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HomeMy WebLinkAboutMinutes 1994-12-14Mayor Robert Yee Council: Jack Drago Joseph A. Fernekes ~ohn R. Penna Roberta Cerri Teglia M I N UT_E.~ City Council Municipal Services Building Community Room December 14, 1994 SE_EC!AL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DECEMBER 14, 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 14th day of December 1994, at 5:30 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, to meet with its designated represntatives - Acting City Manager, Di- rector of Personnel, City Attorney and Labor Negotiations Consultant on labor relations matters; the employee organizations are: AFSCME, police, fire, operating engineers, management and confidential group, public safety managers and city manager; pursuant to GC 54957, public employee recruitment/appointment city manager. Dated: December 8, 1994 City Clerk City of South San Francisco CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) ,ardmember Teglia Arrived: _losed Session: Pursuant to GC 54957.6, to meet with its designated represntatives - Acting City Manager, Di- ACTION TAKEN 5:32 p.m. Mayor Yee presiding. Council Present: Drago, Fernekes and Yee. Council Absent: Penna and Teglia. Clerk Battaya stated Boardmember Penna had a meeting conflict and is unable to attend the meeting. Boardmembor Teglia arrived at 5:35 p.m. 12/14/94 Page 1 244 ._Closed Session - Continued. · ,ctor of Personnel, City Attorney and Labor Negotiations ~onsultant on labor relations matters; the employee orga- nizations are: AFSCME, police, fire, operating engineers, management and confidential group, public safety manag- ers and city manager; pursuant to GC 54957, public employee recruitment/appointment city manager. RECALL TO ORDER: A RESOLUTION APPROVING AN EMPLOYMENT AGREEMENT WITH MICHAEL A. WILSON FOR THE POSITION OF CITY MANAGER AND EXECUTIVE DIRECTOR OF THE REDEVELOP- MENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO _Glosed Session - Continued. ~aoardmember Drago Left the Meeting: RECALL TO ORDER: ADJOURNMENT: Council adjourned to a Closed Session at 5:32 p.m. to discuss the item noticed. Mayor Yee recalled the meeting to order at 6:15 p.m. and announced the appointment of Mike Wil- son as City Manager. He stated that a resolution approving the employ- ment agreement with Michael Wilson was before the City Council for consideration. MIS Femekes/Teglia - To adopt the Resolution. RESOLUTION NO. 139-94 Carried by unanimous voice vote. The City Council returned to its Closed Session at 6:18 p.m. for further discussion. Boardmember left the meeting at 6:19 p.m. Mayor Yee recalled the meeting to order at 7:18 p.m., Councilmembers Femekes, Teglia and Yee were present, no action was taken and direction was given. M/S FemekesfFeglia - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:19 pm. RESPECTFULLY SUBMITTED, APPROVED. Barbara A. Battaya, City Cl _City of South San Francisco Robert Yee, Mayor City of South San Francisco 12/14/94 Page 2 245 _._~e entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- ons, arguments and comments are recorded on tape. The tape and documents related to the items are on file in the ~ffice of the City Clerk and are available for inspection, review and copying. 12/14/94 Page 3 Chairman Robert Yee Boardmembers: · Jack Drago Joseph A. Femekes '--lohn R. Penna Roberta Cerri Teglia 246 Capital Improvements Financing Authority Municipal Services Building Community Room December 14, 1994 SPECIAL MEETING SOUTH SAN FRANCISCO CAPITAL IMPROVEMENTS FINANCING AUTHORITY CITY OF SOUTH SAN FRANCISCO DECEMBER 14, 1994 NOTICE IS HEREBY GIVEN, pursuant to Municipal Code and Resolution of the City of South San Francisco, that the South San Francisco Capital Improvements Financing Authority will hold a Special Meeting on Wednesday, December 14, 1994, at 7:05 p.m., in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Approval of the Minutes of the Adjourned Special Meeting of 1/12/94. Adjournment. Dated: December 8, 1994 Clerk of the Capital Improvements Fin~z'ing Authority City of South San Francisco CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) 1. Approval of the Minutes of the Adjourned Special Meeting of 1/12/94. ~ / 5.3 ADJOURNMENT: ACTION TAKEN 7:25 p.m. Chairman Yee presiding. Boardmembers present: Fernekes, Teglia and Yee. Boardmembers absent: Drago and Penna. MIS Teglia/Fernekes - To approve the Minutes of the Adjourned Special Meeting of 1/12/94. Caried by unanimous volice vote. MIS Fernekesffeglia - To adjou, rn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:26 p.m. 12/14/94 Page 1 AG~_NDA ACI!QN TAKE_N __~SPECTFULLY SUBMIITED, Barbara A. Battaya, Capital Improvements Financing Authority City of South San Francisco APPROVED. Robert Yee,~m~an Capital Improvements Financing Authority City of SouL1 San Francisco The entries of this Agency meeting show the action taken by the Capital Improvements Financing Authority to dispose of an item. Oral communications, 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. 12/14/94 Page 2 Chairman Robert Yee Boardmembers: Jack Drago Joseph A. Femekes -John R. Penna Roberta Cerri Teglia MINUTES Recreation and Park District Municipal Services Building Community Room December 14, 1994 248 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) 1. Approval of the Minutes of the Adjourned Regular Meeting of 1/12/94. ,5/-S-3 '-'~DJOURNMENT: ACTION TAKEN 7:19 p.m. Chairman Yee presiding. Boardmembers present: Fernekes, Teglia and Yee. Boardmembers absent: Drago and Penna. M/S Fernekesfreglia - To approve the Minutes of the Adjourned Regular Meeting of 1/12/94. Carried by unanimous voice vote. M/S Teglia/Fernekes - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:20 p.m. RESPECTFULLY SUBMITrED, APPROVED. Barbara A. Battaya, Clerk Recreation and Park District City of South San Francisco Robert Yee, Ehairman Recreation a Id Park District City of Soutl. San Francisco The entries of this Agency meeting show the action taken by the Recreation and Park District to dispose of an item. Oral communications, 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. 12/14/94 Page 1 Chairman Robert Yee Boardmembers: Sack Drago $oseph A. Fernekes ~ohn R. Penna --'Roberta Cerri Teglia MINUTES Surplus Property Authority Municipal Services Building Community Room December 14, 1994 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) 1. Approval of the Minutes of the Adjourned Regular Meeting of 1/12/94. ,,~/ * DJOURNMENT: ACTION TAKEN 7:21 p.m. Chairman Yee presiding. Boardmembers present: Fernekes, Teglia and Yee. Boardmembers absent: Drago and Penna. M/S Fernekes/Teglia - To approve the Minutes of the Adjourned Regular Meeting of 1/12/94. Carried by unanimous voice vote. M/S Teglia/Fernekes - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:22 p.m. ,.~SPECTFULLY SUBMITrED, 'APPROVED. Barbara A. Battaya, Clerk Surplus Property Authority City of South San Francisco Robert Yee, Chairman Surplus Pro0erty Authority City of Sou ~ San Francisco The entries of this Agency meeting show the action taken by the Surplus Property Authority to dispose of an item. Oral communications, 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. 12/14/94 Page 1 Chairman Robert Yee Boardmembers: Jack Drago Joseph A. Fernekes John R. Penna R. oberta Cerri Teglia MINUTES Industrial Development Authority Municipal Services Building Community Room December 14, 1994 25C CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) 1. Approval of the Minutes of the Adjourned Regular Meeting of 1/12/94. .,.~--/~..~ ADJOURNMENT: .SPECTFULLY SUBMITrED, ACTION TAKEN 7:23 p.m. Chairman Yee presiding. Boardmembers present: Fernekes, Teglia and Yee. Boardmembers absent: Drago and Penna. MIS Fernekes/Teglia - To approve the Minutes of the Adjourned Regular Meeting of 1/12/94. Carried by unanimous voice vote. MIS Teglia/Fernekes - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:24 p.m. 'APPROVED. Barbara A. Battaya, Clerk (ff Industrial Development Authority City of South San Francisco Robert Yee, Chairman Industrial Development Authority City of South San Francisco The entries of this Agency meeting show the action taken by the Industrial Development Authority to dispose of an item. Oral communications, 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. 12/14/94 Page 1 Mayor Robert Yee Council: Jack Drago Joseph A. Fernekes -lohn R. Penna Roberta Cerri Teglia CALL TO ORDER: ROLL CALL: AG_E. ND A (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS "'-GENDA REVIEW Mayor Yee Requested: - Postpone Item//9 to the next meeting. REPORT OF THE CITY MANAGER ORAL COMMUNICATIONS 12/14/94 Page 1 City Council Municipal Services Building Community Room December 14, 1994 251 ACI!ON TAKEN 8:05 p.m. Mayor Yee presiding. Council Present: Fernekes, Teglia and Ye, e. Council Absent: Drago and Penna. The Pledge was recited. A minister was not present to give the invocation. PRESENTATIONS There were no presentations. AGENDA REVIEW Acting City Manager Mart'el stated there were no changes to the Agenda. So ordered. REPORT OF THE CITY MANAGER Acting City Manager Mattel stated she had nothing to report. ORAL COMMUNICATIONS Mr. Lou Dell'Angela cited his concerns: recent newspaper articles on Orange County and other communities' investment problems; was this City on sound ground in its investment policies; are City investments monitored by the Council so this City will not find itself unstable financially; etc. Councilwoman Teglia stated she had made a phone call to the City Treasurer on this issue and was assured that her investment policies are much more conservative than anything anyone might have read about in Orange County. She stated that in past ORAL COMMUNICATIONS COMMUNITY FORUM 12/14/94 Page 2 252 ORAL COMMUNICATIONS election activity, for that office, there has been criti- cism on the conservatism of that office because of the demand for liquidity in the institution guaranties. She stated the City is on sound ground and, as the Treasurer is an elected officer, she is empowered by the voters and everything is public record for that office. Mr. Dell'Angela stated concern over an agenda packet 2" thick when it is two weeks before Christ- mas and he questioned why such heavy weight issues are brought to the Council when it is so diffi- cult to digest the information at this time. COMMUNITY FORUM Mayor Yee stated he had traveled with nine other delegates from S.S.F. to Atotonilco, Mexico - our Sister City. They exchanged gifts and attended Congress in the State of Jalisco. He stated the President of Congress met with their delegation and gave them the Mexican constitution in Spanish, which he wanted displayed at the Grand Avenue Library with the 100 year medal also received. He stated the delegation visited the orphanage in Atotonilco, which has 50 boys in its care, and was overwhelmed by the lack of materials they had to work with in the care of the boys. He asked the community and Council to send Christmas cards for those boys to City Hall, encouraged people to in- elude a dollar in each envelope and said staff would send them to the orphanage. He stated that Council had taken earlier action and appointed Michael A. Wilson as City Manager. He stated that Mike was currently City Manager of Healdsburg and will begin employment with this City on 1/23/95. He stated that Mike served this City as Assistant City Manager from 1973-1984, served as Cloverdale's City Manager, City Manager of Healdsburg and he welcomed Mike back to this City. City Manager Wilson stated it seems like just the other day he was here, was hired by another Council and was excited about working with this Council and staff, because he knows so many of them are very talented and loyal. His one reservation was that A~ENDA COMMUNITY FORUM RECESS: RECALL TO ORDER: CONSENT CALENDAR 1. Motion to approve Minutes of the Regular Meeting of 10/26/94 and Special Meeting of 11/9/94. 2. Motion to confirm expense claims of 12/14/94, .,,g'O I ~ o Motion to accept the annual report of the Redev.el,ojpL, ment Agency. ..5' I ~ _o Motion to adopt an ordinance on the competitive and non-competitive service. /o-~SO 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 Motion to direct the City Clerk to cancel the Regular Meeting of 12/28/94. ~'/~' 2~ Resolution amending the Conflict of Interest Code to reflect new positions for designated employees. 5 35~ A RESOLUTION AMENDING THE LIST OF DES- IGNATED POSITIONS FOR THE CITY OF SOUTH SAN FRANCISCO'S CONFLICT OF IN- TEREST CODE Resolution of Intention to set a Public Hearing for 1111195 to consider a franchise agreement with Santa Fe Pacific Pipeline Partners to use and occupy public streets to operate an existing and a proposed eight _,,,,, inch pipeline to transport oil and petroleum. ~-~5o A RESOLUTION OF INTENTION TO GRANT A FRANCHISE TO SANTA FE PACIFIC PIPELINE ACI!Q~ TAKEN 253 COMMUNITY FORUM the last time he was hired he was hijacked and hoped the Police Chief could give him a ride home. Mayor Yee declared a recess at 8:20 p.m. Mayor Yee recalled the meeting to order at 8:30 p.m., all Council was present. CONSENT CALENDAR Approved. Approved in the amount of $2,857,800.59. So ordered. ORDINANCE NO. 1153-94 So ordered. Removed from the Consent Calendar for discussion by Mayor Yee. RESOLUTION NO. 140-94 12/14/94 Page 3 AGENDA AC_TIQN TAKEN Z54 _ ~.ONSENT CALENDAR Resolution extending the professional services agree- ment with Robert F. Beyer to continue serving as Interim Economic & Community Development Di- rector. A RESOLUTION EXTENDING THE PROFES- SIONAL SERVICES AGREEMENT WITH ROB- ERT F. BEYER TO CONTINUE SERVING AS IN- TERIM ECONOMIC & COMMUNITY DEVELOP- MENT DIRECTOR Resolution authorizing the extension of the current Joint Use of Facilities Agreement between the City and the S.S.F. Unified School District through 6/30/95. A RESOLUTION APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND SOUTH SAN FRANCISCO UNIFIED SCHOOL DISTRICT AU- THORIZING JOINT USE OF FACILITIES Resolution authorizing an amendment to the prepay- ment agreement with the Redevelopment Agency to increase advances from the General Fund to the El Camino Corridor Project Area to cover anticipated 1994-95 expenditures. ~O ~ A RESOLUTION APPROVING AMENDMENT TO THE SEPTEMBER 9, 1992 REPAYMENT AGREEMENT BETWEEN THE REDEVELOP- MENT AGENCY AND THE CITY OF SOUTH SAN FRANCISCO 11. Resolution suspending competitive bidding and award an emergency construction contract for the replace- ment of electrical cabling and motor control center (MCC) at the Water Quality Control Plant, in an amount not to exceed $40,000.00. .~t9 ~ '7 A RESOLUTION APPROVING THE SUSPENSION OF PUBLIC BIDDING PURSUANT TO SOUTH SAN FRANCISCO MUNICIPAL CODE SECTION 4.040.70 AND AUTHORIZING THE CITY MAN- AGER TO PREPARE AND EXECUTE ON BEHALF OF THE CITY A CONTRACT FOR THE REPLACEMENT OF ELECTRICAL CABLING AND MOTOR CONTROL CENTER EQUIPMENT AT THE CITY'S WATER POLLUTION AND CONSENT CALENDAR Removed from the Consent Calendar for discussion by Mayor Yee. Removed from the Consent Calendar and continued to the next meeting by Mayor Yee. Councilwoman Teglia questioned if she had a con- flict on this item. City Attorney Mattas stated she did not have a con- flict. RESOLUTION NO. 141-94 RESOLUTION NO. 142-94 12/14/94 Page 4 A~NDA A~I!QN TAK~ 255' CONSENT CALENDAR 1. Resolution. Continued. CONTROL PLANT Resolution amending the Conflict of Interest Code to reflect new positions for designated employees.5 A RESOLUTION AMENDING THE LIST OF DES- IGNATED POSITIONS FOR THE CITY OF SOUTH SAN FRANCISCO'S CONFLICT OF IN- TEREST CODE 8. ResolutiOn extending the professional services agree- ment with Robert F. Beyer to continue serving as Interim Economic & Community Development Di- ~ rector. /9_ O DO A RESOLUTION EXTENDING THE PROFES- SIONAL SERVICES AGREEMENT WITH ROB- ERT F. BEYER TO CONTINUE SERVING AS INTERIM ECONOMIC & COMMUNITY DEVEL- OPMENT DIRECTOR PUBLIC HEARINGS 12. Public Hearing - To consider an amendment to the business license ordinance to increase the annual business license tax due for junk collectors doing business within the City; conduct the Public Hearing; waive reading, introduce and adopt an urgency ordi- nance that will be effective upon adoption - Public Hearing opened and the item continued from the 11/9/94 meeting. ~ 3-/ '7 12/14/94 Page 5 CONSENT CALENDAR M/S Teglia/Femekes - To approve the Consent Calendar with the exception of Items No. 6, 8 and 9. Carried by unanimous voice vote. Mayor Yee stated he spoke to the City Attorney earlier, in that there are positions listed that do not exist, and the item will be continued to the next meeting for staff to correct the resolution. Mayor Yee stated this agreement goes to 6/30/95, his reaction is that we have a new City Manager coming in and he questioned if this could be terminated any time before 6/30/95. Acting City Manager Martel stated it could but, in case the City Manager could not get to it in 90 days, she had allowed the 6/30/95 expiration. However, with 30 days notice the contract could be terminated at any time. M/S Teglia/Fernekes - To adopt the Resolution. RESOLUTION NO. 143-94 Councilwoman Teglia expressed her appreciation to Mr. Beyer for his fine performance and felt he has been a real benefit to the people of this community. Carried by unanimous voice vote. PUBLIC HEARINGS Mayor Yee asked if more than three votes were needed because this is an urgency ordinance. City Attorney Mattas stated not for this one, but the next one on alcohol requires four votes by statute, however, this one is related to revenue and taxes and only requires three votes. A~ENDA ACI!QN TAKEN 256 PUBLIC HEARINGS 2. Public Hearing - Continued. AN URGENCY ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO AMENDING SECTION 6.16.060 OF THE SOUTH SAN FRANCISCO MU- NICIPAL CODE RELATED TO BUSINESS LI- CENSE TAXES FOR JUNK COLLECTORS PUBLIC HEARINGS Finance Director Margolis requested the Council conduct the hearing and following that adopt the ordinance that imposes a 4% gross receipts tax per year or $200.00 a year. She stated that the true analogy of junk collector is currently in our business license ordinance and conforms to other sections of the Municipal Code on junk collectors and covers recycling activities. She gave background information on Council's consideration of this tax; 26 businesses fit into this category; the recommendation is that the tax only be imposed on the collection fees charged to people. She stated that staff had come to the conclusion that 7% would be a difficult rate and are, therefor, pro- posing that the gross receipts rates be lowered to 4% with a $200.00 minimum to cover those who may have limited activity. She anticipates revenue from this activity to be $20,000 a year. Col. Elmon M. Elmore, 2575 Bantry Lane, ques- tioned, not the license, but the procedure that the City is using, which has caused problems in his neighborhood. On 11/25/94 he called the Planning Department to find out what the particular zone was called that indicated residences, because of a busi- ness being, conducted in his neighborhood. He told the woman at City Hall that he wanted her to inves- tigate the fact that there is a business going on right now in his residential zone that he wanted stopped. He went out of town and a gentleman from the Planning Dept. called his wife and told her agri- culture could be conducted in an R-1 area. Selling Christmas trees did not appear to her to be agricul- ture. When he inquired again he was told that they would look into Oakmont and Westborough. He was appalled at what they looked into - a fee for a business license was paid to the City of S.S.F. (50 yards from his house) by the operator who was operating a Christmas tree stand. He called Plan- ning again and was told to call Sue Harris and she would be able to help him. He called Sue Harris and again became bogged down in bureaucratic bureaucracy. She said she had referred it to legal, He questioned what was 12/14/94 Page 6. PUBLIC HEARINGS 2. Public Hearing - Continued. 257 PUBLIC HEARINGS legal and she said it was contracted and they are looking into it. He stated the frustration practically ends in this manner. He was told legal sought a cease and desist order, which takes approximately 10 days to complete. City Attorney Mattas stated there have been subse- quent developments Mr. Elmore may not be aware of. Mr. Elmore felt it was appropriate, his being there while Council was conducting this licensing issue, to see if there is any coordination in the City and to see if it meets with other requirements and statutes - where this individual got a license to operate a Christmas tree stand in a residential neighborhood. Perhaps this license should not have been granted. So, let's do a little coordinating in the different de- partments of the City to see that licenses can be legitimately issued. Mayor Yee stated Mr. Elmore got a hold of him Sunday evening and he had it investigated on Mon- day at City Hall by staff. Acting City Manager Martel admitted that Mr. Elmore is correct in his observation, that a site inspection had not taken place before a license was issued. Staff will not allow that to exist in the fu- ture and the Attorney had gone to Court to get a temporary restraining order to cease and desist by 12/5/94. When he did not cease and desist, action was taken in Court today by the City Attorney. City Attorney Mattas stated that the Court order called for all activity to cease by 4:00 p.m. today. Mayor Yee closed the Public Hearing. Discussion followed: Councilwoman Teglia ques- tioned if the City had any liability in having made a mistake in issuing the license and in closing the business down two weeks before Christmas; City Attorney Mattas felt there was sufficient case law that would provide the City with Protection; Finance Director surveyed cities in Bay Area for gross re- ceipts tax on this kind of activity; the tax is 5% in Berkeley and Walnut Creek; there are variable economics in the industry; such a wide spectrum of 12/14/94 Page 7 A~ENDA ACTIQN TAKEN 258 PUBLIC HEARINGS 2. Public Hearing - Continued. RECESS: ice Mayor Drago Arrived at the Meeting: RECALL TO ORDER: 13. 14. Public Hearing - To consider an amendment to the business license ordinance to add a business license tax on operators of rental car storage facilities; Public Hearing opened and the item continued from the 11/9/94 meeting and a further request to continue the Public Hearing to 1/11/95. ,~,-~ -/7' AN URGENCY ORDINANCE ADDING SECTION 6.16.048 TO THE SOUTH SAN FRANCISCO MU- NICIPAL CODE IMPOSING BUSINESS LICENSE TAX ON OPERATORS OF RENTAL CAR STOR- AGE FACILITIES Public Hearing - To consider Mitigated Negative ,.,g'O~ Declaration No. 767, Tentative Subdivision Map SA- 93-111 and Planned Unit Development PUD-93-26 for a 32 unit single-family development with private streets, reduced lot sizes, elevations, grading and landscaping on 4.77 acres at the southeast corner of Sunset Ave. and Stonegate Drive. Applicant Mark PUBLIC HEARINGS activity that there is not sufficient margin to continue to encourage this activity of junk collection, particu- larly in a commercial area; if the tax was 7%, many services would be discouraged; the tax is paid quar- terly based on reports of revenue that are self audit- ed; staff feels they had resolved the major issues; etc. M/S Teglia/Fernekes - To waive reading. Carried by unanimous voice vote. M/S Fernekes/Teglia - To introduce and adopt the urgency ordinance. ORDINANCE NO. 1154-94 Carried by unanimous voice of those present, Councilmembers Drago and Penna were absent. Mayor Yee declared a recess at 9:00 p.m. Vice Mayor Drago arrived at the meeting at 9:04 p.m. Mayor Yee recalled the meeting to order at 9:10 p.m., all Council was present with the exception of Councilman Penna. M/S Teglia/Fernekes - To continue the item to 1/11/95. Carried by unanimous voice vote. Mayor Yee opened the Public Hearing. Chief Planner Solomon related this is a 32 lot single family development at the intersection of Sunset and Stonegate, a sloping site with an 18% average slope, that was formerly used to grow flowers. There is a single point' of access, a 32-1/2' wide street, there 12/14/94 Page 8 A~NDA AC!!Q~ TA~ 259 PUBLIC HEARINGS 4. Public Hearing - Continued. Robson/Santa Clara Development (Ida Crosariol, Owner); Motion to approve Mitigated Negative Dec- laration No. 767 subject to the staff report findings and conditions of approval; resolution approving Vesting Tentative Subdivision Map SA-93-111, Planned Unit Development Permit PUD-93-26. A RESOLUTION APPROVING A MITIGATED NEGATIVE DECLARATION NO. 767, A VEST- ING TENTATIVE MAP (SA-93-111), AND A PLANNED UNIT DEVELOPMENT (93-26) FOR A 32 LOT, SINGLE FAMILY DETACHED RESI- DENTIAL PLANNED DEVELOPMENT ON 4.77 ACRES IN THE R-1-E SINGLE FAMILY RESI- DENTIAL ZONE DISTRICT AT THE SOUTH EAST CORNER OF SUNSET AVENUE AND STONEGATE DRIVE PUBLIC HEARINGS are grading Pads for the sweet and the buildings have retaining walls at the rear of many of the lots. He related some of the concerns of staff when the application first came to the City: the height of the walls; steepness of bans; the small scale of the rear yards; the general question of policy about public or private streets; the width of the streets in the project and particularly the pending acquisition of land from the School District, which has widened and in- creased the size of the rear yards in the project; etc. He stated that the principal policy was the question of public or private streets and a number of years ago the Council adopted a policy which defined when the City should allow private streets to be used in a project. When this was reviewed with the various Departments there were no real strong con- cerns about the width of the streets nor whether they were to be public or private streets. The Planning Commission weighed the considerations, felt the findings were applicable only to this project, would not like to see private streets used generally through- out projects and felt the Council resolution could be met in this case; etc. Mr. Mark Robson, Santa Clara Development Co., described the background of the proposed project: the houses are two-story detached houses with back- yards; they were 4,000 ft. short for the dry aprons, due to concerns about retaining walls, so they had reduced it to 34 homes, with one point of entry and exit into and from the project; an EIR was conduct- ed; purchased an additional 1/2 acre of land; re- duced the one to one slopes; reduced rear yard area; reduced the homes to 32; a traffic study was done and they can exceed parking standards; the project will be built to City standards, so there will be no problems to the homeowners association in maintain- ing the private streets; his rational for private streets; the house prices will run from $300,000- $400,000, which he felt was moderately priced; 3, 4 and 5 bedroom homes; inset windows; concrete tile roofs; landscaped front yards; $200,000 will be paid in-lieu park fees; over $100,000 goes to school fees and $50,000 will go to taxes; etc. Mr. Leu Dell'Angela cited his concerns: it looks like a mass of high density buildings; height of 12/14/94 Page 9 AGENDA _AC_T!Q N TAKEN -,,- 260 PUBLIC HEARINGS 4. Public Hemrin~ - Continued. tCassette No. 2) PUBLIC HEARINGS buildings in the Project; where was the Council in direction on housing projects; there is a letter of complaint attached to the staff report complaining about the density; the intent of a PUD is not to maximize the number of homes but to get good planning and do a project we can be proud of; con- figuration of the buildings to the lots; $300,000 houses are not affordable; grading of the streets; if the streets were public, could not put in this many houses; the project should be redesigned; etc. Ms. Linda Richards, 768 Stonegate Dr., stated this project was between her home and the High School and cited her concerns: how can children play in the backyards when there is a great deal of wind in the area; 23 out of the 32 lots are not even up to the size of a minimum sized backyard; they are buying land from the School District, yet all of the cars are going to go in and out of Sunset, which is a very, very steep street and has a lot of traffic from the school; he is asking for a lot of variances and she felt there were just too many homes for such a small area. Mayor Yee closed the Public Hearing. Discussion followed: letter of 12/7/94 from Mr. Meyer was not in the staff report; the home- owners will maintain the many storm drain ease- ments through the CC&Rs and, if not maintained properly, the City can lien the property and have it done right; develop a standard to maintain streets and add it as a condition; in the future the Council should say they don't want the loop hole of private streets; agendize private streets; the police and fire staff did not see any safety problems with the private streets; there are standard set backs; the representa- tion of 5,000 sq. ft. lots was not true; the problem is with the project being on a slope; how many other projects will come forward with private streets; three major projects will be coming up with this problem; Mayor Yee will oppose the project because this is a prime site in S.S.F, does not believe private maintenance is going to work and he will not sup- port the project. M/S Fernekes/Teglia - To adopt the Resolution and add "the maintenance repair section of the CC&R's shall be amended to state that all streets shall be 12/14/94 Page 10 A~NDA ACTION TAX_EM 261,. PUBLIC HEARINGS 4. Public Hearing - Continued. ADMINISTRATIVE BUSINESS 15. Motion to approve Negative Declaration No. 772, select an alternative site plan and approve UP-94-965, as may be modified based on the related tindings and related conditions of approval. Appeal of Planning Commission decision to approve Negative Declaration No. 772 and UP-94-965 to establish a 51 space land- scaped parking lot at the southeast corner of Linden and Baden Avenues in the Downtown Commercial Zoning District (D-C) in accordance with SSFMC Section 20.26.030(e). Appeal made by Louis Dell'Angela - Continued from the 11/9/94 meeting. PUBLIC HEARINGS maintained to City standards". RESOLUTION NO. 144-94 Carried by majority roll call vote, Mayor Yee voted no. ADMINISTRATIVE BUSINESS Chief Planner Solomon related: this was before the council on an appeal; Planning Commission had approved a specific design at the last meeting as Alternate 2; Mr. Dell'Angela presented Alternate 1, which had support from the Council, and staff was presenting both designs for consideration; all 90 degree parking with increased landscaping and 63 spaces with a central circulation system; Mr. Giorgi felt Alternate 2 did not meet his business needs, so staff cut a one way access point off of Second Lane and this plan they feel meets Mr. Giorgi's business needs. He recommended Council uphold the Planning Commission decision but may want to amend a condition to approve one of these plans rather than the original plan submitted by Mr. Giorgi. City Attorney Mattas suggested the Council reopen the Public Hearing in order to hear further testimo- ny. M/S Drago/Teglia - To reopen the Public Hearing. Carried by unanimous voice vote. Mr. Dell'Angela felt the plan looked better than the last one but he still had questions on staWs plan: there should be a restriction on left turn movements out of the parking lot onto Baden Ave.; Baden is a very buy street and a left turn movement out of the driveway could be extremely dangerous; Mr. Giorgi sometimes parks the tractor trailers in the alleyway; the parking lot is 75' away from Mr. Giorgi's busi- ness and he wondered if a trucker is going to haul furniture 75' away or use the alleyway as he is doing now; he felt the plan with 60+ spaces is the one that should be used for a well designed parking lot with the left turn restriction. 12/14/94 Page 11 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 5. Motion - Continued. Councilman Penna Arrived: 2G2 ADMINISTRATIVE BUSINESS Mr. Robert Giorgi stated he had continually worked with staff for eight months to come up with a plan and that was the original plan that was approved by the Design Review Board and the Planning Com- mission. He stated he was happy to amend the plan to Alternate 1, for it serves all of his business con- cerns. Councilman Penna arrived at the meeting at 10:00 p.m. Mayor Yee closed the Public Hearing. Discussion followed: Councilman Drago was both- ered that Alternate 2 had access off Second Lane, because that stretch between Linden and Airport he .would like to see closed, however, he could support Alternate 1; Councilwoman Teglia noted that alley- way was a common shortcut for the locals; she was not happy with Alternate 1, wanted more attention paid to landscaping and did not want to accommo- date big trucks in the downtown; this is a private parking lot for Giorgi's customers and it will be posted for no truck parking; the four Monterey trees are mature and will be incorporated into the landscaping; Mr. Giorgi's trucks deliver from the rear of his buildings; Mr. Giorgi felt that using Alternate 1 would save him in the future in the event he chose to put a building there and that was why it was 100' away from his building; etc. M/S Teglia/Fernekes - To uphold the appeal and go with Alternate 2, no left hand turns onto Baden Ave., landscape and preserve the existing trees. Mayor Yee asked Mr. Giorgi, if Alternate 2 is ap- proved, if he would still build the parking lot. Mr. Giorgi stated he would resist that plan if forced to do that plan and he would probably build it or not build it - because he did not like Alternate 2. Mayor Yee stated that this is a private lot and it is hard for him to dictate how people are to spend thousands of dollars building a lot they don't want to build. Chief Planner Solomon asked if Council wants the condition added that trucks cannot park on the lot. 12/14/94 Page 12 AGENDA _AC_TIQ_N TAKEN 263 ~DMINISTRATIVE BUSINESS ~5. Motion - Continued. 16. Motion to deny the petition for formal recognition of the Management and Confidential Group. io-O O O ADMINISTRATIVE BUSINESS Councilwoman Teglia stated that was not needed in Alternate 2. Carried by majority roll call vote, Councilman Drago and Mayor Yee voted no. Director of Personnel recommended Council deny the request. Mr. Terry White, Street Dept., pointed out inaccu- racies in the staff report: the report says we sub- mired a petition to request status as a bargaining unit when in fact you won't see the term "bargaining unit" in any of their documents submitted; they asked for recognition as an employee organization; there is nothing in the Municipal Code that says they have to meet certain tests, other than collecting over 30% of the signatures of the employees in- volved; those sections, which the Employee Rela- tions Officer has to consider, indicate that we are asking for a name change - that is not so; as far as what the employees feel is in the best interest of the group is best said by the signatures on the petition; as a matter of fact, all of the employees in the City, with the exception of this group, are recognized and we are asking nothing more than that same treat- ment; it speaks for itself, by the strong amount of signatures, that we want to enjoy your recognition of the employee organization; as a member represent- ing the group he wanted the authority to really sit down in a formal sense, which authority has not been vested in him; there are 60 members and 44 signatures and he did not know of any members being opposed. Councilwoman Teglia questioned why staff did not feel this was substantive. Director of Personnel Gonzales stated the difference in the request from the Public Safety Managers is that there is not commonality and staff contends that, regardless of whether you call it a group or a unit, it is still the same commonality - because you are not adding or deleting positions. Councilman Drago stated he did not deny the public safety people but feels there are still too many in the group who do not belong and he will oppose it. 12/14/94 Page 13 AGENDA _AC_TIQN TAKEN 264 ADMINISTRATIVE BUSINESS fi. Motion - Continued. ADMINISTRATIVE BUSINESS He stated he would approve it if the number was reduced and the other people put in other bargaining units. Mayor Yee felt that true management people should not be in a unit. Mr. White stated that history proves that the unit has worked since 1986 and they wanted it left as it is. City Attorney Mattas related that former City At- torney Armento gave an opinion that they were not a formal bargaining unit. Councilwoman Teglia felt the management people should be a unit and the confidential employees should be removed from the unit. Motion by Councilwoman Teglia - To direct staff to come back with a resolution to approve a request to establish formal recognition. Councilman Fernekes felt management should be separated and treated as a unit. Motion died for lack of a Second. City Attorney Mattas recommended Council deny the request, direct staff to come back after meeting with the people and, if Council wanted separate units, then staff can come back for recognition as a bargaining unit. Ms. Marilyn Peters, WQCP Secretary, questioned how this unit had been formed, because the Confi- dential group had been a bargaining unit. Mr. Frank McAuley stated it happened in 1985 and he has documentation on each being separate bar- gaining units. Acting City Manager Martel stated a resolution was passed combing the two groups and establishing a Management and Confidential group consolidated with a benefit package. M/S Teglia/Yee - To continue the item and have staff meet with the people for a more acceptable configuration. 12/14/94 Page 14 A~E__NDA ACTION TAKEN 6DMINISTRATIVE BUSINESS 6. Motion- Continued. (Cassette No. 3) LEGISLATIVE BUSINESS 20. Motion to waive reading and introduce an ordinance related to unreinforced masonry buildings. ~'t9 ~[ AN ORDINANCE OF THE SOUTH SAN FRAN- CISCO CITY COUNCIL AMENDING CHAPTER 15.28 OF THE SOUTH SAN FRANCISCO MU- NICIPAL CODE RELATED TO UNREINFORCED MASONRY ADMINISTRATIVE BUSINESS Motion and Second failed by a majority vote, Councilmembers Penna, Drago and Fernekes voted no. Councilman Fernekes stated the action should be to deny this petition. Councilwoman Teglia stated it could always be denied. So, if we continue it, they can come back to Council. M/S Teglia/Penna - To continue the item and have staff meet with the group for a more acceptable configuration. Councilman Drago wanted added, staff to explore other cities and their policies bargain and ramifica- tions on the meet and confer process. Councilwoman Teglia stated her motion Covered that. Carried by unanimous voice vote. Mayor Yee stated Item 20 would be heard next because of the people in attendance. LEGISLATIVE BUSINESS Councilman Penna left the podium due to a possible conflict of interest. City Clerk Battaya read the title of the ordinance in its entirety. Interim Director of Economic & Community Devel- opment Beyer stated Council directed staff to come back with an ordinance that would make it mandato- ry to retrofit URM buildings. He stated there is an exception, such as transfer due to inheritance. He received a phone call from a banker who was con- cerned over the issue of foreclosure and the City Attorney had drafted language to add "through foreclosure" and they would be recorded as URM buildings. He stated there were presently 16 URM properties, two are public buildings, and earlier the Council had approved a loan program to help people finance the work. 12/14/94 Page 15 AGENDA ACTION TAKEN LEGISLATIVE BUSINESS D. Motion - Continued. ADMINISTRATIVE BUSINESS 17. Motion to authorize the Fire Chief to implement the ~ Fire Department restructuring plan as tentatively approved on 7/27/94. 19- 0Or9 LEGISLATIVE BUSINESS Mr. Alan Asker, 703-1/2 Linden Ave., related background information on the drafting of this ordi- nance: problems this would cause building owners economically; he had failed in getting composition of the soils incorporated; studies of Loma Prieta earthquake; damage in the Marina on landfill in the last earthquake; wanted retrofitting to be done at the time of transfer without destroying people financial- ly; thanked the Council for their time, consideration and soul searching to find a reasonable solution to this problem; etc. M/S Fernekesfreglia - To waive reading and intro- duce the ordinance and incorporate the additional language. Carried by unanimous voice vote, Councilman Penna did not participate nor take part in the vote. Mr. Robert Clayton stated he represented Martin Metro, who is in favor of the ordinance, however, he needed clarification of a public nuisance - be- cause there was no definition, other than a failure to comply. He spoke of an article in the Western Cities Maga- zine on seismic safety and related its contents. He stated his client wants something equitable and that is safe - but all of the answers are not in. The owner of Mexico Tipico was concerned about a loan for the retrofitting work, because it had taken her four years to pay off the loan for an engineering analysis and wanted it to be low interest. Interim Director of Economic & Community Devel- opment Beyer stated the Council had allocated $200,000.00 for the loan program and when it was ready for final action he would meet with the prop- erty owners. ADMINISTRATIVE BUSINESS Councilman Penna returned to the Podium. Fire Chief Stark stated his plan was to stabilize staff in future years and concerns on the quint had been answered by the test made. 12/14/94 Page 16 AQ~NDA ACI!QN TAKEN ,..- 267 ADMINISTRATIVE BUSINESS 7. Motion - Continued. 18. Resolution amending the Final Statement for the CDBG Program for fiscal year 1994-95, allocate CDBG funds for new activities, which include the URM Loan Program, and approve submittal of the Amended Final Statement to the Department of Hous- ing and Urban Development. ~q'O ~ c] A RESOLUTION AMENDING FINAL STATE- MENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 1994-95 19. Informational report from the Transportation Sub- committee on the BART-SFO Extension. ~'D ADMINISTRATIVE BUSINESS M/S Perma/Drago - To authorize the Fire Chief to implement the Fire Department restructuring plan as tentatively approved on 7/27/94. Discussion followed: the first quint will be used in the industrial area; the second quint will be at En- gine 64 in 1996-1997; the first quint will be tested and, if it is necessary, it will be redesigned; savings with the minimum manning; etc. Carried by unanimous voice vote. Councilman Fernekes left the meeting at 11:40 p.m. and did not return. Councilman Penna left the podium, due to a poten- tial conflict of interest, at 11:46 p.m. M/S Teglia/Drago - To adopt the Resolution. RESOLUTION NO. 145-94 Carried by unanimous voice vote. Councilman Penna did not participate in the discussion nor vote. Councilman Perma returned to the Podium. Interim Director of Economic & Community Devel- opment Beyer stated the report identifies staff con- cerns, outlines the process after the EIR is released and there will be one Countywide hearing rather than one in each City. Mayor Yee stated that he and Councilman Fernekes met with staff and the BART people and related: the Colma Creek realignment is involved; the align- ment isnot going through the Trailer Court; people want the upstream of Colma Creek improved; it has been the intent since 1974 that it should be improved before moving upstream; until the bay and Oak Ave. are done, we should not do upstream; the Flood Control District is negotiating with BART and Caltrans to improve upstream and are thinking of a bond - because of severe flooding in Daly City; there is a meeting tomorrow and he wants the Direc- tor of Public Works to understand where Council is coming from; there is $6,000,000 for the Colma Creek work. 12/14/94 Page 17 _ACI!Q_N IA_K_E_N LEGISLATIVE BUSINESS 1. Motion to waive reading and adopt an urgency ordi- nance on restriction consumption of alcoholic bever- ages in public places and parking lots which will take effect immediately upon adoption. AN URGENCY ORDINANCE OF THE SOUTH SAN FRANCISCO CITY COUNCIL AMENDING CHAPTER 10.40 OF THE SOUTH SAN FRANCIS- CO MUNICIPAL CODE MENDING SECTIONS 10.40.010; 10.40.030; 10.40.040; 10.40.050; AND 10.40.060 22. Motion to waive reading and introduce an ordinance regulating massage establishments and massage ser- vices. 5/O --~ AN ORDINANCE AMENDING CHAPTER 10.16 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE REGULATIONS FOR MASSAGE ESTAB- LISHMENTS, MASSAGE SERVICES ?EMS FROM COUNCIL GOOD AND WELFARE CLOSED SESSION 23. Closed Session: pursuant to GC 54957.6, to meet with its designated representatives - Acting City Manager, Director of Personnel, City Attorney and Labor Negotiations Consultant on labor relations matters and the employee organizations are: AFSCME, Police, Fire, Operating Engineers, Man- agement and Confidential Group, Public Safety Man- agers; pursuant to GC 54956.8, conference with real property negotiator regarding terms and conditions of negotiations related to 368 Contour Street - negotiat- ing party is Jesus Armas; pursuant to GC 54956.9(a), conference with legal counsel on existing litigation - LEGISLATIVE BUSINESS City Clerk Battaya read the title of the ordinance in its entirety. M/S Pennafreglia - To waive reading, introduce and adopt the urgency Ordinance. ORDINANCE NO. 1155-94 Carried by unanimous voice vote. City Clerk Battaya read the title of the ordinance in its entirety. M/S Penna/Drago - To waive reading and introduce the ordinance. Carried by unanimous voice vote. ITEMS FROM COUNCIL Councilman Penna expressed concern that the City did not have an executed agreement with the School District for the JPA. Mayor Yee stated that he now had the Council assignments. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council adjourned to a Closed Session at 12:16 a.m. to discuss the items noticed. Councilwoman Teglia left the Closed Session at 12:50 a.m. 12/14/94 Page 18 A~ENDA A~!~N TA~ 269 CLOSED SESSION 3. Closed Session - Continued. name of cases: South San Francisco vs. Terrabay, Porter Tidwell vs. South San Francisco, Borusko vs. South San Francisco and Dote vs. South San Francis- co. RECALL TO ORDER: ADJOURNMENT: CLOSED SESSION Mayor Yee recalled the meeting to order at 12:57 a.m., Couneilmembers Drago, Penna and Mayor Yee were present, no action was taken and direction was given. MIS Drago/Penna - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 12:58 a.m. RESPECTFULLY SUBMITrED, barbara A. Battaya, City Clerk City of South San Francisco APPROVED. Robert Yee.~ay~r City of Sou~ San Francisco The entries of this Council meeting show the action taken by the City Council :o 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. 12/14/94 Page 19