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HomeMy WebLinkAboutMinutes 1990-01-10Mayor Richard A. Haffey Counci 1: Jack Drag. Gus Nicolopulos John R. Penna Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room January 10, 1990 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 lOth day of January 1990, at 6:00 p.m., in the Municipal Services Building Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Interview of applicants for the Conference Center Board. Barbara A. Battaya, City C~/erk City of South San Francisco Dated: January 4, 1990 AGENDA ACTION TAKEN ~CALL TO ORDER: (Cassette No. 1) 6:06 p.m. Mayor Haffey presiding. ROLL CALL: Council present: Council absent: Drag., Nicolopulos, Penna, Teglia, and Halley. None. Interview of applicants for the Conference Center Board. s~oq Council interviewed the following appli- cants for the Conference Center Board: David Connor, John D. Mensik, Joseph F. Ercoli, Jim A. Raine, and Louis Dell'Angela. M/S Drago/Telgia - To adjourn the meeting. Carried by unanimous voice vote. ADJOURNMENT: Time of adjournment was 7:30 p.m. , APPROV . . ! / Barbara A. Battay RicHard A. ~affey, ~jj~,'~ ~City of South San Francisco City of South San F~[~]cisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communications, arguments, and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 1/10/90 Page I Mayor Richard A. Haffey Counci 1: Jack Dra§o Gus Nicolopulos John R. Penna Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room January 10, 1990 AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS i0 -000 ACTION TAKEN 7:37 p.m. Mayor Halley presiding. Council present: Council absent: Drago, Nicolopulos, Penna, Teglia, and Haffey. None. The pledge was recited. Reverend Robin Dummer, Grace Covenant Church, gave the invocation. PRESENTATION Mayor Halley welcomed Mr. Uriarte, and commented that Council would not respond to the presentation in that these matters were normally discussed in Closed Session, and direction given to staff on labor relations. Mr. Uriarte, AFSCME, spoke of the denial of the rights of some employees by the City. He proceeded to relate the following: 7/28/89, AFSCME Local i569 presented the City with a petition to represent part-time employees working less than 20 hours a week or hourly tem- porary employees; 10/11/89, the City responded to that petition and denied the rights of those employees to organize; 11/14/89, the Union responded to the City's response; 12/7/89, the Coordinator of Labor Relations responded, "It has been the City's position that temporary or hourly employees are not eligible for inclusion in AFSCME Unit A or in any other bargaining unit. That the City does not believe that it is required by employer/employee relations ordinance to grant recognition to temporary or hourly employees nor do we believe that such recognition is mandated under State Law or applicable court cases." 1/10/90 Page i AGENDA ACTION TAKEN .... PRESENTATIONS ~" AGENDA REVIEW ORAL COMMUNICATIONS (Cassette No. 2) COMMUNITY FORUM PRESENTATIONS He proceeded to cite the Government Code on public employees, "shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer/employee relations." He stated that the City's employer/employee rela- tions ordinance as referred to in Section 3.04 had a paragraph that somewhat dupli- cated Government Code. He also cited the Personnel Rules & Regulations definition of public employees, and felt they were covered under the Myers, Milias, Brown Act. He submitted, that the Council direct the Coordinator of Labor Relations of the City to process the petition and grant these employees the right to be repre- sented which they deserve and are entitled to. AGENDA REVIEW City Manager Armas stated that he had nothing to add or delete from the Agenda. Mayor Haffey stated that Item No. 11 would be heard after the Consent Calendar. ORAL COMMUNICATIONS Mr. Bob Reppeto, Commission on Aging, stated that the Commission was appointed by the San Mateo County Board of Supervisors, and provided services and programs to seniors. He proceeded to briefly describe the organization. COMMUNITY FORUM Councilman Penna stated that Orange Avenue Library would be celebrating National Book Week from 1/21/90 - 1/27/90, and on 1/25/90 there would be an evening with Charles Johnson, author and nominee for the PEN-Faulkner Award. 1/10/90 Page 2 A G E N D A A C T I 0 N T A K E N ,~_~ .~ COMMUNITY FORUM CONSENT CALENDAR Approval of the Minutes of the Special Meeting of 12/13/89 at 6:00 p.m., Special Meeting of 12/13/89 at 7:15 p.m., and the Regular Meeting of 12/13/89. 2. Approval of the Regular Bills of 1/10/90. ® Resolution to approve plans and specifications, authorize the work, and call bids for the Adult Day Care Center at Magnolia Center. RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR THE INTERIOR WORK, SECOND FLOOR OF MAGNOLIA CENTER ® Resolution approving plans and specifications, authorize the work, and call bids for the Aircraft Noise Insulation Project, Phase v(a). A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR AIRCRAFT NOISE INSULATION PROJECT, PHASE V(a) Be Resolution amending the list of designated positions subject to the City's Conflict of Interest Code. A RESOLUTION AMENDING THE LIST OF DESIGNATED POSITIONS FOR THE CITY OF SOUTH SAN FRANCISCO'S CONFLICT OF INTEREST CODE 6. Resolution adopting Budget Amendment No. 89-9 to appropriate COMMUNITY FORUM Councilmember Teglia requested a moment of silence in observation of the death of former Postmaster Virgil Ringue. CONSENT CALENDAR Removed from the Consent Calendar for discussion by Councilman Nicolopulos. Removed from the Consent Calendar for discussion by Vice Mayor Drago. RESOLUTION NO. 1-90 Removed from the Consent Calendar for discussion by Councilmember Penna. RESOLUTION NO. 2-90 Removed from the Consent Calendar for discussion by Councilmembers Teglia and Penna. 1/10/90 Page 3 AGENDA ACTION TAKEN CONSENT CALENDAR 6. Resolution - Continued. $13,500 for 1989-90 operating expenses for the Conference Center. A RESOLUTION APPROVING BUDGET AMENDMENT 89-9 TO THE 1989-1990 OPERATING BUDGET Approval of the Minutes of the Special Meeting of 12/13/89 at 6:00 p.m., Special Meeting of 12/13/89 at 7:15 p.m., and the Regular Meeting of 12/13/89. 2. Approval of the Regular Bills of 1/10/90. ~01~ CONSENT CALENDAR M/S Teglia/Nicolopulos - To approve the Consent Calendar with the exception of Items 1, 2, 4 and 6. Carried by unanimous voice vote. Councilman Nicolopulos requested that the Minutes of the regular meeting of 12/13/89 on page 23, second paragraph, be corrected to read corroborate rather than col 1 abo rate. M/S Nicolopulos/Drago - To approve the Minutes of the Special Meeting of 12/13/89, Special Meeting of 12/13/89, and the Regular Meeting of 12/13/89 with the reflected change. Carried by unanimous voice vote. Councilman Penna questioned which three homes Mr. Elmore referred to in the minu- tes. He also questioned page 22, second to last paragraph, wherein Councilman Nicolopulos referred to a relative being Councilman Penna's tenant - whose rela- tive. Councilman Nicolopulos stated that it was his relative, however, he had not made that clear. Vice Mayor Drago questioned a bill from David M. Griffin for $4,500, which appeared to have the same identification of a prior bill for SB90 claims. He stated that he thought the firm was allowed 10% of the recovery with a max- imum of $3,750, which had been the amount of the previous warrant. City Manager Armas explained the State 1/10/90 Page 4 A G E N D A A C T I O N T A K E N ,~.~ 2. Approval - Continued. ® Resolution approving plans and specifications, authorize the work, and call bids for the Aircraft Noise Insulat.ion Project, Phase V(a). A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE Law change on reimbursement, and its for- mula. He stated that the firm received reimbursement only if the funds were received from the State. He stated that he would prepare a report on what had been sent to the State, what had been reimbursed, and the amounts paid to the firm. Councilman Penna expressed concern over paying any of the warrants tonight, when after the last meeting he had met with staff and had made phone calls, and still there was not information before Council on how the City stands finan- cially. Councilman Nicolopulos stated that Councilmember Penna's comments were well taken, however, further information from staff could be handled at another time with further edification. M/S Nicolopulos/Teglia - To approve the Regular Bills of 1/10/90 with the excep- tion of the David M. Griffin warrant of $4,500. Carried by majority voice vote, Councilman Penna voted no. City Clerk Battaya requested a clarifica- tion: if voting on bills of the City was the same as passing a resolution that concerned money and required a 4/5 vote. City Attorney Armento stated that Council was not approving these bills by way of adoption of a resolution, it was approving warrants. She stated that what the City Clerk was referring to was dif- ferent kinds of resolutions requiring a 4/5 vote. Councilman Penna requested a staff report for public edification on which homes and neighborhoods would be in the program. City Engineer Wong stated that Phase V would insulate 100 homes in Brentwood, and that another ten homes in the Avalon area would be done from funds left over 1/10/90 Page 5 AGENDA ACTION TAKEN e 0 Resolution - Continued. WORK AND CALLING BIDS FOR AIRCRAFT NOISE INSULATION PROJECT, PHASE v(a) Resolution adopting Budget Amendment No. 89-9 to appropriate $13,500 for 1989-90 operating expenses for the Conference Center. A RESOLUTION APPROVING BUDGET AMENDMENT 89-9 TO THE 1989-1990 OPERATING BUDGET from Phase IV. Discussion followed: on how the 100 homes were selected; CNEL levels and noise footprints; homes were prioritized by noise levels; that the City had insu- lated over 200 homes; that the City was now competing for Federal monies with other cities; that there was no indica-- tion as to when Federal monies would be released to cities for the program. M/S Teglia/Nicolopulos - To adopt the Resolution. RESOLUTION NO. 3-90 Carried by unanimous voice vote. Councilmember Teglia stated that she wanted it understood that monies had to be advanced to keep the process going, but the funds were a loan and would be repaid to the City. City Manager Armas stated that the expen- ditures would be paid via the use of dollars arising from the approval of the ballot measure. Councilmember Penna stated that only one lease had been mentioned in the election campaign which did not have to paid for a year, yet there was mention of a PG&E sublease. City Manager Armas stated that the vacant land in front of the building was owned by PG&E, and the proposal included a sublease for parking purposes. He stated that the established lease has one year before payments are to be made to the landlord. M/S Teglia/Nicolopulos - To adopt the Resolution. RESOLUTION NO. 4-90 Carried by unanimous voice vote. 1/10/90 Page 6 AGENDA ACTION TAKEN ITEMS FROM COUNCIL 11. Council appointments to the Conference Center Board. ~HOq RECESS: RECALL TO ORDER: Mayor Haffey stated that Item No. 11 would be heard next. ITEMS FROM COUNCIL Vice Mayor Drago recommended that the Council only deal with selecting the two Councilmembers, the two representatives of hotels/motels, and the representative to the restaurant for the Conference Center Board. Mayor Haffey stated that he would make the Council appointments later this week. Council proceeded to mark their ballots, and the results were: 5 votes each for David Connor and Jim A. Raine as the representatives for hotels/motels, and 5 votes for Joseph F. Ercoli as the repre- sentative for restaurants. Mayor Halley stated that as soon as a quorum was selected, a meeting would be hel d. Discussion followed: whether to again advertise; set a time limit to allow people to solicit applications; to adver- tise for applications for the resident position with specified language staff is to develop; that the application cut-off would be 2/7/90, and appoint the remaining positions at the first meeting in February. M/S Nicolopulos/Teglia - To appoint David Connor and Jim A. Raine as represen- tatives for hotels/motels, and Joseph F. Ercoli as the representative for restaurants on the Conference Center Board. Carried by unanimous voice vote. The Council adjourned to a recess at 8:40 p.m. Mayor Haffey recalled the meeting to order at 8:54 p.m., all Council present. 1/10/90 Page 7 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 7. Resolution declaring the intention to issue bonds for the purpose of providing financing for certain public improvements involving the Shearwater Project. (Cassette No. 3) A RESOLUTION DECLARING INTENTION TO ISSUE BONDS.FOR THE PURPOSE OF PROVIDING FINANCING FOR CERTAIN PUBLIC FACILITIES FOR COMMUNITY FACILITIES DISTRICT NO. 1 (SHEARWATER) ADMINISTRATION BUSINESS City Manager Armas stated that the matter before the Council was simply to indicate that the Council may entertain the possi- bility of authorizing the issuance of such bonds. He stated that when the Council and the Agency previously acted on the Shearwater Project a number of years ago, it enumerated a number of public improvements that were required. He stated that under State Law there is available to various parties an oppor- tunity to finance those improvements over a period of time as opposed to paying for them in one lump sum - which was per- missive and not obligatory, etc. He explained in detail the State and Federal Laws under tax code regulations, and stipulations on items eligible to be financed in a tax exempt structure, and those that were not. He stated that because of its complexity, staff would also envision retaining the services of a financial adviser to eva- luate and assist the City in the bond issuance. He stated that the cost rests with the Developer, and would be reflected in the cost of the issuance of the bonds. Councilman Nicolopulos questioned who had initiated this recommendation of an eco- nomic optional proposal; why it was ini- tiated; who benefits - the City or the Developer; and what those benefits were. City Manager Armas stated that Council and the Agency, some six years ago, had included and approved a provision in the Owner Participation Agreement with the Developer that said at a future date the Council may entertain the issuance of bonds for the various improvements. He stated that the Project had been dormant and was now reactivated, and the Developer had approached the City about the possibility of undertaking some improvements. 1/10/90 Page 8 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 7. Resolution - Continued. ADMINISTRATION BUSINESS Councilman Nicolopulos stated that the City would be recruiting for a new Director of Finance in the near future, and questioned why that potential position couldn't have these qualifi- cations so the City would not have to hire an expert on this bond issuance and better utilize staff. City Manager Armas stated that he didn't think that City staff today or in the future would have the full level of either the knowledge or time to devote to an undertaking of this magnitude. Councilman Penna questioned why a $2,000,000 figure was in the resolution when the Council was only setting a mechanism in place. City Manager Armas stated that this was governed by both State regulations and the Federal Tax Code, and it was impor- tant to be able to identify at this stage some anticipated value for those bonds, which could change after a consultant analysis. Councilman Penna questioned if there was any requirement on the part of the City for potential bond purchases - that we try to protect our rating and see that there is a security on those bonds due to the fact that one involved party in the Project did go through a foreclosure. City Manager Armas stated that the land was under ownership by a separate and completely different company than the one Councilman Penna was speaking of, and that part of the task of the financial advisor was to examine the financial worth of whoever was involved, and the capability of the land involved. Discussion followed: resolution appears to be a bond issuance; that it only included a possibility of a bond issuan- ce; that the staff report and the resolu- 1/10/90 Page 9 AGENDA ACTION TAKEN ...... ADMINISTRATIVE BUSINESS 7. Resolution - Continued. 0 Report on traffic on 600 and 700 blocks of Spruce Avenue, and ~0~0 rescind closure of School Street. ADMINISTRATIVE BUSINESS tion appear to say different things; that if the City is not satisfied, there is no bond issuance; that all of the material will have to come back to the Council; that it was not tax increment monies; why there wasn't a financial advisor hired six years ago, etc. M/S Teglia/Penna - To adopt the Resolution. RESOLUTION NO. 5-90 Carried by unanimous voice vote. City Engineer Wong recited background information: resident concerns in 3/89 over accidents from speeding; staff investigated and identified problems from speeding and alignment of the street; staff used records from 1979 complaints; staff looked at closure of School St.; concerns of residents about diverting traffic to other streets; 9/21/88 meeting with 50 residents to discuss options - without a consensus being reached; 11/30/89 meeting staff offered an option to narrow Spruce by using planter boxes which the Spruce residents were not com- fortable with; staff found defects that needed improvement such as pavement markers down the center line, and rumble strips which were installed, and random police enforcement; and suggested installing planter boxes for $15,000.00. Mr. Ed Ray, 415 Beech Ave., saw no reason to spend $15,000 in planter boxes that would not improve the street or relieve the congestion. He stated that he did not believe that School St. should be closed, and felt that added police enforcement would help. Mr. John Prouty, 705 Hill, agreed with the recommendation to not close off School St., and felt the $15,000 would be better spent for improvements such as bumps. Councilmember Teglia stated that the 1/10/90 Page 10 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 8. Report - Continued. ADMINISTRATIVE BUSINESS Council in 1979 had tried to alleviate the situation, and had not found a solution. M/S Teglia/Nicolopulos - To rescind the closure of School Street. Councilman Penna suggested a concrete divider barrier being installed coming down the hill or putting in bumps. City Engineer Wong stated that the street was not wide, and if the street was split residents would have trouble getting into their driveways. He stated that the possibility with bumps was that a speeder would lose control of his car. Vice Mayor Drago suggested putting in more and higher reflector bumps on Spruce. He stated that no one had proven to him that bumps were bad, and he had not seen any court cases. City Engineer Wong stated that bumps were slick in the wet season, and a car could slide. Councilmember Teglia spoke of a recent incident with a fire truck and a dip, and the damage to private property, vehicles, homes, and retaining walls. City Clerk Battaya stated that in 1979 City Engineer Yee had put in the rumble strips which over the years had been allowed to wear down without repairs by the City. She stated that the conjecture of most of the Spruce residents at the meeting was that if the City was not going to install a stop sign mid-point, why not put the bumps in. She stated that there were residents in the audience that had not gotten up to speak because it was a foregone conclusion - again, nothing is going to be done. Carried by unanimous roll call vote. 1/10/90 Page 11 AGENDA ADMINISTRATIVE BUSINESS ® Resolution designating a reserve of $150,000 of park in-lieu fees toward a fundraising effort to construct a swimmin§ pool adjacent to Westborough Park Building. A RESOLUTION CONCERNING FUNDING FOR THE PROPOSED WESTBOROUGH SWIMMING POOL ACTION TAKEN ADMINISTRATIVE BUSINESS Director Of Parks, Recreation & Community Services Jewell stated that this item was a follow-up to the 12/13/89 Council meetin§ on the use of park in-lieu fees towards fundraisin§ efforts to construct a swimming pool adjacent to the Westborough Park Building. He stated that some other issues raised at the meeting, but not incorporated into the resolution were: 1) suggestion to look at a $1,000,000 per year show of progress and good faith effort to raise money by the Committee such that if that $1,000,000 per year is not raised, that the $150,000 reserve would revert back to the park in-lieu program; 2) whether the money raised by park in-lieu fees is available to only that subdivision or whether it could be attached to a program outside of a given zone. He reiterated from the prior meeting: that the City is divided into four zones, and the Westborough zone has some sub- divisions being built and anticipated having park in-lieu fees coming in during this next year which would equal the $150,000 being requested. He explained that State Law stated that the spirit of the park in-lieu program should be that people coming into that subdivision should benefit from facili- ties constructed by those in-lieu fees. He stated as an example, that if a small neighborhood park were to be developed, and at the other end of town a subdivi- sion was coming in, certainly that would not be an appropriate use of those funds. He stated that his understanding of the Law was that if you can establish a rela- tionship between a project outside that zone that would serve a community-wide benefit, including the residents of the new subdivision, then this would be a consideration for expenditure of funds. He stated that on 10/15/80 the Council 1/10/90 Page 12 AGENDA ACTION TAKEN --- ADMINISTRATIVE BUSINESS 9. Resolution - Continued. ADMINISTRATIVE BUSINESS approved the establishment of the referred to zones, and included in the staff report was a comment that if in time the Council wished to modify - it was a discretion that they had. He stated that the requested $150,000 would be predicated on the City actually receiving those fees. Mr. Peter Milo, Advisory Committee Member, spoke on behalf of the Committee efforts in fund raising for the pool which he felt would be of benefit to a majority of the population of the City, as well as be welcomed by the City. He stated that he would like to think that the City of S.S.F., and this united com- munity with all of its residents and neighborhoods were working together towards a common goal to create a better living environment for future generations to enjoy. Ms. Carol Chin, Advisory Committee Member, spoke of the City's Open Space Element, Resolution No. 58-80, on a faci- lity development goal to provide for effective community participation in the planning and financing of development projects - which she felt this Committee's goals paralleled. Mr. Gary Baptista, Advisory Committee Member, stated that he felt that the resolution should be passed as written without adding any additional restric- tions that would hinder the Committee's fundraising efforts. Ms. Patty Shelly, 2435 Tipperary, questioned if the three year term cited in the resolution was correct. Mayor Halley stated that 1/1/90 through 1/1/93 was a three year period. Councilman Nicolopulos stated that he was one of the two dissents on the last issue, and repeated his comments on 1/10/90 Page 13 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 9. Resolution - Continued. ADMINISTRATIVE BUSINESS Resolution No. 21-86: 1) City does not have sufficient funds to construct such a pool; 2) the only way the pool can become a reality is through the acquisi- tion of grants generated by the com- munity; 3) City supports concept of swimming pool for Westborough community; 4) City to provide resources to operate the pool when built; 5) City to set aside land al ready owned by the City and set aside for park purposes. He stated that proponents Ann Waters and her Committee stated that they were aware of these conditions, and agreed to accept them. He stated that a 3-2 majority vote of the Council accepted the Park & Recreation Commission recommendation to override staff. He stated that he had been up front, straight forward, candid, explicit, and honest about Resolution No. 21-86. He stated that his actions then were dic- tated by his conscience, and his deep humanitarian convictions, and tonight his actions were also dictated by his conscience and convictions. He stated that raising the difficult sum of $2,500,000 - $3,000,000 of 1986 money was a monumental task today, which he had tried to relay to everybody as a strong basis for determining his action, coupled along with today's realities of sustaining the proposed pool. He stated that the majority of Council had higher expectations of implementing the pool than he did presently. He stated, that we differ on a very important point tonight: they feel the task is monumen- tal, but it is not insurmountable; and he felt it was a monumental task, but he felt it was insurmountable. He stated that corporate and benevolent interests today face tax law changes in the economy, which does not favor the benevolent giving today unless a fairy godparent surfaces. He stated that 8 to 1/10/90 Page 14 AGENDA ADMINISTRATIVE BUSINESS 9. Resolution - Continued. ACTION TAKEN ADMINISTRATIVE BUSINESS 10 years ago this wishful monumental task may have been less insurmountable. He felt that the present rising expectations exceed capabilities. He stated that he wished he could share the same optimism of the majority of Council, but as things stood tonight he was unable to. M/S Penna/Teglia - To adopt the resolu- tion with an added Whereas, "The Committee will return at one of our meetings in December of each year with an amount of $1,000,000 raised towards the swimming pool fund. RESOLUTION NO. 6-90 Vice Mayor Drago expressed concern with the time frame, because it was possible that the money might not become available for six months or even a year, and yet the resolution was saying, as of January lOth which he felt was restrictive. He suggested three years from the date that the City obtained the money from the Developer. He was also concerned about the interpretation of the resolution: 1) only park in-lieu fees generated from development in Westborough area shall be so designated. He questioned if the spe- cific development should be named in the resolution, because this is the first one that the Council knows about tonight. Mayor Halley reiterated Vice Mayor Drago's requests: 1) clock begins running after the $150,000 is received from the Developer; 2) that the specific development be named in the resolution. Councilmember Teglia agreed with naming the specified development, however, with respect to the $150,000 being committed - that wouldn't be expended until such a time as there were funds to actually construct, so that could be done right now. She stated that she would change the date from 1/1 to 2/1 to give them the full benefit of time and include that in the Motion. 1/10/90 Page 15 A G E N D A A C T I 0 N T A K E N ~-~'::;~ ADMINISTRATIVE BUSINESS 9. Resolution - Continued. ADMINISTRATIVE BUSINESS Vice Mayor Dra§o stated that the way he read the Quimby Act -- was that interest only can be used from in-lieu fees for any project of parks in the City, but for Mr. Jewell to say that this money can be used in its entirety - how could he guar- anty that future residents of that area will use whatever you put in any other area of the City based on its location. City Attorney Armento stated that the Quimby Act provides that the money can be used only for the purpose of development or rehabilitating park and recreation facilities to serve the subdivision, and will benefit the inhabitants of that sub- division. She stated that if the Council can make a determination or a finding that the expenditure of such funds will con- ceivably benefit the inhabitants of a subdivision, then they can use those funds outside of the particular area in which it was generated. She continued, such was considered to be the case when there was some preliminary discussion of using those funds in conjunction with the expansion of Orange Memorial Park because it is a community-wide facility, and generally interpreted that that park is used by residents throughout the City. She stated that Vice Mayor Drago was correct on the provision dealing with interest, but that is separate from the provisions that talk about using the funds to benefit the inhabitants of the subdivision. Vice Mayor Drago stated that it was possible that Westborough does not con- sider Orange Park to be their park. He stated that he wanted the money set aside for three years without $1,000,000 proof being submitted each year. Councilman Penna stated that without proof of the $1,000,000 yearly, it was 1/10/90 Page 16 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 9. Resolution - Continued. PUBLIC HEARINGS 10. Public Hearing - ZA-89-56, Negative Declaration No. 668 - Zoning ~o~c~ Amendment and environmental deter- mination of same to add provisions to the C-1 Zone District to require use permits for expansion of tenant spaces to 15,000 square feet or larger. Conduct Public Hearing; Motion to approve Negative Declaration No. 668; Motion to waive reading and introduce an ordinance. AN ORDINANCE AMENDING SECTION 20.22.030 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO REGULATE TENANT SPACES 15,000 SQUARE FEET OR LARGER IN RETAIL COMMERCIAL C-1 DISTRICTS ADMINISTRATIVE BUSINESS possible that something may not be done for three years and the pool not built, and the reason for the Motion was to expedite the solicitation of funds by the Committee. Carried by majority roll call vote, Councilman Nicolopulos voted no. City Attorney Armento stated that a con- dition would be added, rather than a whereas, to the resolution. She questioned if the date of 2/1 was included in the Motion, as well as including the name of the particular project. Mayor Halley stated that the specific name had not been included. PUBLIC HEARINGS Director of Planning Smith stated that this item went back some three years with the Planning Commission on trying to restrict large regional uses and keep them out of shopping centers, and contin- ued to read the staff report (a copy is on file in the Clerk's Office). Mayor Haffey opened the Public Hearing and incorporated the staff report into the proceedings. He invited those wishing to speak for or against the Zoning Amendment to step to the dais - no one did, and he closed the Public Hearing. Councilman Nicolopulos questioned what this change achieved, and what was it a solution for. Director of Planning Smith stated that if a use was being replaced by another retail use, there is no way it could be regulated. She stated that this amend- ment allowed the Planing Commission to look at it in the form of a use permit for enlargement. 1/10/90 Page 17 AGENDA PUBLIC HEARINGS 10. Public Hearing - Continued. ACTION TAKEN PUBLIC HEARINGS Councilman Penna stated that only two areas were involved, Brentwood and Sunshine Gardens, and if a use came into a shopping center in a C-1 Zone and had to be modified it would need a use per- mit. Director of Planning Smith responded, only if it were going to enlarge a shopping center as a whole. Councilman Penna stated that if a building had 20,000 sq. ft. of retail space and assuming it had the necessary parking and is a full utilization, then there is no impact. He continued, so why bring in another ordinance when it has no impact on parking or traffic. He stated that he viewed this ordinance as an anti-business ordinance to discourage businesses coming into the community. Councilmember Teglia stated that she did not feel she was anti-business, and had bent over backwards for businesses in the past. She stated that she wanted busi- nesses in the City that were compatible and an asset to this community. Councilman Penna stated that the City already had quality type businesses that can locate in this community without a use permit in a C-1 zone. He expressed concern over buildings being vacant because of restricted uses, and felt it was unfair to the City and the community. Councilwoman Teglia stated that the rent structures had doubled and tripled - which was a separate issue as to why there were vacant buildings. Vice Mayor Drago questioned where the 15,000 sq. ft. figure came from and won- dered if it was not too restrictive. Director of Planning Smith stated that it came from the Planning Commission. 1/10/90 Page 18 AGENDA ACTION TAKEN PUBLIC HEARINGS 10. Public Hearing - Continued. --' ITEMS FROM COUNCIL 11. Council appointments to the Conference Center Board. GOOD AND WELFARE PUBLIC HEARINGS Mayor Haffey questioned if this decision wasn't a reaction to Pak'N'Save in the Westborough area. Director of Planing Smith stated that it was, and that building was 80,000 sq. ft. Councilman Penna stated that he could not see any difference in this ordinance from what was already on the books, and if there was a major remodeling of a building the owner would have to come before the City anyway. Vice Mayor Drago questioned why minutes were not attached to the staff report from the Public Hearing held by the Planning Commission. Mayor Halley stated that the item would be held over until minutes were received from the Planning Commission. ITEMS FROM COUNCIL Council heard this item after the Consent Calendar. Councilmember Teglia requested an agenda item for the next meeting: request from San Mateo County Supervisor Eshoo for a $500.00 contribution to the annual Women's Hall of Fame Dinner that will benefit the Center for Women. Councilman Penna stated that he understood that the consultant had been fired from the Westborough/Gellert study, and questioned what the City was doing to recover the money; and whether there was a suit for non-performance of contract. City Manager Armas stated that this item was not on the agenda, and could not be discussed for long because of the Brown Act. GOOD AND WELFARE No one chose to speak. 1/10/90 Page 19 AGENDA ACTION TAKEN CLOSED SESSION 12. Closed session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. RECALL TO ORDER: ADJOURNMENT: CLOSED SESSION Council adjourned to a Closed Session at 10:05 p.m. to discuss the items noticed. Mayor Haffey recalled the meeting to order at 10:38 p.m., all Council present, and no action was taken. M/S Nicolopulos/Penna - To adjourn the meeting to Wednesday, 1/24/90, at 6:00 p.m., at the Municipal Services Building, Community Room, 33 Arroyo Drive, for the purpose of a study session to discuss the Capital Improvement Project. Carried by unanimous voice vote. Time of adjournment was 10:39 p.m RESPECTFULLY SUBMITTED, ar ara . Battaya, City C~rk City of South San Francisco APPROVED. The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communications, arguments, and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 1/10/90 Page 20