HomeMy WebLinkAboutMinutes 1996-11-13 Mayor Jack Drago
Council:
Joseph A. Fernekes
Eugene R. Mullin
"'-John R. Penna
Robert Yee
Vd'/.., .oc''/
MINUTES
City Council
Municipal Services Building
Community Room
November 13, 1996
SPECIAL MEETING
CITY COUNCIL
OF THE
CITY OF SOUTH SAN FRANCISCO
NOVEMBER 13, 1996
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 13th day of
November 1996, at 7:05 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San
Francisco, California.
Dated:
Purpose of the meeting:
1. Closed Session, pursuant to GC 54957.6, to meet on labor negotiations with and for the City Manager.
City Clerk
City of South San Francisco
November 7, 1996
CALL TO ORDER:
ROLL CALL:
AGENDA
(Cassette No. 1)
1. Closed Session, pursuant to GC 54957.6, to meet on
labor negotiations with and for the City Manager..ff/5~,
-'-ECALL TO ORDER:
ACTION TAKEN
7:10 p.m. Mayor Drago presiding.
Council Present:
Council Absent:
Fernekes, Mullin, Yee and
Drago.
Penna.
City Clerk Battaya stated Councilman Penna was on
vacation and unable to attend tonight's meeting.
Council entered a Closed Session at 7:11 p.m. to
discuss the item noticed.
Mayor Drago recalled the meeting to order at 7:40
p.m., no action was taken and direction was given
to the City Attorney.
11/13/96
Page 1
AGENDA ACTION TAKEN ~_~
ADJOURNMENT:
M/S Fernekes/Yee - To adjourn the meeting.
Carried by unanimous voice vote.
Time of adjournment was 7:41 p.m.
RESPECTFULLY SUBMITTED,
Barbara A. Battaya, City Clerk ~,/
City of South San Francisco
APPROVED.
~'[~fack M~~~
/'""~ ago, ayor /j
/~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.
11/13/96
Page 2
Mayor Jack Drago
Council:
Joseph A. Fernekes
Eugene R. Mullin
--lohn R. Penna
Robert Yee
M!NU_!ES
City Council
Municipal Services Building
Community Room
November 13, 1996
CALL TO ORDER:
ROLL CALL:
AGENDA
(Cassette No. 1)
PLEDGE OF ALLEGIANCE:
INVOCATION:
RESENTATIONS
Resolution Commending Eloise Kee
? 7
Proclamation - American Education Week
Certificate of Recognition for City Service to Lorenzo
Bernardini 3'0
High Speed Rail Transit by Mr. Richard Silver
AGENDA REVIEW
ACTION TAKEN
7:41 p.m. Mayor Jack Drago presiding.
Council Present:
Council Absent:
Fernekes, Mullin, Yee and
Drago.
Penna.
City Clerk Battaya stated Councilman Penna was on
vacation and unable to attend tonight's meeting.
The Pledge was recited.
Layman John Cantley, Grace Covenant Church,
gave the invocation.
PRESENTATIONS
Mayor Drago read parts of the Resolution and pre-
sented it to Ms. Kee for her tenure on the Library
Board.
Ms. Kee thanked the Council for this recognition
and proceeded to chronicle her working achieve-
ments.
Councilman Mullin read the Proclamation aloud and
commended Dr. Yvonne Johnson and Jan Smith of
the S.S.F.U.S.D.
Vice Mayor Fernekes read the Proclamation aloud,
stated he went to Mr. Bernardini's retirement din-
ner, commended him for eighteen and one half years
of service to this City and presented the Certificate.
Mr. Silver did not come to the meeting.
AGENDA REVIEW
City Manager Wilson stated there were no changes
to the Agenda.
11/13/96
Page 1
A~ENDA A~!~N TAKEN
ORAL COMMUNICATIONS
COMMUNITY FORUM
RECESS:
RECALL TO ORDER:
,..ONSENT CALENDAR
Motion to approve Minutes of the Adjourned Regular
Meeting of 10/22/96, Regular Meeting of 10/23/96
and Adjourned Regular Meeting of 10/30/96.
2. Motion to confirm expense claims of 11/13/96.
Resolution of award of contract for design services
for Americans with Disabilities Act Play A'rea reno-
vations.
A RESOLUTION APPROVING A CONTRACT
SERVICES AGREEMENT TO DEVELOP DESIGN
PLANS FOR ADA PLAY AREA RENOVATIONS
AT SELLICK, BRENTWOOD, ORANGE,
GARDINER AND PARADISE VALLEY PARKS
4. Motion to cancel the regular meetings of 11/27/96,
12/11/96 and 12/25/96 and schedule a Special Meet-
__ lng for 12/2/96 (City Council reorganization) and a
Special Meeting for 12/18/96.
Resolution increasing the 1995-1997 Capital Im-
provement Program for the San Mateo and Shaw
ORAL COMMUNICATIONS
No one chose to speak.
COMMUNITY FORUM
Mayor Drago announced: he has decided that to-
night is his last night on the City Council; he is
retiring as of 12/1/96 due to a health problem,
cancer; he feels he needs more time for himself and
his family since his term as Mayor is almost over
and, it is not a hardship; he has enjoyed serving this
community and his achievements will speak for
themselves; he has worked with dedicated Depart-
ment Heads and employees; and he would like to
continue the meeting without comments.
Councilman Yee stated he could not even talk after
what the Mayor related and asked for a five minute
recess.
Mayor Drago declared a recess at 8:05 p.m.
Mayor Drago recalled the meeting to order at 8:10
p.m. and all Council was present.
CONSENT CALENDAR
Approved.
Approved.
Removed from the Consent Calendar for discussion
by Councilman Mullin.
Approved.
Removed from the Consent Calendar for discussion
by Councilman Yee.
11/13/96
Page 2
CONSENT CALENDAR
Resolution - Continued.
Pump Station and replace bar screens by
$120,000.00.
A RESOLUTION AMENDING THE 1996-97 CAPI-
TAL IMPROVEMENT PROGRAM (CIP 97-6) BY
ADDING $120,000 FOR THE SAN MATEO AND
SHAW PUMP STATION REPLACE BAR
SCREENS
Resolution authorizing grant agreement for the Com-
mercial Rehabilitation Program for the relocation of
Sitike to a new site on El Camino Real.
A RESOLUTION APPROVING A BUDGET PRO-
POSAL FOR THE REQUIRED RELOCATION OF
SITIKE, INC. TO 306 SPRUCE AVENUE, AND
AUTHORIZING THE CITY MANAGER TO EXE-
CUTE A GRANT AGREEMENT WITH SITIKE,
INC.
Motion to set an evidentiary hearing for 12/18/96 for
revocation of UP-93-939/Mod 1 (allowing for opera-
tion of a restaurant during the hours between mid-
night and 6:00 a.m.) at 2211 Gellert Blvd. known as
Ling Nam Noodle House.
o
Resolution approving application for grant funds for
the Environmental Enhancement and Mitigation Pro-
gram under Section 164.56 of the Streets and High-
ways Code for the Airport Blvd. Land-
scape/Streetscape Project.
A RESOLUTION APPROVING THE APPLICA-
TION FOR $350,000 IN GRANT FUNDS FOR THE
ENVIRONMENTAL ENHANCEMENT AND MIT-
IGATION PROJECT UNDER SECTION 164.56 OF
THE STREETS AND HIGHWAYS CODE FOR
THE AIRPORT BOULEVARD LAND-
SCAPE/STREETSCAPE PROJECT
Resolution authorizing an amendment to the Police
Department budget to include $132,438.20 from the
State. aS- /
A RESOLUTION APPROVING BUDGET
AMENDMENT NO. 97-4 TO THE 1996-1997 OP-
ERATING BUDGET
CONSENT CALENDAR
RESOLUTION NO. 159-96
Evidentiary hearing set for 12/18/96.
Removed from the Consent Calendar for discussion
by Councilman Mullin.
RESOLUTION NO. 160-96
11/13/96
Page 3
AGENDA ACTION TAKEN
CONSENT CALENDAR
Resolution authorizing an agreement between the
City/County Assoc. of Governments (C/CAG) to
contract directly with the Multi-City TSM Agency
(MTSMA) to implement AB434 Transportation Funds
for Clean Air Project.
A RESOLUTION APPROVING AN AGREEMENT
AUTHORIZING THE CITY/COUNTY ASSOCIA-
TION OF GOVERNMENTS TO CONTRACT DI-
RECTLY WITH THE MULTI-CITY TSM AGENCY
TO IMPLEMENT AB434 TRANSPORTATION
FUND FOR CLEAN AIR PROJECT AND AU-
THORIZING THE CITY MANAGER TO EXE-
CUTE THE SAME
11.
Resolution authorizing a supplemental budget
expenditure of $8,100.00 from the Equipment Re-
placement Fund for the replacement of three personal
computers. ~l Z
A RESOLUTION APPROVING BUDGET
AMENDMENT NO. 97-5 TO THE 1996-1997 OP-
ERATING BUDGET TO ADD $8,100 FOR THE
REPLACEMENT OF THREE PERSONAL COM-
PUTERS
12.
Resolution authorizing a budget amendment to the
Operating Budget for design services related to
BART-SFO Extension Project with the funds to be
reimbursed by BART per agreement in the amount of
$57,000.00. .50 g ~'
A RESOLUTION AUTHORIZING A BUDGET
AMENDMENT NO. 97-6 IN THE AMOUNT OF
$57,000 FOR DESIGN SERVICES RELATED TO
THE BART-SFO EXTENSION PROJECT, WITH
THE FUNDS TO BE REIMBURSED BY BART
13.
Resolution to pay the Federal Government earned
arbitrage on the 1991 WQCP Bond Issue of .aS'/20
$11,200,000.
A RESOLUTION APPROVING BUDGET
AMENDMENT NO. 97-7 TO THE 1996-1997 OP-
ERATING BUDGET TO ADD $120,000 FOR THE
PAYMENT EXCESS INTEREST RELATED TO
1991 WATER QUALITY CONTROL PLANT
BOND ISSUE
CONSENT CALENDAR
RESOLUTION NO. 161-96
RESOLUTION NO. 162-96
RESOLUTION NO. 163-96
RESOLUTION NO. 164-96
11/13/96
Page 4
AGENDA A~I!ON TAKEN
CONSENT CALENDAR
Resolution of award of contract for design services
for Americans with Disabilities Act Play Area reno-
vations.
A RESOLUTION APPROVING A CONTRACT
SERVICES AGREEMENT TO DEVELOP DESIGN
PLANS FOR ADA PLAY AREA RENOVATIONS
AT SELLICK, BRENTWOOD, ORANGE,
GARDINER AND PARADISE VALLEY PARKS
5. Resolution increasing the 1995-1997 Capital Im-
provement Program for the San Mateo and Shaw
Pump Station and replace bar screens by .5- ! 2t9
--$120,000.00.
A RESOLUTION AMENDING THE 1996-97 CAPI-
TAL IMPROVEMENT PROGRAM (CIP 9%6) BY
ADDING $120,000 FOR THE SAN MATEO AND
SHAW PUMP STATION REPLACE BAR
SCREENS
Resolution approving application for grant funds for
the Environmental Enhancement and Mitigation Pro-
gram under Section 164.56 of the Streets and High-
ways Code for the Airport Blvd. Landscape/ ._ff~ ~
Streetscape Project.
A RESOLUTION APPROVING THE APPLICA-
TION FOR $350,000 IN GRANT FUNDS FOR THE
ENVIRONMENTAL ENHANCEMENT AND MIT-
IGATION PROJECT UNDER SECTION 164.56 OF
THE STREETS AND HIGHWAYS CODE FOR
THE AIRPORT BOULEVARD LAND-
SCAPE/STREETSCAPE PROJECT
CONSENT CALENDAR
M/S Mullin/Yee - To approve the Consent Calendar
with the exception of Items 3, 5 and 8.
Carried by unanimous voice vote.
Councilman Mullin questioned why the staff report
did not show other bids on the RFP and why is
there no consistency.
City Manager Wilson stated five firms responded to
the RFP and they utilized people in P&R to make
the recommendation to the Council.
M/S Mullin/Fernekes - To adopt the Resolution.
RESOLUTION NO. 165-96
Carried by unanimous voice vote.
Councilman Yee stated the City spent $23,000 and
this report says $120,000 is now needed.
Director of Public Works Gibbs stated there was
a flexible cuplink and various fixes after that. He
stated they put in a new support away from the
pump station and he feels the soils investigation is a
must and money well spent.
M/S Yee/Fernekes - To adopt the Resolution.
RESOLUTION NO. 166-96
Carried by unanimous voice vote.
Councilman Mullin stated the application had to be
approved yesterday and questioned if we applied on
time and what happens if Council refuses this.
Director of Economic & Community Development
Van Duyn stated the resolution follows the appli-
cation, but if the Council disagrees, the application
can be withdrawn.
M/S Mullin/Yee - To adopt the Resolution.
RESOLUTION NO. 167-96
Carried by unanimous voice vote.
11/13/96
Page 5
AGENDA ACTION TAKEN
PUBLIC HEARINGS
4. Public Hearing - Consideration of request from
SunChase G.A. California 1, Inc. Applicant, for a ten
year extension of the Terrabay Specific Plan and
Development Agreement approvals, which are due to
expire on 2/14/97, Final Supplemental EIR, final
action to be considered at the continued Public Hear-
ing on 12/18/96; Conduct Public Hearing; Motion to
continue the Public Hearing to the Special Meeting of
12/18/96. ~5'~O ~
PUBLIC HEARINGS
Mayor Drago opened the Public Hearing.
Director of Economic & Community Development
Van Duyn stated tonight was a Public Hearing to
hear questions on the SEIR and the extension of the
Specific Plan and Development Agreement and there
will be a presentation on the significant findings.
He stated action will be taken at the continued Pub-
lic Hearing on 12/18/96 and tonight was to knock
out questions and consultants are available.
He proceeded to give background information:
12/2/92 the City and the Board of Supervisors of
San Mateo County adopted the Terrabay Specific
Plan following certification done on the Project;
in 1988 the City and the Developer entered into
an agreement which was extended to 2/14/96 for the
first phase and that has not been completed; the
applicant has requested an extension of the Develop-
ment Agreement for the next ten years; slides were
projected with the entire site and additional phases
of the residential neighborhoods along the Bayshore
and the residential phase on Hillside and Sister City
Boulevard; Council approved the construction and
the DCC&Rs for the Developer to proceed with the
development; the fire station and Sister City
Blvd. have been constructed in the first phase; addi-
tional hook ramps must be constructed for the Spe-
cific Plan; mandates of the Specific Plan; plans for
phase 2 and 3 for hotel and retail use; in September
Council approved the applicant's DCC&Rs, the
recreation and childcare facility plans to replace an
in-door swimming pool with a gym and in-lieu fees
for the childcare center; request from the applicant
for a ten year extension of the Terrabay Specific
Plan and Development Agreement; the SEIR was
distributed on the 5th of January for public review
and comment; the draft transportation section was
distributed for additional comments on the 30th of
August; public comments during Planning Commis-
sion public hearings on the needs for the shell
mounds previously identified in the phase 3 portion
of the Project will come forward for environmental
review; the EIR document has been completed and
includes all comments; he asked the Council to hold
off any questions until the EIR process; etc.
Mr. John Wagstaff, Consultant, related: his firm's
background of 16 years of doing EIRs which in-
11/13/96
Page 6
~ENDA ACTIQN TAKEN ]~
PUBLIC HEARINGS
*. Public Hearing - Continued.
PUBLIC HEARINGS
cludes doing EIRs for three years for this City; his
firm prepared the draft SEIR. under the direction of
the staff and City Attorney; he spoke of the new
impacts that have occurred since 1982 and the
mitigations; responded to 40 letters on the draft
SEIR.; his firm did a reanalysis of the traffic as-
pects; Planning Commission had public hearings on
10/29/96 and 11/7/96 and recommended the Council
accept it; Council should review the errata yellow
section for it is the latest summary of impacts and
mitigations; two of the three shell mounds are within
phase 3 and the shell mounds are 200-300' in diame-
ter and 5 or 6' deep; mitigation is a one foot cap-
ping in the original EIR, now they determined it
needs a bigger cap and called for a greater miti-
gation plan; extensive landslide repair program
should be increased to address on-going cleaning for
the cut and fill with vegetation and wild life to
comply with the Plan; there are problems with the
restoration that have been addressed and traffic is
the fourth concern; they are addressing land use
compatibility, etc.
Ms. Jan Smith, S.S.F.U.S.D., related that the
School District's staff is committed to working with
the Developer to provide a good living environment
and produced a letter for the record dated 11/13/96
with responses to comments received on the Draft
Supplemental Environmental Impact Report.
Ms. Jan Pont, 111 Belmont Ave., asked if the new
green area on the map had been presented to the
public.
City Manager Wilson stated that has always been
part of the Plan.
Mayor Drago asked if that portion was in Brisbane.
City Manager Wilson stated Brisbane was involved
and has control of the right-of-way.
Ms. Pont stated she did not understand how the
Council could say yes or no, when this is a ten year
program and next year is the deadline. She wants to
take each phase as the Council goes along, and next
year there will be a new Council and she wants new
blood to be given to the community, because some-
times we have made mistakes. She wants to put
11/13/96
Page 7
AGENDA _AC_TIQN TAKEN I~ I
PUBLIC HEARINGS
¢. Public Hearing - Continued.
11/13/96
Page 8
PUBLIC HEARINGS
things on hold and take each phase, one at a time.
Mr. Matt Bergren, 2440 16th St.,//180, San Fran-
cisco, related: he was born in the bay area in 1935,
in Berkeley and lived around the bay area, and now
in San Francisco; they have been trying to do every-
thing to try and maintain some kind of open space,
but everything is paved over; he does not want more
Taco Bells and hotels rather than saving the Moun-
tain; everyone should stop and consider why they
live here in the bay area, it is because it is so beauti-
ful and most of that beauty is because of natural re-
sources; if those resources are destroyed people will
not come here, for people want a mountain to look
at and walk on; etc.
Mr. Kurt Poeuleman, 816 Maddux Dr., Daly City,
stated he feels there are too many shopping centers
and freeways and are taking more habitat away from
wild life, especially the migratory birds who help to
control the insect population which has destroyed
thousands of trees and has increased 60% in num-
bers. He hoped they could stop the total destruction
of wildlife through the loss of habitat.
Mr. David Schooley, P. O. Box AO, Brisbane, San
Bruno Mountain Watch, stated at the first Planning
Commission meeting there was a question at the end
about our protest about what the Habitat Conserva-
tion Plan has done so far on San Bruno Mountain.
He stated he would give the City information on this
and from their point of view and studies the HCP
has been a disaster. He wanted the Council to look
at their point of view, at the critical part, because
this habitat plan was the first and is being looked at
countrywide.
He stated he attended a meeting in Sacramento with
Fish & Wildlife, people from Washington, D.C., the
State of California and environmental groups consid-
ering what is going to happen with the habitat. He
gave information on what has happened on San
Bruno Mountain with the habitat plan with error
after error and there was silence in the meeting and
one of the workers that is doing rework for the Fish
& Wildlife Services said that San Bruno Mountain is
not a model any more, for once it was an HCP mod-
el for the world and it is not now. The ques-
tions that come up are critical, because what hap-
AGENDA ACTION TAKEN
PUBLIC HEARINGS
PUBLIC HEARINGS
pens now to the year 2000 is so important, and he
hoped everyone reconsiders the care of the wildlife
and rare and endangered species in the area. What
does that mean to us through time, that we should
build our awareness of this planet and keep it in
spite of money and power.
He noted the tunnel measure in Pacifica was won by
the people and it was critical. The bay area is a
place of growth and power, but what happens in the
year 2050 when our children's children have no
mountain to climb and no habitat to learn about,
plus the native heritage and what that will do to us
throughout time.
He was greatly concerned about the endangered
species and the re-creation of the habitat, for it was
not working. The Mountain Watch people are
watching this because it is critical, as well as the
prehistoric center which is going to be cemented
over and then a hotel built. His hope is that the
area becomes a part of the park for the site is 5000
years old, is next to the bay and there is nothing else
left. He stated in the last 40 years it was set up by
law that you can cement the mounds and you can
cover it over, they call it protecting the mounds, but
obviously it undoes itself. He wants to take a look
at why that legal effort happened and how it can be
changed. This is one of the last shell mound villag-
es, there is nothing else left outside of S.S.F. as a
learning place for our children. He wants to stay in
contact, knows there are ten years and they are
doing archeological research.
Mayor Drago invited discussion from the Council.
Discussion followed: will all the consultants be in
attendance on the 18th; staff had not planned for
that; how Harland Tate came into the picture; Coun-
cilman Yee questioned page 2 of the Specific Plan
on whether the City is committed to these units,
because there is no plan and what latitude does the
City have in future; Phase I is committed and there
is a threshold of 428 in subsequent phases; the
number can be reduced in the EIR process and the
Council has discretionary power; on page 5 in the
second bullet on the architectural site, Councilman
Yee wants the language broadened and does not
want future Councils locked in on covering and
11/13/96
Page 9
AGENDA ACTION TAKEN
PUBLIC HEARINGS
4. Public Hearings
..ECESS:
RECALL TO ORDER:
15. Public Hearing - Consideration of appeal of the Plan-
ning Commission's decision on Airport Plaza Inn,
721 Airport Blvd., PUD 96-058 and Negative Decla-
ration No. 96-058; Conduct Public Hearing and
Motion to deny the appeal and uphold the decision of
the Planning Commission. .5'0_,~'~
PUBLIC HEARINGS
cementing the shell mounds; there will be additional
mitigation, but staff can write better language; that
bullet is not satisfactory to Councilman Yee; the
hotel will cover the mounds when that phase comes
forward; the Council has discretion when the phase
comes forward and they may also be able to modify
the size of the hotel; concern by Councilman Mullin
on Mr. Schooly's comments on the litany of errors
in the HCP and should that be factored into the
SEIR; staff talked to Agencies who are satisfied that
the HCP is working, but they can provide Council
with an update; Councilman Mullin wanted informa-
tion on any Fish & Wildlife concerns on the HCP;
can Thomas Reed attend the 12/18 meeting; City
Manager will ask him at the next Trustee Board
meeting, however, the middens are not part of the
HCP; Councilman Yee also wants Mr. Reed to
respond; all work has been done on potential slides.
M/S Yee/Fernekes - To continue the Public Hearing
to 12/18/96.
Carried by unanimous voice vote.
Mayor Drago declared a recess at 9:30 p.m.
Mayor Drago recalled the meeting to order at 9:42
p.m.
Mayor Drago opened the Public Hearing.
Director of Economic & Community Development
Van Duyn gave the staff report on the appeal of the
Planning Commission decision and recommended
the Council uphold the Planning Commission ap-
proval of Planned Unit Development PUD-96-058
based on the findings in the staff report. He related:
it is the opinion of the Commission that the Project
creates a positive image for the future; the Oldtown
Homeowners Assoc. spoke in favor of the Project at
the Planning Commission meetings and felt it was an
improvement to the neighborhood; the building
would be 46' high and the height limit is 50'; the
landscaping requirement is 10% and a 6' wide land-
scaped strip on the south side of the lot was made
part of the conditions of approval to be met before a
building permit can be issued; parking requirements,
are being met at least by Code; staff and the
Commission feel they acted within their authority
11/13/96
Page 10
AGENDA ACTION TAKEN
PUBLIC HEARINGS
5. Public Hearing - Continued.
11/13/96
Page 11
PUBLIC HEARINGS
and consistent with the General Plan.
John Markley, Esq., 626 Greystone Terrace, stated
he represents the owner of 701 Airport Blvd. who
opposes the Project for the following reasons: not
because it is competitive, for there is a hotel at the
end of the street he did not oppose; the Commission
approved a development that was not applied for;
the applicant expressly deleted the manager apart-
ment, so they could meet the parking, yet the staff
approved it with a manager's apartment and he feels
it should go back to the Commission for clarifica-
tion; what has been proposed.
Director of Economic & Community Development
Van Duyn stated, in the interests of clarity, the staff
report that he sent to the Council is in error and the
ground floor manager's unit does not exist and is
now a large lobby for the manager's apartment was
withdrawn. However, the staff used a disk that had
not been updated for the staff report, but that should
not affect the Council's deliberations for it meets the
parking requirements.
John Markley, Esq., questioned if they now com-
plied with the landscaping for that information was
not in the file Friday, and he wanted to make sure
the landscaping and parking are complied with be-
fore permits are issued.
Director of Economic & Community Development
Van Duyn stated the applicant is required to submit
the landscaping plan prior to the time the building
permit is issued. In response to the Mayor's ques-
tion, he stated that the Planning Commission was
aware of points made by Atty. Markley.
Discussion followed: the applicant either has 10%
or not and if not, it comes to the Council; the Di-
rector does not feel there are any loose ends;
Mayor Drago stated the staff report says the Project
allows two spaces on Chestnut Avenue - Chestnut is
two miles away; the Director meant Cypress Ave-
nue; Councilman Yee stated he thought this was a
good project and does not want to vote on this to-
night, because he does not like the process;
Markley, Atty. stated the Project was too massive
and does not comply with the General Plan and
Policy 44; etc.
AGENDA ACTION TAKEN
PUBLIC HEARINGS
5. Public Hearings
11/13/96
Page 12
PUBLIC HEARINGS
Mr. George Bugnatto, Oldtown Homeowners
Assoc., spoke in favor of the denial of the appeal.
He first thanked Mayor Drago for his many years in
S.S.F. and said he also made the same decision in
the past.
He found this appeal to be that of nitpicking, for the
only allegation is two parking spaces in the rear
setback, this is not an exception to the Code and the
Project did meet the General Plan.
A gentleman stated he was the architect for the
Project and reiterated that the parking and landscap-
ing would easily be met, they mitigated 6' in back
with off-site landscaping, it was compatible to the
neighborhood and will be a good asset to the City.
Mayor Drago closed the Public Hearing.
Discussion followed: Councilman Mullin felt there
was adequate land, parking, landscaping and this
will enhance the long term planning for Airport
Blvd. and he was prepared to reject the appeal; Vice
Mayor Fernekes agreed; Councilman Yee asked if it
was in Council's discretion to approve the manager's
unit tonight; City Attorney stated it requires addi-
tional parking; Director of Economic & Community
Development Van Duyn stated the Manager would
not stay there, but could use a unit; Councilman Yee
asked if the Council can add a manager's unit and
waive the parking space; City Attorney Mattas
stated this is an appeal, and if the Council was going
to do that there needs to be another Public Hearing;
if landscaping was installed on the street it poses a
problem in maintenance and the 6' split faced con-
crete wall was recommended by the Oldtown Home-
owners Assn.; Councilman Yee stated the Council
has plans to landscape Airport Blvd. and felt this
landscaping should fit in with the trees the City is
going to plant; staff feels it will.
M/S Mullin/Fernekes - To deny the appeal and
uphold the decision of the Planning Commission.
Amended Motion/Second - To include the City's
tree planting.
The Architect stated the applicant can agree to that.
AGENDA ACTION TAKEN
PUBLIC HEARINGS
5. Public Hearings - Continued.
16.
Public Hearing - Consideration of first readings and
introduction of ordinances on the 1994 Edition of the
Uniform Code for the Abatement of Dangerous Build-
ings, 1994 Edition of the Uniform Administrative
Code, 1994 Edition of the Uniform Building Code,
Volumes 1, 2 and 3, 1993 Edition of the National
Electrical Code, 1994 Edition of the Uniform Fire
Code, Volumes 1 and 2, 1994 Edition of the Uniform
Housing Code, 1994 Edition of the Uniform Mechan-
ical Code, 1994 Edition of the Uniform Plumbing
Code - Continued from the 10/23/96 meeting. 521 ~'
AN ORDINANCE ADDING CHAPTER 15.18 TO
THE SOUTH SAN FRANCISCO MUNICIPAL
CODE AND ADOPTING THE UNIFORM CODE
FOR THE ABATEMENT OF DANGEROUS
BUILDINGS, 1994 EDITION
AN ORDINANCE AMENDING CHAPTER 15.06
OF THE SOUTH SAN FRANCISCO MUNICIPAL
CODE TO ADOPT THE UNIFORM ADMINIS-
TRATIVE CODE, 1994 EDITION AND TO RE-
PEAL THE UNIFORM ADMINISTRATIVE CODE,
1991 EDITION
AN ORDINANCE AMENDING CHAPTER 15.08
OF THE SOUTH SAN FRANCISCO MUNICIPAL
CODE, TO ADOPT THE UNIFORM BUILDING
CODE AND UNIFORM BUILDING CODE STAN-
DARDS, 1994 EDITION, AND TO REPEAL THE
UNIFORM BUILDING CODE AND UNIFORM
BUILDING CODE STANDARDS, 1991 EDITION
AN ORDINANCE AMENDING CHAPTER 15.20
OF THE SOUTH SAN FRANCISCO MUNICIPAL
CODE TO ADOPT THE NATIONAL ELECTRI-
CAL CODE, 1993 EDITION AND TO REPEAL
THE NATIONAL ELECTRICAL CODE, 1990
EDITION
AN ORDINANCE AMENDING CHAPTER 15.24
OF THE SOUTH SAN FRANCISCO MUNICIPAL
CODE TO ADOPT THE UNIFORM FIRE CODE,
1994 EDITION AND TO REPEAL THE UNIFORM
FIRE CODE, 1991 EDITION
PUBLIC HEARINGS
City Attorney asked that the Council delete the
reference to a manager's unit.
City Attorney stated the City Clerk did not have to
again read the titles of the ordinances because it was
a continued Public Hearing.
Mayor Drago reopened the Public Hearing.
Assistant Building Official Kirkman stated because
of the passage of Proposition 218 there is a cloud
over adopting any new fees, so the City will retain
the 1991 fees and they will not adopt the grey water.
City Manager Wilson stated the resolutions will be
adopted at the next meeting and the findings will be
revised according to Council direction.
Councilman Mullin stated, from what he has read,
Proposition 218 is moot and workshops are sched-
uled.
City Attorney Mattas stated he will advise the Coun-
cil, for his firm was reviewing the City fees after
passage of the measure, but believes the limitation
does not repeal the sewage and garbage fees. His
firm is talking to the Jarvis people because the mea-
sure is broadly worded.
Mayor Drago closed the Public Hearing.
M/S Yee/Fernekes - To waive reading and introduce
the ordinance amending Section 15.18 of the Munic-
ipal Code.
Carried by unanimous voice vote.
M/S Yee/Fernekes - To waive reading and intro-
duce the ordinance amending Section 15.06 of the
Municipal Code.
Carried by unanimous voice vote.
M/S Yee/Fernekes - To waive reading and intro-
duce the ordinance amending Section 15.08 of the
Municipal Code.
Carried by unanimous voice vote.
11/13/96
Page 13
AGENDA A C__T I Q N TAKEN
/O7
PUBLIC HEARINGS
5. Public Hearing - Continued.
AN ORDINANCE AMENDING CHAPTER 15.10
OF THE SOUTH SAN FRANCISCO MUNICIPAL
CODE TO ADOPT THE UNIFORM HOUSING
CODE, 1994 EDITION, TO REPEAL THE UNI-
FORM HOUSING CODE, 1991 EDITION
AN ORDINANCE AMENDING CHAPTER 15.16
OF THE SOUTH SAN FRANCISCO MUNICIPAL
CODE TO ADOPT THE UNIFORM MECHANI-
CAL CODE, 1994 EDITION AND TO REPEAL
THE UNIFORM MECHANICAL CODE, 1991
AN ORDINANCE AMENDING CHAPTER 15.12
OF THE SOUTH SAN FRANCISCO MUNICIPAL
CODE TO ADOPT THE UNIFORM PLUMBING
CODE, 1994 EDITION, LAND TO REPEAL THE
UNIFORM PLUMBING CODE, 1991 EDITION
ADMINISTRATIVE BUSINESS
17. Request for Council approval of the work program
and Motion to authorize staff to proceed with a con-
sultant for the General Plan. .b-t9 g ~
PUBLIC HEARINGS
M/S Yee/Fernekes - To waive reading and intro-
duce the ordinance amending Section 15.20 of the
Municipal Code.
Carried by unanimous voice vote.
M/S Yee/Fernekes - To waive reading and intro-
duce the ordinance amending Section 15.24 of the
Municipal Code.
Carried by unanimous voice vote.
M/S Yee/Fernekes - To waive reading and intro-
duce the ordinance amending Section 15.10 of the
Municipal Code.
Carried by unanimous voice vote.
M/S Yee/Fernekes - To waive reading and intro-
duce the ordinance amending Section 15.16 of the
Municipal Code.
Carried by unanimous voice vote.
M/S Yee/Fernekes - To waive reading and intro-
duce the ordinance amending Section 15.12 of the
Municipal Code.
Carried by unanimous voice vote.
ADMINISTRATIVE BUSINESS
Director of Economic & Community Development
Van Duyn related: the current General Plan was
adopted in 1986 and needs to be drawn into confor-
mity for a sound basis for major land use and de-
velopment decisions; the revised General Plan will
enable the Council to consider goals, opportunities
and constraints for future growth and development;
the project will be carried out in two basic parts -
background and base data collection which will be
completed by June 1997, the second part will consist
of preparation, public review and adoption of the
revised general plan policy document and EIR and
will be completed by June 1998; and explained
the detail involved.
Discussion followed: is there an overlay document
11/13/96
Page 14
AGENDA ACTION TAKEN
PUBLIC HEARINGS
5. Public Hearing - Continued.
18.
Resolution authorizing a contract with Eric Mohr for
a feasibility study and to examine the feasibility of
establishing an effective transportation system in the
area East of 101. ,.5'O~ c~
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO PREPARE AND EXECUTE A
CONTRACT FOR A FEASIBILITY STUDY BY
ERIC MOHR, TRANSPORTATION CONSUL-
TANT, TO EXAMINE THE FEASIBILITY OF
ESTABLISHING AN EFFECTIVE TRANSPOR-
TATION SYSTEM IN THE AREA EAST OF 101
(Cassette No. 2)
ITEMS FROM COUNCIL
Consideration and direction on the report on salary
and benefit evaluations of the City Clerk with com-
parable cities by Consultant Obenhuber - requested by
Councilman Yee and a request by the City Clerk for
11/13/96
Page 15
PUBLIC HEARINGS
or will it be created by scratch; the East of 101 Plan
is current enough, but it will be reexamined; the
Director is coordinating a digitized map for the first
step; Councilman Yee asked if a member of the
Planning Commission be a part of the committee;
yes, and a member of Council; staff will send out
RFQ letters and will then create a panel with a
member of Council and the Commission; Council-
man Yee agreed to be a member of the panel; the
Director introduced Jim Harness who will assist staff
in preparing the documents.
M/S Yee/Fernekes - To authorize staff to proceed
with a consultant for the General Plan.
Carried by unanimous voice vote.
Interim Assistant City Manager Moss stated East of
101 does not have the capability to provide adequate
service levels of public transportation and this pro-
posal will examine the opportunity and feasibility
to establish and provide an effective transportation
system by evaluating several options. These options
include: exploring ways of providing innovative
public transportation; obtaining public multi-agency
funding with private sector funding assistance; to
increase the ability of real estate owners to attract
future tenants; to improve the employment climate
and recruiting opportunities; and to make work-trips
easier and more convenient for employee riders. He
explained the two phases of the proposal; etc.
Discussion followed: who will Mr. Mohr report to
and who will make the decision to proceed; he will
report to the City Manager, information will go to
Council and they will decide to go to Phase II; etc.
M/S Mullin/Fernekes - To adopt the Resolution.
RESOLUTION NO. 168-96
Carried by unanimous voice vote.
ITEMS FROM COUNCIL
City Manager Wilson stated he had not had an op-
portunity to review the commissioned survey from
Mr. Obenhuber or see if it was comparable on total
compensation for the City Clerk vs. other cities; and
AGENDA ACTION TAKEN
ITEMS FROM COUNCIL
9. Consideration and direction - Continued.
the Council, by Motion, to adopt a resolution by title
only to increase the City Clerk's salary and benefits
as decided by the City Council.
ITEMS FROM COUNCIL
he did not have information on the number of indi-
viduals supervised. He stated Mr. Obenhuber's
schedule did not allow him to attend tonight's meet-
ing and one of the directives was to seek him to be
here to answer any questions.
Mr. Obenhuber did indicate to the Personnel Officer
he will be available for the next meeting in Decem-
ber, so the City Manager recommended that the
Council continue the item.
Mayor Drago asked why it took so long to come up
with the numbers.
City Manager Wilson stated they went to Mr.
Obenhuber and he related his timeframe would be
six to eight weeks to come up with the numbers,
because he had other assignments, so he was not
sure Mr. Obenhuber was tardy or extremely late in
production.
Councilman Yee stated he wanted to look at both the
City Clerk and Mr. Obenhuber's information on the
18th and have it put into a single report.
City Manager Wilson stated he would have the
Clerk's cities incorporated into the report.
Councilman Yee stated he wanted to see bay area
cities, not those in southern California.
Mayor Drago asked that staff agendize for 12/18/96,
Council options on the property on Orange Avenue
that Kaiser owns in the event the zoning needs to be
changed. If the Kaiser property is zoned for light
industrial, maybe the Council would like to review
the options of residential development before the
property is put on the market.
Councilman Mullin stated he and the Vice Mayor
were the Subcommittee sitting in on firefighter
negotiations on 12/9/96 and 12/10/96 and wants a
Council meeting before the Mayor goes off Council,
so the Subcommittee can report progress in a Closed
Session on the firefighters negotiations to get Mayor
Drago's input.
He announced that today he was married 31 years to
his wife, congratulated her and thanked her for not
objecting to the time the Council has taken. He
11/13/96
Page 16
AGENDA A~TION TAKEN
ITEMS FROM COUNCIL
ADJOURNMENT:
ITEMS FROM COUNCIL
stated, at some point in the future, he wants to thank
Mayor Drago for the mentorship and guidance for
his first year on the Council. He shares the concern
on his leaving, but feels very confident from what
the Mayor has done for him and the Council.
Councilman Yee stated he echoes Councilman
Mullin's comments about Mayor Drago and would
like to adjourn this meeting in the Mayor's honor.
M/S Yee/Fernekes - To adjourn the meeting.
Carried by unanimous voice vote.
Time of adjournment was 11:15 p.m.
RESPECTFULLY SUBMITTED,
APPROVED.
.arbara A. Battaya, City Clerk
'.ity 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.
11/13/96
Page 17