Loading...
HomeMy WebLinkAboutMinutes 1996-09-11Mayor Jack Drago Council: Joseph A. Fernekes Eugene R. Mullin Iohn R. Penna Robert Yee City Council Municipal Services Building Community Room September 11, 1996 I/PL. 5'/ CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS ertificate of Recognition to Edna Harks Commending Resolution - Burl Thompson Proclamation - National Adult Day Care Center Week Dixine Davis, Caregiver, daughter of Flora Gillespie who is a participant at the Adult Day Care Center Project Read by Leslie Shelton _ alma Creek Update ACIIQN TAKEN 7:55 p.m. Mayor Drago presiding. Council Present: Council Absent: Fernekes, Mullin, Penna, Yee and Drago. None. The Pledge was recited. A clergyman was not present and an invocation was not given. PRESENTATIONS Mayor Drago presented the Certificate to Ms. Harks and commended her efforts to get the sign on Sign Hill made an Historic Resource and placed in the National Register. Vice Mayor Fernekes read the Resolution aloud, presented it to Mr. Thompson and commended him for his years of service to the City supervising the garage and maintaining City vehicles. Councilman Mullin read the Proclamation aloud and presented it to Ms. Davis. Ms. Davis stated she was very grateful for the love and care given her 91 year old mother by Day Care Center workers. Ms. Leslie Shelton gave a brief update of the pro- gram, showing a video of Walter Mills as a partici- pant and stated the video will be seen at a Giants game. She also presented an easy reader voter guide video and spoke of the theory of multiple intelligence. Director of Public Works Gibbs gave an overview, with the aid of San Marco County Flood District 9/11/96 Page I pREsENTATIONS :olma Creek Update - Continued. AGENDA REVIEW City Manager Wilson Requested: - Open the Public Hearing for Item 13 and continued it to the next meeting. - Remove Item 23 and 24. - Advance Item No. 21 on the Agenda due to representa- tives being present. ORAL COMMUNICATIONS PRESENTATIONS Program Manager Brian Lee and Senior Engineer Bob Frame, on the construction channel improve- ments: nine projects have been completed; projects under construction; design contracts being negotiat- ed; projects to be constructed by BART; tentative construction schedule; potential issues of hazardous materials, environmental clearance; funding - Reve- nue bonds, BART $6.4 million, Caltrans $4.4 mil- lion and a $1.5 million shortfall. Discussion followed: there is a problem with Ballot Measure 218; project goes before the Board of Supervisors on 9/24/96; the upper channel work is necessary otherwise there will be flooding from BART's construction and they are negotiating to extend it up Mission Road; Project 11 has $4.4 million from Caltrans and the remaining $6 million is from the Flood Control Board; the lower regions will not be done until 2005; they are looking at the creek carrying a higher flow for a 50 year storm capacity; there were problems with the Linden Ave- nue Bridge when it was built in 1974 because the capacity was not good; that will have to be reshaped for the channel is part of the problem; etc. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS Mr. Angelo Romanini, 338 Alta Mesa, reiterated that he took time to read the Molieri transcripts, several months have passed, he hoped the Council had read the transcripts and would address ques- tions. He realized the Council had been advised not to because they could be found civilly libel due to the actions of the Chief of Police and he believes anyone at the hearing has lost faith in the police now that the Chief and other officials are allowed to do what they please. He stated the Council is not addressing his concerns and questioned if Council thought everyone had 9/11/96 Page 2 AGENDA ACTION TAKEN ORAL COMMUNICATIONS 9/11/96 Page 3 ORAL COMMUNICATIONS forgotten what took place - he is sorry to say he has not forgotten. He questioned who is going to take responsibility for any further misconduct by the police, for they are paid out of tax dollars, plus the different standards and discrimination against police officers. What actions are taken against the Police Chief or other officers violating the law according to the police procedures when the Chief signs a docu- ment of two officers not using excessive force. These are events in the transcripts that were sworn to under penalty of perjury, when is Council going to address these citizens' concerns. Mayor Drago asked the City Attorney for an update on the case. City Attorney Mattas related: the case is proceeding and the Council has been provided with copies of the transcripts; the case was before the EEOC for review and right to sue - which was done; the EEOC has issued the letter, but did not indicate any finding on the veracity of the allegation by Officer Molieri; the City has hired an independent investi- gator and there has been no substantiation of the complaints, so Officer Molieri has a right to sue and can proceed with the civil suit, but the EEOC will not say anything for they are out of it. He stated the transcripts will be part of the investigation, because they are part of the proceedings before the Personnel Board. He did not know what the speaker was referring to, but all of the issues raised regarding possible exces- sive force have been reviewed by the City and found to be without basis. Mayor Drago suggested Mr. Romanini put his charges or allegations against the Police Chief on paper and submit them in writing to the City Man- ager, for he is the one responsible for hiring and firing employees. He assumed Mr. Wilson will respond to those allegations in a proper manner. Mr. Ernie Molieri, 340 Alta Mesa, commented on the good points made by the previous speaker, for he too has concerns regarding these issues as this involves his brother, as well as the length of time for communication between the City Manager and the Council regarding this entire affair. He AGENDA ACTION TAKEN .ORAL COMMUNICATIONS 9/11/96 Page 4 ORAL COMMUNICATIONS stated his brother has his own representations, which the City is responsible for, and he is protecting his own interest. He is concerned over the structure in the Police Department and, if there are questions on the accountability of the Police Chief and the adminis- tration, he wonders if that will be answered by the City Manager and City Attorney. He questioned the independent investigator cost of $19,000 of taxpayers' money and saw it as an ineq- uity for, if the transcripts were read and they have integrity, this process would not have taken place. He stated there is another firm representing the City, so he is confused as to what purpose the City Attor- ney serves if the City is paying another firm on this case and questioned what firm that is.. City Attorney Mattas stated there was a letter to Mr. Molieri with the investigator's name, and the letter- head has her name, which is in Southern California, which was hired by the City. Mayor Drago stated the City is obligated to follow up on any claim for it is not uncommon for the City to hire other attorneys, for otherwise it would be derelict. City Attorney Mattas replied: yes, the City is re- quired to look into allegations and did hire an out- side attorney firm whose costs are $10,000 to date. Mr. Molieri was discouraged for this sum of money could be used elsewhere. He questioned why only 11 or 12 of the 39+ officers' testimony was used. He stated all police administration employees are caucasian, no hispanics, there are no black officers and only one woman who is involved in the public hearing. It concerns him on how this can be a fair investigation - where are the other officers and were there front line officers excluded. He gets the im- pression the City does not want to hear from them - why only the chosen few were picked and are they close to the Chief of Police. City Attorney Mattas related: the statements made by Mr. Molieri are not reflective of the report itself; he believes it would be prudent for him to f)RAL COMMUNICATIONS 9/11/96 Page 5 ORAL COMMUNICATIONS meet with him; there were many more officers and the report was extensive - so, there are factual inaccuracies. Mr. Molieri stated he did not care to meet with the attorney, but wanted to convey his concerns. He obtained his information from the EEOC and it does not elaborate on the officers. He questioned why everything has to be hush hush. He realizes the Council is tired of seeing him up here speaking, but he has to ask questions for his family's welfare. If he could not get the information here, then he would get it from the EEOC and bring it forward. He is confused that some of these topics come up during closed session, and he asks why can't they be part of the Agenda so the citizens know, for it is their tax dollars. Mayor Drago stated there had not been a closed ses- sion for over a month and are speaking about a $3 million claim against the City and the City has been put in jeopardy by that claim. Discussion followed: Mr. Molieri did not feel citizens were getting straight answers and he is concerned that the Court is not going to deal with the discrimination in the Police Department; why wasn't there another investigation, such as the one with Gates in Los Angeles; Mayor Drago pointed out that Officer Molieri did request and have a public hearing; if Mr. Molieri has specific com- plaints he should turn those over to the City Man- ager for the Council has no authority over the Police Chief and if they talk to him they are in violation; Mr. Molieri is concerned about retaliations by the Manager; the Council is the Manager's boss and they should watch what he is doing because Mr. Molieri does not have faith in what the Manager is doing; there are rumors going around that say his brother should ask for a transfer and other rumors; why doesn't the Council change the rules where they govern the Police Chief, because the City Manager is not doing it; he suggested having the EEOC come forward and investigate, why do you need a lawsuit, because his brother did not want to pursue it; why did only his brother have to go out on administrative leave when other officers didn't; why not hire one person to deal with all of the things outside of the agency, because it is too closed and is not AGENDA ACTION TAKEN ORAL COMMUNICATIONS 9/11/96 Page 6 ORAL COMMUNICATIONS unbiased; liberty for all is not something that has taken place in the Department; how many more people are going to be victimized for the police have to watch their own backs; Mayor Drago asked if bringing in the EEOC was an option; City Attor- ney Mattas stated the Molieri action was terminated with the EEOC, so nothing would be served for the Council hired an extensive investigation on the allegations and found them to be not founded; due to that he has advised the Council not to discuss this because of the significant lawsuit; he refuted the allegation that there had been a cover up. Ms. Alice Partanen, Pescadero, introduced herself as a candidate for the Harbor District and felt this City was important to that District due to their owning the Marina; etc. Mr. Leonard T. Hogmartin, 343 Serra Dr., ex- pressed his concerns on the Airport Noise Insulation Project and the property at 208 Verano: when the first engineers came out he elected the option of a fan light in the front door and was told no problem; in the back of the house is a family room with an 8' wide by 6' high window; they proposed changing the 12 individual panels with thicker glass and glaz- ing them in; he asked for a quote on the window, a foot shorter because that window is only about 6 inches from the floor; he would be responsible for raising the window sill while his brother-in-law, with a contractor's license, would do the work; so they would drop the window, get it ready and he would slap the window in; they didn't think they could do that, but he finally got it in the plans for them to give him a quote to put the fan light in, $400 for a small light and another $250 for the molding which he rejected as too high; he was told by the City representative that he should have been told up-front that he had to open the wall up so they could verify that the header above the window was adequate; and he heard if he takes the window out it may not qualify for replacement - with which he disagreed; $1,750 was quoted for the window and then they talked about the configuration, then decid- ed to go with a 4' window which would not change the price; he told the City representative that it looked like he was trying to discourage him from taking any options and he said that is right, that is what we would like to do; so, between the contrac- AGENDA ACTION TAKEN f)RAL COMMUNICATIONS 9/11/96 Page 7 ORAL COMMUNICATIONS tor and the City representative they are certainly doing that - discouraging all the options, but the homeowners are not getting what they want even if they are willing to pay a fair price; he believes the City needs some controls on the window contractor for it seems they are trying to make all their money from their low bid on the extra options. Mayor Drago asked the City Manager to check on that for they should deal with the options. If the contractors are trying to make up something with the options to pay for that, and then get back to the gentleman. Ms. Angelita Madriz, 817 Baden Ave., stated Offi- cer Molieri is the best cop in the So. City police station because if it wasn't for him she would not have her life back together for he helped her a lot. Ms. Carolyn Madriz, 817 Baden Ave., stated she knows nothing about the past allegations on Officer Molieri, she met him May of this year after her child was a victim of a violent crime, but he was the only Officer that cared enough to see them through. They have their lives back since her acquaintance with him and him going and finding them the legal help with therapy and things. She stated a lot of officers in the S.S.F.P.D. gave them harassment just because they associated with him for they needed help finding the therapist in the victim centers and stuff like that and she thinks it is wrong that her child has to get hassled by the S.S.F. Police Officers, as well as when they see her on the street and on her way to school. Mayor Drago stated there are cards and forms she can fill out. Ms. Caroline Madriz replied yes, and when you ask for them they make it clear, in a way that is threat- ening, and tell you you can fill out a complaint against the officer, but how you can be prosecuted for doing it and other things. You get threatened by other officers when you go in there for information on how to make a complaint against an officer. Mayor Drago instructed the City Manager to follow up on this too, so that the forms can be sent to the people and he should do whatever it takes for that to be accomplished. He suggested having the forms in AGENDA AC!IQN TAKEN ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR Motion to approve Minutes of the Special Meeting of 8/14/96 and Regular Meeting of 8/14/96. 2. Motion to confirm expense claims of 9/11/96. ~'-t9/~ o Resolution authorizing a budget amendment for Hick- ey and El Camino Real Landscape Project. A RESOLUTION APPROVING BUDGET AMENDMENT NO. 97-1 TO THE 1996-1997 CAP- ITAL IMPROVEMENT BUDGET TRANSFERRING $20,000 FROM THE GENERAL FUND UNDESIGNATED RESERVE BALANCE RELAT- ING TO THE CAPITAL IMPROVEMENT PRO- GRAM FOR LANDSCAPE IMPROVEMENTS AT HICKEY BOULEVARD AND EL CAMINO REAL Resolution to award construction contract to Chiang C.M. Construction, Inc. in the amount of $486,400 for seismic strengthening, award the book moving contract to NOR-CAL Moving Services in an amount not to exceed $15,697.50 and award a change order to Degenkolb Engineers in an amount not to exceed $24,170. A RESOLUTION AUTHORIZING AWARD OF CONTRACTS FOR THE SEISMIC UPGRADE OF THE GRAND AVENUE LIBRARY Resolution rescinding Resolution No. 41-96 related to the Exclusive Negotiating Rights Agreement with Bay West Cove, L.L.P. .~"~ ~":/ A RESOLUTION RESCINDING THE EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT WITH BAY WEST COVE, L.L.P. Resolution augmenting the Operating Budget for the Library Department in the amount of $1,125 to sup- 9/11/96 Page 8 ORAL COMMUNICATIONS the City Manager's Office, for he felt that people should feel free to make complaints against a depart- ment. COMMUNITY FORUM No one chose to speak. CONSENT CALENDAR Approved. Approved in the amount of $4,298,136.31. RESOLUTION NO. 130-96 Removed from the Consent Calendar for discussion by Councilman Yee. RESOLUTION NO. 131-96 AGENDA ACTION TAKEN CONSENT CALENDAR Resolution - Continued. port the Summer Reading Program for Children. A RESOLUTION APPROVING BUDGET AMENDMENT NO. 97-1 TO THE 1996-1997 LI- BRARY OPERATING BUDGET TO SUPPORT THE SUMMER READING PROGRAM FOR CHIL- DREN 7. Resolution augmenting the Operating Budget for the City Attorney's Office. ,b'-/Z o A RESOLUTION APPROVING BUDGET AMENDMENT NO. 97-2 TO THE 1996-1997 OP- ERATING BUDGET 8. Resolution approving promissory note between the City and the owners of the Grand Hotel/Affordable Housing Project related to a loan of $400,000 from Federal HOME Investment Partnership Funds for rehabilitation of the single room occupancy hotel, commercial establishment, and 8 unit apartment build- ing located at 731-739 Airport Boulevard. A RESOLUTION APPROVING AN OWNER PAR- TICIPATION AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE GRAND HOTEL FOR A HOME INVESTMENT PARTNER- SHIP LOAN Resolution authorizing grant agreements for the Downtown Commercial Rehabilitation Program with CDBG funds for the Bocci Building, 305 Grand Ave- nue and a new restaurant at 713 Linden Avenue. A RESOLUTION APPROVING BUDGET PRO- POSALS FOR THE BOCCI BUILDING AT 305 GRAND AVENUE AND SOUTH CITY BREWHOUSE AT 713 LINDEN AVENUE AND AUTHORIZING EXECUTION OF GRANT AGREEMENTS 10. Resolution amending the list of designated positions for the City's Conflict of Interest Code. ,5-3 ~' A RESOLUTION AMENDING THE LIST OF DES- IGNATED POSITIONS FOR THE CITY OF SOUTH SAN FRANCISCO'S CONFLICT OF IN- CONSENT CALENDAR RESOLUTION NO. 132-96 RESOLUTION NO. 133-96 RESOLUTION NO. 134-96 RESOLUTION NO. 135-96 Councilman Penna abstained. RESOLUTION NO. 136-96 9/11/96 Page 9 AGENDA A~TION TAKEN CONSENT CALENDAR O. Resolution - Continued. TEREST CODE 11. Resolution appropriating $15,000 from the Confer- ence Center Undesignated Fund balance to the Con- ference Center Operations Expenditure Budget to fund appraiser's fees related to the potential purchase of the property located at 255 So. Airport Blvd. in South San Francisco. A RESOLUTION APPROVING A BUDGET AP- PROPRIATION OF $15,000 FROM THE CONFER- ENCE CENTER UNDESIGNATED FUND BAL- ANCE TO THE FISCAL YEAR 1996-1997 OPERA- TIONS BUDGET TO FUND APPRAISER FEES RELATED TO THE POTENTIAL PURCHASE OF THE PROPERTY LOCATED AT 255 SOUTH AIR- PORT BOULEVARD 12. Informational report on bids for the Corporation Yard. ~0~0 Resolution to award construction contract to Chiang C.M. Construction, Inc. in the amount of $486,400 for seismic strengthening, award the book moving contract to NOR-CAL Moving Services in an amount not to exceed $15,697.50 and award a change order to Degenkolb Engineers in an amount not to exceed $24,170. ,.5"~ ~ A RESOLUTION AUTHORIZING AWARD OF CONTRACTS FOR THE SEISMIC UPGRADE OF THE GRAND AVENUE LIBRARY Resolution appropriating $15,000 from the Confer- ence Center Undesignated Fund balance to the Con- ference Center Operations Expenditure Budget to fund CONSENT CALENDAR Removed from the Consent Calendar for discussion by Councilman Penna. Accepted. M/S Fernekes/Mullin - To approve the Consent Calendar with the exception of Items No. 4 and 11. Carried by unanimous voice vote with the exception of Councilman Penna abstaining on the vote for Item No. 9. Councilman Yee stated there is not a project for City Hall, so why is it shown on page 2 when this is the library project. Director of Public Works Gibbs stated he included the two in the RFPs to get a better price, however, they can back out of the City Hall one. He thought the jobs would run concurrently and the City Hall job is $14,000.00. M/S Yee/Fernekes - To adopt the Resolution with the revised amount of inspection services. RESOLUTION NO. 138-96 Carried by unanimous voice vote. Mayor Drago stated Councilman Penna had concerns over the first $8,000 appraisal where the City Attor- ney felt that was a low appraisal, did not feel corn- 9/11/96 Page 10 AGENDA ACTION TAKEN ,.~ Resolution - Continu~. appraiser's fees related to the potential purchase of the property located at 255 So. Airport Blvd. in South San Francisco. ,5'~ ~ A RESOLUTION APPROVING A BUDGET AP PROPRIATION OF $15,000 FROM THE CONFER- ENCE CENTER UNDESIGNATED FUND BAL- ANCE TO THE FISCAL YEAR 1996-1997 OPERA- TIONS BUDGET TO FUND APPRAISER FEES RELATED TO THE POTENTIAL PURCHASE OF THE PROPERTY LOCATED AT 255 SOUTH AIR- PORT BOULEVARD ITEMS FROM COUNCIL 21. San Mateo County Convention & Visitors Bureau Support the Bureau funding commitment. .~'3~ fortable if there was a court situation and the City Manager did a second appraisal which was much higher. Councilman Penna suggested working out a policy where someone makes an appraisal and then negotiates for purchase of the property. He suggest- ed that Councilman Penna work out a procedure for appraisal and purchase of property whether it is through eminent domain or whatever. Councilman Yee stated there are two issues here and Councilman Penna working with staff has nothing to do with this. Councilman Penna stated, when Council authorized the first appraisal it was for value and he thought staff would then go in and negotiate which did not occur, so now there has been another appraisal costing $15,000 and we must work out a procedure. He feels the Council should pay the bill, but there is a miscue here, Council has to get into the root of this which is the negotiations. Mayor Drago stated there is a flaw in the process. M/S Yee/Penna - To adopt the Resolution. RESOLUTION NO. 137-96 Carried by unanimous voice vote. ITEMS FROM COUNCIL Mr. Mark Champdelaine, San Mateo County Con- vention & Visitors Bureau, spoke in favor of Coun- cil support: economic impacts do not respect geo- graphic boundaries, so a visitor can spend money in 6 cities through the Bureau's efforts and it expands the tax base; all hotels in Millbrae, Burlingame and S.S.F. benefit from conventions in the County; TOT to this City from efforts of the Bureau; etc. Mr. Ken DeHaine, Villa Hotel, related the City will see more TOT as more hotels are built and Mr. Reiser, a Developer, is present and looking for a hotel site. Discussion followed: there are not fair and equita- ble contributions for our City is paying more than its share; Millbrae is not paying its fair share; it is difficult to measure TOT for a City; this is the only City with a conference center; Bureau's October 9/11/96 Page 11 AGENDA ACTION TAKEN ITEMS FROM COUNCIL .1. San Mateo County Convention & Visitors Bureau - Continued. PUBLIC HEARINGS 13. Public Hearing - Consideration of amending the land use traffic generation of the Oyster Point Overcrossing Formula; Conduct Public Hearing; adopt resolution. ,5-//~ A RESOLUTION ADDING ADDITIONAL LAND USES FOR THE OYSTER POINT GRADE SEPA- RATION CONTRIBUTION FORMULA ITEMS FROM COUNCIL advertising says 10,000 hotel bookings were made in the County, yet only 555 were booked in S.S.F. hotels, so how do we get a better booking rate to pay these fees to the Bureau; Burlingame pays the most fees; maybe a portion of the Bureau's fees should be redirected to the S.S.F. Conference Cen- ter; shouldn't the rate of return be comparable to our contribution; there is a parody on return of investment and the Bureau gives leads, but it is up to the hotels who need a marketing study done and more efforts to convert the leads; this City does get 50% of the leads, but when this is discussed with the hotels they say they can't handle more than 300 people, so Councilman Penna is told these are not good leads; there could be a duplication of market- ing for our Conference Center is attracting people who will live here while they are doing their busi- ness; this City has to depend on the competitiveness of the hotels; over 50% of the cities are not paying their share and Mayor Drago wants to know what can be done about it; etc. Mr. John Reiser, Developer, stated his firm is ac- tively promoting two hotels in S.S.F. and the Bu- reau has been very helpful in their statistics. Mayor Drago stated this City has location, location and location, so does Mr. Reiser want to locate here because of the Bureau or because he wants to build here. Councilman Mullin questioned why the Conference Center cannot compete for all conventions in San Mateo County. PUBLIC HEARINGS Mayor Drago opened the Public Hearing. City Manager Wilson stated these amendments are recommended for the sake of clarity, staff wants to fine tune the definitions and request a continuance of the item. M/S Mullin/Fernekes - To continue the item for two weeks. Carried by unanimous voice vote. 9/11/96 Page 12 AGENDA ACTION TAKEN RECESS: :ECALL TO ORDER: PUBLIC HEARINGS 14. Public Hearing - Consideration of amendments to the Terrabay Specific Plan and Development Agreement; conduct Public Hearing; adopt resolution; Motion to ..... /~, waive reading and introduce an ordinance..5'0 ~5~ t ~n--n~ A RESOLUTION ADOPTING AMENDMENTS TO THE TERRABAY SPECIFIC PLAN AN ORDINANCE APPROVING AN AMEND- MENT TO THE DEVELOPMENT AGREEMENT BETWEEN SUNCHASE G.A. CALIFORNIA, INC. (AS SUCCESSOR TO W.W. DEAN AND ASSOCI- ATES) AND THE CITY OF SOUTH SAN FRAN- CISCO RELATED TO ISSUANCE OF BUILDING PERMITS AND THE RECREATION AND CHILDCARE FACILITIES Mayor Drago called a recess at 10:03 p.m. Mayor Drago recalled the meeting to order at 10:15 p.m., all Council was present. PUBLIC HEARINGS Director of Economic & Community Development Van Duyn stated Sunchase requests amendments to the Terrabay Specific Plan and Development Agree- ment relating to the design and costs of the Hillside Recreation Center, the provision of child care ser- vices for residents of Terrabay project and the tim- ing of issuance of building permits. He stated the recreation building is to be built to include an in-door swimming pool and outdoor facilities are expected to include a basketball court, children's playground apparatus, tennis courts, barbecue and lawn game areas and parking for 61 vehicles. He proceeded to give further background information: the City reevaluated the specific need of having an indoor swimming pool and determined that a gym- nasium would better serve the needs of the com- munity, pursuant to the Council meeting of 2/14/96; this requires amendments to the Specific Plan and Development Agreement; the revised Plan indicates a gymnasium in the recreation center; the revised agreement would allow the issuance of the 81st building permit when the developer enters into a design and build contract with appropriate security and only after the recreation center has begun; the Council changing the pool to an in-door gym after the Recreation Commission held public meet- ings and made recommendations; the Development Agreement requires that before the 81st building permit is issued, construction has begun on the tot park and childcare center; staff recognized problems with the site location of the childeare facility and would prefer to accept an in-lieu fee and have the flexibility of using the funds for child care and/or library facilities; this would put townhouses on the child care site; the revised Agreement would allow the issuance of the 81st building permit when the developer places $700,000 into an escrow account; the money would not be released until certain ac- tions are performed by the City; the Planning Com- mission held a public hearing on the proposed amendments on 9/5/96 and two City residents spoke against the proposed amendments who felt the original provisions for the pool and childcare facility should stay in force; the Commission was 9/11/96 Page 13 ~ENDA ACTION TAKEN PUBLIC HEARINGS 4. Public Hearing - Continued. 9/11/96 Page 14 PUBLIC HEARINGS not in possession of the earlier meetings and Park & Recreation survey on the pool or gymnasium; the Commission was informed that the proposed child care site was not ideally located or designed from a land planning perspective; the Commission was not convinced that the exchange of the indoor pool for a gymnasium and the acceptance of in-lieu fee instead of actual construction of a child care center would better serve the needs of the community and felt staff failed to provide adequate justification and background information supporting the recommend- ed amendments; the motion to recommend approval of the proposed amendments failed on a 2 to 4 vote of the Commission with one Commissioner absent; he apologized that none of his staff were aware of the need for the additional material for the Com- missioners; the developer anticipates getting the 200th permit before February of next year. Discussion followed: the developer would be re- sponsible for the actual construction of the recre- ation facility; the 200th building permit is part of Phase I; Councilman Yee noted the developer does not have to complete the recreation facility in Phase I; Councilman Mullin felt that the Commission not being given sufficient information on this subject was an aberration that led to their 2 to 4 vote; May- or Drago received a telephone call from the Chairperson who explained the majority asked her to call him and tell him that it was the lack of information in the staff report that led to their vote and were not aware of the specifics of the childcare center; and rather than hear from every- one that night, voted against it; Councilman Yee stated he read the Planning Commission minutes and was very concerned with the process; he stated the Commission has a job to do and they have to have a set of facts and he feels uncomfortable to overrule them so, if the Council makes a decision it does not seem right; he feels the Council should wait for another meeting so the Commission can receive the requested information; Mayor Drago asked if Sunchase had time restraints; staff was not aware of any, however, the public hearings would have to be readvertised and noticed, of which there were over 600 noticed for Terrabay, conduct a hear- ing, render an opinion and get it back to the Council in a month to six weeks; whatever action the Coun- cil takes tonight would not be overruling the Corn- A~ENDA ACTION TAKEN PUBLIC HEARINGS 4. Public Hearing - Continued. 9/11/96 Page 15 PUBLIC HEARINGS mission because they are an advisory body to the Council and cannot make decisions; Councilman Yee stated he supported this project from the begin- ning through many obstacles and if the Council follows this process that ignores the majority of the Planning Commission - he will not support a vote; he feels all bodies should have adequate information to make a determination; Vice Mayor Fernekes stated most times when the Council doesn't have enough information it delays the vote, so it would probably be more advisable to delay it to the next meeting to obtain the information but he would hate to hold back this project for he had received the information as a Councilman and felt comfortable in going forward with what is best for the City; the Director of Economic & Community Development Van Duyn was under the impression that the gym vs. a pool was so well advertised with five public hearing meetings that he did not see the same impor- tance and apologized to the Commission because his staff was not here during that time to know about the Director of Parks, Recreation & Community Services; the Planning Commission could have continued their meeting to obtain the missing infor- mation; etc. Ms. Jan Pont, 111 Belmont Ave., asked the Council to follow the wishes of the people in 1982. At that time Mr. Dean was the Developer and asked if he could develop on San Bruno Mountain and made lots of promises. He came with ideas for a recre- ation center, fire station, childcare center and school yard, some of those they have received. Now they are confronted again in regards to the recreation center, they were supposed to have a swimming pool and now a gym because Park & Recreation is mak- ing the decision. Originally the people voted for the swimming pool - why not take it to the voters and let them decide. In regards to the childcare center and in-lieu money she feels we need it and she does not feel it is fair for the people on Terrabay only to have a place, for it should be open to the general public to use the childcare center. She stated back in February the survey was taken for the recreation center and many people did not receive it, and she wants to see something go back to the general public to vote on it. She has other questions in regard to the project, but right now she sees they are moving a lot of earth from AGENDA ACTION TAKEN PUBLIC HEARINGS 4. Public Hearing - Cominued. 9/11/96 Page 16 PUBLIC HEARINGS Phase I to II and she understands they have permits to move this to Phase II and she thinks they are jumping the gun and are doing it without public hearings. She stated there is a lot of dust from the moving and maybe they should use more water trucks to keep down the dust. She asked if it was possible for all of this to be back to the voters in- stead of just making harsh decisions. Mayor Drago stated anything is possible. Council will listen to the public comments and a lot of these questions will be answered. Some of the things need correcting based on his own knowledge, one important one is that the developer did not approach the City to change it and did not approach the City for in-lieu money - the City approached the devel- oper. The developer wanted to go with the pool and a private childcare center. He wanted to make this clear because he was part of the negotiations for the in-lieu fees for the childcare center. If he gives up the childcare center, he will ask later for six more townhouses. He stated his concern is that the City would not have a childcare center, only the Terrabay residents would have the center and the Council felt there was a greater need for a childcare center for the whole City. Mr. Dan Shattuc, Sunnyvale, CA, stated he felt it should go back to the voters, felt the Council had the cart before the horse, for he had not seen an approved EIR on the Terrabay Project. He asked for it and was informed that the traffic study has to be done. He related: background information on the EIR and Supplemental EIR and stated it was not certified; this should not occur until the City has a certified EIR; the City gave the developer a ten year window; Councilman Yee stated let's go through the process, let's get all the facts out on the hearing; in 1982 and 1984 this Council chamber was packed with people, so where are the people tonight, maybe they do not care; this is a matter of musical chairs on do you want a gymnasium or a swimming pool; the City only has one swimming pool and another would be beneficial for there are many gyms in the schools and the churches; this is a piece of property that is going to be given back to the devel- oper for a greater density of six units; he feels AGENDA ACTION TAKEN PUBLIC HEARINGS 4. Public Hearing - Continued. 9/11/96 Page 17 PUBLIC HEARINGS the City should do its homework and find out what the property is worth rather than just accept the $700,000; he feels a childcare center is appropriate and should be open to the public; this is a landmark decision, if you give the developer the right to con- struct then he has the right to take up to ten years or build two hundred units; does the City have the EIR. Director of Economic & Community Development Van Duyn stated the EIR before Council for con- sideration for action to be taken tonight was certified in 1982 and this is an addendum and the staff has evaluated the changes for the switch in the recre- ation center and the in-lieu fees which do not affect the EIR. He stated the traffic section has been recirculated and will be recertified. He stated there is one other issue he wanted to clarify with regards to the addition of the six units, the Specific Plan Amendment indicates it is up to eight units of the density designation for the density is set in that Plan. It is a matter of allowing the additional town houses to be added. The issue is a gym vs. a pool and child care center vs. in-lieu fees. Mrs. Sandra Firpo, 809 Hemlock Ave., stated the Planning Commission Chairwoman was clear that it was to be privately run, but open to the public and they did have to act because they knew it was com- ing up to the Council. She stated when Terrabay was discussed it was a very thought out plan and contained the best interest of the City as a whole and for the growing neighborhood with a fire station, recreation center and a childcare center which are all key elements. She stated in this day and age a childcare center is a necessity not a luxury. She could not guaranty the calibre of a private childcare center and she felt the Council would be doing a wonderful service to the community to eliminate the in-lieu fees and make it a public childcare cen- ter. By building the extra town houses you will be adding more people, but taking away from the fami- lies. She feels that a primary childcare facility for the Terrabay is indispensable and substituting a gym for a pool, well she feels a pool serves a greater demographics and a wider variety of people. She continued: anyone who says the pool is not being used, has not tried to enroll their child in a AGENDA ACTION TAKEN PUBLIC HEARINGS 4. Public Hearing - Continued. (Cassette No. 2) 9/11/96 Page 18 PUBLIC HEARINGS swimming program. She feels that dedicated City employees would take it upon themselves to place health and safety uppermost in a childcare center. Mr. Dennis Breen, Sunchase Developer, stated they had brought the Specific Plan and Development Agreement for the City to make their changes for the childcare facility did not have sufficient parking even though it was put in the plan in 1982. He stated most of the residents wanted a gymnasium and a delay in the process would be critical to the Project, Centex is about ready to pull the 80 permits and a delay means they lose the subcontractors and the contracts they have signed. He spoke at length of the economic impacts from a delay, but they have reached a good solution to this with the staff and he urged the Council to go forward. Another point is that they don't need an EIR to build out, for that was approved in 1982; etc. Mayor Drago closed the Public Hearing. Discussion followed: there are permits pulled for grading and they are watering sufficiently to control the dust for the contractor is being reminded to water; the monies saved from a gym vs. a pool will be funneled to the Orange Avenue Pool; no, any monies will go into the general pool of monies, but not into the Orange Pool; there was a brief outline of before and after school recreation programs; could the money be made available to the School District's childcare facilities; Mayor Drago does not have a problem with the gymnasium and he would vote for the pool, but the people spoke and he would probably vote for the childcare center to stay and the gym; Councilman Mullin stated there is the potential for a much larger facility for 135 students that is tentatively being considered at the Spruce site and is very close to the Terrabay site; this is a non-man- dated program operated by the School District since 1946 and will be moving from the Avalon site and part of the in-lieu fees could potentially be used to upgrade that facility; he favors the gymnasium; Councilman Yee stated he indicated that if the Council is not going to wait and go through the process, then he will vote no; Councilman Penna stated he favors both the in-lieu fees for the childcare center and the gym; Vice Mayor Fernekes concurred with the in-lieu fees and changing the PUBLIC HEARINGS 4. Public Hearing - Continued. ADMINISTRATIVE BUSINESS -5. Resolution transferring funds from Oyster Point Fund and amending the Capital Improvement Program for Oyster Point Hook Ramp/Flyover. ,5-//~ A RESOLUTION TRANSFERRING FUNDS FROM OYSTER POINT FUND AND AMENDING THE CAPITAL IMPROVEMENT PROGRAM (CIP NO. CAPITAL IMPROVEMENT PROGRAM (CIP NO. 97-2) FOR OYSTER POINT HOOK RAMP/FLYOVER PUBLIC HEARINGS pool to a gym; Mayor Drago stated he did not agree. M/S Mullin/Penna - To adopt the Resolution. RESOLUTION NO. 139-96 Carried by majority voice vote, Councilman Yee and Mayor Drago voted no. M/S Penna/Fernekes - To waive reading of the ordinance. Carried by unanimous voice vote. M/S Penna/Fernekes - To introduce the ordinance. Carried by majority roll call vote, Councilman Yee and Mayor Drago voted no. ADMINISTRATIVE BUSINESS Director of Public Works Gibbs related: wants to study putting the flyover hook ramps further away from the shell mounds; staff wants to look at the historic effect, call the Subcommittee together and see if it is justified and the flyover needs to get done to start construction. Discussion followed: Councilman Penna feels the morning traffic is intense without looking at Terrabay; he feels the hook ramps should be moved further away; the City should work with Brisbane; the flyover should go first; Director of Public Works Gibbs stated the alignment that was approved by Caltrans and everyone knew about the indian burial grounds; Councilman Penna concerned that it is a 5,000 year old historic site of shell mounts and is a historic human site for 3,000 years ago the oysters left the bay and 2,000 years ago they came back; Councilman Yee felt the $51,000 should be spent first to see if it is feasible for this is just a budget transfer; etc. M/S Yee/Fernekes - To adopt the Resolution. RESOLUTION NO. 140-96 Carried by unanimous voice vote. 9/11/96 Page 19 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS Motion to authorize the City Attorney to add the City of South San Francisco to the amicus brief being prepared on behalf of the County of San Mateo in support of the Environmental Impact Report prepared for the BART Extension. ~2.'7 z- 17. Motion to authorize the City Attorney to add the City of South San Francisco to the amicus brief being prepared on behalf of the County of Butte in an ac- tion related to whether California Proposition 62 should be applied retroactively based on Guardino vs. County of Santa Clara. ~"272~ 18. Resolution authorizing a sewer connection agreement with Mr. Gabe Gonzalez at 254 Country Club Drive, recordation and Motion to request LAFCO approval for extra territorial sanitary sewer service. A RESOLUTION AUTHORIZING EXECUTION AND RECORDATION OF A PERMIT FOR A SANITARY SEWER CONNECTION AT A SIN- GLE-FAMILY HOME LOCATED AT 254 COUN- TRY CLUB DRIVE ADMINISTRATIVE BUSINESS City Attorney Mattas gave a brief staff report and stated this would be at no cost to the City. M/S Yee/Fernekes - To authorize the City Attorney to add the City of South San Francisco to the amicus brief being prepared on behalf of the County of San Mateo in support of the Environmental Impact Re- port prepared for the BART Extension. Carried by unanimous voice vote. City Attorney Mattas related: this was put on the ballot and approved; the argument is whether it should be applied retroactively based on the Guardino suit; 172 cities have joined the suit be- cause of adopting of utility tax. M/S Penna/Fernekes - To add the City of South San Francisco to the amicus brief being prepared on behalf of the County of Butte in an action related to whether California Proposition 62 should be applied retroactively based on Guardino vs. County of Santa Clara. Carried by unanimous voice vote. City Engineer Wong stated, based on Council direc- tion at the last meeting, this agreement was drafted for action. Councilman Yee stated there are two lots in this corner, one belonging to Mr. Gonzalez and the other one to Mr. Poletti, but the $800.00 application fee for LAFCO is for one or two lots. City Engineering Wong stated it could be for one or two lots, however, the sewer extension would have to be applied for separately. City Manager Wilson stated it would have to have Mr. Poletti's agreement. Councilman Yee suggested that Mr. Gonzalez work with Mr. Poletti before applying to LAFCO. M/S Mullin/Fernekes - To adopt the Resolution. RESOLUTION NO. 141-96 9/11/96 Page 20 ~ENDA ~TION TAKEN ADMINISTRATIVE BUSINESS 8. Resolution - Continued. LEGISLATIVE BUSINESS 19. Motion to waive reading and introduce an ordinance on nusiance abatement and report on Willow ~6",,.~_~ Gardens. AN ORDINANCE ADDING CHAPTER 8.26 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO ABATEMENT OF NEIGH- BORHOOD NUISANCES ITEMS FROM COUNCIL 20. Appointment to the Library Board by the Mayor with the concurrence of Council. ~C> 2. ~ 21. San Mateo Convention & Visitors Bureau - Support the Bureau funding commitment. ITEMS FROM COUNCIL 22. Southern Pacific Railroad potential use of right-of- way. .5~Z~° GOOD AND WELFARE ADMINISTRATIVE BUSINESS Carried by unanimous voice vote. LEGISLATIVE BUSINESS City Clerk Battaya read the title of the ordinance in its entirety. City Manager Wilson stated this item will be con- tinued because of the late hour and there are three avenues to use to bring Willow Gardens into com- pliance which will be addressed at the next meeting. Councilman Yee agreed and stated the material was not delivered until Monday. ITEMS FROM COUNCIL Mayor Drago recommended that Eleanor Britt, a representative from Westborough, be appointed to the Library Board. Concurrence of Council - To appoint Eleanor Britt to the Library Board. Mayor Drago directed the City Clerk to write letters to the successful and unsuccessful applicants. Heard earlier on the Agenda. ITEMS FROM COUNCIL City Manager Wilson related: there are a number of right-of-ways east of 101 and this side of Airport; Assistant City Manager Moss has met with the Railroad people and will meet again next week; Councilman Penna has asked they be used in the transit mode; MITSMA has been developing walking and jogging recreation paths and this may be appro- priate for those in S.S.F. Mayor Drago stated a train had been named S.S.F. #519. GOOD AND WELFARE Councilman Mullin stated the Howard Gardner developing program on multiple intelligence is being used in the School District as a way to access and 9/11/96 Page 21 GOOD AND WELFARE CLOSED SESSION 23. Closed Session pursuant to GC 54956, conference with legal counsel on the use of United Anglers vs. City of S.S.F. 24. Motion to adjourn the meeting to Wednesday, 9/18/96, 7:00 p.m., City Council Conference Room, City Hall, 400 Grand Avenue for a study session on solid waste handling and preferred residency. ADJOURNMENT: GOOD AND WELFARE teach children. Councilman Yee asked for a report on the occupan- cy of the Conmur house in the last year. CLOSED SESSION City Manager Wilson stated a Closed Session was not necessary this evening under Agenda Review. City Manager Wilson stated, under Agenda Review, this action would not be taken this evening. M/S Mullin/Penna - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 11:53 p.m. RESPECTFULLY SUBMITTED, APPROVED. Barbara A. Battaya, City Clerk City of South San Francisco Jack Drago, 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. 9/11/96 Page 22 AGENDA ACTION TAKEN {~LOSED SESSION 3. Closed Session pursuant to GC 54956, conference with legal counsel on the use of United Anglers vs. City of S.S.F. 24. Motion to adjourn the meeting to Wednesday, 9/18/96, 7:00 p.m., City Council Conference Room, City Hall, 400 Grand Avenue for a study session on solid waste handling and preferred residency· ADJOURNMENT: CLOSED SESSION City Manager Wilson stated a Closed Session was not necessary this evening under Agenda Review. City Manager Wilson stated, under Agenda Review, this action would not be taken this evening. M/S Mullin/Penna - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 11:53 p.m. RESPECTFULLY SUBMITTED, oarbara A. Battaya, City Clerk City of South San Francisco APPROVED. · y 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. 9/11/96 Page 22