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HomeMy WebLinkAboutMinutes 1995-03-08 Mayor Robert Yee Council: Jack Drago Joseph A. Fernekes ~John R. Penna Roberta Cerri Teglia MINUTES Recreation and Park District Municipal Services Building Community Room 342 March 8, 1995 SP_E~!AL MEETING CITY OF SOUTH SAN FRANCISCO RECREATION AND PARK DISTRICT MARCH 8, 1995 NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, that the members of the City Council of the City of South San Francisco ex-officio members of the Board of Directors of the South San Francisco Recreation and Park District will hold a special meeting on Wednesday, the 8th day of March, 1995 at 6:55 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Approval of the Minutes of the Regular Meeting of December 14, 1994. Resolution approving a lease at the Oyster Point Marina for the Oyster Point Marina Inn. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSIGNMENT OF LEASE AND CONSENT OF LANDLORD AND AN AGREEMENT BETWEEN LESSORS AND BANK FOR INN DEVELOPMENT INCORPORATED RELATED TO THE OYSTER POINT MARINA INN GROUND LEASE 3. Adjournment. Dated March 2, 1995 City Clerk City of South San Francisco CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) Approval of the Minutes of the Regular Meeting of December 14, 1994. ACI!QN IAKE_N 7:10 p.m. Mayor Yee presiding. Council Present: Drago, Fernekes, Penna, Teglia and Yee. Council Absent: None. M/S Fernekes/Teglia - To approve the Minutes of the Regular Meeting of 12/14/94. 3/8/95 Page 1 &~ENDA Approval of the Minutes - Continued. Resolution approving a lease at the Oyster Point o~/,.~ Marina for the Oyster Point Marina Inn. ~,-//~ A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSIGNMENT OF LEASE AND CONSENT OF LANDLORD OF AN AGREEMENT BETWEEN LESSORS AND BANK FOR INN DEVELOPMENT INCORPORATED RELATED TO THE OYSTER POINT MARINA INN GROUND LEASE ADJOURNMENT: ACZION TAKEN Carried by unanimous voice vote. City Attorney Mattas stated the Council was being asked to approve an assignment of lease for the current operator to obtain funding for the project. He related: they are attempting refinancing and for that to go through there must be an assignment of the lease rights; the bank holds the mortgage of the lease and the bank has asked that the Recreation and Park District and the Council approve the assign- ment of the lease to the bank for the financing pur- pose; they originally had construction and now are moving to long term financing through another lender. Discussion followed: is this for expansion for that facility; no it is for financing and not for land use; the City Attorney has the assignment documents; if this is approved is the Council approving additional units; it is not; etc. M/S Penna/Teglia - To adopt the Resolution. RESOLUTION NO. RPD-12-95 Carried by unanimous voice vote. M/S Fernekes/Penna - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:15 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk Recreation and Park District City of South San Francisco APPROVED. Robe~/Y~ayor Recreation a ~d Park District City of Sout~ San Francisco 3/8/95 Page 2 AGENDA ACTION TAKEN . he 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. 3/8/95 Page 3 Mayor Robert Yee Council: Jack Drago Joseph A. Fernekes John R. Penna Roberta Cerri Teglia M!_NU!!/S City Council Municipal Services Building Community Room March 8, 1995 345 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO MARCH 8, 1995 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 8th day of March 1995, at 7:10 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Appointments to Boards and Commissions. Dated: March 7, 1995 City Clerk City of South San Francisco CALL TO' ORDER: ROLL CALL: AGENDA (Cassette No. 1) Appointments to Boards and Commissions...~/~--~ ACTION TAKEN 7:31 p.m. Mayor Yee presiding. Council Present: Council Absent: Drago, Fernekes, Penna, Teglia and Yee. None. Councilwoman Teglia asked the Council to hold off an appointment to the Historic Preservation Com- mission vacancy until the City Attorney has investi- gated expanding the Historic Preservation Commis- sion and the Personnel Board by two positions each. City Attorney Mattas stated both Commissions could be expanded and he will bring back appropriate ordinances that will include the language Council- 3~8/95 Page 1 A_QE ND A ACTION TAKEN 34 : ...~ppointments - Continued. ADJOURNMENT: woman Teglia needs to appoint someone. Consensus of Council - To hold off on an appoint- ment to the Historic Preservation Commission. Council, by written ballot, appointed the following applicants: Jeri Clark - Restaurant Representative for the Confernce Center Board; Judith M. Brown and Manny Madriaga - Park & Recreation Commis- sion; A1 Salogga - Housing Authority; and Christo- pher C. Barnett and Robert Masuda - Planning Commission. MIS Teglia/Drago - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:51 p.m. RESPECTFULLY SUBMITTED, arbara A. Battaya, City Clerk ~ity of South San Francisco APPROVED. Robert Ye,, Mayor City of So ~th San Francisco The entries of this Council meeting show the action taken by the City Counci' 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. 3/8/95 Page 2 Mayor Robert Yee Council: Jack Drago Joseph A. Fernekes '--'lohn R. Penna Roberta Cerri Teglia MINU!ES City Council Municipal Services Building Community Room March 8, 1995 347 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO MARCH 8, 1995 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 8th day of March 1995, at 7:15 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 54956.9(c) - initiation of litigation, number of cases, one; pursuant to GC 54957.6 - conference with labor negotiator, City Manager, Assistant City Manager, Personnel Director, City Attorney regarding the employee group for public safety managers. Dated: CALL TO ORDER: ROLL CALL: March 2, 1995 AGENDA (Cassette No. 1) Closed Session: pursuant to GC 54956.9(c) - initiation of litigation, number of cases, one; pursuant to GC 54957.6 - conference with labor negotiator, City Manager, Assis- tant City Manager, Personnel Director, City Attorney - ' garding the employee group for public safety managers. ECESS: City Clerk City of South San Francisco ACI!Q_N TAKEN 7:52 p.m. Mayor Yee presiding. Council Present: Drago, Fernekes, Penna, Teglia and Yee. Council Absent: None. Mayor Yee asked that the meeting be recessed and reconvened after the regular City Council meeting is ended. Mayor Yee declared a recess at 7:53 p.m. 3/8/95 Page 1 ACT_ Oa 348 MEETING RECONVENED: Closed Session: pursuant to GC 54956.9(c) - initiation of litigation, number of cases, one; pursuant to GC 54957.6 - conference with labor negotiator, City Manager, Assis- tant City Manager, Personnel Director, City Attorney regarding the employee group for public safety managers. RECALL TO ORDER: ADJOURNMENT Mayor Yee reconvened the meeting at 12:30 a.m. all Council was present, with the exception of Coun- cilman Drago. Council adjourned to a Closed Session at 12:31 a.m. to discuss the items noticed. Mayor Yee recalled the meeting to order at 12:45 a.m., all Council was present except Councilman Drago, no action was taken and direction was given. M/S Fernekes/Penna - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 12:46 p.m. RESPECTFULLY SUBM1TrED, ~,arbara A. Battaya, City Clerk~ City of South San Francisco APPROVED. ? Robert Yee, Mayor 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- 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. 3/8/95 Page 2 Mayor Robert Yee Council: Jack Drago Joseph A. Fernekes John R. Penna Roberta Cerri Teglia MINUTES City Council Municipal Service~; Building Community Room March 8, 1995 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS ~--roclamation Women's History Month Proclamation American Red Cross Disaster Services Proclamation Mediation Week March 19-25, 1995 -~ c] '7 AGENDA REVIEW Mayor Yee Requested: - Move Item No. 12 to be heard after Item No. 7. - Move Item No. 11 to be heard after Item No. 12 ---RAL COMMUNICATIONS ACI!ON TAKEN 8:02 p.m. Mayor Yee presiding. Council Present: Council Absent: Drago, Fernekes, Penna, Teglia and Yee. None. The Pledge was recited. Rev. Kendall Jones, Good News Chapel, gave the invocation. PRESENTATIONS Councilwoman Teglia read the Proclamation aloud and presented it to AARP Vice President Lucille Thomas and AARP Member Martha Sauer, with the assistance of San Mateo County Supervisor Mary Griffin. Councilman Drago read the Proclamation aloud and presented it to Red Cross Executive Officer Chada O'Farrell. Councilman Fernekes read the Proclamation aloud and presented it to Pedro and Elde Gonzales on behalf of the Peninsula Conflict Resolution Center. AGENDA REVIEW City Manager Wilson noted that the Applicant had asked that Item No. 8 be continued. So ordered. So ordered. ORAL COMMUNICATIONS San Mateo County Supervisor Mary Griffin ex- plained the redistricting of her District will only 3/8/95 Page 1 AGENDA AC_TIQN TAKEN ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR 1. Motion to approve Minutes of the Regular Meeting of 1/25/95, Special Meeting of 1/26/95 and Regular Meeting of 2/8/95. 2. Motion to confirm expense claims of 3/8/95. StP [5 · Motion to accept the Emergency Replacement of Electrical Cabling and Motor Control Center at the WQCP in accordance with the plans and specifica- tions. .ffO~ Resolution authorizing an agreement with Corlett, Skaer and DeVoto Architects, Inc. (CSDA) for archi- tectural design and construction support services. 5 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 X ORAL COMMUNICATIONS have her represent one half of S.S.F., the area above El Camino and Supervisor Nevin will repre- sent the other half. She thanked the Council for giving her office space in the MSB for all these years, and she had a Certificate of Appreciation for Wenda da Cunha for all of her courtesies over the years. COMMUNITY FORUM Councilwoman Teglia gave a report on a Harbor District Liaison meeting she and Councilman Drago attended and the items of concern were: methane monitoring devices; rezoning of the Rod and Gun Club for a child care center; possibility of the Exec- utive Inn becoming a conference facility with 63 rooms and conference facility for 200 people; and UPS road construction for expansion. Councilman Fernekes related: he and the Vice Mayor attended the BART meeting and each spoke on this City's position; there were problems with the Buri Buri Deli and questioned if they had been re- solved. CONSENT CALENDAR Approved. Approved in the amount of $1,042,308.76. So ordered. RESOLUTION NO. 9-95 3/8/95 Page 2 ACI!QN TA_KEN '. $51' CONSENT CALENDAR 5. Resolution appropriating $4,560,000 in the Fiscal Year 1994-1995 for Phase X of the Aircraft Noise Insulation Project for the Capital Improvement Bud- get. 3'- 2~ A RESOLUTION APPROVING BUDGET AMENDMENT CIP 95-5 TO THE 1994-1995 CAP- ITAL IMPROVEMENT BUDGET - AIRCRAFT NOISE INSULATION, PHASE X Resolution approving budget amendment to the 1994- 95 Community Development Block Grant (CDBG) operating budget to incorporate administrative funds received from the Rental Rehabilitation Program and previously unprogrammed CDBG funds. ~>~[2 A RESOLUTION APPROVING BUDGET AMENDMENT NO. 95-7 TO THE 1994-1995 OP- ERATING BUDGET TO INCORPORATE ADMIN- ISTRATIVE FUNDS FROM THE RENTAL REHA- BILITATION PROGRAM FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Motion to approve the second quarter performance report for the San Mateo County Convention and Visitors Bureau activities and disbursement of funds. ADMINISTRATIVE BUSINESS 12. Review and direction on proposed changes to Joint Powers Agreement on C/CAG - continued from the 2/22/95 meeting. ~9A-"[oK'~,,~ CONSENT CALENDAR RESOLUTION NO. 10-95 RESOLUTION NO. 11-95 Approved. M/S Teglia/Penna - To approve the Consent Calen- dar. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Mary Vail, Administrative Coordinator for C/CAG, stated she and Daly City Mayor Madolyn Agrimonti, who is also Chairwoman of C/CAG, can discuss the proposed changes or respond to ques- tions. Mayor Yee wanted Ms. Vail to go through the document. Ms. Vail related the three issues discussed at the last meeting: adding powers C/CAG may choose to exercise; having public members; and the sunset clause. She stated the purpose of the Joint Powers Authority is called out in State law and is inherit 3/8/95 Page 3 AGENDA ACIIQN TAKEN ADMINISTRATIVE BUSINESS 2. Review and direction - Continued. 3/8/95 Page 4 ADMINISTRATIVE BUSINESS in an Authority when formed even though not spelled out in the original agreement. She explained the list of powers in the JPA that C/CAG may choose to exercise under State law, but were not all used during the first five years of the agreement, however, the Attorney thought it best the powers be written out in this JPA. She stated the second issue is not a change from the original JPA and it may have been acquired or assumed from the Regional Planning Committee who have public members and other agencies that have public members, such as the Airport Land Use Committee that are not elected officials. There are other public members on the Solid Waste Advisory and Hazardous Waste Committees; etc. She stated the original sunset clause was for a five year period to review C/CAG and the former Man- ager had recommended that there be no sunset clause in the new JPA but the on-going evaluation continues on an annual basis and is a reality check for the life of the organization. She stated then they would not have to go through the convoluted process to have all of the Cities act on it and go through not knowing whether the organization is going to be here or not, but have a built in check on a regular basis with the idea the organization cannot exist unless a majority of the cities are members. Councilwoman Teglia stated she was not so con- cerned about the powers as she was about the other two items. Councilman Drago stated at the last meeting the formation of C/CAG was to eliminate the over lapping of Boards in the County and now he sees another layer of bureaucracy installed. He did not see any elimination but it was increasing as evi- denced by the powers to make and enter into con- tracts, be employers, lease, acquire buildings, incur debts, sue and be sued in its own name. He sees a major bureaucracy with powers that go far beyond what this started to be, and does not appreci- ate having three non-elected members from the Transportation Authority. He stated there is the possibility that two more Supervisors can be a part of this and each City has only one representative. AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 2. Review and direction - Continued. 3/8/95 Page 5 ADMINISTRATIVE BUSINESS C/CAG Chairwoman Agrimonti asked if Council- man Drago was saying he would prefer ex- officio officers not be on C/CAG, as well as not having two more Supervisors. Councilman Drago felt that 21 members is sufficient. C/CAG Chairwoman Agrimonti stated she had only chaired one meeting and felt that the three ex-officio officers were important, from the Airport, the Transportation Commission and the Schools, who are all important to this County and should give input. She believed the ex-officio officers have a right to be on C/CAG and have no voting power. Councilman Drago felt those members have a right to be part of the discussions but should not make presentations to the audience. They are recognized regardless if they vote or not and have the same rights as the public. He is seeing this expanded to 24, wondered how many will say it is unmanageable or do we minimize our authority. He questioned why C/CAG should be involved in spending money when 9/10th of the eries are not impacted, only three or four are impacted, and why should we pay you and C/CAG. C/CAG Chairwoman Agrimonti stated this City was not paying her. Ms. Vail stated tho Board decided they would like to analyze the proposed BART Extension as it impacted the congestion management and the County and they directed the Technical Advisory Managers and Pub- lic Works to manage that activity and,' because of the extensiveness of the EIR, we needed outside assistance and authorized a consultant. Discussion followed: C/CAG hiring a consultant was stepping on Cities' toes because each had made traffic studies through a consultant; C/CAG was looking at the congestion on the State Highway system and major arterials and trying to not overlap what cities were doing; it did overlap the Airport insulation and now we are starting to bring 22 cities in and the impact is only on 3 or 4 around the Air- port; Councilman Drago did not feel S.S.F. was AOENDA ACTION TA_KEN · . 354 ADMINISTRATIVE BUSINESS 2. Review and direction - Continued. 3/8/95 Page 6 ADMINISTRATIVE BUSINESS getting a fair shake and the County is interfering in our business; he questioned why S.S.F. should pay an organization that may be contrary to our inter- ests; etc. Councilwoman Teglia stated she was a repres- entative from this City the year C/CAG added the Airport and the reason was we were dealing with the multi-million dollar Airport expansion, its impact on the cities, which is the specific charge of C/CAG. C/CAG then realized that with the mitigation of the expansion, apart from the traffic congestion, there was a noise insulation impact. She stated that with respect to Samtrans and the Transportation Authority, they have a big say and it is important to have them in C/CAG because they are major players. However, she did not know why schools were added, because they have nothing to do with congestion. So, someone snuck them in and she felt it was purely political. She stated she was also on the C/CAG Ad Hoc Committee that was formed specifically for conges- tion management and the impacts on the road sys- tems for which C/CAG had a legitimate concern and a role on the impacts. The Airport let it be known they were willing to mitigate the problem over the EIR, so we are dealing with it under an umbrella rather than by individual cities and $20,000,000 came out of it for insulation from the Airport; etc. She stated that Roger Chin should be commended for his work on the Ad Hoc Committee. She had a fax from Pat Kelly on manufactured win- dows that could save 25 % of the insulation costs and will free up monies that could go into materials that the cities are buying as a group. She stated this does not need to be under C/CAG, but under the cities impacted getting together on an informal basis. She does not see any need for C/CAG to have a body to talk about joint powers and additional work in this area for she felt that is beyond their ~harge. She did see C/CAG conducting conferences with the Airport about negotiating when we run out of the $10,000,000. AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 2. Review and direction - Continued. 3/8/95 Page 7 , 355 ADMINISTRATIVE BUSINESS She is also bothered by the issue of public members who do not represent the public and are not respon- sible to anyone and push their own agenda and actually vote. She feels that is wrong and the real members should be elected officials and she would encourage them to testify, but not vote. Chairwoman Agrimonti stated as Mayor of Daly City there are things she wants to protect and as Chair she wanted to answer Councilwoman Teglia. C/CAG had a request from six cities for help and that is why they became involved in the impacts. She sees her C/CAG role now as a person who sees a transition and she wants to answer these two ques- tions and asked for the time. Councilman Drago stated he did not want to see any reform to jeopardize the funds for insulation. Discussion followed: jeopardizing the funds was not C/CAG's intention; Mayor Yee had fought hard, with the Mayor of San Bruno, to eliminate the Com- mittee; after a long discussion they decided to form a Committee but on a more structured basis; this City did not need help, however, at the meeting they were dealing with 22 other members; Councilman Fernekes concurred with Councilmembers Drago and Teglia and questioned if the C/CAG Board- members are elected or appointed; there are elected and appointed people on the Board; generally Sam- Trans and the Transportation Authority are members and elected officials; an elected official representing his City and also representing the Transportation Authority has two votes, or they could be ex-officio members and voting members; ex-officio members are non voting members but have influence on the Board; Belmont has a Councilman on C/CAG and a Councilman on the Transportation Authority and could have an ex-officio member; Councilwoman Teglia wants C/CAG to agendize the Subcommittee and have it reviewed periodically, and the issue of the sunset clause; C/CAG is going to disband the S.F.I.A Committee; why C/CAG was formed; etc. Councilman Penna expressed his concerns: con- gestion management will never go away; he felt that the Airport and transportation should be part of the City; C/CAG should be helping to look to combine AGENDA ACTION TAKEN~ · ' 356 ADMINISTRATIVE BUSINESS 2. Review and direction - Continued. 11. Public review of BART Extension EIR proposed comments and transit options for South San Francisco and Motion to transmit comments to BART. ,~,t9 ~ ~ ADMINISTRATIVE BUSINESS governments including police and fire services; no one knows the boundary lines between Colma and Daly City; over C/CAG bringing in the schools. Councilwoman Teglia reiterated that Roger Chin should be given recognition for his work on the disbanded Subcommittee. City Manager Wilson stated that staff had provided documents and there was Council discussion some months ago on the items in the environmental docu- ment. He stated Council and the Subcommittee's thoughts and comments had been incorporated into the proposed draft that is to be transmitted to BART. He stated staff will give an overview of those items, see if staff is in sync with the Council and then discuss the suggested modifications from the Colma Creek Flood Control District. Councilman Drago asked for the letter from Marlene Veach, dated 3/6/95, be incorporated into the re- cord, as well as the response from staff. Chief Planner Solomon related: Bart and Samtrans are proposing an extension of their system from Colma through S.S.F. to or near the Airport; BART has proposed a number of alternate layouts to the system in S.S.F.; currently BART is proposing a cut and cover subway through most of the City until it goes to south of So. Spruce Ave and is cut, which is a concrete box in a trench open to the sky, this is not an acceptable option in staWs opinion; as re- quired by law, BART has prepared an environmental impact report to address the impacts of the proposed project; nearly two months ago the EIR was issued for public review for the public and Council eom- ments on the document; BART has provided a sixty day period; a three week extension was requested by C/CAG and others, BART has not extended the review period; staff, a consultant and the Subcom- mittee review has focused primarily upon traffic and parking issues, land use impacts, construction im- pacts, public safety issues and design issue of the proposed Hickey Station; etc. Interim City Engineer Town related: as a follow-up to the BART alignment vs. the EIR alignment, in 3/8/95 Page 8 AGENDA AC!IQ_N TAKEN $$7 ADMINISTRATIVE BUSINESS 1. Public review of BART Extension - Continued. 3/8/95 Page 9 ADMINISTRATIVE BUSINESS front of Council is an alignment by the Flood Con- trol District and the basic premise is the existing Colma Creek channel is undersized for a fifty year storm and BART will compound the flooding con- ditions as it will be above the flooding. He stated now is the time to make the improvements and staff is looking at the future options, which are limited with BART in place. He stated on Monday there was a meeting with the BART Project Manager to review the final validation site and in brief the Pro- ject Manager concurred with the report, with the engineering, but had three concerns and the first one was the timing and did not want this to affect the EIR. The second one was a real estate issue and that is the right-of-way where they cannot put a cost factor. The third is vibrations and noise that will be felt at Kaiser Hospital which could be mitigated. He stated these items will be included in the report. City Manager Wilson suggested that Council, as a minimum, ask BART to design their improvements so the Colma Creek could be on top of their struc- ture if that became an alternative in future years. Mayor Yee invited the audience to offer input. Mr. Manny Madriaga, 23 Sunrise Court, thanked the Council for appointing him to the Park & Rec- reation Commission tonight. He stated he was addressing Council as President of the Boys and Girls Club, had looked at the 2,000 page document and noticed there is not consideration of the noise impacts during BART construction on the Boys and Girls Club site. He stated that the retained cut will make the Club cease to operate their after school programs and questioned why this was not addressed in the EIR even though it was mentioned in the staff report. He stated their twice a week bingo games provide 45% of their revenue and will not be able to be held. He stated the Club called BART and sent them a let- ter, but feels the mitigation plan should be part of the EIR. Councilwoman Teglia stated the Boys and Girls Club is not a permanent building and the agreement they have with the utility company is that the entire AQ~NDA _AC_T!Q_N TAKEN ADMINISTRATIVE BUSINESS 1. Public Review of the BART Extension. ~ouncilman Drago Left the Podium at 9:45 p.m.) 3/8/95 Page 10 ADMINISTRATIVE BUSINESS structure can be moved in a matter of days. Now, unless there is a different deal with the utility com- pany, where this is now a permanent structure, she did not feel Mr. Madriaga could come to the Coun- cil and make a case for parking because that parking makes the bingo function. She stated the bingo games are large and there is not enough parking for the clients and the people. So, she felt the Club should be cautious in what they talk about in the Club or the building, even though officially it is not a permanent structure, is impacted by BART and something has to be done about the entrance and it has to be done carefully, because, if it is a perma- nent structure, the Club is in trouble. Mayor Yee asked what the harm is in asking that the EIR address the issue. Chief Planner Solomon stated staff had asked. Councilwoman Teglia stated if the EIR comes back and raises this issue you may be raising an issue that should not be raised. Discussion followed: Councilman Penna felt the Boys and Girls Club serves an important function in this community which he did not want to see stopped; Mayor Yee felt the issue is parking; BART is saying the Club's parking lot is going to be taken during construction, so people are not going to be able to get to the Club during the three years of construction; Councilwoman Teglia stated pursuing this issue is running under the guise of being a legal permanent building and this is dangerous territory; etc. Ms. Pat Burke stated she had invited two people to talk about a different view of transit and they have waited a long time to speak this evening. Mr. Michael Kiesling, 750 Columbus,//3, S.F., related: the EIR did not study the CalTrain Exten- sion; he is on the AC in San Francisco who are trying to determine what site CalTrain is going to be on; a study on the CalTrain extension to downtown S.F. will determine there is an impact on BART ridership, the cost of the extension and cost per passenger; during the BART extension people will be using CalTrain, an upgraded vehicle, that is ten ADMINISTRATIVE BUSINESS 1. Public Review of the BART Extension. 318/95 Page 11 ADMINISTRATIVE BUSINESS to fifteen minutes faster because of going around San Bruno Mountain; BART is going to be one line not three lines, so most people are going to have to transfer from Colma, which kills ridership; buses or light rail are 100th less costly than BART and will not take close to a decade to complete; BART is going to come down the peninsula and condenm a great deal of property; the intent of Federal monies being set aside for transit is for high speed in the bay area and that has been cut $600,000,000; the Federal monies can be better spent on a number of San Mateo County projects rather than just BART; SamTrans has the power to delay the study and requested Council to ask for the delay until the CalTrain study is done so Council can make a well informed decision; etc. Discussion followed: if comment is not made the door shuts and the comments should include the downtown CalTrain extension and for SamTrans to delay until after the CalTrain study; SamTrans does not have control of closing the EIR and BART will not continue the comment period; ask that CalTrain be studied with the downtown extension and impacts on the BART ridership and the cost effectiveness; write MTC, MTA and SamTrans for the delay; Councilwoman Teglia wanted to incorporate that into another motion; rail to the Airport to handle increased traffic and extending CalTrain to the downtown San Francisco; etc. MIS Teglia/Penna - On the issue of Caltrain, to ask Samtrans to delay, study the Caltrain downtown extension and its impacts on BART and incorporate it into the EIR. Further discussion followed: spending money and mitigation measures must be looked at; affect on the funding due to the ridership; this City has always encouraged the CalTrain extension; Councilwoman Teglia is not against BART, wants to protect the CalTrain position and does not believe BART has enough money to complete the project; Councilman Penna agrees with Councilwoman Teglia; etc. Councilwoman Teglia withdrew her Motion. Mr. Jim Keegan, 1244 Crestwood Dr., stated BART is not making any secret of not having enough mon- 360 ADMINISTRATIVE BUSINESS 1. Public Review of the BART Extension. 3/8/95 Page 12 ADMINISTRATIVE BUSINESS ey to complete the project and BART keeps men- tioning that all the time. He stated that Council comments in the EIR should clarify that funding scenario does not entail a financial statement from the City of S.S.F. and there must be a miscommuni- cation from BART staff and our staff. If you look at page 24 it says, on the funding, these additional subway segments are to be paid for through local contributions as opposed to at-grade and these addi- tional subways are to be paid for through local contributions and local jurisdictions are still ex- ploring options for their financial contributions. He related that Councilwoman Teglia gave up on financing from the redevelopment area and that does not leave us with funds for the subway. He stated BART does not have enough money to go to the Airport, let alone in a subway, but is short $289.7 million for the Base Case Alternative III and sug- gests that local contributions would be needed to complete that alignment. He stated SamTrans, in addition to its original commitment of 169.9 million to the BART Extension, would have to secure an additional 9.3 million per year just to meet its 25% share of constructing the Base Case Alternative III; BART is talking about a 25' concrete ditch that goes through Myrtle Ave. backyards and wipes out the Boys and Girls Club; the solution is for CalTrain to go downtown; etc. Councilman Penna noted: at the No. County Coun- cil of Cities meeting a BART representative indicat- ed the funding is only $321,000,000 from the Fed- eral Government and will appropriate $1.2 billion over the years and if something critical happens that money can be used for something else; he felt Colma was the City of the dead and should be the final resting place for BART; he feels that when the BART project enters Sunshine Gardens and exits on So. Spruce it impacts many neighborhoods; there is a need for parking structures when you take people away from their homes to go to work; concerned that the signalization on 280 will impact neighbor- hoods; etc. Councilwoman Teglia stated the voiced impacts are not new, elections took place and if BART gets the money they are going to the Airport, so all we can do is make comments; Council wants definitive A~NDA ADMINISTRATIVE BUSINESS 1. Public ReView of the BART Extension. (Cassette No. 2) PUBLIC HEARINGS Public Hearing - ZA-94-87 Amendment to the Re- search and Development Overlay District Regulations and an amendment to the Genentech Research and Development Overlay District Regulations, RZ-94-89 an amendment of the Zoning Map from P-I to P- I/R&D and Approval of Negative Declaration No. 783 (Applicant Genentech, Inc.); Conduct Public Hearing ZA-94-87 and RZ-94-89; resolution to ap- prove Negative Declaration No. 783; Motion to waive reading and introduce ordinance adding Chapter 20.39 to the Municipal Code; Motion to waive read- ing and introduce ordinance adding Chapter 20.40 to the Municipal Code. ,~O~ ~ A RESOLUTION APPROVING ADOPTION OF THE NEGATIVE DECLARATION RELATED TO THE APPROVAL OF: (1) AN AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO ADDING CHAPTER 20.39, THE "RESEARCH AND DEVELOPMENT OVERLAY DISTRICT REGULATIONS," (2) AN AMENDMENT OF THE ZONING ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO ADDING CHAPTER 20.40, THE "GENENTECH RESEARCH AND DEVELOPMENT OVERLAY: DISTRICT REGULATIONS" AND (3) AN AMENDMENT TO THE ZONING MAP OF THE ACI!QM IAK~ 36? ADMINISTRATIVE BUSINESS information on funding in writing; staff has a new draft letter, dated 3/13/95, with changes in italics which had been addressed; make sure BART doesn't enter our City unless it can finish it; add language, no piecemealing; $300,000,000 only covers the design and it should be put in the EIR that S.S.F. is not the last stop; there is a large sewer on Spruce Ave.; City Manager Wilson stated the comments should include proceeding with the improvements above Colma Creek; Mayor Yee directed the City Manager to prepare the language; language does not cover policing of the BART station; this is addressed in the technical report; etc. M/S Teglia/Fernekes - To direct staff to prepare a letter to BART and include this evenings comments. Carried by majority voice vote, Councilman Penna voted no. PUBLIC HEARINGS M/S PennaFFeglia - To continue the Public Hearing to 3/22/95. Carried by unanimous voice vote. 3/8/95 Page 13 ACI!Q_N IAKEN 362 PUBLIC HEARINGS Public Hearing - Continued. CITY OF SOUTH SAN FRANCISCO RECLASS- IFYING CERTAIN GENENTECH PROPERTIES FROM PLANNED INDUSTRIAL (P-I) TO PLANNED INDUSTRIAL/RESEARCH AND DE- VELOPMENT OVERLAY DISTRICT (P-I/GR&D) AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO ADDING CHAPTER 20.39, THE "RESEARCH AND DEVELOPMENT OVERLAY DISTRICT REGULATIONS" TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO ADDING CHAPTER 20.40, THE "GENENTECH RESEARCH AND DEVELOP- MENT OVERLAY DISTRICT" TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND AP- PROVING (2) AN AMENDMENT TO THE ZON- ING MAP OF THE CITY OF SOUTH SAN FRAN- CISCO RECLASSIFYING CERTAIN GENENTECH PROPERTIES FROM PLANNED INDUSTRIAL (P- I) TO PLANNED INDUSTRIAL/RESEARCH AND DEVELOPMENT (P-UR&D) Public Hearing - To consider granting the franchise application requested by Santa Fe Pacific Pipeline to install, maintain and operate an 8-inch pipeline to be used for the transmission of oil and oil-related prod- ucts; Conduct Public Hearing; Motion to approve Mitigated Negative Declaration; waive reading and introduce the ordinance - continued from the 2/22/95 meeting at the Applicant's request. SO ~'~ AN ORDINANCE GRANTING A FRANCHISE TO SANTA FE PACIFIC PIPELINE PARTNERS, L.P. FOR TRANSPORTATION OF OIL AND PRODUCTS THEREOF PUBLIC HEARINGS Interim City Engineer Town stated this item had been discussed on several occasions with the Public Hearing being continued and proceeded to describe the staff report: the ordinance will allow Santa Fe to install approximately 3600 linear feet of 8" diam- eter steel within the City's public streets; the fran- chise will run for 40 years; Santa Fe had prepared responses to Council concerns from a prior meet- ing; Council raised questions which included installation of a double walled pipe; the State Fire Marshal s,trongly opposed the use of doubled walled pipe by letter and clarify their jurisdiction over the installation and inspection of the pipeline; the City Attorney has determined that the City has not the authority to impose requirements beyond those set forth in the state and federal laws related to hazard- ous liquid pipeline standards; staff's concern regard- ing the product's volatility during an inadvertent line break, an additional safety study was done and it was concluded that the new line meets minimum safety requirements required by current design stan- dards and that the 305 foot distance between the new and existing line provides adequate protection; and 3/8/95 Page 14 363 PUBLIC HEARINGS ). Public Hearing - Continued. 3/8/95 Page 15 PUBLIC HEARINGS the study also concluded that additional shut-off valves would not significantly increase the margin of safety and therefore no additional mitigation mea- sures are being recommended. Mr. Bill White, Vice President of Santa Fe Pacific Pipeline, made the following comments about the staff report: since the initial application in August of 1993, we have attempted to address the City's concerns; where mitigation issues have been pro- posed they have been resolved or are unwarranted; one remaining condition is contradictory in the staff report, PAR testing inspections and an annual report to the City - this is delegated to the State Fire Mar- shal's Office; the second issue is that the pipe will be installed with utilities above when they must be underneath; he requested Council to correct these conflicts, if not, vote against it and let them get on with their project; etc. Mr. Walt Brendlen, 242 Shaw Rd., stated he had a breakfast meeting in 1987 with Councilmembers Drago and Teglia, had asked for help and again ask that the Council vote against the franchise. Mr. Louis Dell'Angela, 460 Gardenside, related: Mr. White said they were going to do it their way and if you don't go along with them they will take it to Court; this should be denied because they already have a pipeline coming across the bay; there is an insufficient amount of information to justify this; indemnification has been rejected environmentally because this is not a good project; there were lots of negotiations with the former City Manager; there was a consultant and the environmental review is faulty; this should have been an EIR, because a mitigated negative declaration is not good enough; Santa Fe did not give an answer to what they are going to use the pipeline for across the bay; Santa Fe will put this line under the street and the City has to repair the infrastructure later if there is a punc- ture; this is a one sided deal in favor of the applicant and the City and the property owners have to con- tend with the problems. Councilwoman Teglia asked if the pipeline is operable, but the City Engineer did not know. Mr. Victor Honig stated he has been a property PUBLIC HEARINGS ). Public Hearing - Continued. 3/8/95 Page 16 ACI!QN TAKEN 364 PUBLIC HEARINGS owner on Shaw Rd. over twenty years and just learned of this franchise last Friday. He stated the project has no benefits to the property owners and poses many problems. He was told there are no new pipeline leaks, yet the booklet they gave us tells how to detect a leak and urged the Council to reject this request. Mr. Paul Loginoff is concerned that if there is a leak Shaw Road will become a ghost town. He stated in the franchise agreement there is a hold harmless agreement for the City, but not for the property owners. He related that a pipeline in India leaked and killed 6,000 people, and urged the Coun- cil to reject this request. Mr. Victor Marcus stated that contamination is a serious matter for no property owner can get a mortgage for contaminated soil. Mr. Dan Waldman stated there is unanimous oppo- sition to pipelines from the property owners. Why is this being discussed when there is an existing pipeline. He stated the threat of any leak is just unthinkable because this is a fuel line with major consequences. He stated under the railroad track is a fuel line to the Airport, and to upgrade our land would cost $150,000 on a $2 million project to put a storm drain under the pipeline. He stated that Santa Fe is not willing to consider mitigation measures. He also felt there should be a hold harmless clause for the benefit of the property owners, but wanted the request to be denied. Mr. Dell'Angela stated one of the major issues in tracking is that it goes by the Price Club, a 24" pipeline over utilities with a jet fuel line, yet there is a danger of a leak, which is why it should not be built. He felt Santa Fe should contact CalTrans and put the pipeline along 280. Mr. Dabe McLellen is concerned with the BART line in the event of an explosion with the 34,000 volts. Mr. Ed Collantes, 320 Shaw Road, stated that his firm has been an excellent corporate citizen and was concerned about the following: there is an existing pipeline that crosses the property; this pipeline AGENDA ACI!Q_N IA_KEN PUBLIC HEARINGS 7. Public Hearing - Continued. 3/8/95 Page 17 PUBLIC HEARINGS would pass on two sides of our property; the BART plans are to put a 36,000 volt electrical line down this road; when his firm had prepared the property in 1976 they went through an EIR and found there is a leak from the existing pipeline and not far from where this is going to be put in; the pipeline compa- ny is obligated to repair the line and they only do that when they are caught with a leak; so they hired a consultant to come in and correct the situation; he was told that only half a barrel spilled, yet it took ten dirt loads being hauled away to correct the spill which was a serious contamination issue that was not brought to the attention of the City, the Fire Mar- shal or the property owner; it is not the property owners responsibility to watch them, find a leak and make them take care of the problem; he would support a full indemnification as required by federal and state law, but he also wanted a clause in the franchise agreement for full indemnification for the property owners and any expenses incurred will be absorbed by Santa Fe because they have the eco- nomic benefit which should be shared with the property owners for the location of the pipelines; if a leak occurred we would be absorbing expenses, such as legal fees and Santa Fe should then reim- burse the property owners; etc. Mr. Dale McCord stated any disruption of the pipe- line would be disastrous, more so in his case be- cause there is ground water under his property and if there is a spill it would render his real estate useless when it was appraised at $1.8 million. This is his livelihood and the Council must take the prop- erty owners' interests to heart. He questioned who would pay for the business interruption in the event of a spill, which all of the property owners are con- cerned about. He thought that the right of eminent domain was to help people, but used to put a redun- dant pipeline in, which may be legal, is wrong; etc. Mr. Walt Brendlen related: he spoke twice before on the double wall technology and still feels it should be a necessity; feels there is no technology for monitoring leaks and no one, including Shell Oil Co., will tell you they don't leak; there is no way the property owners can fight a company like Shell which is a foreign company from the Netherlands; questioned what the City will get out of this fran- chise, $50.00 a year; if that is the case, he will give AQ~A A~I!Q~ !AK~ PUBLIC HEARINGS ~}. Public Hearing - Continued. 3/8/95 Page 18 368 PUBLIC HEARINGS the City $50.00 to keep the streets whole so there won't be a leak; before he can get a bank loan on his property he must prove there is no contaminated soil; etc. Mr. White stated he was not challenging Council for they have never used condemnation proceedings in any state. What he meant was he would go back and look at other considerations for he was uncom- fortable with the City's mitigation measures. He related: the existing pipeline is Shell's; there are seven refineries in Benicia that were put in during the 1940s; pipelines are 100% safer than trucks; etc. Discussion followed: Councilman Penna stated he overheard a conversation between two of the Shell Oil people at a deli, on this subject, who said Santa Fe does not usually push this item; all outside agen- cies have signed off on the application; a pipeline already exists under the bay, so there is no hardship here; etc. Motion by Councilman Penna - To deny the fran- chise agreement. City Attorney Mattas stated there is a negative dec- laration and, if this is denied, Santa Fe can use con- demnation proceedings to gain the right-of-way. Motion died for lack of a Second. Motion by Councilwoman Teglia - To deny this request and have staff look for other alternatives. Discussion followed: there is trespassing authority with contaminated soil; can the City give indemni- fication to the property owners; it is statutory to impose conditions in the public interest; if there is condemnation can the City impose conditions; no they cannot; Mr. White stated if the City denied the franchise it will put his company in a better position with Shell Oil Co. A Second to the Motion was made by Councilman Fernekes. Carried by unanimous voice vote. ACTION TAKEN . 367 PUBLIC HEARINGS 0. Public Hearing - Master Fee schedule adding new fees for the tow vehicle companies; Conduct Public Hearing; adopt resolution. ,~'~ 7 7' A RESOLUTION OF THE CITY COUNCIL OF SOUTH SAN FRANCISCO AMENDING THE MASTER FEE SCHEDULE TO ESTABLISH A TOWED VEHICLE RELEASE FEE PURSUANT TO VEHICLE CODE SECTION 22850.5, A TOW VEHICLE COMPANY PERMIT PROCESSING FEE PURSUANT TO MUNICIPAL CODE 6.64.040 AND A TOW VEHICLE OPERATOR PERMIT PROCESSING FEE PURSUANT TO MUNICIPAL CODE SECTION 6.64.190 ADMINISTRATIVE BUSINESS 13. Resolution approving a lease at the Oyster Point Marina for the Oyster Point Marina Inn. ,5'// A RESOLUTION APPROVING EXECUTION OF A LEASE AT THE OYSTER POINT MARINA FOR THE OYSTER POINT MARINA INN Resolution to designate funds from AB434 to ,~/~ MTSMA. A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO C/CAG FOR AB434 FIFTY PERCENT LOCAL SHARE CITY ALLOCATED FUNDS AND DESIG- NATING THOSE FUNDS TO THE APPROPRIAT- ED TO THE OPERATION AND PROGRAMS OF THE MULTI-CITY TSM AGENCY FOR FISCAL YEAR 1995-1996 LEGISLATIVE BUSINESS 15. Motion to adopt ordinance on tow vehicle services. ,.~-"/g9 AN ORDINANCE AMENDING CHAPTER 6,64 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE - TOW VEHICLE SERVICES REGULATED 16. Motion to waive reading and introduce an ordinance_ ~ -"/ on water quality control. 5'/-/ ,.,, AN ORDINANCE OF THE SOUTH SAN FRAN- CISCO crrv COUNCIL AMENDING SECTION PUBLIC HEARINGS Mayor Yee opened the Public Hearing. Police Chief Raffaelli gave the staff report describ- ing the fees this resolution will generate. Mayor Yee closed the Public Hearing after no one chose to speak. M/S Penna/Fernekes - To adopt the Resolution. RESOLUTION NO. 12-95 Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS M/S Teglia/Penna - To adopt the Resolution. RESOLUTION NO. 13-95 Carried by unanimous voice vote. M/S Penna/Fernekes - To adopt the Resolution. RESOLUTION NO. 14-95 Carried by unanimous voice vote. LEGISLATIVE BUSINESS M/S Teglia/Penna - To adopt the Ordinance. ORDINANCE NO. 1160-95 Carried by unanimous voice vote. City Clerk Battaya read the title of the ordinance in its entirety. City Manager Wilson gave the staff report. 3/8/95 Page 19 AGENDA ACTION TAKEN 368 LEGISLATIVE BUSINESS .6. Motion - Continued. 14.08.020 AND 14.08.110 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATED TO WATER QUALITY CONTROL ITEMS FROM COUNCIL 17. Appointment of current members eligible for reap- pointment to Boards and Commissions. ,5"/-.~"--~ GOOD AND WELFARE ADJOURNMENT: LEGISLATIVE BUSINESS M/S Penna/Fernekes - To waive reading and intro- duce the ordinance. Carried by unanimous voice vote. ITEMS FROM COUNCIL M/S Teglia/Fernekes - To reappoint Aldo De Tomasi, Jake Jones and Dennis Rosaia to the Con- ference Center Authority; Edna S. Harks and Fran- cisco Vieira to the Historic Preservation Commis- sion; Efrain Roman and Jeff Mix to the Housing Authority Tenant Commission; Mary Giusti to the Parking Place Commission; Adrian ~I. Scaletti and Anthony E. Smith to the Personnel Board; and William M. Romero to the Planning Commission. Carried by unanimous voice vote. GOOD AND WELFARE No one chose to speak. M/S Penna/Fernekes - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 12:30 a.m. RESPECTFULLY SUBMITTED, APPROVED. Barbara A. Battaya, City City of South San Francisco Robert Yee, Mayor City of South gan 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. 3/8/95 Page 20