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HomeMy WebLinkAboutMinutes 1991-01-23Mayor Jack Drago Council: Richard A. Haffey Gus Nicolopulos John R. Penna qoberta Cerri Teglia AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE INVOCATION: PRESENTATIONS Proclamation - American Heart Month kGENDA REVIEW ORAL COMMUNICATIONS MINUTES City Council Municipal Services Building Community Room January 23, 1991 ACTION TAKEN 7:30 p.m. Mayor Drago presiding. Council present: Council absent: Haffey, Nicolopulos, Penna, Teglia, and Drago. None. The pledge was recited. Rev. Dean Myer, Hillside Church of God Church, gave the invocation. PRESENTATIONS Mayor Drago read the Proclamation aloud and presented it to representatives of the American Heart Association. AGENDA REVIEW City Manager Armas stated that there were no changes to the Agenda. ORAL COMMUNICATIONS Ms. Diana Byers stated that she and her husband were the Franchisees of McDonalds in Westborough and related the following: they had received notice in the mail from the Planning Div. that had made them upset, and they were here for Council help and a sense of direction; last Thursday they had made a request and a presentation to the Planning Commission for a change in one of the General Plan policies that would allow the addition of drive through windows to existing restaurants if they met certain con- ditions; after listening to the presen- tation and justifications for the proposed amendment, the Planning Commission after a 40 minutes discussion concluded on a 6-1 vote that rather than make a decision at that time, it would be helpful to hold a study session devoted 1/23/91 Page i AGENDA ....... ORAL COMMUNICATIONS ACTION TAKEN ORAL COMMUNICATIONS solely to their request; the morning after the meeting Miss Morton from the Planning staff informed them of the date for the study session, and that they would have an opportunity to provide written comments up to two days before the study session; after receiving this information she and her husband were com- piling information that would be helpful to the Planning Commission study session; then they received a letter in this afternoon's mail advising them that they could appeal the staff's decision and their application was deemed to be off calendar. She stated that they appreciated staff's attempts to advise them of their rights, however, they did not think they should have to pay an appeal fee of $325.00 just because someone forgot to put a time, date, and place into a motion for a study session which constitutes just a con- tinuance of a public hearing that was on 1/13/91. She continued, since the public hearing will have to be legally adver- tised anyway to preclude violation of the Brown Act she respectfully suggested that the Council direct staff to prepare the appropriate public notice for 2/7/91, and the oversight of not continuing the public hearing to a certain time, date, and place will be corrected by using in the legal notice the applicable parts of the public notice that was prepared by staff for the January meeting. She stated that this would save the necessity of the appeal and for Council to hear the matter. Mayor Drago asked the City Manager if the City was aware of what staff was saying to appeal -- appeal what? City Manager Armas stated that as it was explained it doesn't make much sense, however, he would take care of the matter. 1/23/91 Page 2 A G E N D A A C T I O N T A K E NnS) ~)u~,~''L~'(~,~ ~COMMUNITY FORUM CONSENT CALENDAR 1. Motion to confirm expense claims of 1/23/91. e Motion to accept the Alta Loma Pathway Project as complete in accordance with the approved plans and specifications. Resolution authorizing a contract for a traffic study for the Westborough/Gellert urban design concept; and Resolution approving a budget amendment. A RESOLUTION AUTHORIZING EXECUTION OF A TRAFFIC STUDY CONSULTANT SERVICES AGREEMENT (WESTBOROUGH/ GELLERT URBAN DESIGN PLAN) A RESOLUTION APPROVING BUDGET AMENDMENT 90-11 TO THE 1990-1991 OPERATING BUDGET 0 Motion to accept the Alta Loma ~0~0 Pathway Project as complete in accordance with the approved plans and specifications. COMMUNITY FORUM Mayor Drago stated that it was important that the community and the nation show unity and solidarity by displaying the American flag in front of their homes and businesses. Councilman Penna announced that the S.S.F. Sister City Committee was having a spaghetti feed fund raiser on 2/26/91 for the benefit of cultural and friendship exchanges. CONSENT CALENDAR Approved in the amount of $752,401.82. Removed from the Consent Calendar for discussion by Vice Mayor Nicolopulos. RESOLUTION NO. 7-91 RESOLUTION NO. 8-91 M/S Teglia/Nicolopulos - To approve the Consent Calendar with the exception of Item No. 2. Carried by unanimous voice vote. Vice Mayor Nicolopulos stated that this item had been pending for over three years and he wanted to personally thank Babe Lorenzini for its coming to fruition. M/S Nicolopulos/Te§lia - To accept the 1/23/91 Page 3 AGENDA ACTION TAKEN : 2. Motion - Continued. ADMINISTRATIVE BUSINESS Resolution authorizing execution of an agreement with Wilsey & Ham for an environmental assessment document. A RESOLUTION AUTHORIZING EXECUTION OF A CIVIL ENGINEERING CONSULTANT r~O SERVICES AGREEMENT WITH WILSEY & ~ HAM FOR THE HICKEY BOULEVARD EXTENSION Alta Loma Pathway Project as complete in accordance with the approved plans and specifications. Carried by unanimous voice vote. Director of Public Works Parini para- phrased his staff report: that the extension was planned for Hickey Blvd. to be extended from E1Camino Real to Hillside Blvd.; County already owns the right-of-way for their part of the pro- ject; need to request the County par- ticipate in project planning and to share the cost of the environmental assessment documents; scoping estimates were $325,000 for environmental assessment documents; engineering design would be $250,000-300,000; the right-of-way acquisition was $1.4 million; construc- tion costs including engineering/ management was $2.0-2.8 million; Capital Improvement Budget assumes a grant will be obtained; if a grant is applied for then the project must comply with all Federal requirements, etc. Vice Mayor Nicolopulos felt confident that this would alleviate the transpor- tation gridlock and answer needs for cleaner air, as well as provide better controls. M/S Nicolopulos/Teglia - To adopt the Resolution, and to request San Mateo County to participate in the project planning and share the cost of the environmental assessment documents. RESOLUTION NO. 9-91 Discussion followed: County should realize this is a regional road for which they should be responsible; have the con- sultants working on the Gellert study see what relief this project will provide; that with the BART station moving north, 1/23/91 Page 4 A G E N D A A C T I O N T A K E N ~i~r~L~,.~i_!(.],:~ Be Resolution - Continued. Resolution approving the plans and specifications, and authorizing /o~° the advertisement of bids for > public facilities maintenance. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR THE PUBLIC FACILITIES MAINTENANCE, FIRE STATIONS AND RECREATION CENTERS this being a major artery it would divert traffic; that the route would go below Macy's, and not through the trailer park; that a portion of the road that the County owns is parallel to the cemetery, etc. Carried by unanimous voice vote. Director of Public Works Parini gave his staff report: chronicle of urgent repair work needed at Siebecker; repairs needed at the Fire Station; $50,000 in repairs had been deferred at Orange Park. Councilwoman Teglia stated that the Subcommittee had taken a good look at Siebecker because it was in a residential area, and it was important that the City make every effort to bring it up to the standards of the neighborhood rather than create a blight situation. She stated that she would like to see a regularly scheduled maintenance situation wherein the building always looks good. She stated that it was an old building that was being used for pre-school programs, and there was a huge stage area that was only used to store equipment and she would like it looked at to create better used space with minor improvements and hold off on the $18,500 until that had been done. She stated that staff was recommending critical things to be done; replace exterior windows, however, all of the windows should be done - not just i or 2 windows; and don't just paint the trim around the windows, but paint the exterior of the building. She stated that there was a recommendation to enlarge the stair landing which was not up to Code and the stairs were quite dangerous. She stated that another recommendation was to replace exterior walls which are cracked and a liability to the City. She suggested eliminating the $18,500 for remodeling and removing the stage, and $12,000 for furnishings and new window coverings at this time; and do all the work at $34,500 as addi- tional Siebecker work. 1/23/91 Page 5 AGENDA ACTION TAKEN Resolution - Continued. Report to Council on conflicts of interest and ethics. ~)~ She stated that Orange Park was heavily used and some work had been deferred because of expansion plans, however, that would not take place for a number of years and did not believe the community should wait all those years for repairs to be made. She suggested removing the $17,000 to replace windows and $3,000 for refinishing office cabinets and do the remaining $30,000 of work at Orange Park. M/S Teglia/Haffey - To adopt the Resolution, and add $34,500 for Siebecker; and consider $30,000 for Orange Park Recreation Center improve- ments in the 1991-1992 Capital Improvement Budget. RESOLUTION NO. 10-91 Councilman Penna stated that he thought the building was going to be torn down in three years in Orange Park. Councilman Haffey stated that it would be a number of years before the building was demolished. Mayor Drago expressed disappointment that the staff report did not reflect comments from the Subcommittee. Carried by unanimous voice vote. Mayor Drago stated that this had been carried forward from a study session for discussion at a public meeting. Acting City Attorney Haile stated that he had attached the prior Attorney's report to his staff report; the respective proposal; and a revision to the 12/12/90 proposal that he had prepared. He spoke of the modifications he had made to the 12/19/90 proposal: language, removing "ought to" and "have"; the term "know or has reason to know" and substituted language used in Political Reform Act; definition of "standard" compared to "guideline"; substituted "elected offi- cials'' for "councilmember." 1/23/91 Page 6 A G E N D A A C T I 0 N T A K E N ~F~.~.~,~, "~DMINISTRATIVE BUSINESS ~6. Report - Continued. ADMINISTRATIVE BUSINESS He felt that a working relationship for future councils would be inappropriate with self policing, and that would be better left to the voters, the media, and outside interested persons. He stated that if the Council wanted employees subject to the ethics, it would involve a meet and confer process. He stated that he did not have a recom- mendation one way or another for the Council because it was strictly a policy decision. Discussion followed: that a perceived violation could be troublesome to run down; that this was to set a standard for future councils; language of the propo- sal; that these ethics were preventative of a councilmember developing a conflict of interest; and if one developed, the councilmember would abstain on a vote; Vice Mayor Nicolopulos did not understand why there was a need to make the law stricter; it is a political deci- sion to make inner motives dictate actions, and it goes beyond the law; that the distinction in representation, was when the councilmember intentionally put himself in a situation where he could benefit; that this was redundant to State law; Councilwoman Teglia felt she could live with the Acting Attorney's revisions and felt it should apply to elected officials, Boards and Commissions, and employees; paragraph 8 language; what constitutes a conflict of interest; pre-acquisition of interested; use of confidential information acquired in closed session or through confidential council reports; avoiding a perception of conflict of interests to the public; appearing before the Council for a friend, would create an impression of conflict of interests to the public. M/S Teglia/Haffey - To accept the revised conflict of interest standards without sanctions. 1/23/91 Page 7 AGENDA ACTION TAKEN "'~DMINISTRATIVE BUSINESS 6. Report - Continued. Report to Council on financial analysis of Convention Center as requested on 11/7/90. ~0~ ADMINISTRATIVE BUSINESS Vice Mayor Nicolopulos felt that this was an assumption that something was wrong or that a law had been broken. Councilman Haffey felt that the public had lost confidence in elected offi- cials, and this could help restore it. Vice Mayor Nicolopulos felt that the present FPPC laws were stringent enough, and would not vote for this because it was redundant. Councilman Penna stated that only one councilmember was in private industry, and it bothered him that that individual could not develop new sources of business while that was not true with someone in the public sector. Acting City Attorney Haile stated that the problem was in knowingly placing one- self in a position -- otherwise there was no problem. Motion failed by a majority roll call vote, Councilmembers Haffey and Teglia voted yes. Executive Board Director Carl stated that Council had given direction at a joint study session on 11/7/90 with the Conference Center Board for detailed financial information covering all ele- ments of the project at 255 So. Airport Blvd.; and confirmation of the financial elements by an independent financial firm. She spoke in detail of the process wherein KPMG Peat Marwick was selected to conduct the analysis, and the firm had been provided all financial detail. She stated that the firm would make a presentation after which the recommen- dation was that Council accept the finan- cial analysis, reaffirm its support for the center, and allow the project deve- lopment to move forward. Mr. Charles Johnson reviewed his firm's 1/23/91 Page 8 A G E N D A A C T I 0 N T A K E N ~?~,...~..,~ ~DMINISTRATIVE BUSINESS Councilman Haffey Left the Dais: ADMINISTRATIVE BUSINESS analysis: the market position of the building; tax revenue; room occupancy project; 4% escalation clause; debt ser- vice of $500,000; cash flow; revenues and expenditures associated with the pro- ject; rent was based on occupancy; occu- pancy rates; food and beverage costs in comparable facilities; employees and related expenses; determining the market; a comprehensive feasibility study had not been received. Vice Mayor Nicolopulos stated that accor- ding to the consultant the most impor- tant thing was a feasibility study and a market study which should have been done; and he questioned if it had been done. Executive Director Carl replied that it had not. Councilman Haffey left the dais at 10:00 p.m. Vice Mayor Nicolopulos questioned the intent of the wording on page 2 of the consultant's report on assumptions. Mr. Johnson stated that his firm did not want to be on-line for a project to underwrite a standpoint at this point in time because they had not undertaken the confidence of all the aspects of the market, the financial and the underwriting of the project. Vice Mayor Nicolopulos continued questioning the language written in the report, "..furthermore there will usually be differences in projected and actual results, because events and circumstances frequently do not occur as expected and those differences may be material. Our report includes information prepared by the City and other consultants. We have no responsibility for their conclusions or the accuracy of their underlying ana- lysis or assumptions..." 1/23/91 Page 9 AGENDA ACTION TAKEN ---DMINISTRATIVE BUSINESS 7. Report - Continued. (Cassette No. 2) ADMINISTRATIVE BUSINESS He then spoke of page 26 in reference to a comprehensive market study not having taken place, and questioned if other needs in the project might also have gone unaddressed. Mr. Johnson responded in the affirmative, and stated that the things he had seen had been reasonable in their nature, where they had gone unaddressed or not. Discussion followed: the experience of the firm doing the analysis; that Mr. Johnson had worked on the San Mateo Fair Grounds Project, and in Riverside; attracting the meetings market; opera- tions of similar convention centers; deficit spending and cash flow as repre- sented in the analysis; how salary ranges of full time staff had been derived; Councilman Penna felt that salaries were too low to attract a good market and compete with the surrounding hotels; Executive Director Carl felt that the salaries were sufficient, considering that it was a public facility; insuf- ficient number of projected sales people compared to what the hotels use; there had not been a business plan to deter- mine how to get business; that the report was based on assumptions, etc. Mayor Drago stated that he was the one who had requested the fiscal analysis of the project because he wanted to confirm what he had heard from staff. He stated that suddenly this report was critical to everybody else, yet the report was for him. He stated that the vote to scrap the conference center - there were two members that voted against it in November and the third vote was not there until he had gotten a fiscal analysis; and that had determined whether the pro- ject would go or not. He stated that Council was going beyond what the firm was charged to do - make a fiscal analy- 1/23/91 Page 10 A G E N D A A C T I O N T AK E N U'~' ~~. · i' ~DMINISTRATIVE BUSINESS ~7. Report - Continued. RECESS: RECALL TO ORDER: Councilman Haffey Returned to the Dais: ADMINISTRATIVE BUSINESS sis based on what the staff and Board presented to them. He suggested staying with the report, and then Council could challenge the information received to put the report together from staff. Discussion followed: job descriptions to be used; deficit spending; net operating shortfall explained; General Fund loan for the lease, etc. Council adjourned to a recess at 11:00 p.m. Mayor Drago recalled the meeting to order at 11:10 p.m. Councilman Haffey returned to the dais at 11:10 p.m. Councilman Nicolopulos stated that he was the dissenting vote on both of these pro- posals, and related his reasons for the no vote and outlined his Motion: 1) Break the lease; 2) Evaluate and recon- cile all encumbrances incurred with the lease; 3) Prepare an alternate site loca- tion for a conference center project development; 4) which will constitute a quality state of the art facility which will do these things: a) should be designed with the flexibility to respond to changing market conditions; b) must position itself as a full service conven- tion center that can compete with the Hyatt and the Marriott as well as other convention centers; c) and the goal of the center must be to book groups that fill hotel rooms in S.S.F.; d) and market all hotels present and future for S.S.F. as one to best achieve our results rather than the marketability study recommended only marketing the Radisson Hotel, Holiday Inn and the conference center to achieve results. He stated that he would like to satisfy the real reason for Measure C being placed on the November ballot: on 1/23/91 Page 11 AGENDA ACTION TAKEN ~DMINISTRATIVE BUSINESS '7. Report - Continued. ADMINISTRATIVE BUSINESS 7/12/89 the Council unanimously approved placing the it on the November ballot; he read the ballot questiond on the sample ballot aloud; gave the definition of acquire, and stated that it does not kmean to lease; he felt the present site had become too limited to accommodate the future; the first thing that should have been done was a comprehensive market study and preparation of a budget analy- sis to guide; both of these things were substantiated by the consultant, and had caused assumptions to be made; con- sultant's fiscal report did not substan- tiate staff figures and projectures and was stated through the audit disclaimer; the recommendation had been for a quality facility; audio visual equipment; sales and marketing employees; why Boardmembers were appointed at different times by Council; configurations of the ballroom; traffic study; how to get the best transportation to accommodate the people; felt Council should have had more infor- mation for input; wants a facility that is the state of the art, etc. Councilman Haffey stated that a conser- vative approach had been taken on the revenues and expenditures by the con- sultant in line with the philosophy of S.S.F. and that had given him more con- fidence because it was consistent. Councilwoman Teglia stated that tons of information had been made available, and felt the Council was losing sight of why this had been done and the benefits to the City. She stated that a modest pro- posal had been presented which gave the City entree to a business area, and generated revenue to provide an enhanced climate for new and established hotels through a conference center. She con- tinued, it will improve business vitality when a lot of sources of revenue were shrinking. She had been advised by the City Attorney that the word "acquire" took in purchase, lease or any other 1/23/91 Page 12 A G E N D A A C T I 0 N T A K E N ~'~i '~ © ~ '--'kDMINISTRATIVE BUSINESS 7. Report - Continued. ADMINISTRATIVE BUSINESS action that would secure. She stated that discussion and a vote by four mem- bers of the Council had put it on the ballot knowing full well it was going to be a lease situation, and all the con- ference center had to do was to sustain itself and the money would come from the tax collected. She stated that she was comfortable and did not feel that the City was taking any major risks. She believed that if the City did not take this opportunity at this site it would not have a conference center, and she urged the Council to rethink this. She stated that in growing up she had heard people ask why the City did not get the shopping center, and it had always boiled down to a mentality that prevented it from happening. Councilman Penna felt that the purpose of government was to regulate conduct of its people or to provide services, which made him question what the City was doing in the conference center business. He con- tinued, who are we doing this for; what is the return to the City when it was close to a deficit position. He cited things he felt had not been included: the open position of the PG&E lease on adjacent property that he did not see in the report; where were the controls in the event there was an adjustment in the lease; no one knew what the rent factor was; that the total cost of salaries could be another $200,000; he knew there was a net operation shortfall; there were many locations to serve other hotels; there was a 90 day clause on the PG&E lease, etc. Mayor Drago stated that he was not happy with the process, in that he had requested the fiscal analysis of the pro- ject which he needed before making the deciding vote on whether or not the con- ference center goes or it doesn't go. He stated that he had not asked the 1/23/91 Page 13 AGENDA ?-DMINISTRATIVE BUSINESS 7. Report - Continued. ACTION TAKEN ADMINISTRATIVE BUSINESS Conference Board or staff to review, discuss, evaluate or decide to vote, reject or accept this report. He felt that the staff and the Board had made their position very clear on November 7th and the vote carries a heavy respon- sibility, and he did not like people to kcontrol his data seeking environment, etc. He stated that he felt the report was the most informative piece of information he has had in a year and answered all the questions he was looking for, i.e., operating costs and staffing. He won- dered why he had been the one that had to request the report. He stated that the purpose of the report was to assist him in confirming the data submitted by the staff and Conference Board. He stated that his concern had always been to limit any exposure to financial risks to the City, and he had accepted and still accepted the knowledge of the Conference Board in their judgment call as to design, use, and marketing of this con- ference center. He stated that he would have preferred that it be administered by a non-profit private corporation without City involve- ment, and an independent contractor as the Director - not a City employee. He stated that the report made him more com- fortable even with the secenario of wor- sening economy, and was trying to separate himself from the emotions and the political aspects of the decision and base it strictly on the dollars in and out. He continued in depth: there was sufficient revenues to cover any indeb- tedness; seems to meet the market inten- ded; it was never intended to be in competition with Moncone or the County Center; he took exception to the site not being on the ballot when a unanimous vote of Council had tied a lease to the pro- perty two months before the election; he accepted the draft report and supported 1/23/91 Page 14 AGENDA '--!kDMINISTRATIVE BUSINESS 7. Report - Continued. ACTION TAKEN ADMINISTRATIVE BUSINESS the continuation of the center and wanted to go forth with the site at that loca- tion; the Board should be compelled to work within this budget; and the report should be a real standard or guideline for the Board, etc. Discussion followed: that Councilman Nicolopulos had approved the lease, but had changed his mind because the lease was not put on the ballot. Mayor Drago stated that had the address been put in the ballot and the deal fell through, then there would have needed to be a second election. He stated that the bottom mine is based on assumptions, and that in every analysis or audit the same disclaimer verbage was used on audit papers. Councilman Nicolopulos stated that there was a difference of opinion , and what we failed to do was a market and feasibility study as the consultant had said, and that is why we are in this mess and he wanted a reevaluation. M/S Nicolopulos/Penna - 1) Break the lease; 2) Evaluate and reconcile all encumbrances incurred with the lease; 3) Prepare an alternate site location for a conference center project development; 4) which will constitute a quality state of the art facility which will do these things: a) should be designed with the flexibility to respond to changing market conditions; b) must position itself as a full service convention center that can compete with the Hyatt and the Marriott as well as other convention centers; c) and the goal of the center must be to book groups that fill hotel rooms in S.S.F.; d) and market all hotels present and future for S.S.F. as one to best achieve our results rather than the marketability study recommended only marketing the Radisson Hotel, Holiday Inn and the conference center to achieve results. 1/23/91 Page 15 AGENDA ACTION TAKEN i~DMINISTRATIVE BUSINESS 7. Report - Continued. __CEGISLATIVE BUSINESS 8. Motion to waive reading and intro- duce an ordinance on graffiti. AN ORDINANCE REPEALING CHAPTER 6.88 ENTITLED "SALE OF AEROSOL PAINT TO MINORS" AND ADDING CHAPTER 10.48 ENTITLED "GRAFFITI" TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE ADMINISTRATIVE BUSINESS Motion failed by majority roll call vote, Councilmembers Penna and Nicolopulos voted yes. M/S Teglia/Haffey - The City Council having reviewed the financial analysis, accepted the financial analysis, reaf- firmed its support of the conference center, and directed the Board and staff to move forward to make this a reality with all good haste. Carried by majority roll call vote, Councilmembers Penna and Nicolopulos voted no. Councilwoman Teglia requested that the number of points made by Mayor Drago with respect to the budget and his other com- ments be brought to the Board for inclu- sion in the program. LEGISLATIVE BUSINESS City Clerk Battaya read the title of the ordinance in its entirety. Police Chief Datzman described graffiti generally, in that it had been identified as a public nuisance by the City's Neighborhood Strategy Program Coordinator Group, which is identifying wasys to improve the City's physical appearance. He stated that the impact of graffiti contributes directly to the lessioning of property values, is a visual blight, and unless it is removed in an expeditious manner it tends to remain, etc. He stated that the ordinance was a product of the Task Force and would provide a tool to remove graffiti in a timely fashion, and proceeded to describe the program. M/S Teglia/Haffey - To waive reading and introduce the ordinance. Carried by unanimous voice vote. 1/23/91 Page 16 '--~UBL I C, HEARINGS 9. Public Hearing - To consider appeal of Planned Unit Development PUD-90- 20, to allow the removal of car- ports at an existing 80 unit multi- family residential development at 350-418 "C" Street; Open the Public Hearing, and continue to 2/27/91. 10. 11. Public Hearing - To consider ~q RZ-90-81 (Rothman Family Trust) ~o a rezoning request and environmen- tal determination of same to rezone a 14,000+ sq. foot parcel located at 483 Victory Avenue from P-C Planned Commercial to M-1 Industrial; Conduct Public Hearing; Motion to approve Negative Declaration No. 706; Motion to waive reading and introduce an ordinance. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF SOUTH SAN FRANCISCO TO REZONE PROPERTY LOCATED AT 483 VICTORY AVENUE FROM PLANNED COMMERCIAL TO INDUSTRIAL ZONE DISTRICT Public Hearing - To consider ZA-90-58(b) - Amendment to modify Title 20 of the South San Francisco Municipal Code regarding parking standards for group care facili- ties; Conduct Public Hearing; Motion to waive reading and intro- duce the ordinance. AN ORDINANCE AMENDING TITLE 20 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE PERTAINING TO RESIDENTIAL CARE PUBLIC HEARINGS Mayor Drago opened the public hearing, and continued it to 2/27/91. Councilwoman Teglia requested information regarding the HUD policy for establishing a sinking fund and replacement, and whether this had been done City Manager Armas stated that it may not come back to the Council if the appeal was withdrawn. City Clerk Battaya read the title of the ordinance in its entirety. Mayor Drago opened the Public Hearing. Chief Planner Solomon gave a brief staff report. Mayor Drago invited those wishing to speak for or against the item to step to the dais - no one did, and he closed the Vublic Hearing. M/S Teglia/Haffey - To approve Negative Declaration No. 706, and to waive reading and introduce the ordinance. Carried by unanimous voice vote. City Clerk Battaya read the title of the ordinance in its entirety. Mayor Drago opened the Public Hearing. Chief Planner Solomon related that the ordinance makes three changes to the Zoning Ordinance: 1) defines what resi- dential care facility for the elderly means; 2) lists this use as a conditional use in R-3 Commercial and zoning districts; 3) makes a new parking requirement for this use. Councilwoman Teglia stated that she had a problem with removing R-3 standards, and felt that this was too light for the 1/23/91 Page 17 AGENDA ACTION TAKEN UBLIC HEARINGS :1. Public Hearing - Continued. FACILITIES ITEMS FROM COUNCIL PUBLIC HEARINGS older parts of town that did not have sufficient parking. Councilman Nicolopulos questioned who this ordinance was helping. Chief Planner Solomon stated that an application had been received for a 14 bed use in the 600 block of Grand at Magnolia and Orange that would facilitate elderly projects as mentioned in the General Plan. Mr. Pat Nobis stated that two parking spaces for every three beds was restric- tive for homes for the elederly that are frail and require care, and a one to seven ratio was consistent with the Bay Area. Councilwoman Teglia felt more comfortable with a one to four ratio and one space for each employee. Mr. Randall, 760 Sydney Court, Ukiah, argued for a one to seven bed ratio. Mayor Drago closed the Public Hearing. Discussion followed: what the maximum parking spaces were in an R-3 area; pro- tective of R-3 area; what if site sold and it was turned into something else, what protection is there for parking; to table the item because it was 12:15 a.m.; Councilwoman Teglia would not be in attendance at the first meeting in February, etc. Mayor Dra9o continued the item to 2/13/91. ITEMS FROM COUNCIL Councilman Penna requested that the law firm giving advice to the City on the Downtown Redevelopment should be looked at for the City to recover from their errors and omission policy. 1/23/91 Page 18 AGENDA ACTION TAKEN '--TEMS FROM COUNCIL GOOD AND WELFARE CLOSED SESSION 12. Closed session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. ~'2JOURNMENT ITEMS FROM COUNCIL City Manager Armas stated that it would be scheduled for the next Closed Session. Councilwoman Teglia requested that the issue of booking fees be agendized because they begin on 2/1/91, and the City should go for reimbursement from the State for having mandating it. GOOD AND WELFARE Mr. John Prouty thanked the Council for their support of the servicemen and women by adoption of the resolution. He also felt that the action taken on the graffiti ordinance was commendable and long needed. CLOSED SESSION Council chose not to hold a Closed Session. 12:20 a.m. ADJOURNMENT: Carried by unanimous voice vote. The time of adjournment was 12:20 a.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk? City of South San Francisco k Dl~go, ~yor y of Souti/San Francisco 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. 1/23/91 Page 19