country Club area; it
may be appropriate to develop standards to try to
better integrate the existing uses into the neighbor-
hood; he did not feel that, at this time, it was neces-
sary to take steps to further limit these uses, because
they were unlikely to occur on the smaller lots; etc.
Mr. Joseph Stamatis, 269 Avalon Drive, stated for
the 5/25/94 meeting the staff report related a maxi-
mum number of institutional uses could be devel-
oped for the area around Country Club Park, as the
County did for their identified area. He stated the
City could define the number of institutional uses
for 50 or 100 acres of an overlay zoning district.
He stated that staff made the statement at that meet-
ing that the Planning staff believes the City's Gener-
al Plan should be amended to provide legal support
for the changes discussed above - the plan currently
provides, Policy 8-9, no additional religious institu-
tional uses should be permitted in the Country Club
Park neighborhood nor in the immediate adjoining
area.
He stated that General Plan Policy 8-13 says, any
new uses or structures on the Avalon or Southwood
properties should consist of single-family dwelling
units and/or park or open space uses, which are
compatible with surrounding uses. He stated that
these policies, part of Planning Area 8 - Avalon,
Brentwood and Southwood, are guidelines and are
not zoning laws.
He stated, the current staff report of 7/27/94 lists 12
institutional uses in the immediate area, staff also
states that the impacts of institutional uses are not
significant but that the cumulative impacts could be
in a relatively small area and he stated that they are
much - they are a bunch. He stressed the impor-
tance of having restrictions on the books, because,
once a property is purchased, plans are drawn and
an applicant applies for a use permit, it is too late
AGENDA
· S~DMINISTRATIVE BUSINESS
! 7. Further consideration - Continued.
7/27/94
Page 8
ACTION TAKEN
- 058
ADMINISTRATIVE BUSINESS
to talk about limits or uses. He stated the County
has limited institutional uses in Country Club Park
through a zoning ordinance and that is why the
residents were asking for a zoning ordinance to limit
further institutional uses for the area around Country
Club Park. Staff's study area was the whole
Avalon/Brentwood/Country Club Park area, 335
acres, but the problem exists in only about 60 or 70
acres.
The staff report, page 6 - neighborhood scale, says
there is a growing belief that the residential
neighborhoods can tolerate a wider range of com-
mercial use as is typical in the last 50 years,
as long as the scale is compatible with the
neighborhood homes - where a medical clinic is not
compatible, maybe a residential bungalow with one
Doctor can be compatible. He was not talking about
a single use like a Doctor or an Accountant in a
bungalow - he is talking about institutional uses. He
stated the staff report summary conclusion says, the
City should continue its effort regarding institutional
uses to insure that the existing uses are made more
compatible with the neighborhood fabric, scale or
appearance. Again, he was not talking about land-
scaping for design or appearance - he was talking
cumulative affects, i.e., he did not know what time
the churches have their meetings, but the possibility
exists that all have a 9:00 a.m. Sunday service -
now we are talking about 500 to 700 cars, all at the
same time, in a small area and within a ten or fif-
teen minute period - this is a cumulative affect.
This is why we want some action taken in this im-
mediate area. The City cannot look at it as a whole
area of S.S.F., you have to look at this as a neigh-
borhood problem.
Councilwoman Teglia questioned who had decided
about the neighborhood scale - the new thinking of
planners. The evidence in this City, irrespective of
planners, has been the opposite - Council had expe-
rience with one Doctor in a residential bungalow and
the neighborhood told us that what started out to not
be an impacted use became one, with the clientele
bookings and parking it was a real problem to the
area. So, the evidence was that it did not work.
There is a comment here that maybe we don't need
to talk about limiting any more uses - they are not
going to happen. What we need to do at this time
AGENDA ACTION TAKEN
---a, DMINISTRATIVE BUSINESS
Further consideration - Continued.
7/27/94
Page 9
ADMINISTRATIVE BUSINESS
is have standards that we can apply to the existing
uses, because most of the existing offending uses are
not in our jurisdiction. The County says no more,
but they are playing games with that too, yet staff
says the City had to wait for people to come forward
for a permit for expansion before we can do any-
thing.
She thought Council was addressing the immediate
City property, City jurisdiction around the County
island and making that somewhat compatible in
terms of additional institutional uses. She felt that
was being lost sight of and staff is saying it is okay
to keep our zoning the way it is and, if Ponderosa
School ever closes, we will deal with that - but that
is a County island. She further questioned the good
of having standards when they cannot be applied
outside of the jurisdiction.
Councilman Drago questioned the City policies that
limited these uses.
Chief Planner Solomon stated Policy 8-9 says, no
additional religious institutions should be permitted
in the Country Club Park neighborhood nor in the
immediate adjoining area, which was passed in
1986.
Councilwoman Teglia was concerned about new
legislation on religious institutions and how they
were treated.
Interim City Attorney Mattas stated the Council had
regulatory authority to the use and not necessarily to
the user, so you define a category of use and you
limit that category of uses to however you want to
distribute it within the City. If the City wants to
limit institutional uses, then he would cast it in that
vein.
Discussion followed: Councilwoman Teglia felt that
the City did not have protection and they should
change the language; Councilman Drago questioned
whether the religious use had ever been challenged,
because we prohibit uses in Country Club Park and
assume it will stand up; the neighborhood still has
concerns and he was willing to support legislation
to expand the prohibition from religious facilities
to include those uses that the neighborhood fears
ADMINISTRATIVE BUSINESS
}. Further consideration - Continued.
RECESS:
RECALL TO ORDER:
10. Resolution approving the Operating Budget for Fiscal
Year 1994-1995 and adopting corresponding appro-
priations. J"/~20
A RESOLUTION APPROVING THE FISCAL
YEAR 1994-1995 OPERATING BUDGET FOR THE
CITY OF SOUTH SAN FRANCISCO AND
ADOPTING CORRESPONDING APPROPRIATIONS
06o
ADMINISTRATIVE BUSINESS
the most, that have the greatest cumulative effect on
traffic and noise; he felt the neighborhood should
dictate its quality of life rather than the City in
the Brentwood/Avalon area; Interim City Attorney
Mattas suggested bringing back land use regulations
and define that; he could come back to the Council
with an institutional use limit, elaborating on
some of the negative affects of religious uses;
etc.
Mr. Stamatis stated the Council was referring to the
Religious Freedom Act of 1993, signed by the Presi-
dent. He stated the people are still trying to push
their project in on Alta Vista and are going with the
Act, but the residents feel the Religious Freedom
Act gives you the right to practice your religion, not
the right to build a church wherever you want.
Councilman Penna had concern over the Avalon
School site being developed massively and the City
would have to look at the way the use is operated,
then the City has regulatory authority.
Vice Mayor Yee stated Council had directed staff to
study different areas of the town and he suggested
curtailing the study of the whole City, because of
the amount of time this one area had taken.
Consensus of Council - To direct staff to come back
for information dealing with expanding the prohibi-
tion of certain uses dealing with the cumulative
affect on any neighborhood.
Council declared a recess at 9:50 p.m.
Mayor Fernekes recalled the meeting to order at
10:03 p.m., all Council was present.
City Manager Wohlenberg gave background infor-
mation: staff prepared a budget in late May for the
year; Council held four, very lengthy budget re-
views, with the last one being last Friday, and the
Council gave tentative policy direction: tonight's
action was for formal adoption of the budget; he
thanked Finance Director Margolis for her work on
the budget to encompass all Council modifications;
the Subcommittee wanted funding included for a
new position of Permit Coordinator to help the
entitlement process; if that is the decision, to
7/27/94
Page 10
AGENDA ACTION TAKEN
.--~DMINISTRATIVE BUSINESS
Resolution - Continual.
7/27/94
Page 11
06i
ADMINISTRATIVE BUSINESS
add a $50,000 position, it had to be stated for
the newly assembled budget document when adopt-
ed; tonight he had given the Council the updated
multi-year numbers - with the assumptions of the
State not taking away more money and employee
compensation stable for three years; this was a
conservative projection with many hard decisions
made regarding staffing and services in the future;
there was conceptual approval on new fees for busi-
ness licenses for auto retail storage yards and other
new revenue that would come forward in separate
actions to the Council; etc.
Mayor Fernekes stated that one of Council's direc-
tives on Friday was that the budget will be balanced
in equal revenues and expenditures with money
taken from Capital Improvements and the Equipment
Replacement Fund and questioned if that had been
done.
City Manager Wohlenberg stated yes, it has been
done.
Mayor Fernekes stated the figures he saw did not
show that being done in the summary tables and
show expenditures exceeding revenues - under the
projections shown, it is short $150,000.
City Manager Wohlenberg stated that included the
one time expenditures, making it $30,000 to the
positive.
Discussion followed: Councilwoman Teglia stated
the Equipment Replacement Fund had been reduced
by $100,000; she questioned the revenue enhance-
ments, the process and criteria to be used for the
emergency medical bills contract and whether the
contract had been let, because she had questions; she
further questioned where the performance audit of
the Scavenger Co. was in the budget; the paramedic
billing contract has yet to go before Council; the
performance audit was in the solid waste section of
the budget; etc.
Mr. Michael Gonzalez, 641 Zita Dr., stated he was
a 17 year Fire Department veteran, held the position
of Fire Captain and urged the Council to postpone
final approval of the budget on the restructuring plan
of the Fire Department. As a citizen he was out-
AGENDA ACTION TAKEN
--~DMINISTRATIVE BUSINESS
0. Resolution - Continued.
7/27/94
Page 12
ADMINISTRATIVE BUSINESS
raged - two years ago one of the firefighters was
taken off of the truck company, now there was a
proposal to remove another and then remove the
truck altogether. Two of our engines would then be
replaced with truck engines or quints and this will
reduce their ability to respond to areas inaccessible
to quints. The Chief has already stated that a one
man truck was unacceptable. He stated the quints
will not be able to provide services to every location
in town, seconds are the difference between safety
and tragedy and, when the emergency is yours,
those seconds are extremely important.
He stated that he, his mom, dad and friends live in
this town, the Fire Department has an obligation to
all citizens and, if you let them know, you will find
they do not want their fire services level cut - as
was reflected in the passage of Proposition 172. If
it is a matter of money, he would be happy to dis-
cuss an alternate plan that can save as much money
with no sacrifice to the personnel who respond to
the emergencies. He stated the current plan has
errors, will not produce the savings purported and
an alternative should be considered. If it is a
matter of priority, people would rather postpone one
of the items of the multiple projects the City is
trying to accomplish, because public safety is his
biggest concern - more than purchasing school prop-
erty, retrofitting City Hall and the expansion of
Orange Park. He urged the Council to put this issue
on hold and not make a hasty decision that will
affect the safety of all the citizens.
Councilwoman Teglia stated the plan had been
presented to the Council four or five weeks ago, as-
sumed it had been submitted to the Department and
questioned what the alternative was Mr. Gonzalez
mentioned.
Mr. Gonzalez stated this plan was presented 4 or 5
weeks ago, they have spent all this time showing
their concerns about this plan, they came up with
something just as effective but they don't have the
numbers. So, just a week ago they came up with an
alternative plan, did had not have the opportunity to
show it to the Chief nor did they have the num-
bers being considered for a budget reduction. He
requested a two week delay to run it through official
channels and see what the citizens want - if they
AGENDA ACTION TAKEN
--~,DMINISTRATIVE BUSINESS
~). Resolution - Continued.
7/27/94
Page 13
ADMINISTRATIVE BUSINESS
want a drop in the level of services. He stated he
would accept their decision, will still, on any day,
give his best to the City and that it was hurtful not
to give your best - because the equipment is not fast
enough to get there.
He hoped the Council would get feedback from the
citizenry, because he did not think the general public
realizes the cutbacks in this budget.
Discussion followed: City Manager Wohlenberg
thought the background was given in January or
February; Council looked at the budget and saw a
$1.3 million shortfall in each of the next three years;
staff was to identify options to close the gap; he felt
there were strong positives in the Fire Chief's plan;
Fire Chief Stark stated he had been working on this
project since early April, had met with the fire
companies and outlined the Council direction; he
had put forward all of the possible options, starting
with the closing of an engine company, and had
brought up the quint concept; he had come back six
weeks or so later, again identified the goals and the
direction and identified a plan that best meets all of
the needs based on the direction; there was a group
of Captains who came forward with a list of cost
saving measures but this was the first he had heard
about an alternative plan identified; Councilwoman
Teglia questioned how much time it would take to
draw up the specifications for the quint before it
went to bid; that would be shortly after the first of
the year; Councilwoman Teglia suggested, in the
interim, there is nothing to prevent anyone coming
forward and presenting a better way to do it and
Council could amend the budget; this first year plan
would be to eliminate three vacant fire positions,
with minimum staffing of 18 men, the reinstatement
of the EMS Manager and purchase of the defibula-
tors; the minimum manning means about 66% of the
time there will only be one person on the truck -
which was unacceptable to the Chief; year two of
the plan they would replace truck 61, but rather than
do that purchase a dual function engine, a quint,
with an aerial ladder, and staff that with three
people, hire six paramedics and get an ambulance
with staffing back to 20; in the third year replace an
engine with a dual purpose quint, with two aerial
ladders, and two ambulances with staffing at 20,
defibulators on all fire engines and make cuts
AGENDA ACTION TAKEN
.-~DMINISTRATIVE BUSINESS
0. Resolution - Continued.
7/27/94
Page 14
064
ADMINISTRATIVE BUSINESS
through attrition; Councilman Drago stated the real
issue is the use of the quint; he had not heard any
mention, at the Council level, of closing a fire
station; the Council was trying to provide increased
levels of service that are cost effective, efficiency
and reduced department costs; if you can't get con-
currence on the quint, you are not going to get it on
anything; Councilman Penna was open to any other
plans that may come up; Councilwoman Teglia
agreed but wanted to know the costs of not having
one man on a truck and have the alternative plan
presented; Councilman Drago suggested the Chief
hold up hiring the EMS Manager, as that will pay
for the overtime for two men on a truck; Fire Chief
Stark stated, without the EMS Manager, the plan is
doomed; it would be another $90,000 a year to staff
the second person, however, he would give up the
courier, which was not in the budget now; Council-
woman Teglia would endorse this tonight if, in the
first year, we do not let the manning fall to 19 until
the pieces fall into place; etc.
Mr. Tony Rivera, Vice President Local 1507, spoke
of the inefficiency of the quint when there was a
question of safety and loss of life and they had
information from a number of cities that are work-
ing on getting rid of the quints to alleviate the prob-
lem. He stated Mr. Dennen, who is our equipment
expert, wrote a very lengthy report on the quint and
there was a NFP film showing exactly what happens
in 15 seconds and 30 seconds on a medical scene.
They had talked about getting defibulators on the
engines, for there is a window on which that equip-
ment can work, but, when you are talking about a
quint that gets there slower, whether you have
defibulators or not it is still not going to work. He
stated you are talking about significant loss of life,
with a one to three minute lapse, he felt the informa-
tion should be relooked at by the Council and the
citizens and defer action for two weeks for the new
information.
Councilwoman Teglia wanted to provide them the
time but, if the Fire Department was looking for two
weeks to go out and beat the neighborhoods to bring
people in then forget it, because she was looking for
real alternatives to give Council what it needs.
AGENDA ACTION TAKEN
r S~DMINISTRATIVE BUSINESS
0. Resolution - Continued.
7/27/94
Page 15
065
ADMINISTRATIVE BUSINESS
Councilman Drago stated first of all, because of his
respect for the experience and knowledge of the Fire
Chief, he had to respect the Chief's knowledge of a
piece of equipment but, if it comes down to a ques-
tion of safety, he was sure organizations like the
National Fire Protection has committees dealing with
fire apparatus. This would give an unbiased report
on the capabilities and evaluations of the quint. He
stated, otherwise one side is going to say it is good
and the other it is not good. He would like to see
the reports from other cities and hoped this was not
an attempt to discredit the plan.
Councilwoman Teglia stated she never heard the
Fire Chief come in and say he wanted to replace
equipment with a quint - he said he was not crazy
about this but this is the best way with the money
we have.
Fire Chief Stark stated it is the most reasonable
option we have at this time, based on the criteria we
had going in. A quint is not a perfect engine, it is
not a sound utility vehicle that will allow us to
provide a fuller range of services. If there is anoth-
er plan, a better option, he wanted to hear it.
City Manager Wohlenberg stated that he observed
that the question behind the question is putting two
operations into one - an engine company and a truck
company and a change in overall staffing. We can
play the equipment thing all day long but if the real
issue is something else - overall staff, that should be
brought out and put on the table.
Vice Mayor Yee stated, if there is sincere concern
for the quint, then the Council must make sure it
will in fact do a good job and questioned if there
was another independent agency that can give assur-
ance that the job can be done, because either of the
parties involved has a motive behind their argument.
So, maybe we can have some independent agency,
before we order a quint, give us information before
we do or do not back the quint and then debate the
issue and meet our objective of balancing the bud-
get.
Fire Chief Stark stated he would pursue the matter
with a couple of agencies.
AGENDA ACTION TAKEN
ADMINISTRATIVE BUSINESS
0. Resolution - Continued.
7/27/94
Page 16
O66
ADMINISTRATIVE BUSINESS
Vice Mayor Yee stated he also wanted to see any
documentation the firefighters had on the quint that
was negative.
Discussion followed: Councilwoman Teglia did not
want minimum manning, even for a short time; if
$90,000 was going to be put back in the budget to
maintain the manning - where was the money com-
ing from; from the General Fund or reserves; Coun-
cil should not set a priority tonight without the
requested information on the quint; Mayor Fernekes
wanted the budget back on the agenda after it is
adopted tonight, to insure that it is a balanced bud-
get; adopt the budget with the proviso to not
reduce minimum manning of 20 at this time; etc.
M/S Drago/Teglia - To adopt the Resolution, main-
tain the minimum manning standard of 20 for the
Fire Department on an interim basis - until the com-
pletion of the quint report, and with the recommen-
dation of a balanced budget.
RESOLUTION NO. 103-94
Discussion followed: where was the $50,000 for the
new position of Permit Coordinator coming from;
the $150,000 came from the Westborough and
Dubuque Lighting Project in the C.I.P.; Vice May-
or Yee stated that adopting this budget will eliminate
the in-house City Attorney's Office, we should
approve the agreement with Nave's firm and, in the
meantime, staff should advertise and solicit bids for
a City Attorney; Councilman Drago wanted to go
with the Nave contract as proposed and, in the
meantime, see what City Attorney talent is out there
by having the Personnel Director advertise for a
City Attorney; Councilwoman Teglia would not
support that, because the contract says one year,
review at six months and, if not satisfied, go out for
a City Attorney; Vice Mayor Yee felt the Council
should proceed with the budget - but with the under-
standing we are going to look for a candidate by
going through with the recruitment of City Attorney
in conjunction with the agreement with Nave's firm;
he also felt the elimination of the City Attorney's
Office is a major thing and should be discussed in
public, believed having a good City Attorney in-
house, who the Council liked, is the best way to
go; Councilwoman Teglia had been in favor of
~ENDA ACTION TAKEN
067
---a. DMINISTRATIVE BUSINESS
Resolution - continued.
11. Resolution approving an amendment to the contract
with CH2M Hill in the amount of $523,000 and a
budget amendment of $590,000 for additional work,
on the Oyster Point Interchange Project. ~ ! !
A RESOLUTION AUTHORIZING AN AMEND-
MENT TO THE AGREEMENT WITH CH2M HILL
FOR CONTINUATION OF SERVICES DURING
CONSTRUCTION OF THE OYSTER POINT IN-
TERCHANGE AND APPROPRIATING SUCH
FUNDS TO THE CAPITAL IMPROVEMENT PRO-
GRAM
ADMINISTRATIVE BUSINESS
an in-house but had turned around; Councilman
Penna thought the decision he had voted on Friday
was to direct the Personnel Director to go ahead and
advertise, give it a 90 day try to find someone for
in-house and then take a serious look to leave the in-
house open and hire the Nave firm, based on the
stipulation we could cancel if we found an attorney
of our choice; he had gone with the stipulation
that it was short lived, unless they did not find a
City Attorney; he preferred an in-house attorney and
was not prepared to vote for the budget if they are
not going out for a City Attorney; Councilman
Drago reiterated his feeling in support of a contrac-
tual, outside attorney and his recollection was - the
last words were direction to the City Manager to go
with the existing budget that includes the contract
firm and then, rather than close any potential talent,
the Personnel Director was to go and see what sort
of candidates were out there, formally or infor-
mally; Councilman Penna wanted the City Attorney
portion of the budget removed until after the closed
session discussion, because he had a lot of questions
to ask in closed session in regards to the contract.
Carried by unanimous roll call vote.
City Manager Wohlenberg stated this amendment to
the contract is the amount needed to get the project
through September.
Vice Mayor Yee stated staff authorized work for
$370,000+ and he felt the City should pay CH2M
Hill through September, which is beyond what
Council approved last year. He related that the
$590,000 is from a development fee. He stated that
S.F. Water's share is $1.9 million, but they will
only pay $1.7 million and he had suggested the
amendment to keep the books straight.
Director of Public Works Parini stated the resolution
will reflect the $200,000 difference in S.F. Water's
share to make it very clear.
M/S Yee/Drago - To adopt the Resolution as re-
vised.
RESOLUTION NO. 104-94
Carried by unanimous voice vote.
7/27/94
Page 17
AGENDA
--a, DMINISTRATIVE BUSINESS
Resolution imposing assessments on certain property
owners for uncollected costs for abatement of aban-
doned vehicles during Fiscal Year 1993-1994 (con-
tinued from 7/13/94). ~ ~ '7 7
A RESOLUTION AUTHORIZING ASSESSMENT
OF COSTS FOR ABATEMENT OF ABANDONED
VEHICLES
ACTION TAKEN
ADMINISTRATIVE BUSINESS
M/S Penna/Yee - To adopt the Resolution.
RESOLUTION NO. 105-94
Carried by unanimous voice vote.
068
LEGISLATIVE BUSINESS
13.
Motion to adopt ordinance on Storm Water Manage-
ment and Discharge Control (continued from the
7/13/94 meeting.
AN ORDINANCE REPEALING CHAPTER 14.04
ENTITLED UNLAWFUL DEPOSITS IN STORM
SEWERS AND ADDING CHAPTER 14.04 ENTI-
TLED "STORM WATER MANAGEMENT AND
DISCHARGE CONTROL" OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE
PUBLIC HEARINGS
14.
Public Hearing - East of 101 Area Plan Final EIR and
amending the Housing Element; Conduct Public
Hearing; resolution certifying the East of 101 Area
Plan EIR; resolution adopting overriding consider-
ations for the unavoidable significant impacts of the
Plan; resolution adopting the Plan Mitigation Moni-
toring Program; resolution amending the Housing
Element, resolution adopting Final East of 101 Area
Plan. ,~,~ ~
A RESOLUTION CERTIFYING THE ADEQUACY
OF THE EAST OF 101 AREA PLAN ENVIRON-
MENTAL IMPACT REPORT (EIR)
A RESOLUTION ADOPTING OVERRIDING
CONSIDERATIONS FOR THE UNAVOIDABLE
SIGNIFICANT IMPACTS OF THE EAST OF 101
AREA PLAN
A RESOLUTION ADOPTING THE EAST OF 101
AREA PLAN MITIGATION MONITORING PRO-
GRAM
LEGISLATIVE BUSINESS
City Clerk Battaya explained that action had already
been taken on this item at the 7/22/94 meeting.
PUBLIC HEARINGS
Mayor Fernekes stated he had a potential conflict of
interest, left the podium and did not take part in the
discussion nor vote on this item.
Councilman Penna stated he had been told he had a
potential conflict of interest, although he did not
agree, he left the podium and did not take part in
the discussion nor vote on this item.
Mayor Pro Tem Yee opened the Public Hearing.
Chief Planner Solomon stated City Planner Carlson
will make comments on the Area Plan and the most
recent changes including those to the Housing
Element, David Early will discuss the findings of
the EIR and, after the Public Hearing is conducted,
the Council should adopt the resolutions for the EIR,
the Housing Element and the Area Plan.
City Planner Carlson described the Planning Com-
mission changes: LU-5C - there should be a "car-
rot" and a requirement for some type of fiscal off-
set to the granting of the higher floor ratio; the
7/27/94
Page 18
AGENDA ACTION TAKEN
· , 069
PUBLIC HEARINGS
4. Public Hearing - Continued.
A RESOLUTION AMENDING THE HOUSING
ELEMENT OF THE GENERAL PLAN
A RESOLUTION ADOPTING THE EAST OF 101
GENERAL PLAN AMENDMENT (AREA PLAN)
AND MAKING FINDINGS RELATED THERETO
PUBLIC HEARINGS
Commission attempted to make it clear, because it
is discretionary, whether it is a better site plan
or public amenities and it would be mandatory, in
their view point, that something be provided to
increase the floor ratios; RE-4 - to strengthen the
language to provide recreational improvements and
provide improved access to S.F. Bay for residents
and East of 101 employees; DE-48 - the Council
wanted the policy to be more discretionary but the
Commission felt strongly about it, asserted they had
been following the policy for 8 years - of not allow-
ing "can" signs, felt it had an aesthetic improvement
and did not see changing a beneficial policy; LU-2 -
responds to a speaker in adding clarification to a lot
of policies; modified LU-2 - to cite criteria on land
use; LU-4B - added some language to clarify that
motels and hotels could be granted a floor area ratio
of 1.6, but that was the maximum; NO-4 - was
clarified to insure new industrial developments do
not generate noise that exceeds defined decibels and
wanted to make sure, if they were responsible for
doing that, it was not affecting open space and
recreation areas and uses; GEO-13 - clarified that no
structure for human occupancy shall occur within 50
feet of identified active faults; etc.
He stated the Commission had received a comment
from Naphtali Knox to change page 58 of the white
pages by removing "Specific criteria regarding auto
storage are included in Policy LU 20 21", staff
concurred and deleted the sentence.
Mr. Early, Brady & Associates, stated his firm was
the author of the EIR, proceeded to describe the
document with the changes made by the Planning
Commission, that there will be a second addendum
to the EIR forthcoming, a change to page 358 of the
draft EIR should read "two other seasonal wetlands
may appear in the study area" and add
"in the Gateway Specific Plan"; he created a draft
and a response to comments; he identified impact
measures, because the Plan has self mitigation;
transportation measures were identified and mitigat-
ed, with the exception of impacts to the freeway
itself; construction noise will be mitigated on a case
by case basis.
Chief Planner Solomon stated the record shows a
letter received from James T. Graeb.
7/27/94
Page 19
AGENDA ACTION TAKEN~ 070
PUBLIC HEARINGS
4. Public Hearing - Continued.
7/27/94
Page 20
PUBLIC HEARINGS
Mr. A. R. Mason, 400 Oyster Point Blvd., ex-
pressed concern over LU 5-c, for sites of less than
20 acres to exceed the FAR subject to an approved
planned unit development - the Subcommittee had
agreed to the language being "should", but the Plan-
ning Commission said "shall" and that was included
in tonight's documents.
City Planner Carlson stated shall was not mandatory
- they are the kinds of things someone can do to
qualify but it does not say how you do it. He stated
that the Commission had changed five policies and
LU-5-3 was one of those.
Mr. Mason stated it was a matter of shall vs.
should. He was concerned, because it is difficult for
a tenant to get approval, plus spending $100,000 or
$200,000 to get the development permits through the
City.
Councilman Drago supported the change to should,
because it is an ambiguous and a subjective problem
anyway. He felt the document should be pro-de-
velopment and shall is mandatory.
Mr. Mason stated the other item of concern is the
down zoning of the property that is created by LU-2
that states "As a guideline, costs of on-site improve-
ments are encouraged to have a value at least two to
four times that of the market value of the land they
are built on." He felt this is a guideline for your
staff to consider what projects they will approve but
it is not beneficial to anyone but the large devel-
opers. He felt that LU-2 and LU-5a are contrary
and downgrade the property.
Discussion followed: the Gateway FAR is 1.25 and
Mr. Mason does not have a rating for his property;
the guideline is intended to steer the Council away
from undesirable uses; Mr. Mason pointed out that
staff's market is for biotech companies; Mayor Pro
Tem directed staff to remove the last sentence of the
policy.
Mr. David Baldwin stated there was prior agreement
that reference to the Gateway on pages 46, 47 and
48 would be deleted.
Consensus of Council - To remove reference to the
AGENDA ACTION TAKEN
PUBLIC HEARINGS
¢. Public Hearing - Continued.
(Cassette No. 3)
7/27/94
Page 21
071
PUBLIC HEARINGS
Gateway on pages 46, 47 and 48.
Mr. Baldwin stated there should not be reference to
the Gateway on page 99, paragraph 3.
Mr. Early stated that will be included in the second
addendum.
Mr. Baldwin wanted the land use entitlement to
conform to the land use limitations.
Interim City Attorney Mattas stated the new lan-
guage is clearer where the first language was amb-
iguous.
Consensus of Council - To go with the Interim City
Attorney and not change the language.
Mr. Baldwin continued with his concerns: change
from June of 1995 to 1994; Figure 14 should be
Figure 15; potential location to add to page 172;
Policy CON-5 requires a focused survey on unde-
veloped land, when undeveloped sites are always a
potential for rare plants to grow and wanted the
Gateway exempted.
Mayor Pro Tem Yee closed the Public Hearing.
Discussion followed: the fingers property will never
be zoned open space and there was no way to put a
path through there; BCDC requirements; how can
the City take criteria from another fault and apply it
to this one.
Consensus of Council - To delete Policy RE-2
M/S Teglia/Drago - To adopt the Resolution certi-
fying the adequacy of the Plan EIR.
RESOLUTION NO. 106-94
Carried by majority voice vote, Councilman Penna
and Mayor Fernekes abstained.
M/S Drago/Teglia - To adopt the Resolution of
overriding considerations.
RESOLUTION NO. 107-94
AGENDA ACTION TAKEN
PUBLIC HEARINGS
¢. Public Hearing - Continued.
Mayor Fernekes Returned to the Podium:
ITEMS FROM COUNCIL
15. Reappointments of Oscar Galeno and Joan Marvier to
the Library Board by the Mayor with the concurrence
of Council.
16. Appointment of Carol Lefcourt to the City Liaison
position on the Peninsula Library System.
GOOD AND WELFARE
CLOSED SESSION
I. Closed Session, pursuant to GC 54957.6, labor rela-
tions regarding AFSCME with its designated repre-
sentatives - City Manager, Assistant City Manager
072
PUBLIC HEARINGS
Carried by majority voice vote, Councilman Penna
and Mayor Fernekes abstained.
M/S Drago/Teglia - To adopt the Resolution on the
East of 101 Area Plan Mitigation Monitoring Pro-
gram.
RESOLUTION NO. 108-94
Carried by majority voice vote, Councilman Penna
and Mayor Fernekes abstained.
M/S Drago/Teglia - To adopt the Resolution
amending the Housing Element of the General Plan.
RESOLUTION NO. 109-94
Carried by majority voice vote, Councilman Penna
and Mayor Fernekes abstained.
M/S Teglia/Drago - To adopt the Resolution adopt-
ing the East of 101 General Plan Amendment (Area
Plan) and making findings related thereto.
RESOLUTION NO. 110-94
Carried by majority voice vote, Councilman Penna
and Mayor Fernekes abstained.
Mayor Fernekes returned to the podium at 1:12 a.m.
ITEMS FROM COUNCIL
Handled after the Consent Calendar.
Handled after the Consent Calendar.
GOOD AND WELFARE
No one chose to speak.
CLOSED SESSION
The Council chose not to hold a Closed Session.
7/27/94
Page 22
A~ENDA ACTION TAKEN
073
CLOSED SESSION
7. Closed Session - Continued.
and Director of Personnel, and, pursuant to GC
54956.8, to give instructions to the City's Negotiator
regarding negotiations with Jesus Armas concerning
the sale of property located at 368 Contour Street,
S.S.F. - instructions to Negotiator will concern:
price, terms of payment and/or both; and, pursuant to
GC 54957.6, to confer with Labor Negotiator, City
Negotiator, City Manager and Independent Counsel
and Interim City Attorney regarding the position of
City Attorney.
ADJOURNMENT:
CLOSED SESSION
M/S Yee/Teglia - To adjourn the meeting.
Carried by unanimous voice vote.
Time of adjournment was 1' 13 a.m.
RESPECTFULLY SUBMITrED,
City of South San Francisco
APPROVED.
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.
7/27/94
Page 23