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HomeMy WebLinkAboutMinutes 1995-03-22 Mayor Robert Yee Council: Jack Drago Joseph A. Fernekes -"lohn R. Penna Roberta Cerri Teglia ~_!~_UIE~ City Council Municipal Services Building 'Community Room March 22, 1995 369 .~P_ECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO MARCH 22, 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 22nd day of March 1995, at 7:05 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Consideration and appointment of a Park & Recreation Commissioner. 2. Adjournment. Dated: March 20, 1995 City Clerk City of South San Francisco CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) Consideration and appointment of a Park & Recre- ation Commissioner. ,5-/~g- ~ ACI!ON TAKEN 7:25 p.m. Mayor Yee presiding. Council Present: Council Absent: Drago, Fernekes, Penna, Teglia and Yee. None. City Attorney Mattas related: at the 318195 meeting Council appointed Manny Madriaga to the Park & Recreation Commission following the interview process for all candidates; the issue arose of whether Mr. Madriaga is a qualified candidate because he was not registered to vote when interviewed by the Council; Municipal Code requires that the members 3/22/95 Page 1 370, . 1. Consideration and appointment of a Park & Recre- ation Commissioner - Continued. be electors of the City and that requires that a per- son be a registered voter; the application does indi- cate that all applicants must be registered voters of the City and the application asks if they are; Mr. Madriaga signed it on 12/30/94, submitted the appli- cation on 1/4/95 and it was accepted; close of appli- cations was 1/25/95; according to the County, Mr. Madriaga was a registered voter in Millbrae, the prior registration was in Hillsborough and was not registered in S.S.F. until 3/17/95; Mr. Madriaga believes he submitted a registration form on 12/4/95, but the County has no record of that; the City Attorney spoke to Edie in the Election Department and County Clerk/Recorder Slocum for the factual information stated; based on that informa- tion it is his opinion that Mr. Madriaga was not a qualified candidate at the time interviewed and ap- pointed on 318/95; the only qualification was that he be a registered voter of S.S.F.; even though he said he submitted a registration, it was not received into the records; based on that information, he was not a qualified candidate at the time of the interview and appointment, so the Council action is invalid and that puts the Council in the position to name an appointment from the qualified candidates for that position. Mayor Yee stated as of today, according to the information received, the County shows Mr. Madriaga legally registered as of 3/17/95. City Attorney Mattas stated yes and previously registered in Millbrae and prior to that Hillsborough. Discussion followed: the application asks if the candidate is a registered voter of the City of S.S.F.; the Millbrae voter registration is dated 1/4/95; that is a change of address that is affected by the County Recorders Office; what happens is individuals who did not vote in the last election are put on a list that is compared to postal address changes and, if there is a match by name, then the County Recorder's Office will make a change to the registration of the individual - which they did in Mr. Madriaga's case, because he filed a change of address to Millbrae with the Post Office; Mr. Madriaga moved to 23 Sunset Court in early December; etc. Mr. Alex A. Esclamado, 371 Allerton Ave., stated he has been publisher of the Filipino News in S.S.F. 3/22/95 Page 2 AQE~R& A~I!QN TAKEN 37.'[ r 1. Consideration and appointment of a Park & Recre- ation Commissioner - Continued. for the past 14 years and National President of an organization of Filipino leaders whose principal purpose is for the empowerment of the Filipino community. He stated Filipinos are the second largest ethnic group in this County but with few elected or appointed people. He wanted to invite the Council to a function on 411/95, but late this afternoon he was eonfromed with this issue and was here speaking for Mr. Madriaga. He related: Mr. Madriaga's soul belongs to $.S.F.; he was told by Mr. Madriaga that he mailed his registration on 12/6/94 and furnished a copy for his view; this is the third home Mr. Madriaga has bought in S.S.F.; Council must deal with the es- sence of the law and grant for a situation where the form was misplaced or somehow a clerk did not feed the name into the computer; the appointment would be proper, because now he is a registered voter; the City Attorney should have checked, if this is for qualification, for it should be easy to call voter registration and check if he was a registered voter at that time; Council had determined his com- petence to be appointed; the Filipino community asked Mr. Madriaga to find a place to serve and that is why he came back to S.S.F. to serve. Mayor Yee stated this was never a question of abili- ty but in fact where was Mr. Madriaga registered to vote. Mr. Esclamado stated that is the point, he took the steps to mail the form, he has evidence of that and it would be easy for the Council to reappoint Mr. Madriaga. Mrs. Madelon Madriaga, 23 Sunrise Court, stated she was here to speak of her husband of 25 years. Like all of us he is not the perfect man and wants to make a difference and get involved, to survive as an off-shoot of diversity. Her husband does a lot of volunteering, he works for the Boys and Girls Club, the Lions Club and she volunteers with the Service League and Writers Club; etc. She stated her husband does not inhale substances or have other bad habits and serves the community. She acknowledged that the Post Office could have automatically changed their address to Millbrae even 3/22/95 Page 3 TAKEN 372 .Consideration and appointment of a Park & Recre- ation Commissioner - Continued. though they only stayed there five months because the new house was being built, however, it did not get built until December. She described the many problems in completion of the house. She feds her husband is a very good person and she would like to believe the City will not punish him for the good work he has done. Mr. Manny Madriaga, 23 Sunrise Court, stated he did not question any of the things in the City Attorney's staff report and felt he had complied 100% for consideration as a Commissioner. He is a member of a voter registration drive and they sat at Serramonte to get people to sign the form and they then dropped them in the mail. He had with him the original stub, after mailing the registration, and a copy of his registration which he retained knowing he was going to put in an application for the Com- mission and he knew he had to check the box marked registered voter of S.S.F. and be one. When he received notification there might be a problem with his registration he went to the regis- tration office and was surprised that it did not show in the records for S.S.F. So, he registered again, in the spirit of complying, and gave the registration form to Edie showing a registration date of 3/17/95. He then talked to Warren Slocum and asked about his December form, faxed a copy of the completed form to Warren and was told he immediately inputed the registration for S.S.F. He felt he had complied with the spirit of the law, unfortunately he could not control what happens in the Post Office and had requested a tracer on the number of the registration because he knew what box he dropped it into. He felt the point being missed is that he is the same person the Council voted on two weeks ago to fill the spot and he believed he was selected for his patience and interest in programs that deal with youth. He is specifically involved with programs that prevent kids from using drugs, such as Fresh Start and is a member of the Red Ribbon Committee sponsored by the Chamber of Commerce and other programs dealing with drugs. He is also interested in issues dealing with seniors and classes in eom- puter literacy, which he was happy to see in the latest recreation brochure and plans to get a class started in the Boys and Girls Club; etc. 3/22/95 Page 4 373 Consideration and appointment of a Park & Recre- ation Commissioner - Continued. He understands that the burden of proof is on him and is not questioning what the City Attorney has in the staff report. Mayor Yee questioned: did Mr. Madriaga have the bottom portion of the 12/6/94 registration form mailed to the County; people don't usually zerex the registration form and keep the bottom portion as well - why did he do this; where did he get the registration form; he did not know he was not regis- tered until the City Attorney contacted him. Mr. Madriaga replied: yes, he had the original bottom portion of the registration; he is a compul- sive list maker and has a reasonable file system, plus having read the requirement on the Commission application form to be a registered voter, as well as the registration being a part of the advertisement; he had called and stopped into the Clerk's Office to find out the requirements and get an application; he was part of a voter registration drive that picked up registration forms from Edie at the Election Dept., sat in Serramonte with the forms before the November election and took one that he filled out and mailed the next day; he was surprised the Elec- tion Dept. had registered him in Millbrae; he had found his zerex copy of the December registration in his files at work, two days ago; etc. Discussion followed: Councilman Perma believed Mr. Madriaga had dropped the 12/5/95 registration form in the mail; the County has not located the 12/6/94 registration form; the City Attorney's opin- ion is that at the time of the application Mr. Madriaga was not a registered voter, and at the time of the appointment was not a registered voter and the appointment is not valid; the Council can make another appointment, include Mr. Madriaga in the list of candidates or open it up and allow anyone to apply; Councilman Drago felt other candidates have the right to challenge if he is appointed tonight or we can open a new process; Mr. Madriaga felt he had complied with the requirements; Councilwoman Teglia disagreed and felt the Council had to go with the rules of the application process as the other candidates had when interviewed; . Mr. Madriaga can apply for any open seats as they open; Mr. Madriaga did not receive the 12/6/94 registration slip from the County, perhaps because they moved from Hillsborough to Millbrae and then to S.S.F. and did have a problem with the Post Of-flee where 3/22/95 Page 5 ~ENDA A~!QN TAKEN 374 1. Consideration and appointment of a Park & Recre- ...... ation Commissioner - Continued. ADJOURNMENT: many of their bills were late; the Madriaga family moved to S.S.F. on 12/5/94 after buying the house in August with the completi6n of the house being postponed; Mr. Madriagi had title to the house on 12/1/94 when escrow dosed; Councilman Penna had an experience a few years ago when he changed his registration to a democrat to vote for Jaekie Speier in the primary and went to the City Clerk's Office to have her register him on the spot and back again to reregister independent after the election; the City Clerk is a Deputy Registrar of Voters and it is a shame Mr. Madriaga did not have her register him on 12/5/94; Councilwoman Teglia suggested an appointment be made from the interviewed list and consider Mr. Madriaga at the next go around; etc. Mr. Esclamado felt the Council was going to shame Mr. Madriaga because he could not prove that he was a registered voter at the time he was appointed. How best are the people of S.S.F. served if Mr. Madriaga has complied and it is a matter of a tech- nicality for he is the best candidate as shown by his being appointed on 3/8/95. Are we going to punish a guy that has, in good faith, taken the necessary steps and nothing happens and no one can disprove his registration; etc. Mayor Yee read the letter into the record from County Clerk/Recorder Slocum, dated 3/21/95, saying that Manuel Madriaga is registered at 23 Sunset Court, however, it does not say if he was registered on 12/6/94 or on 3/17/95; unless the Council allowed Mr. Madriaga's name on the list to be appointed this evening, Mr. Madriaga's name will not appear on the voting list nor may he be appointed; etc. By written unanimous vote, Valerie Clement was appointed to the Parks and Recreation Commission. M/S Penna/Teglia - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 8:25 p.m. 3/22/95 Page 6 375 RESPECTFULLY SUBMIT'FED, Barbara A. Battaya, City Clerk /_/ City of South San Francisco APPROVED. City of Sou ah 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. 3/22/95 Page 7 Mayor Robert Yee Council: Jack Drago Joseph A. Fernekes "'"lohn R. Penna Roberta Cerri Teglia MINUTE_S City Council Municipal Services Building Community Room March 22, 1995 376 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: PRESENTATIONS Resolution Commending Alfred Salogga ~'~solution Commending Pedro Gonzales Proclamation - Year of the Child - Denise Davis ~D~ 7 AGENDA REVIEW "'"RAL COMMUNICATIONS ACTION TAKEN 8:33 p.m. Mayor Yee presiding. Council Present: Drago, Fernekes, Penna, Teglia and Yee. Council Absent: None. The Pledge was recited. PRESENTATIONS Councilman Fernekes read the Resolution aloud and presented it to Mr. Alfred Salogga. Councilwoman Teglia read the Resolution aloud and presented it to Mr. Pedro Gonzales. She commend- ed him for his quality development as a statesman while being a Commissioner. She stated that fre- quently there are people coming forward represent- ing different ethnic groups and make a case for that, however, while you may come from a particular section of the community the person is there to represent the whole community. She stated that even though Pedro was proud of being a hispanic he always represented the whole community. Councilwoman Teglia read the Proclamation aloud, presented it to Gregory Wilson and his sister and told the Director of Parks, Recreation and Commu- nity Services it was not a heart warning Proclama- tion. AGENDA REVIEW City Manager Wilson stated there are no changes to the Agenda. ORAL COMMUNICATIONS No one chose to speak. 3/22/95 Page 1 A~I!~ !AKEN 377 ~OMMUNITY FORUM CONSENT CALENDAR Motion to approve Minutes of the Regular Meeting of 2/22/95, Special Meeting of 3/6/95, Special Meeting of 3/8/95 and Special Meeting of 3/8/95. 2. Motion to confirm expense claims of 3/22/95. ,5'0 Motion to approve the Conference Center Authority Fiscal Year 1993-94 Audited Financial Statement and Report; Fiscal Year 1994-95 Mid-Year Budget Re- port; and Booking Report. _6~6tt9 Motion to adopt an ordinance on the water quality, b__tg,; Control. ~'~/ AN ORDINANCE OF THE SOUTH SAN FRAN- CISCO CITY COUNCIL AMENDING SECTION 14.08.020 AND 14.08.110 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATED TO WATER QUALITY CONTROL Motion to authorize the Aircraft Noise Insulation Program Manager to execute a lease for rental of a warehouse at 325 So. Maple Ave. for storing win- dows and other materials for Phase VIII of the Air- craft Noise Insulation Project. Motion to authorize the Aircraft Noise Insulation Program Manger to execute a lease for rental of a house at 124 LaCrosse Ave. for use both as a show- case of Aircraft Noise Insulation Program improve- ments and as an office. COMMUNITY FORUM Councilman Penna spoke of a letter from BioSci- ence, which is a Company that has been funded to get into various communities, and felt the Council should proceed with caution. Mayor Yee stated the firm will work with the City Manager. Councilman Fernekes wants the CDBG Subcom- mittee to explore the use of HUD funds in the rede- velopment areas. CONSENT CALENDAR Approved. Approved in the amount of $2,108,760.25. Removed from the Consent Calendar for discussion by Councilwoman Teglia. ORDINANCE NO. 1161-95 Removed from the Consent Calendar for discussion by Councilwoman Teglia. Removed from the Consent Calendar for discussion by Councilwoman Teglia. M/S Teglia/Perma - To approve the Consent Calen- dar with the exception of Items 3, 5 and 6. 3/22/95 Page 2 AGENDA ACIIQN TAKEN - 378 ~ONSENT CALENDAR Motion to approve the Conference Center Authority Fiscal Year 1993-94 Audited Financial Statement and Report; Fiscal Year 1994-95 Mid-Year Budget Re- port; and Booking Report. .-,~qt~ ~ o Motion to authorize the Aircraft Noise Insulation Program Manager to execute a lease for rental of a warehouse at 325 So. Maple Ave. for storing win- dows and other materials for Phase VIII of the Air- craft Noise Insulation Project. ..5~2. ~ Motion to authorize the Aircraft Noise Insulation Program Manager to execute a lease for rental of a house at 124 LaCrosse Ave. for use both as a show- case of Aircraft Noise Insulation Program improve- ments and as an office. ~ 2-'~ q 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 3/22/95 Page 3 CONSENT CALENDAR Carried by unanimous voice vote. Councilwoman Teglia stated she took this item off the Consent Calendar so she could commend the Board and Executive Director on an outstanding job. M/S Teglia/Fernekes - To approve the Conference Center Authority Fiscal Year 1993-94 Audited Fi- nancial Statement and Report. Carried by unanimous voice vote. Mr. David Valkenaar related: the City has insulated 700 homes in 10 years; the rest will be done by the year 2000; goal is to provide service at the lowest possible cost; these leases will result in cost savings; etc. Mayor Yee wants a line on the document for the Attorney to sign as to form. M/S Teglia/Drago - To execute a lease for rental of a warehouse at 325 So. Maple Avenue for Phase VIII of the Aircraft Noise Insulation Project. M/S Teglia/Drago - To authorize the Aircraft Noise Insulation Program Manager to execute a lease for rental of a house at 124 LaCrosse Ave. for the Aircraft Noise Insulation Program. Carried by unanimous voice vote. Councilwoman Teglia wants to know the cost of putting out a quarterly communication to the neigh- borhoods on the subject. PUBLIC HEARINGS City Clerk Battaya stated the Public Hearing was opened at a previous meeting and the titles of both ordinance were read in their entirety. Chief Planner Solomon related: the staff report responds to questions posed by Mayor Yee and there are amendments to ordinance compliance; contribu- tions to the Oyster Point Interchange Fund; contribu- tions to the Capital Improvement Fund; discretion- ary permits were done by the Planning Commission _A G _~. N D_ _A ACTION T A K..~ N - 379 PUBLIC HEARINGS I. Public Hearing - Continued. 20.39 to the Municipal Code; Motion to waive read- ing and introduce ordinance adding Chapter 20.40 to the Municipal Code - continued to 3/22/95 at the Applicant's request. 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 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-I/R&D) PUBLIC HEARINGS in the past; Chief Planner will now issue minor permits; most of Genentech's Projects are very large and are subject to capital improvement standards; Genentech continues to meet the TSM standards - otherwise there will be additional controls; Genentech does meet the vehicle employment ratio standards; the formula says if the square footage is less than 10,000 sq. ft. there is not a fee; etc. Discussion followed: Mayor Yee thought the Council was dealing with a campus, a lot of small pieces, that will not be subject to a fee and has a problem with that; City Attorney Mattas felt that is a critical policy decision, but the formula applies to discretionary approvals; etc. Mr. Jim Panic, Vice President of Engineering, related: Genentech's objective with the overlay and master plan was not to seek special relief from fees because they have paid their share; they are continu- ing to grow as a company; concerned with extending a level of requirements that are currently in the ordi- nance; they are not interested in paying their fair share in any fees we feel may be unfair or a burden to Genentech; they want to establish administration review and accomplish a streamlining relating to these types of projects, which is a key element to expediting the projects; the benchmark of 10,000 sq. ft. in new projects or new additions is more effec- tive because they deal with office space and will not be subject to the overpass fee; etc. Mayor Yee stated Genentech has a campus as one large project with parking and other requirements treated as one project, so when you come to the Oyster Point Formula you treat it differently. He did not know how many projects Genentech will have in the future, the staff report says one in the last five years. If that is true what is the problem with a fee for the Oyster Point Formula. Discussion followed: Genentech is not able to pre- dict their future projects; the Council was try- ing to facilitate the landscaping and the parking; Genentech feels that the over 10,000 sq. ft. build- ings generate the vehicle trips; everyone has to pay their fair share if they generate traffic on Oyster Point; the City Attorney can change the language to read the Oyster Point Formula will apply to admin- 3/22/95 Page 4 ACTI_ON T A__K_E N 38O PUBLIC HEARINGS ~. Public Hearing - Continued. 8. Public Hearing - ZA 95-90, Ordinance amending Section 20.30.040(g) of the Industrial Zoning District M-l) and Section 20.32.070(g) of the Planned Indus- trial Zoning District (P-I) establishing criteria as to the amount of dangerous material that may be stored or handled and be subject to the discretionary ap- proval of the Planning Commission; Conduct Public Hearing; Motion to waive reading and introduce the_,_, ordinance. ,~'O~ ~/ AN ORDINANCE OF THE SOUTH SAN FRAN- CISCO CITY COUNCIL AMENDING SUBSEC- TION (g) OF SECTIONS 20.30.040 AND 20.32.070 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATED TO CONDITIONALLY PER- MITI~ED LAND USES IN THE M-1 AND PI ZON- ING DISTRICTS PUBLIC HEARINGS istrative approvals; it is Councilman Drago's belief that the Council will revise the formula when the Interchange is finished, so, with future Genentech projects, there may or may not be a formula; Mr. Panic felt the changed language will impact the building permit process; the City Attorney could change the language to only apply to an increase in square footage, then they would be exempt to pull- ing a permit; Mayor Yee felt if Genentech generates more traffic, then you must pay the fair share; City Attorney can prepare language tonight to waive the reading and introduce the ordinance and come back at the second meeting and come up with a more clear way to make the statement; City Attorney stated the real issue is are they adding additional trips, then we can make the language an adminis- trative approval, which will address Mr. Panic's concerns; Mr. Panic felt the City Attorney was describing the incremental impacts which will re- quire an analysis on every building to see the trips generated when all they were adding is a new piece of review on whether trips are being added or not; it could be the Chief Planner's decision on trips being added and, if not, he could tell that to the Building Division and a permit is not needed; City Attorney Mattas stated some of the Genentech representatives want to talk privately outside before the Council takes action. City Clerk Battaya read the title of the ordinance in its entirety. Mayor Yee opened the Public Hearing. Chief Planner Solomon gave a brief staff report. Mayor Yee closed the Public Hearing after no one chose to speak. Discussion followed: Councilman Drago questioned who made the determination to use the word danger- ous when the Codes say hazardous; the references in the Codes are to hazardous material; does this apply to any new applicant; applies to new applications while others would be non-conforming. M/S Fernekes/Penna - To waive reading and intro- duce the ordinance. 3/22/95 Page 5 AG_E_NRA _ACI!QN _T_AK_EN - 381 PUBLIC HEARINGS I. Public Hearing - Continued. ADMINISTRATIVE BUSINESS 9. Motion to approve the Conference Center Authority's proposal to administer certain steps regarding the advertisement and application process for future, vacant Authority Member positions. ~ ~-/t9 10. Resolution approving a settlement agreement between the City and Shell Oil Corp. related to a 1983 petro- leum release at the City's Water Quality Control Plant. ..q'-O ~ 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN APPROVING A SET- TLEMENT AND RELEASE WITH SHELL OIL CORPORATION RELATED TO A 1983 RELEASE OF PETROLEUM PRODUCTS AT THE CITY'S WATER QUALITY CONTROL PLANT PUBLIC HEARINGS Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Conference Center Executive Director Carl stated the Authority wants to be involved in advertising and the application process for Boardmembers. M/S Penna/Teglia - To approve the Conference Center Authority's proposal to administer certain steps regarding the advertisement and application process for future, vacant Authority. Member posi- tions. Carried by unanimous voice vote. Mr. John Gibbs, Engineer, related: during the expansion of the Water Quality Control Plant the City encountered contamination and tried to find out the source; it comes from a valve that blew up on the Shell Oil property near the fence in 1983; this contaminated the area through pipe trenches and necessitated it be cleaned up; when the contam- inated area was found a meeting was called with Shell Oil and a plan was put together to mitigate the problem; Shell cooperated from the beginning and the problem was taken care of within the budget of the Water Quality Control Plant; all costs were shown and a claim was submitted for $360,000; they dispute the code generation facility was delayed in construction and rebutted a second issue and settled for a 60-40 split, which staff feels is a good settle- ment. Discussion followed: this took twelve years to collect; when they opened up the trenches they found hydrocarbons and oil, which has a footprint; tank farm next to WQCP is full of contaminants and Shell Oil may have to put in some system to dam it so it can't come up. M/S Fernekes/Penna - To adopt the Resolution. RESOLUTION NO. 16-95 Carried by unanimous voice vote. Mr. Gibbs stated that due to the rains the construe- 3/22/95 Page 6 A~ENDA . 382 ADMINISTRATIVE BUSINESS 0. Resolution - Continued. LEGISLATIVE BUSINESS 11. Motion to waive reading and introduce an ordinance relating to the frequency of the meetings of the South San Francisco Conference Center Authority. 5qd> ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AMENDING CHAPTER 2.78 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO THE MEETINGS OF THE SOUTH SAN FRAN- CISCO CONFERENCE CENTER AUTHORITY 12. Motion to waive reading and introduce an ordinance expanding the Historic Preservation Commission from five to. seven Members. ,~'-'~o ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AMENDING SECTION 2.58.030 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATED TO THE ESTABLISHMENT AND APPOINTMENT OF THE MEMBERS OF THE SOUTH SAN FRAN- CISCO HISTORIC PRESERVATION COMMIS- SION 13. Motion to waive reading and introduce an ordinance expanding the Personnel Board from five to seven Members. p - ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AMENDING SECTION 2.62.010 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATED TO ESTABLISHING MEMBER APPOINTMENTS FOR THE PERSONNEL BOARD (Cassette No. 2) ADMINISTRATIVE BUSINESS tion of the Oyster Point Overpass had been delayed. Mayor Yee wants a Subcommittee meeting on the Oyster Point Overpass. LEGISLATIVE BUSINESS City Clerk Battaya read the title of the ordinance in its entirety. M/S Penna/Fernekes - To waive reading and intro- duce the ordinance. Carried by unanimous voice vote. Mayor Yee stated he received a letter from Person- nel Boardmember Noftsger asking that this and the following matter be continued to receive Commis- ion input. He stated he was not in a hurry to take action on these items, so have the City Manager contact each of the Boardmembers. Councilwoman Teglia-noted this was a prerogative of the Council. Councilman Penna stated he received a call about the expansion of the Personnel Board asking if the Board is working now why expand it. He had responded that it was Council's prerogative. The person questioned if the Board could also go down in number. He had pointed out that it is like eronyism and he said that is not the ease because we have talented people. Other Commissioners he talked to felt it should be left alone. Councilman Drago felt that was reason enough to respect the Commissioners' wishes. Mayor Yee felt the Commissioners should be heard. M/S Drago/Fernekes - To continue Items 12 and 13 and have the City Manager write Commissioners for their written comments. Carried by unanimous voice vote. 3/22/95 Page 7 AGENDA _AC_T!Q_N TAKEN 383 ITEMS FROM COUNCIL 4. Reappointment of Housing Authority Commissioner Claar by the Mayor with the concurrence of Council. PUBLIC HEARINGS 7. 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 - continued to 3/22/95 at the ~ Applicant's request. St9 ~ ~ 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 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) ITEMS FROM COUNCIL Councilwoman Teglia stated she wants to interview Mr. Claar before Council took action. M/S Teglia/Drago - To interview Mr. Claar first before taking action on a reappointment. Carried by unanimous voice vote. Mayor Yee asked the City Manager to contact Mr. Claar for a 7:10 p.m. meeting on 4/12/95 for an interview. PUBLIC HEARINGS City Attorney Mattas related that, after a conversa- tion with Genentech in the Atrium, they came up with language that is acceptable in the referenced ordinance. He stated it made reference to Subsec- tion A on discretionary land use approvals on page 9 of the staff report. The proposed modification language would pick up on the second line from the bottom "Discretionary land use approvals, including minor use permits and use permits issued pursuant to Chapter 20.39, and approvals pursuant to admin- istrative review under Chapter 20.39.060(b) when additional vehicle trips will be generated". He di- rected attention to the first ordinance in the packet, Chapter 20.39, Research and Redevelopment over- lay District on page 9 of the ordinance, sub. b Administrative Review, those are the items that, under the proposed ordinance, would now be admin- istrative approvals rather than the potential for dis- cretionary approvals, and those items will be subject to the Oyster Point Contribution Formula under this proposed language. So, you have every item identi- fied - the administrative review, minor use permits and use permits, all subject to the Oyster Point For- mula. This gets us away from that problem of certain kinds of building permits that might not add vehicle trips. Mayor Yee asked if that would satisfy the Council's intent. City Attorney Mattas replied yes, he had talked to the Chief Planner and they felt this would cover the Genentech expansion which would increase traffic out there. 3/22/95 Page 8 PUBLIC HEARINGS Public Hearing - Continued. 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-I/R&D) GOOD AND WELFARE ADJOURNMENT: PUBLIC HEARINGS M/S Pennafreglia - To adopt the Resolution. RESOLUTION NO. 15-95 Carried by unanimous voice vote. M/S Teglia/Penna - To waive reading and introduce the ordinance adding Chapter 20.39. Carried by unanimous voice vote. M/S Fernekes/Teglia - To waive reading and intro- due the ordinance adding Chapter 20.40 as. amend- ed and read into the record by the City Attorney. Carried by unanimous voice vote. GOOD AND WELFARE No one chose to speak. M/S Penna/Teglia - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 10:50 p.m. RESPECTFULLY SUBMITTED, APPROVED. Barbara A. Battaya, City Clerk ~/ City of South San Francisco Robert Yee, Mayor City of Sout'~ San Francisco The entries of this Council meeting show the action taken by the City Council tc 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. 3/22/95 Page 9