Loading...
HomeMy WebLinkAboutMinutes 1994-09-14 Mayor Joseph A. Fernekes Council: Jack Drago John R. Penna .~Roberta Cerri Teglia Robert Yee M!N_.UIE_S City Council Municipal Services Building Community Room September 14, 1994 105 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: PRESENTATIONS Beautification Awards Proclamation - Coast Weeks and California Coastal Clean Up Day ~'0 c~ 7 (Cassette No. 2, the first cassette malfunctioned) Neighborhood Emergency Response Team Training Pro- gram .~o q b AC!!QN TAKEN 7:45 p.m. Mayor Fernekes presiding. Council Present: Drago, Penna, Yee and Fernekes. Council Absent: Teglia. City Clerk Battaya stated Councilwoman Teglia was in Italy on business. The Pledge was recited. PRESENTATIONS Parks & Recreation Commissioner Saloga and Beau- tification Committee Member Crossland presented the following awards: Commercial Category - Hungry Hunter; Residential - Herminigildo, C. T. and Armando Macale; Planting for Drought Years - Richard and Alda Ryan. Mayor Fernekes read the Proclamation aloud and presented it to Park & Recreation Commissioner Saloga and Beautification Committee Member Bar- bara Crossland. Park & Recreation Commissioner Saloga invited everyone to the Bay Cleanup on Saturday at 8:30 a.m. Fire Chief Stark stated this program's goal is to make residents self sufficient in the event of a disas- ter until professional help can arrive and assist them. He stated the 7/23/94 program was completed with 23 people attending and he proceeded to introduce the participants who were in attendance. He stated the response to the program had been tremendous and there was a waiting list for future programs. 9/14/94 Page 1 AGENDA ACTION TAKEN AGENDA REVIEW ity Manager Martel Requested: - Remove Item No. 17 and it will be agendized in Oct. REPORT OF THE CITY MANAGER ORAL COMMUNICATIONS COMMUNITY FORUM Consideration of current issues regarding the City/Unified School District Joint Use Agreement. ~ 1~9 ] AGENDA REVIEW So ordered. She stated that a revised resolution had been given to Council on Item No. 8, however, it only affects the title of the resolution. REPORT OF THE CITY MANAGER Acting City Manager Mattel introduced Interim Public Works Director Wykoff, a former, retired City Manager from Foster City, whom, she feels, brings a wealth of experience to the job. ORAL COMMUNICATIONS Ms. Maggie Pierson, Art Rise Theater, invited everyone to attend the current production of 'Edu- cating Rita', which has two more weekends to run at El Rancho School. Assistant City Attorney Chiozzo stated he wanted to augment a previous letter given to Council and proceeded to pass out a memo for Council's consid- eration in the Closed Session on a particular item. He also gave the City Clerk a copy of the letter for the record. COMMUNITY FORUM Mayor Fernekes related the following on negotia- tions between the City Council and the School Dis- trict: the purpose of the joint use facility agreement, which has been in existence for 16 years, is to pro- vide adequate facilities for the community and a more economical use; the previous agreement was in place for five years and expired 6/30/94; the City and the School District began negotiating the new agreement in January of this year; the City was pleased with the previous agreement and the new agreement was presented with three major requests by the District; I) the City cover the cost of operat- ing for the high school pool when the City is the exclusive user during the summer months - for a cost of $10,000, and, since the City would be the primary user of the pool, the Subcommittee would recommend that to Council; 2) the City provide year round custodial maintenance of the Spruce Gym, as well as the classrooms it utilizes for after school 9/14/94 Page 2 AGENDA ACTION TAKEN . 107 COMMUNITY FORUM 9/14/94 Page 3 COMMUNITY FORUM and child care programs - the Subcommittee did not feel it appropriate to maintain the Gym throughout the year, however, they would recommend increas- ing custodial responsibilities during the parochial school weekend use, three to four months a year, and would recommend we provide custodial services for the four classrooms we use for after school day care; 3) the City maintain the perimeter, the trees, shrubs and debris removal of the seven District athletic fields, for which we currently only maintain the ballfield portions; we maintain seven ballfields for the use of the public but we feel, Roberta and I, we would not recommend maintaining the perime- ters, due to the vast amounts of deferred mainte- nance that they require and the cost factor; we main- tain the field but not the perimeter; School District wants a one year agreement but the Subcommittee wants to keep it at five years and not renegotiate yearly; every time the Subcommittee met with the School District there was something new that would be broached; on 5/20/94 they raised the question of whether or not groups or activities not sponsored by the City, like the parochial school athletics, should continue to be recognized under the joint use facili- ties agreement or should facility requests for these people be handled by the District; the City expressed a desire to have the parochial schools continue to work through the Department of Parks & Recreation to schedule facilities, rather than going directly to the School District; this has been done for many years successfully, pays for itself and is supervised; on 8/3/94 staff of both bodies met to have discus- sions on the JPA and it was proposed, at that time, by the School District that a fee should be estab- lished for the use of classrooms for the City's day care and achieve full recovery of their operating costs; it was noted the District is unable to capture its full operating costs in its own day care program fees and remain competitive to the City; this pro- gram is very economic and we are supplying a service to the School District; a fee increase of $3.00 per day per child would have to be placed on that; the actual cost they presented to the City was $12,000 per classroom, per 9 months use; we felt that was exorbitant and asked they justify those costs; it has been over a month and they have not gotten back to the City; in August the School Dis- trict approved a fee of $10.00 per hour for the parochial schools to use the District's gymnasium, AGENDA ACTION TAKEN COMMUNITY FORUM 9/14/94 Page 4 108 COMMUNITY FORUM this is in addition to the $12.00 per hour the City has been charging the parochial schools for staffing the facilities; unable to pay a total of $22.00 per hour, on 8/31/94 the parochial schools regretfully decided to work directly with the School District to schedule gymnasiums; the $10.00 District fee does not include any staffing or maintenance of these facilities; now the School District has taken that program over; then the District offered the City a compromise proposal, however, the agreement has not been reached; the City made a recommendation to the School Board, through the Subcommittee, in January or February to purchase the Spruce Gymna- sium and have yet to hear a response; the $10.00 proposed fee from the parochial school for cost recovery for lighting, heating and having a custodian leaves it open - the majority of the time the school uses will require custodial overtime, so there will not be a cost recovery there; as recently as Septem- ber 8th the District proposed an increased amount to use their fields at a future date; the City maintains half of the District's fields right now and has been fair for 16 years. He related that on Monday he received a phone call from Shirley Hoch, School Board President, and she said she wanted to get together with him as Mayor, the Superintendent and the City Manager to hammer out an agreement. This bothered him, because the public has the right to attend any meeting and give public input and felt this was precluded and is like a backroom deal - which he opposed. He was also concerned that the School Board President was not a member of the Subcommittee, who are Board- members Braschi and Latham and are the ones who should be representing the District. He further saw a problem when you have three members involved with the project, which could be in violation of the Brown Act. He told President Hoch he had to check his calendar, he did and felt uncomfortable that Council would have to give clear direction on the term of the JPA. He had to ask if Council wanted one year or five years and he called her back and told her that. She told him she could not meet because she had a Rota- ry meeting and wanted to contact another Council- man. So, she has involved another Councilman, however, no one has mentioned being contacted by AGENDA ACTION TAKEN COMMUNITY FORUM 9/14/94 Page 5 109 COMMUNITY FORUM Shirley. He related: he talked to Roberta on the latest proposal at length - on the one year agree- ment; both had tossed it around and came to the conclusion to postpone it, because there are two members up for reelection. He stated this bothered him, because he wanted to get a five year agreement and bring this to a conclusion. Discussion followed: the question is - a one year or a five year agreement, because what will happen is we will be back here every year negotiating; concern over the School Board President trying to strike an agreement different than that of the liaison subcom- mittee of the School Board; the City had always proposed a five year agreement and the Board pro- poses only one; Councilman Drago commented a year ago on why they were being difficult on the redevelopment area agreement when we were trying to effect the funding of BART, plus boundary lines of the surplus property; these are public facilities; Councilman Penna wanted to see a permanent JPA; the City requires private and public agencies to maintain their facilities; this should have been settled at the Subcommittee level; etc. Vice Mayor Yee asked the Fire Chief to give a report on a fire on Shannon. Fire Chief Stark stated there were two significant fires in the last ten months caused by high prevailing winds at the time. Embers from the fire spread to a shake roof, an attic and spread to a house a block away. He recognizes that wood shake roofs are a problem and there is a serious problem - because there are 660 homes that don't have spark arresters on their shake roofs. He stated that, during fire pre- vention week, they would be going door to door on the spark arresters and telling people of the danger of the wood shake roofs and there will be a public service announcement on Cable TV. He also wanted to provide information to home- owners when they replace their wood shake roofs and proceeded to speak of costs for the spark ar- resters if installed by a contractor or a property owner. Councilman Penna stated he received a phone call from a resident of the Treasure Island Trailer Park A~ENDA ACTION TAKEN 110 COMMUNITY FORUM CONSENT CALENDAR Motion to approve Minutes of the Special Meeting of 6/24/94, Special Meeting of 7/11/94, Special Meeting of 7/13/94, Regular Meeting of 7/13/94, Special Meeting of 7/22/94, Special Meeting of 7/27/94 and Special Meeting of 7/27/94. 2. Motion to confirm expense claims of 9/14/94. Resolution approving job specifications for the Solid Waste Coordinator and the Communications and Technical Services Manager and Amending the Man- agement and Confidential Group Compensation Plan. Page 6 COMMUNITY FORUM on El Camino concerning a meeting attended by that individual regarding the BART right-of-way and the Colma Creek line up. The meeting centered around the Colma Creek realignment along the Trailer Park and the purpose, as he understood it, was because of the BART line going through Colma. He was told that the BART line will create more rain runoff and will increase the water flow in Colma creek. He asked that staff investigate this further, because, if BART is affecting the water shed and right-of- way, an EIR should be done. Vice Mayor Yee stated he was quite familiar with the issue and had also received phone calls. He felt Council should get a summary report, so that they all know exactly what it is about, because the pro- posal for realignment of Colma Creek affects the Trailer Park. Acting City Manager Martel stated staff is going to start work on that right away and get a report out. Councilman Penna stated he had never received any comments from any Department Head on the dis- mantling of the City Attorney's Office. City Clerk Battaya stated, except from her - because she had objected twice to the elimination of an in- house City Attorney. Councilman Penna acknowledged the fact that she had objected. CONSENT CALENDAR Approved. Approved in the amount of $6,127,862.89. AGENDA A~TION TAKEN CONSENT CALENDAR Resolution - Continued. A RESOLUTION AMENDING THE CITY OF SOUTH SAN FRANCISCO'S MANAGEMENT AND CONFIDENTIAL GROUP COMPENSATION PLANS CONSENT CALENDAR RESOLUTION NO. 112-94 111' o Resolution accepting an award of $10,000 from the Aetna Health Plans of Northern California Fund and approving Budget Amendment to the 1994-1995 Operating Budget. A RESOLUTION ACCEPTING A GRANT FROM THE AETNA HEALTH PLANS OF NORTHERN CALIFORNIA FUND FOR $I0,000.00 AND AP- PROVING BUDGET AMENDMENT NO. 95-1 TO THE 1994-1995 OPERATING BUDGET Motion to accept the Airport Blvd. Street Lights Project as complete in accordance with the plans and specifications. Motion to accept the Street Resurfacing Program as complete in accordance with the plans and specifica- tions. .5'~ Resolution approving plans and specifications and advertise for bids for the Westborough Park Play Area. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR THE WESTBOROUGH PARK PLAY AREA Resolution awarding construction contract for repairs to roof and beams on Fire Station #4 to Helex Engi- neering and Construction, Inc. in the amount of $27,750.00. ,~-0~0 A RESOLUTION AUTHORIZING AND DIRECT- ING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR REPAIR OF GLULAM BEAMS AND REPLACEMENT OF THE ROOF AT FIRE STATION NO. 4 Resolution authorizing contract with Arthur Anderson for review of proposed Blue Line Transfer Rate Study Removed from the Consent Calendar for discussion by Vice Mayor Yee. Removed from the Consent Calendar for discussion by Vice Mayor Yee. So ordered. Removed from the Consent Calendar for discussion by Councilman Drago. RESOLUTION NO. 113-94 Removed from the Consent Calendar for discussion by Vice Mayor Yee. 9/14/94 Page 7 A~ENDA ACTIQN TAKEN CONSENT CALENDAR Resolution - continuexl. for 1994-95. A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR TRANSFER STATION RATE REVIEW AND APPROVING BUDGET AMEND- MENT 95-3 10. Resolution authorizing an agreement with Meyers, Nave, Riback, Silver & Wilson for City Attorney services. A RESOLUTION OF AWARD OF CONTRACT TO MEYERS, NAVE, RIBACK, SILVER & WILSON, A PROFESSIONAL CORPORATION OF ATTOR- NEYS, TO PRACTICE LAW FOR THE CITY OF SOUTH SAN FRANCISCO 11. Resolution authorizing the carry over of funds for the purchase of surplus school sites. ~3 7 7 A RESOLUTION APPROVING BUDGET AMENDMENT 95-4 TO THE 1994-1995 OPERAT- ING BUDGET FOR THE PURCHASE OF SUR- PLUS SCHOOL SITES 12. Resolution authorizing an agreement with Corlett, Skaer and DeVoto Architects, Inc. for the Aircraft Noise Insulation Project Phase IX. A RESOLUTION AUTHORIZING AND DIRECT- ING THE CITY MANAGER TO PREPARE AND EXECUTE AN AGREEMENT FOR ARCHITEC- TURAL DESIGN AND CONSTRUCTION SUP- PORT SERVICES FOR THE AIRCRAFT NOISE INSULATION PROJECT PHASE IX Resolution accepting an award of $10,000 from the Aetna Health Plans of Northern California Fund and approving Budget Amendment to the 1994-1995 .fro 23 Operating Budget. _~1 2.0 CONSENT CALENDAR 112 Removed from the Consent Calendar for discussion by Vice Mayor Yee. RESOLUTION NO. 114-94 Removed from the Consent Calendar for discussion by Vice Mayor Yee. M/S Penna/Yee - to approve the Consent Calendar with the exception of Items No. 4, 5, 7, 9, 10 and 12. Carried by unanimous voice vote. Vice Mayor Yee stated he wanted to give recogni- tion to City Librarian Dancy for this award. City Librarian Dancy stated the funds will be used to purchase consumer health related informa- 9/14/94 Page 8 ~ENDA ACTIQN TAKEN 113 o Resolution - Continued. A RESOLUTION ACCEPTING A GRANT FROM THE AETNA HEALTH PLANS OF NORTHERN CALIFORNIA FUND FOR $10,000.00 AND AP- PROVING BUDGET AMENDMENT NO. 95-1 TO THE 1994-1995 OPERATING BUDGET Motion to accept the Airport Blvd. Street Lights Project as complete in accordance with the plans and specifications. ~,~'D~ O Resolution approving plans and specifications and advertise for bids for the Westborough Park Play Area. 50~ A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR THE WESTBOROUGH PARK PLAY AREA 9. Resolution authorizing contract with Arthur Anderson for review of proposed Blue Line Transfer Rate Study for 1994-95. 5 ~ 7 ~ A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR TRANSFER STATION RATE REVIEW AND APPROVING BUDGET AMEND- MENT 95-3 tion, so that a person can look up any medical prob- lem and find an answer in layman's terms. M/S Yee/Drago - To adopt the Resolution. RESOLUTION NO. 115-94 Carried by unanimous voice vote. Vice Mayor Yee stated he was not opposed to this project, but wanted it known that this was an undergrounding project coming from PG&E. City Engineer Von Dohren stated this was at Airport and Randolph, the City would receive $250,000 a year and there was $250,000 built up to do East Grand and So. Airport Blvd. and east of the free- way. Vice Mayor Yee stated he wanted a report on the money and what programs are anticipated. M/S Yee/Drago - To accept the Airport Blvd. Street Lights Project as complete in accordance with the plans and specifications. Carried by unanimous voice vote. Councilman Drago questioned if staff could pursue having another basketball court. Director of Parks, Recreation & Community Ser- vices Nagel stated there was $190,000 in the fund. M/S Drago/Yee - To adopt the Resolution. RESOLUTION NO. 116-94 Carried by unanimous voice vote. Vice Mayor Yee stated the agreement did not state how long it would take to complete the study. Acting City Manager Martel stated she did not know. M/S Yee/Drago - To approve the Resolution with the understanding that the time of completion will be forwarded by staff to Council and, if not - do not sign the contract. 9/14/94 Page 9 AGENDA ACTION TAKEN 10. Resolution- Continued. Resolution authorizing an agreement with Meyers, Nave, Riback, Silver & Wilson for City Attorney services. A RESOLUTION OF AWARD OF CONTRACT TO MEYERS, NAVE, RIBACK, SILVER & WILSON, A PROFESSIONAL CORPORATION OF ATTOR- NEYS, TO PRACTICE LAW FOR THE CITY OF SOUTH SAN FRANCISCO 12. Resolution authorizing an agreement with Corlett, Skaer and DeVoto Architects, Inc. for the Aircraft Noise Insulation Project Phase IX. ..,-52.~ A RESOLUTION AUTHORIZING AND DIRECT- ING THE CITY MANAGER TO PREPARE AND EXECUTE AN AGREEMENT FOR ARCHITEC- TURAL DESIGN AND CONSTRUCTION SUP- PORT SERVICES FOR THE AIRCRAFT NOISE INSULATION PROJECT PHASE IX RESOLUTION NO. 117-94 Carried by unanimous voice vote. Vice Mayor Yee asked that the word installments be eliminated from Section 5.4 and questioned costs and expense on page 9 under Section 8.6. He understood expenses for special services but ques- tioned if that was for base services as well. Interim City Attorney Mattas explained they might have to do municipal court actions, hire a court report or do depositions that his firm would pay out of their pocket. Vice Mayor Yee stated if this was in-house the City would pay that directly, because the City pays basic services, which include court reporters and court fees. Interim City Attorney Mattas stated he could omit the last sentence - where it would only refer to spe- cial services. M/S Drago/Yee - To adopt the Resolution. RESOLUTION NO. 118-94 Carried by majority voice vote, Councilman Penna voted no. Vice Mayor Yee stated it was unclear where the money was coming from. City Engineer Von Dohren stated that part of Item No. 16 is the beginning of the $120 million from the Airport for noise insulation and this was for design services and support during construction for the individual designs. Vice Mayor Yee thought the City was getting a management firm for this Project. City Engineer Von Dohren related: the management firm will be an item on the 9/28/94 meeting; this item is for the first of the 6,800 homes; he expected that later 1,200 homes will be done each year. Discussion followed: Vice Mayor Yee expressed concern over priorities and felt they should be done quickly; the City Engineer will come to the 9/14/94 Page 10 AGENDA ACTION TAKEN 12. Resolution - Continued. RECESS: RECALL TO ORDER: ADMINISTRATIVE BUSINESS 13. Reconsideration of metering for Public Parking Lot #5, as recommended by the Parking Place Commis- sion (continued from 8/10/94). ~ ! ~1 Councilman Penna Left the Podium: Council on the 28th on the priorities of single home vs. multi-family home, but the 1993 footprint has to be done first and this is approval of the $500,000; if the City receives FAA funds then the critical element is that the funds have to be given back to the Airport; Vice Mayor Yee felt it would be a complex discussion on the 28th and there would not be a consensus; he spoke of the need for a study session; suggestion of the first Wednesday in Octo- ber; no, that is the Town Hall meeting - try the 19th; Councilman Drago questioned if it would be prudent to solicit funds from the FAA; FAA won't have funds for another year, after they finish the 1,000 homes; all the money will come out of the $120 million and the Airport demands we make application to the FAA; there is still the $10 million; the City needs enough from the FAA to do the 600 homes before the footprint changes; Vice Mayor Yee stated Council was only going to explore the alternatives and he could not see Councilwoman Teglia being opposed; he suggested continuing the item to the 28th; the City Engineer felt there was a time problem because there were 451 houses they wanted to start, however, if Council approved the architect tonight he can be ready to go; Vice Mayor Yee felt that within the 451 homes there may be homes we don't want to do, which he wanted to discuss next week at a study session; etc. Council adjourned to a recess at 9:17 p.m. Mayor Fernekes recalled the meeting to order at 9:27 p.m., all Council was present. ADMINISTRATIVE BUSINESS Councilman Penna questioned if he had a conflict of interest in that he has two pieces of property and a business in the area. City Attorney Mattas stated Councilman Penna can speak to the personal aspect, but must step down from the podium. Councilman Penna left the podium at 9:20 p.m. Finance Director Margolis related background infor- mation and the Council direction to provide en- hanced parking for customers doing business in the downtown area. She stated Lot #5 was considered to be a prime location, because it is connected to 9/14/94 Page 11 AGENDA A~!!QN TAKEN ADMINISTRATIVE BUSINESS 3. Metering - Continued. 9/14/94 Page 12 ADMINISTRATIVE BUSINESS Grand Avenue by the breezeway. She stated the Parking Place Commission postponed implementing the change until they could solicit comments from the merchants and customers on the impacts it will have on Lot//12. She stated a survey was received, with 50 signatures, asking the Council not to go through with the changes. She stated Mr. Jim Metz conducted an individual traffic count and took pictures to provide evidence that the metered spaces are spaces that are generally vacant and permit spaces are generally full. She stated that, in view of the comments received and the substantial interest conveyed with the sur- vey, the Parking Place Commission requested this item be brought back to the Council for reconsidera- tion and possibly a new directive to the Commis- sion. Councilman Drago stated he started the uproar, because it is his opinion and belief that the Council and those starting the District felt that lots closest to the stores should be for the consumers and the lots on the perimeter are for the employers and/or em- ployees. He did not believe the breezeway had been built for the purposes mentioned. He stated it's unbelievable to him that businessmen are more con- cerned about their own parking spaces than their customers' spaces. He saw that block - where it was the opposite - where the permit parking was unoccupied and the metered parking taken, but, if this is what they want, he would not be a thorn in their side. He did have a problem with one merchant writing a letter to Assemblywoman Speier, complaining that only residents can sit on the Board, and that she said she will carry that legislation - if they are registered voters in the County then they could sit on the Board. However, he was satisfied in having only residents on this Authority. He was getting to the point of saying, take out all of the meters - because Council was getting it from both ends, so let them police their own problems. Vice Mayor Yee stated he was in agreement with Councilman Drago. ~ENDA ACTION TAKEN . 117 ADMINISTRATIVE BUSINESS Metering - Continued. 14. Review and comment of the basic concepts of regula- tions limiting the number of institutional uses in neighborhoods adjoining Country Club Park. ~'O~a ADMINISTRATIVE BUSINESS Concurrence of Council - To not take action on Lot //5. Chief Planner Solomon stated this report was a conceptual plan, based on Council direction to limit the number of institutional uses in neighborhoods adjoining Country Club Park. He defined the basic strategy in the report: define institutional uses; define the area where the regulations will apply; establish a criterion which will limit the number of such uses; then how to apply this criteria - all of the areas from El Camino up to 280 or should we look at a radius around Country Club Park; staff came up with a definition which is roughly three to five hundred feet following roadways for definition and continuing the residential around Country Club Park; etc. He stated staff looked at what standards to apply: we can say we are going to prohibit all institutional use in the future and that will make all uses non-con- forming; we can say, within the overlay district we cannot allow institutional uses to be within a certain radius - 1,000 feet, and have the effect to disburse them throughout the areas. He stated the County used the approach "per acre" and staff is suggesting limiting it to the existing number, approximately three, and that would be all the existing uses allowed. Staff was proposing an overlay zoning district to define the portion of the R-1 zoning where controls on institutional uses would be applied; etc. Mr. Joe Stamatis, Avalon/Brentwood Homeowners Assn., stated that what he heard tonight was won- derful, because his homeowners group was con- cerned with he present zoning. He related: his understanding of what the City's Master Plan said about this area: the City had made the County Board of Supervisors and County Plan- ning Commission aware of its prezoning of the Country Club Park area; the County Planning Com- mission had agreed with this City and asked the Board to limit institutional uses in Country Club Park; the Board agreed and passed an ordinance. He felt it was illogical for the City to go on record 9/14/94 Page 13 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS *. Review - Continued. 9/14/94 Page 14 ADMINISTRATIVE BUSINESS prezoning Country Club Park and then allow insti- tutions to be built across from Country Club Park. That was why the homeowners group had asked the Council to limit the use adjoining Country Club Park before there are any applications for a use permit. Discussion followed: the General Plan would have to be amended; there was a question of whether there were other amendments eminent, because it could only be amended 3 or 4 times a year; the only pendings were for Sunset, the Robeson Project at Stonegate or uses East of 101; Council had to give direction on the three questions staff outlined; was the definition of institutional uses adequate; Vice Mayor Yee felt it should not be so many institutional uses per acre and what the Council had in mind should be the same criteria as the County's, i.e., so many per acre or a minimum distance; his personal view is to have a minimum distance between each use; it could be applied to the whole City rather than to one neighborhood; he suggested a general re- quirement of one institutional use every 500 feet; when they originally came before Council the major concern was traffic impacting the Avalon/Brentwood area and Councilman Penna had asked for a traffic count and how that compared with the traffic counts five or ten years ago; he also wanted to know what the difference is between traffic Monday through Friday, during normal hours, and on Saturdays and Sundays; that report had never come to Council; he agreed with Vice Mayor Yee that this would isolate a particular mass of the City without understanding why we are doing it, unless there are politics involved; he wanted to see the study done; the Council had been provided with comparable data in a recent application; etc. Mr. Stamatis stated the County had done a traffic study as of January 1993 and, in Country Club, the average is 2,457 cars on Alida and, on Sundays, there could be several hundred cars going to the existing churches in the area. He stated the residents in Country Club Park had tried for 14 years to maintain the country atmo- sphere and slowly but surely they have been losing the ability to maintain the rural area due to the churches. He stated that they have nothing against AGENDA ~TION TAKEN ADMINISTRATIVE BUSINESS ¢. Review - Continued. 9/14/94 Page 15 1'19 ADMINISTRATIVE BUSINESS churches but they take something away and, when you get 8 churches in an area of 70 acres, it takes away from country life. He stated that traffic was one issue, but retaining the character of the area is something the government should have a compelling reason to maintain. Discussion followed: the Acting City Manager will get the Council a copy of the County report; was the problem the churches or were people using Country Club Park as a flow through to go to Junipero Serra; the churches were not serving just the people of this area; on a one acre lot a 6,000 to 8,000 square foot church building could be erected; the Manila Ave- nue Church is proposing to serve 364 people; there would be hearings before the General Plan Amend- ment is adopted; Council could set a limit by acre- age and then spread the institutional uses out within a radius; etc. Ms. Elaine Bill stated that the majority of problems are created by institutional uses and, three weeks ago, one of the churches had 700 people there, there was screaming and yelling, no privacy and two or three hundred cars blocking the streets. She stated the institutional uses are creating prob- lems in traffic, the thorough fare is one, but the institutions have greater impacts to Country Club Park with all of their activities. She stated the Council did not have these uses in their backyards. Discussion followed: Vice Mayor Yee wanted this to apply to all neighborhoods, not just to this one; the merchants had a problem with a church on Grand Avenue, some months back, where, when the congregation was in attendance, there were no park- ing spaces; Council had directed staff to look at all areas of the City and start out with the Country Club Park area; the intent is to maintain the character of a residential neighborhood; Acting City Manager Mattel stated staff would provide an informational report, as well as a traffic count, before coming back to Council; can the City make this work and make the current use conforming; it could be made applicable and that gives expanding rights; a non- conforming use cannot refinance their property - which is a natural curtailment; it would be handled AGENDA AgX!~N TAKEN ADMINISTRATIVE BUSINESS ¢. Review - Continued. 15. Report on a criteria and standards for the seismic loan program(s) _~o~C~ 120 ADMINISTRATIVE BUSINESS by grandfathering it in; the City could study the existing institutional uses in the overlays, because Councilman Drago would hate to see them in a non- conforming use; what was considered an over saturation of a use and Councilman Drago felt that point had been reached in an R-I area; etc. Consensus of Council - To consider a standard that will apply to all neighborhoods of the City. Interim Director of Economic & Community Devel- opment Beyer related: the ordinance will come forward next month; there are presently 11 buildings the program would apply to; the property owners cannot get a loan to do the work, cannot recapture the money and could lose their buildings; there could be a loan program if the Council wanted to move ahead, but not for empty buildings; there was a need for updated appraisals; this work was being recommended for safety issues; the Council could set aside $200,000 for such a program. Councilman Penna questioned if he could participate in the discussion, since none of his owned or man- aged buildings are on the URM list. City Attorney Mattas stated Councilman Penna did not have a conflict of interest. Mr. Alan Askar complimented staff on the compre- hensive staff report but questioned the values of buildings represented in the report. Interim Director of Economic & Community Devel- opment Beyer stated the recommendation was to not go over 50% of the value and, in most cases, the City would need an appraisal. Mr. Askar stated he had a problem with the value of the buildings and not with the value of the property when that value is for collateral. He asked the Council to look at other factors. Discussion followed: the value of the property came from the Assessor's Office; the interest rate would depend on the individual situation; the $200,000 came from the Downtown Redevelopment District; the intent is to not put people out of business; why not enhance the property and upgrade it - not just 9/14/94 Page 16 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 5. Report - Continued. 16. 17. Resolution appropriating $5,260,000 in a Capital Improvement Budget for FY 1994-95 for Phase IX of the Aircraft Insulation Program. A RESOLUTION APPROPRIATING FUNDS FOR THE 1994-1995 CAPITAL IMPROVEMENT BUD- GET (AIRCRAFT NOISE INSULATION PROJECT - PHASE IX) Resolution approving Supplement No. 1 to Degenkolb Structural Engineer's Agreement for plans, specifica- tions and costs for the seismic upgrade of City Hall and the Grand Ave. Library; Resolution of award of contract to Geo/Resource Consultants, Inc. for addi- tional soils investigation, not to exceed $15.000. A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH DEGENKOLB STRUCTURAL ENGINEERS FOR THE DESIGN OF SEISMIC UPGRADES OF CITY HALL AND GRAND AVENUE LIBRARY A RESOLUTION AUTHORIZING AND DIRECT- ING THE CITY MANAGER TO AWARD A CON- TRACT TO GEO/RESOURCE CONSULTANTS, INC. FOR ADDITIONAL SOILS INVESTIGATION IN THE SEISMIC UPGRADE OF CITY HALL AND GRAND AVENUE LEGISLATIVE BUSINESS 18. Motion to waive reading and introduce an ordinance adding and deleting certain classifications. 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 ADMINISTRATIVE BUSINESS retrofit; there are several URM buildings that do not have housing. M/S Drago/Yee - To approve the framework and move on it. Item was postponed to the Adjourned Regular Meet- ing on 9/21/94. Removed from the Agenda by Acting City Manager Martel. LEGISLATIVE BUSINESS City Clerk Battaya read the title of the ordinance in its entirety. M/S Yee/Penna - To waive reading and introduce the Ordinance. Carried by unanimous voice vote. 9/14/94 Page 17 AGENDA A~TION TAKEN ITEMS FROM COUNCIL Appointments to the Parking Place Commission. ITEMS FROM COUNCIL 122 Mayor Fernekes recommended the appointment of Marie Peterson to the Parking Place Commission. M/S Teglia/Drago - To appoint Marie Peterson to the Parking Place Commission. Carried by unanimous voice vote. CLOSED SESSION 20. Closed Session: pursuant to GC 54957.6, conference with Labor Negotiators, Acting City Manager, Inter- im Assistant City Attorney Mattas and Director of Personnel regarding the Assistant City Attorney; GC 54957, to meet with Acting City Manager and Per- sonnel Director to discuss "Y" rating policy; pursuant to GC 54957, to meet with the Labor Relations Offi- cer to discuss a Police Department grievance. RECALL TO ORDER: Motion to adjourn the meeting to Wednesday, 9/21/94, 7:45 p.m., City Council Conference Room, City Hall, for a study session on a draft ordinance on massage parlors, Capital Improvement Budget FY 1994-95, and discussion of priorities for the Aircraft Noise Insulation Program. ADJOURNMENT: CLOSED SESSION Council adjourned to a Closed Session at 10:50 p.m. to discuss the items noticed. Mayor Fernekes recalled the meeting to order at 11'15 p.m., all Council was present, no action was taken. M/S Yee/Penna - To adjourn the meeting to Wednesday, 9/21/94, 7:45 p.m., City Council Con- ference Room, City Hall for a study session on the items noticed. Carried by unanimous voice vote. Time of adjournment was 11' 16 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City City of South San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- )ns, arguments and comments are recorded on tape. The tape and documents related to the items are on file in the ffice of the City Clerk and are available for inspection, review and copying. 9/14/94 Page 18